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Attachment 1 Contract#: 2017432 FIFTH AMENDMENT TO AGREEMENT This Fifth Amendment to Agreement ("Fifth Amendment") is entered into this day of June 2020 by the City of Pleasanton("City")and Tree Sculpture Corporation hereinafter known as Terra Landscape ("Contractor"). Whereas, on November 2, 2015, the City and Contractor entered into a one-year agreement for Contractor services for weed abatement landscape services ("Agreement"); Whereas,the parties entered into a First Amendment to extend the Agreement to October 31, 2017; and Whereas, the parties entered into a Second Amendment to extend the Agreement to October 31, 2018; and Whereas,the parties entered into a Third Amendment to extend the Agreement to June 30, 2019 and amend the annual compensation not to exceed amount of$95,000; and Whereas, on June 4, 2019,the parties entered into a Fourth Amendment to extend the Agreement to June 30, 2020 and amend the annual compensation not to exceed amount of$145,000; and Whereas,the parties desire to amend the Agreement to extend the Agreement for three months and adjust the annual compensation. Now,therefore, in exchange for valuable consideration,the receipt of which is hereby acknowledged, the parties agree as follows: 1. Section 3 of the Agreement, "Compensation" is amended to read as follows: "Total compensation for this Agreement shall not exceed$185,000. 2. Section 4 of the Agreement, "Term" is amended to read as follows: "The term of this Agreement is from November 2, 2015 until September 30, 2020." 3. All other terms and conditions of the Agreement shall remain in full force and effect. In witness whereof, authorized representatives of the parties have executed this Fifth Amendment to the Agreement as of the date and year first above written. CITY OF PLEASANTON CONTRACTOR By: Nelson Fialho, City Manager Signature Print name Title: First Amendment Page 1