HomeMy WebLinkAboutC2022-022.3 Fountain View Tenant - signed1
Contract No. 2022-022.3
THIRD AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FFI FOUNTAIN VIEW TENANT LLC
D/B/A
FOUNTAIN VIEW VILLAGE
THIS THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Third
Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona
municipal corporation (the “Town”) and FFI Fountain View Tenant, LLC, d/b/a Fountain View
Village, a(n) Delaware limited liability company (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated September, 1, 2021 (amended via Amendment No. 1, dated July 1, 2022,
and via Amendment No. 2, dated May 16, 2024), for the Consultant to provide meal preparation
and delivery (the “Services”). All capitalized terms not otherwise defined in this Third
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
Consultant for Services.
C. The Town and the Consultant desire to enter this Third Amendment to amend the
Agreement to extend the term of the Agreement.
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 Consultant hereby agree as follows:
1. Term of Agreement. The term of the Agreement is hereby extended until August
30, 2025, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
2. 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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3. Non-Default. By executing this Third Amendment, the Consultant affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this Third 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
Third Amendment are forever waived.
4. Conflict of Interest. This Third 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: ______________________________
Christopher Daroczy (Jun 23, 2024 16:35 PDT)
Christopher Daroczy
Executive Director
Aaron Arnson (Jun 24, 2024 11:09 PDT)
Aaron Arnson
Rachael Goodwin (Jun 24, 2024 14:19 PDT)
Rachael Goodwin