HomeMy WebLinkAboutFAIRWAY APARTMENTS - FDP210023 - SUBMITTAL DOCUMENTS - ROUND 2 - EASEMENTSTEMPORARY CONSTRUCTION EASEMENT
WITH TERMS AND CONDITIONS
THIS TEMPORARY CONSTRUCTION EASEMENT DEED WITH TERMS AND CONDITIONS (“Deed”) is made and entered into this [_____] day of [______], 20[_] (the “Effective Date”), by and between THE CITY
OF FORT COLLINS, COLORADO, a municipal corporation, (“Grantor”) and [__________________] (“Grantee”).
1. Grantor’s Property. Grantor is the owner of that certain parcel of real property located in Larimer County, Colorado, which is legally described on Exhibit A, consisting of [____]
pages, attached to and made a part of this Deed (“Grantor’s Property”).
2. Grantee’s Property. Grantee is the owner of that certain parcel of real property located in Larimer County, Colorado, which is legally described on Exhibit B, consisting of [___]
pages, attached to and made a part of this Deed (“Grantee’s Property).
3. Grant of Easement – Consideration. For and in consideration of the covenants and agreements herein set forth, the sum of _________________ Dollars ($___.00), and other good and valuable
consideration, the receipt and adequacy of which Grantor acknowledges, the Grantor hereby grants, sells and conveys to the Grantee, its successors and assigns, a temporary construction
easement (the “TCE”) on, over, under and across the portion of Grantor’s Property as described more fully on Exhibit C, consisting of [____] pages, attached to and made a part of this
Deed (the “TCE Area”), for the benefit of Grantee’s Property, subject to the conditions and restrictions set forth below.
4. Purpose and Uses of Easement. Grantee may use the TCE Area for the purposes of carrying out activities related to the construction of pedestrian paths to the City South Transit Center
(the “Project”) including: vehicular and non-vehicular access; the storage and staging of materials and equipment; and construction activities associated with the Project plans.
5. Term. The TCE will terminate thirty (30) days after final completion of the Project, but in no event later than [____(date)___].
6. Additional Rights of Grantee. Grantor further grants to the Grantee:
(a) the right of ingress to and egress from the TCE Area over and across Grantor’s Property by means of any roads and lanes thereon;
(b) the right to use existing gates in all fences which now cross or shall hereafter cross the TCE Area, and, if Grantor consents in writing, the right to install, maintain and use new
gates in any such fences;
(c) the right to mark the location of the TCE Area by suitable markers acceptable to Grantor set in the ground; provided that said markers must be placed in locations which will not
interfere with any reasonable use Grantor may make of the TCE Area, and will not pose a danger to the public.
7. Grantor’s Rights in Easement Area. Grantor reserves the right to use the TCE Area for any purposes that will not interfere with Grantee’s full enjoyment of the rights granted herein,
including but not limited to Grantor’s right to operate or allow others to operate utility improvements within the TCE Area.
8. Grantee’s Use and Restoration of TCE Area.
(a) All activities by the Grantee on the TCE Area, including access across Grantor’s Property, must be carried out in a manner and on a schedule reasonably expected to minimize disturbance
to the natural features of said property and the Grantor’s intended purposes therefor.
(b) Grantee shall notify Grantor prior to doing any work in the TCE Area and shall coordinate such work with Grantor.
(c)
9. Representations of Grantor. Grantor states that it is the lawful owner in fee simple fo the Property; that it has good and lawful right and authority to grant, sell, convey said
property or any part thereof; and that it will warrant the title of said Property.
10. Recordation. Grantee will record this Deed in the records of the Larimer County Clerk and Recorder by Grantee, and furnish evidence of such recording to the Grantor. This Deed
will not be valid until it is recorded. If this Deed has not been recorded with the Larimer County Clerk and Recorder within three (3) months of the date of execution of this Agreement
by the Grantor, then the Easement will be null and void and have no force and effect whatsoever, and the parties will be relieved of any remaining obligations hereunder as of the date
of such termination.
11. Indemnity and Insurance.
(a) Grantee agrees to release and indemnify the City, its officers, agents, employees, representatives, successors and assigns from and against all claims and liability, including but
not limited to the City's reasonable legal fees and costs, including attorneys’ fees, for claims for personal injury, death or property damage resulting from or arising out of the Grantee’s
use of the TCE Area or other activities on Grantor’s Property, and for any actions or omissions by Grantee in violation of this Deed.
(b) Grantee shall procure, pay for, and keep in full force and effect during the term of the TCE a comprehensive policy of general liability insurance insuring Grantee in an amount not
less than One Million Dollars ($1,000,000.00) covering bodily injury, including death to persons, personal injury, and property damage liability arising out of a single occurrence.
