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HomeMy WebLinkAboutC14-360 JC Construction & Excavation, Inc. Third Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND JC CONSTRUCTION&EXCAVATION, INC. THIS THIRI .AMENDMENT ("Third Amendment")is effective as of the l -1-- day of et1. , 2014 by and between JC Construction&Excavation,Inc. a Colorado orporation(hereinafter"Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS,County and Contractor entered into an agreement dated the 29th day of September, 2011, for certain Services (the "Original Agreement"); and WHEREAS,by the First Amendment dated October 26, 2012,the term of the Original Agreement was extended to September 29, 2013; WHEREAS,by the Second Amendment dated October 9, 2013,the term of the Original Agreement was extended to September 29, 2014; WHEREAS,the term of the Original Agreement expires on the 29th day of September, 2014 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. 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 29th day of September, 2015. 2. 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. 3. 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. 4. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. Nif.'5(40D 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: i Keith P. Montag, County Man._-r CONTRACTOR JC CONSTRUCTION&EXCAVATION, INC. By: Print Name: 14 p C I v.4 re yr, et rr d Title: Qre_g, c�e.>r►i 2 G:\MAINTENANCE'Service Agreements\Excavation\2014UC Construction Third Amendment FINAL.docx