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THIRD AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
COLANTUONO, HIGHSMITH & WHATLEY, PC
This Third Amendment to Legal Services Agreement (“Third Amendment”) is entered into this effective day of March 28, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”) and Colantuono, Highsmith & Whatley, PC (“Attorney”) ( City and Attorney together, “Parties”).
RECITAL
WHEREAS, Attorney has provided legal services on behalf of the City related to advising the City on local authority regarding gaming operations pursuant to a Legal Services Agreement between City and Attorney effective June 9, 2022 (“Legal Services Agreement”); and WHEREAS, the Legal Services Agreement, in Section 3.1, provides that the Legal Services Agreement shall not exceed $10,000.00 without the expresswritten authorization of the City; and WHEREAS, City and Attorney enteredinto a First Amendment to Legal ServicesAgreement on October 24, 2022 amending Section 3.1 of the Legal Services Agreement to change the not to exceed amount from ten thousanddollars ($10,000.00) to forty thousanddollars ($40,000.00); and WHEREAS, City and Attorney enteredinto a SecondAmendment to Legal ServicesAgreement on January 3, 2023 amending Section 3.1 of the Legal Services Agreement to change the not to exceed amount from forty thousanddollars ($40,000.00) to fifty thousanddollars ($50,000); and WHEREAS, the servicesby Attorney are to include continued assistancein advising the City on local authority regarding gaming operations, which will result in additional costsexceeding $50,000.00.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Section 3.1 of the Legal ServicesAgreement is amendedto changethe not to exceedamount from fifty thousanddollars ($50,000.00) to sixty- five thousanddollars ($65,000.00).
2. Costs that exceeded $50,000.00 that were incurred under the Legal Services Agreement but prior to this Third Amendment areto be covered and compensatedby this Third Amendment.
3. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect.
signature page to follow)
DocuSign Envelope ID: 5909F6A6- 03BC- 44AB- A8EB- 903C90AAB7A1
THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA AND COLANTUONO, HIGHSMITH & WHATLEY, PC
SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this Third Amendment where indicated below, City and Attorney agreethat they have read and understood all terms and conditions of this Third Amendment, that they fully agreeand consent to be bound by same, and that they are freely entering into this Third Amendment asof Effective Date.
CITY OF CHULA VISTA
By: ________________________________________________________ Jill D.S. Maland
Lounsbery FergusonAltona & PeakLLP
Acting City Attorney
ATTORNEY
By: ________________________________________________________ Michael G. Colantuono, President
DocuSign Envelope ID: 5909F6A6- 03BC- 44AB- A8EB- 903C90AAB7A1 for