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HomeMy WebLinkAboutC21-162 A-Peak AsphaltFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND A-PEAK, INC. d/b/a A-PEAK ASPHALT, INC. THIS FIRST AMENDMENT (“First 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 26th day of April, 2020, for certain Services (the “Original Agreement”); and WHEREAS, the term of the Original Agreement expires on the 20th day of July, 2021 and the parties desire to extend the term of the Original Agreement for an additional year on the terms and conditions as set forth in Original Agreement. FIRST 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, 2022. 2. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A1. 3.Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 4.Except as expressly altered, modified and changed in this First 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. 5. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. DocuSign Envelope ID: AEF12DD3-6347-4E41-A098-44F962E7D874 5/28/2021 C21-162 2 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR A-PEAK ASPHALT, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: AEF12DD3-6347-4E41-A098-44F962E7D874 Bruce Yanke Vice President A1EXHIBIT DocuSign Envelope ID: AEF12DD3-6347-4E41-A098-44F962E7D874