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HomeMy WebLinkAboutSecond AmendmentSECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND OPPER AND VARCO, LLP This Second Amendment to the Agreement is entered into this 3rd day of December, 2013, by and between the City of National City, a municipal corporation (the "City"), and Opper and Varco, LLP, a Limited Liability Partnership. RECITALS A. WHEREAS, the City and Opper and Varco entered into an Agreement on October 3, 2011, (the "Agreement") for the not to exceed amount of $19,500 wherein the Opper and Varco agreed to assist the City with environmental site conditions, remediation, regulatory issues, and closure pursuant to the Disposition and Disposition Agreement ("DDA") by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP. B. WHEREAS, the City requires continuing legal services related to the DDA matters in order to meet the obligations under the DDA regarding the project. C. WHEREAS, on February 26, 2013, the City entered into the First Amendment to the Agreement increasing the not -to -exceed amount by $30,500, for a total not to exceed amount of $50,000. D. WHEREAS, to meet the obligations under the DDA for the project, the parties desire to increase the not -to -exceed amount by $30,000, for a total Agreement amount of $80,000. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on October 3, 2011, as follows: 1. Increase the not -to -exceed amount by $30,000, for a total Agreement amount of $80,000. 2. The parties further agree that with the foregoing exceptions, each and every term and provision of the Agreement dated October 3, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY OPPER AND VARCO, LLP By: By: Ron Morrison, Mayor Richard Opper, Partner APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney