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HomeMy WebLinkAboutC75-24 Lease with Floyd CrawfordLEASE amu. •` �.�. k I This indenture -made this � T� 1975 Between /=/c rl 9 c. ..c/ Jj vcuJ 1."0-cf of Eagle, State of Colorado, lessee day of /L-2 C, V lessor and the Counter Witnesseth that in consideration of the payment of the rent and the neenina, and performance of. the covenants herein by lessee, the said lessor her�oz7 lets, leases and demises unto Haid lessee the following described } proVerty viz: t As described on Exhibit "A" attached 'hereto and by this reference rade a part hereof. To have and to hold the same from 12:00 noon of the day of 1975 until 12:00 noon of the 31st day of December 1975 at and for a rental of $400.00 per month payablein advance on or before the 10th day of each nonth during the term or an -y renewal hereof. t �.` In consideration of the leasing of said property, lessee covenants 4; and agrees as follows: 1 Y i To use the property as a sanitary land fill, the operation or which ''shall be accomplished by employees of the lessee or persons engaged by the �lessee bar private contract. The site shall be operated in accordance with v Colorado Department of Health Regulations entitled "Solid waste dispersal I 1 February 16 1972. sites and facilities adopL.ed , To prepare an engineering plan which will detail the proposed land use, method of operation and final condition of the property which Dian `= will be submitted to lessor prior to its implementation. To designate one person or office to administer and supervise the operation of the'sanitary land fill To prescribe and enforce the hours of operation of the sanitart* land s`. fill In addition to the foregoing the parties hereby expressly agree as follows: Lessor thall have' -access to - the--pr6perty for purposes of conducting its normal business on land adjacent to the demised property Lessee nay establish and thereafter alter a schedule of rates to be > charged for use of the land fill except that lessor shall not be charged for solid wastes generated by it on property ovned by it. Tenants of lessor an other property owned by lessor shall be reauired to 73a-,;' for the use of the land fill at the prevailing rates except that such tenants shall not be required to make such payment when trash and solid waste collection services are provided by lessor. Lessor shall not allow his right o.f access to result in unauthorized use of the denised property or property adjacent thereto. Lessor nay use so much of the demised premises for such recreational purposes as may be agreed u ion by the parties provided such use does not unreasonably interfere with the use of denised propert-� as a sanitary land fill and provided lessor controls such uses in such a nznner as to prevent accident, injur;,., and damage to the person or property of others and provided that lessor shall hold harmless and indenni.f,! lessee from and against claims for all loss or damage resulting from such use by lessor. p -1- Lessor shall permit lessee to occupy and use the denised property as aforesaid during the period of time the engineering _plan is being prepared for acceptance by lessor_. If the engineering plan can be made to include the construction of a fish pond on the following described property viz: As described on Exhibit "B" attached hereto and by this reference nade a part hereof and if such plan can be implemented in accordance with la,,.Ys and regulations of federal, state and local governments, governing such -ponds and sanitary land fills then lessee may construct such pond in a timely manner as specified in the ena_ineerinc Plan, in `.Which event lessee's recuirementV to pair rent for a period of two years will be deemed to have been fulfilled. Lessee will be responsible for maintaining access to the demised property. This lease shall be automatically renewed at the expiration of the primary term for a period of one year and shall likewise be renewed at the end of each renewal tern for an additional period of one ,rear, not to exceed four such renewals unless lessee serves a written notice of intention not to renew upon lessor not later than thirty days prior to the exp_ iration of the primary term or rene,.eal term Service of such notice shall be deemed to be complete on mailing. This lease may be terminated by either party upon