10-24-2017 Bill of Sale sewer main constructed for the Avon Joint Public Safety FacilityBILL OF SALE — SEWER MAIN
KNOW ALL MEN BY THESE PRESENTS, that Eagle River Fire Protection District and
the Town of Avon, ("Seller'), for and in consideration of the mutual promises and
assurances made herein, the sufficiency of which is hereby acknowledged, and other
valuable consideration to be paid by EAGLE RIVER WATER & SANITATION
DISTRICT, a quasi -municipal corporation of the State of Colorado ("District"), has
bargained and sold, and by these presents does grant and convey unto the District, its
successors and assigns, the following property:
The sewer system, equipment, and related appurtenances and facilities, including all
related personal property (the "Improvements"), which are constructed or otherwise
acquired by Seller within the property generally known as Avon Public Safety Facility,
60 Buck Creek Road, Avon, Colorado, and described on Exhibit A, attached hereto and
incorporated herein by reference.
To have and to hold the same, unto the District, its successors and assigns
forever, and Seller, for itself, its successors and assigns, covenants and agrees to and
with the District, its successors and assigns, to warrant and defend the sale of said
Improvements, hereby made unto the District, its successors and assigns, against all
and every person or persons whomsoever, and warrants that the conveyance of the
Improvements to the District, its successors and assigns, is made free from any claim or
demand whatsoever.
The Seller further agrees and assures:
1. That all of the Improvements described herein were installed in substantial
compliance with the District's Rules and Regulations and applicable construction
standards, and that said Improvements are in first-class working order, free from any
defect whatever.
2. That no charges for materials or labor are due and payable on any of the
Improvements described herein, and that Seller shall indemnify, defend, and hold the
District and its agents, employees, engineers, and attorneys, harmless from and against
all claims, damages, judgments, losses, and expenses of every nature, including
reasonable attorney's fees, arising at any time out of any act or omission of Seller and
its employees, subcontractors and their employees, and all other persons directly or
indirectly involved or performing work for Seller on the Improvements described herein.
3. If within two (2) years after the date of Construction Acceptance of the
Improvements by the District, any Work is found to be defective, Seller shall promptly,
without cost to the District and in accordance with the District's written instructions,
within seven (7) days after the District's issuance of written instructions correct the
defective Work at Seller's cost. If Seller does not promptly comply with the terms of
such instructions or in an emergency where delay would cause serious risk of loss or
damage, the District may have the defective Work corrected or removed and replaced,
and all direct and indirect costs of such removal and replacement, including
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compensation for additional professional services, shall be paid by Seller. Seller shall
also pay for any damage done to other work, other property or persons that occurred as
a result of the defective Work within the TWO-YEAR warranty period.
4. Except for any notice required by law to be given in another manner, (a) any
notice to Seller provided for in this Bill of Sale shall be in writing and shall be given and
be effective upon (1) delivery to Seller or (2) mailing such notice by first class U.S. mail,
addressed to Seller to Seller's address stated herein or at such other address as Seller
may designate by notice to the District and (b) any notice to the District shall be in
writing and shall be given and be effective upon (1) delivery to the District or (2) mailing
such notice by first class U.S. mail, to the District's address stated herein or to such
other address as the District may designate by notice.
IN WITNESS WHEREOF, the eller has caused its name to be hereunto
subscribed this x' 4% day of F't �•— 20 .
SELLER:
By:
(Title)
7 Sh-le
Mailing Address
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
ay{a,
The foregoing instrument was acknowledged before me this _ day of (7e Aoi-ee ,
2017, by '5�g«,Y S.eQ4 Tr lGyr -t-4 r4N
as loofa* 0.1 Irt of S l++f/ a �o(prr d0
WITNESS my hand and official seal.
(S E A L)
SYDNEY JEAN IRELAND-KUEHN
Notary Public - State of Colorado
Notary ID 20174006986
My Commission Expires Feb 14, 2021
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Notary Public
My commission expires:
1-1 4 __2011
IN WITNESS WHEREOF, the Seller has caused its name to be hereunto
subscribed this �'Jtay of 201-4.
SELLER:
By:
(Title)'
gi5
CCS
Mailing Address
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this,,Lday of njc��hgy- ,
20,], by
as M n -AA
of
WITNESS my hand and official seal.
EALL _
DEBORAH M HOPPE
NOTAPY PUBLIC
STAT . OF COLORADO
NOT-lv l VC.154028128
My Wxpites July 18, 2021
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Qollyrnn-w 'M -
Notary
My commission expires:
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