McGrady Acres Licensing AgreementTOWN OF AVON
LICENSE AGREEMENT
1.0 PARTIES. The parties to this agreement (“Agreement”) are the Town of Avon, Colorado, a
Colorado home rule municipality (“Town”) and Eagle River Homes, LLC (“Licensee”). This
Agreement is effective upon execution by the Licensee and following execution by the Town
Manager on the date indicated below.
2.0 RECITALS AND PURPOSE.
2.1. The Town is the owner of certain open space and park land property located at that part of
Tract 0-2, McGrady Acres, A Resubdivision of Lots 3 and 6, according to the map thereof
recorded at Reception No. 202216992, in the Town of Avon, Eagle County, Colorado,
commonly known as a portion of the EagleBend Pocket Park, and as further described in
Exhibit 1 (“Town Property”).
2.2. The Licensee has expressed a desire to encroach upon and occupy the Town Property for
the purpose of installing, constructing, and maintaining a certain retaining wall, fence,
stairs and gate, along with landscaping including but not limited to, trees and irrigation.
2.3. Section 17.8 of the Avon Home Rule Charter states that the Council may grant a permit at
any time for the temporary use of occupation of any street, alley, or Town owned place,
provided such permit shall be revocable by the Council at its pleasure, regardless of
whether or not such right to revoke be expressly reserved in such permit.
2.4. The Town is willing to grant a revocable license to the Licensee under the terms and
conditions as hereinafter specified in this Agreement, provided that nothing in this
Agreement shall waive or modify any obligation to seek building permits, variances, or
other approval necessary to meet any obligation imposed by law. The Licensee remains
obligated to apply for and obtain all necessary permits and approvals, pay all required
fees, and comply with all applicable local laws, including but not limited to any applicable
provisions in the Avon Municipal Code.
3.0 TERMS AND CONDITIONS.
3.1. The Town hereby grants to the Licensee a revocable license for the encroachment and
occupation described as follows:
Retaining wall, fence, stairs and gate (“Private Improvements”), provided, however, that
nothing in this Agreement is intended to waive, alter, modify, or permit any violation of any
local law applicable within the Town of Avon. To the extent that the location or other
specifications of this License or any exhibit conflicts with local laws, the local law shall
govern.
Except for the encroachment and occupation of the Private Improvements identified in this
¶ 3.1, no other encroachment, structure, improvement, vehicle, fence, wall, landscaping, or
any other real or personal property shall be erected, installed, constructed, parked, stored,
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kept, or maintained in any way or fashion on the Town Property, including but not limited to
storage sheds, carports, playground equipment, motor vehicles, snowmobiles or other
recreational equipment.
3.2. The encroachment and occupation as specified in ¶ 3.1 above shall continue from the date
of this Agreement to the time that this Agreement is terminated. The Town may terminate
this Agreement at any time if the Town Council, following a duly noticed public hearing,
makes a legislative determination that removal of the Private Improvements is necessary
to protect the public health, safety, or welfare of the Avon community. At such time as the
Town Council makes a determination that removal of the Private Improvements is
necessary, the Town Council shall also make a legislative determination regarding the
reasonable period of time within which the Private Improvements must be removed.
Except in the case of a public safety emergency or where a shorter period of time is
justified due to the nature of the Private Improvements, the Licensee shall customarily not
be required to remove the Private Improvements within less than thirty (30) days of notice
to the Licensee. The Town may also terminate this Agreement at any time in the case of a
declaration by the Town Council for the Town of Avon that a public safety emergency
exists by giving written notice to the Licensee five (5) days in advance of the effective date
of termination.
3.3. The Licensee expressly agrees to, and shall, indemnify and hold harmless the Town and
any of its officers, agents, or employees from any and all claims, damages, liability, or
court awards, including costs and attorney’s fee that are or may be awarded as a result of
any loss, injury or damage sustained or claimed to have been sustained by anyone,
including but not limited to, any person, firm, partnership, or corporation, in connection with
or arising out of any omission or act of commission by the Licensee or any of its
employees, agents, partners, or lessees, in encroaching upon the Town Property. In
particular and without limiting the scope of the foregoing agreement to indemnify and hold
harmless, the Licensee shall indemnify the Town for all claims, damages, liability, or court
awards, including costs and attorney’s fees that are or may be awarded as a result of any
loss, injury or damage sustained or claimed to have been sustained by anyone, including
but not limited to, any person, firm, partnership, or corporation, in connection with or
arising out of any claim in whole or in part that all or any portion of the Private
Improvements and encroachment permitted by this Agreement constitutes a dangerous
and/or unsafe condition within a public right-of-way.
