HomeMy WebLinkAboutC21-371 EC + Mtn Top VenturesDocuSign Envelope ID: 61666588-C38D-4601-8991-FEDCB195BD8D THIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MOUNTAIN TOP VENTURES INC. d/b/a SHC NURSERY & LANDSCAPE CO THIS THIRD AMENDMENT ("Third Amendment") is effective as of 11/1/2021 , 2021 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 31"day of October, 2018, for certain Services (the "Original Agreement"); and WHEREAS, by a First Amendment dated November 12t'', 2019 the term of the Original Agreement was extended to October 3 I't, 2020; and; WHEREAS, by a Second Amendment dated October 8t'', 2020, the term of the Original Agreement was extended to October 315t, 2021; and WHEREAS, the term of the Original Agreement expires on the 31't day of October, 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 Original Agreement and the First Amendment. THIRD AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: The Original Agreement shall be amended to extend the term to the 31 st day of October, 2022. For the Services to be provided hereunder, County will pay Contractor Twenty -Two Thousand Seven Hundred Ninety -Six and 02/100 Dollars ($22,796.02). 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 `B 1.8" Total compensation under this Agreement shall not exceed Fifty Thousand Dollars ($50,000.00) without a written amendment to this Agreement. 2. Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Third Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. DocuSign Envelope ID: 61666588-C38D-4601-8991-FEDCB195BD8D 3. Except as expressly altered, modified and changed in this Third 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 Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER DocuSigned by: By: S�ra Jeff Shroll, ail "1 WIager CONTRACTOR MOUNTAIN TOP VENTURES INC. d/b/a SHC NURSERY & LANDSCAPE CO Signed by: By; Fzel A2AC95B5B5AC4F7... Print Name: Mike Stevens Title: President