HomeMy WebLinkAboutC16-408 Cummins Rocky Mountain LLCTHIRD AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
CUMMINS ROCKY MOUNTAIN, LLC
THIS THIRD AMENDMENT (“Third Amendment”) is effective as of the _______ day of
____________, 2016 by and between Cummins Rocky Mountain, 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 18th day of October,
2013, for certain Services (the “Original Agreement”); and
WHEREAS, by a First Amendment dated the 12th day of September, 2014, the term of the
Original Agreement was extended to the 18th day of October, 2015; and
WHEREAS, by a Second Amendment dated the 31st day of August, 2015, the term of the
Original Agreement was extended to the 18th day of October, 2016; and
WHEREAS, the Original Agreement contemplated that the Contractor would perform certain
Services with compensation in an amount not to exceed two thousand four hundred sixty six and
50/100 dollars ($2,466.50). In the event Contractor and County agree upon the need for
additional maintenance or repair services beyond the services described in Exhibit A, those
services shall be billed at a rate as described in Exhibit A, plus material costs. Total
compensation under this Agreement shall not exceed five thousand four hundred sixty six dollars
($5,466.00) without a written amendment to this Agreement; and
WHEREAS, the County desires to have Contractor perform additional Services for additional
compensation as set forth below; and
WHEREAS, the term of the Original Agreement expires on the 18th day of October, 2016, and
the parties desire to extend the term for an additional year.
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 include Services as described in Exhibit
A3, which is attached hereto and incorporated herein by reference.
2. The compensation for the Services set forth in Exhibit A3 shall not exceed two
thousand five hundred forty one and 50/100 dollars ($2,541.50). In the event
Contractor and County agree upon the need for additional maintenance or repair
services beyond the services described in Exhibit A3, those services shall be billed at
DocuSign Envelope ID: A737A8F5-6367-4475-8711-F2D1A33B4294
C16-408
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a rate as described in Exhibit A3, plus material costs. Total compensation under this
Agreement shall not exceed five thousand five hundred forty one dollars ($5,541.00)
without a written amendment to this Agreement.
3. The term of the Original Agreement is hereby extended to the 18th day of October,
2017.
4. 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.
5. 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.
6. This Third Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
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: ______________________________
Brent McFall, County Manager
CONTRACTOR:
CUMMINS ROCKY MOUNTAIN, LLC
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
DocuSign Envelope ID: A737A8F5-6367-4475-8711-F2D1A33B4294
DocuSign Envelope ID: A737A8F5-6367-4475-8711-F2D1A33B4294
DocuSign Envelope ID: A737A8F5-6367-4475-8711-F2D1A33B4294
