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08-12-2014 MOU Long Term Maintenance CDOT and TOAMOU Maintenance Town of Avon MEMORANDUM OF UNDERSTANDING (MOU) Between The State of Colorado — Department of Transportation And Town of Avon SRM #: 351001086 This MOU entered into between the Colorado Department of Transportation ( "CDOT" or "State ") and the Town of Avon ( "Local Agency ") located at PO Box 975, Avon, CO 81620, (together "the Parties "), is for the transfer of long -term maintenance responsibilities for the sidewalks located at the Northwest and Southeast corners of the intersection of U.S. 6 and West Beaver Creek Boulevard/Prater Road, as described in Exhibit A. I. General Provisions A. The Maintenance Scope of Work includes the following: Capital Maintenance on the Northwest and Southeast corners located at the intersection of U.S. 6 and Prater Road/West Beaver Creek Boulevard, as seen in Exhibit A. The Town of Avon will assume capital maintenance responsibilities, including long term capital improvements for the sidewalk, in perpetuity, described in Exhibit A, unless amended or terminated by CDOT. B. Term The Parties concur that this MOU and the transfer of capital maintenance responsibilities, including long term capital improvements, from CDOT to the Local Agency will become effective upon approval of the Chief Engineer. The Town of Avon will assume capital maintenance responsibilities for the Northwest and Southeast corners located at the intersection of U.S. 6 and Prater Road/West Beaver Creek Boulevard in perpetuity, described in Exhibit A, unless amended or terminated by CDOT. C. Day -to -day communications regarding this agreement shall be directed to: For the State: Michael Goolsby CDOT 606 South 9b Street Grand Junction, CO 81501 970 - 683 -6306 michael.goolsby @state.co.us D. Entire Understanding For the Local Agency: Virginia Egger, Town Manager Town of Avon PO Box 975 Avon, CO 81620 970 - 748 -4452 vegger @avon.org The Parties acknowledge that no other written or oral representation, different or apart, from this MOU has been made. This MOU is intended as the complete integration of all understandings MOU Maintenance Town of Avon SRM #: 351001086 between the Parties. No prior contemporaneous addition, deletion or other amendment hereto shall have any force or effect unless embodied herein by writing. No subsequent novation, renewal, addition, deletion or amendment hereto shall have any force or effect unless embodied in a writing executed and approved by both Parties. E. Modifications This MOU may be updated any time for adjustment resulting from the Work and any changing needs of the Parties. All modifications must be mutually agreeable, in writing, and signed by the authorized signatories or by their duly appointed representatives. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 0r MOU Maintenance Town of Avon II. Signatures THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT *Persons signing the MOU hereby swear and affirm that they are authorized to act on their Organization's behalf and acknowledge that the State is relying on their representations to that effect. By: LOCAL AGENCY Town of Aeon STATE OF COLORADO John W. Hickenlooper, Governor C Department of Transportation ' Title: `�%�YlC�l� By Cott McDani , P ting i En ' eer F : Donald E. H CDOT Executive rector Signatory avers to the State Controller or delegate that Local Agency has not begun performance of that a Statutory Violation waiver has been requested under Fiscal Rules Date: ISLZO Zia, Lr.� ©t 1 Date: Signature 41,00Iq By: 2nd Grantee Signature if needed Title: Signature Date: EXHIBIT A Scope of Work - CDOT Region 3 US 6 Edwards East and West Beaver Creek Blvd Improvements Maintenance Agreement CDOT Project No. NH 0063 -043 Capital Maintenance Responsibilities Town of Avon (Town) to maintain: • Curb, gutter and sidewalks on Northwest and Southeast corners of intersection of U.S. 6 and Prater RoadAN. Beaver Creek Boulevard including long term capital improvements. • Any damage to the curb, gutter and sidewalks or roadway that results from failure of aspects maintained by the Town will be repaired at the expense of the Town. CDOT to maintain: • Long term and minor maintenance of pavement along US 6 including potholing, crack repair and capital improvements • Drainage structures (two inlets connecting to an existing pipe under US 6) at southeast corner of the intersection including long term capital improvements. • Signing and striping along US 6 • Snowplowing US 6 • Maintain and mow per Maintenance Level of Service, all un- irrigated landscaping (CDOT approved seed mix only, 3:1 slope or shallower). Long term capital improvements of the curb, gutter and sidewalk to be completed by others via separate maintenance agreement. Upon the closure of the project the above responsibilities take effect. The above delineations apply only to new construction produced by the project. Existing unaltered appurtenances will continue to be maintained as they are currently. The attached Maintenance responsibility map depicts the maintenance boundaries as identified by the responsibilities above. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A — Page 1 of 2 EXHIBIT A 1 - ' t � a e j[ _ -- ex me 3 i r r � Pd1Q f °.• � i r J Exhibit A — Page 2 of 2