RDA Agmt 2009 Bay Area Homebuyer Agency

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FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT This First Amendment to Consulting Services Agreement, dated as of April 10, 2009 ("Amendment"), by and between the Redevelopment Agency of the City of San Leandro, a public body, corporate and politic ("Agency") and Bay Area Homebuyer Agency ("Consultant" and, together with Agency, the "Parties"), amends that certain Consultant Services Agreement, dated July 1, 2008 ("Agreement"), between the Parties. WHEREAS, the Agency and the Consultant have heretofore executed the Agreement, pursuant to which Consultant has provided certain consultant services to Agency with regard to financial issues for residential real estate projects; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, Agency and Consultant hereby agree to amend the Agreement as follows: Section 2. COMPENSATION. Agency hereby agrees to pay Consultant an amount not to exceed 47 100 for all work set forth in Exhibit A and all reimbursable expenses incurred in performing the work. In the event of a conflict between this Agreement and Consultant's proposal regarding the amount of compensation, the Agreement shall prevail. Agency shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from Agency to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Agency in the manner specified herein. Except as specifically authorized by Agency, Consultant shall not bill Agency for duplicate services performed by more than one person. Consultant and Agency acknowledge and agree that compensation paid by Agency to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. Agency therefore has no responsibility for such contributions beyond compensation required under this Agreement. Section 2.6 Reimbursable Expenses. Reimbursable expenses shall be $0.00. All expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. Exhibit A, Scope of Services, and Exhibit B, Compensation (see attached). All other terms shall remain in full force and effect. WHEREFORE, the Parties have executed this on or as of the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO Stephen L. Hollister, Executive Director 1012711-1