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03-22-2016 Temporary Construction Easement Agreement Metcalf U-Stor-It LLCf E 6 Eagle County, CO 201604349 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: Metcalf U- Stor -It LLC, (Grantor), whose address is Four Seasons Private Residences, 1133 14th Street Unit 2800, Denver, Colorado 80202 -2252, 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 37, Benchmark at Beaver Creek, Amendment No. 4, 0140 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 Metcalf U- Stor -It LLC as an additional insured. The Town shall deliver the certificate of insurance naming Metcalf U- Stor -It LLC 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: Metcalf U- Stor -It LLC Four Seasons Private Residences 1133 14th Street Unit 2800 Denver, CO 80202 -2252 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, the Grantor Agreement on the date first written above. STATE OF ) ss. COUNTY OF AYV ) has executed this Temporary Construction Easement Date: The foregoing instrument was acknowledged before me this 1� day of FE&V fr A—`i 2016, by � I ,4 6=2 W J&() 0 My commission expires: C,v Wit ss and an fficial se Notary P lic Easel e t Agreemcpt accepted and approved by the Town of Avc By: .\N Vale Je to Fancher, Mayor Attest: 'SEAL Debbie Hoppe, Town Oerfk a�0�OLORPa Temporary Construction Easement Agreement Page 4 of 4 HOLLY HESTON NOTARY PUBLIC STATE AF COLORADO NOTARY ID 20004033605 MY COMMISSION EXPIRES 1112112016 Ainter-Mountain NGINEERING Civil Engineers & Surveyors EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land located in Lot 37, 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 37 and the easterly right of way line of Metcalf Road; Thence N11 °06'25 "W along said easterly right of way line of Metcalf Road and the west line of Lot 37 a distance of 7.64 feet to the True Point of Beginning of the parcel herein described; Thence continuing N 11 °06'25 "W along said easterly right of way line of Metcalf Road and the west line of Lot 37 a distance of 162.99 feet to a point; Thence N89 °52'54 "E a distance of 10.19 feet to a point; Thence S 11 °06'25 "E a distance of 162.99 feet to a point; Thence S89 °52'54 "W a distance of 10.19 feet to the True Point of Beginning; The above parcel contains 1,630 square feet (0.037 acres) more or less; C2 37934 0 /OPAL LANO � 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 Lune 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 O rt7 oz yZ Z 01, O (D o Z O Z Z -OOO�� O� Op o� O a m3 sa- m ao �� II D o i3��vo_ p0 O om 0 :(3D, (D C] O �~ _ m —a —o a y ^� m P y� : v o oa -1< Oj CNa m n , < n�l p0 O y = m O O rt C y T o N N :3 _ to 7 3 rn p N D-tn`� �Z A Z 2 2 r+ —. m, m 7 0 m ti M ZZJ to 7 N � to O- ?�•� a : ' r. \v �:O \Wys0'm �YOa ' rn MCTCALF ROAD i5 —� o A to „W j62.991►�— N11'p625 ���_ _ �I �o 'E 162•g9 I S11-06'25 DI I � I v D�^�o� `O I I � j oo,apo I I I I I % � O Z n�� V) � I I I � I I j `- I I I I I I I j I I I I I j I I I I I I I I I I I I I I i j I I I I I I I TEMPORARY CONSTRUCTION EASEMENT LEGAL EXHIBIT o Q LOT 37, BLOCK 1 Inter - Mountain ENGINEERING ° N BENCHMARK AT BEAVER CREEK ! o Civil Engineers & Surveyors TOWN OF AVON, EAGLE COUNTY, COLORADO 40911 Ifs IIWY 6 &24, SUITE203 BOR978 AVON.CO 81620111j:(9711)9495072 211 fi51 S. 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