HomeMy WebLinkAboutC88-133 Voidance of Memorandum of Agreement of Use with Dept. of Military AffairsC88- 133 -17 VOIDANCE OF MEMORANDUM OF AGREEMENT OF USE WHEREAS, the Colorado Department of Military affairs (hereinafter "the Guard ") and the Board of County Commissioners of Eagle County, Colorado (hereinafter "the County ") executed a document entitled "Memorandum of Agreement of Use" dated May 26, 1987 (copy attached); and WHEREAS, the document, though submitted to the Colorado Attorney General, has not yet been approved by them, nor by others statutorily required to approve same; and WHEREAS, in any event the matter has been overtaken by subsequent occurrences and there is no longer any purpose for such memorandum; NOW, THEREFORE, it is agreed as follows: 1. The Guard having established a permanent Armory site at Eagle has no further need for the real property and outbuildings described on Exhibit A to the Memorandum, and by this document waives any color of interest the Guard may have had to such property. 2. The mobile home has been removed from the premises. 3. The Guard has no further need for the common recreation facility located in the County fairgrounds on a full time basis. Any temporary or occasional use will be by separate agreement with the County. 4. All terms and covenants of the memorandum have been complied with by both parties thereto, and each releases the other from any claim or demand whatsoever, except any inchoate claims of third parties which may arise. Neither party is aware of any such claims nor is aware of any circumstances which may give rise to such a claim. IN --WITNESS WHEREOF, the parties hereto fix their hands and seals this-`day of December , 198 8 commissioners ATTEST: THE COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners By: George, . Gates Chairman THE COLORADO DEPAR 7 NT OF MILITARY AFFAIRS (ZZ/ By: EL r France The Adjutant General TAE PARTMENT OR AGE.ICY NUMB ;! CONTRACTRROUTIqNG NUMBER MEMORANDUM OF AGREEMENT OF USE ���� .L WHEREAS, the Colorado Department of Military Affairs (hereinafter "The Guard ") is establishing a permanent location for training its members; and WHEREAS, the Board of County Ccmmissioners of Eagle County Colorado (hereinafter "The County ") recognizing such establishment to be mutually beneficial; and. WHEREAS, the establishment of such a location is contingent upon many factors, including funding of approval of *various authorities but the immediate presence is consistent and helpful in such establishment; NOW THEREFORE, for good and valuable consideration mutually recognized, it is agreed as follows: 1. The Countv shall provide to the Guard free of charge the use of the real property, ,bile home and outbuildins;s located thereon, described in Exhibit "A-" attacnea, ror the aeveiopment of an operations center. 2. The County shall in addition provide to the Guard free of charge use of a common recreation facility located on the County fairgrounds under the following arrangement: a. The area identified as an office area shall be for the exclusive use of the Guard. b. The common floor area will be available to the Guard except when necessary to the cperation of the fairgrounds in its activities (primarily two weeks during the summer). Scheduling for this joint use shall be coordinated with the County through its Building and Grounds Department. 3. The use of both facilities shall continue for a period of four years while the Guard is developing a permanent armory at Eagle, Colorado, suhject to the limitations recognized above. 4. Utility charges shall Le paid by the County. 5. The Guard shall have the right during the existence of this lease, to make alterations, attach fixtures, erect additions, structures or signs, in or upon the demised premises which fixtures, additions, structures or improvements so placed in, upon or attached to the said premises shall be and remain the property of the Guard and may be removed or otherwise disposed of by the Guard. Any alterations, improvements or additions made by the Guard that interfere with the operation, maintenance or development of the airport by the County, as may be determined by the administrator, Federal Aviation Agency,. in the reasonable exercise of its discretion, shall be removed by the Guard at Guard expense; but the Guard shall not be otherwise obligated to restore the premises on which alterations, improvements or additions may be or may have been made. The Guard may modify, alter, raze or remove such alterations, additions or improvements as it may have placed upon the premises. At the expiration of this agreement, the Guard shall surrender possession of the premises, and, if required by the County, shall within 30' days thereafter, return the premises in as good a condition as that which existed at the time of entering upon the same under this agreement, except for reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Guard has no control. In lieu of performance of any obligation hereunder to remove any fixtures, additions, structures, or signs or otherwise restore the premises, the Guard may make a cash settlement by supplemental agreement with the owner. 6. The County warrants that the mechanical equipment and the utilities will be in a good and serviceable and operating condition at the inception of this agreement. 