1 AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND KOSMONT REAL ESTATE SERVICES D/B/A KOSMONT REALTY
This Amendment No. 1 to the Professional Servies Agreement is made and entered into as of June 5, 2024 (“Effective Date”) by and between the City of San Bernardino (“City”) and Kosmont Real Estate Services / DBA Kosmont Realty (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties”.
RECITALS
A. WHEREAS, the City and Consultant have entered into an agreement dated June 21, 2023, for consulting services related to Pre-disposition Real Estate Advisory/Due Diligence Services (the “Original Agreement”).
B. WHEREAS, the Parties now desire to amend the Original Agreement in order to extend the term by twelve months (12), through June 21, 2025.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Term. The Original Agreement is hereby extended for an additional twelve (12) months through June 21, 2025, unless earlier terminated.
3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
2 5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute am original.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the effective date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
KOSMONT REAL ESTATE SERVICES
D/B/A KOSMONT REALTY
APPROVED BY:
Larry J. Kosmont, CRE
Chairman & CEO
ATTESTED BY:
Kelly Aguilar
Secretary