HomeMy WebLinkAbout3.0 Agreement for Sweetwater Fire Protection Services Center.pdfFl!161$1340.11i1 kt 11101
Recept ionl#: 755841
10/08/2084 09:18;25 PM Joan Rleorivo
1 of 16 Poo Fee!Se.60 Doc Foe e.e0 GARFIELD COUNTY CO
AGREEMENT FOR SWEETWATER FIRE PROTECTION SERVICES CENTER
THE PARTIES to this agreement are the BOARD OF COUNTY
COMMISSXONERS OF GARFIELD COUNTY, STATE OF COLORADO, thereinafter
referred to as "BOCC ") and the .SWEETWATER COMMUNITY CLUB, INC.
(hereinafter referred to as "'SWEETWATER".
WHEREAS, Sweetwater owns and maintains certain property within
Garfield County, Colorado, and desires to construct a building for
fire protection services purposes on that property; and
WHEREAS, the BOCC desires to assist Sweetwater in the
construction of that fire protection services center; and
WHEREAS, the BOCC desires to obtain the use of property owned
by Sweetwater for use as a staging area for its Road and Bridge
Department.
NOW, THEREFORE, in mutual consideration for the covenants and
promises set forth below, the parties hereto agree as follows:
1. Project. The Project that is the subject of this
agreement is set forth in full in the Scope of Services attached
hereto as Exhibit A.
2. Subject Property. The Property that is the subject of
this agreement and on which the Scope of Services will be performed
is described in the deed attached hereto as Exhibit B.
3. BOCC Responsibilities. The responsibilities of the BOCC
are set forth in full in =the Scope of Services attached hereto as
Exhibit A.
4. Sweetwater Responsibilities. The responsibilities of
Sweetwater are set forth in full in the Scope of Services attached
hereto as Exhibit A.
5. Joint lesponsibidities. Both parties to this agreement
shall exercise use of the subject Property in a manner that will
not interfere with Sweetwater's use for Community Club and fire
protection purposes and the BOCC's use for Road and Bridge
maintenance purposes.
6. Indemnification.
a. To the extent permitted by law, each party to this
agreement shall hold harmless, indemnify and defend the other
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party, including the other party's employees, officers,
agents, and assigns, from any claim, lawsuit, or award of
damages, to the extent such claim, lawsuit or award of damages
arises from the action or inaction of that party's own
officers, employees and agents.
b. Nothing herein shall be interpreted as a waiver of
governmental immunity, to which the BOCC is otherwise entitled
under Section 24 -10 -101, et. seq., C.R.S., as amended.
7. Insurance. Each party to this agreement shall maintain
insurance with companies authorized to do business in the State of
Colorado or through a properly certified governmental pool
insurance program in the following minimum coverage amounts or as
specified in the Colorado Immunity Act, Section 24 -10 -101, et seq.,
C.R.S., as amended, whichever is greater.
a. General Liability. One hundred fifty thousand
dollars 0150,000.00) per occurrence or six hundred thousand
dollars 0600,000.00) per claim.
b. Worker's Compensation and unemployment Insurance.
As required by law.
c. Veneral Automobile Liability Insurance. One hundred
fifty thousand dollars {$150,000.00) per occurrence or six
hundred fifty thousand dollars ($650,000.OQ) per claim.
d. As applicable to this agreement, where Sweetwater
permits other corporations, entities, or persons to operate
vehicles on or utilize the subject Property during the normal
course of business, it shall require that entity, person, or
corporation to maintain the same level of insurance and
execute the same indemnification agreement as pet forth in
this agreement. Both parties shall name the other party as an
additional insured on the general liability policy and on any
automobile liability policy maintained pursuant to this
agreement. Certificates of insurance should be tendered by
each party to the other within ten (10) days of execution of
this agreement by the last party. Failure to comply with this
provision shall permit the complying party to terminate this
agreement upon written notice.
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8. illegal Aliens -- Public Contracts.
a. The Contractor (entity or sole proprietor) shall
execute the certification attached hereto as Exhibit D, in
conformance with the provisions of §8 -17.5- 102(1) and §24-
76.5 -101., C.R.S., as amended.
b, The Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this
public contact for services; or enter into a contract with a
subcontractor that fails to certify to the Contractor that the
subcontractor shall not knowingly employ or contract with an
illegal alien who will perform work under this public contract
for services.
c_ The Contractor shall confirm the employment
eligibility of all employees who are newly hired for
employment to perform work under this public contract for
services through participation in either the E-- Verify Program
or the Department Program.
d. The Contractor shall not use either the E- Verify
Program or the Department Program procedures to undertake pre-
employment screening of job applicants while this public
contract for services is being performed.
e. If the Contractor obtains actual knowledge that a
subcontractor performing work under this public contract for
services knowingly employs or contracts with an illegal alien,
the Contractor shall:
(1) Notify the subcontractor and the BOCC within
three days that the Contractor hae actual knowledge that
the subcontractor is employing or contracting with an
illegal alien; and '
(2) Terminate the subcontract with the
subcontractor if within three days of receiving the
notice required pursuant to subparagraph (1), above, the
subcontractor does not stop employing or contracting with
the illegal alien; except that the Contractor shall not
terminate the contract with the subcontractor if during
such three days the subcontractor provides information to
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establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
f. The Contractor shall comply with any reasonable
request by the Department of Labor and Employment made in the
Course of an investigation that the Department is undertaking
pursuant to its authority.
g. Notwithstanding any other provision of this public
contract for services, if the Contractor violates any
provision of this paragraph, the BOCC may terminate this
public contract for services and the Contractor shall be
liable for all actual and consequential damages resulting from
that terminations.
h, Except where exempted by federal law and except as
provided in §24- 76.5 - 103(3), C.R.S., as amended, the
Contractor receiving Garfield County funds under this public
contract for services must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present
in the United States pursuant to §24-76.5-103(4), C.R.S., as
amended, if such individual applies for public benefits
provided under this public contract for services. If the
Contractor has verified that the County has accomplished such
confirmation prior to the effective date of this public
contract for services, the Contractor is relieved of
responsibility under this paragraph.
9. Time of Performance. This Agreement shall be effective
on the date of last signature. All obligations of the parties to
this Agreement shall be completed on or before December 31, 2009.
Time is of the essence hereof, whenever this agreement requires
that a duty, responsibility, or payment must be accomplished by a
time certain, Failure to so perform shall be considered a default
under this agreement.
10. Consideration. All promises and covenants set forth
herein shall be considered reciprocal consideration between the
parties assuring performance of the duties by each party to this
agreement. Such consideration shall include the transfer of all
monies and property as set forth herein.
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11. Whole Agreement. This contract sets forth the whole
agreement of the parties. No representation, either verbal or
written, shall be considered binding on either party to the extent
it is not set forth herein.
12. Appropriation. This agreement is expressly contingent
upon appropriation and budgeting for the costs required by any of
the parties to this agreement. Should any party fail to
appropriate or have available sufficient funds to pay for the costs
of its obligations set forth herein, this agreement shall be
considered of no force and effect.
13. Effective Date. This agreement shall become effective
upon the date of the last signature to this agreement.
14. 6rrsendment and Assignment. This agreement may be amended,
altered, or modified by the parties solely through a written
agreement signed by all parties. This agreement may not be
assigned by any party without the written agreement of all parties
to this agreement.
15. Facsimiles and Counterparts. Facsimile documents with
original signatures may be provided upon request. This document
and all documents required for performance of this agreement may be
signed in counter parts. Facsimile signatures may be substituted
for all originals on such documents.
16. PoVerninq Law. The laws of the State of Colorado shall
govern the validity, performance and enforcement of this agreement.
Venue for any action instituted pursuant to this agreement shall
lie in Garfield County, Colorado.
17. Authority. Each person signing this agreement represents
and warrants that taaid person is fully authorized to enter into and
execute this agreement and to bind the party it represents to the
terms and conditions hereof.
18. Notice. All notices required under this agreement shall
be in writing and shall be hand delivered or sent by registered or
certified mail, return receipt requested, postage prepaid to the
addresses of the parties set forth herein. All notices so given
shall be considered effective seventy -two (72) hours after deposit
in the United States Mail with the proper addresses as set forth
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below. Any party, by notice so given, may change the address to
which future notices shall be sent.
Notice to BOCC:
Notice to Sweetwater:
Board of County Commissioners
Attn: County Manager
108 8th Street, Suite 213
Glenwood Springs, CO 51601
Phone: (9'/0) 945 -5004
Fax: (970) 945 -7785
William Stephens
Registered Agent
Sweetwater Community Club
0600 Sweetwater Rd.
Gypsum, CO 81637
g•t•� OF e0 TY COMMISSIONERS
OF a • 'FIE Ca TY, • aORADO
ATTEST:
Ch
Dated:
SWEETW
By:
r►x' . r ...s
Orint Name and Tit1eFQ -. A,6#
Dated:
T:\HyFilen \AGREE \Sxeetwater Community Club 09- 17- 06.wpd
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SCOPE OF SERVICES - EXHIBIT A
1. Garfield County Responsibilities.
a. The BOCC shall consider appropriation of twenty nine
thousand dollars ($29,000) to assist Sweetwater in the
construction of a Fire Services Protection Center, including
necessary foundation construction. Additionally, the BOCC
shall consider appropriation of an amount not to exceed ten
thousand dollars ($10,000.00) to pay for all cost of
surveyors, civil engineers, architects, and soil engineers
needed to design and construct the subject building. If the
BOCC appropriates the funds set forth above it shall pay the
sum of five thousand ($5,000) to Sweetwater upon transfer of
the easement set forth in Paragraph 2e below, the form of
which is attached as Exhibit C. The remaining twenty four
thousand dollars ($24,000) direct payment to Sweetwater shall
be paid within thirty days of the BOCC's receipt of an awarded
contract between Sweetwater and the contractor selected to
construct the subject building as well as any contract or
agreement obligating Sweetwater to construct the foundation
for the subject building. If the BOCC rejects the contract
and plans submitted for the subject building as inadequate
within thirty days of receipt, no transfer of the remaining
twenty four thousand dollars ($24,000) shall occur, and the
subject contract shall be terminated. The BOCC shall pay the
cost of surveying, engineering, and design within thirty days
of receipt of invoice from the subject professional service
provider to the point where the contract is completed,
terminated, or not awarded.
b. As part of this Agreement, the BOCC shall waive all
fees for building permits, certificates of occupancy,
excavation permits, and any fees, incurred to obtain
appropriate land use approvals.
2. Sweetwater R sponsibilit es.
a. Sweetwater shall be solely responsible for the
design and construction of a Sweetwater Community Club/Fire
Protection services Building.
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b. The Sweetwater Community Club/ Fire Protection
services Building that is the subject of this Agreement shall
contain approximately 1200 square feet of covered and
protected space designed to provide housing and maintenance
areas for at least one piece of fire protection equipment
adequate to service the Sweetwater area.
c. Prior to initiating construction of the above
referenced structure, Sweetwater shall obtain all necessary
building, excavation and land use permits required by Garfield
County for the purpose of erecting the subject structure and
utilizing the property for the purposes anticipated for that
structure.
d. •Subsequent to occupancy of the structure referenced
above, Sweetwater shall occupy the building constructed
pursuant to this Agreement solely and exclusively for fire
protection purposes. Sweetwater may contract with or permit
others to utilize the subject structure for fire protection
purposes.
e. Prior to transfer of the initial five thousand
dollars ($5,000) referenced in paragraph I above, Sweetwater
shall execute and deliver to the BOCC an easement deed in the
form set forth in Exhibit C attached hereto. The purpose of
the easement shall permit the BOCC to utilize the subject
property for a road and bridge staging area needed for the
Sweetwater area and for no other purpose.
