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FIRST AMENDMENT TO AGREEMENT FOR TREASURY SERVICES THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 7, 2008, by and between BANK OF AMERICA, N.A. ("Bank") 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-2005-193, dated July 1, 2005, (hereinafter "said Agreement") by which Bank has provided bank depository services for City. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional two-year period and increase Compensation to pay for depository 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 First Amendment to Agreement, the parties agree as follows: 1. City hereby elects to exercise its option to extend the term of said Agreement for an additional two-year period, through June 30, 2010. 2. Bank and City agree that during the extended term of said Agreement, Bank will charge fees for its services as set forth in the Schedule of Fees, attached hereto as Exhibit A, and incorporated by this reference. Total depository fees charged by Bank shall not exceed $100,000.00, annually, during the extended term of said Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: ,, / r '~'~J`OSEPH W. FLETCHE City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager BANK OF AMERICA, N.A. (NAME) (Title) 25X-2