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HomeMy WebLinkAboutC06-012 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENl FOR THE RESALE OF HOMES AT MILLER RANCH This First Amendment to the %?fessional Service Agreement for the Resale of Homes at Miller Ranch ("Agreement") dated as this ~ day of :::{It;JJUNU{ , 2006, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County"), and ASW Realty Partners, a licensed real estate brokerage fmn authorized to conduct business in Colorado ("Consultant") \VHEREAS, the COlll1ty entered into an agreement with the Consultant on April 26, 2005 which designated the County's staff duties associated with the resale of units at the Miller Ranch Housing complex as set forth in the current Miller Ranch Housing Guidelines ("Guidelines") and Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing ("Deed Restriction") and as more particularly outlined in Section 1.1 of the Agreement; and WHEREAS, the Agreement is scheduled to terminate December 31, 2005; and WHEREAS, the COlll1ty desires that the Consultant continue the services as outlined in the Agreement lll1der Section 1.1. NOW, THEREFORE, in consideration of the mutual promises set forth herein and in the Agreement, the parties agree to amend the Agreement as follows: 1. The Agreement is extended on a month to month basis. This Agreement may be tenninated by either party for any reason at any time with or without cause as set forth in Section 4 of the Agreement. Any such termination shall be effected by delivery to the non-tenninating party written notice of termination specifYing the date upon which tennination becomes effective. In such event, the Consultant shall be compensated for all work satisfactorily completed up to the date oftennination. Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, pmvided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 2. Except as herein expressly amended, the terms and conditions ofthe Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by and through its ATTEST: OF COUNTY COMMISSIONERS By: COlll1ty Commissioners ASW Realty Partners By: