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FOURTH AMENDMENT TO <br /> LANDSCAPE MAINTENANCE AGREEMENT <br /> THIS FOURTH AMENDMENT TO AGREEMENT is entered into on June 21, 2010, by <br /> and between Midori Gardens ("Contractor") and the City of Santa Ana, a charter city and <br /> <br /> municipal corporation of the State of California ("City"). <br /> RECITALS: <br /> A. The parties entered into Agreement #A-2006-195, dated August 7, 2006, (hereinafter "said <br /> Agreement") by which Contractor has provided landscape maintenance in street medians and <br /> City owned property. <br /> B. By amendments dated October 10, 2008, November 6, 2008 and July 20, 2009, the parties <br /> agreed to adjust rates to compensate for increases in labor and material costs, extend the term <br /> of said Agreement and add compensation to pay for services during the extended term. <br /> C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the <br /> Scope of Services to provide landscape services for additional properties within the City, <br /> extend the term and add compensation to pay for services during the additional one-year <br /> term. <br /> WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br /> the terms and conditions of said Agreement, except those amended in this Fourth Amendment to <br /> Agreement, the parties agree as follows: <br /> 1. Section 1, SCOPE OF SERVICES, shall be amended to include additional sites agreed <br /> between Contractor and City since the commencement of said Agreement. Additional <br /> maintenance sites maybe included in the monthly maintenance schedules as agreed by the <br /> Executive Director of Public Works, or his designee, and Contractor. <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 D-l, attached hereto and <br /> incorporated by reference. The total sum to be expended under this Agreement <br /> shall not exceed $850,000 for the term from July 1, 2010 through June 30, 201 l." <br /> 3. Section 3, TERM, shall be deleted in its entirety and replaced with the following: <br /> "This Agreement shall commence on August 1, 2006 and continue through June <br /> 30, 2011, unless terminated earlier in accordance with Section 12, below." <br /> 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br /> full force and effect. <br /> 25H-3 <br /> <br />