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HomeMy WebLinkAboutC15-340 Cummins Rocky Mountain LLC Second Amendment-5 SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CUMMINS ROCKY MOUNTAIN, LLC THIS SECOND AMENDMENT ( "Second Amendment') is effective as of the 31 day of ° , 2015 by and between Cummins Rocky Mountain, LLC, a 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 18th day of October, 2013, for certain Services (the "Original Agreement'); and WHEREAS, by the First Amendment dated September 12th, 2014, the term of the Original Agreement was extended to October 18th, 2015; and WHEREAS, the term of the Original Agreement expires on the 18th day of October, 2015 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. SECOND AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: The Original Agreement shall be amended to extend the term to the 18th day of October, 2016. 2. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. Except as expressly altered, modified and changed in this Second 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 Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] CIS -3`10 i IN WITNESS WHEREOF, the parties hereto have executed this Second 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: Brent McFall, C unty Manager CONTRACTOR: CUMMINS ROCKY MOUNTAIN, LLC By: Print Name: ' T A . Title: s ,eb!efttl ah>t!'$/`T cm%Ct� IEUghc 2 G:lMADTITNANCE \Service Ageewufs\E —g..y Cmaentomk -El Jebel Connu Center- MSOW151Cunnains Rudy Mountain Second Atnendmem FINAI -.docx