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06-21-2016 Amendment to IGA Eagle-Vail Recreational Trail ProjectAMENDMENT TO INTERCOVERNMENTAL ACREEMENT BETWEEN THE TOWN OF AVON AND EAGLE COTJNTY, COLORADO CONCERNING THE AVON TO EACLE-VAIL RECREATIONAL TRAIL PROJECT tr THIS AMENDMENT ("Amendment") is effective as of the ..L1" day of ,JUg ,2016, by and between the Town of Avon, a Colorado municipal corporation, (hereinafter "Town") and Eagle County, a body corporate and politic of the state of Colorado (hereinaller "County"). Collectively the Town and County shall be referred to as the "Parties". RECITALS WHEREAS, C.R.S. 29-20-l0l et. seq., encourages intergovemmental agreements through which local governments cooperate and participate in joint projects; and WHEREAS, County and Town entered into an Intergovemmental Agreement dated April 19, 201 I {"201 I ICA") for purposes of shared design, engineering and construction of the Project; and WHEREAS, the Parties entered into a further lntergovemmental Agreement dated August 19, 2014 (the "2014lGA") related to the Projec! and WHEREAS, the Town submitted an additional funding request to County in 2015 which was approved by County for funding in2016 and the Parties desire to document the same; and WHEREAS, the Parties further desire to extend the term of the 2014 IGA as set forth herein. AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the Parties agree as follows: l.Paragraph 2.1 PROJECT FUNDING as set forth in the 2014 IGA is hereby supplemented and amended by the addition of the following sentence at the end of paragraph 2. l: "The Parties agree that at the end of 2015, of the County funds identified in the 201 I IGA and the 2014 IGA, $ 159,136 of County funds remained for the Project. The Town made a request for additional funds to the County in 2015, to supplement those remaining funds. The County approved an additional $350,000 of funding for the Project such that a total of $459,136 of County funds remain available to the Town in 2016 for the Project. In no event shall County funds for the Project exceed $459,136 as approved in County's 20[6 budget." Paragraph 6.1 of the 20l4ICA is hereby amended and restated to read as follows: "6.1 This Agreement will be effective as of the day and year first set forth above and will terminate on December 3l ,2016, This Agreement shall automatically renew for 2" Eagle County commiastoneFOffi C16-230 one year terms (December 31 of each succeeding year) until December 31,2019 unless earlier terminated as set forth herein." 3. Capitalized terms in this Amendment will have the same meaning as in the 2014IGA. To the extent that the terms and provisions of the Amendment conflict with, modiS' or supplement portions of the 2014IGA, the terms and provisions contained in this Amendment shall govern and control the rights and obligations of the Parties. 4. Except as expressly altered, modified and changed in this Amendment, all terms and provisions of the 2014IGA shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 5. This Amendment shall be binding on the Parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment the dav and vear first above written. COTINTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COLTNTY COMMISSIONERS Attest: By, r.[/]. Teak J. Simonton. Clerk to the TOWN O By: 2 Eagle County Amend Term Scope Comp Firr,l5ll4