HomeMy WebLinkAboutC15-460 Town of Vail IGAFTTTH AMENDMENT TO AGREEMENT EETWF,EN EAGLE COTJNTY, COLORADO AI\D TOWN OFVAIL REGANDNG RECYCLE DROP OFF SITE /rC^ lFfS fItrPIH AI]iENDMENT ('Fifttr Aman&nent") is effective c of the D day of 2015 betrvecn Eaglc County, Colorado, located at 500 Broadway, Eagle, CO I 163l ('tounty") and Town of Vail, Colorado a municipal coqnration, located at 75 Souttr Frontage Road, Vail, CO 81658 ('Town*). TtrITNESSETE: WHEREAS, County and Town cntcrod into an Agrcement datcd November 23, 2010 conerning thc Town of Vail Rocyclc Drop OffSite ('Original Agreement'); and WEER.EAS, thePartics entered into a First Amendmcnt dated Decernber 29,2411, a Scond Amen&ncnt dated November 30,2012,a Third Amcn&nent datcd Januuy 1,2014, and a Fourtr Amen&nsnt datcd January l, 2015 to extend the term of the Origind Agreement for corsecttive oneyearpaiods; and WHEREAS, the partics dcirc to extend the term of the Original Agreemcnt for an additional ono-year period on the same tcrnrs and conditions as sct forth in the Original Ageenrcnt NFTHAIIIENDMENT NOW THEREFORE, in considcruion of thc foregoing prenrises and the fotlowing promises, County ard Town a€rcc to anrcrd thc Original Agrunant as follows: l. Paragraph 5 of 0re Original Agreernent will be deleted and replaced with the following: "If not previously terminated as set forth herein, this Agreement shall tcrminate on Decernb€r 3l , 2016. The Agrecmcnt may be rcncwed annrrally by mutual writcn agecm€nt of the parties." 2. Capitalized tcrms in this Fifth Ameirdrnent will have the same meaning as in the Original Agrcanent To the ortcnt that thc t€nns and plovisions of Oris Fifth Amcn&ncnt conflict with modify or zupplcrncnt portiors of the Original Agrcerncrt, tre teirns and provisions contairrcd in this Fiffh Amen&nent shall govcrn and control the rights and obligations of thc parties. 3. Exccpt as opressly alterod, modified and changed in this Fifth Amen&nent, dl terms ard provisions of fic Original Agrcnrcnt shdl remain in full forcc ard cffect, and are lrcrdy ratified and confirmcd in all rcspects as of the date hereof ragreCounq-ffi-._-----'-C15-460 4. Tbis Fifttr Amcn&nent shdl bc binding on thc paties hereto, thcir heirs, cxocutors, successors, and assigrs. IN WTINESS WHEREOF, 0re partics hseto have executed this Fifth Amendment to thc Original Agreancnt the day and year first above wriccn. COI.JNTY OF EAGLE, STATE OF COIORADO, By and By: TOWN OFVAIL, STATE OFCOLORADO By its Town By: , Town Managcr