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AGR-6602.1 - ROBERTSON INDUSTRIES INC - FIRST AMENDMENT TOT LOT PLAYGROUND SURFACING MAINTENANCE SERVICESAGR-6602.1 FII2ST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT Playgrouud Surfacing Maintenance Services] TffiS FII2ST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the First AmendmenY') is made and entered into as of a 2020, by and between the CTTY OF ORANGE, a municipal corporation("City', and OBERTSON INDUST'RIES, INC., an Arizona corporation("Contractor'with reference to the following: A. On May 8,2018,City and Contractor entered into a Maintenance Services Agreement Agreement No. 6602), which is incorporated herein by this reference (the "Original AgreemenY; and B. City and Contractor desire to amend the Original Ageement to modify, amend and supplement certain portions of the Original Agreement by executing the first extension. NOW,THEREFORE,the parties hereby agree as follows: SecHon 1. Defined Terms. Except as otherwise defined herein,all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Secrion 2. Cross-References. City and Contractor agree that all refetences in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment. Section 3. First Eatension Term. Pursuant to Section 1 ofthe Original Agreement,upon the Expiration Date of the Original Agreement Term on June 30, 2020, the City exercises the First Extension Term,to commence July 1, 2020 and terminate on June 30, 2021 in an armual amount of EIGH1'EEN THOUSAND EIGHT HUNDRED FORTY and 00/100 Dollars($18,840.00). Section 4. Authoritv of Citv Manaeer. Pursuant to Section 1 of the Original Agreement, the City Manager is authorized to exercise the Fitst Ektension. Section 5. Inte ration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency beriveen the terms and provisions of this First Amendment and the terms and provisions ofthe Original Agreement,the tettns and provisions of this First Amendment shall control and govem the rights and obligations of the pazties. IN R'ITNESS of this Agreement, the parties enter into this Agreement on the yeaz and day first above written. CONTRACTOR" CITY" ROBERTSON INDUSTT2IES,INC.,an Arizona CI1'Y OF ORANGE, a municipal corporation cocporation By: x By: /. Printed Name: c iaz Haw ey J'c o,City Manager Title: of Sales By: ', f a APP D AS TO FORM: PrintedName: Tom Whittier Title: of perations ary A.5 e , City Att NOTE: If Contractor is a corporation,the City requires the following signature(s): 1) the Chairman of the Board, the President or a Vic President, AND (2) the Secretary, the Chief Financial O cer, tLe Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate ofFcer eaists or one corporate officer holds more than oue corporate office,please so indicate. OR The corporate officer named in a corporate resolution as autLorized to enter into this Agreement. A copy oF the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. au+min9 cosnmurelEtes r+rrouer,ptay CORPORATE RESOLUTION RESOLVED, that Robertson Industries, Inc.lRobertson Recreational Surfaces for the general purposes of installing PIP surtacing for various customers and at various locations, and all upon such terms and conditions as are set forth in the agreement between the parties as annexed hereto. The undersigned hereby certifies that[hey are the duly elected and qual'rfied President and Cfiief Financial Officer, and the custodian of the books and records and seal of PlayCore Wisconsin, Inc., a corporation duly formed and/or authorized to do business pursuant to the laws of the State of Florida, do hereby authorize and appoint Richard Hawley to obligate, bind and authorize documents on behalf of the a6ove-named corporation. IN WITNESS WHEREOF, We have executed our names as President and Chief Financial O cer and have hereunto affixed the corporate seal of the above- named Corporation this 19 day of AUgust, 2019. Attest:PlayCore Wisconsin, Inc. r ' Richd Ruegger, CFO Rog osacki, President Corporate Seal) The foregoing was acknowledged before me this 19 day of August, 2019, by Roger Posackl as President and by Richard Ruegger as Chief Financial Officer of PlayCora Wisconsin, Inc., who are personally known to me. N ry Public-S te o1e gr NotarySeal) `..Ls/ej' y" v i tpf° 6YATE p! 9F ry A y J YVB••'(+ \ y f,,,/`" V TM\'`` MY mi¢eion ozpira6 Ocrodar 2S.2u2U