HomeMy WebLinkAboutREDTAIL RESIDENTIAL - FDP - 26-01A - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTS (11)1'
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PAGES - 3 FEE $16.00 DOC $0.00 #422217 03/26/04
GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this
day of ''UI�Lr 2004; by and between FOSSIL CREEK OFFICE PARK
OFFICE OWNERS ASSOCIATION, 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").
WITNESSETH:
WHEREAS, the Grantor is the owner of the real property situated in the County of
Larimer, State of Colorado, legally described as Lot 11, Cameron Park, Second Filing, according
to the recorded plat thereof ("Lot 11").
WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to
and to the north of Lot 11 ("the Grantee's Property").
WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary
construction easement over, across, and upon the northerlymost ten (10) feet of Lot 11 as
reasonably necessary for the purposes of matching the grade of Lot 11 and Grantee's property,
grass sod installation, modification of and extension of Grantor's irrigation system as necessary
to irrigate said Lot ("the Temporary Construction Easement").
WHEREAS, in consideration for the Temporary Construction Easement, the Grantee is
willing to construct and install Lot Improvements along the northerlymost ten (10) feet of Lot 11
("Lot Improvements"), which once installed 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 Temporary Construction Easement.
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 11 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 11 as a
result of any work performed on Lot 11 by or at the request of the Grantee, shall Grantee shall
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STATE OF COLORADO
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COUNTY OF LARIMER
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AaW, President
The foregoing instrument was acknowledged before me this 22 b\day of -JU-2`L ,
2004, by Jonathan J. Prouty, President of LAGUNTTAS FOSSIL CREEK INC., a Colorado
corporation and LAGUNTTAS REDTAIL, INC., a Colorado corporation.
Witness my hand and official seal.
My commission expires: oq " )q - 01
Notary
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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 Lot 11 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 11.
4. Upon completion of any work on Lot 11, the Grantee shall restore the surface of
the land to substantially the same condition as existed prior to the commencement of such work,
the Grantee shall also landscape the Temporary Construction Easement by planting grass or
other groundcover reasonably acceptable to the Grantor.
5. The Temporary Construction Easement shall terminate one (1) year after
commencement of any work on Lot 11 by or at the request of the Grantee, or on April 1, 2010,
whichever date first occurs.
6. The parties shall execute such additional documents and instruments as may be
reasonably necessary to fully effectuate the terms of this Agreement.
7. 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.
8. 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.
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 comoration
Jo Prouty, President
VAMEDTAIL,
LAGU INC., a Colorado
corporation
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