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HomeMy WebLinkAboutCreative Pyrotechnics, LLC 3rd Addendum to 2013, 2014, 2015 4th of July - 2018 06 26THIRD ADDENDUM TO 2013, 2014, 2015 FOURTH OF JULY FIREWORKS DISPLAY AGREEMENT THIS THIRD ADDENDUM is made this;Z4�day of le,N 2018 by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida, 32708 ("City") and CREATIVE PYROTECHNICS, LLC, a Florida limited liability company, whose address is 14747 Baltusrol Drive, Orlando, Florida 32828 ('Contractor"). RECITALS: WHEREAS, the parties previously entered into a 2013, 2014, 2015 Fourth of July Fireworks Display Agreement, which was executed by the City on April 24, 2013, and by Contractor on May 1, 2013 (the "Agreement"), and WHEREAS, the Agreement authorizes the parties to extend the term of the Agreement for three (3) additional one-year terms; and WHEREAS, the parties exercised their renewal option to extend the tern of the Agreement for an additional one (l) year for the 2016 Fourth of .luly Fireworks Display, WHEREAS, the parties exercised their renewal option for a second time to extend the term of the Agreement for an additional one (1) year for the 2017 Fourth ofJuly Fireworks Display; WHEREAS, the parties desire to exercise their renewal option for a third time to extend the tern of the Agreement, for an additional one (1) year term for the 2018 Fourth of July Fireworks Display as set forth herein, and NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, it is agreed by the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference as a material part of this Third Addendum. Section 2. Extension of Term. The term of the 2013, 2014, 2015 Fourth of July Fireworks Display Agreement is hereby further extended for an additional one (1) -year tenn by this Third Addendum, shall commence upon full execution of this Third Addendum by both parties hereto and shall terminate at such time Contractor has fully performed all the Services required by this Third Addendum to the complete satisfaction of the City and all claims made pursuant to this Third Addendum have been fully settled or the statute of limitations for bringing such claims has expired. Section 3. Amendments. All provisions of the Agreement not amended by the (first) Addendum, the Second Addendum, or this Third Addendum shall remain as stated in the Agreement. The Agreement is hereby amended as follows: 411'of July Fireworks Display — Third Addendum - 2018 City of W inter Springs— Creal ive Pyrotechnics, LLC Page I of 3