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Home My WebLink AboutC03-316 WECMRD ... - -. C,~-Sfb -Jd *'". .. , ~TAMENDMENTTOLEASEAGREEMENT BETWEEN EAGLE COUNTY AND WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT This First Amendment to theikease Agreement (hereinafter referred to as the "First Amendment") is made and entered into this ~ Oay of (!)cJob~ ,2003, by and between Eagle County, a body politic and corporate, acting by and through its Board of County Commissioners (hereinafter referred to as the "County") and the Western Eagle County Metropolitan Recreation District, a quasi-municipal corporation and political subdivision of the State of Colorado (hereinafter referred to as the "District"). RECITALS WHEREAS, the County owns property located in Eagle, Colorado, commonly knoWlas the "New Fairgrounds," as more particularly described in the attached Exhibit "A" (hereinafter referred to as the "Property"); and WHEREAS, the County entered into a lease agreement with the District on February 23, 1993 (hereinafter referred to as the "Lease"), in which the District leased approximately 22 acres located at the Property (hereinafter referred to as Parcel "A") for the purposes of providing recreational activities and all other purposes in which the District may legally engage; and WHEREAS, the District contemplated constructing the facilities in phases; and WHEREAS, the District, at its sole expense, subsequently constructed in phase I ("Phase I"), one or more softball fields and related amenities, such as spectator seating, safety fencing, a public toilet facility, snack bar, and a parking area designed to accommodate approximately 50 passenger vehicles per playing field; and WHEREAS, the District now desires to continue its construction of recreation fields and related amenities such as improving an existing baseball field, lighting existing baseball and multi-sport fields and construction ofa maintenance building (a 30' by 60' metal structure with root); and WHEREAS, the District is willing to pay for the costs required for renovating, converting, construct- ing and developing the recreation fields and related amenities on Parcel A (hereinafter referred to as the "Recreation Fields" or "Fields"); and WHEREAS, the parties agree that the Lease authorizes the District to construct on the Property (in phases) a recreation complex, including one or more recreation fields, a soccer field, an administration building, other recreation facilities, ancillary and support facilities, and parking. NOW, THEREFORE, in consideration of the mutual promises set forth herein and in the Lease, the parties agree to amend the Lease as follows: 1. The District, at its own expense, may improve an existing baseball field. 2. The District may adopt the existing multi-sport field for youth baseball and/or adult softball .. . while maintaining its suitability for soccer, lacrosse, football and other field sports. Adaptations may in- clude: backstop. Dugouts, outfield fencing on the west edge of the existing field. The District shall pro- vide a copy of its construction plans to the County for approval prior to construction. The County agrees that it shall not unreasonably withhold approval. 3. The District shall install new lighting for the baseball and multi-sport fields. Lighting for the Fields shall be designed such that the focus of illumination remains on the playing areas, and spill and glare beyond playing areas are reduced to a minimum. The District shall provide a copy of its lighting plan to the County for approval prior to installation. The County agrees that it shall not unreasonably withhold approval, however uses of new lighting technology shall be implemented whenever possible. 4. Subject to the District obtaining all required building and use permits, the District shall con- struct a maintenance building on the south edge of the parking lot between the sports fields and the Eagle County Animal Shelter. The maintenance building shall not exceed a 40' by 60' fully enclosed metal structure. The District agrees to provide for the adequate storage of materials, including but not limited to solvents, and other flammable or combustible materials if stored in the maintenance building. 5. The District shall commence construction of the improvements within twelve (12) months of the execution of this First Amendment, or the County may terminate this First Amendment upon ten (10) days written notice. The District may elect to terminate this First Amendment at any time prior to the commencement of construction. 6. Except as herein expressly amended, the terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Lease Agreement between the County of Eagle, State of Colorado and the Western Eagle County Metropolitan Recreation District. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONE By: 2 ".,. . . - .... .., '. ATTEST: WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT I 'i~ By: (_~1" Secretary By: CV~ p~. President (Acknowledgements Follow) STATE OF COLORADO) ) ss: County of Eagle ) The foregoing was acknowledged before me this (,~r\ \; lJur h's l.~ day of ~ , 2003, by My commission expires: 3 EXHffiIT "A" IS IN FILE NO. 82-208 SAME EXHffiIT "A" TO ORIGINAL LEASE (C93-24-04)