HomeMy WebLinkAboutC21-035 Mountain Top Ventures_Second AmendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MOUNTAIN TOP VENTURES INC. DBA 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 19th day of March, 2019, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated March 3rd, 2020 the term of the Original Agreement was extended to March 19h, 2021; and WHEREAS, the term of the Original Agreement expires on the 19th day of March, 2021 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 First Amendment. 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 19th day of March, 2022. 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: 11EBC983-E818-48B0-9DCD-7CF853CA00A7 2/3/2021 C21-035 2 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. DBA SHC NURSERY & LANDSCAPE CO. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 11EBC983-E818-48B0-9DCD-7CF853CA00A7 President Mike Stevens