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AMENDMENT TO AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into this 6`n day of <br />September, 2011, by and between Vista Del Verde Landscape Inc. dba Bevill Landscape <br />Management ("Contractor") and the City of Santa Ana, a charter city and municipal <br />corporation of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement 4A-2008-260, dated September 2, 2008, as <br />amended on September 21, 2009 by Agreement # A-2009-164 and again on <br />September 20, 2010 by Agreement #A-2010-184 (hereinafter "said Agreement") by <br />which Contractor has provided landscape maintenance for the Santa Ana Zoo at <br />Prentice Park, pursuant to specific terms and conditions. <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 compensation to pay for the services to be <br />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 />Third Amendment to Agreement, the parties agree as follows: <br />1. Section 2.a., COMPENSATION shall be amended to add $135,316 to pay for <br />services during the extended term. Said Section shall read in full 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 />to said Agreement. The total charged for monthly routine maintenance during the <br />Extended Term shall be $10,443.00, payable monthly. An additional $10,000.00 <br />contingency shall available for unanticipated expenses during the Extended Term. <br />Said services may be authorized in writing executed by the Executive Director of <br />Parks, Recreation and Community Services or designated representative. The <br />scope of services shall include maintenance of the Tierra Del Pampas exhibit. The <br />total sum to be expended under this Third Amendment to Agreement shall not <br />exceed $135,316 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, 2012, unless terminated earlier in accordance with <br />Section 12 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 />25B-3