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FOURTH AMENDMENT TO AGREEMENT
<br />THIS FOURTH AMENDMENT TO AGREEMENT is entered into on February 22,
<br />2011, by and between Master Landscape & Maintenance, Inc., a California corporation
<br />( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and
<br />existing under the Constitution and laws of the State of California ( "City ").
<br />RECITALS:
<br />A. The parties entered into that certain Agreement A- 2007 -140, dated June 18, 2007,
<br />(hereinafter "said Agreement ") by which Contractor has provided park landscape
<br />maintenance services.
<br />B. Said Agreement has been amended by the parties on October 19, 2007, June 8, 2009 and July
<br />1, 2010, to amend the scope of services and extend the term of said maintenance.
<br />C. In order to provide uninterrupted park maintenance services at additional park sites and
<br />public facilities within the city, the parties wish to amend the Scope of Services, add
<br />compensation to pay for the additional services and provide for an extension of the term of
<br />said Agreement to allow City the ability to complete the bid process for landscape
<br />maintenance services.
<br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
<br />the terms and conditions of said Agreement, except those amended in this Fourth Amendment to
<br />Agreement, the parties agree as follows:
<br />1. Section 1, SCOPE OF SERVICES, shall be amended to add a new the following:
<br />"a. Contractor shall perform landscape maintenance services for Santa Ana Parks,
<br />District 4, as set forth in City's Request for Proposal 07 -031, dated April 19, 2007,
<br />incorporated by reference to said Agreement, the Specification for Routine
<br />Maintenance, attached to said Agreement as Exhibit A, as amended by the Third
<br />Amendment to Agreement dated July 1, 2010; and Contractor's Proposal dated May
<br />21, 2007, attached to said Agreement as Exhibit B. Said maintenance includes the
<br />baseball /softball diamond maintenance, which Contractor has subcontracted to Major
<br />League Softball.
<br />b. Contractor shall provide landscape maintenance for City parks and facilities
<br />located within District 3, as set forth in Exhibit A -1, in conformance with the
<br />specifications set forth in Exhibit A -2. Both exhibits are attached hereto and
<br />incorporated by reference."
<br />2. Section 2, COMPENSATION, shall be amended to increase compensation by $113,231.00,
<br />to pay for District 3 maintenance services at a monthly rate of $36,077.00 plus a contingency
<br />of $5,000.00 for unanticipated work which may be required during the extended term. If the
<br />term of said Agreement extends beyond June 30, 2011, as provided in Section 3, below,
<br />compensation shall be amended to provide an additional $76,959.00 ($36,077.00 for
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