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HomeMy WebLinkAboutC23-058 Cervi_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CERVI CHAMPIONSHIP RODEO THIS SECOND AMENDMENT (“Second Amendment”) is effective as of the ___________________ by and , Cervi Championship Rodeo, 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 January 15, 2021 (C21-016), for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated February 1, 2022 (C22-045), the term of the Original Agreement was extended to January 15, 2023; and WHEREAS, the term of the Original Agreement expires on the 15th day of January, 2023 and the parties desire to extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Original Agreement. 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 26, July 27, July 28 and 29, 2023. 2. The compensation for the Services to be performed at the 2023 Eagle County Fair and Rodeo shall not exceed $79,886.00, as documented in Exhibit A of the Original Agreement or a total maximum compensation under the Original Agreement and this Second Amendment of $232,745.00 3. The term of the Original Agreement is hereby extended to the January 15, 2024. 4. 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. 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 effort, and are hereby ratified and confirmed in all respects as of the date hereof. DocuSign Envelope ID: AAFFB23B-C76A-404E-B137-8F7D7D3DCD80 2/21/2023 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 Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CERVI CHAMPIONSHIP RODEO: By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: AAFFB23B-C76A-404E-B137-8F7D7D3DCD80 President Binion Cervi