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SECOND AMENDMENT TO LANDSCAPE <br />AND MAIN'T'ENANCE AGREEMENT <br />THIS SECOND AMENDMENT TO LANDSCAPE AND MAINTENANCE <br />AGREEMENT made and entered into this 20 "' day of January, 2015, by and between <br />Mariposa landscapes, Inc., a California corporation ( "Contractor ") and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"), <br />RECITALS: <br />A. The parties entered into that certain Landscape and Maintenance Agreement A -2014- <br />015, dated January 6, 2014 (hereinafter "said Agreement ") by which Contractor has <br />provided park landscape maintenance services for Santa Ana Parks, District 3 <br />covering eleven (11) City properties. <br />B. The parties amended said Agreement on October 21, 1014 to add District 4 to the <br />Scope of Work and properties for Contractor to maintain. <br />C. The parties now wish to amend the Compensation and Term clauses of said <br />Agreement on a short-term basis in order to complete the Request for Proposals <br />process, <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Second Amendment to Agreement, the parties agree as follows: <br />I. Section 3. COMPENSATION, shall be amended and updated to include the <br />following; <br />"c. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services covering District 4, a base fee of $65,274.00 per month plus a ten percent <br />(10 %) contingency of $6,527.00 for unanticipated work needed in District 4, through <br />February 28, 2015, The total sum to be expended under this Amendment for the <br />services at District 4 shall not exceed $71,801.00 for the additional month. <br />2. Section 4, TERM, shall be amended to include the following pertaining to District 4 <br />services; <br />"The Term of this Agreement with regard to District 4 only, shall commence on <br />November 16, 2014 and terminate on February 28, 2015, unless terminated earlier in <br />accordance with Section 13, below." <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />25B -5 <br />