3.4. The Licensee agrees that it will never institute any action or suit at law or in equity against
the Town or any of its officers or employees, nor institute, prosecute, or in any way aid in
the institution or prosecution of any claim, demand, or compensation for or on account of
any damages, loss, or injury either to person or property, or both, known or unknown, past,
present or future, arising as a result of or form the revocable license granted to the
Licensee by this Agreement. This provision includes but is not limited to claims relating to
road maintenance, snow removal or other public works activities performed by or on behalf
of the Town.
3.5. The Licensee agrees to construct, maintain, and repair the Private Improvements placed
or located on the Town Property by the Licensee or its lessees, agents, employees, or
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other persons under the control or direction of the Licensee pursuant to this Agreement at
the cost and expense of the Licensee and at no cost or expense to the Town. The
Licensee agrees to remove or cover graffiti or other damage caused to the improvement(s)
within a reasonable time following notice or knowledge of such damage or within forty-
eight (48) hours of delivery to the Licensee of a written demand by the Town, whichever is
earlier. The Licensee shall not erect, cause to be erected or permit the erection of any
sign, advertising object, or illustration upon any improvement, structure, fence, or wall
placed or located by the Town Property pursuant to this Agreement and shall promptly
remove any such sign or advertising.
3.6. The Licensee agrees to be responsible for the following on the Town Property:
maintenance of the retaining wall; installation, construction and maintenance of the fence
on the retaining wall; installation, construction and maintenance of stairs and a gate at the
terminus of the western point of the adjacent access road; and installation and related
costs on Licensee’s adjacent property. The Licensee also agrees to install, construct and
maintain the south access connection between McGrady Acres and the adjacent cul-de-
sac, as described in Exhibit 2, which maintenance shall include snow removal. Trees shall
be installed as shown in the plans, including height and species, attached hereto as
Exhibit 3.
3.7. The Licensee agrees that the Town is not liable, and will not assume any liability,
responsibility, or costs for any damage, maintenance, or repair of any Private
Improvements erected or maintained by the Licensee under this Agreement.
3.8. The Licensee agrees to repair and reconstruct any damage to the Town Property upon
termination of this Agreement or removal of the Private Improvements described in ¶ 3.1
and any other improvements erected by the Licensee on the Town Property and the
Licensee shall return the Town Property to its original condition at the cost and expense of
the Licensee and at no cost or expense to the Town. In the event that Licensee does not
remove the Private Improvements and repair and restore Town Property to the condition
prior to this Agreement within the time period determined in ¶ 3.2 above, then Licensee
shall be deemed to have abandoned the Private Improvements and any rights thereto and
the Town may proceed to remove the Private Improvements. The Town may seek
recovery of all costs incurred for the removal of Private Improvements from Town Property,
repair of damages to Town Property, and restoration of Town Property, including legal
costs and attorney fees.
3.9. The Licensee agrees to procure and maintain, at its own cost, a policy or policies of
insurance protecting against injury, damage or loss occurring on the licensed premises in
the minimum amount of $1,000,000.00 per occurrence. Such policy or policies shall name
the Town as an “additional insured”. However, the Licensee’s failure to take such steps to
insure the premises shall not waive, affect, or impair any obligation of the Licensee to
indemnify or hold the Town harmless in accordance with this Agreement.
4.0 ASSIGNMENT. This Agreement shall not be assigned by the Licensee without the prior written
consent of the Town which may withhold its consent for any reason; provided that the Town
encourages the Licensee to inform any purchaser of the Licensee’s property or interests of the
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existence of this Agreement and the Town will promptly consider any request by the Licensee for
assignment of this Agreement to such subsequent purchaser.
5.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be
deemed to have been sufficiently given for all purposes if personally served or if sent by certified
mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to
be given at the address set forth on the signature page below, or at such other address as has
been previously furnished in writing, to the other party or parties. Such notice shall be deemed to
have been given when deposited in the United States Mail.
6.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between
the parties and there are no oral or collateral agreements or understandings. This Agreement may
be amended only by an instrument in writing signed by the parties. If any other provision of this
Agreement is held invalid or unenforceable, no other provision shall be affected by such holding,
and all of the remaining provisions of this Agreement shall continue in full force and effect.
Invalidation of the Agreement in its entirety shall revoke any authorization, whether explicit or
implied to the continuing use and occupancy of the Town Property for the Private Improvements.
7.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of
Colorado and venue for any action arising under this agreement shall be in the appropriate court
for Eagle County, Colorado.
