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HomeMy WebLinkAboutC24-162 Mountain Angler_permit FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE MOUNTAIN ANGLER THIS FIRST AMENDMENT (“First Amendment”) is effective as of _______________ by and between The Mountain Angler, (the “Operator”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Operator entered into an agreement dated 11th day of March, 2024, for use of the boat ramp located at 426 Fairgrounds Road, Eagle, CO 81631 (the “Fairgrounds”) by Operator during the 2024 rafting season (the “Original Agreement”); and WHEREAS, due to a clerical error, the Original Agreement referred to the 2023 rafting season, but should have referred to the 2024 rafting season; and WHEREAS, County and Operator desire by this First Amendment to correct the clerical error made in the Original Agreement in order to effectuate the Original Agreement for the intended rafting season. FIRST 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 change all references to the 2023 rafting season to the 2024 rafting season. 2. Paragraph 6 of the Original Agreement shall be amended to reflect the dates of closure for 2024, which are Wednesday, July 17th, 2024 through Monday, July 29th, 2024. 3. Paragraph 7 of the Original Agreement shall be amended to reflect that the initial fee is due on or before June 15, 2024 and additional fees shall be payable by October 31, 2024. 4. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. DocuSign Envelope ID: 33BF14BA-E101-484C-B7E8-617FA109EAB0 3/30/2024 2 5. Except as expressly altered, modified and changed in this First 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. 6. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: 33BF14BA-E101-484C-B7E8-617FA109EAB0 3 IN WITNESS WHEREOF, the parties hereto have executed this First 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 OPERATOR The Mountain Angler By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 33BF14BA-E101-484C-B7E8-617FA109EAB0 General Manager Evan Streit DocuSign Envelope ID: 33BF14BA-E101-484C-B7E8-617FA109EAB0