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CITY OF SUNNY ISLES BEACH AMENDMENT OF LANDSCAPE MAINTENANCE AGREEMENT DATED NOVEMBER 13,2001 FOR MAINTENANCE OF PARK/MEDIAN/RIGHT-OF-W A Y WITH LUKE'S LANDSCAPING, INC. CONTRACT NO.: C0506-64 THIS AMENDMENT is made and entered into this 20#1 day of"J:Jl ' 2006, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a mu Icipal corporatIOn of the State of Florida, (hereinafter referred as to "City") and LUKE'S LANDSCAPING, INC., a Florida corporation, authorized to do business in the State of Florida, (hereinafter referred to as "Contractor"), whose Federal I.D.# is 591587233. WHEREAS, pursuant to Bid No. 01-09-01, the City Commission awarded a Parks/Median/Rights-of- Way Maintenanee Service contract to Luke's Landscaping on November 13,2001 ("Master Agreement"), attached hereto as Exhibit "A"; and WHEREAS, since the initial contract, the City has doubled the Scope of Work requested under Bid No. 01-09-0 I; and WHEREAS, on July 1, 2003, the City renewed the Master Agreement and amended said contract to include additional areas to be maintained under the same terms and conditions commencing from June 20, 2003 to June 20, 2005; and WHEREAS, the City wishes to continue employing Contractor to maintain the City's designated landseaped areas; and WHEREAS, the City desires to extend the Master Agreement through November 13, 2007 and modify the payment terms. NOW THERFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: 1. AMENDMENT. Paragraph 3 entitled "Payment for Vendor's Services" and Paragraph 10 entitled "Term" of the Master Agreement, shall be amended as follows: PAYMENT FOR VENDOR'S SERVICES. Payment to Contractor for all charges under this Agreement related to hurricanes or other natural disasters shall be charged to the City by the ton and not by cubic yard, in accordance with the Contractor's schedule of fees attached hereto as Exhibit "B". TERM. The term of this Agreement is hereby extended through November 13,2007. 2. REMAINING TERMS. All other terms and provisions of the Master Agreement dated November 13, 2001 shall remain in full force and effect. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of Luke's Landscaping-Addendum 071 ]06 SIB