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05-11-2009 Agreement TOA and ECRTA Trail Maintenance GrantAGREEMENT BETWEEN THE TOWN OF AVON AND THE EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY REGARDING TRAIL MAINTENANCE GRANT THIS AGREEMENT, made and entered into this 04_` day of , 2009, by and between the Town of DVC'►, , Colorado (hereinaf eferred to as the "Town ") and the Eagle County Regional Transportation Authority (hereinafter referred to as "ECO "). WHEREAS, Resolution No.96 -22 created ECO and provided for its duties and powers, which include determining grants and bikeway projects to be funded from the monies budgeted and appropriated therefore; and WHEREAS, ECO has received a request for ECO funding from the Town, in accordance with the Trail Repair and Safety Grant program adopted by ECO in February, 2005. IN CONSIDERATION of that request, the parties agree as follows: That the section of trail within the Town for which the ECO contribution is being granted will be constructed and maintained to the standards adopted by the Town of Avon in the Eagle Valley Regional Trails Plan in 2001. 2. That the project will consist of reconstruction of 670 feet of paved trail located behind the Brookside development on the south bank of the Eagle River. The trail has been damaged by root growth from adjacent trees. The project boundaries are represented in the Town's application submitted on May 4, 2009. Work will include asphalt removal, root and vegetation removal, sub -grade prep, sterilant, base and asphalt installation. 3. The ECO Trails fund, per the recommendation of the Eagle Valley Trails Committee and ECO Board, will contribute 70 percent to the total $16,700.00 estimated project cost or an amount not to exceed $11,700.00. 4. That the term of this Agreement shall commence on the date executed by both parties and shall terminate on December 31, 2009, unless the Agreement is extended by both parties prior to that end date. Any unexpended funds may be required to be returned to ECO as well as any funds not properly expended according to project objectives. ECO may terminate this Agreement between ECO and the Town on ten (10) days notice if it is deemed by ECO that the project is not as agreed upon. 5. ECO's financial obligations under this agreement are contingent upon its receiving sufficient revenues within its budget. 6. In order to receive the funds granted under this Agreement, Contractor will submit an invoice to ECO at the completion of the project. Invoices will be submitted to ECO Trails, P.O. Box 1070, Gypsum, Colorado 81637. Payment will be made according to the County's regular bill paying procedure. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. One counterpart each has been delivered to ECO and to the Town. ATTEST: Clerk to the Regional Transportation Authority TOWN OF AVON ATTEST: In n By: `�� B) �Av n own Cle COUNTY OF EAGLE, STATE OF COLORADO by and through its REGIONAL TRANSPORTATION AUTHORITY Jeff Shroll, Chairman