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THIRD AMENDMENT TO AGREEMENT <br /> This Third Amendment to Agreement ("Third Amendment") is entered into October 3, 2018 <br /> by the City of Pleasanton ("City") and Jarvis, Fay & Gibson, LLP("Consultant"). <br /> Whereas, on August 19, 2016 the City and Consultant entered into a Professional Services <br /> Agreement for legal services, amended by the First Amendment dated December 4, 2017, and <br /> Second Amendment dated September 19, 2018 (collectively the "Agreement"; Contract No. <br /> 2017269); and <br /> Whereas, City has been sued in the matter of David Sowels dba 3N Land and Building REIT <br /> v. City of Pleasanton, and City desires Consultant's expertise is providing legal defense for this <br /> matter. <br /> Now,therefore,in exchange for valuable consideration, the receipt of which is hereby <br /> acknowledged, the parties agree as follows: <br /> Section 1. Consultant's Services of the Agreement amended to add: <br /> "Consultant shall assist City in the defense of David Sowels dba 3N Land and Building REIT v. City <br /> of Pleasanton (Alameda County Superior Court Case No. HG18910118)." <br /> Section 4. Compensation of the Agreement is amended to add: <br /> "For the matter of David Sowels dba 3N Land and Building REIT v. City of <br /> Pleasanton as set forth in this Third Amendment, an additional amount not-to- <br /> exceed $50,000 may be paid to Consultant." <br /> All other terms and conditions of the Agreement shall remain in full force and effect. <br /> The parties have executed this Third Amendment as of the date written above. <br /> CITY OF PLEASANTON CONTRACTOR <br /> Nelson Fialho, City Manager Rick Jarvis, Senior Partner <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Daniel G. Sodergren, City Attorney <br /> Third Amendment Page 1 <br />