Fill and Sign the Easement for Communication Facilities Colorado Form

EASEMENT This EASEMENT ("Easement") is made and executed this       day of                         , 20       , by and between the CITY OF                                     , COLORADO, a Colorado home rule municipal corporation with a legal address of                                     ,                               , Colorado (the "City") and                                                 with a principal place of business at                               ,                         , Colorado                   . (Grantee) WHEREAS, the City owns certain real property more particularly described in Exhibit 1 attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, Grantee has installed certain communications facilities on the Property, including, without limitation, conduits, cables, wires, surface location markers, manholes, handholes, vaults and other related appurtenances (the "Facilities"); and WHEREAS, the City agrees to grant to Grantee this Easement, which allows Grantee to install the Facilities on the Property and to thereafter maintain and operate the Facilities. In and for the consideration of the sum of                         and other good and valuable consideration paid by Grantee to the City, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement. The City hereby grants to Grantee a perpetual, nonexclusive easement to enter, re-enter and use the Property for the following purposes: a. To install, operate, maintain, replace, repair, inspect, and remove the Facilities; b. To access the Facilities; and c. To perform any other acts necessary to protect the Facilities from damage. 2. Grantee's Rights. Grantee shall have and exercise the right to ingress and egress in, to, over and across the Property for any lawful purpose needed for the full enjoyment of the rights granted to Grantee by the City hereunder. 3. City's Rights. The City retains the right to the undisturbed use and occupancy of the Property insofar as such use and occupancy is consistent with and does not impair any grant herein contained. 4. Grantee's Obligations. In exercising its rights under this Agreement, Grantee agrees to the following: a. Grantee shall cause any of the Property, including landscaping and fences, which is disturbed by Grantee during its activities on the Property to be returned to its original condition, or as near thereto as may be reasonably accomplished, all at the expense of Grantee or its contractors or agents. 1 b. Grantee shall not use the Property as a staging area for repair or maintenance activities, and no equipment shall be stored above ground on the Property without the prior written consent of the City. c. Grantee shall be solely responsible for the repair and maintenance of the Facilities. 5. City's Obligations. The City shall not interfere with Grantee's exercise of any of its rights under this Easement, including but not limited to the installation of the Facilities on the Property and the maintenance of those Facilities. 6. Indemnification. Grantee shall indemnify, hold harmless and defend the City and its representatives, officers, employees, agents, and contractors from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney fees, arising from or in any way connected with injury to or the death of any person or physical damage to any property resulting from any act, omission, condition, or other matter related to Grantee's exercise of the rights granted to it pursuant to this Easement, except to the extent caused by the negligence or willful misconduct of the City, its representatives, officers, employees, agents, and contractors. 7. Warranty. The City warrants that it is the lawful owner of the property and that it has the full right and legal authority to make the grant of this Easement. 8. Recordation. Except as otherwise expressly provided herein, all provisions in this Easement, 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. Grantee shall record this Easement in timely fashion in the official records of                         County, and may re-record it at any time as may be required to preserve its rights in this Easement. 9. Governing Law. This Easement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of                         , State of Colorado. 10. Modification. This Easement may only be modified upon written agreement of the parties. 11. Integration. The foregoing constitutes the entire agreement between the parties regarding the Easement and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto with respect to the Easement. 12. Severability. If any provision of this Easement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day and year first above set forth. 2 CITY OF                                     ,                                           ATTEST:                                           City Clerk GRANTEE                                                                               STATE OF COLORADO ) ) ss. COUNTY OF                         ) Subscribed, sworn to and acknowledged before me this       day of                         , 20       , by                                     as                               of Grantee. My Commission expires                   . (SEAL)                                     Notary Public 3