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Home My WebLink AboutC02-161 Berry Creek Equestrian CenterN t�uG -ill- IG AN AGREEMENT OF TEMPORARY LICENSE FOR ACCESS THIS AGREEMENT, made this Vtayof � , 2002, between Edwards Station Association, a Colorado not for profit corporation (hereinafter the "Edwards Station Association "), as grantor, Eagle County (hereinafter the "County"), a political subdivision of the State of Colorado, its successor(s) in interest, and the Berry Creels Equestrian Center (the `Equestrian Center "), a Colorado not for profit corporation, as grantees. Edwards Station Association, the County and the Equestrian Center are collectively referred to herein as the "Parties ". WITNESSTH: THAT for consideration of the covenants and agreements herein set forth, the sum of TEN DOLLARS ($10.00), and other good and valuable consideration paid by the County to Edwards Station Association, the receipt and adequacy of which is hereby acknowledged, Edwards Station Association hereby grants to the County and the Equestrian Center, its successors and assigns, a temporary nonexclusive license for access (the "License "), twenty feet in width, over and across a portion of Edwards Station Association's property in Eagle County, Colorado, the exact location of which is shown on Exhibit A (the "Access Path ") consisting of one page attached hereto and incorporated by reference herein. The License shall inure to the benefit of the Equestrian Center subject to the conditions set forth herein. The License shall automatically terminate and revert to Edwards Station Association, its successors in interest or assigns, on December 31, 2002, or on the date alternative access to the Equestrian Center is available via Miller Ranch Road, whichever is earlier. Neither this document nor any other evidence of the License shall be recorded in the public records of Eagle County. The sole pin of the License is to provide access to the Equestrian Center for the staff members of the Equestrian Center, the owners of animals boarded at the Equestrian Center, vendors making deliveries to the Equestrian Center and a limited number of guests of the owners and staff members of the Equestrian Center. Use of the License shall not include granting access to the Equestrian Center for public functions or events, including without limitation, rodeos, charity benefits or equestrian competitions and the Equestrian Center hereby agrees that no such event shall be held during the term of the License. The Equestrian Center hereby agrees to provide a copy of Exhibit A to all of its employees and patrons who will use the Access Path and shall notify them of the location of the Access Path, that the route of the Access Path is one -way and shall take other reasonable measures to insure that access to the Equestrian Center is gained only as indicated on Exhibit A. Edwards Station Association, its successors, assigns, tenants, guests and invitees shall have an equal right to the use of the Access Path granted by this License and neither Edwards Station Association nor the Equestrian Center shall interfere with the other's use thereof. The County, at the County's sole expense, shall construct a ramp, bridge and /or transition road between the curb of the paved parking lot of Edwards Station Association and the Equestrian Center and shall return all modified areas to their original condition as depicted on Exhibit B, attached hereto and incorporated herein by reference, upon termination of the License, or as soon thereafter as reasonably possible. The original condition is depicted in one or more photographs attached hereto as Exhibit B. Nothing contained herein shall authorize the County or any person or entity acting with or on behalf of the County to subject any portion of the property of Edwards Station Association, including the Access Path, to mechanics' liens and the County shall indemnify and hold Edwards Station Association, harmless from all liens which arise or are asserted as the result of work done on the Access Path or property surrounding the Access Path which belongs to Edwards Station Association. The Equestrian Center shall and does hereby indemnify and save Edwards Station Association, Edwards Station. LLC, a Delaware limited liability company, Edwards Station Operating LLC, a Delaware limited liability company, Nick's Quick Oil & Lube, LLC, a Colorado limited liability company, Colorado Mountain Express, LLC, a Delaware limited liability company, and Wend Colorado Partnership, a Colorado general partnership (collectively the "Indemnitees ") harmless from all