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HomeMy WebLinkAboutC79-37 Roy Mosher - Mo's Subdivision11 JO F "„ AGREEMENT w y_ It is hereby agreed between Roy Mosher "Mosher" and the County of Eagle, Colorado "County" as follows: That Mosher, as a condition to approval of the final plat of No's Subdivision, and pursuant to CRS 1973 30-28-137, agrees to provide collateral in the sum of Three Thousand Seven Hundred and Fifty Dollars ($3,750.00) in the form of an irrevo- cable letter of credit on the First Bank of Glenwood Springs to guarantee completion of that roadway known as the Eaton Lane, running West and then North from the County Road on BrushCreek> and will, without cost to the County, arrange for the furnishing of all equipment and material necessary to perform and complete, within twelve (12) months from the date of recordation of the - Subdivision final plat, in good workmanlike manner, said road as shown on the final plat documents for said subdivision. The estimated cost of such completion is Two Thousand Six Hundred Twenty-five Dollars ($2,625.00) for gravel, Seven Hundred Seventy-five Dollars ($775.00) for machine hire and Three Hundred Fifty Dollars ($350.00) for placing of pipe. It is agreed that when the improvements aforesaid are completed, County shall release the letter of credit collateral to Mosher. If the County determines that the improvements are nonconstructed in substantial compliance with specifications, it shall be entitled to withhold the collateral, or a sufficient portion thereof to ensure compliance, until such specifications are complied with. The County agrees to approval of the final plat of No's Subdivision, subject to the terms of this agreement. Parties agree that this agreement may be amended from time to time, provided that such amendment be in writing and signed by the pa.rties. In the event suit is brought upon this agreement, Mosher agrees to pay a reasonable attorney's fees to be fixed by the Court if judgment is rendered in favor of the County, and County agrees to pay reasonable attorney's fees if judgment is rendered in favor of Mosher. County and its officers and employees shall not be liable or responsible for any accident, loss or damage happening or occur - 31`1 w ring to the works specified in this Agreement prior to the comple- tion and acceptance of the same, nor shall County, its officers or employees, be liable for any persons or property injured by reason of the nature of said work, but all of. said liabilities shall be assumed by Mosher. Mosher hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities to which County or any such of its officers, agents or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any performance by Mosher hereunder; and Mosher shall reimburse the County for any and all legal or other expenses reasonably incurred by County in connection with investigating or defending such loss, claim, damage, 1-iability or action. This indemnity provision shall be in addition to any other liability which Mosher may otherwise have. It is further agreed that Mosher shall at all times from the acceptance by the County of the roads offered for dedication in the subject Subdivision upon the completion and acceptance of said work by the County, give adequate warning to the. traveling public of any dangerous condition existent in said roads, and will take reasonable care to protect the traveling public from such de- fective or dangerous conditions. It is understood and agreed that until the completion of all the improvements herein agreed to be performed, each of said roads not accepted as improved shall be under the charge of Mosher for the purposes of this agreement; and Mosher may close all or a portion of any road whenever it is ne- cessary to protect the traveling public during the construction or installation of the improvements herein agreed to be made. Mosher warrants each portion of the work and material for a period of one year after acceptance of each portion of the work referred to in this agreement by County. Further, County shall have a right to require the security or collateral provided by Mosher to remain in effect in any amount, as determined by County, sufficient to cover any claims under this warranty. IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the me/day of 1979. ATTEST: C rk of the Hoar unty Commissioners COUNTY OF EAGLE, STATE OF CQLORADO By and through its BOARD OF COUNTY COMMISSIONERS Dan Wil lams, Chairman