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03-17-2014 Through May 9,2014 Traer Creek Post Blvd. Clean-UpMarch 17, 2014 Traer Creek Metropolitan District c/o Michael Lindholm Email: MichaelLindholm @traercreek.com RE: Post Blvd. Clean-Up Dear Michael, Post Office Box 975 1 Lake Street Avon, CO 81620 970 - 748 -4000 970 -949 -9139 Fax 970 - 845 -7708 TTY This letter confirms our mutual agreement concerning the clean-up of Post Boulevard in the Village (at Avon) project area this spring. Per our discussions, Town of Avon and Traer Creek Metropolitan District ( "TCMD ") agree to the following: ® Town of Avon shall provide staff, equipment and contractors to conduct clean -up activities within the Post Boulevard right -of -way within the Village (at Avon) including but not limited the six round - abouts from Swift Gulch Road to the intersection on Highway 6, which clean -up shall occur during the period March 17th through May 9th, 2014, to accommodate inclement weather conditions. Clean -up shall be conducted in the Town's discretion and may include removal of a portion or all of the dead trees within the Post Boulevard right -of -way, may include removal of weeds and other vegetation, and may include such other customary road, sidewalk and landscaping right -of -way clean -up activities. A second phase of Post Blvd work is the assessment of the irrigation system. TCMD, which has contracted with a private contractor to plow the sidewalks, shall ensure that the contractor or TCMD has repaired any sprinkler heads that were damaged by the snow plows in the past winter season; and, work with Town of Avon staff to conduct a sprinkler head evaluation this spring, which will require water to be run through the system. Testing of the irrigation system this spring will help determine what the Town needs to plan for to use the irrigation system efficiently. ® TCMD will work with the Town of Avon to assess the electrical system for the street lights. This work is needed to help the Town identify problems and solutions for the operation of the lights. ® TCMD grants a license to the Town of Avon to conduct clean -up activities as described above in the Post Boulevard right -of -way and assessments of the irrigation and electrical 1 P A G E _. POST BLVD. CLEAN -UP systems. Funding for the clean -up shall be paid in total by the Town of Avon from proceeds collected from the currently imposed .75 Add -on Retail Sales Fee. ® TCMD agrees to name the Town of Avon as additional insured for the purpose of conducting clean -up activities in the Post Boulevard right -of -way. ® To the extent permitted by law, Town shall indemnify, defend and hold harmless TCMD (and its officials, agents, representatives, employees, contractors, and successors and assigns) from all claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys' fees) resulting from claims for bodily injury (including death) to any person or damage to any property, arising from the Town's clean -up activities in the Post Boulevard right -of -way; provided, however, that this indemnity shall not apply to any claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys' fees) resulting from any negligent act or omission of TCMD or its officials, agents, representatives, employees, contractors, and successors and assigns. ® To the extent permitted by law, TCMD shall indemnify, defend and hold harmless Town (and its officials, agents, representatives, employees, contractors, and successors and assigns) from all claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys' fees) resulting from claims for bodily injury (including death) to any person or damage to any property, arising from TCMD's activities in the Post Boulevard right -of -way; provided, however, that this indemnity shall not apply to any claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys' fees) resulting from any negligent act or omission of Town or its officials, agents, representatives, employees, contractors, and successors and assigns. Nothing in this letter agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town or to TCMD, or to its respective officials, employees, contractors, or agents, or any other person acting on behalf of the Town and /or TCMD and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. • 'J1 I_ •s By: Virginia Egger, Manager Date: -17Z - /- 21PAGE POST BLVD. CLEAN -UP Traer Creek Metropolitan District: i Date: ACORD CERTIFICATE OF DATE (MM /DDIYY) 0,. 04/02/214 PRODUCER LIC #N /A 1- 303- 757 -5475 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CIRSA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3665 Cherry Creek North Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Denver, CO 80209 INSURED Town of Avon INSURER A: CIRSA INSURER B: FIRE DAMAGE (Any one fire) PO Box 975 One Lake Street INSURER C: INSURER D: Avon, CO 81620 INSURER E: K*1Vj =17SO13_`I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN­S TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS EACH OCCURRENCE 55,000,000 A GENERAL LIABILITY LIAB 01 -2014 01/01/14 01 /01 /15 FIRE DAMAGE (Any one fire) S 5,000,000 X COMMERCIAL GENERAL LIABILITY X CLAIMS MADE E OCCUR MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY 55,000,000 X $10m POL E &O Aggregate GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 55,000,000 POLICY PRO LOC EC� A AUTOMOBILE X LIABILITY ANYAUTO LIAB 01 -2014 01/01/14 01/01/15 cidentj SINGLE LIMIT aa COMBINED (E $ 5, 000, 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC S ANYAUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE S S DEDUCTIBLE S RETENTION S WORKERSCOMPENSATION AND WC STATU- OTH- � I EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER S S s DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Certificate Holder is Additional Insured on Liability Policies if required by contract. As respects to Post -Blvd. Clean -up. vl -r�11r 1VMIL IIWI VL I - HUUI I IUNALI bUKLU,I bUKtK Lt 11 LK: '-' {.r/'�IVVGLL%'l 11VIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Traer Creek Metropolitan District DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Michael Lindholm 0101 Fawcett Rd., Suite 210 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Avon, CO 81620 At;UKU Zb -, (flUf) cwegman 39135038 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE USA O ACORD CORPORATION 1988 _J