HomeMy WebLinkAboutC14-465 Rocky Mountain Elevator, LLC Fourth Amendment FOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ROCKY MOUNTAIN ELEVATOR, LLC THIS FOURTH AMENDMENT ("Fourth Amendment") is effective as of the Jday of December, 2014 by and between Rocky Mountain Elevator, LLC a Colorado Limited Liability Company(hereinafter"Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS,County and Contractor entered into an agreement dated the 17th day of December, 2010, for certain Services (the"Original Agreement"); and WHEREAS,by First Amendment dated November 21, 2011,the term of the Agreement was extended to December 31, 2012, and WHEREAS,by Second Amendment dated November 28, 2012,the term of the Agreement was extended to December 31, 2013; and WHEREAS,by Third Amendment dated November 6, 2013,the term of the Agreement was extended to December 31, 2014; and WHEREAS,the term of the Original Agreement expires on the 31st day of December, 2014 and the parties desire to extend the term of the Original Agreement on the same terms and conditions as set forth in the Original Agreement. 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. The Original Agreement shall be amended to extend the term to the 25th day of November, 2015. 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 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. [Rest of Page Intentionally Left Blank] I 2 G:\MAINTENANCE\Service Agreements\Elevator\Rocky Mtn Elevator\Agreement\Fourth Amendment 2015\Rocky Mm Elevator Fourth Amendment FINAL.docx IN WITNESS WHEREOF,the parties hereto have executed this Fourth Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Throuuggh�Its COUNTY MANAGER By: Rachel Oys,Acting Coun anager CONTRACTOR: ROCKY MO TA ELEVATOR,LLC By: Print Name: Aav-k- " °44-ki C'% Title: &Ali k 3 G:\4AINTENANCE\Service Agreements\Elevator\Rocky Mtn Elevator\Agreement\Fourth Amendment 2015\Rocky Mm Elevator Fourth Amendment FINAL.docx