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05-03-2018 Temporary Construction Easement Agreement 160 W Beaver Creek Blvd Lot 5, a Replat of Lot 4 and 5Eagle County, CO Regina O'Brien Pgs: 6 REC: $38.00 DOC: $0.00 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk 201808491 05/17/2018 04:36:00 PM TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 160 West Beaver Creek Boulevard Lot 5, A Replat of Lot 4 and 5, Mountain Vista Resort Subdivision Avon, Colorado KNOW ALL MEN BY THESE PRESENTS: Points of Colorado, Inc., a Colorado 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. Grantor owns Lot 5, Mountain Vista Resort Subdivision, Avon, Colorado recorded in the Eagle County Clerk and Recorder's Office at Reception No. 201607621 ("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 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 Project. Temporary Construction Easement Agreement 160 West Beaver Creek Boulevard, Avon, CO Pagel of 4 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 materialmen'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 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 niininais amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. 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 Points of Colorado, Inc. as an additional insured. The Town shall deliver the certificate of insurance naming Points of Colorado, 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 date and time the same is personally delivered with a receipted copy; (ii) if delivered by Temporary Construction Easement Agreement 160 West Beaver Geek Boulevard, Avon, CO Page 2 of 4 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: Points of Colorado, Inc. Lot 5 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 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. 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 the enforcement of this Easement Agreement, including reasonable attorneys' fees and Temporary Construction Easement Agreement 160 West Beaver Creek Boulevard, Avon, CO Page 3 of 4 costs in connection therewith. This provision shall survive termination of this Easement. 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. The Grantor hereby executes this Temporary Construction Easement Agreement on A&4 t 3 .2018. POINTFCOtl�AD , I . By: STATE OF f1 � ,,� ) ss. COUNTY OF Ok71 � 1 c The foregoing instrumarit was acknowledged before me this SjAe--dfay of 2018,by W t e my hand an offic[al 'seal. My commission expires: �( I otary Public t,•• STACEY LYNN KOBELL -rA-" .�= MY COMMISSION # GG 077729 EXPIRES: May 7, 2021 %a o BondEd TtNu Notwy PubGC UndervrtRers Easel nt Agreement accepted and approved by the Town of Avon. By: Date: �S Je lie Fancher, Mayor NN OFq� o� . Attest: ' 0'L Debbie Hoppe, Town'Clerk �, L L Temporary Construction Easement Agreement _ 160 Nest Beaver Creek Boulevard, Avon, CO C"•••...•••' Page 4 of 4 /0!ACfl PEAK, LAND CONSULTANTS, INC. EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT TE -160A A parcel of land local ed in Lot 5, 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 most easterly corner of said Lot 5 and the southwesterly .right. of way line of Beaver Creek Boulevard; Thence S52°41'01 "W along the southeasterly line of said Subdivision a distance of 23.11 feet; Thence N37°1.4159"W a distance of 17.50 feet; Thence N52°41'01 "E a distance of 14.89 feet to the beginning of a non -tangent curve being 5.00 westerly of and parallel with the easterly line of said Lot 5; Thence along the arc of said curare turning to the right 64.21 Peet, with a radius of 545.00 feet, a central angle of 6°45'01 ", and a long chord which bears i<T30'27'53"W a distance of 64.17 feet;. Thence N27°05'23" W along a line 5.00 westerly of and parallel with said easterly line a distance of 48.5; feet; Thence N62°5=4'37"E a distance of 5.00 feet to said easterly line; 'Thence along* the easterly line of said Lot 5 the following two (2) courses: 1. S27°05'23"W a distance of 44.53 feet to a point of curvature; 2. Along the arc of said curve turning to the tell 80.4 3 feet, with a radius of 540.00 .feet, a central angle ol'894'36", and a lone chord which bears 831°22'41"E a distance of 50.76 feet to the Point of Beginning; The above described parcel contains 972 square feet (0.022 acres) more or less; Date: October 5, 2017 Prepared by: Brent .Biggs P.L.S. 27598 Colorado Licensed Professional Land Surveyor On behalf of Peal: Land Consultants, INC. t !1 N Z 0 r m G a I� tn!)C")Zrm c ZO '*i����•• '-< C D m OZZArn s ZmDn to ANO Cho -!Z zm 2 mN<y0z 00 m Fezcnncm-zo < a 0mi o a -zt m {trmN0 map=od OZ O �m�zCr- 00 O mo>00y m O -u n� m z-czo -J� mmj nD0 Sz c sz�z- -CD m -J z I, Tm�In -4 � D D �OOcJO-ioO-{ m DO o co DD0 mV) SC ;- rnR: ODCIn -!-{ LOC=O r,m n0 2m`=L T� mZD c�a m < rTl OO m n ZO -m< -< z -< r! co p t z o M C) O c G7 --4 r p v yr 0 z -yI O _ > > rr! 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