FOURTH AMENDMENT TO
AGREEMENT FOR SERVICES
by and between the
CITY OF CATHEDRAL CITY
and
TERRA NOVA PLANNING & RESEARCH, INC.
Dated June 25, 2025
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FOURTH AMENDMENT TO AGREEMENT FOR SERVICES
This Fourth Amendment to Agreement for Services (“Fourth Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF CATHEDRAL CITY, a California charter city (“City”), and TERRA NOVA PLANNING & RESEARCH, INC., a California corporation (“Contractor”), as follows:
RECITALS
A. City and Contractor entered in an Agreement for Services, dated February 28, 2024 (“Agreement”). The Agreement provides that Contractor will perform specified land use applications review, processing, and analysis services.
B. Section 2 of the Agreement provides for the Scope of Services and Schedule of Performance of the services.
C. A First Amendment, dated October 21, 2024, amended Section 2 Scope of Services & Schedule of Performance, increasing Contractor staff time for project evaluation and analysis and Section 4 of the Agreement relating to the total compensation under the Agreement.
D. A Second Amendment, dated January 23, 2025, amended the Scope of Services & Schedule of Performance, increasing Contractor staff time for project evaluation and analysis.
E. A Third Amendment, dated March 6, 2025, amended the Scope of Services & Schedule of Performance and increases Contractor staff time for project evaluation and analysis and Section 4 of the Agreement relating to the total compensation under the Agreement
F. This Fourth Amendment, dated June 25, 2025, amends the Scope of Services & Schedule of Performance and increases Contractor staff time for project evaluation and analysis and Section 4 of the Agreement relating to the total compensation under the Agreement.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 The Agreement shall be amended by appending Attachment 1 to this Fourth Amendment as Exhibit “G” to the Agreement.
1.2 Section 2 of the Agreement is hereby amended to read as follows:
“Contractor agrees to perform the services set forth in Exhibit “A” “Scope of -3-
Services” and the scope of work set forth in Exhibit “D”, Exhibit “E”, Exhibit “F”, and Exhibit “G” (hereinafter, collectively, the “Services”) and made a part of this Agreement by this reference. The Services shall be completed pursuant to the schedule specified in Exhibit “A” and the Period of Performance specified in Exhibit “D”, Exhibit “E,” Exhibit “F”, and Exhibit G, respectively. Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.”
1.3 Section 4, subdivision (a) of the Agreement is hereby amended to read as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and the amounts specified under “Authorized Funding” specified in Exhibit “G” and each such Exhibits made a part of this Agreement by this reference.
The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Eighty Thousand Two Hundred and Seventy and 00/100 Dollars ($480,270.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
2.GENERAL PROVISIONS
2.1Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
2.2Electronic Signature. The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this First Amendment.
Any use of electronic signatures to execute this First Amendment shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this First Amendment were executed by hand. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.
2.3Effective Date. This Fourth Amendment shall not become effective -4-
until the date it has been executed by the appropriate authorities of the City and Contractor.
2.4Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
2.5References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
CITY SIGNATURE PAGE
CITY
CITY OF CATHEDRAL CITY
ATTEST:
Tracey R. Hermosillo
City Clerk
APPROVED AS TO FORM
Eric S. Vail
City Attorney
By:
Charles McClendon
City Manager
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CONTRACTOR SIGNATURE PAGE
CONTRACTOR
TERRA NOVA PLANNING AND RESEARCH, INC.
By:
Name: John D. Criste
Title: President
ATTACHMENT 1
[EXHIBIT G” TO AGREEMENT]