claims for damages, regarding bodily injury, death, or for damage to property, and from liens arising from the use of the Indemnitees' property by the Equestrian Center, its patrons, vendors, staff and/or any other invitees of the Equestrian Center for the purpose of gaining access to the Equestrian Center. The Equestrian Center shall provide comprehensive general insurance coverage in the aggregate amount of one million dollars ($1,000,000) for said indemnification, which shall include the obligation to defend the Indemnitees against all claims, whenever made, which arise from the Equestrian Center's use of the License and shall furnish proof of insurance in the form of a certificate of insurance or binder which identifies the Indemnitees as the insureds for the period the License is in existence. It is understood that creating a License for access on or over the property of Edwards Station Association may eliminate certain parking spaces utilized in the ordinary course of business by Colorado Mountain Express, LLC (CME). The County and the Equestrian Center hereby give permission and grant a license to CME to park vans or other vehicles on the premises leased by the Equestrian Center during the time the License is in existence. The County shall, to the extent permitted by law, and without the County waiving any rights under the Colorado Governmental Immunity Act, C.R.S. 24 -10 -101 et al, indemnify, and save and hold harmless the Indemnitees against all claims and liability for damages, loss or expense caused by any injury or death to any person or damage to property resulting from the intentional or negligent acts or omissions of the County to the extent that loss or damage results from the County's use of the temporary access License described herein. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. All of the covenants herein contained shall be binding upon and inure to the benefits of the Parties hereto, their respective heirs, personal representatives, successors and assigns. This grant of ten 1 ary License is subject to all prior lie )encumbrances, easements, restrictions, reservations and tights of way affecting Edwards Station Association's property. This Agreement may be executed in separate counterparts, each of which shall be deemed original and all of which when taken together shall constitute one Agreement. It shall be fully executed when each party whose signature is required has signed at least one counterpart even though no one counterpart contains the signatures of all parties. In the event any patty to this Agreement commences an action to enforce any of the provisions hereof, the prevailing party in such action shall recover from the other parry or parties to such action the prevailing party's costs and reasonable attorney fees. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. ATTEST: 0 Sara J. Fi.sl Clerk and Recorder "COUNTY" EDWARDS STATION ASSOCIATION, INC. �� 1 By: �� v Name: G r m Title: T> "EDWARDS STATION" Colorado Z ) SS. Eagle Z The foregoing instrument was acknowledged before me by_ as Representative of Edwards Station Association, Inc., this I — day of , 2002. MA jo Nornry Public n V� My Commission Lxpires: A 0 O-, Jun - 14-2002 15:47 From -WEAR TRAVERS & PERKINS 8704767116 T -476 P.005 /006 F -020 The foregoing instrurneitt was acknowledged before me by as Representative of Edwards Station Association, Inc., this day of 2002. Notary Public My Cotmoission Expires: BERRY CREEKEQUESTRIAN CENTER By: Name; Co _ Title; f� i "Equestrian Center" STATE OF Coloirado ) SS. COUNTY OF Ehgle 1 The foregoing instrum4nr was acknowledged before me by _ j --W ov A • ° as Representative of Berm Creek Equestrian Center this i — I day of u ti10 , 2002. \NoraryPublic i My Cornuv,sion Expires; MYConenl�o E> plres 01-04�OIX1 � �� :9 L: \Clients\$ WParmers \Edwatds Stalion\L4erry Crk access es=r- 3cln.doe . O P r_ C01-C-'. II Q a y N a R v� ty is 7 Exhibit A Interstate 70 zr� a ,f p • ®_g � CME you Parking eat CME Yan Parking ! 2C :4 Pi �S y.co w p . Housin : CME VanParldng ::S • �9Q8' Above • :: �/ s n =Parking - � CME E>egioyee Pafldng t 6 i e CMEYaa Parking e TOR 0 H Q CME Employee Parking - m 9 , 1 6ncerri aura Parking o- i WealwSParking . . Convenience NICKSParkl><9 CME offices Above Store ✓0M. L^ o; Air Park - sag b • � a1wPtcuaBtParkleg4 — _ Quick _ CME Maintenance Car 2 qpq�) t " g:.f. Fuel Dispensers _ - ' And Canopy Labe and Detail Bays Wash I . � 1 CMEYan Parting CME Employee Parking f1 Ne Parking 1 Na Parking No Parking -/ t80 -d EO'd Eld -1 ZE056680l6 SSUM NIvaw OOwoo -ma j 16:51 10- 61 -he1N 0 rel 4J .H rQ x w 0 +1 . x w