03-01-2018 Temporary Construction Easement Agreement 11 W. Beaver Creek Blvd.Eagle County, CO
Regina O'Brien
Pgs: 9
REC: $53.00
DOC: $0.00
AFTER RECORDING RETURN TO:
Town of Avon
P.O. Box 975
Avon, CO 81620
Attn: Town Clerk
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
11 West Beaver Creek Boulevard
Avon, Colorado
201806502
04/25/2018
04:48:24 PM
KNOW ALL MEN BY THESE PRESENTS: FirstBank, a Colorado corporation,
("Grantor"), whose address is 11 West Beaver Creek Blvd, Avon, CO, in consideration of Ten
Dollars ($10.00), to be paid upon providing written notice of commencement of constriction 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 the Beaver
Creek Blvd Streetscape Project including pedestrian and landscaping over and across the tract of
land described in paragraph 1 below.
The parties fiirther agree as follows:
1. Grantor owns Lots 3 and 5, Final Plat, First Amendment to the Sun Road Subdivision
recorded January 28, 1992 in Book 571 at Page 579, County of Eagle, State of Colorado, Avon,
Colorado ("Property"). Grantor grants to the Town a temporary construction easement as
legally described and depicted in Exhibit A attached hereto and incorporated herein (the
"Easement"), for the purpose of constructing the improvements depicted in Exhibit B attached
hereto and incorporated herein. The term of this temporary construction easement 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 constriction. 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 constrict the
improvements described in Exhibit B.
3. To the extent permitted by law, the Town indemnifies, defends and holds Grantor
harmless against any claims or liabilities related to the Town's activities on the Property pursuant
Temporary Construction Easement Agreement
11 west Beaver Creek Blvd., Avon, CO
Page I of 7
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 and shall permit Grantor to pursue all of its rights and
remedies under this Easement Agreement, at law, or equity, including without limitation (and
after providing written notice to the Town with a three (3) business day period to remove the
Liens) correcting or eliminating such Liens, after which the Town shall promptly reimburse
Grantor for the reasonable and actual cost thereof. 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. The Town shall be responsible for promptly repairing any damage to improvements
on the Grantor's Property (to the same condition which existed prior to such damage) both with
and outside of the Easement area that occur in connection with or as a result of the Town
performing construction under this Easement Agreement.
6. 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 Constriction. Plans attached hereto as Exhibit C and incorporated herein. 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.
7. The constriction 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 FirstBank, as an additional
insured. The Town shall deliver the certificate of insurance naming FirstBank as an additional
insured prior to its use of the Property.
8. 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
Temporary Construction Easement Agreement
11 west Beaver Creel: Blvd., Avon, CO
Page 2 of 7
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 day such notice is delivered to the recipient per the delivery service
company's records.
Grantor: FirstBank
Attn: Adina Dean
11 West Beaver Creek Boulevard
Avon, CO 81620
With a copy to: FirstBank
Attn: Adam Snyder
12345 West Colfax Avenue
Lakewood, CO 80215
Town of kvon: 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. 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.
Temporary Construction Basement Agreement
11 west Beaver Creek Blvd., Avon, Co
Page 3 of 7
12. 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.
13. 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 has executed this Temporary Constriction Easement
Agreement on the date first written above.
FIRSTB olorada co ration
By: Date: r 3
Adam nyder, its Senior Vi President of Re Estate
r, n�, \,� Andrea Renee Wilson
STATE OF W �G'�C�.o ) NOTARY PUBLIC `
ss. STATE OF COLORADO
COUNTY OF) Q ) NOTARY ID 20174014865 a
The foregoing instrument was acknowledged be ori e'me
of
Y V , 2018, by Adam Snyder, as Senior Vice President of Real Estate of
FirstBank, a Colorado corporation.
Witness my hand an official seal.
Notary Public
My commission expires:m/OwL
Easer nt Agreei it accepted and approved by theTownof Avon.
OF
�,
ce.
..-e j0a
ie Fancher, Mayor
Debbie Hoppc, Towd Clerk
•�OLORP��
Temporary Construction Easement Agreement
11 west Beaver Creek Blvd., Avon, CO
Page 4 of 7
N
EXHIBIT
' L.' . I We IC
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
TE -11A
A parcel of land located in Lot 5, First Amendment To The Sunroad Subdivision as recorded in Book 571
at Page 579 under Reception Number 467697, at the Office of the Clerk and Recorder of Eagle County,
Colorado and being more particularly described as follows:
Beginning at the intersection of the northeasterly right of way line of Beaver Creek Boulevard and the
southerly right: of way line of Sun Road, also being the west corner of said Lot 5;
Thence N18°20'31"E along the northwesterly line of said Lot 5 a distance of 5.81 feet to the beginning of
a non -tangent curve;
Thence along the arc of said curve turning to the left 170.42 feet, with a radius of 455.00 feet, a central
angle of 21°2734", and a long chord which bears S51°34'14"E a distance of 169.42 feet;
Thence N27°44'05"E a distance of 7.50 feet;
Thence S72°20'05"E a distance of 4.31 feet to the easterly line of said Lot 5;
Thence S21°05'26"W along said easterly line a distance of 13.30 feet to the beginning of a non -tangent
curve, also being the south comer of said Lot 5;
Thence along the southwesterly line of said Lot 5 and along the are of said curve turning to the right
175.10 feet, with a radius of 460.00 feet, a central angle of 21°48'33", and a long chord which bears
N52°06'59"W a distance of 174.04 feet to the Point of Beginning;
The above described parcel. contains 914 square feet (0.021 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.
EXHIBIT
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EXHIBIT
PLC
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
TE -11B
A parcel of land located in Lot 3, First Amendment To The Sunroad Subdivision as recorded in Book 571
at Page 579 under Reception Number 467697, at the Office of the Clerk and Recorder of Eagle County,
Colorado and being more particularly described as follows:
Beginning at the southwest corner of said Lot 3 and the northerly right of way line of Beaver Creek
Boulevard;
Thence N21 °05'26"E along the westerly line of said Lot 3 a distance of 13.30 feet;
Thence S72°20'05"E a distance of 46.36 feet;
Thence S20°55'42"W a distance of 13.51 feet;
Thence S69'04'1 8"E along a line 5.00 northerly of and parallel with the southerly line of said Lot 3 a
distance of 194.64 feet to a point on a curve of a Permanent Easement PE -401A as recorded under
Reception Number 656683, at the Office of the Clerk and Recorder of Eagle County, said point also being
the beginning of a non -tangent curve;
Thence along said permanent easement and the arc of a curve turning to the left 2.54 feet, with a radius of
1.1.50 feet, a central angle of 12°38'07", and a long chord which bears S1 1'2232"W a distance of 2.53
feet to a point on a curve of a Permanent .Easement PE401 as recorded under Reception Number 839535,
at the Office of the Clerk and .Recorder of Eagle County, said point also being the beginning of a non -
tangent curve;
Thence along said permanent easement and the arc of a curve turning to the right 12.93 feet, with a radius
of 79.13 feet, a central angle of 9°21'37", and a long chord which bears N80015'1 3"W a distance of 12.91
feet to the southerly line of said Lot 3;
Thence along said southerly line the following two (2) courses:
1. N69°04' 18"W a distance of 180.23 feet to a point of curvature;
2. Along the arc of a curve turning to the right 48.58 feet, with a radius of 460.00 feet, a central
angle of 6003'03", and a long chord which bears N66°02'47"W a distance of 48.56 feet to the
Point of Beginning;
The above described parcel. contains 1,715 square feet (0.039 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.
EXHIBIT
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