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AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT THIS AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT made and entered into this 201x' day of January, 2015, by and between Landscape West Management Services, Inc., a California corporation dba Palo Verde Landscape Management Co. ( "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 that certain Landscape and Maintenance Agreement A -2014- 014, dated January 6, 2014 (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks, District 1 covering eight (8) City properties, B. The parties desire to amend the Compensation and Tenn clauses of said Agreement on a short -term basis in order to complete the Request for Proposals process. 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 Second Amendment to Agreement, the parties agree as follows: 1, Section 3. COMPENSATION, shall be amended and updated to include the following; "c. City agrees to pay, and Contractor agrees to accept as total payment for its services a base fee of $21,584.00 per month. The total sum to be expended under this Amendment for the landscape services shall not exceed Twenty Three Thousand Seven Hundred Forty Two Dollars ($23,742.00), which includes a ten percent (10 %) contingency of $2,158,00 for unanticipated work needed in District 1, through February 28, 2015. 2. Section 4, TERM, shall be amended as follows: "The Term of this Agreement shall terminate on February 28, 2015, unless terminated earlier in accordance with Section 13, below." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25B -3