6.B.(1) First Amendment to Agreement with HOK Sport

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FIRST AMENDMENT TO ADDENDUM AGREEMENT AND LETTER AGREEMENT BETWEEN HOK SPORT AND CITY OF SOUTH BEND This Agreement made as of September l 1, 2009 (`'First Amendment"') between City of South Bend, Department of Redevelopment, acting by and through its South Bend Redevelopment Commission (the ``Owner'), and Populous, Inc. (formerly known as HOK Sport) (the ``Consultanf•). WHEREAS, the Owner and the Consultant entered into an agreement consisting of a Letter Agn-eement dated October 19, 2007, which was supplemented by a Letter Agreement and an Addendum Agreement executed June 13, 2008 (collectively, the ``Agreement'") for the provision of professional services in connection with Concept Planning and Design Services for Stanley Coveleski Stadium; and WHEREAS, the Owner and the Consultant wish to amend the Agreement in the following respects. NOW, THEREFORE, Owner and Consultant agree as follows: 1. All references to HOK Sport or HOK Sport. Inc. ("HOK Sport") shall be changed to Populous, Inc. (the `'Consultant"'). 2. The following items are added as additional scope of work: a. Develop a master plan and establish alternative design options for improvements to the ballpark (the `Project'') which will be used to define a scope of services which shall become the basis of a Professional Services Agreement tendered by the Consultant to the Owner. b. Timeline for completion of added scope shall be no later than four (4) weeks from execution of this First Amendment. 3. The fee for such additional services shall be billed at current hourly rates, not to exceed One Hundred Thousand Dollars ($100,000.00). This fee does not include reimbursable expenses as previously defined. All compensation paid by Owner for this First Amendment will be credited to the fee in the subsequent Professional Services Agreement. 4. Within thirty (30) days from the presentation to the Owner by Consultant of the deliverables defined herein, the Consultant shall tender to the Owner a Professional Services Agreement for the Project which shall be acted upon by the Owner at its next regularly scheduled meeting. 5. Except as above, each and every tens of the Agreement shall remain unchanged and in full force and effect.