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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. 2 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] 7 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.