Such coverage must include, without limitation, the insured’s liability for property damage, bodily injuries, and death of persons in connection with Grantee’s activities in the TCE
Area or on Grantor’s Property (including acts or omissions of Grantee or of its officers, employees, or agents), and protection against liability for non-owned and hired automobiles.
All policies of insurance required hereunder must name Grantor as an additional insured, and shall contain a provision that the policy or policies cannot be canceled or materially altered
either by the insured or the insurance company until fifteen (15) days’ prior written notice thereof is given to Grantor. Upon issuance or renewal of any such insurance policy, Grantee
shall furnish a certificate of insurance to Grantor. In the event Grantee fails or neglects to maintain, or require its contractor to procure and maintain, as applicable, the insurance
required by this paragraph, then Grantor shall have the right, upon giving the Grantee reasonable notice of its election to do so, to take out and maintain such insurance at the expense
of the Grantee, and in such event the cost of such insurance shall be paid for by the Grantee promptly upon receipt of an invoice covering such charges.
12. Notices. Any notice or other communication relating to this Deed must be in writing and shall be deemed given (i) when delivered personally, or (ii) on the first business day which
is three (3) days following mailing by certified mail, return receipt requested and postage prepaid, or (iii) the next business day after sending by a nationally recognized overnight
delivery service, and addressed to the party at its respective address as follows:
If to Grantee:
Fairway Apartments, LLC
Attention: Ryan Will
1603 Oakridge Drive,
Fort Collins, CO 80525
With a copy to:
Wolfe Van Ackern & Stephenson, LLP
Attention: Anda Stephenson
1008 Centre Avenue
Fort Collins, CO 80526
If to Grantor:
Real Estate Services Manager
City of Fort Collins
Mailing Address:
P.O. Box 580
Fort Collins, CO 80522-0580
Hand Delivery:
117 North Mason St.
Fort Collins, CO 80524
With a copy to:
City Attorney’s Office
City of Fort Collins
Mailing Address:
P.O. Box 580
Fort Collins, CO 80522-0580
Hand Delivery:
300 LaPorte Avenue
Fort Collins, CO 80521
13. Default, Remedies and Litigation Expenses. If a party to this Deed is in default in performance of its respective obligations hereunder, the other party has the right to an action
for specific performance or damages or both. Prior to proceeding with any such action, the party not in default must first send written notice to the defaulting party specifying the
default and affording such party a reasonable period to cure the default. In the event a party defaults in any of its covenants or obligations and the party not in default commences
and substantially prevails in any legal or equitable action against the defaulting party, the defaulting party expressly agrees to pay all reasonable expenses of the litigation, including
a reasonable sum for attorneys' fees or similar costs of legal representation.
14. Assignment. Grantee may not assign its rights under this Deed without the prior written consent of the Grantor.
15. Additional Terms and Conditions.
(a) Whenever used herein, the singular number includes the plural, the plural the singular; and the use of any gender is applicable to all genders.
(b) All of the covenants herein contained are binding upon and inure to the benefit of the parties hereto, their personal representatives, successors and assigns.
(c) The parties intend and agree that this Deed is to be construed and enforced according to the laws of Colorado, that venue in any proceeding related to the subject matter of this
Deed will be in Larimer County, Colorado, and that this Deed is binding upon the parties hereto and their trustees, heirs, personal representatives, successors and assigns.
(d) If any term of this Deed is determined by any court to be unenforceable, the other terms of this Deed shall nonetheless remain in full force and effect; provided, however, that if
the severance of any such provision materially alters the rights or obligations of the parties, the parties shall engage in good faith negotiations in order to adopt mutually agreeable
amendments to this Deed as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.
IN WITNESS WHEREOF, the Grantee has hereunder set its hand and seal the day and year first above written; and the Grantor has caused this Temporary Construction Easement Deed and Agreement
to be executed by its Mayor, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to Ordinance No.[_____], passed on final reading by the City Council
of the City of Fort Collins on the [___] day of [_____________], 20[__].
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
a Municipal Corporation
Date: By: ___
Mayor
ATTEST:
City Clerk
________________________
(Print Name)
APPROVED AS TO FORM:
Assistant City Attorney
________________________
(Print Name)
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____ day of____________, ________, by _______________as Mayor of the City of Fort Collins.
Witness my hand and official seal.
My Commission expires:
Notary Public
GRANTEE:
________________________,
a ______________________
Date: By:
___________________
STATE OF COLORADO )
) ss
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this _____day of_________________, ______, by _______________________, [as _________________ for ____________________].
Witness my hand and official seal.
My Commission expires:
___________________________
Notary Public
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Temporary Construction Easement – City Grantor
Form version 6/27/16