HomeMy WebLinkAboutC20-376 Mountain Top Ventures dba SHC Nursery and LandscapeSECOND 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 ____________, 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 the 31st day of October, 2018, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated November 12th, 2019 the term of the Original Agreement was extended to October 31st, 2020; and WHEREAS, the term of the Original Agreement expires on the 31st day of October, 2020 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 and the First Amendment and as modified hereunder. 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 31st day of October, 2021. 2. For the Services to be provided hereunder, County will pay Contractor Twenty Two Thousand Three Hundred Forty Nine and 04/100 Dollars ($22,349.04). In the event Contractor and County agree upon the need for additional services beyond the work described in above, those services shall be billed as set forth in Exhibit “B1.8”. Total compensation under this Agreement shall not exceed Fifty Thousand Dollars ($50,000.00) without a written amendment to this Agreement. 3.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. 4. 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. DocuSign Envelope ID: 3839E616-9763-4D00-83AC-EEE5AB7B6748 10/8/2020 C20-376 2 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 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: ______________________________ Jeff Shroll, County Manager CONTRACTOR MOUNTAIN TOP VENTURES INC. d/b/a SHC NURSERY & LANDSCAPE CO By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 3839E616-9763-4D00-83AC-EEE5AB7B6748 Mike Stevens President