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HomeMy WebLinkAboutC08-010SNOWPLOWING AGREEMENT THIS AGREEMENT {"Agreement"), made this ZI~~Pday of ~.. 2007 between Eagle County, Colorado ("County") and Heritage Park Building & Development, Inc. ("Heritage"), WITNESSETlEit: WHEREAS, County and Heritage are parties to a Subdivision and Off-Site Improvements Agreement ("SIA'~ dated September 21, 2004, relating to P1:JD File No. PDF-00085; and WHEREAS, under the SIA, Heritage was obligated to construct certain improvements, including streets and roads; and WHEREAS, under the SIA, the parties agreed, in Section 4.9, that prior to completion and acceptance of the improvements covered by the SIA such improvements are and remain the sole responsibility and charge of Heritage; and WHEREAS, Heritage has requested that County, for the benefit of its citizens already residing in the Heritage Park subdivision and who may become residents of such subdivision, to commence snowplowing of the•streets and roads pending fiAal acceptance of the improvements covered by the SIA; and WHEREAS, County is willing to undertake such snowplowing for the benefit of its citizens on the farms and conditions sat forth herein. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Heritage agree as follows: UNDERTAKIl~TGS BY COUNTY County agrees to perform snowplowing on ail public roads and streets located within the boundaries of Heritage Park Subdivision during the remaining period until acceptance by County of such roads and streets and associated improvements in accordance with the terms and conditions of the SIA. ~ It is understood and agreed that the County Road and Bridge Department's policy on snowplowing of streets and roads, as applicable throughout the County in such subdivisions, shall be applicable to County's undertakings hereunder. County hereby agrees that it shall be responsible for any damage to subdivision improvements caused by work performed by the County or its agents or employees under this Agreement Notwithstanding the foregoing, County may cease snowplowing under this Agreement at arty time, with or without cause, upon written notice to Heritage until such time as the public roads and streets have been accepted by the County for maintenance and inclusion in the Eagle County road inventory. ACKNOWLEDGEMENT: Heritage, and the County hereby acknowledge that the public roads and streets located within the boundaries of Heritage Park Subdivision have not been accepted by the County for maintenance and inclusion in the Eagle County road inventory and therefore agree that the SIA remains in place and in full force and eff~t in accordance with its terms, and that Section 3.3 of the SIA governs the liabilities of the parties except as otherwise provided in this Agreement, Heritage and the County further acknowledge that the County's ~owplowing services as provided in this Agreeme~ shall not be deemed an acceptance of the public roads and streets for maintenance or inclusion in the Eagle County road inventory, such acceptance and inclusion not to occur until altar the two-year warranty period, . NIISCELLANEOUS: This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in Eagle, Colorado. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of County and Heritage and their respective successors and assigns. In particular, the obligations of Heritage hereunder shall survive the expiration of the SIA, and upon $nal settlement and release of funds under the SIA, in the event of any pending claims against County by any person or entity arising from County's performance of its undertakings hereunder, County may withhold an amount of collateral sufficient to cover such claim or claims pending resolution of such claims if permitted by the SIA. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or Heritage and their respective successors and assigns, any right, remedy or claim under or by reason het~eof of by reason of any covenant or condition herein contained. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such rematn;.,g provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. This Agreement ~Y be ~~~, modified, changed, or terminated in whole or is part only by written agreement duly authorized and executed by both County and Heritage. This Agreement represents the full and complete understanding of County and Heritage and supersedes any prior agreements, discussions, negotiations, representations or understandings of County sad Association with respect to the subject matter contained herein. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. 1N WITNESS WHEREOF, County and Heritage have executed this Agreement this day of .2007. Page 2 4 ~ ATTEST: BY; ~(~/ Clerk to the Board Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and ~ '~uJ~ 1 OF ~`~'~c~UN~ccrnrvRU c ~otoapo° . Menconi, Heritage Building & Development, Inc. BY: ,vim. ~ ,+C'T~ 4 STATE OF 1 ^-~~~ ) ~o ) SS. COUNTY OF C.~-~, `~ U The foregoing instrument was acimowledged befor County Commissioners of Eagle County, Colorado, My commission expires: .-~- V ~' ~ u NANCY R. WRIGHT NOTARY PUBLIC STATE OF COLORADO issio 2010 SS. COUNTY OF [„~ e me by A~n M. enconi, Chairman of the Board of ~_~~Y o 200. r `~-c~--,~- ~ I ,~ Notary Public ' Th fore o' g instrumenrt was acknowledged before me by G ~_ of Heritage Building ~E Development, Inc, this~ST 0 2007. My commission expires: d ' Notary Pub ' Page 3