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<br />CJ <br />Ge <br />INSURANCE ON 1-LE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />--j-dL-2-0 _.I ( <br />CLERK OF COUNCIL AMENDMENT TO AGREEMENT <br />DATE <br />A-2010-184 <br />OCT 2 7 2 6310 <br />THIS SECOND AMENDMENT TO AGREEMENT, is entered into this 20`x' 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 />RECITALS: <br /> A. The parties entered into Agreement #A-2008-260, dated September 2, 2008, as <br />d <br />d <br />S <br />t <br />b <br />21 <br />2009 b <br />A <br />t # A <br />2009 <br />164 <br />h <br />i <br />ft <br />" <br />id <br /> amen <br />on <br />e <br />ep <br />em <br />er <br />, <br />greemen <br />y <br />- <br />( <br />- <br />ere <br />na <br />er <br />sa <br />" <br /> Agreement <br />) by which Contractor has provided high-level landscape maintenance for the <br /> <br />02 Santa Ana Zoo at Prentice Park, pursuant to specific terms and conditions. <br />C.L <br />4 <br />B. The parties now wish to amend said Agreement to further extend the term for an <br />di additional one-year period and provide the identical compensation to pay for the identical <br />r <br />C? services to be performed during the extended term. <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 />1. Section 2.a., COMPENSATION shall be amended to read as follows: <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 />$124,316, 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 $135316 during the Extended Term. <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 />IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to <br />Agreement on the date and year first written above.