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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES N-2008-071-03 <br />/"A -a 8 - Y / <br />CLERK OF COUNCIL <br />DATE: JUL 13 2015 FIFTH AMENDMENT TO AGREEMENT <br />_ THIS FIFTH AMENDMENT TO RECREATION SERVICES AGREEMENT is made and <br />entered into this 201h day of June, 201 1 by and between Mattie D. White, (hereinafter "Provider"), <br />and the City of Santa Ana, (hereinafter "City"). <br />cccc <br />V RECITALS: <br />cyi ,A <br />1 . The parties entered into Agreement N-2006-059, as amended from time to time, <br />a H (hereinafter the "Agreement") by which Provider has provided Tiny Tot classes for pre- <br />school children in the City's leisure program. <br />2. In accordance with the terms and conditions of said Agreement, the parties wish to revise <br />the Scope of Services and extend the term for an additional one-year period. <br />WHEREFORE, in consideration ofthe covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this Fifth Amendment to <br />Recreation Services Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be amended by substitution of a new Exhibit A, <br />attached hereto and incorporated by reference. <br />2. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following: <br />"In consideration for the City's administration of the program, Provider agrees to pay the City <br />thirty percent (30%) of all gross revenue received from program participants. Provider shall <br />retain seventy percent (701//o) of gross revenue from program participants. Payment by <br />Provider shall be made within thirty (30) days following completion of each class." <br />3. Section 3, TERM, shall be amended to extend the termination date to June 30, 2012. <br />4. Except as herein amended, all terms and conditions of said Agreement shall remain in full <br />force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Recreation <br />Services Agreement on the day and year first set forth above. <br />ATTEST: <br />Maria D. Huizar, Clerk o41the Council <br />APPROVED AS TO FORM: <br />Joseph Straka, Interim City Attorney <br />RECOMMENDED FOR ANAL <br />Gerardo Mouet, Exe. Oirector PRCSA <br />CITY OF SANTA ANA <br />DAVID N. REAM <br />City Manager <br />PROVIIDE�R: <br />ATTIE D. WHITE <br />