3. gemedies.
a. Should the BOCC fail to fulfil its obligations as
set forth herein, Sweetwater may terminate this agreement
forthwith, undertaking no further responsibilities for
erection of the subject building or provision of fire
protection services'. Additionally, if the BOCC fails to
fulfil its responsibilities in regard to its own use of the
subject property and also interferes with Sweetwater through
that use, Sweetwater shall be entitled, upon sixty (60) days
written notice to the BOCC, to seek rescission of the easement
that is transferred as part of this agreement.
Sx)dbit A to Agreement for Fire
Protection Services Center • Sweetwater
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b. Should Sweetwater fail to utilize the structure that
is the subject of this Agreement for a period of six months
after receipt of certificate of occupancy or if it should
commence use of the subject structure for fire protection
purposes and then cease such use for a period of six months,
the BOCC shall be entitled to extend its use of the subject
property of the building, utilizing the building as part of a
road and bridge staging area. Upon commencement of the use of
this subject building pursuant to this provision, Sweetwater
may retake possession of the building solely upon
demonstration that fire protection services are available and
will utilize the subject structure. Additionally, should
Sweetwater fail to enter into a contract for construction of
the subject structure, the BOCC should be entitled to retain
the easement for use of the subject property for a road and
bridge staging area and also be entitled to return of all
funds tendered to Sweetwater for purposes of building
construction.
Exhibit A to Agreement for Fire
Protection Service/1 Center - Sweetwater
3
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EAGLE COUKT'Y�SCADDI t tl157RICT RE SDJ, within the County
Li if i
of Eagle, State of•Olorsdo, for. the consideration of Ten
WOAD) Dollars, in hand gaid,•and other valuable consideration
' Firstly OitC1'ailfis to SWEETVAT €R COMMUNITY CU!B, County of
Eagle. State of Colorado, the folIawipg.described property
in the County-of Eagle and State of calaredo, to -Nits
A tract of 1a19d situate in the 5½E¼; Section
23, ToWnship 3 South, Rang 6Sb estrofbtherrss
6th P.A. and more folly
Beginning at a point on the north line the
h corner o said Se 23;
ction 23bearsc !
South 3go
29` E 170:4S ongteharpite nt
314.E5 feet along the earth of the said
S1/4REls to the Northeast corner of the Bernadine
Clausen Tract; thence South 200.57-feet along
-- the East Line of the Bernadine Clleusen7Eract;
thence East 125.07 feet.
36` East. 192.41 feet; thence North 160.6 feet
to the point of B
be inning, containing-0.41
acres. more or less.
with all the appertehhfNe's.
c1ED this l %-day of December, 1975;
R C A
STATE Of CoLDRAL° 1
ss.
County of Eag1 e )
•
Tha• ferrgoing.iosxrugaeat•x eclnoWlbdgged. befnre.me•.
this" day' of December, 1-915, by FRED COLLE'iT es 011E516E10
end ERiiEST CHAVEZ as SECRETARY of EAGLE COUNTY SCHOOL 01S1RI0
RE 5nJ. 'Witness ny hand and official seal.
Ay Commi ss on expires.
• • • '';11';i4 C; :• .Wa.:4. -
B ary c n an for a Ste a o
Colorado.
EAGLE COUNTY SCh LLDISTRICT
RE SO. -=rte
PRESIDENT
/'' 1i, C [ "k
w
C` 1 F
ti " Txhibie B
agre'emarit for Fire
Protection Cervices center -,svffebater
EXHIBIT
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EASEMENT AGREEMENT FOR USE OF PROPERTY
THIS EASEMENT is effective the _ day of
2008, and is by and between the BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUN'T'Y, STATE OF COLORADO (Grantee"), whose address is
108 5 Street, Suite 213, Glenwood Springs, Colorado 81601 and
SWEETWATER COMMUNITY CLUB, INC. 0600 Sweetwater Road, Gypsum,
Colorado B1637 ('Grantor ").
A. Grantor is the owner of certain real property fully
described in the copy of the deed attached hereto as Exhibit 1.
B. Grantee is a governmental entity and subdivision of
the State of Colorado responsible for the maintenance of the
Garfield County Road System, which system includes Sweetwater Road,
otherwise known as County Road No. 150.
