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HomeMy WebLinkAboutC04-223 Stevens Home Care~I - ~~~ - ~S"c~ FIRST AMENDMENT TO THE AGREEMENT FOR ADDITION, MAINTENANCE, AND REMOVAL OF TWO (2) TEMPORARY ACCESS POINTS OFF OF MILLER RANCH ROAD AND FOR INSTALLATION OF PERMANENT CURB AND GUTTER THIS FIRST AMENDMENT made and entered into this day of ~'4` , 2004 b and between the Count of Ea le State of Colorado, a b~co orate and olitic, by Y Y g~ Y~ p and through its Board of County Commissioners (hereinafter "County") and Stevens Home Care (hereinafter "SHC"). RECITALS WHEREAS, the County and SHC entered into an Agreement for Addition, Maintenance, and Removal of Two (2) Temporary Access Points Off of Miller Ranch Road and for Installation of Permanent Curb and Gutter, dated January 21, 2003 (hereinafter "Agreement"); and WHEREAS, the Agreement requires that SHC remove two (2) temporary curb ramps off of Miller Ranch Road (to the north and south side of the road at station 56+59 to 56+89) as depicted in Exhibit "A" attached hereto and incorporated by reference and install permanent curb and gutter in their stead; and WHEREAS, the parties desire to amend the Agreement to require SHC to remove and replace with permanent curb and gutter only the temporary curb ramp located on the north side of Miller Ranch Road; and WHEREAS, SHC shall no longer be obligated to remove and replace with permanent curb and gutter the temporary curb ramp located on the south side of Miller Ranch Road; and WHEREAS, Section 16 of the Agreement provides that the Agreement may be amended only in writing, and executed by duly authorized representatives of the parties; and AGREEMENT NOW THEREFORE, in consideration of the terms and conditions of the Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows: The second Recital of the Agreement is hereby amended to read as follows: "WHEREAS, SHC is obligated to remove the temporary curb ramp at the access point located on the north side of Miller Ranch Road and all gates and install permanent curb and gutter at the access point located on the north side of Miller Ranch Road, consistent with and of the same quality as the existing curb and gutter, prior to August 1, 2004 or upon termination of SHC's lease with the Eagle County School District RE-SOJ, whichever event occurs first; and" 2. The third Recital of the Agreement is hereby amended to read as follows: "WHEREAS, SHC is obligated to pay for the costs of additional signage and the cost of removing the curb ramp at the access point located on the north side of Miller Ranch Road and installing permanent curb and gutter at the access point located on the north side of Miller Ranch Road; and" 3. Section 1 of the Agreement is hereby amended to read as follows: "TERM. This Agreement shall commence on the 21St day of January, 2003 and shall continue until such time as the terms of this Agreement are satisfied. SHC shall satisfactorily complete all Improvements required under this Agreement prior to August 1, 2004 or upon termination of SHC's lease with the Eagle County School District RE-SOJ, whichever event occurs first." 4. Section 3(A) of the Agreement is hereby amended to read as follows: "SHC shall pay for all of the costs of additional signage. SHC shall further be required, at its sole cost and expense, to remove the temporary curb ramp at the access point located on the north side of Miller Ranch Road and all gates and to install permanent curb and gutter at the access point located on the north side of Miller Ranch Road, consistent with and of the same quality as the existing curb and gutter (collectively the "Work")." Section 3(F) of the Agreement is hereby amended to read as follows: "The Work shall be completed prior to August 1, 2004 or upon termination of SHC's lease with the Eagle County School District RE-SOJ, whichever event occurs first." 6. Section 3(G) of the Agreement is hereby deleted in its entirety. 7. Section 6 of the Agreement is hereby deleted in its entirety. 8. Except as herein expressly amended or supplemented, the terms and conditions of the Agreement shall remain in full force and effect. 9. If any conflict exists between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control. 10. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first above written. 2 COUNTY OF EAGLE, STATE OF COLORADO, ~' and Through Its BOARD OF COUNTY `COMMISSIONERS Cler to the Board Tom C. Stone, Cha an County Commissi „ia~ers ,. STATE OF COLORADO ) )ss County of ~~ ~i ) STEVENS HOME CARE By: Name: INS i c ~-+. l ~ v ~ ~ ~ Title: ~ ~ '~-'~ The foregoing was acknowledged before me this ~~~ day of ~~(,^ ~y , 2004 by MILi~-~~ Y~i l-~L-~..iS as ~~~L~~:~ of Stevens Home Care. WITNESS my hand and official seal. r., ,,, ,n. ~r..,•tv , My commission expires ~.w= - ....~ -~~~'~ ~~~~~_~%~ ~J~~.~ ~_ / \ \ ~ u\~ ~ti ~~ \ 1) H018ZONTAL TIE END ~~ ~ ~~ ~ ~ \ TO ENC MILER RQA1A ~ ,: \N8T14'24"E - 21.24'. ~ >` ~ i f .. t. INSTALL CURB RAMP ~~~ TYPE 1 (SEE DETAIL) ~ ~ /f . ~ ' - . ~ • - ! # 1 ~~ SCFIOOL / DRIVEWAI ti» \ \ ~ f sT • 54+06.61 (SEE oEraL SHEET 02.24) ~ ~~ ~ . ., • ~ ~ ~ • ,,. _ aKVlxr 6 ~ \ ~ ~~ . F~ •.. 18~oPE(w/FES)-Z30'02.9f~ \ - . INV w=296.50, srA: s4+47.94, 20•L (MNLI ~ ~ ~ / MN OUT• STA: 2+98.31 ~ 1 TL (~I~ ~ \ 5 . ,~ ,~. .. TEMIPOrsARY sror~ c~lEac -- -~- s ~ 58+4Q ~,. 1-- '~ ~ . ~ OiAMI AT VERT NrI.ET~YP-~ ~ ' ~: , ~~ ~ GRAVEL ~ / ~ ` `~ ~ ~ r ,~ ~ _ oAO 5 ~ ~ ~;,_ ~--- CONfTINUATgN TO t7S 6 f ~ ~! Q ,~~,~ ~. --~ ~ ~R~IP06ED STREET LK:FfT ENO TYPE 2 I~BASE SECTION N8 LIGHT BY OTHERS STA: 56+67. SfA: 54+21. 35.5'R --_. x ~ ' /~ ~,. ~ ~~ .. ~- '~ '~ ~ t ~~ f` l _ ~• ~~ ~/ . ~ •