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HomeMy WebLinkAboutC22-386 Wilcon Energy_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND WILCON ENERGY LLC THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ______________ by and between Wilcon Energy, 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 6th day of December, 2019 (C19-402), for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated October 24th, 2020 (C20-385) the term of the Original Agreement was extended to December 6th, 2021 and; WHEREAS, by a Second Amendment dated December 17th, 2021 (C21-474), the term of the Original Agreement was extended to December 6th, 2022; and WHEREAS, the term of the Original Agreement expires on the 6th day of December, 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 6th day of December, 2023. 2. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A3. 3. 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. 4. 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. 5. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. DocuSign Envelope ID: 2C07C2E0-B8B2-4D98-86AB-651242A0BF23 11/26/2022 2 IN WITNESS WHEREOF, the parties hereto have executed this Third 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 WILCON ENERGY LLC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 2C07C2E0-B8B2-4D98-86AB-651242A0BF23 Owner Matthew Morrison P.O. box 178 Minturn, Co. 81645 www.wilconenergy.com 970-390-1729 Propane contract for Eagle County, Colorado. For the 2021/2022 winter heating months, we will extend you the “floating” price of $1.95 with a cap of $2.25. Due to inflation, a lack of truck drivers, the export market, and the overall uncertainty of what the winter may look like, all my national suppliers are extremely hesitant about locking in a “fixed” price. These prices are “all in” as there are no extra or hidden fees. I Matt Morrison being owner of the company will extend and honor these prices. 2.302.00 A3EXHIBIT DocuSign Envelope ID: 2C07C2E0-B8B2-4D98-86AB-651242A0BF23