Amendment to Service Agreement for The BrightView Executive Savings Plan between BrightView Landscapes, LLC and Fidelity Management Trust Company
This amendment updates the Service Agreement between BrightView Landscapes, LLC and Fidelity Management Trust Company for the BrightView Executive Savings Plan. It changes the employer and plan names to reflect BrightView's current identity, effective January 1, 2017. Additionally, it introduces a new annual special fee of $3,300, prorated and charged quarterly to participants with a balance, effective October 1, 2022. Both parties have agreed to these changes as of December 13, 2022.
Exhibit 10.5
December 6, 2022
Fidelity Investments
245 Summer Street, V7B
Boston, MA 02210
WI Strategy and Planning, Contracts
Dear Fidelity:
This letter relates to the Service Agreement for The BrightView Executive Savings Plan entered into between BrightView Landscapes, LLC (“Employer”) and Fidelity Management Trust Company (“Fidelity”) (the “Agreement”). The parties intend and agree that this letter shall constitute an amendment to the Agreement.
WHEREAS, the Employer has informed Fidelity that effective January 1, 2017 the name “The Brickman Group, Ltd. LLC” as the Employer has changed to “BrightView Landscapes, LLC”, and all references thereto should be changed accordingly;
WHEREAS, the Employer has informed Fidelity that effective January 1, 2017 the name of the Plan has changed from “The Brickman Group, Ltd. LLC Executive Savings Plan” to “The BrightView Executive Savings Plan”, and all references thereto should be changed accordingly; and
The parties now desire to amend said Agreement as follows:
Additional Special Fee | $3,300 annual fee (this fee is prorated and charged quarterly, deducted per capita from participants with a balance at the end of the quarter) |
Plan# 44418 1 Confidential Information
Exhibit 10.5
By signing below, the undersigned represent that they are authorized to execute this document on behalf of the respective parties. Notwithstanding any contradictory provision of any Agreement, each party may rely without duty of inquiry on the foregoing representation.
BrightView Landscapes, LLC
By: /s/ Katherine Canty
(Signature of Authorized Individual)
Name: Katherine Canty
Title: VP, Comp & Benefits
Date: 12/13/2022
A copy of this letter will be returned to Employer after it has been countersigned by Fidelity.
Agreed to and accepted by:
Fidelity Management Trust Company
By: /s/Jayant Kacholiya
(Signature of Fidelity Authorized Individual)
Name: Jayant Kacholiya
Title: SVP/Workplace Services Relationship Management
Date: 12/13/2022
Plan# 44418 2 Confidential Information
