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<br /> <br /> <br /> <br /> <br /> FIRST AMENDMENT TO AGREEMENT <br /> <br /> THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 4, 2012, by and <br /> between Midori Gardens, a California corporation ("Contractor") and the City of Santa Ana, a <br /> charter city and municipal corporation organized and existing under the Constitution and laws of <br /> the State of California ("City"). <br /> RECITALS: <br /> <br /> A. The parties entered into that certain Agreement A-2011-151, dated June 6, 2011, (hereinafter <br /> "said Agreement") by which Contractor has provided park landscape maintenance services <br /> for Santa Ana Parks District A. <br /> <br /> B. The City requires maintenance of parks in District 4 while it seeks competitive bids to <br /> provide those services for an extended term, and Contractor has agreed to provide such <br /> maintenance through June 30, 2013. <br /> C. The parties wish to amend said Agreement to increase the Scope of Services to include an <br /> additional park district, extend the term and provide compensation for services provided <br /> during the extended term. <br /> <br /> WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br /> the terms and conditions of said Agreement, except those amended in this First Amendment to <br /> Agreement, the parties agree as follows: <br /> <br /> 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the <br /> following: <br /> <br /> "Contractor shall perform landscape maintenance services for Santa Ana Parks, District A, <br /> and District 4, as set forth in City's Request for Proposal 11-004 (RFP), dated March 10, <br /> 2011, and the maps included therein. However, Contractor will not be responsible under this <br /> Agreement for providing landscape maintenance services to the Santa Ana Regional <br /> Transportation Center ("SARTC"). Said RFP is on file at the Parks, Recreation and <br /> Community Services administrative offices, and incorporated to this Agreement by reference. <br /> Contractor shall specifically comply with the Specification for Routine Maintenance, as <br /> amended by Addendum 1 and Addendum 2, attached respectively to said Agreement as <br /> Exhibits A, A-1 and A-2, and Contractor's Proposal dated April 12 2011, attached to said <br /> Agreement as Exhibit B. <br /> The parties acknowledge that Contractor holds a contract to provide median landscape and <br /> SARTC landscape maintenance services which is managed by the Santa Ana Public Works <br /> Agency. Contractor agrees that it will provide the Park Landscape Maintenance services that <br /> are the subject of this Agreement utilizing supervisors and staff which are separate and <br /> independent of staff utilized in the median maintenance services." <br /> 2. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br /> following: <br /> <br /> "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the <br /> rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit C, and <br /> <br /> <br /> <br /> 251-68 <br />