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<br />.- <br /> <br />A-2009-164 <br /> <br />INSURANCE ON FILE <br />WO!'.K MAY PROCEED <br />UNTIL INSURANCE EXPIRES ~ <br />'1-0\ - 2()l ( ) <br />CLERK OF COUNCIL <br />"011: NO\] 2 '* 2009 <br /> <br />FIRST AMENDMENT TO <br />LANDSCAPE AND MAINTENANCE AGREEMENT <br /> <br />J- <br /> <br />THIS FIRST AMENDMENT TO AGREEMENT, is entered into on September <br />21,2009, by and between Vista Del Verde Landscape dba Bevill Landscape Management <br />("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the <br />State of Cali fomi a ("City"). <br /> <br />~4 <br />~~~ <br />,-1) <br />uo- <br /> <br />RECITALS: <br /> <br />A. The parties entered into Agreement #A-2008-260, dated September 2, 2008, <br />(hereinafter "said Agreement") by which Contractor has provided high-level <br />landscape maintenance for the Santa Ana Zoo at Prentice Park, pursuant to specific <br />terms and conditions. <br /> <br />B. The parties now wish to amend said Agreement to extend the term for an additional <br />one-year period and provide the identical compensation to pay for the identical <br />services to be performed during the extended term. <br /> <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 />First Amendment to Agreement, the parties agree as follows: <br /> <br />1. Section 2.a., COMPENSATION shall be amended as of October I, 2009 to read as <br />follows: <br /> <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services during the Extended Term, the rates and charges identified in Exhibit A. <br />The total charged for montWy routine maintenance during any month of the <br />Extended Term shall be $8,560.00. An additional $10,000.00 contingency shall <br />available for unanticipated expenses during the Extended Term, which shall be <br />authorized in writing executed by the Executive Director of Parks, Recreation and <br />Community Services or designated representative. The total sum to be expended <br />under this First Amendment to Agreement shall not exceed $112,720.00 during <br />the Extended Term. <br /> <br />2. Section 3, TERM, shall be extended for an additional one-year period, commencing <br />October 1,2009 and terminating at midnight on September 30, 2010, unless <br />terminated earlier in accordance with Section 12 of the Agreement (herein referred to <br />as the "Extended Term"). <br /> <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />