No preview available
HomeMy WebLinkAboutC14-014 WM Recycle American First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND WM RECYCLE AMERICA,LLC 141 Zu THIS FIRST AMENDMENT ("First Amendment") dated this day of I3eeentbe.-2013 is between Eagle County, Colorado, a body corporate and politic ("County") and WM Recycle America, LLC, a Colorado limited liability company with is principal place of business at 2400 West Union Avenue, Englewood, CO 80110 ("Contractor"). WITNESSETH: WHEREAS, County and Contractor entered into an agreement dated the 27th day of August, 2013, for brokerage and transportation of baled recycled material to end-user/mill from the Eagle County Recycled Materials Recovery Facility(MRF) located at 605 Ute Creek Road, Wolcott, Colorado (the"Agreement"); and WHEREAS, County and Contractor desires to amend the Agreement by the terms of this First Amendment to extend the term of the Agreement and to make other minor revisions to the Agreement. FIRST AMENDMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: 1. Paragraph 4. B. of the Agreement is hereby deleted and replaced with the following: "The Agreement shall commence July 31, 2013 and continue through December 31, 2013 (the"Term"). This Agreement shall renew, subject to the terms and conditions of this Agreement, commencing January 1, 2014 and shall continue through December 31, 2014 ("First Renewal Term"). This Agreement may thereafter be renewed annually upon the same terms and conditions as set forth herein by mutual written agreement to renew between County and Contractor(each a"Renewal Term"). 2. Capitalized terms in this First Amendment will have the same meaning as in the Agreement. To the extent that the terms and provisions of this First Amendment conflict with, modify or supplement portions of the Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered,modified and changed in this First Amendment, all terms and provisions of the Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 4. This First Amendment shall be binding on the parties hereto,their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this First Amendment this 34:5 day of December, 2013. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Sara J. Fisher, hairman CONTRACTOR: WM Recycle America, LLC BY: _ i Its: s$T � X r 2