HomeMy WebLinkAboutC2021-048.4 PlaySpace Designs - signed1
Contract No. 2021-048.4
FOURTH AMENDMENT
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PLAYSPACE DESIGNS, INC.
THIS FOURTH AMENDMENT TO COOPERATIVE SERVICES AGREEMENT (this
“Fourth Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and PlaySpace Designs, Inc., a(n) Utah corporation
(the “Contractor”).
RECITALS
A. The Town and the Contractor entered into a Cooperative Services Agreement (the
“Agreement”), dated May 18, 2021 (as amended), for the Contractor to provide playground,
splash pad, outdoor fitness, and related equipment (the “Services”). All capitalized terms not
otherwise defined in this Fourth Amendment have the same meanings as contained in the
Agreement.
B. The Town has determined that it is necessary to extend the Agreement with the
Contractor for Services.
C. The Town and the Contractor desire to enter this Fourth Amendment to amend the
Agreement to extend the term of the Agreement (Exhibit E).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. The term of the Agreement is hereby extended until
February 21, 2025, unless terminated as otherwise provided pursuant to the terms
and conditions of the Agreement.
2. EXHIBIT E is hereby incorporated by this reference.
3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
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4. Non-Default. By executing this Fourth Amendment, the Contractor affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this Fourth Amendment, under any of the terms or conditions of the Agreement and (ii) any and
all claims, known and unknown, relating to the Agreement and existing on or before the date of
this Fourth Amendment are forever waived.
5. Conflict of Interest. This Fourth Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
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ATTESTED TO:
_______________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE TOWN OF FOUNTAIN HILLS:
____________________________________
Rachael Goodwin, Town Manager
FOR THE CONTRACTOR:
By:
Name
Title: ______________________________
Morgan Selph (Apr 15, 2024 13:33 MDT)
Morgan Selph
Morgan Selph
President
Aaron Arnson (Apr 15, 2024 16:08 PDT)
Aaron Arnson
Rachael Goodwin (Apr 16, 2024 07:40 PDT)
Rachael Goodwin
EXHIBIT E
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PLAYSAFE DESIGNS, INC.
[MOHAVE COOPERATIVE EXTENSION]
See following pages.