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ATTACHMENT*1 <br /> FOURTH AMENDMENT TO AGREEMENT <br /> This Fourth Amendment to Agreement("First Amendment")is entered into this day of April,2019 <br /> by the City of Pleasanton("City") and Morgenroth Development("Contractor"). <br /> Whereas, on July 1, 2015, City and Contractor entered into an As-Needed Maintenance and <br /> Trade Services Agreement("Agreement"); <br /> Whereas,the First Amendment was entered into on July 1, 2016, extending the Term to June 30, <br /> 2017; <br /> Whereas,the Second Amendment was entered into on July 1, 2017, extending the Term to June <br /> 30, 2018; <br /> Whereas,the Third Amendment was entered into on July 1, 2018, extending the Term to June <br /> 30, 2019; <br /> Whereas,the parties desire to amend the Agreement through this Fourth Amendment to increase <br /> the total compensation for the fiscal year ending July 1, 2019,to $200,000 in order to perform additional <br /> remodel work on City facilities; <br /> Now,therefore, in exchange for valuable consideration,the receipt of which is hereby acknowledged, <br /> the parties agree as follows: <br /> 1. Section 3 of the Agreement, "Compensation" is amended to read: <br /> "For Fiscal Year 2018-19,total compensation shall not exceed $200,000." <br /> 2. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> 3. This First Agreement may be executed in multiple counterparts, each of which shall be an <br /> original and all of which together shall constitute one agreement. Counterparts may be <br /> delivered via facsimile, electronic mail (including pdf or any electronic signature <br /> complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California <br /> Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.), or other <br /> applicable law) or other transmission method, and any counterpart so delivered shall be <br /> deemed to have been duly and validly delivered and be valid and effective for all <br /> purposes. With respect to signatures delivered via facsimile or electronically, Contractor <br /> shall deliver its original wet ink signature to the City within thirty(30)days following <br /> Contractor's original delivery via facsimile, electronic mail or other transmission method, <br /> provided that failure to deliver such original ink signature shall not affect the validity of <br /> the electronic signatures that were delivered. <br /> In witness whereof, authorized representatives of the parties have executed this Amendment to the <br /> Agreement as of the date and year first above written. <br /> CITY OF PLEASANTON CONTRACTOR <br /> By: <br /> Nelson Fialho, City Manager James Morgenroth, Owner <br /> Page 1 <br />