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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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