DRAFT

THIRD AMENDMENT TO SERVICE AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND PEEK TRAFFIC – SIGNAL MAINTENANCE, INC. FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR

This Third Amendment to Service Agreement, dated _______________, is by and between the CITY OF SUNNYVALE, a municipal corporation ("CITY") and PEEK TRAFFIC – SIGNAL MAINTENANCE, INC., a California corporation ("CONTRACTOR").

WHEREAS, on May 8, 1998, CITY and CONTRACTOR entered into a Service Agreement whereby CONTRACTOR would provide traffic signal maintenance and repair services; and

WHEREAS, on March 22, 2001, an Amendment to the Agreement was issued whereby the parties agreed to extend the Service Agreement for an additional year, effective April 1, 2001, through March 31, 2002, with a rate increase; and

WHEREAS, on May 1, 2002, a Second Amendment to the Agreement was issued whereby the parties agreed to extend the Service Agreement for a second additional year, effective April 1, 2002, through March 31, 2003; and

WHEREAS, the parties now agree that a Third Amendment to said Agreement is advisable;

NOW, THEREFORE, THE PARTIES ENTER INTO THIS THIRD AMENDMENT TO SERVICE AGREEMENT:

Section 2. Time for Performance - The term of this Agreement shall be extended for one additional year, from April 1, 2003, through March 31, 2004, unless otherwise terminated.

All other terms and conditions remain unchanged.

IN WITNESS WHEREOF, the parties have executed this Third Agreement Amendment.

ATTEST:
                        City Clerk

CITY OF SUNNYVALE ("CITY")
                     City Manager

APPROVED AS TO FORM:
                      City Attorney

PEEK TRAFFIC-SIGNAL MAINTENANCE, INC.
("CONTRACTOR")
By

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