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HomeMy WebLinkAboutC09-373 Sweetwater Fire Protection Services Center`4m/ MEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS AND SWEETWATER FIRE PROTECTION SERVICES CENTER THIS Memorandum of Understanding ("MOU") is made this ay of A ijbtaAr between Eagle County, by and through its Board of County Commissioners of Eagle County, Colorado ("County") and the Sweetwater Community Club, Inc. ("SCC"). County and SSC are referred to herein collectively as "parties." WHEREAS, SCC owns and maintains certain property within Garfield County, Colorado, and desires to construct a building for fire protection services purposes on that -property ("Fire Protection Services Center or FPSC"); and WHEREAS, SCC's plans for constructing the FPSC includes a Fire Truck Barn; and WHEREAS, County desires to assist SCC in the construction of that FPSC by providing building materials for constructing the foundation of the Fire Truck Barn; and NOW, THEREFORE, in mutual consideration for the covenants and promises set forth below, the parties hereto agree as follows: 1. County Responsibilities A) County shall appropriate for and provide SCC up to $12,000 to be used solely for the purpose of purchasing materials for the construction of the foundation of the Fire Truck Barn ("Foundation"). The funds provided by Eagle County shall be used only for the purchase of materials necessary to complete the Foundation and shall not exceed $12,000. B) County shall distribute funds for the Foundation materials within thirty (30) days following a request by SCC for the funds and an authorization by a County Representative ("Representative"). The Representative, as identified in Section 9 of this MOU, or the Representative's designee, will authorize the distribution of the County funds appropriated for the Foundation upon receipt of an invoice for materials furnished to SCC from the supplier selected to provide the materials for the FPSC. 2. SCC Responsibilities A) SCC shall furnish to Representative a receipt for any awarded contracts with contractors for the construction of the FPSC. B) SCC shall be solely responsible for the design and construction of a FPSC. C) FPSC shall include a Fire Truck Barn. \rd 3. Subiect Property The Property that is the subject of this MOU and on which the construction discussed in Sections 1 and 2 of this MOU will be performed is described in the deed attached hereto as Exhibit "A." 4. Remedies Should SCC fail to complete construction of the FPSC to the point of being awarded a certificate of occupancy within two years following the distribution of County funds for construction, or SCC fails to enter into a contract for construction of the FPSC, County shall be entitled to a return of all funds tendered by County to SCC for purposes of constructing Foundation. 5. Insurance A. At all times during the term of this MOU, SCC shall maintain in full force and effect the following insurance: Type of Insurance Workers' Compensation Employers Liability, including occupational Disease Comprehensive General Liability, including Broad form property damage Professional Liability Insurance Coverage Limits Statutory $500,000 $150,000 per person and $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. $ 500,000 per occurrence Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement. B. As applicable to this MOU, where SCC permits other corporations, entities, or persons to operate vehicles on or utilize the subject property during the normal course of business, it shall require that entity, person, or corporation to maintain the same level of insurance and execute the same indemnification agreement as set forth in this MOU. Both parties shall name the other party as an additional insured on the general liability policy and on any agreement. Certificates of insurance should be tendered by each party to the other within ten (10) days of execution of this agreement by the last party. Failure to comply with this provision shall permit the complying party to terminate this agreement upon written notice. 6. Prohibitions on Public Contract for Services A. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an 2 illegal alien to perform work under the public contract for services. If the contractor is a sole provider of services, they shall attach an original singed copy of Exhibit A to this MOU. B. The Contractor shall verify or attempt to verify through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the contractor shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https://www.vis-dhs.com\emoloverreeistration C. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of paragraph (D) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. 7. Modification and Assignment Any revision, amendment or modification of this MOU shall be valid only if in writing and signed by all Parties. This MOU may not be assigned by any party without the written agreement of all parties to this MOU. 1-M� 8. Time of Performance This MOU shall be effective on the date of the last signature. All obligations of the parties to this MOU shall be completed on or before December 31, 2009 except for the remedies made available to County in Section 4 of this MOU. 9. Notice All notices required under this MOU shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid to the addresses of the Parties set forth herein. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper addresses as set forth below. County: Tom Johnson Public Works Director 500 Broadway PO Box 850 Eagle, CO 81631 SCC: William Stephens Registered Agent Sweetwater Community Club 0600 Sweetwater Rd. Gypsum, CO 81637 10. Miscellaneous A. The relationship of SCC to County is that of independent contractor. No agent, employee or volunteer of SCC shall be deemed to be an agent, employee or volunteer of County. B. In the event of litigation in connection with this MOU, the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expense. C. Invalidity or unenforceability of any provision of this MOU shall not affect the other provisions hereof, and this MOU shall be construed as if such invalid or unenforceable provision was omitted. D. SCC shall indemnify and hold harmless County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses, including but not limited to attorney fees, incident thereto which may accrue 4 against, be charged to or be recoverable from County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors, as a result of the acts or omissions of SCC, its employees or agents, in or in part pursuant to this MOU or arising directly or indirectly out of SCC's exercise of its privileges or performance of its obligations under. this MOU. E. SCC shall comply at all times and in all respects with all applicable federal, state and local laws, resolutions, and codes. F. Notwithstanding anything to the contrary contained in this MOU, County shall have no obligations under this MOU after, nor shall any payments be made to Contractor in respect of any period after, December 31 st of the calendar year of the Term of this MOU, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §§ 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). G. This MOU shall be governed by the laws of the State of Colorado. Jurisdiction and venue for any suit, right or cause of action arising under, or in connection with this MOU shall be exclusive in Eagle County, Colorado. H. This MOU supersedes all previous communications, negotiations and/or agreements between the respective Parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in this MOU. I. This MOU does not, and shall not be deemed or construed to, confer upon or grant to any third party or Parties any right to claim damages or to bring any suit, action or other proceeding against either Contractor or County because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. J. Contractor certifies that it has read the MOU, understands each and every term and the requirements set forth herein, and agrees to comply with the same. H Signature Page to Follow H 5 ... IN WITNESS WHEREOF, the Parties hereto have caused the MOU to be executed as of the date set forth herein by their duly authorized representative. ATTEST: Clerk to the Bo d of o<� # County Commissioners STATE OF COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By. Sara J. Fisli6r, Chairman SWEETWATER COMMUNITY CLUB .bk.O$4T (print name and title) ) SS. COUNTY OF ) The fAegoing instrument was acknowledged before me byj this day of ( jri�t. 4- .2009. My commission expires: . :�/ / /_r _3 QD p XGE.MG 0 T A R otary Public'�— �y.P BLI( to aecept49nq:..758341 10la8/2008 89:18�26 W1 Joan Albarica 1 of 18 pea fie:f0.00 Doc Fee%8.00 WFIELO COUNTY Co AGRBRbm= FOR SWEETWATER FIRS PROTECTION SERVICES CENTER THE PARTIES to this agreement are the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STArZ OF COLORADO, (hereinafter referred to as "BOCC") and the S EETWATER COMMUNITY CLUB, INC. (hereinafter referred to as RSWBETWATEW ) . WHEREAS, Sweetwater owns and maintains certain property within Garfield County, Colorado, and desires to construct a building for fire protection services purposes on that property; and WHSRRAS, the BOCC desires to assist Sweetwater in the construction of that fire protection services center; and WHEREAS, the AOCC desires to obtain the use of property owned by Sweetwater for use as a staging area for its Road and Bridge Department. NOW, THEREFORE, in mutual consideration for the covenants and promises set forth.below, the parties hereto agree as follows: 1. ProJect. The Project that is the subject of this agreement is set forth in full in the Scope of Services attached hereto as Exhibit A. 2. Subiect Property. The Property that is the subject of this agreement and on which the Scope of Services will be performed is described in the deed attached hereto as Lbcbibit B. 3. Bgcc Responsibilitiest. The responsibilities of the BOCC are set forth in full in:the Scope of Services attached hereto as Exhibit A. 4. Sweetwater ResDonsibilit es. The responsibilities of Sweetwater are set forth in full in the Scope of Services attached hereto as Exhibit A. S. joint Responolbilities. Both parties to this agreement shall exercise use of the subject Property in a manner that will not interfere with Sweetwater' s use for Community Club and fire protection purposes and the BOCC's use for Road and Bridge maintenance purposes. V 71 munw.• � a. To the extent permitted by law, each party to this agreement shall hold harmless, indemnify and defend the other P Ift.f. ■ilkIiI4PitIiM1rYP{Ii1P41tfiibtliiilhfLN�tl+�+'<+�t�fNd �IIII Roo tlenN: 793,W4 50IOB JIM, 0�J 25 M Jean Albarlw w:50.00 ooe Fas:0.00 00RFIEW C"V CO party, including the other party's employees, officers, agents, and assigns, from any claim, lawsuit, or award of damages, to the extent such claim, lawsuit or award of damages arises from the action or inaction of that party's own officers, employees and agents. b. Nothing herein shall be interpreted as a waiver of governmental immunity, to which the BOCC is otherwise entitled under Section 24-10-101, et seq., C.R.S., as amended. 7. Insurance. Each party to this agreement shall maintain insurance with companies authorized to do business in the State of Colorado or through a properly certified governmental pool insurance program in the following minimum coverage amounts or as specified in the Colorado Immunity Act, section 24-10-101, et seq., C.R.S., as amended, whichever is greater. a. General Liability. one hundred' fifty thousand dollars ($150,000.00) per occurrence or six hundred thousand dollars ($600,000.00) per claim. b, worker, s Compensation and Unemployment Insurance. As required by law. C. General Automobile Liability Insurance. one hundred fifty thousand dollars ($150,00b.00) per occurrence or six hundred fifty thousand dollars ($650,000.00) per claim. d. As applicable to this agreement, where Sweetwater permits other corporations, entities, or persons to operate vehicles on or utilize the subject Property during the normal course of business, it shall require that entity, person, or corporation to maintain the same level of insurance and execute the same indemnification agreement as set forth in this agreement. Both parties shall name the other party as an additional insured on the general liability policy and on any automobile liability policy maintained pursuant to this agreement.' Certificates of insurance should be tendered by each party to the other within ten (10) days of execution of this agreement by the last party. Failure to comply with this provision shall permit the complying party to terminate this agreement upon written notice. E *... `,00 mill nnNyvdWLmm14NIMh46rMAN 11111 fto T,11M—R 758941 3 o,f10 Re Fi9:$D600 D.. Fie ObBO1GARFIELO COIAITY CO 8. Illegal Aliens - Public Contracts. a. The Contractor (entity or sole proprietor) shall execute the certification attached hereto as Exhibit D, in conformance with the provisions of 58-17.5-102(i) and 524- 76.5-101, C.R.S., as amended. b. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this public contact for services; or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien who will perform work under this public contract for services. C. The Contractor shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services through participation in either the E-Verify Program or the Department Program. d. The Contractor shall not use either the E-Verify Program or the Department Program procedures to undertake pre- employment screening of job applicants while this public contract for services is being performed. e. If the Contractor obtains actual knowledge that a subcontractor performing work under this public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall: (1) Notify the subcontractor and the EOCC within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (1), above, the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to 3 u mIIIIiI4PllIMI�'YIP11114YhIP1�114�IIhSI1H�111+(f�'I�I+{INId BIIII Re<eplle#: 756941 10/01811. 