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HomeMy WebLinkAboutC18-287 Rocky Mountain Elevator ServiceSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ROCKY MOUNTAIN ELEVATOR SERVICE, LLC THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _________________, by and between Rocky Mountain Elevator Service, 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 15th day of November, 2016, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated November 15th, 2017 the term of the Original Agreement was extended to November 27th, 2018; and WHEREAS, the term of the Original Agreement expires on the 27th day of November, 2018 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: 1. The Original Agreement shall be amended to extend the term to the 27th day of November, 2019. 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. 3. 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] DocuSign Envelope ID: 2E28E92A-C1AB-42D1-B0C2-98138E6D3CCF 10/6/2018 2 G:\Andy\Contract Final Drafts\Rocky Mountain Elevator\2nd\Rocky Mountain Elevator Service.Second Amendment.DRAFT.docx 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: ______________________________ Jeff Shroll, County Manager CONTRACTOR ROCKY MOUNTAIN ELEVATOR SERVICE, LLC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 2E28E92A-C1AB-42D1-B0C2-98138E6D3CCF Mark Nothnagel Owner/operator