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HomeMy WebLinkAboutblack's_spray_service_3rd_addendum_2010-September2011THIRD ADDENDUM TO BLACK'S SPRAY SERVICE, INC. PROFESSIONAL SERVICES AGREEMENT THIS THIRD ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ( "Third Addendum ") is made and entered this v"& day of A4&.4" , 2010 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ( "City "), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida, 32953 ( "Contractor "). ffil tt I_ *'1'14i.A WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ( "Agreement "), and an Addendum and Second Addendum (collectively "Addendums ") thereto; and WHEREAS, the Agreement, as modified by the Addendums, is scheduled to terminate on May 31, 2011; and WHEREAS, the City and Contractor desire to modify the current term of the Agreement, as modified by the Addendums, to coincide with the City's fiscal year; and WHEREAS, said modification to the current term of the Agreement shall not count as one of the remaining options under which the parties may opt to extend the term of the Agreement; and WHEREAS, this Third Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — MODIFICATION OF TERM The current term of the Agreement, as amended by the Addendums, shall be modified to terminate at midnight on September 30, 2011. This modification of the current term of the Agreement shall not be construed as the parties exercising one of their remaining three (3) options to extend the term of the Agreement for additional one -year periods. Third Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 1 of 2 ARTICLE 3 — OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Addendum as of the day and year first above written. CITY: Attest: Angeld Apperson, i y Clerk City of Cape Canaveral, Florida, a Florida municipal corporation. By: ( :;�, , c) L Rocky Rand e s, Mayor CONTRACTOR: Black's Spray Service, Inc., a Florida corporation. WITNESSES: Print Name: By. Print Name: Ccy'(., Title: 2.�,5� Print Name: Third Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 2 of 2