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A- 2010 -098 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLE 7 /COUNCIL ngr: 2(o /p HIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into as of this day of414, 2010, between MERCHANTS LANDSCAPE SERVICES, INC., a California corporation (hereinafter "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into Agreement A- 2009 -053 dated May 18, 2009, (the "Agreement ") by which Contractor provides certain park and landscape maintenance services at various locations in the City of Santa Ana, as amended. B. The parties wish to further amend the Scope of Services and Compensation of the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section I, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, excluding the Santa Ana Stadium and Civic Center but including El Salvador Park, as set forth in City's Request for Proposal 09 -006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated April 6, 2009, attached hereto as Exhibit B. Said maintenance includes the baseball /softball diamond maintenance, which Contractor has subcontracted to Major League Softball. Notwithstanding the foregoing, Contractor shall include the Santa Ana Stadium and Civic Center within the services covered by this Agreement for the months of October and November 2009, unless as otherwise amended. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $696,395, plus a contingency for unanticipated expenses in the $59,956, for a total amount not to exceed $756,351, during the term of this Agreement."