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FIRST AMENDMENT TO <br />LANDSCAPE AND MAINTENANCE AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT, is entered into on September <br />21, 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-2008-260, dated September 2, 2008, <br />(hereinafter "said Agreement") by which Contractor has provided high-level <br />landscape maintenance for the Santa Ana Zoo at Prentice Park, pursuant to specific <br />terms and conditions. <br />B. The parties now wish to amend said Agreement to extend the term for an additional <br />one-year period and provide the identical compensation to pay for the identical <br />services to be performed during the extended term. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />First Amendment to Agreement, the parties agree as follows: <br />Section 2.a., COMPENSATION shall be amended as of October 1, 2009 to read as <br />follows: <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services during the Extended Term, the rates and charges identified in Exhibit A. <br />The total charged for monthly routine maintenance during any month of the <br />Extended Term shall be $8,560.00. An additional $10,000.00 contingency shall <br />available for unanticipated expenses during the Extended Term, which shall be <br />authorized in writing executed by the Executive Director of Parks, Recreation and <br />Community Services or designated representative. The total sum to be expended <br />under this First Amendment to Agreement shall not exceed $112,720.00 during <br />the Extended Term. <br />2. Section 3, TERM, shall be extended for an additional one-year period, commencing <br />October 1, 2009 and terminating at midnight on September 30, 2010, unless <br />terminated earlier in accordance with Section 12 of the Agreement (herein referred to <br />as the "Extended Term"). <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />25E-3 <br />