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FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on January 17, 2012, by and between Master Landscape and Maintenance, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS: A. The parties entered into that certain Agreement A- 2011 -147, dated June 6, 2011, (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District 1. B. The City requires maintenance of parks in District 3, and Contractor has agreed to provide such maintenance through June 30, 2012. C. The parties wish to amend said Agreement to increase the Scope of Services and compensation to include maintenance of the District 3 parks. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 1 and District 3, as set forth in City's Request for Proposal 11 -004 (RFP), dated March 10, 2011, and the maps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively to said Agreement as Exhibits A, A -1 and A -2, and Contractor's Proposal dated April 12 2011, attached to said Agreement as Exhibit B." 2. Section 3.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 Contractor's fee schedule, attached hereto as Exhibit C, and incorporated by reference. The parties agree that Contractor will charge for Specialized Services, Irrigation Specialist at the rate of $41 per hour rather than $85 per hour. The total sum to be expended under said Agreement shall not exceed four hundred ninety-four thousand, two hundred dollars ($494,200.00) during the term of said Agreement. Said total expenditure includes $244,596.00 plus a ten percent (10 %) contingency for unanticipated work required in Park District 1, and $204,676 plus a ten percent (10 %) contingency for unanticipated work required in Park District 3." 25H -5