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HomeMy WebLinkAboutC14-098 GMCO Corporation First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND GMCO CORPORATION,INC. reflaVtal 21)r THIS FIRST AMENDMENT("First Amendment") is effective as of theday of Deeer , rrb 204-3 by and between GMCO Corporation, Inc., a Colorado corporation(hereinafter"Vendor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS, County and Vendor entered into an agreement dated the 25th day of November, 2013, for the provision by Vendor of certain Crack Fill Material to the County (the "Original Agreement"); and WHEREAS,the Original Agreement provides that the term of the agreement shall commence upon execution of the agreement by both parties, and that it shall continue in full force and effect until the Crack Material is delivered, accepted by County and title passes to the County; and WHEREAS, the Original Agreement also provides that Vendor shall deliver the Crack Fill Material to the County no later than November 30, 2013; and WHEREAS, the Vendor has delivered only a portion of the Crack Fill Material to the County and the parties desire to extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Original Agreement to allow for delivery of the remaining Material as contemplated by the Original Agreement. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. Paragraph 5.1 of the Original Agreement shall be deleted and replaced with the following: 5.1 Vendor shall deliver the Crack Fill Material to the County no later than November 30, 2014. 2. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with,modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 1 CI`f-ORr, 3. Except as expressly altered, modified and changed in this First 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. This First 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 the Original Agreement the day and year first above written. EAGLE COUNTY, COLORADO by and through its County Manager BY: � �� Keith Montag, County Man. er VENDOR By: 'rint N.. J;1c-�a1V At�l�a'�SE f7 -/ Title: $"n rc�f`acy21� li 2