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SECOND AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on February 4, 2008, by and between Vista Del Verde Landscape dba Bevill Landscape Management ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-2006-020, dated February 6, 2006, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance for certain City parks. B. In accordance with the terms and conditions of said Agreement, the parties amended the Scope of Services to include services for additional park sites. C. The parties now wish to amend said Agreement to extend the term for an additional one-year period and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B-l, of said Agreement, as amended. Said contract rate for each park shall be increased by six percent (6%) for a total of $157,830 for listed landscape maintenance services during the term from March 1, 2008 through February 28, 2009. The total sum to be expended under this Agreement shall not exceed $227,830.00, which includes a $70,000 contingency, during the term of this Agreement." Section 3, TERM, shall be extended for an additional one-year period, through February 28, 2009. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25G-3