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HomeMy WebLinkAboutC16-397 Mountain Top Ventures dba SHC Nursery and LandscapingSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MOUNTAIN TOP VENTURES INC. d/b/a SHC NURSERY & LANDSCAPE CO. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of the _____ day of ______________, 2016 by and between Mountain Top Ventures, Inc. d/b/a SHC Nursery & Landscape Co., 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 3rd day of December, 2014, for certain Services (the “Original Agreement”); and WHEREAS, by the First Amendment dated October 26th, 2015, the term of the Original Agreement was extended to December 3rd, 2016; and WHEREAS, the term of the Original Agreement expires on the 3rd day of December, 2016 and the parties desire to extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Original Agreement. SECOND 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 3rd day of December, 2017. 2. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this Second 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 Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: 6572BC25-4866-4AC9-ABE8-DA537FEB7512     C16-397 2 C:\ProgramData\activePDF\DC_ENT\Tmp\fbb6a3\cd0b326b-2944-4ed1-a12c-5770a4743bf5.docx IN WITNESS WHEREOF, the parties hereto have executed this Second 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: ______________________________ Brent McFall, County Manager CONTRACTOR: MOUNTAIN TOP VENTURES INC. d/b/a SHC NURSERY & LANDSCAPE CO. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 6572BC25-4866-4AC9-ABE8-DA537FEB7512