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HomeMy WebLinkAbout2014-35 Grant an Easement to Newpath NetworksRESOLUTION NO. 35 Series of 2014 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT AN EASEMENT TO NEWPATH NETWORKS FOR THE CONSTRUCTION AND OPERATION OF UTILITY FACILITIES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town is the owner of certain real property generally described as a part of Lot H, Vail Village Second Filing, Town of Vail, Colorado (the "Property'); and WHEREAS, the Town wishes grant a utility easement to NewPath Networks across the Property in the form attached hereto as Exhibit A (the "Easement"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Easement and authorizes to execute the Easement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 2n0 day of December, 2014. _ �_. Andrew P. D I ayor Resolution No. 35, Series of 2014 EXHIBIT A Resolution No. 35, Series of 2014 UTILITY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is dated this day of , 2014, by the Town of Vail, Colorado, a Colorado home rule municipality (the " ['own"), and ("Grantee"). WHEREAS, Grantee desires to acquire an easement for the purpose of the construction and operation of utility facilities upon and beneath the surface of the property described in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Property"); and WHEREAS, the Town is willing to convey an easement to Grantee for the aforesaid purposes on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the sum of ten dollars ($10) paid by Grantee to the Town, the covenants of Grantee herein contained, and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the parties to this Easement Agreement hereby covenant and agree as follows: Section I. Convevance of Easement. The Town does hereby grant and convey unto Grantee, it successors, assigns, lessees, licensees, and agents, an easement upon and beneath the surfaceofthe Easement Property for the operation of utility facilities. Granteeshall havetherightof ingress and egress, consistent with this Agreement, upon the Easement Property for the construction, reconstruction, operation, maintenance and/or removal ofthe utility facilities. Section 2. Construction and Maintenance of Utility Facilities. Grantee shall be solely responsible for constructing and maintaining the utility facilities. Section 3. Relocation. Within sixty (60) days of receipt of written notice from the Town, Grantee shall relocate the utilities within the Easement Property at Grantee's sole cost and expense. Section 4. Retained Rights. The Town shall have all rights to the Easement Property not expressly granted hereby, including the construction of structure(s) over the Easement Property. Section 5. Miscellaneous. a. All provisions herein contained, including the benefits, burdens and covenants, are intended to run with the land and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. b. Grantee shall insure itself against liability. loss, or damages arising outofthe construction, existence, use, operation or maintenance of the utility facilities. C. This Agreement constitutes all of the agreements, understandings, and promises between the parties hereto with respect to the subject matter hereof. 11 H 'JWSSTOR{Gr,nrUIOP.tiYOYAC£L D£SKTUPUIIL/TYLASEted l00( J. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immun itics, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seg., as amended, or otherwise available to the Fown and its officers, attorneys or employees. C. Grantee agrees to indemnity and hold harmless the Town and its otilcers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Grantee, any subcontractor of Grantee, or any officer, employee, representative, or agentof Grantee, orwhich arise outofa worker's compensation claim of any employee of Grantee or of any employee of any subcontractor of Grantee. 'there are no third -party beneficiaries to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective duly authorized officers as of the date and year first above written. TOWN OF VAIL, COLORADO Stan Zemler, Town Manager ATTEST: Patty McKenney, Town Clerk GRANTEE By: S'I ATF Of COLORADO ) ss. COUNTY of ) 'The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of ,2014,by My commission expires: (SEAL) 1616-b L'R'&STORd[.[ IMA IOPd3 N'IG£l. Dr7KT0P (T111TYCASEMENT DOC