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THIRD AMENDMENT TO LANDSCAPE <br />AND MAINTENANCE AGREEMENT <br />THIS THIRD AMENDMENT TO LANDSCAPE AND MAINTENANCE <br />AGREEMENT made and entered into this 17`r' day of February, 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, and to amend the <br />Compensation and Term clauses of said Agreement, <br />C. The parties entered a Second Amendment dated January 20, 2015, to amend the <br />Compensation and Tenn clauses of said Agreement on a short -term basis in order to <br />complete the Request for Proposals ( "RFP ") process. <br />D. The City issued an RFP for landscape maintenance services on October 15, 2014. <br />The proposals received were all rejected due to excessive cost estimates. <br />E. The parties now wish to amend the Scope of Services, and the Compensation and <br />Term clauses of said Agreement in order to analyze the situation and district <br />boundaries and complete the Request for Proposals process again. <br />F. The parties are also amending to comply with the new legal requirements of Senate <br />Bill 7. <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 />Third Amendment to Agreement, the parties agree as follows: <br />Section 1, SCOPE OF SERVICES, shall be as stated in said Agreement and any <br />Deviations from the original Scope of Services included in said Agreement for <br />District 4 are set forth in Exhibit A -1, attached' hereto and incorporated herein by <br />reference. <br />2. Section 3. CONIPENSATION, shall be amended and updated to include the <br />following: <br />25A -11 <br />