VISTA DEL VERDE LANDSCAPE, INC. DBA BEVILL LANDSCAPE MANAGEMENT - 2009

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INSURANCE ON WORK MAY PROCEEE UNTIL INSURANCE EXPIRE 7 -t -D q CLERK OF COUNCIL �y THIRD AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT A-2009-015 THIS THIRD AMENDMENT TO AGREEMENT is entered into on February 2, 2009, by and between Vista Del Verde Landscape dba Bevill Landscape Management ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-2006-020, dated February 6, 2006, (hereinafter "said Agreement') by which Contractor has provided landscape maintenance for certain City parks. B. The Parties agreed to amend said Agreement on March 15, 2007, to include additional sites which are maintained by Contractor. C. The Parties again amended said Agreement on February 4, 2008, to extend the term and increase compensation to pay for services during the extended term. D. In accordance with the terms and conditions of said Agreement, the parties desire to again amend said Agreement, to extend the term for an additional one-year period and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, as previously amended, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 2.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 Exhibit B-1, of said Agreement, as amended. Said contract rate for each park shall be increased by an additional three percent (3%) for a total of $162,565 for landscape maintenance services during the term from March 1, 2009 through February 28, 2010. The total sum to be expended pursuant to this Agreement during the extended term, from March 1, 2009 through February 28, 2010, shall not exceed $232,565.00, which includes a $70,000 contingency for unanticipated expenses which may arise during the term." 2. Section 3, TERM, shall be extended for an additional one-year period, through February 28, 2010.