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HomeMy WebLinkAboutC81-016 Antonio and Wendy LopezL..l CONTRACT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND ANTONIO AND WENDY LOPEZ KENNEL FACILITIES - EAGLE COUNTY ANIMAL CONTROL DEPARTMENT THIS CONTRACT, made and entered into this day of March, 1981, by and between the County of Eagle, State of Colorado, by and through its Board of County Commissioners, hereinafter referred to as the "County", and Antonio and Wendy Lopez, hereinafter referred to as the "Owners". WHEREAS, Owners, pursuant to a Lease -Purchase Option Contract dated December 29, 1980, are the proprietors of Paradise Kennels, 0329 Holland Hills Road, Basalt, Colorado; and WHEREAS, County desires to contract with Owners to provide kennel facilities for impounded dogs apprehended by the County's Animal Control Department pursuant to the Eagle • County Dog Control Resolution of 1979, as amended. NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the adequate fee and sufficiency of which is hereby acknowledged by the parties, it is agreed as follows: Kennel Space. Owners shall provide kennel space, normal feeding and care for dogs impounded by the County and delivered to Owner at Owner's place of business at 0329 Holland Hills Road. Normal feedings and care shall consist of providing food and water and cleaning with disinfectant of the kennel once daily. 2. Indemnity. County shall indemnity Owners from and against any and all liability, loss, costs, damages, attorney's fees, and expenses of whatever kind or nature which Owners may sustain or incur by reason or inconsequence of their boarding of dogs t delivered by County, except for any loss incurred by reason of Owners negligence. Owners shall not be liable for injury �../ to or death of any dog or cat through theft, fire, or an act of God, accept for any liability incurred by reason of Owners negligence. Owners shall indemnify the County, its respective agents, officiers, servants, and employees from and against any and all liability, loss, cost, damages, attorney's fees, and expenses of whatever kind or nature arising out of or related to the owners intentional or negligent acts or that of its employees, agents and servants, whether contractural or otherwise. 3. Delivery. �.►' Owners shall return a dog delivered by County only to County's Animal Control Officer or to such other persons as County may direct. 4. Disposal. Owners shall not dispose of any dogs apprehended and impounded by County; provided, however, that in the event a dog delivered by County contracts a severe illness, including but not limited to, distemper or other contagious diseases, owners shall have the authority upon notification and approval by County of same, to immediately dispose of said dog in the interest of the public health, safety and welfare. 5. Fee. County shall pay to Owners a fee for their services in a minimum amount of two hundred ten dollars ($ 210.00) per month payable monthly in arrears. Owners shall provide County monthly two (2) permanent kennels or sixty (60) boarding days of one (1) dog per kennel, whichever is greater, for the basic fee. In the event the County utilizes owners -I?- facilities beyond the two permanent kennels or for greater than sixty (60) boarding days, then County shall pay an 1%011" additional fee to Owners in the amount of three dollars fifty cents ($ 3.50) per dog per kennel per day, or if two (2) dogs are placed in one (1) kennel, at the rate of three dollars :($ 3.00) per dog per day. Owners shall submit an invoice*by the 25th of each month to County itemizing and substantiating the total amount due and owing to Owners by County for the respective month. Payment on approved invoices shall be made within f if teen (15) days of receipt of the respec- tive invoice by Owners. 6. Terms. This contract shall commence on the day and year ``wo' first above written, and continue until the 17th day of November, 1981. In the event that Owners exercise their option to purchase pursuant to the above -stated Lease -Purchase Option Contract, then the terms shall be extended until the 31st day of December, 1981. This contract may be terminated by either party by giving written notice of termination to the other party not less then thirty (30) days prior to the date of termination, which date shall be on the last day of a calendar month. 7. Renewal. This contract may be renewed by memorandum agree- ment by the parties referring to this contract and setting forth any amendments or alterations to it. 8. Amendment. No modification or waiver of this contract or of any•.covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the parties hereto. lftwo�' -3- 9. Interpretation. The laws of the State of Colorado and the rules lftmop, and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. 10. Appropriation. Financial obligations of County payable after the current fiscal year are contingent upon funds for the purposes set forth in this contract being appropriated, budgeted and otherwise made available. 11. Insurance. Each party to this contract shall provide its own insurance coverage as it may deem necessary for any potential liability arising from this contract. 12. Binding. This contract shall be binding upon and in inure to the benefit of the parties, their successors and assigns. By.-' 13. Severability. 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 interpretated as if such invalid agreement or covenant were not contained herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO by and through its BOARD OF COUNTY COMMISSIONERS By: L 'ierk of the Board oiff Dale F. Grant, Chairman ounty C issio -rs ;6 /r; z WITNESS: P.O. Box 850 Eagle, Colorado 81631 328-7311 Antonio Lopez, Owner Wendy Lopez, Owner Paradise Kennels P.O. Box 1014 Basalt. Colorado 81621 927-3425