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THIRD AMENDMENT TO <br />LANDSCAPE MAINTENANCE AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into on February 2, <br />2009, by and between Vista Del Verde Landscape dba Bevill Landscape Management <br />("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the <br />State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement #A-2006-020, dated February 6, 2006, <br />(hereinafter "said Agreement") by which Contractor has provided landscape <br />maintenance for certain City parks. <br />B. The Parties agreed to amend said Agreement on March 15, 2007, to include <br />additional sites which are maintained by Contractor. <br />C. The Parties again amended said Agreement on February 4, 2008, to extend the term <br />and increase compensation to pay for services during the extended term. <br />D. In accordance with the terms and conditions of said Agreement, the parties desire to <br />again amend said Agreement, to extend the term for an additional one-year period and <br />increase compensation to pay for services during the extended term. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, as <br />previously amended, and subject to all the terms and conditions of said Agreement, <br />except those amended in this Third Amendment to Agreement, the parties agree as <br />follows: <br />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 B-1, of said Agreement, as <br />amended. Said contract rate for each park shall be increased by an additional <br />three percent (3%) for a total of $162,565 for landscape maintenance services <br />during the term from March 1, 2009 through February 28, 2010. The total sum to <br />be expended pursuant to this Agreement during the extended term, from March 1, <br />2009 through February 28, 2010, shall not exceed $232,565.00, which includes a <br />$70,000 contingency for unanticipated expenses which may arise during the <br />term." <br />2. Section 3, TERM, shall be extended for an additional one-year period, through <br />February 28, 2010. <br />25D-3 <br />