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THIRD AMENDMENT TO AGREEMENT <br /> THIS THIRD AMENDMENT TO AGREEMENT is entered into as of this <br /> <br /> day of , 2010, 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, (the <br /> "Agreement") by which Contractor provides ceztain park and landscape maintenance <br /> services at various locations in the City of Santa Ana, as amended. <br /> B. The parties wish to further amend the Scope of Services and Compensation of 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 El <br /> Salvador Park, as set forth in City's Request for Praposa109-006, dated Febzuary 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, unless as otherwise amended. <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 $696,395, plus a contingency for unanticipated <br /> expenses in the $59,956, for a total amount not to exceed $758,351, during the term <br /> of this Agreement." <br /> I <br /> 25D-5 <br /> <br />