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ATTACHMENT #1 Contract#: 2017414 THIRD AMENDMENT TO AGREEMENT This Third Amendment to Agreement("Third Amendment") is entered into this 4th day of June 2019 by the City of Pleasanton("City") and Tree Sculpture Corporation hereinafter known as Terra Landscape ("Contractor"). Whereas, on October 1, 2016 City and Contractor entered into a one-year agreement for Contractor services" ("Agreement"); Whereas,the parties entered into a First Amendment to extend the Agreement to September 30, 2018; and Whereas,the parties entered into a Second Amendment to extend the Agreement to June 30, 2019; and Whereas,the parties desire to amend the Agreement to increase the total compensation for the fiscal year ending June 30, 2019,to $629,000 and extend the term of the agreement for an additional 12 months. Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Section 4 of the Contract, "Term and Contract Renewal Option" is amended to read: The Agreement shall be extended for an additional 12 month period from July 1, 2019 to June 30, 2020. Additional items of work have been added with multiple annual plant changes for the sixty-two (62)planter bowls in Downtown. Annual compensation shall reflect an increase of 4.0%which is the change in the Consumer Price Index for the San Francisco-Oakland-Hayward region for April 2019. The total annual compensation to be paid under this Contract, as amended, shall not exceed$629,000. 2. All other terms and conditions of the Agreement shall remain in full force and effect. 3. This Third Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. With respect to signatures delivered via facsimile or electronically, Contractor shall deliver its original wet ink signature to the City within thirty(30)days following Contractor's original delivery via facsimile, electronic mail or other transmission method, provided that failure to deliver such original ink signature shall not affect the validity of the electronic signatures that were delivered. Page 1