HomeMy WebLinkAboutC24-208 Johnson Excavation and Telecommunications_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND JOHNSON EXCAVATION AND TELECOMMUNICATIONS, INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ______________ by and between Johnson Excavation and Telecommunications, 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 10th day of May, 2021 for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated March 23rd, 2022 the compensation amount was updated and the term of the Original Agreement was extended to May 10th, 2023; and WHEREAS, by a Second Amendment dated April 14th, 2023 the compensation amount was updated and the term of the Original Agreement was extended to May 10th, 2024; and WHEREAS, the term of the Original Agreement expires on the 10th day of May, 2024 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 10th day of May, 2025. 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. [signature page follows] DocuSign Envelope ID: E342E770-DF0A-4E9F-81FA-D7A1A60681B9 5/1/2024 2 IN WITNESS WHEREOF, the parties hereto have executed this Third 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: JOHNSON EXCAVATION AND TELECOMMUNICATIONS, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: E342E770-DF0A-4E9F-81FA-D7A1A60681B9 President Matt Johnson