The URL can be used to link to this page

Home My WebLink AboutC23-273 Temporary Easement_Agvestti DocuSign Envelope ID: E599A3A9-A9C0-43F2-8930-DE4812E6FE95 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter "Easement Agreement"), is made and entered into this, '8/22/2023 , (the "Effective Date") by and between Agvest, LLC (hereinafter "Agvest") and Eagle County, Colorado, a political subdivision of the state of Colorado by and through its Board of County Commissioners (hereinafter "Eagle County"). WITNESSETH: WHEREAS, Agvest is the owner of the real property more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Eagle County is reconstructing the Daggett Lane Bridge over Gypsum Creek on Daggett Lane (the "Project"); and WHEREAS, the Project will require construction of bridge structure improvements on the Property as further described by the Project plans, attached hereto as Exhibit B and incorporated herein by this reference (the "Improvements"); and WHEREAS, Agvest has agreed to grant Eagle County a temporary easement over, under, across, and upon a portion of the Property as described and depicted in Exhibit B for purposes of constructing the Project. NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, Agvest and Eagle County agree as follows: 1. Easement Grant. Agvest hereby grants and conveys to Eagle County, its successors and assigns, a non-exclusive, temporary easement for the purpose of excavating for, constructing, installing, changing, maintaining, inspecting, repairing, or replacing the Improvements over, under, across, and through portions of the Property described by the legal description attached hereto as Exhibit A and at the locations shown on the Project right-of-way plans attached hereto as Exhibit B (collectively the "Temporary Construction Easement"). The Temporary Construction Easement may be used for access, staging, parking, storage of construction materials, and the grading and construction of the Project by Eagle County, its contractors, subcontractors, employees, or agents. The Temporary Construction Easement area may be fenced and enclosed as part of the construction site while construction is occurring on the Project. 2. Restoration. Eagle County shall be responsible for promptly restoring all areas disturbed within the Temporary Construction Easement, if any, to the condition that existed prior DocuSign Envelope ID: E599A3A9-A9C0.43F2-8930-DE4812E6FE95 to such disturbance by the termination or expiration of this Agreement as set forth herein, whichever occurs first. Eagle County shall be responsible for promptly removing any construction fencing upon the completion of construction of the Project or termination or expiration of this Agreement as set forth herein, whichever occurs first. 3. Term. The Temporary Construction Easement shall be effective upon the date of entry by Eagle County, its contractors, subcontractors, employees or agents, onto the Property for commencement of construction of the Project. The Temporary Construction Easement shall remain in effect during construction of the Project and shall automatically terminate 30 days after the conclusion of construction. In. any event, the Temporary Construction Easement shall automatically terminate no later than December 31, 2023. 4. Insurance. Eagle County shall maintain commercial general liability insurance ("CGL") for itself and its employees and agents and shall cause its contractors and subcontractors to maintain commercial general liability insurance for the use and occupancy of the Temporary Construction Easement. Eagle County's CGL policy shall provide for insurance coverage consistent with the limits of liability under the Colorado Governmental Immunity Act. Agvest shall be named an additional insured under said insurance policies. Nothing herein shall be construed as a waiver by Eagle County of the limitations on liability which are provided to it under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. 5. Notice. Whenever it is desirable or necessary for either party to serve notice or demand upon the other, such notice, demand or communication shall be given by personal service or certified mail, return receipt requested with first class postage prepaid thereon, and unless sooner received shall be deemed to have been received three (3) days after the date of certification. The addresses of the parties hereto are as follows: Notice to the Agvest, LLC: Agvest, LLC P.O. Box 1010 Gypsum, CO 81637-1010 Notice to County: Ben Gerdes Eagle County Engineer 500 Broadway Post Office Box 850 Eagle, Colorado 81631 DocuSign Envelope ID: E599A3A9-A9C0-43F2-8930-DE4812E6FE95 And a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 6. Governing Law and Venue. It is the intention of the Parties hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the Parties hereunder shall be determined in accordance with the laws of the State of Colorado, and venue of any court action relating hereto between the parties shall lie in the Eagle County, Colorado. 7. Modifications. The parties agree that any modifications of this Temporary Construction Easement Agreement shall be effective only when made in writing signed by both parties and recorded with the Clerk and Recorder of Eagle County, Colorado. 8. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law; provided, however, if any provision of this Agreement shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement. 9. Recording. Upon execution by the parties, this Agreement shall be recorded in the records of the Eagle County Clerk and Recorder's Office. 10. Annual Appropriations. All financial obligations of Eagle County set forth in this Agreement are subject to annual appropriation pursuant to C.R.S. § 29-1-110, as amended. 11. No Third -Party Rights. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or a breach thereof. 12. Successor and Assigns. This Temporary Construction Easement Agreement and all rights and obligations created hereby shall be binding upon and inure to the benefit of Agvest and Eagle County and their respective successors and assigns. 13. Entire Agreement. This Temporary Construction Easement Agreement represents the full and complete understanding of Agvest and Eagle County and supersedes any prior DocuSign Envelope ID: E599A3A9-A9C0-43F2-8930-DE4812E6FE95 agreements, discussions, negotiations, representations, or understandings of Agvest and Eagle County with respect to the subject matter contained herein. 14. Agvest Covenant. Agvest represents that is has record title to the Property. The Temporary Construction Easement is granted subject to prior recorded grants of easement. 15. Mechanics' Lien. Eagle County shall not permit or suffer any mechanics' or other liens to attach to Agvest's property or any portion thereof or interest therein by reason of any exercise of the rights granted herein. In the event a claim for any such lien is recorded by, through, or under Eagle County's permittees, Eagle County at its sole expense shall obtain the removal of such claims and its release of records within 30 days after it is initially recorded. If such release is not timely secured, then at any time thereafter Agvest, at its election and without an obligation to do so, may secure the release of the lien claim by any means available, including bonding, settlement or otherwise, in which case Eagle County shall, within 10 days after demand, and subject to Section 10 above, reimburse Agvest for Agvest's costs and expenses incurred in securing the lien release, including all settlement amounts and attorney's fees. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: E599A3A9-A9CO-43F2-8930-DE4812E6FE95 DocuSign Envelope ID: E599A3A9-A9CO-43F2-8930-DE4812E6FE95 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first above written. Ce7:"4 `1I07� a Colorado limited liability ACKNOWLEDGEMENT STATE OF COLORADO ) )SS County of UAIL ) The foregoing instrument was acknowledged before me this.2'g day of 2by Colorado Invited liability company. as My commission expires: _Q& / 3 . 20.2 L Agvest, LLC, a Sarah O Haver NOTARY PUBUC STATE OF COLORADO NOTARY ID 20224014874 MY COMMISSION EXPIRES APRIL 13, 2026 Notary Public DocuSign Envelope ID: E599A3A9-A9C0-43F2-8930-DE4812E6FE95 GRANTEE: EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COUNTY COMMISSIONERS DocuSignetl by: By: Kathy C candler -Henry, Chair ATTEST: �� DocuSignetl by: Ktl�lVA 0-tvim, F900BBPfPC9B9BMB... Regina O'Brien, Clerk of the Board DocuSign Envelope ID: E599A3A9-A9C0-43F2-8930-DE4812E6FE95 EXHIBIT A DAGGETT LANE BRIDGE TEMPORARY CONSTRUCTION EASEMENT Section 19, Township 5, South, Range 85 West, Tract 94 A Temporary Bridge Construction Easement description located in a part of Tract 94, Township 5 South, Range 85 West, Eagle County, State of Colorado. For: Eagle County Road and Bridge Department. LEGAL DESCRIPTION That part of Tract 94, located in TSS, R85W of the 6th P.M., according to the deposited Land Survey Plat in Book 1, Page 315 deposited on December 22, 1997, County of Eagle, State of Colorado, described as follows; COMMENCING at Corner 2, Tract 94, from which Corner 3, Tract 94, bears South 00 degrees 14 minutes 38 seconds East, 1294.63 feet (Basis of Bearing as shown), Thence Southeasterly to the physical center of an existing Bridge over Gypsum Creek located on Daggett Lane, County Road S-10 as shown in said Book 1, Page 315; thence leaving said physical center of an existing Bridge in a Southeasterly direction 85.00 feet along the centerline of said Bridge to the POINT OF BEGINNING; Thence Northeasterly along the east line of said Temporary Construction Easement, 47.50 feet. to the northeasterly corner of a Temporary Construction Easement; Thence Northwesterly along the north line of said Temporary Construction Easement, 170.00 feet to the northwesterly corner of a Temporary Construction Easement; Thence Southwesterly along the west line of said Temporary Construction Easement, 95.00 feet to the Southwesterly corner of a Temporary Construction Easement; Thence Southeasterly along the south line of said Temporary Construction Easement, 170.00 feet to the southeasterly corner of a Temporary Construction Easement; Thence Northeasterly along the east line of said Temporary Construction Easement, 47.50 feet to the point of beginning. All directions are directly related to the existing bridge located on Daggett Lane, County Road S-10 that is currently in place over Gypsum Creek. All directions are parallel and perpendicular to said existing bridge which controls the alignment of this easement. J SgnE vNape ID: E599A]A9-ASCO43F2-993 DE4812E6FE95 EXHIBIT B TENPoN/JtY C011sTRUC110N EASFAIFNr I I 2D.0'T 1 NEW REiNNINC WALLS 1 — — PERMANENT EASEMENT I 75.5' O.0' 1 I NEW STEEL NOOULAfl I I VEHICULAR BRIDGE I 1 / 1 I I I I 1 �I II I I I it ii ' 95.0' °x uexr fl-A E PA 55.0' I xcw ce 1 fnrnxc c N.ul`^ r I �LYfHr ro veunlu r A'2YfXl I 0 A AN eE II ii I 1 ii li 1 I I 1 I I II � I I � 1 \ ----------=-- J I 3S.0' 5.5' --__ 5.0' PERMANENT EASEMENT 5.0' 70.0' I 1 20.0'I 1 I 1 I L----- --------------------------------------J F50.0'.0' _ EEMPORMY ppN5n2UCTQN EASEMENT 50.0' nD.D' PMI Dole: Wits Sheet Revisions Eagle County As Constructed Doggett Lane Bridge Project No./Coda GOMpFie.Wwre; D]pjplLLOf4 &JiRf pole Commenli Irvlltls $DO BfOadWay NO Revwm: LD Right at Way Plan Xglz. Xde: Nr5 von. Stole: NTs I/9I33 L1a+mgF Z RED vnnnlamulww Utll femer lrean Eagle, CO 816311 Re.,,ea: poyyrier RED smiclve P: 970-328-3560 pela/fr Nxmom. Acall�® �+ F: 970-87" LReou vom: snem lumen s ,MmW 9Ueel NUmea 09