04-12-2013 Traer Creek Metro District Agreement for clean-up of Post Boulevard in Village at Avon project area 2013 SpringAVONNz,
April 10, 2013
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 April 15 through May 3rd, 2013,
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.
• TCMD grants a license to the Town of Avon to conduct clean -up activities as described
above in the Post Boulevard right -of -way. Traer Creek Metropolitan District agrees to
provide a payment in the amount of $5,800.00 to the Town of Avon, within 30 days of
receipt of invoice from the Town of Avon.
It is understood that inclement weather could limit work Should the clean -up only be
partially completed due to inclement weather, the Town will bill Traer Creek
Metropolitan District a proportional amount based on work completed.
• A second phase of Post Blvd work is the assessment of the irrigation system. Traer Creek
Metropolitan District, which contracts with Hollywood Services to plow the sidewalks, shall
ensure that Hollywood repair 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.
• Traer Creek Metropolitan District 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 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.
Town of Avon:
By: Virginia Egg , o n Manager
Date: • % Z ' l 3
TCMD: e
Y.
Date: . / /