HomeMy WebLinkAboutC14-155 Daly Property Services Fourth Amendment FOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND DALY PROPERTY SERVICES, INC. '',, - S FOURTH AMENDMENT ("Fourth Amendment")is entered into on the I I��day of 12it ,2014by and between Daly Property Services, Inc., a Colorado corporation (hereinafter"Consultant" or"Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS,County and Consultant entered into an agreement dated 17th day of May, 2011, for certain Services (the"Original Agreement"); and WHEREAS,the term of the Original Agreement was extended to November 15, 2012 by a first amendment dated April 17, 2012 ("First Amendment"); and WHEREAS, the Original Agreement was further amended to expand the scope of services identified in the Original Agreement to include the maintenance and related cost for Eagle County Road and Bridge Facility lawn areas through a second amendment dated July 2,2012 ("Second Amendment"); and WHEREAS,the term of the Original Agreement was further extended to November 15, 2013 by a third amendment dated May 30, 2013 ("Third Amendment"); and WHEREAS,the parties desire to again extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Original Agreement and any amendments thereto. FOURTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below,the parties agree as follows: 1. This Fourth Amendment shall be effective as of November 15,2013. The parties agree that the Original Agreeient, including any amendments thereto, are in full force and effect and the term of the Original Agreement shall be amended to extend the term through the 15th day of November, 2014. 2. Capitalized terms in this Fourth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Fourth Amendment conflict with,modify or supplement portions of the Original Agreement, the terms and provisions contained in this Fourth Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this Fourth Amendment, all terms and provisions of the Original Agreement or any amendments thereto, shall remain in full force and effect,and are hereby ratified and confirmed in all respects as of the date hereof. 4. This Fourth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF,the parties hereto have executed this Fourth Amendment the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER BY: i ./►/1�� �. Keith P. Montag, County .1 alter DALY PROPERTY SERVICES, INC.. By: Print Name:tom/1 I( t a C A to, Title: p tre.„,;-/ d..*(— 2 G:.MAIN fLNANCF Sc,,we Agreements Landscaping•Fl Jdd Community Center 2014 Daly Fourth Amendment FINAI_doc,