HomeMy WebLinkAboutAGR-7328.3 - CALIFORNIA WATERS DEVELOPMENT, INC. - MAINTENANCE SERVICES FOR CITY FOUNTAINS - MAINTENANCE SERVICES FOR CITY FOUNTAINS - RFB 21-22.16Docusign Envelope ID:69981 F25-B48F-4ABD-A416-133E351928F2
THIRD AMENDMENT AGR-7328.3
Initial
TO
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MAINTENACE SERVICES AGREEMENT
Maintenance Services for City Fountains (RFB 21-22.16)]
THIS THIRD AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the
Third Amendment") is made and entered into as of March 2 2026, by and between the
CITY OF ORANGE,a municipal corporation("City"),CALIFORNIA WATERS DEVELOPMENT,
INC., a California corporation, doing business as CALIFORNIA WATERS("Contractor"), with
reference to the following:
A. City and Contractor entered into a Maintenance Services Agreement (Agreement No.
7328) dated January 11, 2022, which is incorporated herein by this reference (the "Original
Agreement"); and
B. City and Contractor amended the Original Agreement to increase the compensation by
a First Amendment to Maintenance Services Agreement (Agreement No. 7328.1) dated January 17,
2023 which is incorporated herein by this reference(the"First Amendment"); and
C. City and Contractor amended the Original Agreement to increase the compensation by
a Second Amendment to Maintenance Services Agreement(Agreement No. 7328.2)dated August 22,
2023 which is incorporated herein by this reference(the"Second Amendment"); and
D. City and Contractor desire to further amend the Original Agreement to modify, amend
and supplement certain portions of the Original Agreement by extending the contract terms.
NOW,THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein,all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this Third
Amendment are deemed and construed to refer to the Original Agreement, as implemented by this
Third Amendment.
Section 3. Term. Pursuant to Section 10 of the Original Agreement, the City hereby
extends the Term of this Agreement, commencing on February 28, 2026 and terminating on June 30,
2026.
Section 4. Integration. This Third Amendment amends, as set forth herein, the Original
Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full
force and effect. To the extent that there is any conflict or inconsistency between the terms and
provisions of this Third Amendment and the terms and provisions of the Original Agreement, the
terms and provisions of this Third Amendment shall control and govern the rights and obligations of
the parties.
Docusign Envelope ID:69981 F25-B48F-4ABD-A41 B-133E351928F2
IN WITNESS of this Third Amendment, the parties enter into this Third Amendment on the
year and day first above written.
CONTRACTOR" CITY"
CALIFORNIA WATERS DEVELOPMENT, CITY OF ORANGE, a municipal corporation
INC., a California corporation, doing business
as CALIFORNIA WATERS
oocwion.a by. Signal
By: Pi} ain, By:
Printe awie38"'"Mark Pitman argi't2fl`ildenbrand, City Manager
Title: President
By: ATTEST:
Printed Name:
Title: signed by:
1'amelaLoleman, City Clerk
APPROVED AS TO FORM:
r—Docuelgnod by:
I aiffAtriaburian, City Attorney
NOTE:If CONTRACTOR is a corporation, the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate officer
holds more than one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in
time to the execution of the Agreement, must be provided to the City.
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