CONTRACT 4096F Amendment CLOSED 4,
Agreement No. 4096F
SIXTH AMENDMENT TO
AGREEMENT NO.4096 BETWEEN
THE CITY OF EL SEGUNDO AND
LANDCARE USA,LLC
THIS SIXTH AMENDMENT("Amendment")is made and entered into this 7th day of December,
2016,by and between the CITY OF EL SEGUNDO,a general law city and municipal corporation
existing under the laws of California("CITY"),and LANDCARE USA,LLC,a California General
Partnership("CONTRACTOR").
1. Pursuant to Section 18 of Agreement No.4096("Agreement"),Section 2 of the
Agreement is amended to extend the term of the Agreement to September 30,2017.The
parties intend this Amendment to take effect retroactively as of October 1,2016.
2. The parties also agree to increase the amount of the contract with a not-to-exceed
amount of One Hundred and Eighty-One Thousand Dollars($181,000)for
CONTRACTOR's services provided between October 1,2016 through September 30,
2017.
3. This Amendment may be executed in any number or counterparts,each of which will be
an original,but all of which together constitutes one instrument executed on the same
date.
4. Except as modified by this Amendment,all other terms and conditions of Agreement
No.4096 remain the same.
[SIGNATURES ON NEXT PAGE)
1"
Agreement No. 4096F
IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and
year first hereinabove written.
C11.1'Y EL 'G4UNID10 LANDSCAPE
'Y
Greg C, cent
City ity nager Title: Branch Manager
ATTEST:
Taxpayer ID No. 36-4313318
T is Y,Werner,
I'
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APPROVED AS TO FORM:
for
Mark D.Hensley,6
City Attorney
2
Agreement No. 4096F
AMENDMENT NO. 1
TO
AMENDED AND RESTATED PARTNERSHIP AGREEMENT
OF
TRUGREEN LANDCARE
a California general partnership
This Amendment No. 1 (this ni x In ^i ") to the Amended and Restated Partnership
Agreement of TruGreen LandCare, a California general partnership (the "Partnership"), is
entered into effective July 28, 2015 by all of the Partners of the Partnership, pursuant to Section
1.2 of the Amended and Restated Partnership Agreement (the ")!gjjj r lrin Aerceineqf). All
initially capitalized terms not otherwise defined herein shall have the meaning given to them in
the Partnership Agreement.
RECITALS
A. Section 1.2 of the Partnership Agreement provides that the business of the
Partnership may be conducted under any name deemed advisable by the unanimous consent of
the Partners.
B. The Partners have determined to change the name of the Partnership to "LandCare
USA", a California general partnership.
NOW. THEREFORE, for good and valuable consideration. the Members agree as
follows:
AMENDMENT
hereby superseded d
,d ment. The first sentence of Section 1.2 of the Partnership Agreement is
A�I�tWtn
replaced in its entirety, as follows:
"The name of the Partnership shall be, and the business of the Partnership
shall be conducted under the name of, "LandCare USA".
All other references in the Partnership to "TruGreen LandCare" shall be superseded and replaced
by"LandCare USA", as the name of the Partnership pursuant to the terms of this Amendment.
1 Authority. The persons executing this Amendment on behalf of the Partners
represent and warrant that they have the authority to execute this Amendment on behalf of said
Partners and said Partners have authority to enter into this Amendment.
3.counterpart runter arts. This Amendment may be executed in counterparts. Each
shall
be deemed an original, and all counterparts shall be deemed the same
instrument with the same effect as if all parties hereto had signed the same signature page.
[Signature Page Follows]
Agreement No. 4096F
IN WITNESS WHEREOF, each of the Partners has executed this Amendment effective
as of the day and year it above written.
PARTNERS:
Nppie: James Richard all
htle: Vice President& Secretary
LandCare USA L.L.C.
(formerly, TruGreen LandCare L.L.C)
By: LaridCare Holdings, h)c,
Y® F
NanW, James ki Hard' Ballard
'Fitle, Vice President&Secretary
- 2 -
EXICS 1230964Y,00010,298696A
Agreement No. 4096F
state of sagare
secreta of State
Division o7cor ations
Delivered 07-02 V0612512015
FILED 06:19 PM 06125120'15
SRV 150975730 - 3o85726 FILE
CET)FICATE OFAINWINDMPsrT
Of
CERTIFICATE OF FOW MATT ON
q •
TRUGREENNIANDCARF L.L.C.
1. Fhe of the limited iiabijit� company is Tr ch-eeii LandCim: L.L.C. (the
"Compally"),
The Certificate of` ormlion of the C0111paiP, is herebyam i dec] a's f I ows:
The name of the limit d 11abifity company i,, LandCare U A L. C"
1 This Certificate of Aniondment shall be effective upon filit-tg with the .Secretary of
State of the State of Dchilwai-e.
IN WITNESS WHEREOF, the widersic,ple(i has e.xecutcd This Cenificate of Amendment
on the-25th day of,juite, 2015.
Jim Baikud. Aulhodzed Per,,Otl
K,1� �2A�)b OhHPIWIV1211 INPI,
Agreement No. 4096F
'0000�c._faware PAGE 1
the First State
1, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF AMENDMENT OF "TRUGREEN LANDCARE
L.L. C. ", CHANGING ITS NAME FROM "TRUGREEN LANDCARE L.L.C. " TO
"LANDCARE USA L.L. C. ", FILED IN THIS OFFICE ON THE TWENTY—FIFTH
DAY OF JUNE, A.D. 2015, AT 6:19 O'CLOCK P.M.
d°*+ W.Bullock,S d j0' �M y ecretary of State 3085726 8100 r AUTHEN'�a�C�J;ff�ON: 2510183
4 m. .
