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04-29-1980 Benchmark at BC Assignment,Assumption,and NovationIL9871 "l Recorded at 3:00 P.M. April 0, 19£30 Fee $6.00 pd. -Book 302 Page 326 )Recorder: Johnnette Phi',�.�ps Eagle County ASSIGNMENT, ASSUMPTION AND NOVATION This Assignment, Assumption and Novation is made this 29th day of April, 1980, by and between Benchmark at Beaver Creek, a Colorado limited partnership ( "Benchmark "), the Avon Metropolitan District, a Colorado quasi - municipal corporation (the "District ") and the Town of Avon, Colorado, a Colorado municipal corporation (the "Town "). DT?rTMAT.-q A. By Quitclaim Deed of even date herewith, Benchmark has conveyed to the Town "Tract G ", Benchmark at Beaver Creek Subdivision, Amendment No. 4, according to the recorded plat thereof in Book 274 at Page 701 of the real property records of Eagle County, Colorado, subject to that certain Ground Lease between Benchmark, as lessor, and the District, as lessee, dated April 9, 1980, and recorded in Book 302 at Page 258 of said records (the "Ground Lease ") which by this reference is. fully incorporated herein. B. In connection with the above - mentioned conveyance, the parties hereto desire that Benchmark assign its interest in the Ground Lease to the Town, that the Town accept such assignment and assume the lessor's obligations under the Ground Lease, and that the District attorn to the Town as lessor and release Benchmark from any and all obligations as lessor under the Ground Lease. ASSIGNMENT, ASSUMPTION AND NOVATION NOW, THEREFORE, for good and valuable consideration received by each of the parties to this Agreement, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Assignment. Benchmark hereby assigns and sets over to the Town all of Benchmark's right, title and interest in and to the Ground Lease. 2. Acceptance and Assumption. The Town hereby accepts Benchmark's assignment as provided in paragraph 1 above, and hereby assumes, and agrees to perform and fulfill,any and all of the lessor's obligations pursuant to the Ground Lease; the Town agrees to indemnify and hold Benchmark harmless from and against any damage, expense, claim or liability arising from the lessor's default under the Ground Lease from and after the date hereof. 3. Attornment and Release. The District hereby agrees to attorn to the Town as lessor under the Ground Lease, and further agrees to release Benchmark from any and all of the lessor's obligations pursuant to the Ground Lease. 4. Successors and Assigns. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Assignment, Assumption and Novation as of the day and year It . above written. p ATTEST: r `1 Patricia J. oyle, Town Clerk ATTEST: BENCHMARK AT BEAVER CREEK, a Colorado limited partnership, by BENCHMARK -AVON PROPERTIES, a Colorado general partnership and general partner. By: A.J-. Well managing partner THE TOWN F AVON, COLORADO, a Colorado municipal corporation By: X�tO A` o . A1p­i__,_TM_ay9fr AVON METROPOLITAN DISTRICT, a Colorado quasi- municipal corporation Gary R Stevens, Secretary Allan R. Nottingh , Vice President $ATE OF COLORADO) Ss. u46VPTY OF EAGLE ) e foregoing instrument was acknowledged before me this dayt of April, 1980, by A.J. Wells as a managing partner of E HM70K -AVON PROPERTIES, a Colorado general partnership and X6?4j' partner of BENCHMARK AT BEAVER CREEK, a Colorado limited • j�� rj6i hip. 4 o�� ,G ,titness my hand and off i 1 seal. My commission expires: s Notary Public - 2 - STATE OF COLORADO) ) ss. COUNTY OF EAGLE ) "The foregoing instrument was Tay of April, 1980, by Angelo tra:ca.a Doyle, as Town Clerk, Qoon created under the laws acknowledged before me this V. Alpi, as Mayor, and of the Town of Avon, a municipal of the State of Colorado. .,fitness my hand and official seal. .My­,commission PE OF COLORADO) COUNTY OF EAGLE ) expires: 1,211_�ZZ2L3 L-Ndtary Public ss. The foregoing instrument was acknowledged before me this ` day of April, 1980, by Allan R. Nottingham, as Vice President , and Gary R. Stevens, as Secretary, of Avon Metropolitan District, a quasi - municipal corporation created under the laws of the State of Colorado. Witness my hand and official eal. My. commission expires: 1 �. ` IV .. G . � e otary - 3 - c e r`0�, N ASSIGNMENT, ASSUMPTION AND NOVATION This Assignment, Assumption and Novation is made this 29th day of April, 1980, by and between Benchmark at Beaver Creek, a Colorado limited partnership ( "Benchmark "), the Avon Metropolitan District, a Colorado quasi - municipal corporation (the "District ") and the Town of Avon, Colorado, a Colorado municipal corporation (the "Town "). nL1r•rmnr.c A. By Quitclaim Deed of even date herewith, Benchmark has conveyed to the Town "Tract G ", Benchmark at Beaver Creek Subdivision, Amendment No. 4, according to the recorded plat thereof in Book 274 at Page 701 of