C. Grantee has requested and Grantor desires to grant
Grantee, its successors and assigns, an easement for use of the
property described in Exhibit A attached hereto under the terms and
conditions contained herein.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Grantor grants an easement t•o
Grantee under the following terms and conditions:
1. gasgment. Grantor hereby grants to Grantee a perpetual
easement for use of all of the property described in Exhibit A
hereto, excluding those portions of the property to be utilized for
erection of a fire protection services center and the Sweetwater
Community Club.
2. Use of Easemet by G 4ntee . The easement granted herein
shall be used solely and exclusively by Grantee for a Road and
Bridge maintenance staging area. The use pursuant to this easement
shall extend to the fire protection services center upon a
demonstration that the Grantor has failed to utilize that structure
for fire protection purposes for a period of six (6) months from
day of issuance of certificate of occupancy or fails to use it for
fire protection purposes for any six (6) month period after it has
initially commenced such use. The rights granted to the Grantee
pursuant to this easement Shall not permit the Grantee to interfere
in any manner with the Grantor's use of the subject property for
fire protection purposes or Community Club purposes. Grantee shall
EXHIBIT
a
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in no event interfere with Grantor's use of the property for those
purposes, including any accessory use for parking or public access.
Additionally, Grantee shall not install any obstructions or
buildings of a permanent nature on the subject property. in the
event of erection of any obstruction or encroachment on the subject
property by Grantee, Grantee understands and agrees that such
obstruction or encroachment may be removed by Grantor at Grantee's
cost and that Grantor shall have no responsibility or liability for
any damage or destruction thereto. Additionally, Grantor agrees
that it will not interfere with Grantee's use of the subject
property as set forth herein, nor will it permit others to
interfere with Grantee's use of the property for Road and Bridge
maintenance staging purposes.
3. B n• A•.reeR ;e •
r• • This easement is binding
upon the parties hereto, their successors and assigns. This
Agreement shall be recorded with the Eagle County Clerk and
Recorder, the Garfield County Clerk and Recorder, and shall impose
an easement and covenants running with the land upon Grantor's
Property.
4, Governing I,aw; Venue; _Attorneys` Fees. ' This easement and
the rights and obligations of the parties hereunder shall be
governed by and construed in accordance with the laws of the State
of Colorado. Venue for all actions arising under this easement
shall be in Eagle County, Colorado and Garfield County, Colorado.
In the event legal remedies must be pursued to resolve any dispute
or conflict regarding the terms of this easement or the rights and
obligations of the parties hereto, the prevailing party shall be
entitled to recover costs incurred in pursuing such remedies,
including expert witness fees and reasonable attorneys' fees.
5. Authorization of signatures. Grantor acknowledges and
represents to Grantee that all procedures necessary to validly
contract and execute this easement have been performed and that the
person signing has been duly authorized to do so.
Easement Agreement for use of property -2D06
sweetweter CommsM ty Club
2
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Executed the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
Clerk to the Board Chairman
Dated:
ATTEST: SWEETWATER COMMUNITY CLUB
STATE OF COLORADO
) se.
COUNTY OF GARFIELD
By:
'Print Name and T1t1Q1
Dated:
The foregoing instrument was acknowledged before me this
day of 2008, by John Martin as
Chairman of the Board of County Commissioners, and Jean Alberico as
Clerk of the Board.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address of Notary
Easement Agreement for vse of property -2008
Sweetwater Community Club
3
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STATE OF COLORADO
COUNTY OF a
S8.
The foregoing instrument was acknowledged before me this
day of , 2008, by -
, of the Sweetwater Community Club.
WITNESS my hand and official seal.
