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03-01-2018 Temporary Construction Easement Agreement 10 W. Beaver Creek Blvd.Eagle County, CO 201806498 Regina O'Brien 04/25/2018 Pgs: 4 04:48:24 PM REC: $28.00 DOC: $0.00 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 10 West Beaver Creek Boulevard Avon, Colorado KNOW ALL MEN BY THESE PRESENTS: Alpine Avon Building Company, LLC, a Colorado Limited Liability Company, ("Grantor"), whose address is 10 West Beaver Creek Blvd, Avon, CO, 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, sloes 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 further agree as follows: 1. Grantor owns Lot 55, Block 2, Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado, 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 March 1, 2018, and shall expire and be of no further force or effect on December 31, 2019 ("Term"). i 2. Prior to commencement of construction, the Town will provide a copy of the certificate of insurance referred to in paragraph 6 hereof. Once the Grantor has given written approval of both the construction plans and documents and insurance certificate, the Town may commence construction. All construction shall at all times be done in a careful and workmanlike manner so as to minimize any inconvenience to Alpine Bank and its customers. 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 sIPeks 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. Temporary Construction Easement Agreement 10 West Beaver Creek Boulevard, Avon, CO Page 1 of 4 3. To the extent permitted by law, the Town indemnifies and holds Grantor and Alpine Bank, a Colorado banking corporation ("Alpine Bank") harmless against any claims or liabilities related to the Town's activities and the acts and omissions of its contractors 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, constru4tion, 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 Tows, 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 fo do so shall constitute a default hereunder. This provision shall survive termination of the easement granted hereunder. Any contract entered into by the Town with a third party contractor relating to construction within the easement shall include a complete indemnity of all claims asserted against the Grantor and Alpine Bank and such indemnity provision shall be approved by the Grantor in writing prior to the Town entering into any such third party contract. 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. i S. Upon completion of construction of the Beaver Creek Blvd Streetscacpe 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 Greek Blvd Streetscape Project site, which insurance shall name Alpine Avon Building Company, LLC, and Alpine Bank, as additional insureds. The Town shall deliver the certificate of insur4nce naming Alpine Avon Building Company, LLC, and Alpine Bank as additional insureds prior to its use of the Property. 7. All notices, requests, demands, and other communications required or permitted too be given under this Easement Agreement shall be in writing and sent to the addresses set forth be,iow. Temporary Construction Easement Agreement 10 West Beaver Creek Boulevard, Avon, CO Page 2 of 4 i I f i I Each communication shall be deemed duly given and received: (i) as of the date and time the Pame is personally delivered with a receipted copy; or (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. Grantor: Alpine Avon Building Company, LLC Attn: Brian Nestor P.O. Box 7330 Avon, CO 81620 Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer S. 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 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. I 10. 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. 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 successorsand assigns. Temporary Construction Easement Agreement 10 West Beaver Creek Boulevard, Avon, CO Page 3 of 4 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 Construction Easement Agreement on , 2018. ALPINE AVON BUILDING COMPANY, LLC By: C;;4LLDate: Kris G ner, Manager STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of V"'(\ a.cc1,, , 2018, by Kris Gardner, Manager of Alpine Avon Building Company, LLC, a Colorado limited liability company. Witness my hand and official seal. My c'mmis * f c' DARLENE a NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID #19964018238 My Commission Expires December 18, 2020 Easement Agreement accepted and approved by the Town of Avon. By: A te: 3 Jennie Fancher, Mayor � N OF Al%j y� Attest: Hoppe, Town Temporary Construction Easement Agreement 10 West Beaver Creek Boulevard, Avon, CO Page 4 of 4 .SEAL.