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THIRD AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 20, 2009, by and between Midori Gardens ("Contractor") 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-2006-195, dated August 7, 2006, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance in street medians and City owned property. B. By amendment, the parties agreed to adjust rates to compensate for increases in labor and material costs, extend the term of said Agreement and add compensation to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term and add compensation to pay for 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 Third Amendment to Agreement, the parties agree as follows: l . Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit D-1, attached hereto and incorporated by this reference. The total sum to be expended under this Agreement shall not exceed $650,000 for the term from July 1, 2009 through June 30, 2010." 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: ``This Agreement shall commence on August 1, 2006 and continue through June 30, 2010, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for an additional one-year period, at the option of the City. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // // 25A-3