6 08:10:26 OM Jean N149461 4 of Ie 08 Fee:S0.00 Doo Fea:0.00 MF[ELD CWM CO establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to its authority. g. Notwithstanding any other provision of this public contract for services, if the Contractor violates any provision of this paragraph, the BOCC may terminate this public contract for services and the Contractor shall be liable for all actual and consequential damages resulting from that terminations. h. Except where exempted by federal law and except as provided in 924-76.5-103(3), C.R.S., as amended, the Contractor receiving Garfield County funds under this public contract for services must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to 924-76.5-103(4), C.R.S., as amended, if such individual applies for public benefits provided under this public contract for services. If the Contractor has verified that the County has accomplished such confirmation prior to the effective date of this public contract for services, the Contractor is relieved of responsibility under this paragraph. 9. Time of Performance. This Agreement shall be effective on the date of last signature. All obligations of the parties to this Agreement shall be completed on or before December 31, 2009. Time is of the essence hereof, whenever this agreement requires that a duty, responsibility, or payment must be accomplished by a time certain. Failure to so perform shall be considered a default under this agreement. lo. Consideration. All promises and covenants set forth herein shall be considered reciprocal consideration between the parties assuring performance of the duties by each party to this agreement. Such consideration shall include the transfer of all monies and property as set forth herein. 4 fiIIItMBt.&IMN 11111 R<aaptl..#: 766941 ,C,p6/8666 66:Ie:]6 M Jun plbar loo e of 16 Rao Faa40.00 COO Faa:O.00 6 FIEL6 COUNTY CO 11. Whole Agreement. This contract sets forth the whole agreement of the parties. No representation, either verbal or written, shall be considered binding on either party to the extent it is not set forth herein. 12. Appropriation. This agreement is expressly contingent upon appropriation and budgeting for the costs required by any of the parties to this agreement. Should any party fail to appropriate or have available sufficient funds to pay for the costs of its obligations set forth herein, this agreement shall be considered of no force and effect. 13. Effective Date. This agreement shall become effective upon the date of the last signature to this agreement. 14. Amendment and Assignment. This agreement may be amended, altered, or modified by the parties solely through a written agreement signed by all parties. This agreement may not be assigned by any party without the written agreement of all parties to this agreement. 15. Facsimiles and counterparts. Facsimile documents with original signatures may be provided upon request. This document and all documents required for performance of this agreement may be signed in counter parts. Facsimile signatures may be substituted for all originals on such documents. 16. GovernincY Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this agreement. Venue for any action instituted pursuant to this agreement shall lie in Garfield County, Colorado. 17. Authority. Each person signing this agreement represents and warrants that said person is fully authorized to enter into and execute this agreement and to bind the party it represents to the terms and conditions hereof. 1S. Notice. All notices required under this agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid to the addresses of the parties set forth herein. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper addresses as set forth W mill AWL rlAV��i 4iII Ui�I PWT I�� Nr4LI�L��h� 4iftlN d �� �u ,-.e ,-4 75694f 11 /Ofi gm 09:1B:2a pM .lean Rlbvr[eo 6 of 16 Roo F..:S0.00 I. F..o0.60 CRRFtELO COUNTY CO below. Any party, by notice so given, may change the address to which future notices shall be sent, ATTEST: Notice to BOCC: Board of County Commissioners Attn: County Manager 108 8th Street, Suite 213 Glenwood Springs, CO 81601 Phone: (970) 945-5004 Fax: (970) 945-7765 Notice to Sweetwater: William Stephens' Registered Agent Sweetwater Community Club o600 Sweetwater Rd. Gypsum, CO 31637 BbkRF OF D FTr7ICO(jf7TOY S40RADOS By: Dated: 1 /0 By: 4PrInt Name and TitlftU V«„rPhGyW Dated: 1 /ten