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THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on October 4, 201 O, by and between Johnson Controls, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement N- 2008 -004 dated November 26, 2007, (hereinafter "said Agreement ") by which Contractor has provided HVAC maintenance and repair services. B. Said Agreement has twice been amended to extend the term and add compensation. C. Due to unexpected repairs required pursuant to said Agreement, and in accordance with the terms and conditions of said Agreement, the parties wish to add compensation to pay for services during the current term of said 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 Third Amendment to Agreement, the parties agree as follows: 1 . Section 2.a., COMPENSATION, shall be amended to provide that due to the unexpected repair of the air conditioning unit at Fire Station 5, compensation will be increased $7,000, -for a total not to exceed amount of $32,000.00 during the term commencing November 27, 2009 and terminating November 26, 2010. 2. Except at herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Contractor Agreement on the date and year first written above. ATTEST: MARIA R. HUIZAR Clerk of the Council APPROVED AS TO FORM: CITY OF SANTA ANA DAVID N. REAM City Manager JOSEPH W. FLETCHER JOHNSON CONTROLS City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ Executive Director - FMSA 25B -3 (NAME) (Title)