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FIRST AMENDMENT TO A G R E E M E N T
THIS FIRST AMENDMENT TO AGREEMENT, dated for purposes of identification only this ___ day of ________, 2025, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation, hereinafter
referred to as "ANAHEIM"
A
N
D
LYONS SECURITY SERVICE, INC., a California corporation
hereinafter referred to as “CONTRACTOR.”
W I T N E S S E T H:
WHEREAS, on June 19, 2024, ANAHEIM entered into an Agreement with CONTRACTOR for the collection, storage, and release of abandoned property and property removed from public spaces for safekeeping (the “Agreement”); and WHEREAS, ANAHEIM and CONTRACTOR wish to amend the Agreement to increase the compensation payable during the initial term under the Agreement from Four Hundred and Seventy-Five Thousand Dollars ($475,000) to Six Hundred Fifty Thousand Dollars ($650,000), and the full and complete payment for all Services pursuant to the Agreement from Two Million Dollars ($2,000,000) to Three Million Dollars ($3,000,000); and
WHEREAS, aside from the increase in compensation, there is no other change to the Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Paragraph 5.1 of the Agreement is hereby amended to read in full as follows:
5.1 ANAHEIM shall pay CONTRACTOR, for services the Services 2 1
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28 rendered, pursuant to this Agreement, in accordance with the Cost Sheet attached hereto as Exhibit B. During the Initial Term, the maximum compensation payable to CONTRACTOR shall not exceed the sum of Six Hundred Fifty Thousand Dollars ($650,000). The amount of compensation payable in any optional one year renewal term authorized by the City shall be limited to the maximum contract amount for the immediately preceding one year term, plus any increase allowed under Paragraph 3. In addition, it is understood and agreed by the parties that full and complete payment for all Services provided pursuant to this Agreement shall not exceed the sum of Three Million Dollars ($3,000,000).
2. Except as expressly provided to the contrary herein, all provisions of the Agreement shall remain in full force and effect. The Agreement and this First Amendment to Agreement shall hereinafter be collectively referred to as the "Amended Agreement." The Amended Agreement integrates all of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof.
3. CONTRACTOR and its signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this First Amendment to Agreement on behalf of CONTRACTOR and to bind CONTRACTOR hereto.
4. The Effective Date of this First Amendment to Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event that CONTRACTOR fails to set forth a date of execution opposite the name(s) of its signator(s), CONTRACTOR hereby authorizes ANAHEIM, by and through its representative, to insert the date of execution of CONTRACTOR's signator(s) as the date said First Amendment to Agreement, as executed by CONTRACTOR, is received by ANAHEIM.
IN WITNESS WHEREOF, the parties hereto have caused this restated and Amended 3 1
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28 Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM,DATE OF EXECUTION:
DATED: ____________________, 2024
By:
Rick P. Armendariz, Police Chief
LYONS SECURITY SERVICE, INC., a
California corporation
DATE OF EXECUTION:
DATED: ____________________, 2024
By:
______________________
________________________
APPROVED AS TO FORM:
By: __
Kristin A. Pelletier
Chief Assistant City Attorney
Dated:
ATTEST:
By: __
Anaheim City Clerk