Cities Index.
Exhibit 4 - Second Amendment Tropical Plaza Nursery (Areas 1 and 5)

Corona City Council
August 7, 2024

Document
Exhibit 4 - Second Amendment Tropical Plaza Nursery (Areas 1 and 5)
Meeting
August 7, 2024
Body
Corona City Council
Original file
458 KB
Text extracted from the city's file for reading and search. Open the original on corona.legistar1.com. That file is the official record.

1 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022

CITY OF CORONA

SECOND AMENDMENT TO

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH TROPICAL PLAZA NURSERY, INC.
(LANDSCAPE MAINTENANCE SERVICES FOR AREAS 1 & 5 (NIB 22-055RH)

PROJECT)

1. PARTIES AND DATE.

This Second Amendment to the Maintenance/General Services Agreement (“Second Amendment”) is made and entered into this 7th day of August, 2024 by and between the City of Corona (“City”) and Tropical Plaza Nursery, Inc. a California Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.

2. RECITALS.

2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement dated July 6, 2022 (“Agreement”), whereby Contractor agreed to provide landscaping and maintenance services.

2.2 Prior Amendments. City and Contractor entered into that certain First Amendment to the Maintenance/General Services Agreement on or about September 7, 2023 (“First Amendment”).

2.3 Amendment. City and Consultant desire to amend the Agreement for the second time to amend the compensation.

3. TERMS.

3.1 Rates & Total Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
“Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Six Hundred Seventy Four Thousand and Eight Hundred and Forty Two Dollars
($672,842.00) (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
Docusign Envelope ID: B215CDCE-3129-4A02-92C7-7F0C698C1BE1 2 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022

3.2 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.

3.4 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: B215CDCE-3129-4A02-92C7-7F0C698C1BE1 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR

SECOND AMENDMENT TO

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH TROPICAL PLAZA NURSERY, INC.
(LANDSCAPE MAINTENANCE SERVICES FOR AREAS 1 & 5 (NIB 22-055RH)

PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.

CITY OF CORONA
By: _________________________
Donna Finch
Community Services Director
By: _________________________
Moses Cortez
Facilities, Parks & Trails Manager

Reviewed By: ________________________
Yasmin Lopez
Purchasing Manager
Attest : _________________________
Sylvia Edwards
City Clerk
Docusign Envelope ID: B215CDCE-3129-4A02-92C7-7F0C698C1BE1 4 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR

SECOND AMENDMENT TO

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH TROPICAL PLAZA NURSERY, INC.
(LANDSCAPE MAINTENANCE SERVICES FOR AREAS 1 & 5 (NIB 22-055RH)

PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.

Tropical Plaza Nursery
a California Corporation
By: _________________________
Les Fields
President
By: _________________________
Tina Fields
Secretary, Treasurer
Docusign Envelope ID: B215CDCE-3129-4A02-92C7-7F0C698C1BE1

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