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10-17-2012 ECRTA Trail Maintanence AgreementAGREEMENT BETWEEN THE TOWN OF AVON AND THE EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY REGARDING TRAIL MAINTENANCE FUNDS THIS AGREEMENT, made and entered into this 11 e day of OC�V�Re _ , 2012, by and between the Town of Avon, Colorado (hereinafter referred 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 to the standards adopted by the Town of Avon in the Eagle Valley Regional Trails Plan in 2001. 2. That the project work will consist of repair of asphalt damage due to tree root heaving on the river section of the Avon Eagle Valley Trail. The work will consist of asphalt and root removal, road base replacement and compaction, installation of root barrier material and re- paving. The project cost estimate is $15,640.00. The project work is described in Town's application for funds submitted in September, 2012. The ECO Trails fund, per the recommendation of the Eagle Valley Trails Committee and ECO Board, will contribute $7,340.00 to the project cost. 4. The section of the Eagle Valley Regional Trail for which the contribution is requested will be maintained by the Town as follows: 1. Monthly sweeping, March through November 2. Monthly vegetation control including weed removal, mowing, cutting and trimming 3. Trash removal 4. Repair and replacement of signs, fences, railings, striping, drainage and other trail features 5. Snowplowing, in season 6. Inspections monthly, or no less than quarterly That the term of this Agreement shall commence on the date executed by both parties and shall terminate on December 31, 2012 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. 6. ECO's financial obligations under this agreement are contingent upon its receiving sufficient revenues within its budget. 7. 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: M. by: COUNTY OF EAGLE, STATE OF COLORADO by and through its REGIONAL TRANSPORTATION AUTHORITY Jeff Shroll, Chairman LM Town of Avon Authorized RAresentative