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PVPLC - 3rd Amendment to Amended and Restated (2006) 1110 (2?,t, 0 THIRD AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE PALOS VERDES PENINSULA LAND CONSERVANCY, A NON-PROFIT ORGANIZATION, TO JOINTLY OPERATE AND MAINTAIN A TRACT OF LAND KNOWN AS THE FORRESTAL NATURE PRESERVE AND TO CONDUCT ENVIRONMENTAL EDUCATION PROGRAMS, TOURS, AND EVENTS THAT WILL ENCOURAGE PARTICIPATION IN THE PASSIVE RECREATIONAL USE OF THE PRESERVE AS AN OPEN SPACE COASTAL NATURE PRESERVE AND AUTHORIZE THE USE OF PRIVATELY AND PUBLICLY RAISED FUNDS FOR THE UPGRADING AND ENHANCEMENT OF THE PRESERVE FOR USE BY THE PUBLIC AND TO ENHANCE AND PROTECT HABITAT AND SPECIES LOCATED THEREON. This Document is the Third Amendment to the Operating Agreement (hereinafter, "the Agreement"), by and between the City and the Palos Verdes Peninsula Land Conservancy (hereinafter "PVPLC" or"the Conservancy"), a non- profit organization and the City of Rancho Palos Verdes (hereinafter"the City"). This Third Amendment is effective as of this 18th day of April, 2006. The purpose of this Third Amendment is to amend the Agreement to confirm that fuel modification services provided by the PVPLC are within the scope of the Agreement. Except as expressly amended herein, the Agreement shall remain in full force and effect. Together with this Third Amendment, the Second Amendment and the First Amendment, the Agreement sets forth the agreement between the City and the Conservancy regarding the management by the Conservancy of certain properties that are owned by the City. Section 1. Section 2.6.2 of the Agreement is hereby amended to read as follows: 2. PURPOSE B.2 The Conservancy has a management agreement with the City and is the lead entity for habitat enhancement/vegetation management, recreation management (except for educational programs through Los Serenos), and some administrative tasks, including the preparation of an annual report to the City Council. Furthermore, at the City's request, the Conservancy may perform tasks assigned to the City under the Management Plan, including fuel modification. • Section 2. Section 28 of the Agreement is hereby amended to read as follows: 28. COMPLETE AGREEMENT The Agreement, as amended by this Third Amendment, and the First and Second Amendments, contains the full and complete Agreement between the parties and may only be amended in a writing executed by both parties. No verbal agreement or conversation with any officer or employee of either party will affect or modify any of the terms and conditions of this Agreement. Dated 5/. /(3 PALOS VERT - .ND CONSERVANCY By: .Air Its: • e -m a Director Dated ' J�o� CITY OF RANCHO PALOS VERDES By: ofillf, telditeAAA: ayor ATTEST: ersi‘eviairjiCityrk 800905.7 2