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Home My WebLink AboutC03-318 WECMRD (!,{)S-~ I ~ - /0 LEASE AGREEMENT BETWEEN EAGLE COUNTY AND WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of Oe.. +vb ~I, 2003, by and between Eagle County, Colorado, a body politic and corporate, acting by and through its Board of Commissioners (hereinafter referred to as the "County") and the Western Eagle County Metropolitan Recreation District, a quasi-municipal corporation and politi- cal subdivision of the State of Colorado (hereinafter referred to as the "District"). RECITIALS WHEREAS, the County owns property located in Eagle, Colorado, commonly known as the "New Fairgrounds," as more particularly described in the attached Exhibit "A" (hereinafter referred to as the "Property"); and WHEREAS, the County previously entered into a lease agreement with the District in which the Dis- trict 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 en- gage; and WHEREAS, the District contemplated constructing facilities in phases; and WHEREAS, the District, at its sole expense, subsequently constructed in phase I ("Phase f'), 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 enter into another lease agreement with the County in which the District will lease approximately 4.996 acres, more or less, on the New Fairgrounds property, as more particularly described in the attached Exhibit "B" (hereinafter referred to as Parcel ''B'') for purposes of providing recreational activities; and WHEREAS, the District is willing to pay for the costs required for constructing and developing new recreation fields on Parcel B (hereinafter referred to as the "Recreation Fields" or "Fields"). COVENANTS NOW, THEREFORE, in consideration of the recitals stated above and the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which is acknowledged, the County and the District agree as follows: SECTION ONE CONSTRUCTION OF THE FIELDS 1.1 Construction. The District shall construct on Parcel B new Recreation Fields to be used for soc- cer, football, and lacrosse practices. The Fields will not be illuminated for night use. The District ac- knowledges that it will be required to obtain a building permit and any other permits and approvals from the appropriate governmental authority before commencing any construction. In addition, the District ac- knowledges that if the County construc1Sany ofthe design elements as defmed in the Eagle County Fair- grounds Master Plan for the Property on Parcel B ("Design Elements"), the District will be responsible for removing any improvements that it has previously constructed at its own expense. 1.2 Water. The District shall be responsible for obtaining, but shall not be obligated to obtain, water for purposes other than irrigation. The District shall relocate any existing irrigation ditch, if applicable, which serves other properties and is also affected by construction of the Recreation Fields. Moreover, if requested by the County, the District shall apply to the County for use of water from any existing ditch and obtain the necessary permits to install a water pump station on Parcel B. 1.3 Operation and Maintenance. Upon completion, the Fields shall be operated and maintained by the District subject to the terms of this Agreement. 1.4 The County reserves the right to further develop or improve the remainder of the New Fairgrounds as it sees fit, regardless of the desires or view of the District, and without interference or hindrance. In addition, the District acknowledges the current uses put to the properties adjacent to subject property by other tenants ofthe County and waives any claim or objection it may have now or in the future regarding such uses, so long as such uses remain unchanged. 1.5 District shall commence construction of the improvements within five (5) years, or County may terminate the lease upon ten (10) days' written notice. The District may elect to terminate the lease upon ten (10) days' written notice at any time prior to the commencement of construction. SECTION TWO RENT 2.1 Rent. The District agrees to pay County a fixed rent for Parcel B at the rate of One Dollar ($1.00) per year, payable in advance. Receipt of the prepaid rent for the entire term is hereby acknowledged. In addition, the above stated rent does not include utilities. SECTION THREE USE AND MAINTENANCE OF THE FIELDS 3.1 Use of Fields. For the term of this Agreement and any extensions hereof, the County hereby 2 leases Parcel B to the District and the District hereby leases Parcel B from the County, for the purpose of operation and maintenance of the Fields and for the purpose of providing the County's constituents with a place for recreational activities and events approved by the District pursuant to this Agreement. 3.2 User Rates and Fees. The District may institute reasonable program and user rates for the use of the Fields. However, County sponsored events shall not be subject to any user fees for use of the Fields. All program fees and user fees associated with use of the facilities during the term of this Agreement shall accrue to the District to pay for the operation and maintenance of the Fields. 3.3 Maintenance Expenses. All costs associated with the operation and maintenance of the Fields, including payment of all utilities and on-going expenses, maintenance of the landscaped areas connected with the Fields and operation of the recreation programs within the Fields, shall be borne by the District. The District shall keep the Fields and all equipment facilities and fixtures therein contained in good order, and in a clean, sanitary, safe, and aesthetically pleasing condition, permitting no waste, damages or injury to the Fields. 3.4 District Volunteers and Employees. Any persons employed by, or any volunteers used by, the District for the operation and management of the Fields, including the operation of recreation programs within the Fields, shall be deemed employees or volunteers of the District and shall not be considered employees or volunteers of the County for any purpose. SECTION FOUR AUTOMATIC RENEWAL AND TERMINATION OF LEASE 4.1 This Agreement shall expire on 31, 2024 or earlier if the County chooses to construct any Design Elements. Should the County choose to construct any Design Elements, it shall notify the District in writing no less than one hundred and eighty (180) days before the construction commencement date. The Agreement may be renewed unless either party notifies the other in writing no less than thirty (30) days before the renewal date of that party's intent not to renew. SECTION FIVE SIGNS & ALTERATIONS 5.1 The District may erect the following signs: Scoreboards, bulletin boards, and signs providing in- formation related to recreational activities or use of facilities; directional and traffic control signs; and tournament banners. The District may also erect an entrance sign, the style of which shall be approved by the County before construction. All signs must be of a professional quality and follow guidelines in the Eagle County Land Use Regulations. The District shall not erect or install any other exterior signs or window placards without County's prior written consent. County may remove any sign or advertising or display device erected or maintained in violation of the foregoing provisions, and the cost of such removal shall be paid by District as additional rent. 3 5.2 The District shall not make any material repairs, alterations or additions to Parcel B or make any exterior decoration or painting without first procuring County's written consent. SECTION SIX REMEDIES 6.1 If, through any cause, one of the parties fails to fulfill in a timely and proper manner its obliga- tions under this Agreement, and does not, after thirty days written notice of such event given by one of the other parties to this Agreement, cure such default, then the non-breaching party may terminate this Agreement. 