FIFTH AMENDMENT TO THE LANDSCAPE AND IRRIGATION
MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF
SAN JACINTO AND INLAND EMPIRE LANDSCAPE, INC.
THIS FIFTH AMENDMENT to the LANDSCAPE AND IRRIGATION
MAINTENANCE SERVICES AGREEMENT (“Fifth Amendment”), for reference purposes dated this 17th day of February, 2026, is made and entered into by and between the City of San Jacinto, a California municipal corporation (hereinafter “CITY”) and Inland Empire Landscape, Inc., a California corporation (hereinafter “CONTRACTOR”). CITY and CONTRACTOR are sometimes individually referred to as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, CITY and CONTRACTOR entered into a certain Landscape and Irrigation Maintenance Services Agreement (“Agreement”) dated March 1, 2019; and WHEREAS, in July 2019, CITY and CONTRACTOR entered into Addendum #Z86SC1 to the Agreement; and
WHEREAS, in September 2019, CITY and CONTRACTOR entered into Addendum #GW1 to the Agreement; and
WHEREAS, in September 2019, CITY and CONTRACTOR entered into Addendum #Z53OOC1 to the Agreement; and
WHEREAS, in December 2019, CITY and CONTRACTOR entered into Addendum #Z30A1 to the Agreement; and
WHEREAS, in January 2020, CITY and CONTRACTOR entered into Addendum #Z21ADR1 to the Agreement; and
WHEREAS, in June 2021, CITY and CONTRACTOR entered into Addendum #Z49PP1 to the Agreement; and
WHEREAS, in January 2022, CITY and CONTRACTOR entered into Addendum #Z27PRF1 to the Agreement; and
WHEREAS, CITY and CONTRACTOR entered to into the First Amendment to the Agreement, dated January 3, 2023 (“First Amendment”); and WHEREAS, CITY and CONTRACTOR entered to into the Second Amendment to the Agreement, dated February 7, 2023 (“Second Amendment”); and 2 WHEREAS, CITY and CONTRACTOR entered to into the Third Amendment to the Agreement, dated February 6, 2024 (“Third Amendment”); and WHEREAS, CITY and CONTRACTOR entered into the Fourth Amendment to the Agreement, dated February 18, 2025 (“Fourth Amendment”); and WHEREAS, CITY and CONTRACTOR now desire to amend the Agreement for the purposes of extending the Agreement Term, amending the Scope of Services, and amending the compensation amount.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
TERMS
1. Amendment. Section 3.1.2 (“Term”) of the Agreement is hereby amended in its entirety to read as follows:
“3.1.2 Term. The term of this Agreement shall be from March 1, 2019 through June 30, 2027, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.”
2. Amendment. Exhibit “A” (“Scope of Services”) of the Agreement is hereby amended in part to add certain additional landscape maintenance zones and shall read as follows:
The following are assigned maintenance areas for Inland Empire Landscape and are subject to change at the sole discretion of the City:
LLPD2:
Ramona Expressway & Eagle Frontage Addendum
Zone 55 Upperline & Julian
CFD 2020-1:
Century Communities
3. Amendment. Exhibit “C-1,” as attached hereto, is hereby added to the Agreement and incorporated therein by this reference.
4. Amendment. Section 3.3.1 (“Compensation”) of the Agreement is amended in its entirety to read as follows:
“3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements for all Services rendered under this Agreement. The total 3 compensation shall not exceed Three million three-hundred eight thousand six-hundred sixty dollars and ten cent ($3,308,660.10) without written approval of City Manager or his/her designee. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement and Exhibits “C” and “C-1,” attached hereto and incorporated herein by reference. Notwithstanding anything to the contrary in the Agreement (including any CPI, cost-of-living, or other escalator provisions), the Parties agree that no further CPI-based adjustments or increases to any fees, rates, or charges shall be permitted or implemented for the remainder of the Agreement term.”
5. GENERAL PROVISIONS
5.1 Remainder Unchanged. Except as specifically modified by this Fifth Amendment, the Agreement remains in full force and effect and binding upon the parties. All terms in the First, Second, and Third, and Fourth Amendments shall have the meaning ascribed by them in the Agreement unless otherwise noted in this Fifth Amendment.
5.2 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 Fifth Amendment.
5.3 Severability. If any portion of this Fifth Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5.4 Counterparts. This Fifth Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one document.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment on the date and year first written above.
CITY OF SAN JACINTO
__________________________
Robert Johnson, City Manager
4 ATTEST:
___________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM
______________________________
City Attorney
INLAND EMPIRE LANDSCAPE, INC.
By:
______________________________
Its: ______________________________