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THIRD AMENDMENT TO <br />LANDSCAPE MAINTENANCE AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 20, 2009, by <br />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. By amendment, the parties agreed to adjust rates to compensate for increases in labor and <br />material costs, extend the term of said Agreement and add compensation to pay for services <br />during the extended term. <br />C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the <br />term and add compensation to pay for services during the extended term. <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 Third Amendment to <br />Agreement, the parties agree as follows: <br />l . 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-1, attached hereto and <br />incorporated by this reference. The total sum to be expended under this <br />Agreement shall not exceed $650,000 for the term from July 1, 2009 through June <br />30, 2010." <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 through June <br />30, 2010, unless terminated earlier in accordance with Section 12, below. The <br />term of this Agreement may be extended for an additional one-year period, at the <br />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 />25A-3 <br />