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HomeMy WebLinkAboutC96-093 Town of VailC '96 9 3 0 3 LETTER OF AGREEMENT RE: DOWD JUNCTION BIKE TRAIL THIS LETTER OF AGREEMENT is made this� day of �, 1996, by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and the Town of Vail, State of Colorado, a municipal corporation, (hereinafter referred to as "Vail'). WHEREAS, Vail is in the process of providing a bike path/trail beginning at the western end of Interstate 70 and South Frontage Road traveling west approximately 1.5 miles to the pedestrian bridge over the Eagle River at the Colorado Highway 6 and Interstate 70 junction; also known as the Down Junction Bike Trail, for the benefit of the residents of Eagle County; and WHEREAS, the County has agreed to grant funds in the amount of $100,000.00 to be utilized and spent solely for the specific purpose of constructing the Dowd Junction Bike Trail; and WHEREAS, the term of this Agreement shall commence January 1, 1996 and end December 31, 1996; and WHEREAS, Vail has agreed to act as the manager of this project to construct the Down Junction Bike Trail. NOW, THEREFORE, the County and Vail agree as follows: 1. Scope of Work. Vail shall provide a bike path/trail beginning at the western end of Interstate 70 and South Frontage Road traveling west approximately 1.5 miles to the pedestrian bridge over the Eagle River at the Colorado Highway 6 and Interstate 70 junction. 2. Price. The County shall pay to Vail an amount not to exceed $100,000.00 as a contribution for construction of the Down Junction Bike Trail. All funds received under this Agreement shall be expended solely for the purpose for which granted, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. 3. Indemnification and Insurance. Vail certifies that it is independent of the County, and nothing herein contained shall be construed to create the relationship of principal and agent or employer and employee between Vail and the County. Vail indemnifies the County and its agents from any and all claims, judgments, losses and expenses of any nature arising out of any act or omission of Vail, its employees, its contractors or subcontractors involved in the construction of the Dowd Junction Bike Trail. Vail certifies that it is insured for at least $150,000 per person and $600,000 per occurrence against any loss or damage occurring to a third party as a result of performance of the construction of the Dowd Junction Bike Trail. L 4. Licenses. Permits and Regulations. The County understands that Vail is responsible for obtaining all licenses and permits and for familiarization with all regulations pertinent to the construction of the Dowd Junction Bike Trail. 5. Termination. Either party shall have the right to terminate this Agreement fifteen (15) days after written notice of intent to terminate is delivered by the terminating party. 6. Vail shall maintain adequate records of matching expenditures for reporting to the County. Vail shall maintain all records pertaining to this Agreement for a minimum of three (3) years and may be subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered by an auditor, Vail shall return said misused funds to the County. THIS LETTER OF AGREEMENT is entered into as of the date and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By. r Jr., Chairman 6CoZ6C— A. SATE S Qs& ATTEST: 04 O J to the Boarcrof County TOWN OF VAIL, a Colorado municipal corporation By: Robert W. McLaurin, Town Manager Attest: I �� Holly McCutcheon, Town Clerk F:\biketrail.agt 2