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<br /> <br /> <br /> <br /> <br /> AMENDMENT TO AGREEMENT <br /> <br /> THIS SECOND AMENDMENT TO AGREEMENT, is entered into this 20cn day <br /> of September, 2010, by and between Vista Del Verde Landscape Inc. dba Bevill <br /> Landscape Management ("Contractor") and the City of Santa Ana, a charter city and <br /> municipal corporation of the State of California ("City"). <br /> <br /> RECITALS: <br /> <br /> A. The parties entered into Agreement #A-2008-260, dated September 2, 2008, as <br /> amended on September 21, 2009 by Agreement # A-2009-164 (hereinafter "said <br /> Agreement") by which Contractor has provided high-level landscape maintenance for the <br /> Santa Ana Zoo at Prentice Park, pursuant to specific terms and conditions. <br /> <br /> B. The parties now wish to amend said Agreement to further extend the term for an <br /> additional one-year period and provide the identical compensation to pay for the identical <br /> services to be performed during the extended term. <br /> <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 /> <br /> 1. Section 2.a., COMPENSATION shall be amended to read as follows: <br /> <br /> a. City agrees to pay, and Contractor agrees to accept as total payment for its <br /> services during the Extended Term, the rates and charges identified in Exhibit A. <br /> The total charged for monthly routine maintenance during the Extended Term shall be <br /> $125,316, payable monthly. An additional $10,000.00 contingency shall available for <br /> unanticipated expenses during the Extended Term, which shall be authorized in writing <br /> executed by the Executive Director of Parks, Recreation and Community Services or <br /> designated representative. The scope of services shall include maintenance of the Tierra <br /> Del Pampas exhibit. The total sum to be expended under this Second Amendment to <br /> Agreement shall not exceed $135,316 during the Extended Term. <br /> <br /> 2. Section 3, TERM, shall be extended for an additional one-year period, terminating at <br /> midnight on September 30, 2011, unless terminated earlier in accordance with Section 12 <br /> of the Agreement (herein referred to as the "Extended Term"). <br /> 3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br /> remain in full force and effect. <br /> <br /> <br /> IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to <br /> Agreement on the date and year first written above. <br /> <br /> <br /> <br /> <br /> <br /> <br /> 25B-3 <br />