T:\HyFilaa\)U3MR\6weatwmtar Community Club 09.17-08.wpd 6 .. .mill Mill Reeepflonp' 738941 181"I2008 0", 8:25 0e Josn 8lborlco ] 01 le Rao Foe:30.00 0. Foo:0.00 ORRFIno COUM c0 SCOPE OF SERVICES - EXHIBIT A 1. Garfield County Responsibilities. a. The BOCC shall consider appropriation of twenty nine thousand dollars ($29,000) to assist Sweetwater in the construction of a Fire Services Protection Center, including necessary foundation construction. Additionally, the BOCC shall consider appropriation of an amount not to exceed ten thousand dollars ($10,000.00) to pay for all cost of surveyors, civil engineers, architects, and soil engineers needed to design and construct the subject building. If the BOCC appropriates the funds set forth above it shall pay the sum of five thousand ($5,000) to Sweetwater upon transfer of the easement set forth in Paragraph 2e below, the form of which is attached as Exhibit C. The remaining twenty four thousand dollars ($24,000) direct payment to Sweetwater shall be paid within thirty days of the BOCCI receipt of an awarded contract between Sweetwater and the contractor selected to construct the subject building as well as any contract or agreement obligating Sweetwater to construct the foundation for the subject building. if the BOCC rejects the contract and plans submitted for the subject building as inadequate within thirty days of receipt, no transfer of the remaining twenty four thousand dollars ($24,000) shall occur, and the subject contract.shall be terminated. The BOCC shall pay the cost of surveying, engineering, and design within thirty days of receipt of invoice -from the subject professional service provider to the point where the contract is completed, terminated, or not awarded. b. As part of this Agreement, the BOCC shall waive all fees for building permits, certificates of occupancy, excavation permits,and any fees incurred to obtain appropriate land use approvals. 2.' Sweetwater Responsibilities. a. Sweetwater shall be solely responsible for the design and construction of a Sweetwater Community Club/Fire Protection services Building. ..0e `w MIII6Y4PiAYI�YP�LU��PibflWhldMll�IRUA�4iNIINJ �IIII Reaep!lonB' 7689'1% n 10f00/YDDB D9: 18•IV1 Jn Alberloo D of 16 Rec Fae:M.00 Doo Fer.0.D0 DAFFIElO DOWITY GO b. The Sweetwater Community Club/ Fire Protection Services Building that is the subject of this Agreement shall contain approximately 1200 square feet of covered and protected space designed to provide housing and maintenance areas for at least one piece of fire protection equipment adequate to service the SweetWater area. C. Prior to initiating construction of the above referenced structure, Sweetwater shall obtain all necessary building, excavation and land use permits required by Garfield County for the purpose of erecting the subject structure and utilizing the property for the purposes anticipated for that structure. d. -Subsequent to occupancy of the structure referenced above, Sweetwater shall occupy the building constructed pursuant to this Agreement solely and exclusively for fire protection purposes. Sweetwater may contract with or permit others to utilize the subject structure for fire protection purposes. e. Prior to transfer of the initial five thousand dollars ($5,000) referenced in paragraph 1 above, Sweetwater shall execute and deliver to the BOCC an easement dged in the form set forth in Exhibit C attached hereto. The purpose of the easement shall permit the BOCC to utilize the subject property for a road and bridge staging area needed for the Sweetwater area and for no other purpose. 3. Remedies. a. Should the BOCC fail to fulfil its obligations as set forth herein, Sweetwater may terminate this agreement forthwith, undertaking no further responsibilities for erection of the subject building or provision of fire protection services'. Additionally, if the BOCC fails to fulfil its responsibilities in regard to its own use of the subject property and also interferes with Sweetwater through that use, Sweetwater shall be entitled, upon sixty (60) days written notice to the EOCC, to seek rescission of the easement that is transferred as part of this agreement. Exhibit A to Agreement for Fire liotortlon Se rvicea Center - Sweetwater 2 mill Me,HU'd 1111111111 Recepticnp: 768991 10.1 16 R. 11Fe-:0. Btl Jem SlbeAcy� S of 16 Seo Fea:Se.De Oao Fee:CC.CO GPRFIFLD GOIAITY CA b. Should Sweetwater fail to utilize the structure that is the subject of this Agreement for a period of six months after receipt of certificate of occupancy or if it should commence use of the subject structure for fire protection purposes