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<br /> <br /> <br /> <br /> <br /> incorporated by reference. The total sum to be expended under said Agreement shall not <br /> exceed One Million, Sixty-Two Thousand, Five Hundred Forty-Four ($1,062,544.00) during <br /> the term of said Agreement. Said total expenditure includes $709,356.00 plus a ten percent <br /> (10%) contingency for unanticipated work required in Park District 4, and $222,252.00 plus a <br /> ten percent (14%) contingency for unanticipated work required in Park District A." <br /> <br /> <br /> 3. Section 4, TERM, shall be deleted in its entirety and replaced with the following: <br /> "This Agreement shall commence on July 1, 2011 and terminate on June 30, 2013, unless <br /> terminated earlier in accordance with Section 13, below. The City may terminate this <br /> Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any <br /> fiscal year covered herein. This Agreement may be renewed for up to three additional one- <br /> year terms on the mutual agreement of the parties. <br /> <br /> <br /> 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br /> full force and effect. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement <br /> on the date and year first written above. <br /> <br /> ATTEST: CITY OF SANTA ANA <br /> <br /> <br /> <br /> MARIA D. HUIZAR PAUL M WALTERS <br /> Clerk of the Council Interim City Manager <br /> <br /> APPROVED AS TO FORM: <br /> <br /> SONIA CARVALHO MIDORI GARDENS <br /> City Attorney <br /> <br /> By: <br /> Laura Sheedy NAGA 14AMAMOTO <br /> Assistant City Attorney President <br /> <br /> <br /> <br /> <br /> <br /> <br /> I <br /> <br /> <br /> <br /> <br /> <br /> <br /> 251-69 <br />