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HomeMy WebLinkAboutC2019-077.1 - Fountain View Village FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN TOWN OF FOUNTAIN HILLS AND SL FOUNTAIN VIEW VILLAGE,LLC D/B/A FOUNTAIN VIEW VILLAGE This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "First Amendment") is made to be effective as of April 21, 2020, (the "Effective Date") between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and SL Fountain View Village, LLC, a Delaware limited liability company,d/b/a Fountain View Village(the"Contractor"). RECITALS A. The Town and the Contractor entered into that certain Professional Services Agreement (2019-077),dated July 1,2019(the"Agreement"),pursuant to which the Contractor agreed to provide food preparation services for delivery by the Town(the"Services"). B. The parties wish to increase the amount of services provided under the Agreement due to COVID-19 related necessity. AGREEMENT NOW, THEREFORE, in consideration of the foregoing 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 is hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. The Term of the Agreement is hereby extended until June 30,2021. 2. Compensation. The Town shall pay the Contractor an annual aggregate amount not to exceed $50,000.00 for the services at the rates per meal set forth in Exhibit A of the Agreement. The maximum aggregate amount for this First Amendment, including all Renewal Terms, shall not exceed $150,000.00. 3. Capitalized Terms. Capitalized terms used but not otherwise defined in this First Amendment shall have the meanings assigned to them in the Agreement.In the case of a conflict in meaning between the Agreement and this First Amendment,this First Amendment shall prevail. . .,_ w•---- 4. Continuing Effect.Except as expressly modified or amend41 by this First Amendment,all terms and provisions of the Agreement shall remain in full force and effect. 5. Execution in Counterparts. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original. 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation afv tA _ Grady E. Miller o Manager ATTEST: 17,..4.,___ Elizabeth A ke, Town Cl rk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On Q f ___ (9 3 , 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be,and acknowledged that he signed the above document,on behalf of the Town of Fountain Hills. (on1%"�` JAMIE SALENTINEIkterY Public-State of ArizoryW7 mikRlCOPA COUNTY o cc Commission#550'03 CN ary Public Expires July/1,2022 (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 14369070.1 "Contractor" SL FOUNTAIN VIEW VILLAGE, LLC, a(n) Delaware limited liability company, d/b/a Fountain View Village By: E'Itabifh �?org>°- Name: � /� Title: C thVe._I1(2(for //\./trSi Sirdicr Iu (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2020, before me personally appeared- 3&k e-{k ieo , the vz afft .,e, 1 re c r of SL FOUNTAIN VIEW VILLAGE,LLC, a(n)Delaware limite'iability company, d/b/a Fountain View Village, whose identity was proven to me on the basis of satisfactory evidence to be the e„e u-F; re)Th.,recif of the limited liability company. mc. JAMIE Nai lIE. A aEte TIof NE M'4RICOPq COUNTY Orn4 Commhs425 Nig 96-fr'd(0-/ ry Public (Affix notary seal here) 14369070.1