HomeMy WebLinkAbout2022-071.1 Shums Coda
Contract No. 2022-071.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SHUMS CODA ASSOCIATES, INC.
AND
N SHEA GROUP, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into upon
execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”)
Shums Coda Associates, Inc., a(n) California corporation (the “Consultant”) and N-Shea
Group, LLC, an Arizona limited liability company (the “Developer”) [together “Parties”].
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated May 24, 2022, for the Consultant to provide Plan Review & Building
Inspection Services (the “Services”). All capitalized terms not otherwise defined in this First
Amendment have the same meanings as contained in the Agreement.
B. The Parties desire to extend the term of the Agreement for these services.
C. The Parties desire to enter into this Amendment No. 1 to allow for continued
Services.
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. This Agreement shall be effective as of the date of execution
and shall remain in full force and effect until April 1, 2024.
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.
3. Non-Default. By executing this First 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 First 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
First Amendment are forever waived.
4. Conflict of Interest. This First Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Rachael Goodwin, Interim Town Manager
ATTEST:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
“Consultant”
By:__________________________
Name:________________________
Title:_________________________
“Developer”, acknowledgement
By:__________________________
Name:________________________
Title:_________________________
Bart M Shea (Apr 19, 2023 11:18 PDT)
Bart M Shea
Bart M Shea
member
Christine Godinez
Chief Operating Officer
Aaron Arnson (May 5, 2023 07:33 PDT)
Aaron Arnson
Rachael Goodwin (May 8, 2023 07:42 PDT)
Rachael Goodwin