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IMPROVEMENT AGREEMENT
THIS AGREEMENT (the "Agreement"), made as of the day of August, 2006,
between Ralph E. Seago and Sherri L. Seago, whose address is P.O. Box 943, Eagle, CO 81631
("Grantors"), and the Board of County Commissioners of Eagle County, Colorado, a political
subdivision of the state of Colorado ("County"),
WITNESSETH:
WHEREAS, Grantors are the fee owners of certain real property (the "Property")
described on Exhibit "A" (Survey Description and Map) attached hereto and incorporated herein
by this reference; and
WHEREAS, Grantors have granted to County an easement (the "Easement") on the
Property, and County wishes to construct a trail on the Easement for the purposes of a
transportation and recreation trail to benefit the public (the "Project"); and
Grantors and County have determined that certain improvements as listed below shall be
provided by County as part of the Project to insure public property and private property security,
aesthetics, safety and convenience.
NOW, THEREFORE, in consideration of the foregoing premises and the following
promises, the parties hereto agree as follows:
1. County shall pay to Grantors a sum of fifty nine thousand dollars ($59,000), the
receipt and sufficiency of which are hereby confessed and acknowledged by Grantors, for the
purpose of funding measures to be taken by Grantors, as determined by Grantors in their sole
discretion, to mitigate the impacts of the Project on the Property. Such amount shall be due and
payable by County at the same time as the consideration payable by County as Grantee to
Grantors under the Easement Agreement entered into in conjunction herewith.
2. In addition, County will construct a six (6') foot high opaque fence (the "Fence")
on the north edge of the easement. The Fence shall be owned, managed and repaired by the
County and remain in place as long as the trail improvements are in place. The Fence will travel
2230 feet on the north edge of the easement and 120 feet along the east edge of the Grantor's
property. The Fence will be constructed using "TREX" brand fencing (which includes a 25-year
warranty), or similar product approved by Grantors. Two gates will be installed in the Fence, as
follows: a "man-gate" at a point to be selected by the Grantors; and a sixteen (16) foot security or
farm gate at the east driveway entrance to the Grantors' property.
3. In addition, County will install or arrange installation of twenty five thousand
($25,000) worth oflandscaping and irrigation (the Landscaping") along the north side of the
Fence. Included in the Landscaping cost will be a one-year warranty of the landscaping
materials and a two-year contract for spring and fall landscaping inspection, and start-up and
clean-out of irrigation.
4. County will determine a schedule for the Project, the Fence and the Landscaping
in cooperation with the Grantor regarding the construction timeline for the trail, fence and
landscaping. The target time line is to begin construction of the Project, Fence and Landscaping
in 2006 and complete the Fence as soon as practicable so as to screen the Grantors residence and
livestock from Project activity.
5. County will reimburse any reasonable legal fees, up to a maximum of six
thousand dollars ($6,000.00) incurred by Grantors for review of this Agreement and other work
associated with the Project and the Easement.
6. As part of the Project, County will remove, or arrange to be removed, the
abandoned CKP irrigation ditch pipe on the Property, with the exception of buried sections of
that ditch pipe that do not interfere with the Project, the Fence or the Landscaping.
7. County shall indemnify and hold harmless Grantors, their successors and assigns,
from and against any claim ofliability arising from acts or omissions of the County, and its
employees, agents and contractors, in connection with the activities authorized herein; provided
that County does not hereby waive the immunities and limitations provided under the
Governmental Immunity Act or any successor thereto.
8. County shall construct, maintain, repair and replace, in a manner and by means in
accordance with its exclusive judgment, the Project, the Fence and the Landscaping (the
"Improvements") at its own expense. In the event that the Improvements are damaged or
destroyed by Grantors, their employees, agents and contractors, Grantors shall be responsible for
repair and restoration of the Improvements to their condition prior to such damage or destruction.
IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and
year first above written.
Grantors:
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ACKNOWLEDGMENT
STATE OF COLORADO )
County of & 1 / '€-
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The foregoing instrument was acknowledged before me this Ik- day of (J LJ7r I -<J T
2006, by Ralph E. Seago and Sherrie L. Seago
My commission expires: /0' {.", -0 q
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[seal]
COUNTY
EAGLE COUNTY, STATE OF COLORADO
by and through its BOARD OF COUNTY COMMISSIONERS
Peter F. Runyon, Chail11@t
Clerk of the Boar of County Conu:nissioners
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