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AMENDMENT THREE <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 August 2010, constitutes <br /> Amendment No. 3 to the"Agreement"between the City of Everett, "the City" and <br /> Nakano Associates, LLC herein after called the"Consultant," entered into on the 8th day <br /> of October, 2007 and amended (Amendment No. 1) on April 23, 2008 and(Amendment <br /> No 2) on June 24, 2009. <br /> WITNES SETH: <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 <br /> CONSULTANT to provide design services for the Everett Performing Arts Plaza for the <br /> Parks and 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, Amendment Number Two to that professional services agreement was <br /> entered into to establish a no-cost time extension to December 31, 2011 to complete all <br /> professional services agreement tasks; and <br /> WHEREAS, design services were suspended in 2008 and 2009; and <br /> WHEREAS, design services have restarted; and <br /> WHEREAS, additional design was required to revise the project's design; and <br /> WHEREAS, additional design work is necessary to complement the Snohomish County <br /> Public Utility District's work to underground utilities as part of the project; and <br /> WHEREAS,the CITY and the CONSULTANT agree that an additional fee is necessary <br /> to perform the work of project re-initiation, additional project design and additional <br /> design work related to utility undergrounding. <br /> 1 <br /> 40 <br />