HomeMy WebLinkAboutFAIRWAY APARTMENTS - FDP210023 - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTS (2)
Temporary Construction Easement – City Grantor
Form version 6/27/16 Page 1 of 6
TEMPORARY CONSTRUCTION EASEMENT
WITH TERMS AND CONDITIONS
THIS TEMPORARY CONSTRUCTION EASEMENT DEED WITH TERMS AND
CONDITIONS (“Deed”) is made and entered into on _______________________ (the
“Effective Date”), by and between THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation, (“Grantor”) and FAIRCOLL, LLC (“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 one (1) page,
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 one (1) page,
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 ten dollars ($10.00), and other good and valuable
consideration, including the Grantee’s installation of permanent public pedestrian paths as set
forth below (the “Improvements”), the receipt and adequacy of which Grantor acknowledges, the
Grantor hereby grants, sells and conveys to the Grantee, its successors a nd 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 two (2) 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 the Improvements 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 final Project plans as
approved by Grantor.
5. Term. The TCE will commence on January 1, 2022 and terminate on June 30, 2024.
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
Temporary Construction Easement – City Grantor
Form version 6/27/16 Page 2 of 6
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) Grantee will construct the permanent Improvements on the TCE Area as
described on Exhibit D, consisting of [__] pages, attached hereto and made a part
of this Deed, at no cost to Grantor, and restore the remaining portion of the TCE
Area to a condition comparable to the condition of the TCE Area as of the
Effective Date. Upon acceptance of the Improvements by Grantor, the
Improvements shall become the property of Grantor and Grantee shall have no
further obligations.
9. Representations of Grantor. Grantor states that it is the lawful owner in fee simple of the
Property and that it has good and lawful right and authority to grant, sell, and convey said
property or any part thereof .
10. Recordation. This Deed shall not be recorded.
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
Temporary Construction Easement – City Grantor
Form version 6/27/16 Page 3 of 6
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, Suite 101
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
P.O. Box 580
Fort Collins, CO 80522-0580
With a copy to:
City Attorney’s Office
City of Fort Collins
Temporary Construction Easement – City Grantor
Form version 6/27/16 Page 4 of 6
P.O. Box 580
Fort Collins, CO 80522-0580
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 th e
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 Deed 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 [_____________], 2022.
Temporary Construction Easement – City Grantor
Form version 6/27/16 Page 5 of 6
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
a municipal corporation
Date: By: ___
Jeni Arndt, 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
Temporary Construction Easement – City Grantor
Form version 6/27/16 Page 6 of 6
GRANTEE:
FAIRCOLL, LLC,
a Colorado limited liability company
Date: By:
Kriss Spradley, its Manager
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