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HomeMy WebLinkAboutC11-177 Menendez Architects First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AND MENENDEZ ARCHITECTS P.C. THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this 3 L t day of t'14.-1 2011, between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "County") and Menendez Architects P.C., an architectural and engineering design firm with its principal place of business at in Aspen, Colorado, with a mailing address of 715 W Main St Ste 104, Aspen, CO 81611 -1659 ( "Consultant "). WHEREAS, County and Consultant entered into an Agreement dated April 13, 2010 (Eagle County Ref # (C 10 -093)) ( "Original Agreement "); and WHEREAS, the Original Agreement provided for the extension of the one year term and the Parties now desire to so extend the Original Agreement; and WHEREAS, the County is now desirous of amending the terms of the Original Agreement and Consultant is willing to perform the same under the terms and conditions of the Original Agreement and this Amendment; and THEREFORE, in consideration of the terms and conditions of the Original Agreement and this Amendment, the sufficiency of which is hereby acknowledged, County and Consultant agree that this Amendment shall replace and supersede those section(s) of the Original Agreement as modified herein. 1. Section 2, Term of Agreement, Paragraph 2.1 shall be deleted in its entirety and be replaced with the following language: This Agreement shall commence on April 13, 2011, and subject to the provisions of Section 2.2 hereof, shall continue in full force and effect until April 13, 2012. This Agreement may be extended for one additional term year beyond the time referred to in this Section 2.1 on terms and conditions as may be mutually agreed between the parties by written amendment to this Agreement. 2. County and Consultant agree that, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect during the modified term, and hereby are ratified and confirmed in all respects as of the date hereof. 3. If any conflict exists between the provisions this Amendment and the Original Agreement, the provisions this Amendment shall control. 4. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and through its County Manager � / BY: ' eith P. Montag, Cou ' Manager Menendez ' r -cts P.C. I By: // //, 4 .y ; ''r"` - sident STATE OF CO U'" ) SS. COUNTY OF PA k\ ✓` ) The foregoing instrument was acknowledged before me by I , this 1 day of Mul , 2010. zo ll My commission expires: 1 1 /UP-1 /20I3 4 � Notary Public ERLINDA M. MOREHEAD NOTARY PUBLIC STATE OF COLORADO My Commission Expires 11/04/2013