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04
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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091923 SPECIAL
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9/13/2023 1:46:51 PM
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9/13/2023 1:46:14 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/19/2023
DESTRUCT DATE
15Y
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ATTACHMENT 1 <br /> SECOND AMENDMENT TO AGREEMENT <br /> This Second Amendment to Agreement("Second Amendment") is entered into this day of <br /> 2023 by the City of Pleasanton("City") and First Carbon Solutions ("Consultant"). <br /> Whereas, on September 4, 2018, the City and Consultant entered into a Professional <br /> Services Agreement("Agreement") for an Environmental Impact Report for the proposed 33 <br /> single-family residential community, related improvements, and land dedication on four <br /> properties located at 10807, 11021, and 11033 Dublin Canyon Road and the parcel west of <br /> 11021 Dublin Canyon Road; and <br /> Whereas, on September 3, 2019, the parties amended the Agreement to include <br /> additional services related to necessary updates in the environmental review process pursuant to <br /> CEQA; and <br /> Whereas, the parties desire to further amend the Agreement, to extend the timeframe for <br /> completion of the project, and include additional services related to necessary updates in the <br /> environmental review process pursuant to CEQA; <br /> Now, therefore, in exchange for valuable consideration, the receipt of which is hereby <br /> acknowledged, the parties agree as follows: <br /> 1. Section 3 of the Agreement, "Terms," is amended to include the additional scope <br /> included in Exhibit A. <br /> 2. Section 4 of the Agreement, "Compensation," is amended to include the <br /> following: <br /> For the additional services to be rendered as described in Exhibit A, the City <br /> shall pay Consultant an additional$84,5 78. <br /> 3. All other terms and conditions of the Agreement shall remain in full force and <br /> effect. <br /> 4. This Second Amendment may be executed in multiple counterparts, each of <br /> which shall be an original and all of which together shall constitute one <br /> agreement. Counterparts may be delivered via facsimile, electronic mail <br /> (including pdf or any electronic signature complying with U.S. federal E-Sign Act <br /> of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions <br /> Act(Cal. Civil Code §1633.1 et seq.), or other applicable law) or other <br /> transmission method, and any counterpart so delivered shall be deemed to have <br /> been duly and validly delivered and be valid and effective for all purposes. With <br /> respect to signatures delivered via facsimile or electronically, Consultant shall <br /> deliver its original wet ink signature to the City within thirty (30) days following <br /> Consultant's original delivery via facsimile, electronic mail or other transmission <br /> Second Amendment Page 1 <br />
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