8.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or
provision of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by either party.
9.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties,
their respective legal representatives, successors, future owners, heirs, and assigns; provided,
however, that nothing in this paragraph shall be construed to permit the assignment of this
Agreement except as otherwise expressly authorized herein.
10.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Town shall incur
no cost or expense attributable to or arising from the construction, maintenance, or operation of the
Private Improvements and encroachment permitted by this Agreement and that, in all instances,
the risk of loss, liability, obligation, damages, and claims associated with the encroachment shall
be borne by the Licensee. This Agreement does not confer upon the Licensee any other right,
permit, license, approval, or consent other than that expressly provided for herein and this
Agreement shall not be construed to waive, modify, amend, or alter the application of any other
federal, state, or local laws, including laws governing zoning, land use, property maintenance, or
nuisance.
11.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are expressly
authorized to execute this Agreement on behalf of the Parties and to bind their respective Parties
and that the Parties may rely upon such representation of authority.
12.0 LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce this Agreement or
to recover reimbursement costs for removal of private improvements from, repair of any damages,
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and/or restoration of Town property subject to this Agreement, Town shall be entitled to recover
any and all legal costs and attorney’s fees incurred.
DATED _______________, 2024.
TOWN OF AVON:
By: ________________________________
Eric Heil, Town Manger
Town of Avon
ATTEST: Approved as to Form:
_________________________________ ________________________
Town Clerk or Deputy Town Clerk Nina P. Williams, Town Attorney
LICENSEE:
By:________________________________
Print Name:_________________________
Address: ___________________________
__________________________________
Nina P. Williams (Aug 14, 2024 16:54 MDT)Migu l au- gui asanu 1a (Aug 15, 2024 21:5ч MDT)
Aug 15, 2024
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Eric Heil
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An rea M Millen
Exhibit 1
Legal Description - Town Property
McGrady Acres License Agreement
Final Audit Report 2024-08-22
Created:2024-08-14
By:Jena Skinner (Jskinner@avon.org)
Status:Signed
Transaction ID:CBJCHBCAABAADAKDMh3wRRH83q4H7np-rf9XjwqmH6sP
"McGrady Acres License Agreement" History
Document created by Jena Skinner (Jskinner@avon.org)
2024-08-14 - 10:36:01 PM GMT
Document emailed to Andrea McMillen (mcmillen.andrea@gmail.com) for signature
2024-08-14 - 10:41:16 PM GMT
Document emailed to eheil@avon.org for signature
2024-08-14 - 10:41:16 PM GMT
Document emailed to nina@wwfdlaw.com for signature
2024-08-14 - 10:41:16 PM GMT
Document emailed to Miguel Jauregui Casanueva (mjauregui@avon.org) for signature
2024-08-14 - 10:41:16 PM GMT
Email viewed by nina@wwfdlaw.com
2024-08-14 - 10:54:29 PM GMT
Signer nina@wwfdlaw.com entered name at signing as Nina P. Williams
2024-08-14 - 10:54:56 PM GMT
Document e-signed by Nina P. Williams (nina@wwfdlaw.com)
Signature Date: 2024-08-14 - 10:54:58 PM GMT - Time Source: server
Email viewed by Andrea McMillen (mcmillen.andrea@gmail.com)
2024-08-15 - 5:01:46 AM GMT
Email viewed by Miguel Jauregui Casanueva (mjauregui@avon.org)
2024-08-16 - 3:58:02 AM GMT
Document e-signed by Miguel Jauregui Casanueva (mjauregui@avon.org)
Signature Date: 2024-08-16 - 3:58:40 AM GMT - Time Source: server
Email viewed by eheil@avon.org
2024-08-19 - 9:53:33 PM GMT
Signer eheil@avon.org entered name at signing as Eric Heil
2024-08-19 - 9:53:53 PM GMT
Document e-signed by Eric Heil (eheil@avon.org)
Signature Date: 2024-08-19 - 9:53:55 PM GMT - Time Source: server
New document URL requested by Andrea McMillen (mcmillen.andrea@gmail.com)
2024-08-22 - 3:24:11 PM GMT
Email viewed by Andrea McMillen (mcmillen.andrea@gmail.com)
2024-08-22 - 3:24:17 PM GMT
Document e-signed by Andrea McMillen (mcmillen.andrea@gmail.com)
Signature Date: 2024-08-22 - 3:24:42 PM GMT - Time Source: server
Agreement completed.
2024-08-22 - 3:24:42 PM GMT