MIDORI GARDENS INC. 4F - 2012 - Laserfiche WebLink

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aE? ' 1,4U = A-2011-052-01 1i E ? ;H IMF; ? rx'1C1 FC. JUL 3 i Lii12 SIXTH AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS SIXTH AMENDMENT TO AGREEMENT is entered into on June 30, 2012, by and between Midori Gardens ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: p A. The parties entered into Agreement #A-2006-195, dated August 7, 2006, (hereinafter "Agreement") by which Contractor has provided landscape maintenance in street medians and City owned property. ' B. By amendments dated October 10, 2008, November 6, 2008, July 20, 2009, June 21, 2010, and March 7, 2011, the parties agreed to adjust rates to compensate for increases in labor and material costs, provide for services on additional City properties, extend the term of said Agreement and add compensation to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to provide landscape services for additional properties within the City, and agree to the compensation which will be paid for the additional services during the remaining term of this Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Sixth Amendment to Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be amended to provide that in addition to the median and City property maintenance provided pursuant to said Agreement, as amended, Contractor will provide landscape maintenance services at the Santa Ana Regional Transportation Center ("SARTC") as set forth in Exhibit A-1, attached hereto, and incorporated by this reference. Said maintenance commenced June 30, 2012 and will continue throughout the term of this Agreement. 2. Section 2.a., COMPENSATION, shall be amended to reflect that, although the total not to exceed amount will not change, City shall pay out of its approved contingency fund, a monthly fee of $1,352.00, to pay for landscape maintenance services at the SARTC. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect.