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HomeMy WebLinkAbout 19-71 Rec Easement St Vrain Lakes Metro Dist Pier-Dock-ExecutedRESOLUTION 19-71 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT WITH ST. VRAIN LAKES METROPOLITAN DISTRICT NO, 1 PERTAINING TO A PIER AND DOCK TO BE INSTALLED UPON LANDS OWNED BY THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Town of Firestone (the "Town") owns that property known as Peninsula Park, more particularly described as Tract B, Barefoot Lakes Regional Park Filing No. 1 (the "Park"), and the St. Vrain Lakes Metropolitan District No. 1 (the "District") owns adjacent property on which are located lakes, as more particularly described as Tract A, Barefoot Lakes Regional Park Filing No. I (the "Lake Premises"); and WHEREAS, the Final Development Plan for the Park calls for the installation of a pier, gangway and dock as depicted on Exhibit A (the "Pier and Dock"), and the Subdivision Agreement among the Town, District and Barefoot LLC ("Barefoot"), dated February 12, 2018, requires certain responsibilities of Barefoot and the District relating to the construction, maintenance and operation of the Pier and Dock facilities and for the provision of recreation services using the Pier and Dock; and WHEREAS, Barefoot desires to construct and the District desires to own, maintain and operate the Pier and Dock and, upon completion and acceptance, Barefoot would dedicate the ownership of the Pier and Dock to the District; and WHEREAS, the Town desires to grant the District the necessary property rights in the Park to allow for the operation, maintenance and repair of the Pier and Dock, pursuant to certain terms and conditions as set forth in a Recreational Easement and Maintenance Agreement, attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone authorizes the grant of a permanent, non-exclusive easement to St. Vrain Lalces Metropolitan District No. 1 to use the property described in Exhibit A for the ongoing operation, maintenance and repair of a pier, gangway and dock, along with any equipment and facilities associated with the recreational use of the pier and dock, for use by the public solely and exclusively for public recreational uses. Section 2. The Recreational Easement and Maintenance Agreement between the Town of Firestone and St. Vrain Lakes Metropolitan District No. 1, is approved in substantially the form as attached hereto as Exhibit B, and the Mayor is authorized to execute the agreement on behalf of the Town of Firestone. INTRODUCED, READ AND ADOPTED this 14th day of August, 2019. TO g ATTEST: Leah Vanarsdall, Town Clerk AS TO FORM: Willialll�'�! Hayashi, Town Attorney OF FIRESTONE, COLORADO Sindel� R,EDIAN io Exhibit A EXHIBIT A BAREFOOT LAKES REGIONAL PARK FILING NO. 1 SCAtE: 'i" = 204' DATE 09,10.2018 PROD. NO, 08001.D04 SHEET 1 Exhibit B RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT (Barefoot Lakes Regional Par1c Pier and Docic) THIS RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into effective the j� day of Atli �^,, , 2019, by and between the TOWN OF FIRESTONE, COLORADO ("Grantor") and ST. VRAIN LAKES MCTROPOLITAN DISTRICT NO.1("District" or "Grantee"), aquasi-municipal corporation and political subdivision of the State of Colorado. WHEREAS, the Town owns that property known as Peninsula Parlc, more particularly described as Tract B, Barefoot Lalces Regional Parlc Filing No. 1 (the "Park") and the District owns adjacent property on which are located lakes and more particularly described as Tract A, Barefoot Lakes Regional ParkNo. 1(the "Lake Premises"). Both the Park and the Lalce Premises are depicted on Exhibit A, attached hereto; and WHEREAS, the Park is approved for development pursuant to the Subdivision Agreement among the Town, District and Barefoot LLC ("Barefoot") dated February 12, 2018 and recorded at Reception No. 4375617 in the real estate records of Weld County, Colorado (the "Subdivision Agreement"); and WHEREAS, Barefoot has completed the development of the public improvements in the Parlc, as requned under the Subdivision Agreement, and was issued a conditional acceptance letter by the Town on February 9, 2019; and WHEREAS, the Final Development Plan for the Park also calls for the installation of a pier, gangway and dock as depicted on Exhibit A (the "Pier and Dock") and the Subdivision Agreement requires certain responsibilities of Barefoot (Developer) and the District relating to the conshuction, maintenance and operation of the Pier and Docic facilities and for the provision of recreation services using the Pier and Docic; and WHEREAS, Barefoot desires to conshuct and the Distzxct desires