and than cease such use for a period of six months, the BOCC shall be entitled to extend its use of the subject property of the building, utilizing the building as part of a road and bridge staging area. Upon commencement of the use of this subject building pursuant to this provision, Sweetwater may retake possession of the building solely upon demonstration that fire protection services are available and will utilize the subject structure. Additionally, should Sweetwater fail to enter into a contract for construction of the subject structure, the BOCC should be entitled to retain the easement for use of the subject property for a road and bridge staging area and also be entitled to return of all funds tendered to Sweetwater for purposes of building construction. Exhibit A to Agreement for Fire protection Services Center - Sweetwater 3 Reeerdea , Reoaptiox Alt ..... t Est rir. COY - hl,latwat�Y D,,�y � yrotaction serVicea ... 1 R EAGLE Coll 9EC2 1375 toux481 %E499 ih091.�iU IOY6LT ! } y f: •. tldt IIIIgntILLT RY tICT RE fRJ, within the County t'j, •; r of Eagle. State 01"4olarfor. the consideration of Yen adg. (510.0o) Dollars, in hand paid, and other valuable consideration hereby gUiteiailts to SWEETWAT4:R CoHHUHITY CLUB, County of Eaglu, State of Colorado, the fall4Hipg•deicrtbed property in the County -of Eagle and state of Colorado, to -wit: A tract of land si tunto in the S%M. Sdetion 23, Township 3 South, Range a7 West of, the 6th P.H. hnd more fully described as fbllows: Begin ni nEsaid Snt on etionthe 23�north whenco ne the East the said 59NEY„ k corn r of said S dt ng3 bears Soluth hen.eNort88035'W 314.561 feet4 al Ongt{ the thI north line of the said SkHEk to tha Northtast corner of the Bernadine. they Ea sty Ll ne'ofh tbao Ber nndin aOGl ausentT Pact; thence East 125.07 feet• thence North 790 to'thest. feet; a pot nt of beginningl.c containing'C1North 642eet acres, more or less. with all the appurteh'aA'bes.-""' -� ,...;...,SIONEO thi{ t day of Becember, 1975, EAGLE COUNTY SCNAL'OISTRICT RE 603 i Z'PRESIDENT STATE OF COLORADO County O? Eagle ) - /�;ha.for egof n9 •fnstrubeui. by'j.. FRED COp ed•bafare ESI 1.915, and EkHESTYCHAYEZcasbS SECRETARY of EAGLEE COUNTYESCHOOL p DISYRICT RE 50J, •Wi{tress my hand and official seal, �'..,'`• Hy Commis on expire$: Cli' 7-. �eqs li. C1 "• 4 . ,•,..�.. ,.{ Ats �nl"tittil'�"IX.:LhY2: ff, r.��•(��i/li F• o arY c n an for EheS a e of Colorado. `,a4 ua,��esf� p& EXHIBIT BYhibit a A9tabnent for Piro etotacti00 set+ieea Center - aMeetMteT mill hi�LYt�IMtilhWif t�I Uhl Ilf9ihM �hlNdWiIN �I III Re-epU-n8: 706941 10/09/2099 09: 18:26 FH Jam Mori. If of f4 Rao Faa:i0.W Doo Faa:D.00 DMFMO CWtITY W EASEMENT AGREEMENT FOR USE OF PROPERTY THIS EASEMENT is effective the day of , 2008, and is by and between the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO ("Grantee"), whose address is 108 Bih Street, Suite 213, Glenwood Springs, Colorado 81601 and SWEETWATER COMMUNITY CLUB, INC. 0600 Sweetwater Road, Gypsum, Colorado 81637 ("Grantor"). A. Grantor is the owner of certain real property fully described in the copy of the deed attached hereto as Exhibit 1. B. Grantee is a governmental entity and subdivision of the State of Colorado responsible for the maintenance of the Garfield County Road System, which system includes Sweetwater Road, otherwise known as County Road No. 150. C. Grantee has.reyueated and Grantor desires to grant Grantee, its successors and assigns, an easement for use of the property described in Exhibit A attached hereto under the terms and conditions contained herein. NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants an easement to Grantee under the following terms and conditions: 1. Easement. Grantor hereby grants to Grantee a perpetual easement for use of all of the property described in Exhibit A hereto, excluding those portions of the property to be utilized for erection of a fire protection services center and the Sweetwater community Club. 2, Use of Easement by Grantee. The easement granted herein shall be used solely and exclusively by Grantee for a Road and Bridge maintenance staging area. The use pursuant to this easement shall extend to the fire protection services center upon a demonstration that the Grantor has failed to utilize that structure for fire protection purposes for a period of six (6) months from. day of issuance of certificate of occupancy or fails to use it for fire protection purposes for any six (6) month period after it has initially commenced such use. The rights granted to the Grantee pursuant to this easement shall not permit the Grantee to interfere