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HomeMy WebLinkAboutC14-151 Lake Creek Village LLC Agreement AGREEMENT BETWEEN LAKE CREEK VILLAGE, LLC AND THE COUNTY OF EAGLE, STATE OF COLORADO FOR MAINTENANCE SERVICE �" THIS AGRE CENT made and entered into this ` day of kk�,A., (,t , , by and between the Lake Creek Village, LLC (hereinafter referred to as "Lake Creek"), and the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the"County"). WITNESSETH: WHEREAS, Lake Creek desires assistance from County to maintain its equipment; and WHEREAS, County has the ability to perform maintenance on equipment, provide and has the capacity to assist Riverview; and WHEREAS, County and Lake Creek intend this Agreement to set forth the scope of the responsibilities of the parties and terms and conditions to govern their relationship in connection with the maintenance services. AGREEMENT NOW, THEREFORE, for good and valuable consideration and in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES: The County does hereby agree to perform general and preventative maintenance services for the Lake Creek equipment, at the rates set forth in the attached Exhibit A entitled Eagle County Fleet Services Rate Schedule for Service—Equipment. The equipment to be serviced under this Agreement is identified in Exhibit B, Equipment List for Riverview. Said maintenance services shall be limited to those items set forth in Exhibit A unless approved in writing by the parties. 2. PERIOD OF AGREEMENT: A. The initial term of this Agreement shall commence upon execution of this Agreement by both partiesand shall end on December 31, 2014. This Agreement shall automatically be renewed and extended for an additional one-year term commencing on January 1, 2015, unless earlier terminated in 1 accordance with the provisions of this Agreement. B. This Agreement may be terminated by either party for any reason, with or without cause, and without penalty upon thirty (30) days written notice. In the event of termination,County shall be compensated for all incurred costs and hours of work completed through the date of termination. This contract shall be reviewed by County at regular intervals with regard to fair compensation. 3. REMUNERATION: A. Lake Creek agrees to pay the County at a rate of$85.00 per hour for Mechanic's time performing general maintenance services plus the cost of all parts and/or fluids as more fully set forth in Exhibit A. This Agreement shall be reviewed by County with regard to fair compensation. Such rates are subject to amendment and modification by mutual agreement of the parties upon each renewal period or at a time otherwise agreed to in writing by the parties. In the event the County agrees to perform additional services to those outlined in Paragraph 1 of this Agreement or as set forth in Exhibit A, then the hourly rate shall be negotiated by the Eagle County Fleet Manager and Lake Creek and agreed to in writing prior to the County performing any additional maintenance services. The total compensation under this Agreement shall not exceed five thousand dollars ($5,000)without a signed amendment to this Agreement. B. The County shall bill Lake Creek for maintenance services provided on the first of every month. The County will provide with the monthly invoice a summary billing report for maintenance services provided. Payment by Lake Creek is due and owing to the County by the 30th of the month. Any payments made by Lake Creek to the County must be made payable to Eagle County Fleet Services. 4. INDEMINIFICATION/HOLD HARMLESS: To the extent allowed by laws, Lake Creek shall hold the County and its officials, boards, officers, principals and employees harmless for all losses, costs, claims, damages and liabilities, including reasonable attorney's fees and expenses that County or any of its officials, boards, officers,principals and employees may become subject to, insofar as any such losses, costs, claims, damages or liabilities against the County arise out of this Agreement and County's maintenance service of Lake Creek vehicles. • 5. MISCELLANEOUS: 2 A. Lake Creek recognizes that the County is providing a service for Lake Creek and that County vehicle repairs are the number one priority of the Eagle County Fleet Mechanics. County will make good faith efforts to schedule maintenance services of Lake Creek equipment as requested by Lake Creek or within a reasonable time thereafter. B. All written notices shall be given by certified mail to the following address: Eagle County Fleet Services Lake Creek Village, LLC P.O. Box 1705 4923 Lake Creek Village Drive 10-101 Gypsum, CO 81637 Edwards, CO 81632 Attn: Harry N. Taylor Attn: Jill Klosterman (970) 328-3543 (970) 328-8773 C. The provisions of this Agreement shall extend to and be binding upon the respective parties hereto, their successors and assigns. Notwithstanding the foregoing, financial obligations of Lake Creek and the County, respectively, payable after the current fiscal year, are contingent upon funds for the purposes set forth in this Agreement being appropriated, budgeted and otherwise made available, as and to the extent required by Colorado law. D. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by both parties. E. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by Lake Creek or the County other than that contained herein. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction; this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. G. Lake Creek has represented to the County and, likewise, the County has represented to Lake Creek that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto do not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such court determination. 3 H. County and Lake Creek each shall maintain insurance and if requested by the other party, shall provide proof thereof. I. Nothing in this Agreement shall be deemed to make either party an employee, partner or representative of the other. IN WITN SS WHEREOF, the parties hereto have executed this Agreement this day yf A) , 2014. THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, by and through its County Manager BY: _ _ Keith Montag, County Manager LAKE CREEK VILLAGE,LLC Lake Creek Village LLC By and through Eagle County Housing and Development Authority, its sole member By: X94 4 Jill Klofterman, Executive Director 4 EXHIBIT A EAGLE COUNTY FLEET SERVICES RATE SCHEDULE FOR SERVICE Equipment Shop Rate & Other Charges for Light and Heavy Duty Equipment: Maintenance Services includes the general service of vehicles and equipment, Preventative Maintenance services, and all repair services provided. The Shop rate for all mechanical repairs is $85.00 per hour plus the cost of all parts and/ or fluids. Parts-current tax free cost plus 15%mark up. Outside Service will be billed at cost plus 10%. There is a$10.00 shop fee to cover supplies on each work order. Fuel charged at current price to county plus .17 cent mark-up per gallon. Automated Car Wash(drive through—automobiles and small trucks) $9.00 per vehicle. Emergency Call Outs: The shop rate for requested "emergency call outs"for mechanical repairs or service is $100.00 per hour plus the cost of parts and/or fluids. Fleet Services normal operating hours are 6:00 am—7:00 pm Monday through Friday. On weekends and holidays two mechanics are on duty to provide limited service to county departments. Emergency call out service is offered to Lake Creek weekdays(M-F) from 7:00 pm to midnight and on weekends and EC designated holidays from 6:00 am to midnight. Paint&Body Repairs: Sheet Metal Repair $70.00/hr. Refinish, Preparation& Painting $70.00/hr. Mechanical/Electrical $70.00/hr. Frame Repair $70.00/hr. Paint&Material Supplies $Cost plus 10% 5 EXHIBIT B Equipment List Lake Creek Village,LLC Vehicle Schedule No. Year Make Model VIN Agreed Value 1 2003 John Deere JD 6X4 Gator W006X4X070051 2 2007 John Deere JD-XUV Gator MOXUVGX011791 3 2004 VILL 6E K0412-376654 4 2003 Ford Van 1 FTNE24L03HB10026 6