HomeMy WebLinkAboutC24-465 Ruggs No. 3 LLC dba Ruggs Benedict_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
RUGGS NO. 3, LLC D/B/A RUGGS BENEDICT
THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ______________ by and
between Ruggs No. 3, LLC, a Colorado limited liability company (hereinafter “Contractor”) and
Eagle County, Colorado, a body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, County and “Ruggs Benedict, Inc.” entered into an agreement dated the 28th day of
October, 2021 (C21-363), for certain Services (the “Original Agreement”); and
WHEREAS, by a First Amendment dated November 21st, 2022 (C22-381), Exhibit A was
replaced and the term of the Original Agreement was extended to December 13th, 2023; and
WHEREAS, by a Second Amendment dated November 21st, 2023 (C23-363), the term of the
Original Agreement was extended to December 13th, 2024; and
WHEREAS, the Original Agreement and the two Amendments referenced above contain a
scrivenor’s error in that the legal name of Ruggs Benedict is incorrectly stated as “Ruggs
Benedict, Inc.”, and
WHEREAS, the correct legal name of Ruggs Benedict is “Ruggs No. 3, LLC”, which is a
Colorado limited liability company; and
WHEREAS, the parties desire to correct the Original Agreement and both Amendments to
correctly reference Ruggs Benedict as “Ruggs No. 3, LLC”; and
WHEREAS, the term of the Original Agreement expires on the 13th day of December, 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. As of the date hereof, each reference to “Ruggs Benedict, Inc., a Colorado
corporation” in the Original Agreement, the First Amendment, and the Second
Amendment is hereby amended and restated in its entirety to read as “Ruggs No. 3,
LLC, a Colorado limited liability company” and each reference in the Original
Agreement, the First Amendment, and the Second Amendment to “Ruggs Benedict,
Inc.”, where the entity type is not further written out, is hereby amended and restated
in its entirety to read as “Ruggs No. 3, LLC”.
2. The Original Agreement shall be amended to extend the term to the 13th day of
December, 2025.
Docusign Envelope ID: 7101AA36-46C9-43FA-BDC2-9A8F20C72D4C
11/21/2024
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3. The Original Agreement is being extended for the third and final time pursuant to the
terms of paragraph “4” thereof.
4. 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.
5. Except as expressly altered, modified and changed in this Third Amendment, all
terms and provisions of the Original Agreement, as amended by the First and Second
Amendment, shall remain in full force and effect, and are hereby ratified and
confirmed in all respects as of the date hereof.
6. This Third Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
[signature page follows]
Docusign Envelope ID: 7101AA36-46C9-43FA-BDC2-9A8F20C72D4C
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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:
RUGGS NO. 3, LLC
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
Docusign Envelope ID: 7101AA36-46C9-43FA-BDC2-9A8F20C72D4C
Mandy Benedict
Operations Manager
