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<br />WORK MP r A- 2010 -103
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<br />CLERK C F CC
<br />neTF ,jUL nit FOURTH AMENDMENT TO
<br />LANDSCAPE MAINTENANCE AGREEMENT
<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 may be 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 -1, 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, 2011."
<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 />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
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<br />municipal corporation of the State of California ( "City").
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<br />RECITALS:
<br />A. The parties entered into Agreement #A- 2006 -195, dated August 7, 2006, (hereinafter "said
<br />,..
<br />Agreement ") by which Contractor has provided landscape maintenance in street medians and
<br />City owned property.
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<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
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<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 may be 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 -1, 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, 2011."
<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.
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