the real property records of Eagle County, Colorado, subject to that certain Ground Lease between Benchmark, as lessor, and the District, as lessee, dated April 9, 1980, and recorded in Book 302 at Page 258 of said records (the "Ground Lease ") which by this reference is fully incorporated herein. B. In connection with the above - mentioned conveyance, the parties hereto desire that Benchmark assign its interest in the Ground Lease to the Town, that the Town accept such assignment and assume the lessor's obligations under the Ground Lease, and that the District attorn to the Town as lessor and release Benchmark from any and all obligations as lessor under the Ground Lease. ASSIGNMENT, ASSUMPTION AND NOVATION NOW, THEREFORE, for good and valuable consideration received by each of the parties to this Agreement, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Assignment. Benchmark hereby assigns and sets over to the Town all of Benchmark's right, title and interest in and to the Ground Lease. 2. Acceptance and Assumption. The Town hereby accepts Benchmark's assignment as provided :in paragraph 1 above, and hereby assumes, and agrees to perform and fulfill,any and all of the lessor's obligations pursuant to the Ground Lease; the Town agrees to indemnify and hold Benchmark harmless from and against any " --N damage, expense, claim or liability arising from the lessor's default under the Ground Lease from and after the date hereof. 3. Attornment and Release. The District hereby agrees to attorn to the Town as lessor under the Ground Lease, and further agrees to release Benchmark from any and all of the lessor's obligations pursuant to the Ground Lease. 4. Successors and Assigns. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Assignment, Assumption and Novation as of the day and year first above written. BENCHMARK AT BEAVER CREEK, a Colorado limited partnership, by BENCHMARK -AVON PROPERTIES, a Colorado general partnership and general partner. By: A. J. 11" , a managing -partner ATTEST: THE TOWN OF AVON, COLORADO, a Colorado municipal corporation By: Patricia J Doyle, An(3 V. Alpi, ay r Town Cie ATTEST: Gary R Stevens, Secretary STATE OF COLORADO) ) ss. COUNTY OF EAGLE ) AVON METROPOLITAN DISTRICT, a Colorado quasi- municipal corporation By Allan R. ottingh Vice President 21�1 The foregoing instrument was acknowledged before me this day of April, 1980, by A.J. Wells as a managing partner of BENCHMARK -AVON PROPERTIES, a Colorado general partnership and general partner of BENCHMARK AT BEAVER CREEK, a Colorado limited partnership. Witness my hand and of My commission expires: - 2 - �1 STATE OF COLORADO) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of April, 1980, by Angelo V. Alpi, as Mayor, and Patricia J. Doyle, as Town Clerk, of the Town of Avon, a municipal corporation created under the laws of the State of Colorado. Witness my hand and official seal. My commission expires: 1p2 4T�ary Public STATE OF COLORADO) ) ss. COUNTY OF EAGLE ) �� The foregoing instrument was acknowledged before me this day of April, 1980, by Allan R. Nottingham as Vice President , and Gary R. Stevens, as Secretary, of Avon Metropolitan District, a quasi- municipal corporation created under the laws of the State of Colorado. Witness my hand and official seal. My commission expires: A/ -ZLL o ary Public - 3 - cC z v aIi 602 F F co CL ct 1'CC W1VVV 198712 - -a corded at 3:00 P.M. Apri� 30, 1980 ( ,,corder: Johnnette Phillil Eagle County Book 302 Page 325 QUITCLAIM, LICENSE AND EASEMENT AGREEMENT This Quitclaim, License and Easement Agreement is made this 29th day of April, 1980 by and between the AVON METROPOLITAN DISTRICT, a quasi- municipal corporation created under the laws of the State of Colorado, whose address is P.O. Box 457 , Avon, Colorado (the "District "), and the TOWN OF AVON, a municipal corporation created under the laws of the State of Colorado, whose address is P. 0. Box D, Avon, Colorado (the "Town "). RECITALS A. The Town is the owner of Tract "G," Benchmark at Beaver Creek Subdivision, Amendment No. 4., as per the recorded plat thereof recorded in Book 274 at page 701 of the real property records of Eagle County, Colorado ( "Tract G"). B. Tract G is subject to certain easements in favor of the District as provided in that certain Special Warranty Deed, dated December 29, 1978, and recorded in Book 280 at page 361 of the real property records of Eagle County, Colorado, and is further subject to a Ground Lease from Benchmark at Beaver Creek to the District dated April 9, 1980, and recorded in Book 302 at page 258 of said records (the "Ground Lease "). C. The Town has requested that the District release a certain easement held by the District on Tract G, subject to the District's rights under the Ground Lease, and has further requested that the Town be granted an irrevocable license to use, for