TC Resolution 22-16 Approving Easement Deed and Agreement for an Emergency Notification Siren at 1875 Paintbrush, Mountain Star SubdivisionA
Avon
COLOHADO
RESOLUTION 22-16
APPROVING EASEMENT DEED AND AGREEMENT FOR
AN EMERGENCY NOTIFICATION SIREN AT 1875
PAINTBRUSH, MOUNTAIN STAR SUBDIVISION
WHEREAS, the Avon Town Council has determined that the construction of a Town of
Emergency Notification System will improve the public safety, will improve Town government
operations, and will promote the goals of the Avon Comprehensive Plan;
WHEREAS, the construction project will require a permanent easement and Section 2.1 of
the Avon Home Rule Charter provides that the Town Council may acquire real property interests
and Colorado Revised Statutes section 31-15-101(1)(d) provides that municipalities may acquire
and hold real property; and
WHEREAS, the Town Council finds that approval of the attached easement deed and
agreement and authorization to negotiate, revise and finalize the permanent easement required
for Town of Avon Emergency Notifications System project will promote the health, safety,
prosperity, convenience and general welfare of the Avon community by facilitating the
construction of such Project.
NOW THEREFORE, the Avon Town Council, hereby RESOLVES as follows:
1. The form of the Easement Deed and Agreement which is attached to this Resolution as
Exhibit A are approved and the Mayor and Mayor -Pro Tern are authorized to execute such
easements.
2. The Avon Town Council hereby authorizes the Town Manager and Town Attorney to
negotiate, revise and finalize the Easement Deed and Agreement.
3. The Mayor and Mayor -Pro Tern are authorized to execute the Easement Deed and
Agreement for the Town of Avon Emergency Notification System Project which are reviewed
and approved by the Town Attorney and Town Manager. ��%N OFq�
. o�
By:
Attest.')
Sarah Smith Hymes, 14ayor Brenda Torres, Deputy Town C k'•.
cU�o4�t)0
Resolution — 2022 - 16
August 18 2022
Page 1 of 1
EASEMENT DEED & AGREEMENT
1.0 PARTIES. The parties to this agreement ("Agreement") are the Town of Avon, Colorado, a Colorado
home rule municipality ("Town") and Upper Eagle Regional Water Authority, a quasi -municipal
corporation and political subdivision of the State of Colorado (the "Authority"). This Agreement is
effective upon execution by the Authority and following execution by the Town on the date indicated
below.
2.0 RECITALS AND PURPOSE,
2.1. The Authority is the owner of certain real property located in the Town of Avon, Eagle
County, Colorado, known by Eagle County Assessor Parcel No. 194325400001 ("Authority
Property").
2.2 The Authority owns and operates a water tank, water lines, and related infrastructure on the
Authority Property.
2.2. The Town operates and maintains an emergency notification system within the Town with
the goal of providing a uniform, effective audible warning system to the public in the event
of a wildfire.
2.3. The Town has expressed a desire to access and occupy the Authority Property for the
purpose of installing, constructing, and maintaining a siren on the Authority Property as part
of the Town's emergency notification system.
2.4. Section 2.1 of the Avon Home Rule Charter provides that the Town Council may accept
conveyances of real property to the Town.
2.5. The Authority is willing to grant and convey an easement to the Town under the terms and
conditions as hereinafter specified in this Agreement.
3.0 GRANT OF EASEMENT.
3.1. The Authority hereby grants and conveys to the Town an exclusive perpetual access
easement for the purpose of installing, constructing, and maintaining one siren system (the
"System") on the Authority Property (the "Easement"). The Easement shall be as particularly
described and depicted on Exhibit A.
3.2. The Easement shall continue in perpetuity from the date of this Agreement.
4.0 TERMS AND CONDITIONS.
4.1. The Town agrees to construct, maintain, and repair the System placed or located on the
Authority Property by the Town or its lessees, agents, employees, or other persons under
the control or direction of the Town pursuant to this Agreement at the cost and expense of
the Town and at no cost or expense to the Authority.
4.2. The Town acknowledges and agrees that the Easement is on property that has existing
improvements and that the Authority may add future improvements (collectively, the
"Authority Facilities"). The Town shall repair and replace any damage caused by its use of
the Easement to any of the Authority Facilities.
4.3. The Town retains the right to the undisturbed use and occupancy of the Easement insofar
as such use and occupancy is consistent with and does not impair the operation and
maintenance of the Authority Facilities and insofar as such use and occupancy is not
inconsistent with and does not impair any grant or covenant contained herein.
5.0 GOVERNMENTAL IMMUNITY. Nothing herein shall be interpreted as a waiver of governmental
immunity, to which the Town and Authority would otherwise be entitled under § 24-10-101, et seq.,
C.R.S., as amended.
6.0 NOTICE. Any notice required or permitted under this Agreement shall be in writing and shall be
provided by electronic delivery to the e-mail addresses set forth below and by one of the following
methods 1) hand -delivery or 2) registered or certified mail, postage pre -paid to the mailing addresses
set forth below. Each party by notice sent under this paragraph may change the address to which
future notices should be sent. Electronic delivery of notices shall be considered delivered upon
receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for personal service
of a summons or other legal process.
Notice to Town: Town of Avon
100 Mikaela Way
Avon, CO 81620
With copy to: Karp Neu Hanlon, P.C.
P. 0. Drawer 2030
Glenwood Springs, CO 81602
Notice to Authority: Upper Eagle Regional Water Authority
846 Forest Road
Vail, CO 81657
7.0 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.
8.0 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.
Page 2 of 4
9.0 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.
10.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties,
their respective legal representatives, successors, 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.
11.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Authority shall incur
no cost or expense attributable to or arising from the construction, maintenance, or operation of the
System.
12.0 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.
13.0 LEGAL FEES AND COSTS. In the event either party seeks legal action to enforce this Agreement,
the prevailing party shall be entitled to recover any and all legal costs and attorney's fees incurred.
DATED 2022.
ATTEST:
Page 3 of 4
TOWN OF AVON:
AUu IM ►P L
f ,
Approved as to Form:
F r Town At ey' Office
STATE OF
COUNTY OF
The foregoing instrument was
2022, personally by
Regional Water Authority.
Commission expires:
(SEAL)
Page 4 of 4
UPPER EAGLE REGIONAL WATER AUTHORITY:
By:
Name:
Title:
acknowledged before me this day of
as
Notary Public
ss.
of the Upper Eagle