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HomeMy WebLinkAboutC24-390 Eagle Valley Transportation Authority & Dot MHP LLC_assignment assumption and consent Dotsero bus stop1 ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT REGARDING THE EASEMENT FOR A BUS STOP AND IMPROVEMENTS AT THE DOTSERO MOBILE HOME PARK THIS ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT (“Assignment Agreement”) made by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (“County”), the Eagle Valley Transportation Authority, a body corporate and politic (“EVTA”), and Dot MHP, LLC (“Owner”), each of which may be referred to herein individually as a “Party” or collectively as the “Parties.” The effective date of this Assignment Agreement is August 4, 2024. RECITALS WHEREAS, the Eagle County Regional Transit Authority is a department of the County that has historically provided public transportation services funded by voter-authorized Eagle County 0.5% Transportation Sales Tax; and WHEREAS, pursuant to an Easement Agreement dated February 13, 2018, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference (the “Easement Agreement”), the County built certain bus stop improvements on Owner’s property (the “Bus Stop”) and has the right to enter and access the Easement Area via pedestrian or vehicular means for mass transportation purposes, including maintenance, management and perpetual use of the Bus Stop and related improvements, including the placement of shelter improvements, signs, installation of transit related amenities such as trash cans, bus schedule holders, benches, and bike racks. WHEREAS, in November 2022, the EVTA was established pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes by approval of voters in Eagle County, the towns of Avon, Eagle, Minturn, Red Cliff and Vail, and Beaver Creek Metro District, and in accordance with the Eagle Valley Transportation Authority Intergovernmental Agreement dated September 1, 2022 (the “EVTA IGA”) for the purpose of financing, constructing, operating, improving and maintaining a regional transportation system in the Eagle River Valley of Eagle County, Colorado; and WHEREAS, pursuant to the EVTA IGA, the County and EVTA agree that the EVTA will assume all responsibility for existing transit services as historically provided by ECO Transit in accordance with a framework established by the EVTA IGA Transition Plan (the “Transition Plan”); and WHEREAS, the Transition Plan includes the transfer of equipment and operations from the County to EVTA, and aims to ensure continuity of service for Eagle County residents and visitors; and WHEREAS, the County wishes to assign, and EVTA wishes to assume, the County’s rights and obligations under the Easement Agreement, which requires the written consent of the Owner; and Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 2 NOW, THEREFORE, in consideration of the promises, covenants and conditions contained herein, the Parties agree as follows: 1. Consent to Assignment. The Owner hereby agrees and consents to the County’s transfer and assignment of all of the County’s rights and obligations under the Easement Agreement to EVTA. 2. Assignment and Assumption. The County hereby transfers and assigns to EVTA all of its rights and obligations under the Easement Agreement, and EVTA accepts such assignment and agrees that it shall hereinafter perform its obligations and duties under and subject to the terms of the Easement Agreement. The Parties agree that upon the effective date of this Assignment Agreement, the County shall have no further obligation or liability under the terms of the Easement Agreement. 3. Entire Agreement. This Assignment 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. 4. Counterparts, Electronic Signatures and Electronic Records. This Assignment Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. // signature page to follow // Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 3 IN WITNESS WHEREOF, the Parties hereto have executed this Assignment Agreement on the date and year written below. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ________________________ Matt Scherr, Chair Attest: By: _____________________________ Regina O’Brien, Clerk to the Board Date: EAGLE VALLEY TRANSPORTATION AUTHORITY By: ________________________ Amy Phillips, Chair Attest: By: _____________________________ Tanya Allen, Secretary Date: OWNER By: ________________________ Daniel Weisfield Date: _____________________ Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 7/17/2024 7/23/2024 ___________________ EVTA Board Approved Tanya Allen, Executive Director, to sign this agreement. Eagle County, CO 201802453 Regina O'Brien 02/15/2018 Pgs: 10 09:34: 09 AM REC: $0.00 DOC: $0.00 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Easement Agreement") is made as of 02/13/2018 , ("Effective Date"), between Dotsero MHP LLC ("Grantor"), whose address is PO Box 4556, Basalt, CO 81621 and County of Eagle, State of Colorado, whose address is P.O. Box 850, Eagle, CO 81631 ("Grantee") (individually a "Party," or collectively the "Parties"). WHEREAS, Grantor is the owner of that certain real property commonly known as the Dotsero Mobile Horne Park depicted and described in Exhibit A, attached hereto and incorporated herein by this reference ("Property"); WHEREAS, Grantee is the operator of a regional public transportation system known as