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HomeMy WebLinkAboutC24-095 Design 2B Fit_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND DESIGN 2B FIT, INC THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ______________ by and between Design 2B Fit, 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 1st day of February, 2022, (C22-046) for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated February 9th, 2023(C23-043) (the “First Amendment”) the term of the Original Agreement was extended to March 21st, 2024; and WHEREAS, the term of the First Amendment expires on the 21st day of March, 2024 and the parties desire to extend the term of the First Amendment 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 First Amendment shall be amended to extend the term to the 21st day of March, 2025. 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 or the First Amendment, 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 and the First Amendment 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. [signature page follows] DocuSign Envelope ID: 6B586ED3-CE08-46C5-A7FC-F1384C08E5C2 2/15/2024 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: DESIGN 2B FIT, INC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 6B586ED3-CE08-46C5-A7FC-F1384C08E5C2 President, Design 2B Fit Emily Garaffa