02-02-2018 Temporary Construction Easement Agreement 100 W. Beaver Creek Blvd.�e- rto 0�
AFTER RECORDING RETURN TO:
Town of Avon
P.O. Box 975
Avon, CO 81620
Attn: Town Clerk
�o I &o`-)-vo ')-
Eagle County, CO
Regina O'Brien
Pgs: 6
REC: $38.00
DOC: $0.00
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
100 West Beaver Creek Boulevard
Avon, Colorado
201802477
02/15/2018
02:08:55 PM
KNOW ALL MEN BY THESE PRESENTS: Avon Center at Beaver Creek, ("Grantor"),
whose address is 100 West Beaver Creek Blvd, 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") for the purpose of Constructing street, pedestrian and landscaping improvements
over and across the tract of land described in paragraph 1 below.
The parties further agree as follows:
1. Grantor owns Lot A, Lots A and B, Avon Center at Beaver Creek, Avon, Colorado
recorded in the Eagle County Clerk and Recorder's Office under reception number 832542
("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 easements shall begin on March 1", 2018, and shall expire and be of no
further force or effect on December 31, 2019 ("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
Temporary Construction Easement Agreement
100 West Beaver Creek Blvd., Avon, CO
Page 1 of 4
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.
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 Beaver Creek Blvd Streetscape 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 Beaver Creek Blvd Streetscape 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 Beaver Creek
Blvd Streetscape Project site, which insurance shall name Avon Center at Beaver Creek, as an
additional insured. The Town shall deliver the certificate of insurance naming Avon Center at
Beaver Creek 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
100 West Beaver Creek Blvd., Avon, CO
Page 2 of 4
Grantor:
Town of Avon: Town of Avon
One Lake Street
P.O. Box 975
Avon, CO 81620
Attn: Town Engineer
8. 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.
9. Grantor covenants and agrees 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.
10. 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.
11. 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.
12. 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.
Temporary Construction Easement Agreement
100 West Beaver Creek Blvd., Avon, CO
Page 3 of 4
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement
Agreement on the date first written above.
By: I/&KDate:$
� ` MICHELLE RAYMOND
STATE OF a Notary Public—StateofColorado
Notary ID 20174017046
ss. My Commission Expires Apr 20, 2021
COUNTY OF
The foregoing instrument was acknowledged before me this a day of
A , 2018, by E%x,�k Ta,
Witness my hand and official seal.
I �1.
Notjiy Public
My commission expires: L4/r))]a 1
Agreernent,accepted and approved b the Town of Avon.
_jai
emlie Fancher, Mayor
Attest: \
Debbie Hoppe, Towh dlerk
Temporary Construction Easement Agreement
100 West Beaver Creek Blvd., Avon, CO
Page 4 of 4
�S EA L'
I't=AK LAND CONSULTANTS, INC.
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
TE- l OOA
A parcel of land located in Lot A, Lots A and B, Avon Center at Beaver Creek as recorded under
Reception Number 832542, at the Office of the Clerk and Recorder of Eagle County, Colorado and being
more particularly described as follows:
Beginning at the most northeasterly corner of said Lot A and the southerly right of way ol'Beaver Creek
Boulevard;
Thence S50°26' 15" W along the easterly line of said Lot A a distance of 33.44 feet;
Thence N58°43'58"W a distance o1'42.88 feet;
Thence N 10°42'02" F. a distance of 16.70 feet to the beginning of a non -tangent curve;
Thence along the arc of said curve turning to the right 137.17 feet, with a radius of 545.00 feet, a central
angle of 14°25'1.4", and a long chord which bears N62°26'55"W a distance of 136.81 feet to the
northwesterly line of said Lot A;
Thence N62°54'37"E along said northwesterly line a distance of 5.68 feet to the most northerly corner of
said Lot A and to the beginning of a non -tangent curve;
Thence along the northeasterly line of said Lot A the following two (2) courses:
1. Along the arc of said curve turning to the left 127.70 feet, with a radius of 540.00 feet, a central
angle of 13°32'57", and a long chord which bears S62'1 7'50"E a distance of 127.40 feet;
2. S69'04'1 S -E a distance of 67.20 feel to the Point of Beginning;
The above described parcel contains 2,020 square feet (0.046 acres) more or less;
Date: October 5, 2017 Prepared by: Brent Biggs P.L.S. 27598
Colorado Licensed Professional Land Surveyor
On behalf of Peak Land Consultants, INC.
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