Attachment 2
FIRST AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES FOR
CITY TRAILS
This First Amendment to the Agreement for Maintenance Services for City Trails (this “First Amendment”) is made and entered into on this 1st day of July, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Real Estate Consulting & Services, Inc., a California corporation with its principal place of business located at 18345 Pasadena Street, Lake Elsinore, California 92530 (“Contractor”).
R E C I T A L S:
City and Contractor entered into that certain Agreement for Maintenance Services for City Trails (the “Agreement”) on or about June 7, 2022.
Section 3.1.2 of the Agreement specifies an initial term of July 1, 2022 through June 30, 2025, with the City’s unilateral option to extend the Agreement term by up to two (2) one-year extensions.
City and Contractor desire to amend the Agreement to exercise the first one-year term extension to provide for City Trails maintenance services from July 1, 2025 to June 30, 2026.
Exhibit B of the Agreement (Schedule of Maintenance Services, Contractor's Bid Proposal) specifies the Total Per Year Cost of $137,000.04 for the first one-year term extension.
City and Contractor desire to amend the Agreement to increase the total per year base cost from $119,000.00 for the initial term to $137,000.04 for the first one-year term extension of July 1, 2025 through June 30, 2026 with $18,000 in supplemental services, for a total not to exceed contract cost of $155,000.
City and Contractor desire to amend the Agreement in the manner provided herein.
Covenants
The Parties agree as follows:
Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby deleted and replaced in its entirety with the following:
3.1.2 Term.
The term of the Agreement shall be from July 1, 2022 and shall continue and remain in effect until June 30, 2026, unless terminated earlier as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year extension. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby deleted and replaced in its entirety with the following:
3.3.1 Compensation.
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Contractor's Bid Proposal Form in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2025 shall not exceed Five Hundred Seven Thousand DOLLARS and Zero CENTS ($507,000.00), which includes an annual supplement of Fifty Thousand DOLLARS and Zero CENTS ($50,000.00), without written approval of City’s City Council. The total compensation for the First Amendment to the Agreement, exercising the first one-year term extension from July 1, 2025 through June 30, 2026, shall not exceed One Hundred Fifty-Five Thousand DOLLARS and Zero CENTS ($155,000.00), which includes an annual supplement of Eighteen Thousand DOLLARS and Zero CENTS ($18,000.00), without prior written approval of City Council or City Manager, as appropriate. Extra Work may be previously authorized in writing, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures, effective as of the date first written above.
CITY OF SAN CLEMENTE
By: ________________________________
Andy Hall, City Manager
Dated: __________________, 2025
ATTEST:
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
REAL ESTATE CONSULTING & SERVICES, INC.,
a California Corporation
(“CONTRACTOR”)
By:
Jeffery Allen Coss, CEO/CFO/Secretary
Dated: _________________, 2025
Exhibit “B”
BID Proposal form
(Included on the following pages)
4923-9551-1634 v2 2 of 3 08/11/25
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