ECO Transit, which provides public transportation to citizens of and visitors to Eagle County, including residents at the Property; and WHEREAS, Grantee and Grantor have determined that the construction of a new bus shelter (the "Bus Shelter Improvements") shall serve the citizens of Eagle County, as well as the residents within the Mobile Home Park at the Property; and WHEREAS, the Grantor desires, on the terms set forth herein, to provide- a non- exclusive, perpetual, irrevocable easement on the Property for removal of the existing concrete pad and shelter, construction of the Bus Shelter Improvements and for continued access to the Bus Shelter Improvements for the benefit, use and enjoyment of the public. NOW THEREFORE, in consideration of the foregoing premises and the following promises, the Parties hereby agree as follows: 1. Grant of Easement: Grantor, for good and valuable consideration in the amount of ten dollars ($10), the sufficiency of which is hereby confessed and acknowledged, hereby grants to Grantee its contractors, subcontractors, employees and agents, and for the benefit of the people of Eagle County, a perpetual, non-exclusive easement over, under, upon and across the Property in the locations depicted on Exhibit B and legally described in Exhibit C (the "Easement Area") for the construction, maintenance, repair, replacement and perpetual use of the Bus Shelter Improvements. The Bus Shelter Improvements shall mean and include any or all of the following construction items: excavation, asphalt, fencing, signs, solar -powered lighting, concrete pads, prefabricated shelter improvements and revegetation if necessary. The Easement Area may be temporarily fenced and enclosed as part of the construction project. The easement granted herein includes reasonable access to and from the Bus Shelter Improvements for the purposes set forth herein. 2. Ownership and Maintenance: a. Grantee shall be the owner of the Bus Stop Improvements and shall construct, maintain, repair and replace the Bus Shelter Improvements in a manner and by means in accordance with its exclusive judgment, at its own expense. To the extent practical, Grantee C18-037 EXHIBIT A Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 shall alert Grantor to the fact- that maintenance work is occurring. Maintenance may include the staining, painting, repairing the shelter, and re -grading the access drive. Grantee agrees to use its reasonable efforts to not unreasonably interfere with the use and enjoyment of the Property. b. Grantee shall be responsible for any risk of loss occurring to material or property it stores or locates on the Property during the term of this Agreement. Grantee shall be responsible for proper supervision of its contractors during construction and shall restore the Easement Area surrounding the Bus Shelter Improvements to the condition existing prior to disturbance associated with construction of the Bus Shelter Improvements. for vehicular and public access to the Bus Shelter Improvements. C. Grantor shall be responsible for all upkeep and maintenance of the areas immediately surrounding the Bus Shelter Improvements, including, but not limited to trash cleanup and snow removal. In the event the Bus Stop Improvements are damaged or destroyed by Grantor, its employees, agents or contractors, then Grantor shall be responsible for repair and restoration of the Bus Stop Improvements to the condition prior to such destruction or damage. 4. Rights of Grantee: a. Grantee may enter the Easement Area at any time. As more fully set forth in Paragraph 2, Grantee may access the Bus Stop via pedestrian or vehicular means for purposes of maintenance, management and use of the Bus Stop. b. Grantee may install signs within the Easement Area to mark the bus shelter as an ECO Transit Stop and to install transit related amenities such as trash cans, bus schedule holders, benches, and bike racks, the size, number and location of which shall be subject to Grantor's prior reasonable approval. 5. Rights of Grantor: Grantor shall have the rights accorded to the general public to use the Easement and Grantor reserves all rights of ownership and use not inconsistent with the rights herein granted. Notwithstanding the foregoing, Grantor shall not place, construct or maintain any structure or improvements on, over or above the surface of the Easement Area that would unreasonably obstruct access to or unreasonably impede or interfere with the uses authorized herein. F. Governmental Immunity. Grantee shall have all protections available to it under Colorado law and Grantee does not waive or intend to waive the limitations on liability which are provided to it under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. 7. Notice. All notices or other communications made pursuant hereto shall be in writing and shall be deemed properly delivered, given or served (i) when personally delivered, or (ii) two (2) calendar days after being deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below their signatures, or (iv) when sent via facsimile so long as the sending party can provide a facsimile machine or other confirmation showing the date, time, and receiving facsimile number for the transmission. 