HomeMy WebLinkAboutC22-167 Bluesky Restoration Contractors_Second AmendmentSECOND AMENDMENT TO AGREEMENT BETWEEN
RIVERVIEW APARTMENTS PRESERVATION, LP
AND
BLUSKY RESTORATION CONTRACTORS
THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ______________ by
and between BluSky Restoration Contractors, a Colorado limited liability company (hereinafter
“Contractor”) and Riverview Apartments Preservation, LP, a Colorado limited partnership
(hereinafter “RAP”).
RECITALS
WHEREAS, RAP and Contractor entered into an agreement dated the 15th day of October 2021,
for certain Services (the “Original Agreement”); and
WHEREAS, the Original Agreement contemplated that the Consultant would perform certain
Services with compensation in an amount not to exceed $148,010 for the original scope of work
and an additional $15,000 in contingency for issues found during construction totaling $163,010;
and
WHEREAS, RAP and Contractor entered into a First Amendment dated December 15, 2021, for
certain Services (the “First Amendment”); and
WHEREAS, the Original Agreement and First Amendment contemplated that the Consultant
would perform certain Services with compensation in an amount not to exceed $239,256.11 for
the original scope of work and an additional $15,000 in contingency for issues found during
construction totaling $254,256.11; and
WHEREAS, the RAP desires to have Consultant perform additional Services for additional
compensation as set forth below in Exhibit A; and
WHEREAS, the term of the Original Agreement expires on the 28th Day of February, 2022, and
the parties desire to extend the term for an additional three months until May 31, 2022.
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 and First Amendment shall be amended to include additional
Services as described in Exhibit 1 to this Second Amendment, which is attached
hereto and incorporated herein by reference.
2. The compensation for the additional Services set forth in Exhibit 1 to this Second
Amendment attached to this Second Amendment shall not exceed $7,896.68 over the
agreed upon First Amendment. Accordingly, the grand total of compensation for the
work to be completed after all change orders are accounted for equals $262,152.79
DocuSign Envelope ID: BDD9E46C-515B-4077-AD60-3F1BB8430904
4/26/2022
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3.The term of the Original Agreement and First Amendment is hereby extended to the
31st day of May, 2022.
4.Capitalized terms in this Second Amendment will have the same meaning as in the
Original Agreement and First Amendment. To the extent that the terms and
provisions of the Second Amendment conflict with, modify or supplement portions of
the Original Agreement and First Amendment, the terms and provisions contained in
this Second Amendment shall govern and control the rights and obligations of the
parties.
5. 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.
6.This Second 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.
Riverview Apartments Preservation LP
By and through Riverview Apartments Preservation
LLC, its general partner
By and through Eagle County Housing and
Development Authority, its sole member
By: _______________________
Jeanne McQueeney, Chair Attest:
By: _____________________________
Regina O’Brien, Clerk
CONTRACTOR
By: _____________________________________
Print Name:______________________________
Title: ___________________________________
DocuSign Envelope ID: BDD9E46C-515B-4077-AD60-3F1BB8430904
Project Director
Michael Clarke
EXHIBIT 1 TO THIS SECOND AMENDMENT
DocuSign Envelope ID: BDD9E46C-515B-4077-AD60-3F1BB8430904
