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3. Section 4, TERM shall deleted in its entirety and replaced with the following: "This Agreement shall commence on July I, 2009 and terminate on June 30, 2011 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The term may be extended for up to three additional one -year terms at the sole discretion of the City." 4. Exhibit A, Subsection 2.C.l.h.) (2) shall be amended to read as follows: "(2) Once per month the Contractor shall overseed with materials as directed by City Staff with at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. 5. Exhibit A, Subsection 2.C. 2. c.) shall be amended to read as follows: c) Fertilization The Contractor shall fertilize all groundcover areas three (3) times per year in March, June & September at two (2) pounds of actual nitrogen per 1,000 square feet using a slow release fertilizer using JTM Nutrients Complete 8 -2 -4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 per square feet. 6. Exhibit A, Subsection 2.C. 3. d.) shall be amended to read as follows: d) Fertilization The Contractor shall fertilize all shrub areas three (3) times per year in March, June & September using JTM Nutrients Complete 8 -2 -4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 square feet. 7. Exhibit A, Subsection 2.C. 15. shall be amended to read as follows: 15. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and provided to the Contractor by the City in writing. Contractor may elect to extend a credit to the City for work not scheduled. The City may use the credit for labor, materials, equipment or subcontracted work. 8. Attachment No. I to the Agreement shall be amended to delete reference to El Salvador Park and numbers of maintained facilities modified accordingly.