03-01-2018 Temporary Construction Easement Agreement 130B W. Beaver Creek Blvd.Eagle County, CO
Regina O'Brien
Pgs: 8
REC: $48.00
DOC: $0.00
AFTER RECORDING RETURN TO:
Town of Avon
P.O. Box 975
Avon, CO 81620
Attn: Town Clerk
201806499
04/25/2018
04:48:24 PM
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
130B West Beaver Creek Boulevard
Avon, Colorado
KNOW ALL MEN BY THESE PRESENTS: Avon Beaver Creek Hotel, LLC, ("Grantor"),
whose address is 130 West Beaver Creek Blvd., Avon, Colorado 8162.0, 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 B, Avon Center at Beaver Creek Subdivision, Avon, Colorado
recorded in the Eagle County Clerk and Recorder's Office at Reception No. 832542 ("Property").
Grantor grants to the Town a temporary construction easement over, on, and in all of the those
certain lands which are situate in the Town of Avon, County of Eagle, State of Colorado, such
lands and easement area being described more fully on Exhibit A: Easement Area attached hereto
and by this reference made a part hereof (the "Easement Area") for the purpose of constructing
the improvements as described in Exhibit B: Streetscape Improvements attached hereto (the
"Temporary Construction Easement"). The term of the 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 shall provide written notice of commencement of construction to
the Grantor prior to commencement of construction in the Easement Area. 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 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 B: Streetscape Improvements.
Temporary Construction Easement Agreement - 130B, Avon Center at Beaver Creek Subdivision
Page 1 of 4
3. To the extent permitted by law, the Town agrees to indemnify, defend and hold
harmless Grantor against any and all claims, actions, suits, demands, damages, liabilities,
obligations, losses, settlements, judgments, costs and expenses (including, without limitation,
attorneys' fees and costs) (collectively referred to as "Claims") arising from the Town's activities
on the Property in connection with the Temporary Construction Easement granted hereunder,
except to the extent such Claims are caused by the willful acts or gross negligence of Grantor. 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 Temporary Construction Easement granted hereunder.
4. The Town agrees that it shall 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
described in Exhibit B: Streetscape Improvements, all materials placed by the Town on the
Property (including construction materials and debris) shall be removed from the Property, at the
Town's sole cost and expense, and the Property shall be returned to the same condition as existed
prior to the Town's use of the Property, except as specified in Exhibit B: Streetscape
Improvements. 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
Exhibit B: Streetscape Improvements, the Town shall 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 Exhibit B: Streetscape
Improvements.
6. The construction documents for the Beaver Creek Blvd. Streetscape Project shall
include the Property in the project limits, and the contractor shall be required to provide general
liability insurance, covering activity on the Property in an amount not less than $1,000,000 per
occurrence and $2,000,000 in the aggregate, and otherwise consistent with the remainder of the
Beaver Creek Blvd. Streetscape Project site, which insurance shall name Avon Beaver Creek
Hotel, LLC, as an additional insured. The Town shall deliver the certificate of insurance naming
Avon Beaver Creek Hotel, LLC. as an additional insured prior to its use of the Property.
7. All notices, requests, demands, and other communications required or pennitted 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
Temporary Construction Easement Agreement - 130B, Avon Center at Beaver Creek Subdivision
Page 2 of 4
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.
Grantor: Beaver Creek Hotel, LLC
c/o Keith Hampton
PO Box 1825
Telluride, CO 81435
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 materially impair any grant herein contained, and (b) the right to sell
and convey the Property or any portion of it subject to this Easement Agreement.
9. Grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree
to and with the Town, its heirs and assigns, that at the time of the ensealing and delivery of these
presentments, Grantor is well seized of the property comprising the Easement Area, has good and
marketable title in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, subject to any easements, liens, claims,
reservations, covenants, conditions and restrictions of public record or which are obvious from a
physical inspection of the Easement Area.
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.
Temporary Construction Easement Agreement - 130B, Avon Center at Beaver Creek Subdivision
Page 3 of 4
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.
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement
Agreement on the date first written above.
Avon Beaver Creek Hotel, LLC,
a Colorado limited liability company
By: /��Date: ' /Z
Its:
STATE OF
ss.
COUNTY OF`r ; - )
The foregoing instrument was acknowledged before me this day of
k 11cu–c 1. 2018, by
Witness my hand and official seal.
11/1 -
IA—
Notkry Pu *
Easement Agreement accepted and approved b the
1� ��NOFAd
By. ..
Jeluje Fancher, Mayor
Attest: 28 t l� (0 �1 �� r1 . � E
Debbie Hoppe, T
MONIQ E BER$�i`f"
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974001007
MY COMMISSION EXPIRES 0212212021
Town of Avon.
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Temporary Construction Easement Agreement - 130B, Avon Center at Beaver Creek Subdivision
Page 4 of 4
[ ED
Fi LE
PEAK LAND CONSULTANTS, INC.
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
TE -130B
A parcel of land located in Lot B, Lots A and B, Avon Center at Beamer 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 easterly corner of said Lot B and the southerly right of way of Beaver
Creek Boulevard;
Thence S62°54'37"W along the southerly line of said Lot B a distance of 5.68 feet to the
beginning of a non -tangent curve;
Thence along the are of said curve turning to the right 168.52 feet, with a radius of 545.00 feet, a
central angle of 17043'01 ", and a long chord which bears N46°2248"W a distance of 167.82 feet;
Thence S52°41'01"W a distance of 17.89 feet;
Thence N37° 18'59"W a distance of 17.50 feet to the northwesterly line of said Lot B;
Thence N52°41'01 "E along said northwesterly line a distance of 23.11 feet to the most northerly
comer of said Lot B and to the beginning of a non -tangent curve;
Thence along the northeasterly line of said Lot B and the are of said curve turning to the left
187.14 feet, with a radius of 540.00 feet, a central angle of 1905 P22", and a long chord which
bears S45°35'40"E a distance of 186.20 feet to the Point of Beginning;
The above described parcel contains 1,247 square feet (0.029 acres) more or less;
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�Al TANO
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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