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HomeMy WebLinkAboutC19-176 Biscayne Trust Howard KingEagle County Road Improvements and Maintenance License Agreement No. RIMLA- 0001 Biscayne Trust, by and through its Trustee, Howard King, (“Licensee”) is the owner of the parcel of land located at 1500 W Sheep Creek Road. On behalf of Licensee and any other co-owners of the property identified above (“the Property”), and as a condition of my being able to perform maintenance on an Eagle County public road as further described in this Agreement, Biscayne Trust hereby agrees to the following: 1. I understand and acknowledge that West Sheep Creek Road (the “Road”), which provides access to the Property, is a public road, under the jurisdiction of Eagle County, but is not a road for which Eagle County provides routine maintenance or repair or performs regular capital improvements. 2. As a result of my ownership of the Property, I have sought permission from the Eagle County Engineering Department to make limited improvements and perform limited maintenance (the “Work”) upon portions of the Road. The Work may take place only upon the section of West Sheep Creek Road from the intersection of Sweetwater Road to the property line of owner’s parcel. The Work shall be limited to: removing and resurfacing of up to four (4) inches in depth of road surface, widening the road to a consistent 15 feet, grading, compacting, and leveling the road surface. 3. I covenant and agree that all such Work shall comply to the extent practicable with the standards set forth in the Eagle County Land Use Regulations and that it shall be performed to assure that the Road is functional and safe for use by the public. 4. I agree that any improvement or maintenance activities I undertake may not change the Road’s surface type, width, capacity, or drainage features, except as noted above, without further prior written approval by the Eagle County Engineering Department. 5. I further agree to be fully responsible for correcting any damage to the Road caused by my or my agent’s actions or negligence, including but not limited to, paying for any and all costs necessary to reclaim any damage that occurs to the Road and to restore the Road back to its original condition prior to my actions or negligence, to the satisfaction of the Eagle County Engineering Department. 6. Apart from the permitted Work described above, I understand and agree that I am not authorized to undertake any other construction or maintenance of any kind on or along any portion of the Road without the express written consent of Eagle County. 7. In return for receiving permission to perform the above described Work on the Road, and after due consideration of the inherent risks involved in performing any maintenance on the road, I voluntarily agree to assume all risks of loss that arise out of my or my agent’s activities on the Road in association with this Agreement and I hereby release, and agree to indemnify and hold harmless Eagle County, the Board of County Commissioners and any of their respective employees, agents and representatives, whether anticipated or unanticipated, from liability for any injury, loss or damage resulting from my or my agent’s participation in any activities contemplated by this Agreement. I understand the County in no way waives or intends to waive the limitations on liability which are provided to the County and its employees under the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et. seq. 8. The County hereby grants a revocable, non-exclusive license to Licensee to make limited improvements and perform limited maintenance to the Road as set forth in paragraph 2, above, subject to the terms, conditions, promises, and covenants of this Agreement. Notwithstanding any provision to the contrary, no property title, rights or interests, including leases or easements, are granted by this Agreement. The County reserves the right to terminate this Agreement and the permission granted herein at any time by giving Licensee at least seven (7) days' DocuSign Envelope ID: 591F37FF-8DDD-40D6-B4BF-2FBB27D60AA7 written notice of such termination, except that Licensor may, at its election, terminate this Agreement immediately without such notice at any time if Licensee fails to comply with or abide by each and every provision contained in this Agreement, if Licensee willfully or deliberately violates any provisions or conditions of this Agreement, or on the grounds that health, safety or welfare requires such action. 9.This Road Improvement and Maintenance and License Agreement may be transferred or assigned to a subsequent owner of the Property by giving seven (7) days’ written notice to the County. The parties intend that in such a case, this Agreement is binding on the Licensee’s successors and assigns. 10. The Licensee represents and agrees that all permits, approvals, and other governmental authorizations required by law to be obtained for the improvement and maintenance of the Road as set forth in paragraph 2, above, have been obtained and are current and, if any others are required in the future, the Licensee will diligently take all actions necessary to obtain such permits, approvals, or other governmental authorizations and to comply with the same. To the extent that there are any fees, charges, fines, penalties, or other costs or expenses associated with obtaining such permits, approvals, or other governmental authorizations or imposed for failure to obtain or comply with such permits, approvals, or other governmental authorizations, the Licensee shall be solely responsible and liable for payment. 11. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both Eagle County and Owner. This Agreement represents the full and complete understanding of Eagle County and Owner and supersedes any prior agreements, discussions, negotiations, representations or understandings of Eagle County and Owner with respect to the subject matter contained herein. __________________________________ ___________________________________ County Representative Licensee Signature __________________________________ ___________________________________ Printed Name of County Representative Printed Name of Licensee Date: _________________ Date: ______________ DocuSign Envelope ID: 591F37FF-8DDD-40D6-B4BF-2FBB27D60AA7 5/21/2019 Howard King 5/21/2019 Jeff Shroll