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<br />incorporated by reference. The total sum to be expended under said Agreement shall not <br />exceed One Million, Sixty-Two Thousand, Five Hundred Forty-Four ($1,062,544.00) during <br />the term of said Agreement. Said total expenditure includes $709,356.00 plus a ten percent <br />(10%) contingency for unanticipated work required in Park District 4, and $222,252.00 plus a <br />ten percent (14%) contingency for unanticipated work required in Park District A." <br />3. Section 4, TERM, shall be deleted in its entirety and replaced with the following: <br />"This Agreement shall commence on July 1, 2011 and terminate on June 30, 2013, unless <br />terminated earlier in accordance with Section 13, below. The City may terminate this <br />Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any <br />fiscal year covered herein. This Agreement may be renewed for up to three additional one- <br />year terms on the mutual agreement of the parties. <br />4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement <br />on the date and year first written above. <br />ATTEST: <br />11,41 <br />ar. <br />r <br />MARIA D. HUIZAR <br />Clerk of the Council <br />CITY OF SANTA ANA <br />1 <br />PAUL M WALTERS <br />Interim City Manager <br />APPROVED AS TO FORM: <br />SONIA CARVALHO <br />City Attorney <br />By: r\ c? t <br />Laura Sheedy <br />Assistant City Attorney <br />MIDORI GARDENS