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HomeMy WebLinkAboutC04-333 Brian and Michelle Maloney God-333-10 MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of October 2004, by and between Brian and Michelle Maloney, whose address is P.O. Box 1772, Gypsum, Colorado 81637 (hereinafter referred to as the "Representative") and Eagle County, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Eagle County owns property commonly known as the Echo Ranch in Gypsum, Colorado (hereinafter referred to as the "Property"); and WHEREAS, the County is desirous of making certain portions of the Property available for use by the Representative for an Eagle Scout Leadership Service Project and subsequent use by the Eagle County 4-H Club; and WHEREAS, the Representative desires to clean up, repair and rebuild designated areas of the Property, more particularly described in Exhibit "A" attached hereto and incorporated herein, to benefit the Eagle County 4-H Club and Eagle County citizens; and WHEREAS, the County and the Representative desire to cooperate with one another in the clean up, repair and rebuilding of designated areas of the Property. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 1. Recitals. The recitals set forth above constitute a material part of this Agreement and are incorporated herein. 2. Memorandum of Agreement. This Agreement shall be subject to the approval of the County and the Representative by execution of this Memorandum of Agreement. 3. Use of the Property. For the term of this Agreement, the County shall allow the Representative to use the Property more particularly described in the attached Exhibit "A" and incorporated herein for the purpose of clean up, repair and rebuilding of designated areas of the Property. 4. Term of the Agreement. This Agreement shall expire on Apri130, 2005. The Agreement maybe renewed for a subsequent three (3) month period, beginning May 1, 2005 and expiring August 30th of the same year, unless either party notifies the other in writing no less than twenty (20) days prior to the renewal date of that party's intent not to extend. Eagle County shall have the right to terminate this Agreement without cause upon ten (10) days written notice to the Representative. 5. Scope of Work. Phase One will consist of cleaning up all the trash on the Property and disassembling the pigpens on the Property. Representative will be allowed to destroy and move the pigpens to protect against accumulation and runoff of water into the pens. Phase Two will consist of repairing the fences and rebuilding the pigpens. Description of the Scope of Work is set out in more detail in Exhibit "B." Representative shall be responsible for the clean up and removing of all trash and debris resulting from the Representative's Scope of Work. 6. Non Use of the Echo Ranch Barn. Neither representative, nor anyone associated with the Representative will be allowed to conduct any work related activities such as cleanup, repair or rebuilding to the Echo Ranch Barn. 7. Limited Rights. Nothing contained in this Agreement, or execution of the same shall be deemed to either grant to or secure for the Representative any development rights, nor constitute approval of any structure or facilities the Representative intends to construct on the Property. The Representative agrees, at its own cost and expense, if any, to secure any necessary permits and rights under applicable federal, state and county zoning, environmental, and land use laws and regulations to use the Property. 8. Liabili .The Representative hereby agrees to assume liability during the period covered by this Agreement, while there are aviation operations occurring at the Eagle County Regional Airport. The Representative will be liable for any claims for property damage, personal injury or death caused by negligent or wrongful acts of Representative or anyone associated with Representative in connection with any use of the Property. 9. Waiver of Liability. The parties hereby agree that prior to performing any work on the Property, the Representative or anyone associated with the Representative will execute a waiver releasing, waiving, discharging and holding harmless Eagle County, its officers, employees, agents, and assigns from all claims, liabilities, damages, losses, or expenses on account of damage to Property, bodily injury or death resulting from any use of the Property. 10. Governing Law. This Agreement shall be governed, construed and interpreted by and through and the laws of the State of Colorado. Venue is Eagle County, Colorado. 11. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent provided by law. 12. Modification. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered, or amended in any way except through a written amendment signed by all the parties hereto. 13. Subordination. This Agreement shall be subordinate to the provisions of any existing or future agreement between the County and the United States, relative to the operation 2 or maintenance of the Eagle County Airport (hereinafter referred to as the "Airport"), the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport. 14. Notices. Any notices provided for herein shall be in writing and shall be delivered in person or mailed by certified or registered mail, return receipt requested, postage pre-paid, to the party for whom intended at the address set forth below: Brian and Michelle Maloney P.O. Box 1772 Gypsum, Colorado 81637 Eagle County Attorney P.O. Box 850 500 Broadway Eagle, Colorado 81631 Written notices shall be delivered personally, by commercial messenger service or by prepaid U.S. mail. Notices also maybe given by facsimile transmission provided an original is also promptly delivered. Notices are deemed to have been given effective as of the date of delivery if personally delivered or by facsimile, and as of the third day after mailing, if mailed. 