HomeMy WebLinkAboutC14-117 Menendez Architects Third Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MENENDEZ ARCHITECTS P.C. THIS THIRD AMENDMENT("Third Amendment") is dated this I I day of 1‘Wl7 2014 by and between Menendez Architects P.C., an architectural and engineering design firm (hereinafter"Consultant") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). County and Consultant will collectively be referred to herein as the"Parties." RECITALS WHEREAS,County and Consultant entered into an agreement dated April 13, 2010, for certain Services (the"Original Agreement"); and WHEREAS, the Original Agreement had a term of one year; and WHEREAS, in a First Amendment dated May 31, 2011, the Parties agreed to extend the term of the Original Agreement to expire on April 13, 2012; and WHEREAS, in a Second Amendment dated April 30, 2012, the Parties agree to extend the term of the Original Agreement to expire on December 31, 2013; and WHEREAS, 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, effective as of January 1, 2014. THIRD AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to extend the term to the 31'day of December, 2014. This Agreement may be extended for one additional term year on terms and condition as may be mutually agreed between the parties by written amendment to this Agreement. 2. Total compensation for Consulting Services provided during the term beginning on January 1, 2014 and ending on December 31, 2014, shall not exceed fifty thousand dollars ($50,000)without an amendment to this Agreement signed by both Parties. 3. Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Third Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Third 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. 5. This Third Amendment shall be binding on the parties hereto,their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] 2 Eagle County Amendment Ext Tenn Final 1 i 14 IN WITNESS WHEREOF,the parties hereto have executed this Third Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: .��� /. „ _ Keith P. Montag, County M. ager CONSULTA T I . By: s�. awy- Print Name: 'Ltt1) A. p-evE ,t,,LDE2_. Title: 0,1..61oe fl 3 Eagle County Amendment Ext Term Final 1/14