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<br />SECOND AMENDMENT TO <br />LANDSCAPE MAINTENANCE AGREEMENT <br /> <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on October 6, 2008, <br />by and between Midori Gardens ("Contractor") and the City of Santa Ana, a charter city and <br />municipal corporation of the State of California ("City"). <br /> <br />RECITALS: <br /> <br />A. The parties entered into Agreement #A-2006-195, dated August 7, 2006, (hereinafter "said <br />Agreement") by which Contractor has provided landscape maintenance in street medians and <br />City owned property. <br /> <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to adjust the <br />rates and charges for services to compensate for increases in materials and labor costs, and to <br />adjust the term to coincide with the City's budget cycle. <br /> <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this Second Amendment to <br />Agreement, the parties agree as follows: <br /> <br />1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br /> <br />"a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit D, attached to said <br />Agreement. Commencing September 1, 2008, those rates and charges shall be <br />adjusted to the amounts set forth in Exhibit D-1, attached hereto and incorporated <br />by this reference. The total sum to be expended under this Agreement shall not <br />exceed $600,000 for the term from August 1,2008 through June 30, 2009." <br /> <br />2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: <br /> <br />"This Agreement shall commence on August 1, 2006 and continue for a period of <br />thirty-five (35) months. The final term of said Agreement shall run from August <br />31, 2008 through June 30, 2009, unless terminated earlier in accordance with <br />Section 12, below. The term of this Agreement may be extended for two <br />additional one-year terms, at the option of the City. <br /> <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br /> <br />II <br /> <br />II <br /> <br />II <br /> <br />25E-3 <br />