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THIRD AMENDMENT TO AGREEMENT TO <br />PROVIDE SMALL BATTERY RECYCLING <br />THIS THIRD AMENDMENT to the above -referenced agreement is entered into on May 15, 2018 <br />by and between WM Curbside, LLC ("Contractor"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The parties entered into Agreement No. N-2007-086, dated July 1, 2007, by which <br />Contractor has provided battery removal and recycling services for City residents. The <br />original term of the Agreement was from July 1, 2007 until June 30, 2009. <br />B. In the original Agreement, Contractor was referred to as Curbside, Inc. but is now known <br />as WM Curbside, LLC. <br />C. On September 1, 2009, the parties entered into First Amendment to Agreement No. N- <br />2007-086-001 to extend the term of the Agreement through the expenditure of allocated <br />funds. <br />D. On May 4, 2016, the parties entered into Second Amendment No. A-2016-103 to adjust <br />the compensation and further extend the term of the Agreement. The Agreement remains <br />in effect through June 30, 2018. <br />E. The parties now wish to extend the Agreement through June 30, 2020, subject to a one- <br />year extension. <br />The Parties therefore agree: <br />Section 3, Term, is amended to extend the term of the Agreement for an additional two (2) <br />year period through June 30, 2020. The term may be further extended for one (1) year upon <br />mutual agreement by the parties. <br />2. Except as modified by this Third Amendment, and all prior amendments, all terms and <br />conditions of the Agreement shall remain in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the <br />Agreement on the date and year first written above. <br />ATTEST <br />MARIA D. HUIZAR <br />Clerk of the Council <br />N 5 <br />CITY OF SANTA ANA <br />RAUL GODINEZ R <br />City Manager <br />