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i?~SURANGE t1N E ~i= A-2009-109 <br />,,~^,~K ~rrv PR~EEC <br />u~~ r IL INSURAfNC~ EXPIRES <br />_____~ ~v~ ___.._._.~.__.., <br />CLERK OF COUNCIL <br />Yr ~ "~ ~9 THIRD AMENDMENT TO <br />2~ 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 /> <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 />b City owned property. <br />C; B. By amendment, the parties agreed to adjust rates to compensate for increases in labor and <br /> <br />~ material costs, extend the term of said Agreement and add compensation to pay for services <br />U 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 agee 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-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 />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 />