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16-1101_E. STEWART & ASSOCIATES, INC._Maintenance Services Agreement First AmdAMENDMENT NO.! TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND E. STEWART AND ASSOCIATES, INC. 1. Parties and Date. This Amendment No.1 to the Maintenance Services Agreement is made and entered into as of this I st day of November, 2016, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and E. Stewart and Associates, Inc., a California corporation, with its principal place of business at 1000 Calle Negocio, San Clemente, California ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Contractor. The City and Contractor have entered into an agreement entitled "MAINTENANCE SERVICES AGREEMENT" dated March 15, 2016 ("Agreement") for the purpose of retaining the services of Contractor to provide professional weed and rubbish abatement and winter preparation services. 2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to extend the Maintenance Services Agreement for Weed, Rubbish, Winter Preparation, and Thistle Abatement at the current unit pricing for an additional two year term, with two one-year optional extensions at the City's discretion. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 .1.2 of the Agreement. 3. Terms. 3.1 Amendment. Section 3 .1.2 of the Agreement is hereby amended in its entirety to read as follows: 3.1.2 Term. The term ofthis Agreement shall be from March 15, 2016, to December 31, 2018, with two one-year optional Page 1 of3 61147.02100\29314735 .1 extensions at the City's discretion, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. In addition to the foregoing optional extensions exercisable at the City's discretion, the Parties may, by mutual , written consent, further extend the term of this Agreement if necessary to complete the Services . 3.2 Co nt inuing Effect of Agreement. Except as amended by this Amendment No.1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No.1. From and after the date ofthis Amendment No.1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Ad equate Con id eration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No .1. 3.4 Severability. If any portion of this Amendment No.1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] Page 2 of3 61147.02100129314735 .1 SIGNATURE PAGE FOR AMENDMENT NO.! TO MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND E. STEWART AND ASSOCIATES, INC. CITY OF SAN JUAN C PISTRANO E. STEWART AND ASSOCIATES, INC. Approved y: 61147 .. 02100\29314735.1 ~~~ Signature Ehw/W 4) 87€w/7-e r Name OGO Title Date 1 7 Page 3 of3 E. Stewart and Associates, Inc. 1000 Calle Negocio San Clemente, CA 92673-6205