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AMENDMENT TO AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into as of October 5, <br />2009, between MERCHANTS LANDSCAPE SERVICES, INC., a California <br />corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State <br />of California (hereinafter "City"). <br />RECITALS: <br />A. The parties entered into Agreement A-2009-053 dated May 18, 2009, (the <br />"Agreement") by which Contractor provides certain park and landscape maintenance <br />services at various locations in the City of Santa Ana. <br />B. The parties wish to amend the Scope of Services and Compensation as set forth in the <br />Agreement to add the Santa Ana Stadium and Santa Ana Civic Center to the <br />Agreement. <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 />1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with <br />the following: <br />"Contractor shall perform landscape maintenance services for Santa Ana Parks, <br />District 2, excluding the Santa Ana Stadium and Civic Center but including EI <br />Salvador Park, as set forth in City's Request for Proposa109-006, dated February 27, <br />2009, incorporated by reference to this Agreement, the Specification for Routine <br />Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated April 6, <br />2009, attached hereto as Exhibit B. Said maintenance includes the baseball/softball <br />diamond maintenance, which Contractor has subcontracted to Major League Softball. <br />Notwithstanding the foregoing, Contractor shall include the Santa Ana Stadium and <br />Civic Center within the services covered by this Agreement for the months of <br />October and November 2009. <br />2. 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 A. The total sum to be expended <br />under this Agreement shall not exceed $535,894, plus a contingency for unanticipated <br />expenses in the $48,369, for a total amount not to exceed $584,263, during the term <br />of this Agreement." <br />25H-3 <br />