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HomeMy WebLinkAboutC23-306 Rocky Mountain Elevator Service_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ROCKY MOUNTAIN ELEVATOR SERVICE, LLC THIS THIRD AMENDMENT (“Third Amendment”) is effective as of_______________ by and between Rocky Mountain Elevator Service, 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 29th day of September, 2020 (C20-357), for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated September 3rd, 2021 (C21-297), the term of the Original Agreement was extended to November 27th, 2022; and WHEREAS, by a Second Amendment dated October 23rd, 2022 (C22-352), the term of the Original Agreement was extended to November 27th, 2023; and WHEREAS, the term of the Original Agreement expires on the 27th day of November, 2023 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 27th day of November, 2024. 2. 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. 3. 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. 4. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Original Agreement the day and year first above written. DocuSign Envelope ID: 804A6F82-D6F9-4A46-A7F9-AA41369EF148 9/19/2023 2 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR ROCKY MOUNTAIN ELEVATOR SERVICE, LLC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 804A6F82-D6F9-4A46-A7F9-AA41369EF148 Owner/operator Mark Nothnagel