HomeMy WebLinkAboutC12-006 Eagle Vail Metro District Encroachment Easement AgreementEAGLE COUNTY, CO 201200689TEAKJSIMONTON
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ENCROACHMENT EASEMENT AGREEMENT
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THIS AGREEMENT (hereinafter "Agreement ") is made and entered into this c2/ ""day of
ee. p,.,. 2011 by and between Eagle County, Colorado, by and through its Board of
County Commissioners (hereinafter "Eagle County ") and the Eagle -Vail Metropolitan District,
by and through its Board of Directors (hereinafter "Eagle - Vail ").
WITNESSETH:
WHEREAS, Eagle County owns the road and other rights -of -way along Eagle Road at the
intersections of Eagle Road and US Highway 6 in the NW 'A of Section 17, T 5 S, R 81 W of the
6 Principal Meridian in Eagle County (hereinafter "Subject Property") as shown on the attached
Exhibit "A ", attached hereto and incorporated herein by this reference; and
WHEREAS, Eagle -Vail wishes to remove existing landscaping and to install a new monument
and landscaping as defined by the final monument plan attached hereto as Exhibit `B" and
incorporated herein by this reference (the "Plans ") on the Subject Property; and
WHEREAS, Eagle -Vail is proposing to maintain all landscaping, irrigation, lighting, monument
signing and any other appurtenant elements (Landscaping Improvements); and
WHEREAS, Eagle County is willing to allow location of the Landscape Improvements on the
Subject Property pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and following promises,
Eagle County and Eagle -Vail agree as follows:
ENCROACHMENT EASEMENT GRANT:
Eagle County hereby grants and conveys to Eagle -Vail, its successors and assigns, a non-
exclusive easement for the purposes of 1) removal of existing Landscape Improvements within
the Subject Property; 2) construction of the Eagle -Vail Entry Monument within the Subject
Property as shown on the Plans; and 3) the ongoing maintenance and repair of all Landscape
Improvements located within the Subject Property.
The. Encroachment Easement granted in this agreement shall be possessed and enjoyed by Eagle -
Vail, its successors and assigns, so long as the Encroachment Easement shall be used by Eagle -
Vail in accordance with the terms and conditions of this Agreement. Notwithstanding the
foregoing paragraph, Eagle County, in its sole discretion, reserves the right to terminate this
Agreement and the Encroachment Easement and require Eagle -Vail to remove and/or relocate
the Landscape Improvements at Eagle- Vail's sole expense upon thirty (30) days written notice by
Eagle County, which right will not be capriciously exercised. Upon notice of termination
requiring removal or relocation, Eagle -Vail agrees to restore the easement to its original
condition, or as close thereto as possible.
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Even if this Encroachment Easement Agreement is not terminated, Eagle County, in its sole
discretion, may require Eagle -Vail to relocate or remove any portion of the Landscape
Improvements that Eagle County deems a maintenance or safety concern. If Eagle -Vail shall fail
to timely relocate or remove the Landscape Improvements and restore the Encroachment
Easement upon Eagle County's written request, Eagle County may do so at Eagle - Vail's
expense.
The Encroachment Easement granted by this agreement is non - exclusive and Eagle County
reserves the right to use for itself and to grant for others rights -of -way over, under, across or
through the Encroachment Easement herein granted, provided that they do not unreasonably
interfere with Eagle- Vail's easement herein. Eagle County reserves the right to use and enjoy the
premises to the fullest possible extent without unreasonable interference with the exercise by
Eagle -Vail of the rights granted in this agreement. Without limiting the foregoing, Eagle County
reserves the right to place along, across, under, over and through the Encroachment Easement as
many electric lines, power lines, waterlines, sewer lines, gas lines, telephone lines and other
utilities as Eagle County may desire subject only to the right of Eagle -Vail to use the same for
the purposes herein granted.
The encroachment of the Landscape Improvements into Eagle County's Road Right -of -Way shall
not constitute any relinquishment of Eagle County's property rights whether through claims of
adverse possession or any other means.
CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS:
All construction, including replacement or significant alterations, and maintenance of the
Landscape Improvements will be the sole responsibility and expense of Eagle -Vail.
Construction of the Eagle -Vail Entry Monument and any future improvements, including
replacement or significant alterations, shall be performed pursuant to site specific construction
plans, and no construction shall be commenced until such plans and specifications have been
approved in writing by Eagle County, such approval not to be unreasonably withheld or delayed.
Eagle -Vail agrees to be responsible for all ongoing repair and maintenance costs associated with
the Landscape Improvements and the Encroachment Easement. Whenever possible, Eagle -Vail
shall notify and coordinate with Eagle County prior to performing any significant repair or
maintenance so as to avoid disruption within Eagle County's Road Right -of -Way.
INDEMNIFICATION:
Eagle -Vail 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 Encroachment Easement, or are based upon any performance
or nonperformance by Eagle -Vail hereunder; and Eagle -Vail 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.
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ENFORCEMENT REMEDIES:
This Agreement shall be specifically enforceable by Eagle County against Eagle -Vail, its
successors and assigns.
Eagle- Vail's obligations for restoration, maintenance, repair, and indemnification shall survive
termination of this Agreement and the Encroachment Easement.
Eagle County and Eagle -Vail 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 Eagle -Vail 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 of 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
County, Colorado.
This Agreement and the rights and obligations created hereby shall be binding upon and inure to
the benefit of Eagle County and Eagle -Vail 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 Eagle -Vail and their respective successors and assigns, any
right, remedy or claim under or 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 provisions 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 Eagle -Vail. This
Agreement represents the full and complete understanding of Eagle County and Eagle -Vail and
supersedes any prior agreements, discussions, negotiations, representations or understandings of
Eagle County and Eagle -Vail 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.
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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 Encroachment 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 COUIY and EAGLE- VAII<, have executed this
Encroachment Easement Agreement this 2 / day of J ., Qr 2011.
ATTEST:,COUNTY OF EAGLE, STATE
OF COLORADO, by and
through its BOARD OF
4
7 ' COUNTY COMMIS a ONERS:
BY:BY 4111.1 k
Clerk to the Board o County Jo avney, Chairman
Commissioners
EAGL -VAIL METROPOLITAN
DISTRICT, by and through its BOARD
OF DIRECTORS:
BY:e. i 3 L1S Li j0
TITLE: CC,.tti;ivi 44A70.--461--
STATE OF raj. r
SS.
COUNTY OF ga /
The foregoing strument was acknowledged before me by 4 i y/ this vet day
of /1424.4,,,2011.J
My commission expires:aO 1
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Notary Public AnC M"J fA , //
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