FIRST AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES FOR
BEACHES, ACCESSES AND PIER
This First Amendment to the Agreement for Maintenance Services for Beaches, Accesses and Pier (this “First Amendment”) is made and entered into on this 1st day of July, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Colts Landscape, Inc., a California corporation with its principal place of business located at 12111 Chapman Avenue, Garden Grove, California 92840 (“Contractor”).
R E C I T A L S:
City and Contractor entered into that certain Agreement for Maintenance Services for Beaches, Accesses and Pier (the “Agreement”) on June 7, 2022.
Section 3.1.2 of the Agreement specifies an initial term of July 1, 2022 through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions.
City and Contractor desire to amend the Agreement to exercise the first one-year term extension, to provide for Beaches, Accesses and Pier maintenance services from July 1, 2025 to June 30, 2026.
Exhibit B of the Agreement (Schedule of Maintenance Services, Contractor's Bid Proposal) specifies the Total Per Year Cost of $278,070.36 for the first one-year term extension.
City and Contractor desire to amend the Agreement to exercise the first one-year term extension for the period of July 1, 2025 through June 30, 2026, at the first one-year extension cost of $278,070.36.
City and Contractor desire to amend the Agreement in the manner provided herein.
Covenants
The Parties hereby agree as follows:
Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby deleted and replaced in its entirety with the following:
3.1.2 Term.
The term of the Agreement shall be from July 1, 2022 and shall continue and remain in effect until June 30, 2026, unless terminated earlier as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year extension. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby deleted and replaced in its entirety with the following:
3.3.1 Compensation.
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2025 shall not exceed Eight Hundred Fourteen Thousand, Eight Hundred Ninety-Four DOLLARS and Twenty CENTS ($814,894.20), which includes an annual supplement of Fifty-Seven Thousand DOLLARS ($57,000.00), without prior written approval of the City Council. The total compensation for any amendment to the Agreement exercising the first or second one-year extension(s), shall not exceed Two Hundred Seventy-Eight Thousand, Seventy DOLLARS and Thirty-Six CENTS ($278,070.36) annually, which includes an annual supplement of Fifty-Seven Thousand DOLLARS ($57,000.00), without prior written approval of City’s City Manager. Extra Work may be previously authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.
Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures and effective as of the date first entered above.
CITY OF SAN CLEMENTE
By: ________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
COLTS LANDSCAPE, INC.,
a California corporation
(“CONTRACTOR”)
By:
Alfredo Jose Jimenez, CEO/CFO/Secretary
Dated: _________________, 2025
Exhibit “B”
BID Proposal form
(Included on the following pages)
4938-4171-6055 v2 2 of 3
i:\cy\secure\maintservices\contracts - new 2018 & newer\- 2025 extensions\1 - beaches, accesses & pier\first amendment to colts agreement - beaches accesses and pier - colts - contract c22-32 (cao revised 072225).docx 04/17/25 Attachment 2