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HomeMy WebLinkAboutC24-424 Sun-Up Sealcoats LLC_first amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SUN-UP SEALCOATS LLC THIS FIRST AMENDMENT (“First Amendment”) is effective as of ____________ by and between Sun-Up Sealcoats LLC, a Colorado limited liability company (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the twenty-sixth day of June, 2024, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed $91,425.61; and WHEREAS, County and Consultant desire by this First Amendment to increase the compensation set forth in the Original Agreement. 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 amend Section 5 – Compensation, to include additional compensation due to a field unit discrepancy. 2. The additional compensation shall not exceed $4,444.08 or a total maximum compensation under the Original Agreement and this First Amendment of $95,869.69. 3. 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. 4. 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. 5. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. Docusign Envelope ID: 2D1D68C9-8B36-4C66-B5E6-1BE0F0775327 10/9/2024 2 Eagle County Am Scope and Comp Final 5/14 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 CONTRACTOR Benjamin Barron, Sun-up Sealcoats By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: 2D1D68C9-8B36-4C66-B5E6-1BE0F0775327 Benjamin Barron Owner