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HomeMy WebLinkAboutC13-035 The Conservation Fund First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE CONSERVATION FUND This First Amendment ( "Amendment ") between the EAGLE COUNTY, COL RADO and The Conservation Fund ( "Consultant ") is made to be effective on theL -✓ day ofd "'i� ''';� , 2013. RECITALS WHEREAS, Eagle County and Consultant entered into an Agreement dated September 11, 2012 for consulting services (the "Original Agreement "); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed $250,000; and WHEREAS, Eagle County and Consultant desire by this Amendment to expand the duties and compensation set forth in the Original Agreement. AMENDMENT NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the parties agree as follows: 1. Section 1.1 of the Original Agreement shall be amended to include additional services as described in Exhibit A, which is attached hereto and incorporated herein by reference. 2. Section 4.1 of the Original Agreement shall be amended to reflect an additional thirteen thousand two hundred eighty -five dollars and forty nine cents ($13,285.49) in compensation or a total maximum contract amount of two hundred and sixty three thousand two hundred and eighty five dollars and forty nine cents ($263,285.49). 3. Eagle 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, and are hereby ratified and confirmed in all respects as of the date hereof. 4. If any conflict exists between the provisions this Amendment and the Original Agreement, the provisions this Amendment shall control. 5. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. L IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the day and year first above written. EAGLE COUNTY, COLORADO By and through the Eagle County Manager B • , - Keith P. Montag, County M. • • ger The Conservation Fund, Inc By: C -1/) 1 (11/161 Title: U V / V 1 UZG C7 V/ 1 C t.& STATE OF 6, kra-AD COUNTY OF ' IGl V ) SS. 'g.9‘..) Tom ,......, The foregoing instrument was acknowledged b fore me by 5. b 2 , this E! ••. of ` (No , 2013 by C' of th Co rvation F Ln ;OZ 1 N KY My commission expires: itii,gpc ' - �'-- 42. ..'°uBL%C . tary Public OF FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE CONSERVATION FUND - Exhibit A The Colorado River Ranch Project incurred higher than expected transaction costs due to lengthy and complicated negotiations with the landowner, extensive grant requirements imposed by Great Outdoors Colorado, the requirement to obtain public access approval from the Public Utilities Commission, and greater than anticipated legal fees. All Project costs are attached hereto. THE CONSERVATION FUND EXHIBIT A - SUMMARY OF PROJECT COSTS Colorado River Ranch, CO Direct Costs Appraisal $11,000.00 Environmental Assessment 7,005.25 Legal 40,925.00 Postage & Shipping 70.40 Photocopying & Printing 153.14 Mapping 2,700.00 Office Supplies 75.85 Travel 2,191.85 Closing Costs 1,182.00 Subtotal Direct Costs 65,303.49 GOCO Reimbursement (22,018.00) Direct Costs Remaining 43,285.49 Indirect Costs /TCF Overhead 220,000.00 (4 % OT $5,500,000) Total Project Costs $263,285.49 Original Contract Amount ($250,000.00) Amount Due: $13,285.49 PLEASE REMIT TO: The Conservation Fund Attention: Sydney Macy 1942 Broadway, Suite 323 Boulder, Colorado 80302