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THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
<br /> REDFLEX TRAFFIC SYSTEMS, INC.
<br /> THIS THIRD AMENDMENT (the "Amendment") made and entered into this day of
<br /> 2010, by and between REDFLEX TRAFFIC SYSTEMS, INC., a Delaware
<br /> Corporation, with offices at 23751 N. 23`d Avenue, Suite 150, Phoenix, AZ 85085-1854 (hereinafter referred
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<br /> to as "Redflex"), and the City of Santa Ana, a charter city and municipal corporation duly organized and
<br /> existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as
<br /> "the Parties".
<br /> RECITALS
<br /> A. The parties previously entered into an Agreement between the City of Santa Ana and Redflex
<br /> Traffic Systems, Inc. ,number A-2002-231, dated December 2, 2002 (the "Agreement"), to
<br /> provide automated red light photo enforcement in the City of Santa Ana; and,
<br /> B. The parties mutually agree to amend certain terms of the Agreement, including, among other
<br /> revisions, the term, installation, violation processing, training, compensation, go live and final
<br /> acceptance, insurance, and termination clauses.
<br /> C. The Santa Ana City Council hereby authorizes the Chief of Police to exercise the option to extend
<br /> the term for a one (1) year period upon the expiration of this five (5) year term, and to exercise
<br /> the option to extend the term for a second one (1) year period upon the expiration of the first one
<br /> (1) year extension of said agreement, upon the discretion of the Chief of Police,
<br /> WHEREFORE, in consideration of the mutual and respective covenants and promises contained
<br /> herein, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties agree
<br /> as follows:
<br /> 1. TERM. Paragraph 1 of the Amendment entered into February 4th, 2008, pertaining to the Term in
<br /> Section 1, is amended as follows:
<br /> As of the effective date of this Amendment, the term is extended for five (5) years commencing June
<br /> 18th, 2010. By mutual agreement, the term of this Amendment may be extended by two (2)
<br /> additional consecutive one-year (1) periods following the expiration of the Initial Term (each, a
<br /> "Renewal Term" and collectively with the Initial Term, the "Term"). The City has the right to extend
<br /> by providing written notice to Redflex not less than 30 days prior to the last day of the renewal term.
<br /> Even after termination of the instant contract, either through expiration of the term or invocation of
<br /> the termination clause, Redflex will continue to provide the City with evidence packages and
<br /> prosecutorial support for any violations captured by the red light camera equipment up to the date of
<br /> termination of the contract.
<br /> 2. PARAGRAPH 3 -INSTALLATION is amended as follows:
<br /> With respect to the number of Designated Intersection Approaches mentioned in the first sentence of
<br /> Paragraph 3 -Installations, the number of approaches is modified to include an additional twenty
<br /> (20) approaches for a total of up to forty (40) approaches. The installation of such additional
<br /> approaches, or research of the same by the City, is not required, and is at the sole discretion of the
<br /> City. Redflex will provide site surveys for proposed approaches to the City at no charge at the
<br /> request of the City. All other aspects of this paragraph are to remain unchanged.
<br /> Section J below is now added as follows:
<br /> 25E-3
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