2 Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 Either party may change its address for the purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. GRANTEE: Eagle County, Colorado 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8605 Facsimile: 970-328-8629 And a copy to: Eagle County Attorney 500 Broadway PO Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 GRANTOR: Dotsero MHP LLC Attention: Jim Condit PO Box 4556 Basalt, CO 81621 Telephone: 970-618-0352 8. Governing Law. It is the intention of the Parties hereto that all questions with respect to the construction and interpretation of this Easement Agreement and the rights and liabilities of the Parties hereunder shall be determined in accordance with the laws of the State of Colorado. Venue shall be in the District Court of Eagle County, Colorado. 9. Annual Appropriations. Any financial obligations of Grantee set forth in this Easement Agreement are subject to annual appropriation pursuant to C.R.S. § 29-1-110, as amended. 10. Entire Agreement. This Easement Agreement sets forth the entire agreement of the Parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. 11. Captions. The captions in this Easement Agreement have been inserted solely for convenience of reference and are not a part of this Easement and shall have no effect upon construction or interpretation. 12. Assignment and Successors. Neither Grantor nor Grantee may assign any of its rights and obligations under this Easement Agreement to any other person or entity without the prior written permission of the other. This Easement Agreement shall be binding upon and inure to 3 Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 the benefit of the Parties and their respective successors and assigns and shall constitute a covenant running with title to the Property. 13. Modifications. The Parties agree that any modifications of this 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. 14. Severability. Whenever possible, each provision of this Easement Agreement shall be interpreted in such a manner as to be valid under applicable law; provided, however, if any provision of this Easement 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 Easement Agreement. 15. Recording. This Easement Agreement shall be recorded in the records of Eagle County Clerk and Recorder's Office. 16. Warranty of Title. Grantor represents that it is the record owner of the Property upon which the Easement Area is located and that it has full power and authority to execute this Easement Agreement. This Easement is granted subject to prior, recorded grants of easements. After the date hereof, Grantor shall not make or authorize any use of the Easement which is inconsistent with or interferes with the uses authorized herein. 17. 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. 18. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed a duplicate original. 11 Remainder of Page Intentionally Left Blank 11 4 Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: Tid.. ! STATE OF COLORADO ) HADBEHNKE ss. Notary Public - State of Colorado Notary ID 20044D 10117 COUNTY OF EAGLE ) MyCor un(ssion xp3resJun 13, 2Q24 The foregoing instrum t was acknowledged before me this day of tl rmrc.,r-- of Witness my hand and official seal. My commission expires: GRANTEE EAGLE COUNTY, STATE OF COLORADO By and ugh its Board of_County Commissioners Kathy Chandler-i4enry, Chair Attest: By Regina O'Brien, Clerk to the Board 5 Notary Public Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 EXHIBIT A LEGAL DESCRIPTION OF DOTSERO MHP PROPERTY Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 GRAPHIC DEPICTION OF EASEMENT Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 SCALE SCALE: 1"=40 - DRAWN: 40' DRAWN: 10-11-2017 EXHIBIT MAP MALPAIS MOBILE HOME PARK BOOK 1, PAGE 213 LAND SURVEY PLATS 20.19 EXSITING SHELTER POB'' ' LN3 CORNER NO. 1 TRACT 55 FOUND 2.5" BRASS CAP, MARKED GOVERMENT LAND OFFICE ON A 1" IRON PIPE 08"W Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 l0.4gal 10.1y LEGAL DESCRIPTION OF EASEMENT Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138 EXHIBIT "C" A description of a bus shelter easement located in part of the BLM Vesuvius Placer, Section 4, TSS, R86W of the 6th P.M., Eagle County, State of Colorado, described as follows: For: Eco Transit. LEGAL DESCRIPTION A bus shelter easement located in part of MALPAIS MOBILE HOME PARD, as shown in Book 1, Page 213 of the Eagle County Land Survey Plat records described as follows: COMMENCING Southwest Corner of said Malpais Mobile Home Park in said Section 4, from which the South Line of said Malpais Mobile Home Park bears, South 75 degrees 02 minutes 30 seconds East, 902.21 feet (Basis of Bearing), thence South 75 degrees 02 minutes 30 seconds East, 475.04 feet along said South Line as shown in Book 1, Page 213; thence North 13 degrees 31 minutes 09 seconds East, 77.92 feet to the TRUE POINT OF BEGINNING; Thence North 50 degrees 48 minutes 08 seconds East, 20.19 feet; Thence South 39 degrees 11 minutes 52 seconds East, 23.00 feet; Thence South 50 degrees 48 minutes 08 seconds West, 20.19 feet; Thence North 39 degrees 11 minutes 52 seconds West, 23.00 feet to the TRUE POINT OF BEGINNING; Area = 464.37 square feet, more or less. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 01%111 1` l / Kelly L. Colorado 1!499 -ti c{r do ' a Surveyor W,79 500 Broadu a,.IEagle, CO 8,1'68 0850 Date:rrfffIf,A • t . rttn ttttntti c° File:Dotsero Bus Shelter. DOC Project: 2017 DBS Docusign Envelope ID: BC1D3A45-595A-4B46-9B20-56F05FF8C138