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HomeMy WebLinkAboutREDTAIL RESIDENTIAL - FDP - 26-01A - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTS (5)IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Agreement as of the day and year first above written. LAGUNITAS FOSSIL CREEK INC., a Colorado corporation BY: Jon1Vj 1. Prouty, President LAGUNITAS REDTAIL, INC., a Colorado corporation BY: JonathkProut;, President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this agth day of ��i 2004, by Jonathan J. Prouty, President of LAGUNITAS FOSSIL CREEK INC., a Colorado corporation and LAGUNITAS REDTAIL, INC., a Colorado corporation. Witness my hand and official seal. My commission expires: Qq -1 R - 0-1 Pr 2. Within sixty (60) days after written notice from the Grantor to proceed with construction of the Lot Improvements, the Grantee shall commence and thereafter diligently pursue completion of the construction and installation of the Lot Improvements, the Grantee shall pay all costs and expenses incurred in the construction and installation of the Lot Improvements and shall indemnify and hold harmless the Grantor and Lot 10 from and against any and all loss, cost, or expense including attorney's fees incurred by the Grantor as a result of the failure of the Grantee to pay the costs and expenses incurred in the construction and installation of the Lot Improvements. In the event a mechanic's lien is filed against Lot 10 as a result of any work performed on Lot 10 by or at the request of the Grantee, Grantee shall obtain the release of the lien within thirty (30) days after the recording of the lien. If the Grantee fails to obtain the release of the lien within said thirty (30) days, the Grantor shall have the right, but not the obligation, to pay the lien claim in full without regard to the validity thereof, and upon payment of the lien claim, the Grantor shall be entitled to immediate reimbursement for all costs and expenses, including attorney's fees, incurred by the Grantor in obtaining the release of the lien, together with interest thereon at the rate of twelve percent (12%) per annum from the date payment is made by the Grantor until reimbursed by the Grantee. 3. The Grantee shall indemnify and hold harmless the Grantor and the Lot 10 from and against any and all claims, demands, actions, suits, and proceedings of whatever kind or nature for personal injury, including death, or property damage arising out of, as a result of, or in connection with any work performed by or at the request of the Grantee on Lot 10. 4. Upon completion of any work on Lot 10, the Grantee shall restore the surface of the land to substantially the same condition as existed prior to the commencement of such work, except for changes in grade within the Drainage Area. 5. The Grantee shall also landscape the Drainage Area by planting grass or other groundcover reasonably acceptable to the Grantor. 6. The Temporary Construction Easement shall terminate one (1) year after commencement of any work on Lot 10 by or at the request of the Grantee, or on April 1, 2010, whichever date first occurs. 7. The parties shall execute such additional documents and instruments as may be reasonably necessary to fully effectuate the terms of this Agreement. 8. This Agreement and all other documents and instruments executed to effectuate this Agreement shall run with the land and shall.be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 9. In the event the Grantee defaults in the performance of its obligations under this Agreement, the Grantor shall be entitled to recover all costs and reasonable attorney's fees incurred in enforcing this Agreement. 04 i ` IIII�IIIIIIIIIIIIIIIIIIIIIQIII�IIIIII CLERK LARIMER COUNTY CO RCPTN# 2005-0 00936 110:41:00 5 PAGES - 3 FEE $IS.00 DOC $0.00 #422216 3/29/04 GRANT OF EASEMENT AND AGREEMENT 2 THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this day of 0-TAkdE 2004, by and between LAGUNTTAS FOSSIL. CREEK INC., a Colorado corporation ("the Grantor"); and LAGUNTTAS REDTAIL, INC., a Colorado corporation, the address of which is 3944 JFK Parkway, Fort Collins, Colorado 80525 ("the Grantee"). WTTNESSETH: WHEREAS, the Grantor is the owner of the real property situated in the County of Larimer, State of Colorado, legally described as Lot 10, Cameron Park, Second Filing, according to the recorded plat thereof ("Lot 10"). WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to and to the north of Lot 10 ("the Grantee's Property"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive drainage easement over, across, and upon the southeasterlymost part of Lot 10 located immediately adjacent and to the south of Grantee's water quality pond ("the Drainage Area") for the purpose of storm drainage ("the Storm Drainage Easement"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary construction easement over, across, and upon Lot 10 as reasonably necessary for the purposes of matching the grade of Lot 10 and Grantee's property, grass sod installation, modification of and extension of Grantor's irrigation system as necessary to irrigate said Lot ("Lot Improvements"), and constructing appropriate stormwater drainage systems and facilities within the Drainage Area ("the Temporary Construction Easement"). WHEREAS, in consideration for the Storm Drainage Easement and Temporary Construction Easement, the Grantee is willing to construct and install Lot Improvements along the north and east sides of Lot 10 approximately as shown on Exhibit A; and along the northerlymost ten (10) feet of Lot 10 which once installed, the Irrigation System shall be owned, operated, maintained, repaired, replaced, and improved by the Grantor or the Fossil Creek Office Park East P.U.D. Owners Association. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. The Grantor hereby grants, bargains, sells, and conveys to the Grantee, its successors and assigns, the Storm Drainage Easement over, across, and upon the Drainage Area and the Temporary Construction Easement. ewpdj-j Fora' (,o (,u t1S $o SZS