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Home My WebLink AboutC80-033 Loren Chambers Fairgrounds PropertyBoole 3!3"i N.' Page605 ')rded at 0:00 A.M. August 26, i Yedorder; Johnnette Phillips AGREEMENT BETWEEN THE COUNTY OF EAGLE AND LOREN CHAMBERS No Fee Eagle County THIS AGREEMENT is made and entered into this -� at' day of_____ 1 1980, by and between the County of Eagle, State of Colorado, a body d6rpora4e/ and politic, by and through it's Board of County Commissioners, here- inafter referred to as the "County", and Loren Chambers, hereinafter referred to as "Chambers". WHEREAS, the County desires to obtain additional real property adjacent to the Eagle County Fairgrounds, hereinafter referred to as "Fairgrounds", for the purpose of expanding the uses at said fairgrounds; and WHEREAS, Chambers is the owner of property adjacent to the fairgrounds ..° and has agreed to give such property to the County in exchange for property now owned by the County. NOW, THEREFORE, for and in consideration of the mutual covenants, con- ditions, and promises contained herein, the parties hereto agree as follows: SECTION ONE EXCHANGE OF REAL PROPERTY Chambers hereby agrees and binds himself, his heirs, assigns, and successors to give that certain real property as set forth in Exhibit "A" attached hereto and incorporated herein by reference for the benefit of the County to be used in association with the Eagle County Fairgrounds including, but not limited to, the expansion of the Fairgrounds, open space, parking, camping, and picnicking; and shall execute a good and sufficient deed satisfactory to the County for said property upon request of the County. Said real property is in consideration of the exchange of real property from the County to Chambers and of the County's duties and obligations set forth herein. The County hereby agrees and binds itself, its assigns, successors, and heirs to give to Chambers that certain real property as set forth in Exhibit "B", attached hereto and incorporated herein by reference, for the benefit of Chambers to do with as he sees fit; and shall execute a good and sufficient deed satisfactory to Chambers for said property upon request of Chambers. Said real property is in consideration of the exchange of real property referred hereinabove and of Chamber's obligations and duties set forth herein. SECTION TWO RESERVATIONS OF CHAMBERS Chambers hereby reserves the following easements, rights and/or re- servations with respect to the real property to be conveyed to the County described in Exhibit "A": 1. The irrigation ditch outlined in red on Exhibit "A" which traverses said property. 2. Chambers hereby agrees to vacate and/or extinguish any and all rights that he may have to the fifty foot (50') drainage easement on the westerly side of said property which runs north to south as more fully described in Exhibit "A". Pursuant to the vacation of said drainage easement, the County hereby grants and conveys to Chambers an easement of ten feet (10') in width on each side of the irrigation ditch referred to in paragraph 1 herein. 3. Any and all easements through said property in Exhibit "A" necessary for water and sewer. Said easements shall be only for the benefit and use of Chambers, his assigns, successors and heirs. SECTION THREE DUTIES OF COUNTY As consideration for that certain real property described in Exhibit "A", the County hereby agrees and covenants to do the following: 1. The County shall pipe, using acceptable engineering standards, Chamber's ditch referred to in Section Two (2) hereinabove within two years of the execution of this agreement or when present ditch is removed. 2. The County shall fence, using acceptable fencing standards and materials, the westerly side of the property described in Exhibit "A" so as to separate said property from that adjacent property presently owned by Chambers within one year from the execution of this agreement. 4%.Q Ea le County Fairground Board shall not o submittal of a or a gravel permit rt adjacent o e per y escrixhibit "A" nor rr" sha oppose e approva� rmit. 4. The County shall give to Chambers, at no expense to Chambers, a water tap from the fairgrounds if the County has the power and authority to give same. Such water tap is actually a transfer of an existing water tap. SECTION FOUR ADDITIONAL LAND Chambers does hereby grant to the County an option to purchase that certain real property described in Exhibit "D", attached hereto and incorporated herein by this reference at the then current fair market value and/or as mutually agreed upon by the respective parties. Said option shall be executed within two years of the date of the execution of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. rf1 ,/V-4"ffJ ammissirs COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS - --& It'll V By Ld We F. Grant, 'ChairMn Address: P. 0. Box 850 Eagle, Colorado 81631 Telephone: 328-7311 LOREN CHAMBERS i4mv &14eutllt� Address: e�'4fzllol re Telephone: m HOLD HARNILESS AGREEMENT THIS HOLD HARMLESS AGREEMENT executed this ��= day of June, 1980, by the County of Eagle, Colorado, hereinafter referred to as the "County , to Loren Chambers, hereinafter referred to as "Chambers". WHEREAS, the County of Eagle has retained the services of the Corp of Engineers for the summer of 1980 to help with the renovation of the Eagle County Fairgrounds among other county -related tasks; and WHEREAS, Loren Chambers has agreed and approved of the use of designated portions of his real property for recreational purposes by the County of Eagle in conjunction with the Corp of Engineers. NOW, THEREFORE, in consideration of the use of Chambers' real property by the County of Eagle in conjunction with the Corp of Engineers, the County voluntarily and knowingly executes this hold harmless agreement with the express intention of effectuating the extinguishment of any and all possible liability that may arise against Chambers in connection herewith as herein designated. The County, with the intention of binding itself, and any of its officers, agents, employees and representatives, hereby agrees to indemnify and hold harmless Chambers, his assigns, successors and heirs, against any losses, claims, damages, liabilities, judgments or any other costs to which Chambers may become subject to, including loss of or damage to property of Chambers and injuries to or death of any and all persons, insofar as any such losses, claims, damages, liabilities, judgments or other costs (or actions in respect thereof) arise out of or are based upon the willful and/or negligent actions of the County and/or the Corp of Engineers in the use of Chambers' property for recreational purposes; and the County shall reimburse Chambers for any and all legal or other expenses reason- ably incurred by Chambers in connection with investigating or defending any such loss, claim, damage, liability, judgment or other action. This agreement shall be in force and effect only through the summer of 1980 or until such time as the County no longer retains the services of the Corp of Engineers. IN WITNESS WHEREOF, the County of Eagle, Colorado,has caused this Hold Harmless Agreement to be executed this _day of June, 1980. ATTEST: C ,e k of the Board of C unty Comm'SS7onerS COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS By: -0-ale. Grant, Chairman