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20171218Dec18
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20171218Dec18
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12/19/2017 3:44:09 PM
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1 of 2 FIRST AMENDEMENT TO FIRE SERVICES AGREEMENT BETWEEN THE CITY OF CHARLOTTESVILLE AND ALBEMARLE COUNTY THIS FIRST AMENDMENT to the Fire Services Agreem ent (“First Amendment”) is made and entered into this 1 day of November, 2017, a nd executed in duplicate originals by the CITY OF CHARLOTTESVILLE, VIRGINIA , a municipal corporation of the Commonwealth of Virginia, and the COUNTY OF ALBEMARLE, a pol itical subdivision of the Commonwealth of Virginia. WHEREAS, the City and the County entered into a Fire Services Agreement (“Agreement”) between the City of Charlott esville and Albemarle County, dated June 6, 2014, governing the provision of fire se rvices for both localities; and WHEREAS, Section 7.2 of the 2014 Agreement provi des that the parties may amend or supplement the Agreement at any time by mutual written agreement; and WHEREAS, the Section 3 of the Agreement provides for an option to extend the Agreement for an additional term of five years. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Execution to Extend Agreement Section 3 (“Term”) of the Agreement is hereby amended to delete the requirement that an agreement to extend the Agreement past the orig inal Termination Date of June 30, 2018, must be executed one year prior to expirati on. Any agreement to extend the provision of fire services for one additional five-y ear term—for which this First Amendment provides herein a nd satisfies by its exec ution—is valid if made in writing any time be fore the Termination Date. 2. Option to Extend Agreement Section 3 (“Term”) of the Agreement allows that, unless terminated as otherwise provided in the Agreement, “the parties may extend the Agreement for one (1) additional five (5) year term, through June 30, 2023, at which time the Agreement shall terminate.” The parties hereby agree to exte nd the Agreement for an additional term of five years, expiring June 30, 2023. Any additional agreement for a provision of fire services between the parties after that date must be executed in a separate written agreement. 3. Survival of Terms Except as expressly amended in this First Amendment, the terms and conditions in the Agreement shall remain in full force and effect. The parties agree and acknowledge that Section 3.2 of the Agreement applies to the extended term created by this First Amendment.
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