to own, maintain and operate the Pier and Dock and, upon completion and acceptance, Barefoot would dedicate the ownership of the Pier and Docic to the District; and WHEREAS, the Town desires to grant the DistzYct the necessary property rights in the Park to allow for the construction, maintenance and operation of the Pier• and Docic as further provided herein and to set forth certain rights and responsibilities with respect to the District's maintenance of the Pier and Docic. NOW, THEREFORE, in consideration of the foregoing, the pasties hereto promise, covenant and agree as follows: 1. Grantor's Property. Grantor is the owner of that certain parcel of real property located in the Town of Firestone, Weld County, Colorado, which is legally described as Tract B, Barefoot Lakes Regional Park Filing No. 1 (the "Property"). 2. Grant of Easement. For and in consideration of the covenants and agreements set forth herein, the receipt and adequacy of which Grantor acknowledges, Grantor hereby grants and conveys to the Grantee a permanent, non-exclusive easement (the "Easement") on, over, under and across that portion of the Property depicted and described on Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Area"), subject to the conditions and restrictions set forth below. 3. Purposes and Uses of Easement. Grantee may use the Easement: (a) to access, operate, maintain, replace, reconstruct, inspect and remove at any time and from time to the Pier and Dock, along with any equipment and facilities associated with the Pier and Doc1c such as storage racks or sheds or other items relating to the recreational use of the Pier and Dock (these items, together with the Pier and Dock, are collectively refei7ed to herein as, the "Improvements") upon, across, over, through and within the Easement Area for use by the public solely and exclusively for public recreational uses permitted by the Town; and (b) for use by Grantee's agents, contractors and employees as reasonably necessary to operate, manage or maintain the T�nprovements and to carry out Grantee's obligations under this Agreement. 4. Restrictions on Grant of Easement. Grantee shall not have the right to construct, erect, install, place, locate, use, operate, maintain, or replace any structures, equipment, facilities or improvements upon, across, over, through and within the Easement Area, other than the Improvements permitted under this Agreement. Additionally, Grantee shall not have the right to enlarge, expand, or add to the Pier and Dock or the Improvements without the prior written consent of the Town, which shall not be unreasonably withheld. 5. Access. Additionally, Grantor grants and conveys to Grantee a permanent right of ingress to and egress to and fiom the Easement Area upon, over, in and across the Property, as described more fully on Exhibit A, attached hereto and made a part of this Agreement (the "Access Area"). Grantee shall only use the existing roads for ingress and egress to the Easement Area. 6. Grantor's .Rights in Easement Area. Grantor reserves all other rights in and to the Easement Area, including the right to use the Easement Area for any purposes whatsoever, which will not impair, endanger, or unreasonably interfere with the Improvements or with Grantee's full use and enjoyment of the rights hereby granted. 7. Relocation of Improvements. If, for any reason, the Improvements conflict with, impede; restrict or limit in any manner whatsoever the Town's use of the Easement Area such that the Improvements must be relocated outside of the Easement Area, the Parties shall: (a) Worlc together to execute any easements or amendments to this Agreement that are necessary for the relocated Improvements, and to release any portions of the Property from the Easement that are no longer needed; and (b) Develop and. implement a comprehensive relocation plan. The plans for any relocation will be subject to the Town's prior written approval, and the relocation will be subject to the Town's oversight. Pler and Dack Easement A9reemant (cloan) A062839 8. Maintenance and Operation of the Improvements. By accepting and using the Easement, Grantee agrees: (a) Grantee will maintain, operate, repair, replace and % oUlx the Improvements, including without limitation signage, lighting and landscaping, at Grantee's sole cost, as necessary to keep the Improvements in good and safe condition at all times. Without limiting the meaning of the preceding sentence, Grantee will be responsible for repairing or replacing the surface of the Pier and Dock as necessary, and for keeping all Improvements clear of debris and other obstructions. Grantee will have the right