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Home My WebLink AboutC11-380 Summit Stage Parking Agreement 2012 Parking Agreement ECO- Summit PARKING AGREEMENT THIS AGREEMENT is entered into the day of y Or g, 2011, the Eagle County Regional Transportation Authority, doing business as ECO Transit ( "ECO "), and Summit Stage ( "Summit County "); IT IS AGREED as follows: 1. Services. During the term of this Agreement, ECO Transit will provide the following services: (a) Indoor paved parking stalls at the Leadville Bus Storage Facility at 205 Hwy 6, Leadville, Colorado (the "Premises ") to be used for maximum of three (3) transit vehicles during January- December 2012 at a charge of $3,300.00 per month. (b) ECO Transit will supply six employee storage lockers for driver useage located in the office area. (c) Summit Stage drivers will have access to all parts of the facility. A space for material storage will be designated for Summit Stage within the facility. Employee parking spaces will be provided as part of this agreement. 2. Limits on Use. No other services by ECO Transit are included other than those explicitly listed herein. Other uses of the Premises are not permitted without ECO's written consent and will be considered a breach of this Agreement. The following additional limitations on use apply: (a) The outside Premises are not secure; Summit Stage is advised that use of the outside Premises is "at your own risk ". (b) Parking stalls shall be those designated by ECO Transit. (c) ECO Transit staff reserves the right to physically drive and relocate any of the Summit Stage's vehicles, provided that the vehicle remains within the physical site, at any time for any reason. Summit Stage agrees to provide ECO with functioning keys and /or key -codes capable of unlocking and starting all Summit Stage vehicles parked on the Premises. (d) All vehicles parked on the Premises included under this Agreement must be in full running order. ECO reserves the right to remove from the Premises at Summit Stage's cost any vehicle that will not start, is dilapidated, or has not been restored to full running order by Summit Stage or their assigns for a period of thirty (30) days or more. (e) Summit Stage agrees to keep the Premises clean, sanitary, and in good condition and, upon termination of the Agreement, vacate the Premises to ECO in a condition identical to that which existed when the Summit Stage initiated site use, except for ordinary wear and tear. (f) Summit Stage agrees to immediately notify ECO of any defects or dangerous conditions in and about the Premises of which Summit Stage becomes aware. (g) Summit Stage agrees to reimburse ECO, upon demand by ECO, for the cost of repairing any damage to the Premises caused by acts or omissions of Summit Stage. (h) Summit Stage herein acknowledges that the Summit Stage has examined the Premises and has found them to be in good, safe, and clean condition at commencement of this Agreement. 3. Facilities. ECO represents that its facilities are adequately equipped to offer said services. 4. Billing for Services. An invoice will be issued by the tenth day of each month for services performed during the previous month. Payment is due in full within thirty days of receipt of the invoice. ECO Transit reserves the right to adjust the rates charged for services. Page 1 of 2 2012 Parking Agreement ECO- Summit 5. Term and Termination. This is a month -to -month service agreement which commences on January 1, 2012 and terminates December 31, 2012 unless otherwise terminated earlier in accordance with this Agreement. Either party may terminate this Agreement without cause on fifteen days written notice. In the event of breach of this Agreement by either party, the other party may terminate this Agreement upon seven days written notice unless the breach is cured within the seven day period. The parties desire to implement this Agreement as soon as possible. The signatory for ECO has the authority to bind ECO to the terms and conditions of this Agreement. However, continuation of this Agreement is contingent upon the subsequent ratification of the same by board action of the Board of County Commissioners of Eagle County at their next regularly scheduled meeting. 6. Indemnification. Summit Stage agrees to the extent permitted by law to indemnify, defend and hold harmless ECO, its respective agents, officers and employees of and from any loss, cost, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including reasonable attorneys fees arising out of acts or omissions of Summit Stage, or those of Summit Stage's agents, officers, servants and employees. 7. Insurance. Summit Stage must carry valid insurance for any individuals and property that are involved in use of the Premises. ECO is not liable for damage to Summit Stage -owned property, or any property owned by others and included in a service agreement operated by Summit Stage, while located on the Premises, including acts of vandalism, theft, or comprehensive damage of same vehicles. Summit Stage must provide insurance in the amount of $1,000,000 per occurrence and $1,000,000 aggregate. 8. Relationship of the Parties. The relationship between the parties is that of independent contractor, and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership, joint venture, or ownership interest in the real property. ECO shall be solely responsible for payroll withholding and payment of taxes as well as payment of unemployment compensation and other employment related benefits. EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY COUNTY OF EAGLE, STATE OF eAGz . COLORADO, By and T ough Its • BOA' ►. O ` COUNTY 9 • MMISSIONERS ih AT , ao • -* 4" tilA:,o► * By: Clerk to the Boar: of ° <omo o Jo ; vney County Commissioners C I , an By: J Tn Jsxe� �f , rj' / L� I� 2 Si ;ture , a/ Wit Xy kriRr-rAIEL ( c v,Try ika 0 ltAie r Cnmr ,� ,tpp,aw„d as to forth Loo Page 2 of 2