25C - AGMT - GRAFFITI REMOVAL SRVS

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THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on February 4, 2014, by and between Graffiti Protective Coatings, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2011 -028, dated February 7, 2011, (hereinafter "said Agreement') by which Contractor has provided graffiti removal services. B. The Parties extended the term of said Agreement by Amendment A- 2012 -040, dated March 6, 2012; and A- 2013 -027, dated February 4, 2013. C. In accordance with the terms and conditions of said Agreement, the parties wish to exercise the third option to extend, and provide compensation during the extended term. 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 Third Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to add $600,000.00, annually, to pay for graffiti removal services during the term, from March 1, 2014 through February 28, 2015. Said compensation shall be paid at the rates and charges set forth in Exhibit B to said Agreement. 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on March 1, 2011 and terminate on February 28, 2015, unless terminated earlier in accordance with Section 12, below. The contract may be extended on the written authority of the City Manager, for one (1) additional one -year period. Any such extension shall be subject to the same terms and conditions contained in this Agreement." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. r .