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HomeMy WebLinkAboutC07-134 Eagle Vail Mag 7 and Stone GearSIDEWALK CONSTRUCTION AND MAINTENANCE AGREEMENT This agreement (the "Agreement"), entered into this /7 day of April, 2007 between Eagle County, Colorado ("County") and Eagle Vail Mag 7 LLC and Stone Gear LLC (jointly, "Big O"), WITNESSETH: WHEREAS, Big O is the owner and developer of certain real property located in Eagle County, Colorado for which approval has been given for a Minor Type A Subdivision known as the Big O Subdivision (the "Subdivision"); and WHEREAS, the approved Subdivision contemplates construction of a six foot wide sidewalk (the "Sidewalk") along State Highway 6 on the 421 foot frontage of the Big -O Subdivision in accordance with a sidewalk design satisfactory to the County and in conformity with the US 6 and I-70 G Corridor Feasibility Study for the use and benefit of residents and customers of the Subdivision and the general public; and WHEREAS, a portion of the land on which the Sidewalk is to be located is within the Colorado Department of Transportation ("CDOT") right of way (the "ROW"); and WHEREAS, the County and CDOT have entered into a Bike/Pedestrian Sidewalk License (the "License"), a copy of which is attached hereto as Exhibit 1 and made a part hereof by this reference, pursuant to which the County has obtained the right to construct the Sidewalk within the ROW in accordance with the plans attached to such License as Exhibit A thereto; and WHEREAS, the License makes the County responsible for compliance with the License, but acknowledges that the County intends to enter into an agreement with Big O with respect to payment for construction and maintenance of the License; and WHEREAS, Big O is familiar with the terms of the License and agrees to respect and adhere to the terms of the License in construction and maintenance of the Sidewalk. NOW, THEREFORE, in consideration of foregoing premises and following promises, County and Big O agree as follows: 1. Big O will cause the Sidewalk to be constructed, operated and maintained, at its sole cost and expense, in accordance with the License, specifically including financial responsibility for any and all damage to the State of Colorado's (the "State") roadway, structures and/or associated facilities caused by the construction, operation and maintenance of the Sidewalk within the ROW, except for damage caused by the State, and any such damage shall be corrected in accordance with the State standards and at Big O's sole expense. 2. Big O shall indemnify County against any and all claims, damages, liability and court awards, including costs, expenses and attorney fees, that arise as a result of the acts of its employees or agents or their acts of omission, if any, in constructing, operating and maintaining the Sidewalk within the ROW, provided that nothing in this agreement shall be construed as a waiver by the County of the provisions and protections of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as now enacted or hereafter amended. 3. Big O will take all actions reasonably necessary to facilitate County's compliance with its obligations under the License, including provision of preliminary engineering, design services and preparation of construction plans, and design worksheets used in the design of the Sidewalk. 4. Big O's responsibilities under this Agreement may be assigned only with the written approval of County to the terms of the assignment and the identity and qualifications of the assignee. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO tw4e and T its Board of County Commissioners By: B Teak Simonton coni Chairman Clerk to the Board Eagle County Board of County Commissioners Eagle Vail Mag 7 LLC Name: I�,� �;, —7F--�r o o V. 1. (print) Title: TN 0,-p,a '.W VJ�l r STATE OF COLORADO COUNTY OF OOag.A . The foregoing instrument was acknowledged before me this , 2007 by Witness my hand and official seal. 2 ss. 1-7 qkk day of A8 My commission expires: -2,0019 i STATE OF COLORADO Notary Public Stone Gear By: Name: 5 2'L/7Z (print) Title: ���� 5/✓JE ss. COUNTY OF , The foregoing instrument was acknowledged before me this \ " day of 2007 by 1 Witness my hand and official seal. Notary Publi My commission expires: My ,commission Expires oec. ig, 20D7 G p v: tkoTARy �OF Cp�.�'