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HomeMy WebLinkAboutC19-202 A-Peak Inc. dba A-Peak AsphaltTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND A-PEAK, INC. d/b/a A-PEAK ASPHALT, INC THIS THIRD AMENDMENT (“Third Amendment”) is effective as of _________________, by and between A-Peak , Inc. d/b/a A-Peak Asphalt, Inc., a Colorado corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 20th day of July, 2016, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated June 13, 2017, the term of the Original Agreement was extended to July 20, 2018; and WHEREAS, by a Second Amendment dated June 27, 2018, the term of the Original Agreement was extended to July 20, 2019; and WHEREAS, the term of the Original Agreement expires on the 20th day of July, 2019 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. 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 extend the term to the 20th day of July, 2020. 2. 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. 3. 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. 4. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: FD8DEC3E-6676-4CCF-AE78-8C5F483D4B5A 6/7/2019 2 G:\Team Drives\ATT Department\Andy\Contract Final Drafts\A-Peak\3rd\A-Peak Third Amendment.DRAFT.docx IN WITNESS WHEREOF, the parties hereto have executed this First 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 A-PEAK, INC. d/b/a A-PEAK ASPHALT, INC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: FD8DEC3E-6676-4CCF-AE78-8C5F483D4B5A Bruce Yanke President