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HomeMy WebLinkAboutC23-044 Vero Broadband_Easement AgreementDocuSign Envelope ID: 08A5ADA6-CF82-4D78-87FD-4C187E5703E9 Eagle County, CO 202301691 Regina O'Brien 02/09/2023 Pgs: 7 02:49:12 PM REC: $0.00 DOC: $0.00 EASEMENT AGREEMENT FOR VERO BROADBAND THIS EASEMENT AGREEMENT (hereinafter "Easement Agreement") is made and entered into on 1/31/2023 by and between Vero Broadband, LLC, with its principal offices at 1023 Walnut Street, Boulder, CO 80302 (hereinafter "Vero"), and Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners, with an address 500 Broadway, Eagle, Colorado 81631 (hereinafter "Eagle County"). WITNESSETH: WHEREAS, Eagle County owns a parcel within the Starr Placer, USMS No. 233, situate Sections 25 and 26, Township 9 South, Range 80 West, 6th P.M., City of Leadville, County of Lake, State of Colorado, known locally as 205 S. Highway 24, Leadville, Colorado 80461, Lake County parcel number 2633-261-00-100 (hereinafter "Subject Property"); and WHEREAS, Vero desires to install a broadband service line (hereinafter "Fiber Facilities") through the property to Highway 24 on the Subject Property; and WHEREAS, Eagle County is willing to grant Vero a non-exclusive, perpetual easement for the purpose of installation, construction, and maintenance of the Fiber Facilities on the Subject Property pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: EASEMENT GRANT: Eagle County hereby grants and conveys to Vero Broadband, LLC, its successors and assigns, subject to the terms stated herein, a non-exclusive, perpetual easement (hereinafter the "Easement") for the purpose of excavating for, constructing, installing, maintaining, inspecting, repairing, or replacing the Fiber Facilities, which Easement and Fiber Facilities shall be no more than ten feet (10') in width, over, on, and across the easterly portion of the Subject Property at the locations shown on the Utility Easement Plan on Exhibit A attached hereto and incorporated herein by this reference (hereinafter, the "Easement Location"). This Easement Agreement is non-exclusive and Eagle County reserves the right to use for itself and to grant to others rights over, under, across or through the Easement Location, provided that they do not damage or unreasonably interfere with the Fiber Facilities. Notwithstanding the foregoing, Eagle County reserves the right to place along, across, under, over, and through the Easement Location as many electric lines, power lines, waterlines, sewer lines, gas lines, telephone lines, or other utilities as Eagle County may deem necessary, as well as landscape improvements such as plant materials, grasses, trees, entry features, street-scape, or hard-scape. The placement of the Fiber Facilities onto the Subject Property shall not constitute any relinquishment of Eagle County's property rights whether through claims of adverse possession or Leadville Bus Barn Easement Agreement -Vero Broadband DocuSign Envelope ID: 08A5ADA8-CF82-41)78-87FD4C187r=5703E9 any other means. If, as a result of such Fiber Facilities, or if for any reason and in Eagle County's sole discretion, it is determined that the Fiber Facilities need to be removed or relocated, then Vero shall remove or relocate, or may cause a third -party, to remove or relocate, the Fiber Facilities to the satisfaction of and without expense to Eagle County. Such removal or relocation of the Fiber Facilities shall occur within six (6) months of notice given by Eagle County. Vero acknowledges that it has the sole responsibility to independently remove and relocate the Fiber Facilities or cause a third party to accomplish the same and Eagle County shall have no responsibility therefore. In exchange for the easement provided by Eagle County, Vero agrees to make a one-time payment of $5,000.00 to Eagle County. CONSTRUCTION AND MAINTENANCE OF FIBER FACILITIES: Construction of the Fiber Facilities shall occur within the parameters established for the Easement and in the Easement Location set forth above. Notwithstanding anything to the contrary herein, Vero will, at its sole expense, provide all maintenance necessary to repair any damage to and shall at all times maintain all aspects of the Fiber Facilities in a safe and serviceable condition. Eagle County shall have no obligations related to the construction or on -going maintenance or removal of the Fiber Facilities, financial or otherwise. Vero shall give notice to the County 48 hours before performing work on the