HomeMy WebLinkAboutLOHF SHAIMAN JACOBS HYMAN - CONTRACT - CONTRACT - AMENDMENT 2 TO CONTRACTSECOND AMENDMENT TO AGREEMENT
FOR PROFESSIONAL SERVICES
THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
("Agreement') is made and entered into this &9day of �,� ..� , 2007 by and between the
CITIES OF LOVELAND AND FORT COLLINS, COLORADO, home rule municipalities
("Cities"), and LOHF SHAIMAN JACOBS HYMAN & FEIGER PC ("Consultant').
WHEREAS, the Cities and the Consultant entered into an Agreement for Professional
Services dated January 13, 2006, together with a First Amendment dated May 1", 2006, for a
project to/known as legal services for review of Airport Rules and Regulations and Airport
Minimum Standards, preparation of an Ordinance related to the Fort Collins/Loveland Municipal
Airport, as described in Exhibit A thereto, "Scope of Services," the ("Project'); and
WHEREAS, Cities desire to amend the Agreement to expand the scope of services to be
provided by Consultant to include completion of drafting of forms of Hangar Ground Lease for
use by the Cities, and further amendments to the proposed Airport Minimum Standards and
Rules and Regulations.
WHEREAS, Consultant desires to provide those services to Cities.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
1. Services. Cities agree to retain Consultant to provide the services set forth in
Exhibit B, attached hereto and incorporated herein by reference ("Services"), and Consultant
agrees to so serve. Consultant warrants and represents that it has the requisite authority,
capacities, experience, and expertise to perform the Services in compliance with the provisions
of this Second Amendment to Agreement and all applicable laws and agrees to perform the
Services on the terms and conditions set forth herein. Cities reserve the right to omit any of the
Services identified in Exhibit B upon written notice to Consultant.
2. Compensation. Cities agree to pay Consultant a sum not to exceed Five Thousand
Dollars ($5,000.00), as adjusted to reflect the omission by Cities of any of the Services set forth
in Exhibit B. Cities shall make payment upon receipt and approval of invoices submitted by
Consultant, which invoices shall be submitted to Cities not more frequently than monthly and
which shall identify the specific Services performed for which payment is requested.
3. Term. The Term of this 1-ir-r# Amendment to Agreement shall be from the date
first written above until August 31, 2007, unless extended by written agreement of the parties.
4. Terms of Agreement Apply. Except as provided above, the Agreement and each
of its terms and conditions, and all Exhibits thereto, shall remain in full force and effect with
respect to this First Amendment to Agreement, and shall not be amended hereby.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
',,�� CITY OF LOVELAND, COLORADO
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APPROVED AS TO FORM:
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CONSULTANT:
LOHF SHAIMAN JACOBS HYMAN & FEIGER PC
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STATE OF COLORADO
CITY AND COUNTY OF DENVER
Jane M. Harm, Secretary
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The foregoing Agreement was acknowledged before me this <' day of 007 by
Jane M. Harm, as Secretary of the corporation. ��� \p E! A4?4
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Witness my hand and official seal. 1
My commission expires �7/i31 /0 ? d-
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Ufi ^rmmission = ^m- Sect i. ;:
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EXHIBIT B
TO
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
LOHF SHAIMAN JACOBS HYMAN & FEIGER PC
ATTORNEYS AT LAW
900 CHERRY TOWER
950 SOUTH CHERRY STREET
DENVER, COLORADO 80246-2666
FACSIMILE 303.753.9997
TELEPHONE 303.753.9000
www.lohfshaiman.com
J. MICHAEL MORGAN, Exr. 227
mmor nn0lohfshaiman.com
ALSO ADMITTED IN WYOMING
June 7, 2007
VIA FACSIMILE: (970) 962-2855
AND FIRST CLASS MAIL
David Gordon, Airport Director
Fort Collins/Loveland Airport
4900 Earhart Road
Loveland, Colorado 80538
Re: Proposed Scope of Work for Second Amendment to Professional Services Agreement
Our File No: 5204.00
Dear Dave:
Thank you for requesting a proposal for legal services regarding further drafting and review of
forms of hangar ground lease, and additional amendments to the Airport Minimum Standards
and Rules and Regulations.
We will work on an hourly basis, and my hourly rate for airports is $195/hour. A copy of our
firm's standard fee standards was previously provided. The actual hours worked will depend to
some degree on the level of review desired by the Airport, and the level of back -and -forth
discussion and re -writing that is encountered. With this in mind, my good faith time estimate is
as follows:
I . Report, research, discussions and conference calls regarding hangar ground lease
forms, and amendments to Airport Minimum Standard and Airport Rules and Regulations: 5 -10
hours.
2. Amendments to hangar ground lease forms, Minimum Standards and Rules and
Regulations: 7.5-15 hours.
David Gordon, Airport Director
Fort Collins/Loveland Airport
Re: Proposed Scope of Work for Legal Services
June 7, 2007
Page 2
The above estimate assumes no on -site visits, attendance at Council meetings or direct
negotiations with prospective tenants.
Unless instructed in writing by the Airport, the high -end of the time range set forth above will be
a "not to exceed" number of hours, which is 25 hours. At a rate of $195 per hour, this equals a
not to exceed amount of $5,000. I will do my best to efficiently draft, review and/or provide
suggestions regarding the documents within the time limit established.
I understand that this proposal will be attached as an exhibit to a Second Amendment to
Professional Services Agreement.
Very truly yours,
ACOBS HYMAN & FEIGER PC