to remove any objects interfering with the use and safe operation of the Improvements. (b) Grantee shall perform summer maintenance of the Improvements, as needed to maintain the Improvements in a safe and usable manner during the non -winter months ("Summer Maintenance"). (c) Summer maintenance will be determined and scheduled by Grantee. (d) The Pier and Docic will be closed to public access in the winter. (e) Grantee will be responsible for enforcing any rules and regulations applicable to the use of the Improvements as adopted by Grantee and in accordance with any applicable ordinances of the Town. (f) Grantee may contract with other public or private entities to provide these services for all or part of each year. 9. Damage and Restoration. Grantee shall be responsible for all damage to the Easement Area, Access Area or the Property, including any installations, structures, utilities or improvements located on, under or within the Property, arising out of or resulting from the Improvements, or its use of the Improvements or Easement granted herein. Upon completing any work or activities in the Easement Area, Grantee, at its sole expense, shall restore the surface of the Easement Area to the conditions that existed immediately prior to the commencement of any of Grantee's activities permitted hereunder. 10. Compliance with Laws. Grantee shall comply at all times with the resolutions, ordinances, rules, and regulations of the Town in connection with Grantee's use of the Easement, the Easement Area, the Access Area, and the Improvements. 11. Abandonment, Termination. Upon Grantee's permanent cessation of its use or operation of the Improvements or its full use and enjoyment of the Easement Area pursuant to the rights granted herein, this Agreement shall automatically terminate. 12. Limitation of Grantor's Liability. Because the Improvements will be used for recreational purposes, as that term is defined by C.R.S. § 33-41-102(5), Grantor is entitled to any and all protections provided under C.R.S. § 3341-103 and other. Kl Pler and EocY. Easement A9reanenC (clean) A�62B19 I3. Indemnification. To the extent permitted by law and subject to the provisions of Section 23 below, Grantee shall indemnify, defend and hold harmless the Town and its officers, agents, and employees fiom and against all liability, claims, damages, losses, and expenses, including but not limited to, attozney fees arising out of, resulting fiom, or in any way connected with: (i) the existence of the Improvements; (ii) Grantee's use, maintenance, conh•ol, or operation of the Irprovements; (iii) Grantee's use of the Easement Area; or (iv) the rights and obligations of Grantee hereunder. 14. Loss of Use. Grantee's loss of use of the Improvements arising out of or relating to the relocation of the Improvements shall not entitle Grantee to any compensation fiom the Town for damages or loss, in any manner whatsoever, and Grantee hereby waives any and all claims which Grantee may or might hereafter have or acquire against the Town for loss or damage arising fiom the relocation of the linprovements. 15. Insurance. Grantee shall procure and maintain or self -insure, at its own cost, a policy or policies of insurance sufficient to insure against, claims, demands, and other obligations assumed by Grantee pursuant to this Agreement. Grantee shall cause all of its contractors to procure and maintain, the minimum insurance coverages listed below. In the case of any claims -made policy, the necessary ret<•oactive dates and extended reporting periods shall be procured by Grantee's conh•actor, as applicable, to maintain such continuous coverage. All insurance will be underwritten by a company licensed or authorized to conduct business in the State of Colorado. Any insurance carried by the Town, its officers, its employees or its contracts shall be excess and non-contributory insunance to that provided by Grantee or its contractors. Prior to the commencement of any activities in the Easement Area by Grantee or its contractors, and annually on or before December 31 of each year this Agreement is in effect, Grantee shall provide, or cause its contractors to provide, a certificate of insuuance as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. Within 30 days' receipt of notice fiom an insurer of any contractor, Grantee shall provide the Town with written notice of cancellation or modification of any such policies. (a) Workers' Compensation insurance as required by the Labor Code of the State of Colorado and Employers Liability Insurance. Evidence of qualified self -insured status may be substituted. (b) General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each