in any manner with the Grantor's use of the subject property for fire protection purposes or Community Club purposes. Grantee shall ¢ EXHIBIT 3 mill NI4FZQnlhf9aht+ M111PliUCKUPPUN1IIII ReeeptionM 759941 00e2D08P8:325P bneP:bDa0GPFIEO DAJfY co12 of 16 :0oo Fff in no event interfere with Grantor's use of the property for those purposes, including any accessory use for parking or public access. Additionally, Grantee shall not install any obstructions or buildings of a permanent nature on the subject property. In the event of erection of any obstruction or encroachment on the subject property by Grantee, Grantee understands and agrees. that such obstruction or encroachment may be removed by Grantor at Grantee's cost and that Grantor shall have no responsibility or liability for any damage or destruction thereto. Additionally, Grantor agrees that it will not interfere with Grantee's use of the subject property as set forth herein, nor will it permit others to interfere with Grantee's use of the property for Road and Bridge maintenance staging purposes. 3. Binding Agreement - Recording. This easement is binding upon the parties hereto, their successors and assigns. This Agreement shall be recorded with the Eagle County Clerk and Recorder, the Garfield County Clerk and Recorder, and shall impose an easement and covenants running with the land upon Grantor's Property. 4. Governing Law: Venue,• Attorneys' Fees. This easement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this easement shall be in Eagle County, Colorado and Garfield County, Colorado. in the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this easement or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. 5. Authorization of signatures. Grantor acknowledges and represents to Grantee that all procedures necessary to validly contract and execute this easement have been performed and that the person signing has been duly authorized to do so. Easement Agreement for ese of property -2008 Sweetwater con city Club 2 mill Muir hu�ta+�r�w�,«xc n+ni cb Fill Reception#: 756941 ...... 2009 09:19:26 AM Joan albarloe 13 of to Rao Fe9:{0.00 Doe Fee:0.00 GARFIELD COUNTY CO Executed the day and year first above written. ATTEST: Clerk to the Board ATTEST: STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Chairman Dated: SWEETWATER COMMUNITY CLUB By: (Print Noce and Title) Dated: The foregoing instrument was acknowledged before me this day of - , 2008, by John Martin as Chairman of. the Board of County Commissioners, and Jean Alberico as Clerk of the Board. WITNESS my hand and official seal. My commission expires: Notary Public Address of Notary Eaaemaot Agreement for ueo of property -2009 SReetvater Community Club 3 Roeepllonp• 7508�1 101a8Y10 Reo9Fe�o50.0�0 0ae F ef0 00 GngF7ELB COLpITY c0 STATE OF COLORADO ) sa. COUNTY OF ) The foregoing instrument was acknowledged.before me this day of , 2008, by Of the Sweetwater Community Club. wiTNEss my hand and official seal. My commission expires: Notary Public Address of Notary Easement Agreement for use of property -200S sweetwater Conmunity Club 4 as ULU Z S M5 Aaenrda4 sc_...../y�yo a qR � BOU6481 YA6E499 awaptioa lo. :G'/l7'/'la tIneae.•Iawraer — saj ar r�• o y [ a •� ! • , )•• DIR Nmson;m R[ -23-75 tl s{{ ,•-�� L •CCAIH :GEED; EAGLE COUNTYT SC10JU DISTRICT RE 60J, within the County S .2 v I ME x of Eagle, State of, r Colorado, for the consideration of Ten LL (f10.00) Dollars, in hand paid, and other valuable consideration R� hereby 4ditllailis to SWEETWATER COMMUNITY GLUE, County of Eagle, State of Colorado, the fallowing described property "e [ 1n the County of Eagle and State of Colorado, to,wi t: 4A A tract of land situate in the SNNE%, Section �56 23. Township 3 South, Range 87 Nest of the 6th P.R. hnd more fully described as follows: Bey inning at a point on the north line the ^m8 said SkNEk. said Section 23, whence -the East••mLL k corner of said Section 23 bears South 380 • sa �08 293 E 174.3.45 feet; thence North 880 35' N �w�u 314.56 feet along the north line of the slid a SkNEk to the Northeast corner of the Bernadine. y%n Clausen Tract; thence South 200.67 feet along the East Line of the Bernadine Clausen Tract; thence East 12S.07 feet; thence North 790 36' Eas't 192.41 feet; thence North 160.6 feet to the point of beginning, containingt1.42 acres, more or leis. with all the appurtenan2es-"" .. tGHED this day of December, 1975. ,• '•" %'�-?4'� EAGLE COUNTY SCHHWL, DISTRICT S 4 iFIICl AT: ` • A#-11 / ' RESIDENT STATE OF COLORADO 1 ) ss. County of Eagle ) The foregoimp .insirueuemt. wasxauow7.hdged, befare.me, this /9 day of December, 1976, by 4. FRED COLLETT as PRESIDENT and E ST CHAYEZ as SECRETARY of EAGLE COUNTY SCHOOL DISTRICT RE 5Od. . Witness my hand and official seal, Hy Commiss on expires: VnIA-I j^Ti• .