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INSURANCE ON Fll <br />WORK MAY PROCEECi <br />UNTI INSURANCE FXPIRF <br />CLERK OF COUNCIL qqnnp <br />+14TF ~OV ~ ~ LYUq <br />YU9 <br />1 <br />SECOND AMENDMENT TO <br />LANDSCAPE MAINTENANCE AGREEMENT <br />A-2008-272 <br />0 2~~' THIS SECOND AMENDMENT TO AGREEMENT is entered into on October 6, 2008, <br />-~-~ ~y ~ 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 />RECITALS: <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 />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 />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 />1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <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 October 1, 2008, those rates and charges shall be <br />adjusted to the amounts set forth in Exhibit D-l, attached hereto and incorporated <br />by this reference. The total surn to be expended under this Agreement shall not <br />exceed $600,000 for the term from August 1, 2008 through June 30, 2009." <br />2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: <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 />3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />// <br />// <br />// <br />