AR 040406 Amendment/Kwang Cook and Associates

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3.10.1 Architect's Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, an amount not to exceed One Hundred Fifteen Thousand and no cents ($115,000), ("Total Compensation"). The Total Compensation shall constitute complete and adequate payment for services under this Agreement. "Exhibit A and B. An addition to Exhibit A and Exhibit B will be attached to the original Agreement to reflect the additional scope of services and increase in compensation. 3.2 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Second Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment. 3.3 Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of their respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement. Each party represents and warrants to the other that the Agreement is currently an effective, valid and binding obligation. Consultant represents and warrants to City that, as of the date of this Second Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Second Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 2