sixty days notice provided that lessee shall in addition be given a reasonable time to remove its equipment and facilities and to restore the property to its former condition. Lessor represents that it has good right title and interest in and to the demised property and the property described for use as a fish none and agrees to indemnify lessee against all loss which may result from claims of ownership and rights to possession by persons not a party to this lease. This lease nay not be assigned without the written consent of the non assigning party. However, this lease shall extend to and be binding upon the heirs and successors of the parties as applicable . LESSOR APPROVED: s� Board of Countv Commissioners Countr of Eagle, State of Colorado if", - 4- -2 - . 7 � t7 i t �t� y, +�` l�� --7t (k_1 _. r.1 , __ -, .-, t T Attest: Maxwell R. Ba --z Clerk to the Board of County Commissioners -2- EXHIBIT "A" Parcel A and Roadway A parcel of land in Eagle,County, Colorado, located in Lots 3 and 6 of Section 34, Tolmship 7 South, Range 87 West of the Sixth Principal Meridian according to the survey of said Township',and Range approved by the U.S. Surveyor General in Denver, Colorado on March 31,.1891; said parcel of land being more particularly described as -follows, to wit: Beginning at the Northeast Corner, a point on the Northerly line of said Lot 3 (as established by Eldorado Engineering Company of Glenwood Springs, Colorado), from which the Northeast Corner of said Lot 3 bears S.-88035,4011 E. .150.0 feet distant; thence South 405.39 :fee; to the - Southeast Corner, thence S. 67°3005617 W. 901.84 feet to the Southwest corner; thence North 770.73 feet to the Northwest Corner, a point on. the Northerly line of said Lot 3; thence S. 880351401, E. 833.54 feat to the Northeast Corner, the point of beginning. ' Said parcel oflard contains 11.249 acres, more or less, -together with a right of way for a roadway 40 'feet in width, the centerline of which is more particularly described as follows, to wit: Beginning at a point on the Easterly line.of the above described parcel from which the Northeast Corner of said Lot 3 bears N.'21°581291, E. 400.72 feet distant; thence S. 5702612811 E. 25.89 feet; thence 238.06 feet on a curve to the right having a radius of 765.41 feet, -the chord of which _ bears S. 48'31151" E. 237.10 feet; thence S. 39037,1411 E. 99.94 feet; thence 231.68 feet on a. curve to the left having. a radius of 360.36 feet; the chord of %hich bears S.. 58002118" E. 227.71 feet; thence S. 76027,2211 E. . 223.78 feet; thence S. 7304214011 E. 205.40 feet; thence 39.94 feet on a curve to the right having a radius of 306.44 feed., the chord of which bears S. 69058,3711 E. 39.92 feet; thence S. 66014,3411 E. 52.65 feet; thence 117.71 feet on a curve to the left having a radius of 246.62 feet, the chord of which bears S. 79'5510011 E. 116.60 feet; thence N. 8602413311 E. 105.83 feet; thence 138.44 feet on a curve to the right having a radius of 378.4 feet, the chord of which bears S. 8300613711 E. 137.66 feet; thence S. 72037,461, E. 112.68 feet; thence S. 8305114111 E. 163.75 feet to a gateway; thence S. 74022,1511 E. 94.32 feet to the terminus, a point at' the center of Eagle County Road No. S-13 from which the Northeast Corner - of said Lot 3 bears N. 56057,471, W. 1819.27 feet.distant. Date ck W. Johnson, 64.S. 4551 i% Jv:ll. �•}J . O, .o..�� (ter✓j ;G%STE.?t000�> W 4 , 0 EXHIBIT "B" Parcel B - A parcel of land in Eagle County, Colorado, located in Lot 6 of Section 34, Township 7 South, -Range 87 West of the Sixth Principal Meridian according to the survey of said Township and Range approved by the U.S. Surveyor General in Denver, Colorado on March 31., 1891; said parcel of land being more particularly described as follows, to wit: Beginning at the Northeast Corner from which the Northeast Corner of Lot 3 of said Township and Range (as established by Eldorado Engineering Company of Glenwood Springs, Colorado) bears N. 2900214711 E. 504.47 feet distant;.thence S. 67030156" W. 799.05 feet; thence S. 00024,29" E. 345.53 feet; thence N. 85015121" E. 402.38 feet; thence N. 00018131" W. 283.95 feet; thence N..520131041' E. 268.68 feet; thence N. 81022,59" E. 125.45 feet; thence North 150.46 feet to the point of beginning. Said parcel of -land contains 4.941 acres, more or less. Date ck W. Johnson, .L.S. 4551