25C - AGMT - LANDSCAPE MAINTENANCE SRVS

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with a ten percent (10%) contingency of $5,911.30 for unanticipated work required in District 4." Section 4, TERM, shall be deleted in its entirety and replaced with the following: "a. As to District A: this Agreement shall commence on July 1, 2013 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement for maintenance of District A may be renewed for up to two (2) additional one-year terms on the mutual agreement of the parties. b. As to District 4: this Agreement shall commence on July 1, 2013 and terminate on July 30, 2013, unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement for maintenance of District 4 may not be renewed." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Landscape Maintenance Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager MIDORI GARDENS INC. NAGA HAMAMOTO President 25C-4