HomeMy WebLinkAboutC2022-038.2 Consultant Registered Surveying Inc - signed1
Contract No. 2022-038.2
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CONSULTANT REGISTERED SURVEYING, INC.
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Second Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Consultant Registered Surveying, Inc., a(n)
Arizona corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated October 11, 2021 (and Amended via Amendment No. 1 dated April 13,
2023), for the Consultant to provide Land Surveying services (the “Services”). All capitalized
terms not otherwise defined in this Second 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 Second 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 June 30,
2024, 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.
3. Non-Default. By executing this Second 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
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this Second 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 Second Amendment are forever waived.
4. Conflict of Interest. This Second 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: ______________________________
Carl Sitterley (Dec 19, 2023 11:29 MST)
Carl Sitterley
Carl Sitterley
President
Aaron Arnson (Dec 27, 2023 09:35 MST)
Aaron Arnson
Rachael Goodwin (Jan 2, 2024 08:54 MST)
Rachael Goodwin