HomeMy WebLinkAboutC07-173 ERWSD_temp easementTEMPORARY EASEMENT AGREEMENT
THIS AGREEMENT (hereinafter "Agreement") is made and entered into this 29th day of May,
2007 by and between Eagle County, Colorado, a body corporate and politic, by and through its
Board of County Commissioners(hereinafter "Eagle County") and the Eagle River Water and
Sanitation District, a quasi -municipal corporation and political subdivision of the State of
Colorado (hereinafter "District")
WITNESSETH:
WHEREAS, Eagle County is the owner of the Berry Creek Fifth filing property, more
commonly known as Freedom Park in Edwards, Colorado (hereinafter "Subject Property")
WHEREAS, District is desirous of constructing two wells on the Subject Property in locations
yet to be determined. As part of this proposed construction, District desires to drill test holes to
determine the best locations for the same.
WHEREAS, Eagle County is willing to allow the temporary test drilling pursuant to the terms
and conditions of this Agreement.
NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency
of which is hereby acknowledged, Eagle County and District agree as follows:
TEMPROARY EASEMENT GRANT:
For the consideration set forth herein, the sufficiency of which is hereby acknowledged, Eagle
County hereby grants and conveys to District, a temporary easement for the purposes of drilling
and testing for future well sites within the Subject Property at the locations identified as TH-1,
TH-2, and TH-4 on the Exhibit "A" attached hereto and incorporated herein by this reference
(hereinafter "Temporary Easement"). Said Temporary Easement shall also include reasonable
ingress and egress to such sites and areas necessary for the use and storage of testing equipment.
Said Temporary Easement shall not include TH-3.
Upon completion of testing or termination of this temporary easement, District agrees to restore
the easement to its original condition. The District agrees to re -grade and re -vegetate the
disturbed area within the easement.
The Temporary Easement granted in this agreement shall be possessed and enjoyed by District
so long as the drilling and testing is taking place, but in no event, shall extend beyond thirty (30)
days of its execution unless agreed to by Eagle County and the District in writing. In the event
that District ceases to use the Temporary Easement in accordance with the terms and conditions
of this Agreement or otherwise fails to comply with any and all of the terms and conditions of
this Agreement, this Agreement and Temporary Easement may be immediately terminated upon
notice by Eagle County.
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Notwithstanding the foregoing paragraph, Eagle County, in its sole discretion, reserves the right
to terminate this Agreement and the Temporary Easement. Furthermore, Eagle County reserves
the right to use and enjoy the premises to the fullest possible extent without unreasonable
interference with the exercise by District of the rights granted in this Agreement.
District shall make every reasonable effort to ensure the testing and drilling has the least amount
of impact on the public's use of Freedom Park.
The Temporary Easement shall not constitute any relinquishment of the County's property rights
whether through claims of adverse possession or any other means.
INDEMNIFICATION:
The District shall, to the fullest extent permitted by law, indemnify and hold harmless Eagle
County and any of its officers, agents and employees against any losses, claims, damages or
liabilities for which Eagle County or any of its officers, agents, or employees may become
subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or
indirectly, this Agreement and the Temporary Easement, or are based upon any actions,
performance or nonperformance by District hereunder; and District shall reimburse Eagle
County for any and all legal and other expenses incurred by Eagle County in connection with
investigating or defending any such loss, claim, damage, liability or action.
ENFORCEMENT REMEDIES:
The District's obligations for restoration, repair, and indemnification shall survive termination of
this Agreement and the Temporary Easement.
Eagle County and District agree that this Agreement may be enforced for specific performance,
injunctive, or other appropriate relief, including damages, as may be available according to the
laws and statutes of the State of Colorado. It is specifically understood that by executing this
Agreement both Eagle County and the District commit themselves to perform pursuant to these
terms contained herein. In the event that an action is brought to enforce this Agreement, the
prevailing party shall be responsible for the recovery if its costs and fees, including reasonable
attorney's fees.
MISCELLANEOUS:
This Agreement shall be governed and construed in accordance with the laws of Colorado.
Venue for any action arising out of any dispute pertaining to this Agreement shall be in Eagle,
Colorado.
This Agreement and the rights and obligations created hereby shall be binding upon and inure to
the benefit of Eagle County and District and their respective successors and assigns. Nothing
herein expressed or implied is intended or should be construed to confer or give to any person or
entity other than Eagle County or District and their respective successors and assigns, any right,
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remedy or claim under or by reason hereof of by reason of any covenant or condition herein
contained.
If any portion of this Agreement is held invalid or unenforceable for any reason by a court of
competent jurisdiction, such portion shall be deemed severable and its invalidity or its
unenforceability shall not affect the remaining provisions; such remaining provision shall be
fully severable and this Agreement shall be construed and enforced as if such invalid provision
had never been inserted into this Agreement.
This Agreement may be amended, modified, changed, or terminated in whole or in part only by
written agreement duly authorized and executed by both Eagle County and District. This
Agreement represents the full and complete understanding of Eagle County and District and
supersedes any prior agreements, discussions, negotiations, representations or understandings of
Eagle County and District with respect to the subject matter contained 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 Temporary Easement is granted subject to prior grants of easements and other ownership
interests of record. Eagle County makes no warranties as to the title of the easement conveyed.
IN WITNESS WHEREOF, EAGLE COUNTY and DISTRICT have executed this Temporary
Easement Agreement this 29th day of May, 2007.
ATTEST:
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BY:�
Clerk to the Board of County
Commissioners
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COUNTY OF EAGLE, STATE
OF COLORADO, by and
through its BOARD OF
COUN MMISSIONERS:
BY:
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Am M. Menconi, Chairman
DISTRICT:
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