('r ': wE .... ....�nG'Gr�i,:'•�%E` •l'e6nlF.' � •; L•t- notary c In MW I Tie —Sac o I Colorado. s: Pua' N Or 1�41••nM M' . EXHIBIT 1 -r�Caxrr�rmr Bill Mill RecepU one: 738941 1a/Oa/MOB e9: 18:25 Ra Jean 9lEarioo 16 of 16 Roo Fee:f0.00 Oeo Fa1:a.00 GMF1El0 WUNTY Co R BOARD OF COUNTY COMMI$JIONERS OF OARF C ,` Yl CERTIFICATION AND AFFIDAVIT U RROARDINQ ILLEGAL ALIHOS The Contractor, whose name and signature appears below, certifies and agrees as follows: 11 * 1. The Contractor shall comply with the provisions of C.R.S. 8.1a 5illeg t seq. The Contractor sbal} not knowingly employ or contract with an i field alien to perform work for the Board of County Commissioners A. f Garfield County, Colorado (`HUCC") or enter into a contract with a au ,acto�z that knowingly employs or contracts with an illegal alien. J■ 2, The Contractor represents, warrants, and ag�ee// that it has confirmed nt the employment eligibility of all employees who are. ndwly. hired or emplotici a on to perform work under this public contract for s'ices thzoug p P in either the E-VezifY Program. or the Departmentt//Ppzo$ ram��`, °rvti.s� 1 comply with the requirementa of C.R.S. '9-17.5-1O2j2i (15)• • ,.,.� 3, The Contractor shall comply with all reasonable requests y'aFs a en t . course of an investigation under C.R.S. 8-17.5-102 by the COlOrane Departmnt of Labor and any Employment. If the Contractor fails to complythe SOCCamny requirement of this provision or C.R.S. 8-17. 5-101 et seq., terminate work for breach and the Contractor' shall be liable far actual and consequential damages to the State. 4, If the Contractor is a sole proprietor, the Undersigned hereby swears or affirms under penalty of perjury under the laws of the State of Colorado that (check One)[ Y sin a United Statee citizen, or I am a permanent Resident of the United States, or _ I am lnwfully present in.the United States pursuant to Federal law. I understand that this sworn statement is required by law because Z am a sole proprietor entering into a contract to perform work reires me to for the ROCC. I understand that proof that I am lawfully p resent in ethewUnited States p Sor Providetostarting work for the BOCCI I further acknowledge that I will comwith the requirements of C.R.S. 24-76.5-101 at Aeq. and willlproduce the required form of identification prioreto starting work. I acknowledge that, making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the critainal laws re Colorado as perjury in the second degree under C.R.S. 18-8-503. CERTIFIED and AORERD to this __ day of 200_ CONTRACTORS L> v'>z-' (-- n',� FEIN or Social 8ec....y Number (Contzacto Ful Lega Nem ) BY: Title Signature of orize Rep . 1,6,1Z,,don AfIIdevil E$MIT D (07108) Pou utaas ars Ramrded s_��„g•o .K BOgM148I fA6E499 EsaaptioaeIo. ''j✓fU'` In ta beae.'Aetorfei x5•, -a I. taut "Dow ut I Cl fit -•l3'75 CAIN:DEED; EAGLE COURTYYSCNOgLi DISTRICT RE IOJ, within the County of Eagle, State of,Colorado, for the consideration of Ten (110.00) Dollars, in hand paid, and other valuable consideration hereby 4dittlaims to SNEETNATER COMMUNITY CLUB, County of Eagle, state of Colorado, the following described property in the County of Eagle and State of Colorado, to+wit: A tract of land situate in the S%NEh. Section , 23, Township 3 South, Range 87 Nest of the 6th P.K. hod more fully described as follows: Be inning at a point on the north line the sald.ShHEh, said Section 23, whence -the East h corner of said Section 23 hears South 380 293 E 174.3.45 feet; thence North 880 35' N 314.56 feet along the north line of the slid ShNE14 to the Northeast corner of the Bernadine. Clausen Tract; thence South 200.67 feet along the East Line of the Bernadine Clausen Tract; thence East 125.07 feed thence North 790 36' Eas't 192.41 feet: thence North 160.6 feet to the point of beginning, cohtalning-�1.42 acres, more or less. with all the appurtenhn'tes. •'-' ' IGRED this day of December, 1975. to �t'ry4,j EAGLE COUNTY SCNOJIL, DISTRICT < <'';'S • RE 501 BY: �'.r �•,,'rz/�nl7t�u .. .. /PRESIDENT STATE OF COLORADO 1 33. County of Eagle ) - The faregoinp .iasirument. was-acknaNJ.bdgad, before,me, this /.[q,.�day of December, 1975, by 4. !RED COLLETT as PRESIDENT and ERfIcST CHAVE2 as SECRETARY of EAGLE COUNTY SCHOOL DISTRICT RE 504. ". Witness my hand and official seal RY CommT ss on�7 expires: Yn-ra+'/d, DlY7�. ifia ta — Fotary n or c n an. G io Colorado. �pUar;��r r'r yf Or CDi',"`- EX IBIT n 9