ocemrenee and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall include the Town of Firestone, its officers and its employees, as additional insureds, with primary coverage as respects the Town of Firestone, its officers and its employees, and shall contain a severability of interests provision. Coverage shall include independent contractor's protection, premises -operations, products, completed operations and contractual liability with respect to the liability assumed by Licensee hereunder. (c) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000) per person in any one occui7•ence and NINE HUNDRED NINETY THOUSAND DOLLARS ($990,000) for two or more persons in any one oceut7•ence, and auto property damage insurance of at least FIFTY THOUSAND DOLLARS ($50,000) per occurrence, with respect to each of Grantee's owned vehicles assigned to or used in connection pler and tlock Easement AgreenenG (clean) A06P819 with Grantee's rights or obligations of this Agreement. 16. Bi1.1di116 Effect -Runs With all This Agreement shall constitute covenants running with the land and shall extend to and be binding upon the successors and assigns of the respective Parties hereto. 17. Assigiuneut. Grantee may not assign, in whole or part, the right to use and all obligations associated with the Easement without the prior written consent of the Town. 18. Notices. Any notices or communication required or permitted hereunder shall be given in writing and shall be sent by United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed as follows: Torvii: Town of Firestone Town Clerk P.O. Box 100 Firestone, CO 80520 District: St. Vrain Lalces Metropolitan District No. 1 6465 Greenwood Place Blvd., #700 Centennial, CO 80111 with a copy to: ite WhBear Anlcele Tanaka &Waldron, P.C. 2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122 or to such other address as hereafter designated in writing by the applicable parties. Notices shall be effective upon mailing. 19. Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the Parties hereto relating to the Easement and sets forth the rights, duties and obligations A each to the other as of this date, and this Agreement supersedes all previous and contemporaneous communications, negotiations, representations, or agreements, either verbal or written. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. This Agreement may not be modified or amended, except by a writing executed by both Parties. 20. Waiver. Waiver by a party of any breach of any term or provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term or provision thereof. 21. Governing Law; Attorneys Fees. This Agreement shall be governed by the laws of the state of Colorado and venue shall be in the Weld County District Court. In the event of any dispute or 5 Pler and Oock Eneeaent Agreement (cleen) A062819 litigation arising under the terms of this License, the prevailing party shall be entitled, in addition to other damages or costs, to receive from the other party court costs and reasonable attorney fees. 22. Severability. If any part, term or provision %J this Agreement shall be held unenforceable or invalid, such part, term or provision shall be severable and deemed ineffective to the extent of such invalidity or prohibition without invalidating the remainder of this Agreement. 23. Governmental Immunity. The City and its officers, attorneys and employees and the Grantee 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, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10401, et seq., as amended, or otherwise available to the parties and their respective officers, attorneys or employees. 24. Authority. Grantor and Grantee each represent to the other that it has the power and authority to execute and deliver this Agreement and to perform its respective obligations under this Agreement. Grantor and Grantee each represent to the other that the person or persons signing for it has been duly authorized by such party to do so. 25, Counteipaits. This Agreement may be executed by the parties in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] C else and Uack 6asemont Agreement (clean) A062019 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date first above written. ®� TOWN OF FIRESTONE o� 'Pab& Bb bi Sinde •, Nlayor ATTEST:,; e ®0 iC>(JNJ[q la \ LmIltidil:s t Leah Vanarsdall, Town Clerk DISTRICT ST. VILAIN LAKES METROPOLITAN DISTRICT NO, 1 ATTEST: 7 Ptar and bock baseP,ent AgreanenG (clean) A062819 EXHIBIT A EXHIBIT A jZEN l0 4 BAREFOOT LAKES REGIONAL PARK FILING NO, 1 s Ploz and OocY. Eesemant rgzeement (clean) A062819 SCALE: 1" = 200' DAIS D9.10.201D PROD. NO. OSD01.D04 SHEET