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HomeMy WebLinkAboutC87-199 Western Land Exchange CompanyWESTERN LAND EXCHANGE COMPANY 1884 GAYLORD STREET DENVER, COLORADO 80206 (303) 394-4000 ii DEC IG 1,927 December 14, 1987 Cherri L. Davenport, Clerk Eagle County Board of County Commissioners Box 850 Eagle, CO 81631 Dear Ms. Davenport: Enclosed please find two fully executed original contracts between Eagle County and the Western Land Exchange Company. Thank you for your assistance. DEP/sb enclosures (transmkx.87) Z' erel ( &7 Daniel f.p Pik C87-199-04' BOCC CONTRACT NO. BETWEEN EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS WESTERN LAND EXCHANGE COMPANY This Contract is entered into as this .34` day ofll�,ws elt,, 1987, by and between the Eagle County Board of County Commissioners (hereinafter, "BOCCI'), and the Western Land Exchange Company (hereinafter, the "Contractor"). NOW, THEREFORE, the parties mutually agree as follows: A. Employment of Contractor. BOCC hereby agrees to engage the Contractor, and the Contractor hereby agrees to perform the service hereinafter set forth. B. Scope of Services. The BOCC wishes to employ the Contractor to manage and coordinate an exchange of lands with the United States Forest Service for the Mt. Sopris Tree Nursery. In consideration of the monies to be received from BOCC, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by BOCC, all work elements as indicated in the "Scope of Services," set forth in the attached Exhibit A, which is herein fully incorporated by this reference. C. Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following area or areas, herein called the "Planning Area": Mount Sopris Tree Nursery and lands to be exchanged for the Nursery. D. Time of Performance. The services of the Contractor shall commence as soon as practicable after the execution of this Contract and shall remain in effect until completion or abandonment of the land exchange. E. Compensation. BOCC agrees to reimburse the Contractor up to $30,000 for fees and$2,500 for direct expenses. The parties acknowledge that in the event legislation is necessary to complete the proposed exchange, additional travel and lobbying costs may be incurred. In this event, approval for such expenses will be obtained in advance from BOCC. F. Method of Payment. BOCC shall pay the Contractor monthly at the following hourly rates: Tom Glass $75/hour Dan Pike $75/hour Adam Poe $60/hour Peter Sartucci $45/hour - 2 - In addition, the BOCC shall reimburse the contractor for direct expenses such as long distance telephone calls, auto travel at $ .25 per mile, overnight lodging and meals, and photocopying. Payment shall be due within thirty (30) days of receipt of monthly invoices. G. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Daniel Pike, and employee or agent of the Contractor. Daniel Pike is hereby designated as the administrator -in -charge of this project. At any time the administrator -in -charge is not assigned to this project, all work shall be suspended until the Contractor assigns a replacement acceptable to BOCC. H. Termination of Contract by BOCC for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligation under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, BOCC shall have the right to terminate this Contract by giving written notice to the Contractor of such termination at least five (5) days before the effective date of such termination. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at - 3 - the request of BOCC, be transmitted to BOCC. The Contractor shall be entitled to receive just compensation for any satisfactory work completed on such documents and other materials, whether or not BOCC in fact requests their deliverance. I. Termination of Contract for Convenience of BOCC. BOCC may terminate this Contract at any time by giving written notice to the Contractor of such termination at least ten (10) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials shall, at the request of BOCC, become its property. If the Contract is terminated by BOCC as provided herein, the Contractor will be paid it's full hourly rate for time accrued and unpaid as of the date of termination, as well as any time reasonably necessary to close work on the exchange. If this Contract is terminated due to the default of the Contractor, Paragraph H hereof shall apply. J. Termination of Contract by Contractor. If BOCC fails to make payment as herein provided, the Contractor may terminate this Contract by giving written notice to BOCC at least ten (10) days before the effective date of termination, during which time BOCC may cure the defect by making payment. In the event BOCC fails to cure, the Contractor shall retain all materials and documents not previously given to BOCC until payment is satisfactorily negotiated between the Contractor and BOCC. - 4 - K. Amendment. BOCC may, from time to time, require changes in the scope of services to be performed by the Contractor. Such changes, including any compensation, which are mutually agreed upon by and between BOCC and the Contractor, shall be incorporated into a letter of agreement between BOCC and the Contractor. L. Identification of Documents. All reports, maps, display panels and other documents completed as a part of this Contract, other than documents exclusively for internal use within BOCC, shall note on the front cover or title page (or in the case of maps, in the same block) the name of BOCC, together with the date (month and year) the material was prepared. M. Binding Effect. The terms, covenants, and conditions of this Contract shall apply to and bind the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. N. Contract Contains All Understandings. This document represents the entire and integrated Contract between BOCC and Contractor and supersedes all prior negotiations, representa- tions, or agreements, either written or oral. This document may be amended only by written instrument, signed by both BOCC and Contractor. All provisions of this Contract are expressly made conditions. This agreement shall be governed by the laws of the State of Colorado. - 5 - C IN WITNESS WHEREOF, BOCC and Contractor have executed this agreement on the date first written above. T: EAGLE COUNTY BOARD OF COUNTY COMMISSI09ERS 1 Wester BY:/ D (nwcogkx.987) rman 1 Pike President EXHIBIT A SCOPE OF SERVICES Land Exchange Management A. The Western Land Exchange Company will act on behalf of BOCC. Contractor will complete the steps in the exchange process which can properly be completed by the non -Federal proponent. This includes, but is not limited to, compiling preliminary land status reports, data for the environmental assessment, amendments to the existing Statement of Intent, drafting of publication and posting notices, supervision and negotiation of appraisals, negotiation of the exchange agreement and all other matters where the interests of BOCC will be best served through assembly or preparation by the Contractor. B. With the concurrence of BOCC, the Contractor will negotiate the details of the exchange directly with Forest Service personnel, including conceptual acceptability of the exchange proposal, mitigation of any adverse effects of the exchange, and valuation of both the Federal selected and non -Federal offered lands. C. Contractor will seek to minimize the cash payment needed to equalize the values. This may require adding or deleting lands, and contractor will make recommendations to BOCC if adjustments in the offered lands are required. D. Contractor will supervise and coordinate the work of subcontractors such as appraisers, environmental contractors, surveyors, and other necessary specialists. E. To the extent necessary to complete the exchange in a manner most favorable to BOCC, the Contractor will work with the Routt National Forest and the Selbe family to mitigate conflicting interests. F. Contractor will investigate mitigation alternatives for the Routt National Forest. As outlined in Contractor's report of August 3, 1987, based upon those alternatives Contractor will make recommendations to BOCC regarding legislative versus administrative processing of the exchange.