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HomeMy WebLinkAboutC22-225 A-Peak_A-Peak Asphalt_Second AmendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND A-PEAK, INC. d/b/a A-PEAK ASPHALT, INC. THIS SECOND 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 26th day of April, 2020, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated May 28th, 2021 the term of the Original Agreement was extended to July 20th, 2022 and; WHEREAS , the term of the Original Agreement expires on the 20th day of July, 2022 and the parties desire to extend the term of the Original Agreement 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 extend the term to the 20th day of July, 2023. 1. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A2. 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. DocuSign Envelope ID: 87A75B78-4B96-4F08-8E9F-DBE95B992DF3 6/1/2022 2 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 A-PEAK ASPHALT, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 87A75B78-4B96-4F08-8E9F-DBE95B992DF3 Vice President Bruce Yanke EXHIBIT A2 DocuSign Envelope ID: 87A75B78-4B96-4F08-8E9F-DBE95B992DF3