the term of the Ground Lease, that portion of the lands covered by such easement as is also covered by the Ground Lease, for the purposes of access, parking, drainage and utilities. D. The District has requested that the Town grant an additional easement on Tract G in favor of the District for the purposes of installation and maintenance of water pipelines. QUITCLAIM, LICENSE AND EASEMENT NOW, THEREFORE, for good and valuable consideration received by each of the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties make the following grants and conveyances: 1. Quitclaim by District to Town. The District hereby sells and quit claims to the Town all of the District's right, title and interest in and to that certain real property in the Town of Avon, County of Eagle and State of Colorado, which is legally described on Exhibit A attached hereto and made a part hereof (the "Vacated Easement "), with all its appurtenances, subject, however, to the District's rights under the Ground Lease, which rights the District expressly reserves. 2. Irrevocable License from District to Town. The District hereby grants to the Town a license to use, on a non - exclusive basis with the District during the term of the Ground Lease, that portion of the Vacated Ease- ment which is covered by the Ground Lease, for the purposes of access, parking, drainage and utilities. Such license shall be irrevocable by the District. 3. Easement from Town to District. The Town hereby grants, bargains, sells and conveys to the District an easement on, under and across that certain real property legally described in Exhibit B attached hereto and made a part hereof, for the purposes of installation and maintenance of water pipelines. 4. Successors and Assigns. This Agreement and the grants and conveyances herein shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. -2- IN WITNESS WHEREOF, the Town and the District have hereunto set their hands and seals the day and year first ,Sa��g��4Y'► {A,, ac v written. THE TOWN OF AVON, COLORADO, ATTEST: a Colorado municipal corporation . yr• �,� _. F �• Patricia J. yle, Town Clerk ATTEST: Gary Stevens, Secretary STATE OF COLORADO) ) ss. COUNTY OF EAGLE ) �! /_•it�s�►% � s �%� AVON METROPOLITAN DISTRICT, a Colorado quasi - municipal corporation By: A: J.£�e 1 esident The foregoing instrument was acknowledged before me this° L day of April, 1980, by Angelo V. Alpi, as Mayor, and Patricia J. Doyle, as Town Clerk, of the Town of Avon, a municipal t�it�uru�a; ' ,kRAsqqrporation created under the la =gas of the State of Colorado. WITNESS my hand and official seal. 1 r �'��''. Q- My commission expires: % �'�., �'•• .. ��'�,�`� otary Pub lic STATE OF COLORADO) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this Ak— day of April, 1980, by A.J. Wells, as President, and Gary R. Stevens, as Secretary, of Avon Metropolitan District, a quasi- municipal corporation created under the laws of the State of Colorado. 111t�HF1Etf {fir WITNESS my hand and official seal. My commission expires: �3 c Not Public 3 EXHIBIT A TO QUITCLAIM, LICENSE AND EASEMENT AGREEMENT "EASEMENT B" lying in Tract G, Block 2, Official Plat - Town of Avon, Eagle County, Colorado, and Final Sub- division Plat - Amendment No. 4, Benchmark at Beaver Creek, more particularly described as follows: Commencing at the South West corner of said Tract G; Thence S 65 058108" E 1067.33 feet along the Northerly Right - of -Way line of the Denver Rio Grande and Western Railroad to the True Point of Beginning of Easement B; Thence N 24 001152" E, 80 feet; Thence S 65 058108" E, 803.94 feet; Thence S 02 °30112" 89.42 feet; Thence N 65 058108" W, 66.34 feet along said Railroad Right -of -Way line; Thence N 00 °05110" E, 26.85 feet, Thence S 89 050148" W, 59.91 feet; Thence N 65 058108" W, 712.00 feet along said Railroad Right -of -Way line to the True Point of Beginning. TO �\ NOTTINGHAM LAKE Cp o RAW WATER off" ` y PUMP STATION EXHIBIT "B" M, LICENSE AND EASE 0 O'UTILITY EASEMENT `1 AGREEMENT i00 ALE= I" -100' POINT OF INNING 0f %,� \tom AMENDMENT 4 BOUNDARY / �'•,�Q. 1 FIRE STATION LOT i 8 •� � i LOT' 64 S8.90 co \� 99¢8 N✓ o,a ' ev N00005'19"E l 26.85 UTILITY EASEMENT tips• ,,,-�' DESCRIPTION O� 0� A UTILITY EASEMENT BEING PART OF TRACT G, LOCATED IN BENCl*lARK AT DEAVER CREEK AI.IENDMENT 4, TOT4N OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, SECTION 12, T. 5 S., R. 82 W. OF TIIE 6TH P.M. AND MORE PARTICULARLY DESCRIBED AS FOLLOUS: "N EASEMENT 30.00 FEET TIDE, BEING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE FIRE STATION LOT FROMI3HENCE THE SOUTHWEST CORNER OF LOT 64, BLOCK 2, BENCWAARK AT BEAVER CREEK AMENDMENT 4, BEARS S 58 °33'57" E. 394.67 FEET; THENCE N 64 055'04" W, 424.02 FEET; THENCE N 28 °18'03" W, 147.65 FEET; THENCE N 58 048'15" W, 50.00 FEET TO THE END POINT LOCATED IjZGTZj.NGHA14 LADE. � c � L:���� �a,;