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AMENDMENT TO AGREEMENT <br /> THIS SECOND AMENDMENT TO AGREEMENT is entered into as of <br /> November 16, 2009, between MERCHANTS LANDSCAPE SERVICES, INC., a <br /> California corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city <br /> and municipal corporation organized and existing under the Constitution and laws of the <br /> State of California (hereinafter "City"). <br /> RECITALS: <br /> A. The parties entered into Agreement A-2009-053 dated May 18, 2009, by which <br /> Contractor provides certain park and landscape maintenance services at various <br /> locations in the City of Santa Ana. <br /> B. Said Agreement was amended by the parties to include maintenance for El Salvador <br /> Park. The Agreement as amended shall be referred to as "said Agreement". <br /> C. The parties wish to amend the Scope of Services and Compensation as set forth in <br /> said Agreement to include park maintenance services at the Santa Ana Stadium and <br /> Santa Ana Civic Center. <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 /> Second 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, and El Salvador Park, as set forth in City's Request for Proposal 09-006, <br /> dated February 27, 2009, incorporated by reference to this Agreement, the <br /> Specification for Routine Maintenance, attached to said Agreement as Exhibit A, and <br /> Contractor's Proposal dated Apri16, 2009, attached to said Agreement as Exhibit B. <br /> Said maintenance includes the baseball/softball diamond maintenance, which <br /> Contractor has subcontracted to Major League Softball. Commencing December 1, <br /> 2009, Contractor shall perform landscape maintenance for the Santa Ana Stadium and <br /> Civic Center as set forth herein." <br /> <br /> 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br /> following: <br /> "a. The total sum to be expended under this Agreement shall not exceed $722,594 for <br /> landscape maintenance services in the parks, Stadium and Civic Center, plus a <br /> contingency for unanticipated expenses in the amount of $135,645, for a total amount <br /> not to exceed $858,239.00, during the term of this Agreement." <br /> 25A-3 <br /> <br />