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HomeMy WebLinkAboutC22-402 Sun Valley Rides_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SUN VALLEY RIDES LLC THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ______________ by and, Sun Valley Rides LLC, Arizona 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 3/21/2022, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Contractor would perform Carnival Services for the Eagle County Fair and Rodeo 2022; and WHEREAS, the term of the Original Agreement was a one year term expiring on the March 21, 2022, with the ability to extend such term for up to 2 additional 1 year terms upon writing, and the parties desire to extend the term for an additional year. SECOND 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 Second Amendment shall include the same Services as described in Exhibit A of Original Agreement to be performed at the 2023 Eagle County Fair and Rodeo, which is scheduled for July 24-29, 2023. 2. Compensation. County shall not be responsible for compensating or paying for the Services set forth herein. Instead, Contractor shall pay County a portion of its ticket sales and may retain a portion of its sales as follows: a) Ride tickets are $1.00 for one ticket, $20.00 for 22 tickets, $45.00 for 60 tickets. b) Tickets shall be good for and accepted for rides each day during the Fair and Rodeo. c) On-Site unlimited ride wristbands are $35.00 each and are good for one day only. d) Pre-Sale ride tickets are $25.00 each and are good for one day only. 3. Contractor shall pay County twelve and one-half percent (12.5%) of all onsite ride gross ticket sales and twenty (20%) of all pre-sale ride tickets. Contractor may retain the proceeds not due to County under this Agreement. All tickets sales, include both presale and onsite ticket sales, must be reconciled by and payment of all sums due to County shall be made by Contractor to County no later than July 31, 2023. 4. The term of the Original Agreement is hereby extended to August 1, 2023. DocuSign Envelope ID: 459560DD-098F-44D1-A3C2-7CA4F6A9D5E2 12/19/2022 5. Capitalized terms in the 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. 6. 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 effort, and are hereby ratified and confirmed in all respects as of the date hereof. 7. 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 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 Sun Valley Rides LLC: By: ________________________________ Print Name: _________________________ Title: _______________________________ DocuSign Envelope ID: 459560DD-098F-44D1-A3C2-7CA4F6A9D5E2 Member President Steve Mattfeldt