15. No Private Cause of Action. The rights herein contracted for shall inure solely to the benefit of the parties to this Agreement, and nothing herein shall be construed to grant a cause of action to non-parties claiming as third party beneficiaries or otherwise. 16. Recording of Agreement. Representative shall not record this Agreement in the public records of any public office. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year and date first above written. COUNTY OF EAGLE, STATE OF COLORADO, BY AND THROUGH ~~TS BOARD OF COUNTY COMMISSIONERS Tom C. Stone, Chairman ~TTEST: ~ ^. ak J. imonton, ler to the BoardV/ ~ of County Commissioners * '~ ~~COgA,40 APPROVED AS TO FORM: _ J~ ~'-';,~,- ~r ~~~ /~ y Eagle County ,~ttc}rney's Officer' 3 REPRESENTATNE Brian Maloney REPRESENTATIVE Michelle Maloney G:\WM\MEMORANDUM OF AGREEMENT Maloney.DOC PROJECT DETAILS Plan your work by describing the present condition, the method, materials to be used, project helpers, and a time schedule for carrying out the project. Describe any safety hazards you might face, and explain how you will ensure the safety of those carrying out the project. If appropriate, include photographs of the area before you begin your project. Providing before-and-after photographs of your project area can give a clear example of your effort. Description: i plan to have two phases in my project. Phase One will be cleaning up all of the trash, and disassembling the pigpens. have to destroy and move the pigpens, because there have been complaints about the runoff in the pigpens. The accumulation of water is bad for the health of the pigs. Also, if other animals were to consume the pig food, they could be harmed, or killed. The question about free on in the refrigerator on site has come up. We will have the garbage company take it tp the dump and we will pay the fee determined by the dump. A member of the Fair Board has offered to arrange to have the dump fee waved for this project. There is an empty field where I plan to build the pigpens, away from all of the other animals. I will have to clean up the trash so it is more accessible, and also so it will look nicer. I will see if the Honey Wagon would donate a big container for us to throw away the trash in. Phase One is planned for the fall of 2004. I think that we could get this done in a solid weekend. Phase Two will be repairing the fences and rebuilding the pigpens. I need to repair the fence so there is no gap that animals could get through and get loose. will ask for donations of wood to repair the fences, and also the materials needed for the pigpens. In the pig pens there will be open and enclosed areas. The inside would be for sleeping, and eating, while the outside would be a place for them to hang out and get some exercise. The old pigpens total 32 feet wide, with four lanes 28 feet long. The new pigpens will have the same dimensions as the old one, but we will add one more lane. The enclosed area of the old pens, which is against the lean-to wall, is 8 feet wide by 4 feet deep each. The height is 5 feet tall at the lean-to, sloping to 4 feet tall at the side facing the lane. The area currently planned for the new pigpens is 40 feet by 70 feet. I plan to have five lanes, with space for two pigs in each lane. This leaves a lot of room for future pigpens or other uses. There will be 34 panels in total, and there will be 64 T posts. The new pig sheds will be made out of plywood with proper roofing. The fence will be metal stakes, with pig panels attached to them (see diagram attached). I will talk to people that "know about pigs to confirm the best ~XHIBiT t < ~'1 way to build the new pigpens. The one idea I have is to cement all of the T post into the ground, and then put the bottom bar of the pig panels in and wire on the rest of the panel to the T posts. Overall I think that this project will take 2-3 weekends. I will be asking members of Boy Scouts and their families, community members, as well as 4-H members and their families. I will call 1-2 weeks before the scheduled workdays. will also a-mail 4-Hers and Boy Scouts. t have talked to the Eagle County Fair Board, and asked if they would be willing to help. There are members who work at lumberyards and said that they would donate some wood, and some suggestions. Also the Fair Board has offered financial assistance as well. If supplies are still needed, I will contact other businesses. Precautions need to be taken in all phase of the project. Nails, splinters and tools are things to be careful of. Gloves, long sleeve shirts, long pants, protective shoes and sun or safety glasses will be required of all workers. Adults or approved children will be the only workers to use the tools that are needed. A first aid kit and a cell phone will be on sight at all times. "Before" Photographs EXNIBI'T E( 1f .. New hog area showing planned location and sizes of pens and enclosures 70 feet ~'~- T-stakes at 4' O.C. 40 ~~ t-- New hog enclosures (sheds) 4' x 8' 8' metal hog panels Current natural drainage Flows east to west, wdl be graded to ensure proper drainage of the hog area Natural slope EXHIBIT ~( ~ Existing fence around perimeter of new hog area