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HomeMy WebLinkAboutC24-381 Eagle Valley Transportation Authority_bill of sale 4 quail circle 0106BILL OF SALE, ACKNOWLEDGEMENT AND INDEMNIFICATION AGREEMENT THIS BILL OF SALE, ACKNOWLEDGMENT AND INDEMNIFICATION AGREEMENT (“Agreement”) is made by and between Eagle County, Colorado (“Eagle County” and Eagle Valley Transportation Authority (“EVTA”). BILL OF SALE Eagle County, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has ASSIGNED, QUITCLAIMED AND CONVEYED, and does hereby ASSIGN, QUITCLAIM, AND CONVEY unto EVTA, its successors and assigns, without representation or warranty, all of Eagle County’s right, title and interest in and to the personal property and improvements (the “Personal Property”) installed on or about the Property described in attached Exhibit A. ACKNOWLEDGEMENT AND AGREEMENT NOW, THEREFORE, the Parties acknowledge and agree as follows: 1.EVTA takes the Personal Property “AS IS – WHERE IS” and “WITH ALL FAULTS.” Eagle County has not made and does not make any representations as to the physical condition, operation or any other matter affecting or relating to the Personal Property and EVTA expressly acknowledges and agrees that no such representations have been made. Eagle County expressly disclaims and EVTA acknowledges and accepts that Eagle County has disclaimed to the maximum extent permitted by law, any and all representations, warranties, or guaranties of any kind, oral or written, express or implied, concerning the Personal Property, including but not limited to (i) the value, condition, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose of the Property, (ii) the manner or quality of the construction of the materials, if any, incorporated into the Personal Property, and (iii) the manner, quality, state of repair or lack of repair of the Personal Property. Eagle County is not liable or bound in any manner by any verbal or written statements, representations or information pertaining to the Personal Property furnished by any agent, employee, or other person, unless the same are specifically set forth or referred to herein. 2.EVTA, its successors or assigns, agrees to assume all liability for, and to the extent of EVTA’s insurance coverage, indemnify, hold harmless and defend Eagle County from and against any and all claims arising from loss, damage, actions, expenses, and liability resulting from, brought for, or on account of, any personal injury, threat of personal injury, or property damage received or sustained by any person or persons arising out of, occurring or attributable directly or indirectly, to the use of the Personal Property for any purpose that occurs after the delivery of possession of the same to EVTA. Any release, hold harmless and indemnity given hereunder shall not constitute a waiver of any rights or immunities afforded the Parties under § 24-10-101, et seq., C.R.S. and any fiscal or monetary obligations of EVTA arising under this Agreement shall be subject to annual budgeting and appropriation by the governing body of EVTA. Docusign Envelope ID: 3494D5E9-9077-489D-85F6-AEE25078375D Page 2 of 3 3.Executed to be effective as of the 30th day of July, 2024. 4.This Bill of Sale may be executed in a number of identical counterparts which, taken together, will constitute collectively one agreement. By acceptance of this Bill of Sale, EVTA hereby accepts and agrees to all matters set forth herein. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Matt Scherr, Chair Date: Attest: By: Regina O’Brien, Clerk to the Board EAGLE VALLEY TRANSPORTATION AUTHORITY By: Tanya Allen, Executive Director Date: Docusign Envelope ID: 3494D5E9-9077-489D-85F6-AEE25078375D 8/2/2024 8/2/2024 Page 3 of 3 EXHIBIT A to Bill of Sale (Legal Description of Property) Residential Unit F4, QUAIL RUN TOWN HOMES, FILING 2, according to the Plat recorded March 8, 2001 at Reception No. 751491, and as defined and described in the Amended and Restated Declarations recorded September 23, 2015 at Reception No. 201517955, County of Eagle, State of Colorado. Also known by street and number as: 0106-4 QUAIL CIRCLE, GYPSUM, CO 81637. Docusign Envelope ID: 3494D5E9-9077-489D-85F6-AEE25078375D