03-22-2016 Temporary Construction Easement Agreement Dennis E. Havlik & Bonnie J. Havlik Revocable TrustEagle County, CO 201604346
Teak J Simonton 03/29/2016
Pgs: 6 04:40:12 PM
REC: $36.00
DOC: $0.00
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: Dennis E. Havlik Revocable Trust — Bonnie
J. Havlik Revocable Trust, (Grantor), whose address is PO Box 1007, Avon, CO 81620 -1007,
Avon, Colorado, in consideration of Ten Dollars ($10.00), to be paid upon providing written
notice of commencement of construction by the Town, and other good and valuable
consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON ( "Town" or
"Grantee "), a Colorado home rule municipality, whose address is P. O Box 975, Avon, Colorado
81620, a non - exclusive temporary construction easement, subject to the terms and conditions
contained in this Temporary Construction Easement Agreement ( "Easement Agreement ") to
establish and maintain site grades and drainage compatible with the 2016 Metcalf Road Bicycle
Climbing Lane Project over and across the tract of land described in paragraph 1 below.
The parties further agree as follows:
1. Grantor owns Lot 34, Benchmark at Beaver Creek, Amendment No. 4, 0080 Metcalf
Road, Avon, Colorado ( "Property"). Grantor grants to the Town a temporary construction
easement for the purpose of constructing the improvements as described in Exhibit A attached
hereto. The term of this temporary construction easement shall begin on April 1, 2016, and shall
expire and be of no further force or effect on December 31, 2016 ( "Term ").
2. Town agrees that it will provide written notice of commencement of construction to
the Grantor prior to commencement of construction. Town shall tender payment in the amount
of Ten Dollars ($10) as the stated monetary consideration above along with tendering the written
notice of commencement of construction. In the event that Grantor seeks improvements to the
Property during the Term which conflict with this Temporary Construction Easement
Agreement, Town agrees to consider modifications to this easement agreement that
accommodate Grantor's desire to improve the Property while allowing the Town to construct the
improvements described in Exhibit A.
3. To the extent permitted by law, the Town indemnifies and holds Grantor harmless
against any claims or liabilities related to the Town's activities on the Property pursuant to the
easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other
agents and consultants shall be prohibited from taking any action or omission that subjects the
Property to liens of any kind, including, but not limited to, construction, mechanic's or
materialmen's liens (collectively, "Liens "). In the event that the Property becomes subject to any
such Liens directly or indirectly through the action or inaction of the Town, its planners,
engineers, surveyors, architects or other agents or consultants, the Town shall discharge or bond
off any such Liens within five (5) days of the imposition of any such Liens and failure to do so
shall constitute a default hereunder. This provision shall survive termination of the easement
granted hereunder.
Temporary Construction Easement Agreement
Page 1 of 4
4. The Town agrees that it will not dispose of, generate, manufacture, release or store
environmentally hazardous substances (other than de minimis amounts) on or about the Property,
and that any fill deposited shall not contain any environmentally hazardous substances.
5. Upon completion of construction of the Metcalf Road Bicycle Climbing Lane Project,
all materials placed by the Town on the Property (including construction materials and debris)
will be removed from the Property, at the Town's sole cost and expense, and the Property will be
returned to the same condition as existed prior to the Town's use of the Property, except as
specified in the attached Construction Plans. If the Town fails to return the Property to the
condition that existed prior to the Town's use of the Property or fails to grade and establish
drainage for the Property consistent with the attached Construction Plans, the Town will
promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the
Property to its prior condition or in establishing grading and drainage on the Property consistent
with the attached Construction Plans.
6. The construction documents for the Metcalf Road Bicycle Climbing Lane Project will
include the Property in the project limits, and the contractor will be required to provide general
liability insurance, covering activity on the Property, consistent with the remainder of the
Metcalf Road Bicycle Climbing Lane Project site, which insurance shall name Dennis E. Havlik
Revocable Trust — Bonnie J. Havlik Revocable Trust as an additional insured. The Town shall
deliver the certificate of insurance naming Dennis E. Havlik Revocable Trust — Bonnie J. Havlik
Revocable Trust as an additional insured prior to its use of the Property.
7. All notices, requests, demands, and other communications required or permitted to be
given under this Easement Agreement shall be in writing and sent to the addresses set forth
below. Each communication shall be deemed duly given and received: (i) as of the date and time
the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified
mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first
refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight
delivery service, on the next day after receipted deposit with same.