My commission expires:
as
Notary Public
Address of Notary
Basement Agreement tor use of Property -2008
Sweetwater Community Club
4
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EAGLE COUNTY SGHOpLIDIS RIOT RE 64, within the County g
of Eagle, State af3 ,4ot- grade, for the consideration of Ten
i
(S10.00) Dollars, In hand paid. and other valuable consideration
ire r
to SWEETWATER COMMUNITY CLUB, County of 11. 72
Hereby � Nittlaims Ali
Eagle. State of Colorado, the following described property R m
m
in the County of Eagle and State of Colorado. to -wit:
A tract of land situate in the SsiEk; Section
23, Township 3 South, Range 81 Nest of the
5th P.K. and more fully described as follows:
Beginning at a point on the north Tine the
said StINEk, said Section 23. whence the East
corner of said Section 23 bears South 380
29' C 1743.45 feet; thence North 880 35' W
314.55 feet along the north line of the said
SsiNE4 to the Northeast corner of the Bernadine
Clausen Tract; thence South 200.57 feet along
the East line of the Bernadine Clausen Tract;
thence East 125.07 feet; thence North 790
36' East 192.41 feet: thenceeNNorth
rthi160.54ffeet
to the point of beginning,
acres, more or less.
with all the appurtenrites. "-
EAGLE COUNTY SCilo.S L. PISTRICT
RE 50.1 f:r•=
BY:
e
PRESIDENT
STATE OF COLORADO )
) as.
County of Eagle j
The forrgaing.i.nstrwaenl-u dsknoW edged before.ame.
and ER STyCHAYEL as SECRETARY of EAGLEECOUNTYtSCHOOL PDISTRICT
. RE 503.
Witness my hand and official seah
i My Cnramissian expires: .. "I6,;n46.
a •
; '❑ ary P i c in an' or t e State o
■` i Colorado.
l� Mt or
EXHIBIT
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Reeeppt 1pogn #: 756941
IS of 16 Roc Fee-S0,00 DocaFeayI.ma GRRY
IELO CUtN:TY CD
BOARD OF COUNTY COUMI$3IONERS OE GARFIELD COUNTY
CERTIFICATION AND AFFIDAVIT
REGARDING ILLEGAL ALIXNB
The Contractor, whose name and signature appearu below, certifies and agrees
as follows:
1. The Contractor shall comp).y with the provisions of C.R.S. 8-17.5 -141 at
seq. The Contractorr shall not knowingly employ or contract with an illegal
alien to perform work fox the Board of County Commissioners of Garfield
County, Colorado { "SOCC ") or enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien. -
2. The Contractor represents, warrants, and agrees that it has confirmed
the.employment eligibility of all employees who are newly hired for employment
to perform work under this public contract for Services through participation
in either the 8- Verify Program-or the Department'Program and otherwise shall
comply with the requirements of C.R.S. 8- 17.5- 102(2)lb).
3. The Contractor shall comply with all reasonable requests made in the
course of an investigation under C.R.S. 8 -17.5 -102 by the Colorado Department
of Labor and Employment. If the Contractor fails to comply with any
requirement of this provision or C.R.P. 8- 17.5 -101 at seq., the 3OCC may
terminate work fox breach and the Contractor shall be liable for actual and
consequential damages to the State.
4. If the Contractor is a sole proprietor, the undersigned hereby swears or
affirms under penalty of perjury under the laws of the State of Colorado that
(Check one y s
I alit a united States citizen, or
I am a Permanent Resident of the United States, or
X am lawfully present in, the United States pursuant to Federal law.
I understand that this sworn statement is required by law because
I an a sole proprietor entering into a contract to perform work
for the BOCC. I understand that state law requires me to provide
proof that I am lawfully present in the United States prior to
starting work for the BOCC. . 1 further acknowledge that I will
comply with the requirements of C.R.S. 24- 76.5 -101 et seq, and
will produce the required form of identification prior to starting
work
I acknowledge that making a false, fictitious, or fraudulent statement or
representation in this swoxn affidavit is punishable under the criminal laws
of Colorado as perjury in the second degree under C.R.B. 18 -8 -503.
CERTIF/ED and AGREED to this day of , 200'
CONTRACTOR s
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Contractor Full Legs, Nam ) FEIN or FEIN Securkty Number
Bye `� .0�/!.` Pt
Signature of orize Rep Title
to Ts palion Affidavit
(07A".18)
EXSIDIT ?