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HomeMy WebLinkAboutC12-150 Menendez Architects P.C. Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AND MENENDEZ ARCHITECTS P.C. THIS SECOND AMENDMENT ( "Second Amendment ") is made and entered into thisbday of l po,1t. 2012, 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 # (C10-093)) ( "Original Agreement "); and WHEREAS, the Original Agreement provided for the extension of the one year term and the parties extended the term through a first amendment to the Original Agreement ( "First Amendment ") dated May 31, 2011; and WHEREAS, the First Amendment provided for the extension of the term; and WHEREAS, the County now desires to further extend the term of the Original Agreement and Consultant is willing to perform the same under the terms and conditions of the Original Agreement and this Second Amendment; and NOW THEREFORE, in consideration of the terms and conditions of the Original Agreement and this Second Amendment, the sufficiency of which is hereby acknowledged, County and Consultant agree that this Second 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, 2012, and subject to the provisions of Section 2.2 hereof, shall continue in full force and effect until December 31, 2013. 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 Second Amendment and the Original Agreement, the provisions this Second Amendment shall control. 4. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. CIA -I6 0 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, County M. ' . ger Menendez' • • - cts P.C. By: Lui enendez, President STATE OF CQ Da ) ) SS. COUNTY OF Ea ) The foregoing instrument was acknowledged before me by L -Ts t/en N)E, this 2d day of 4Pg-i c— , 2012. My commission expires: " / 7 -EVt1 / Notary Public KYLE TAYLOR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/31/2014