Temporary Construction Easement Agreement
Page 2 of 4
Grantor: Dennis E. Havlik Revocable Trust —
Bonnie J. Havlik Revocable Trust
PO Box 1007
Avon, CO 81620 -1007
Town of Avon: Town of Avon
One Lake Street
P.O. Box 975
Avon, CO 81620
Attn: Town Engineer
9. Grantor reserves all rights attendant to its ownership of the Property including, but
not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is
consistent with and does not impair any grant herein contained, and (b) sell and convey the
Property or any portion of it subject to this Easement Agreement.
10. Grantor covenants and agrees that it has good title to the Property and that it has good
and lawful right to grant this Easement Agreement, subject to any easements, liens, claims,
reservations, covenants, conditions and restrictions of public record or which are obvious from a
physical inspection of the Property.
11. In the event of any dispute resulting in litigation hereunder, the prevailing party shall
be entitled to recover all costs and expenses reasonably incurred by it in connection with the
enforcement of this Easement Agreement, including reasonable attorneys' fees and costs in
connection therewith. This provision shall survive termination of this Easement.
12. This instrument is the complete integration of all understandings between the parties.
No prior or contemporaneous addition, deletion, or other modification shall have any force or
effect, unless embodied in this Easement Agreement in writing. No subsequent novation,
renewal, addition, deletion, or other amendment shall have any force or effect unless embodied
in a written amendment to this agreement properly executed by the Parties. No oral
representation of any kind preceding the date of this Easement Agreement by any officer,
employee, or agent of Grantor at variance with the terms and conditions of this Easement
Agreement, or with any written amendment to this Agreement, shall have any force or effect nor
bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the
parties and their successors and assigns.
13. Each and every term, condition, or covenant of this Easement Agreement is subject to
and shall be construed in accordance with the provisions of Colorado law, any applicable state or
federal law. Such applicable law as may be amended from time to time, is expressly incorporated
into this Easement Agreement as if fully set out by this reference. Venue for any action arising
out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado.
Temporary Construction Easement Agreement
Page 3 of 4
14. The benefits and burdens of the Easement Agreement shall inure to the benefit of and
be binding upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF,
Aareement_on the date first
C
STATE OF )
ss.
COUNTY OF
The foregoing
Witness my hand and offic
executed this Temporary Construction Easement
Date��
acknowledged before me this day of
VV -��
Ease ent Agreement accepted and apI
By:
Jennie Fancher, Mayor
Attest:
Debbie Hoppe, To n (Clerk
commission expires: 1 rn119
wed by the Town of Avon.
ate:
:SEAL
`1 0,6L0RN
Temporary Construction Easement Agreement
Page 4 of 4
nter- Mountain
NGINEERING
Civii Engineers & Surveyors
EXHIBIT A
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land located in Lot 34, Block 1, Benchmark at Beaver Creek, Amendment No. 4, as
recorded in Book 274 at Page 701 under Reception Number 171107, at the Office of the Clerk
and Recorder of Eagle County, Colorado and being more particularly described as follows:
Commencing at the southwest corner of Lot 34 and the easterly right of way line of Metcalf
Road;
Thence N20 °47'07 "W along said easterly right of way line of Metcalf Road and the west line of
Lot 34 a distance of 7.5 feet to the True Point of Beginning of the parcel herein described;
Thence continuing N20 °47'07 "W along said easterly right of way line of Metcalf Road and the
west line of Lot 34 a distance of 115.00 feet to a point;
Thence N69° 12'53 "E a distance of 8.00 feet to a point;
Thence S20 °47'07 "E a distance of 115.00 feet to a point;
Thence S69° 12'53 "W a distance of 8.00 feet to the True Point of Beginning;
The above parcel contains 920 square feet (0.021 acres) more or less;
_u 37934 q
02105116;
�AL LANG 5J
Date: February 1, 2016 Prepared by: John D. McMahan P.L.S. 37934
Colorado Licensed Professional Land Surveyor
On behalf of Inter - Mountain Engineering
IME Project Number: 15 -0011
DENVER OFFICE
9618 Brook Hill Lane I Lone Tree, CO 80124 1 Phone: 303.948.6220 1 Fax: 303.790.4499
VAIL VALLEY OFFICE
40801 U.S. Highway 6, Suite 203 1 PO Box 978 1 Avon, CO 81620 1 Phone: 970.949.5072 1 Fax: 970.949.9339
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TOWN OF AVON, EAGLE COUNTY, COLORADO
Civil Engineers & Surveyors
411801 US HWY 6x24, SUITE203 DOX97H AVON, CO 8I620 PH: (q70)949-5(172
65i1 S. RFVFRF PARKWAY, SUITE 106 CENTENNIAL. CO 811111 PH: (303)94X- 6 2711