7. The Guard shall maintain all structures and improvements in which the Guard has exclusive use, in good repair and tenable condition during the continuance of this agreement; however, the Guard shall have the right to make alterations, additions, improvements, or to raze and replace said buildings as long as the Guard returns to the County, at the termination of this agreement, improvements or structures which are equal to or greater in value or utility as to those delivered by the County to the Guard herein, allowing for reasonable wear and tear and depreciation. 8. The Guard hereby covenants for itself, successors and assigns that it will not erect or 'permit the erection of any structures nor permit the growth of any trees thereon which would be an airport hazard within the standards established under the Federal Aviation Agency Technical Standards Order N 18 as amended or any other applicable Federal Aviation Agency Standard. S. The Guard hereby covenants that it will not make use of said property in any manner which might interfere with the landing and taking off of aircraft from said Eagle County Airport or otherwise constitute an airport hazard. 10. The County shall not be responsible or liable for injuries to person or damage to property when such injuries or damage are caused by or result from the Guard's use of the premises under the terms of this agreement and are not due to the negligence of the County. 11. The Guard agrees to maintain the property in a neat and orderly fashion, and to not allow trash, garbage, or salvage to accumulate on said property, to the extent that it becoTms an eyesore or nuisance. 12. The Gard agrees to use subject property in compliance with County zoning regulations. IN WITNESS WHEREOF, the parties hereto fix their hands and seals this day of %'%r 1987. =u� ATTEST: ' �. fo /rZ! /r_- ?'�tJ Conm-is s ioners THE COWL l Y OF EAGLE, STATE OF COLORADO, By and Throw Its Board of County Cormis s loners TEE COLORADO DEPAMM OF MILITARY AFFAIRS ATTEST: By Mo YZ-V Pur3Lt L GOMYY1 %Cs QXrtrrs ' Z) /O /q APPROVED: DUANE WOODARD ATTORNEY GENERAL Assistant Attorney General DIVISION OF ACCOUNTS AND CONTROL State Controller EXHIBIT A A parcel of land being a part of Tract 54, Township 5 South, Range 85 West of the Sixth Principal Meridian, in the County of Eagle, State of Colorado, more particularly described as follows: Beginning at Angle Point No. 2 of Tract 54, Township 5.- South, Range 85 West of the Sixth Principal Meridian, being marked with an Iron Post and Brass Cap properly set and found in ; place, said corner being in accordance with the Independent Resurvey of said-Township and Range approved, by the U.S. Surveyor General's Office June 20, 1922; thence S89 001116 "E 170.70 feet along the Northerly line of said Tract 54 to the Westerly right -of -way of the Cooley Mesa Road as dedicated to Eagle County; thence along said right -of -way line S26 °10'10 "W 39.65 feet; thence along said right -of -way line along a curve to the left having a radius of 397.70 feet, a central angle of 12 015'06 ", and an arc distance of 85.04 feet, whose long chord bears S200 02137 "W 84.88 feet thence along said right -of -way line SlY55104 "W 244.66 feet; thence along said right- of -way line along a curve to the right having a radius of 495.80 feet, a central angle of 09 035134 ", and an arc distance of 83.01 feet, whose long chord bears S18 °42151 "W. 82.91 feet; thence along said right -of -way line along a curve to the right having a radius of 346.40 feet, a central angle of 13 111'35" and an arc distance of 79.76 feet, whose long chord bears S301 06'25 "W 79.59 feet to the Westerly line of said Tract 54, thence along said Westerly line N00 008'50 "E 503.10 feet to the Point of Beginning. AND the existingx•7ell for household use only, for one (1) single family dwelling, said well havi.n¢ been constructed pursuant to Colorado Division of Water Resources Permit 123612, located in the County of Eagle, State of Colorado, at the SE 1/4 of the SE 1/4, Section 3, Township 5 South, Range 85 West of Sixth Principal Meridian, including all water rights in said well and any water rights appurtenant to afocesaid property. Sahject to the following eel -_ gents: 1. 'A right of way easement as granted to Eagle Valley Telephone Company being 10 feet in width, as recorded January 11, 1979, in Book 280 at Page 689 and at Page 690. 2. Easement as granted to Holy Cross Electric Association, Inc., as evidenced in instrument recorded•May 4, 1982, in Book 339 at_Page 974.- 3. Easement and right of way granted to Holy Cross Electric Association as evidenced iri instruments recorded June 20, 1977, in Book 256 at Page 896 - and July 29, 1981, in book 326 at Page 927. 4. Right of way for ditches or canals constructed by the authority of the United States, as reserved in U.S. Patent recorded April 2, 1914, in Book 85 at Page 27. 5. Easement and right of way in instrument recorded December 23c,r 1963, in in Bookr1778 ate Page c178. Association 6. Easement and right of way as granted in Mountain States Telephone and Telegraph Company in instrument recorded June 25, 1936, in Book 116 at Paqe 404. Description of trailer located on such property: Description of Trailer 1982 Schult 14' by 66' Mobile Home Mobile Home, Body Style MH, DES 82, Title No. Eagle - 44E 122.661 Vehicle Identification No. P 179658. Page 2 of 2 - Exhibit "A" 11