Fiber Facilities. All storage of equipment and materials shall be confined to the Easement Location. Vero will be responsible for repair of any damages to the Subject Property outside of the Easement Location resulting from construction and maintenance of the Fiber Facilities. Vero is responsible for obtaining all utility locates prior to starting the work. Upon completion of construction of the Fiber Facilities, Vero shall deliver to the Eagle County Facilities Department one (1) set of as -built plans along with one (1) electronic copy (pdf). ENFORCEMENT REMEDIES: The parties agree that the rights and obligations set forth in this Easement 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 Easement Agreement, the parties commit themselves to perform pursuant to the terms and conditions contained herein. MISCELLANEOUS: This Easement 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 Easement Agreement shall be in Eagle County, Colorado. This Easement Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Nothing herein Leadviile Bus Barn Easement Agreement -Vero Broadband DocuSign Envelope ID: 08A5ADA8-CF82-4D78-87FD4C187F5703E9 expressed or implied is intended or should be construed to confer or give to any person or entity other than the parties 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 Easement 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 Easement Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Easement Agreement. This Easement Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized, executed, and recorded by the parties. This Easement Agreement represents the full and complete understanding of the parties and supersedes any prior agreements, discussions, negotiations, representations, or understandings of the parties 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. The Easement Agreement 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. Each party shall insure themselves separately against liability, loss, and damages arising out of the Permanent Easement. Eagle County, including its elected officials, officers, agents, and employees is relying upon and does not waive or abrogate, or intend to waive or abrogate by any provision of this Easement Agreement, the monetary limitations or any other rights, immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S Section 24-10-101, et. seq., as amended. All financial obligations under and pursuant to this Easement Agreement are subject to prior appropriations of monies expressly made by the respective parties for the purposes of this Easement Agreement. No elected official, director, officer, agent or employee of either party shall be charged personally or held contractually liable by or to the other party under any term or provision of this Easement Agreement or because of any breach thereof or because of its or their execution and approval of this Easement Agreement. Nothing contained in this Easement Agreement will constitute or be construed as a dedication of any portion of the Property or the Easement Area to the public or give any member of the public any rights whatsoever; it being the express intention of the Parties that this Agreement is for the exclusive benefit of Grantor and Grantee and their respective successors and assigns. Leadville Bus Barn Easement Agreement -Vero Broadband DocuSign Envelope ID: 08A5ADA6-CF82-4D78-87FD-4C187E5703E9 This Easement Agreement may be signed in two counterparts, both of which will be fully effective as an original and all of which together will constitute one and the same instrument. [Rest of page intentionally left blank] 4 Leadville Bus Barn Easement Agreement -Vero Broadband DocuSign Envelope ID: 08A5ADA6-CF82-4D7M7FD4CI87E5703E9 IN WITNESS WHEREOF, THE TOWN, and EAGLE COUNTY have executed this Easement Agreement this 31 st day of January, 2023. Attest: Docu fined by: By: Regina g€ ,'Mrk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Ducuftned by By. PPr fir -Henry, Chair VERO BROADBAND, LLC DocuSlgned by: By: t o 6S6n.u. C75399473488481 Print Name: suni to Krishna Title: coo Leadville Bus Barn Easement Agreement -Vero Broadband DocuSign Envelope ID: O8A5ADA6-CF82-4D78-87FD-4C187E5703E9 Exhibit A Easement Utility Plan Leadville Bus Bam Easement Agreement -Vero Broadband ,Lza-iRL—OG6 OOVtM0-100 '3-1lVAOV3-1 OLO.B 0124efoloO 'NOnv Z 9¢L X08 'O d 311 ONIN33NION3 NI02dV W In a31,13Hs Sn8 3-1-IIHOV3-1 lISNV" A1Nn00 31OW3 NV1d A11lLLn �a4tl0�]I 0® Lea• w 1 ` , �� 11 Sll , s ]IRS I V r��98 i I i 1 J � 9 Ox O�Ou AlWgO W W U