150975730 �.. � ... DATE: 06-29-15
You may verify this certificate online
at corp.delaware.gov/authver.shtml
Agreement No. 4096F
State of California
Secretary of State
AMENDED CERTIFICATE OF REGISTRATION
I, ALEX PADILLA, Secretary of State of the State of California, hereby certify:
That on the 14th day of July, 2015, there was filed in this office an Amended
Application for Registration, Foreign Limited Liability Company whereby the name, under
which the foreign limited liability company was registered and transacting business in
California, as TRUGREEN LANDCARE L.L.C. a limited liability company organized and
existing under the laws of Delaware was changed to LANDCARE USA L.L.C..
This limited liability company complied with the requirements of California law in effect
on that date for the purpose of registering to transact intrastate business in the State of
California and as of the said date has been and is qualified and authorized to transact
intrastate business in the State of California. Subject, however to any licensing requirements
otherwise imposed by the laws of this State.
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
14th day of July, 2015.
-
p,* 0
ALEX PADILLA
Secretary of State
IDC
NP-25(REV 01/20 15)
Agreement No. 4096F
I hereby certify thaj the foregoing
transcript of -- page(s)
is a full,true and corred copy of the
original record in the custody of the
Calffomia Secretary of State's office.
JUL 17 2015
Date:--
0 , Z I`IgQ�Ll
k
ALEX �OHAA,Secretary of to
Agreement No. 4096F
LLC-6 Amendment to Registration of a
Foreign Limited Liability Company(LLO)
To change the name of record for your registered foreign LLG, fill out
this forl-ri,and submit for filing along with:
– A$30 filing fee. FILED
®- A certificate by the agency where the LLC was fornied, certifying
Semtary of Stake
that the narne was changed in that Stale, country or other place, staft &.1
also must be included if that narne has changed. of California
– A separate,non-refundable$15 service fee also must de included, JUL 14,2015
if you drop off the completed form.
fit partantl To change the LLC addresses, or to change the name or
address of the LLC's agent for service of process, you must file a
Statement of Information (Form I W-12), To get Form LLC-12, go to
Snaco For '�.jjjosnjy
For questions about this form,go to
(D LLC--N—a m- e_Us'e_dlnCaHf"o_rni _
a (on file with CA SeGretary of Stale) Z LLC File No.(issued by CA Secretary of State)
TruGreen LandCare L.L.C. 199927010051
New LLC Name to be used for this LLC in California
If changed,list(,he LLC name now in the state,country or other place of the LLC's formation-,
Land are USA L.L,C-
Q–) Ust an attornate name to be used in CaWornia if: (1) the LLC name in Item 3 does not comply with CaWornia nam ng
requirernents o-L(2)you only are Ung this form to f;hanqe ail existing ailernalename, List the alternate narne exactly as il is
to appear on the records of fie,Ca4ornia Secretary of Stale. The alternate narne must hiclude',LLC.L.L.C,,Lifnited Liability
0ornpany, Umited Liabiiity Car, Ltd, Liability Co. or Ltd. LlabiVily Company; and may riot include: bank, trtist, Irrustee,
incorporated, Oc., wrporation, or oorp,, Ensurer, or 4)sunance cornpany, (Qallfornia Corporations Code secNori 1770'1,08,)
Go to for general narne requirements rostruolior s,
Existing Alternate LLC Name
ti hvci(this bm ifyou corrlpJeted fleas 3 abovc,and if appficabio� If you check this box do n0 complele Item 4 above,
This L1C registered in CMifarnia before Janv ary 1,2014:currently tmnsicls intrastate business in CaWnrnia under tfae
alterniate name listed In 4ern I above; and upian this filing, will continutt to tranzacl intrastate Liusiness in CMdornia
under the alternate nartie listed it)ifern 1 above,
Check this box if applicable, If yoo chack his box, do not camplete ftem 4 abovie, Note: If this LLC registered in California
after December 31,2013,and the LLC name now used in the slate, country or other place of the LLC's formation complies
with CaNfornia Corporations Code seclion 17701.08,you must check this box to relinquish the alternate name.
The allemate n3mo under which this LLC currently iransacts intrastate business in Calitomia a Njtt no J(,nger be used,
Upon this filing, 'his LLC Mil transact Intrastate business in CaVorriia under (lie LLC nams� now uwd in the slate,
country or other place of the LLC's formation,
Read and sign below:
I arn ma to eize to sign this,!O�renk J K"?lawns o
"P�o I f the state,country or other place where this LLC was formed
Jim Ballard Authorized Person
... .
P&f your name here yourbasiness 61,10
4� . ........
Make ChedIdnioney otoler payade to retM of State By mail
Upon Ming,we will return one(1)uncertified copy of your nieo Secretary of Stalp Secretary of Slate
docurnerit for free,and will certify the copy upon request and Business Ent hies, P.O.Box 944228 '3 0 11 th Street,,3rd Floor
payfrient or a$5 Sacramento,CA 942�-2280 Sacramento,CA 95814
Cofpm.��on�CWe�§177,01 V?M 2014 CCNI'Ror.ma Sec�c,,ar c,�si
LLC,&iREV Z'201 1?. Ca