05-04-2018 Temporary Construction Easement Agreement 160 W Beaver Creek Blvd Lot 2A, a Replat of Lot 4 and 5Eagle County, CO
Regina O'Brien
Pgs: 7
REC: $43.00
DOC: $0.00
AFTER RECORDING RETURN TO:
Town of Avon
P.O. Box 975
Avon, CO 81620
Attn: Town Clerk
201808493
05/17/2018
04:36:00 PM
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
160 West Beaver Creels Boulevard
Lot 2A, A Replat of Lot 4 and 5, Mountain Vista Resort Subdivision
Avon, Colorado
KNOW ALL MEN BY THESE PRESENTS: Mountain Vista Condominium Association,
Inc., a Colorado non-profit corporation ("Grantor"), whose address is: 9002 San Marco Court,
Orlando, FL 32819, 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. 0 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
for the project known as the Beaver Creek Streetscape Project (the "Project") over and across
the tract of land described in paragraph 1 below.
The parties further agree as follows:
1. Lot 2A, A Replat of Lot 4 and 5 Mountain Vista Resort Subdivision, Avon, Colorado
recorded in the Eagle County Clerk and Recorder's Office at Reception No. 921725
("Property") was submitted to the condominium form of ownership and Grantor is the
entity with authority to grant the temporary construction easement over the Property.
Grantor grants to the Town a temporary easement for the purpose of constructing the
Project. The temporary construction easement area is set forth in Exhibit A attached
hereto. The term of this temporary construction easement shall begin on May, ,
2018, and shall expire and be of no further force or effect on December 31, 2018
("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 Grantor seeks
improvements to the Property during the Term which conflict with this Agreement, Town
agrees to consider modifications to this Easement Agreement that accommodate Grantor's
Temporary Construction Easement Agreement
160 West Beaver Creek Boulevard, Avon, CO
Page 1 of 5
desire to improve the Property while allowing the Town to construct the Project.
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 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 rnaterialmen's liens (collectively, "Liens"). In the event 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 tennination 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 mini»ais amounts) on or about the
Property, and that any fill deposited shall not contain any environmentally hazardous
substances.
S. The construction documents for the 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, as well as workers compensation insurance and any other coverages as
are consistent with the overall Project and Project site, which insurance shall name
Mountain Vista Condominium Association, Inc. as an additional insured. The Town shall
deliver the certificate of insurance naming Mountain Vista Condominium Association,
Inc. as an additional insured prior to its use of the Property.
6. Upon completion of construction of the 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 its original
condition except for the improvements related to the Project. 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 Project, 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, and such reimbursement shall be paid by Town within forty-five (45) days of
receiving itemized invoices for such costs.
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
Temporary Construction Easement Agreement
160 West Beaver Creek Boulevard, Avon, CO
Page 2 of 5
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.
Grantor: Mountain Vista Condominium Association, Inc.
Lot 2A
9002 San Marco Court
Orlando, FL 32819
Attn: Tye Deyo, Esq.
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, or authority over, 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. 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
Temporary Construction Easement Agreement
160 West Beaver Creek Boulevard, Avon, CO
Page 3 of 5
the enforcement of this Easement Agreement, including reasonable attorneys' fees and
costs in connection therewith. This provision shall survive termination of this Easement.
12. Each and every tern, 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.
The Grantor hereby executes this Temporary Construction Easement Agreement on
l �{-
12018.
MOUNTAIN VISTA CONDOMINIUM ASSOCIATION, INC., a Colorado non-profit
corpor ion
By: 1 ti 'Pra 'Prr Ly+
STATE OF FLa,e
ss.
COUNTY OF d441v 6_ )
tlri�i+ _
;i�1� P"' • DONNA M. SIDMAN
MY COMMISSION # GG 069028
EXPIRES: April 27, 2021
�o' ' F iNe Bonded Thru Notary Publk Undenvnters
�h
The foregoing instrument was acknowledged before me this day of
2018, by .9/?tleE /,11c Nis#
Witness my hand and official seal.
/' • or��
Notary Public
My commission expires: 1/1 27? ZoZ/
Easement Agreement accepted and approved by the Town of Avon.
By: be��Date: 0 I7 I6
Jei iie Fancher, Mayor
Temporary Construction Easement Agreement
160 West Beaver Creek Boulevard, Avon, CO
Page 4 of 5
Temporary Construction Easement Agreement
160 West Beaver Creek Boulevard, Avon, CO
Page 5 of 5
��ORA�Q
PEAK LAND CONSULTANTS, ING,
>✓xMIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
TE -160B
A parcel of land located in Lot 2A, A Replat of Lot 4 and 5 Mountain Vista Resort Subdivision as
recorded under Reception Number 921725, at the Office of the Clerk and Recorder of Eagle County,
Colorado and being more particularly described as follows:
Beginning at the at the southeasterly corner of said Lot 2A and the southm,esterly right of way line of
Beaver Creek Boulevard;
Thence S62054237"W along the south line of said Lot 2A. a distance of 5.00 feet;
Thence N270512311W along a line 5.00 westerly of and parallel with the east line of'said Lot 2A a
distance of 72.11 feet;
Thence S63048'33"W a distance of 19.60 feet;
Thence N27026120"W a distance of. 38.87 feet;
Thence N63056'05"E a distance of 19.84 feet:
Thence N27005'23"W along a line 5.00 westerly of and parallel with said east line a distance of 122.04
feet to the north line of said I.ot 2A:
"Thence N59020'02".F a distance of 5.01 feet to said easterly line of Lot 2A;
Thence S27005123"W along said east line a distance of 233.29 feet to the Point ofBeginning;
The above described parcel contains 1,932 square feet (0.0=14 acres) more or less;
Date: October 5, 2017 Prepared by: Brent Biggs P.L.S. 27598
Colorado Licensed Professional Land Swveyor
On behalf of Peak Land Consultants, INC.
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