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Home My WebLink AboutC08-175 WECMRD First Amendment to Master Maintenance Service AgreementFIRST AMENDMENT TO THE MASTER MAINTENANCE SERVICE AGREEMENT FOR FREEDOM PARK BETWEEN EAGLE COUNTY AND WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT. This First Amendment to the Master Maintenance Services Agreement for Freedom Park dated this 21St day of May, 2008 is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners (the "County"), and Western Eagle County Metropolitan Recreation District, a quasi- municipal corporation and political subdivision of the State of Colorado, by and through its Board of Directors (the "District"). RECITALS WHEREAS, on the 3rd day of May, 2005, the County and the District entered into a Lease Agreement (the "Agreement") for the Tract C, Berry Creek/Miller Ranch Planned Unit Development (the "Property"); and WHEREAS, on October 4, 2005, the County and the District entered into a Maintenance Services Agreement for Freedom Park which set forth the District's maintenance responsibility as it pertains to the Property; and WHEREAS, the County and the District wish to modify the scope of the District's maintenance responsibility as it pertains to the Property; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 18 of Article XIV of the Colorado Constitution, § 32-1-1001, C.R.S., and other applicable laws. NOW, THEREFORE, in consideration of the terms and conditions of the original Maintenance Services Agreement and the amendments herein, the sufficiency of which is hereby acknowledged, the County and the District agree that the terms of this First Amendment shall be added to the original Maintenance Services Agreement as follows: 1. Section 1 (a), Scope of the Services, shall be amended to read as follows: Areas included in the Scope of Services: Skate park, playground, volleyball courts, grounds surrounding pond, support facilities including shelters, restrooms, trash containers, bike path, and spray park. 2. The following language shall be added to Section 1, Scope of the Services, as paragraphs 1 (b)(viii) and (ix): viii. Operation and Maintenance of the Spray Park: Seasonal operation and maintenance of the Freedom Park Spray Park Feature (the "Spray Park") from Memorial Day to Labor Day each year, with daily hours of operation being 12:00 p.m. to 5:00 p.m. District shall perform daily routine inspections and maintenance in accordance with the recommendations contained in the portion of the Spray Park owner's manual, attached hereto and incorporated herein by this reference, and the complete Spray Park Operations and Maintenance Manual which will be kept in the maintenance shed, located at the Spray Park, for reference. The District will also pick up litter and other trash at the Spray Park each day. ix: Routine Inspections and Repairs of the Spray Park Components: District shall perform weekly inspections of switches, nozzles, electrical system, pumps, filter system and any other spray park component for which periodic inspections are recommended by the attached portion of the Spray Park owner's manual and complete Spray Park Operations and Maintenance Manual. District shall make repairs to the Spray Park components as necessary. Outside contractors maybe required for repairs that are extraordinary, in which case, County and District shall agree upon selection of an outside contractor to perform the work and that contractor's fees will be billed directly to Eagle County after the work is completed. x. Drain Spray Park Components at end of Season: After the last day that the spray park is in operation each season (the Tuesday after Labor Day), the District shall drain the spray park components and ensure that all components are drained and winterized. 3. Section 6, Independent District, shall be amended to read as follows: 6. Independent Contractor. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. The District shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of the District shall be, or shall be deemed to be, an employee, agent, or servant of the County. The District shall be solely and entirely responsible for its acts and for the acts of the District's agents, employees, servants, and subcontractors during the performance of this Agreement. 4. Section 10 b), Notices, shall be amended to read as follows: b) County: Tom Johnson Eagle County Facilities Management Director P.O. BOX 8S0 Eagle, CO 81631 County and District agree that, except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the original Maintenance Services Agreement shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this First Amendment and the original Maintenance Services Agreement, the provisions of this First Amendment shall control. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day and year first above written. ATTEST: ,y ~~ J I Clerk to th Board ; ATTEST Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through its BOARD Off' TY COMMISSIONER' ~ t~ Y~ " l Peter F. Runyon, Chairman / WESTERN EAGLE COUNTY METROPOLITAN RECREATION DIST I T By: Michael lass Chairman