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INSURANCE ON FILE WORK MAY PROCEED UNTILL INSURANCE EXPIRE$ CLERK OF COUNCIL DATE: rJ -2:5:, v 1 i THIRD AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT A- 2013 - 102 -01 THIS THIRD AMENDMENT'T"O AGREEMENT is entered into on July 1, 2014, by and between Midori Gardens, Inc„ a California corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and haws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement ( #A- 2011 -151) dated June 6, 2011, (hereinafter "said Agreement ") by which Contractor has provided landscape maintenance services for City properties located in Santa Ana's District A (Civic Center). B. Contractor had been performing landscape maintenance for District 4 pursuant to the terms of the First Amendment to Agreement ( #A- 2012 -114) dated June 4, 2012, while the City sought competitive bids to provide those services for an extended tern, C. The parties entered into the Second Amendment to Agreement ( #A- 2013 -102) dated July 1, 2013. Contractor continued to provide maintenance for District 4 through June 30, 2013, but pursuant to this Third Amendment will no longer be providing landscape maintenance for District 4, D. On March 18, 2014, the Santa Ana City Council authorized the City Manager to exercise the options to renew as provided for in said Agreement. E, The parties wish to amend said Agreement to extend the term of said Agreement as to District A for one year, to remove District 4 from the scope of services, and to provide compensation for such services provided during this extended tern, WHEREFORE, in consideration of the covenants contained in said Agreement as amended, and subject to all the teens and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVCIES, shall be amended to delete any reference to the performance of landscape maintenance services in District 4, as defined in City's Request for Proposal 11 -004 (RFP), dated March 10, 2011, and the maps included therein. Contractor shall continue to provide landscape maintenance services in Santa Ana Parks District A, but shall not provide any landscape maintenance services in District 4. 2. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a, City agrees to pay and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit C, and incorporated by reference. (i) The total sum to be expended under said Agreement for District A shall not exceed Two Hundred Fifty -Three Thousand Three Hundred Sixty -Seven Dollars and Twenty Eight Cents ($253,367.28) during the one year extended term of the Agreement, Said total expenditure includes Two Hundred Twenty -Two Thousand Two Hundred Fifty-