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3 AMENDMENT TWO <br /> To <br /> PROFESSIONAL SERVICES AGREEMENT <br /> For . <br /> DESIGN OF THE EVERETT PERFORMING ARTS CENTER <br /> DOWNTOWN PLAZA <br /> With <br /> NAKANO ASSOCIATES, LLC <br /> This AGREEMENT, entered into the day of June 2009, constitutes Amendment <br /> No. 2 to the "Agreement"between the City of Everett,"the City" and Nakano Associates, <br /> LLC herein after called the"Consultant,"entered into on the 8t day of October, 2007 and <br /> amended(Amendment No. 1) on April 23, 2008. <br /> WITHNESSETH: <br /> WHEREAS, Section 8.0 of the Agreement provides for adjustment or modification of the <br /> Agreement by mutual consent of the CITY and the CONSULTANT; and <br /> WHEREAS, the City entered into a professional services agreement with the Consultant <br /> to provide design services for the Eyerett Performing Arts Plaza for the Parks and <br /> Recreation Department; and <br /> WHEREAS, Amendment Number One to that professional services agreement was <br /> entered into to perform additional lighting and electrical design work with an additional <br /> fee; and <br /> WHEREAS, design services was suspended in 2008 and are now required to be re- <br /> initiated and no additional cost; and <br /> WHEREAS, re-initiation of design services will require a no-cost time extension to <br /> complete; and <br /> WHEREAS, the Consultant has subsequently moved the location of its professional <br /> office. <br /> NOW, THEREFORE, the CITY and the CONSULTANT mutually agree as follows: <br /> Section 1 of the Agreement, as amended (Time of Beginning and Completion of <br /> Performance), is modified to change the completion date from May 23, 2009 to <br /> December 31, 2009. <br /> Section 23 of the Agreement, as amended (Notices), is modified to change the notice to <br /> service provider address from Nakano Associates, LLC, 2300 Seventh Avenue, Seattle, <br /> Wa. 98121 to Nakano Associates LLC, 3609 Mt. Baker Boulevard, Seattle, Wa. 98144. <br /> 32 <br />