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HomeMy WebLinkAboutC12-105 Western Eagle County Metropolitan District First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AND WESTERN EAGLE COUNTY METROPITAN DISTRICT THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this 13 day of March, 2012, between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "County") and Western Eagle County Metropolitan District, (hereinafter referred to as "District "). WHEREAS, County and District entered into an Agreement dated July 5, 2011 ( "Original Agreement "); and WHEREAS, County and District wish to extend the term of the Original Agreement for an additional one year term; and WHEREAS, County and District wish to remove the requirement from the Original Agreement that District staff clean the sheriff substation in the field house because County now contracts with a third -party cleaning company to clean the same. NOW, THEREFORE, County and District agree that the Original Agreement is hereby amended as follows: 1. The term of the Original Agreement is extended to December 31, 2012. 2. Paragraph 1 (B), subsection 4 shall be deleted in its entirety. 3. Paragraph 3 (h) shall be deleted in its entirety. 4. Paragraph 6 shall be deleted in its entirety and replaced with the following language: 6) INDEPENDENT CONTRACTOR It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. The District shall be, and perform as, an independent contractor. No agent, subcontractor, employee, or servant of the District shall be, or shall be deemed to be, an employee, agent or servant of the County. The District shall be solely and entirely responsible for its acts and for the acts of the District's agents, employees, servants and subcontractors during the performance of this Agreement. 5. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. G: \MAINTENANCE \Service Agreements \WECMRD Maint \Main Agreement \2012 \1st Amendment WECMRD service.docx • c 6. 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 is B • .r• o Co / , missioners ATTEST: i — / `1 :.. ;u yon, Chairman By: .r , Clerk to the Board o ti County Commissioners ocaR�o� )., t DK.Avi1 WESTERN EAGLE COUNTY METROPOLITAN DISTRICT I. By: --.4 / Ex Pi 4 Bi: Seer' G: \MAINTENANCE \Service Agreements \W ECMRD Maint \Maint Agreement \2012 \1st Amendment WECMRD service.docx