6.2 The parties understand and agree that Section 20 of Article X of the Colorado Constitution con- tains certain restrictions on multiple fiscal year fmancial obligations. Therefore, unless otherwise speci- fied herein, the financial obligations of the County and the District under the provisions of this Agreement are expressly contingent upon such funds being appropriated, budgeted, reserved and otherwise made available each year on an annual basis. In the event the County or District fails to appropriate, budget or otherwise make such funds available in any year to fulfill the obligations under this Agreement, the other party may terminate this Agreement. Notwithstanding anything to the contrary contained in this Agree- ment, the County shall have no obligations under this Agreement nor shall any payment be made in re- spect of any period after December 31 of each calendar year during the term of this Agreement, without prior appropriation therefore by Eagle County in accordance with a budget adopted by the Eagle County Board of County Commissioners in compliance with applicable provisions of law. SECTION SEVEN LIABILITY AND INDEMNIFICATION 7.1 To the extent permitted by law, the District shall indemnify, defend and hold the County harmless from and against any and all claims arising from the District's use of the Fields and associated facilities or from the conduct of any activity, program or thing that may be permitted or suffered by the County in or about the Fields, except that neither the District, its agents or its employees will be liable under this para- graph for any claim, loss, damage, cost, charge or expense arising out of any negligent act by the County during the performance of this Agreement. The parties agree that nothing contained herein waives or is intended to waive any protections that may be applicable to the District under the Governmental Immu- nity Act, Section 24-10-101 et. seq., C.R.S., or any other rights, protections, immunities, defenses or limi- tations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. SECTION EIGHT INSURANCE 8.1 The District shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise, or in connection with the Districts' operation and use ofthe Fields. All insurance policies shall name the County as an additional insured. The bodily and personal injury limits of such policies shall be no less than the statutory 4 limitations as defined in the Colorado Governmental Immunity Act, Section 24-10-114, C.R.S., with an amount of $500,000 per occurrence and $1,000,000, in the aggregate, or such other amounts as provided by law. SECTION NINE NOTICES 9.1 All notices that may be required or given pursuant to this Agreement by a party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States first class mail, postage prepaid, and addressed as follows: DISTRICT Recreation Director Western Eagle County Metropolitan District P.O. Box 246 Eagle, CO 81631 COUNTY County Administrator Eagle County P.O. Box 850 Eagle, CO 81631 9.2 The address to which any notice, other writing may be given to any party as written above pro- vided may be changed by written notice given by such party as above provided. SECTION TEN MISCELLANEOUS PROVISIONS 10.1 No modification or waiver of this Agreement or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all parties. 10.2 This written Agreement embodies the whole Agreement between the parties and there are no in- ducements, promises, terms, conditions or other obligations made or entered into by the parties other than those contained herein. 10.3 This Agreement shall be binding upon the parties hereto, the respective successors or assigns, and may not be assigned by any party without the express written consent of the other parties. 10.4 All terms contained in this Agreement are severable and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term or condition is not contained herein. 5 10.5 The signatories to this Agreement affirm and warrant that they are authorized to enter into and execute this Agreement, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize their execution of this Agreement have been made. 10.6 This Agreement may be amended from time to time by a written agreement duly authorized by all the parties to this Agreement. 10.7 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 10.8 This Agreement shall be governed by the laws of Colorado. Venue and jurisdiction for any dis- pute arising from or out of this Agreement shall lie with the District Court in and for Eagle County, Colorado. 10.9 The District shall have at all times the full and free right of ingress to and egress from the Fields and facilities constructed thereon. Such right shall extend to persons or organizations furnishings services to the District, including vehicles and machinery. The County and County's authorized representatives shall at all times have the right to enter upon and inspect the fields. 10.10 The District shall not assign this Agreement, sublet, or grant any concession or license to the premises or any part thereof. An assignment, subletting, concession or license, or an assignment or a sub- letting by operation oflaw, shall be void and shall at the County's option, terminate this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: EAGLE COUNTY STATE OF COLORADO BY AND THROUGH ITS BOARD OF C UNTY COMMISSIO RS By: 6 ATTEST: WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado ~~e:S~4 ~ G:\WM\WECMRD Lease Fairgrounds V4.doc By: Title: Cf2 '- LJQL ~ ~',.~~.--., 7 . . \), I I 41 t ~.... , .. EXHIBIT "B" LEGAL DESCRIPTION A lease to Western Eagle County ivletropolitan Recreation District (\VECMRD), for recreational use, located on a parcel of land situate in portions of Tracts 46D and 66D, all being located in T5S, R84\V, 61h P.M., in the County of Eagle, State of Colorado, according to the Independent Re5urvey of the Township as accepted by the U.S. Surveyor General's Office on June 20, 192"2. being a part of that property described in Book 570 at Page 593 at the office of the recu:-cer of said Eagle County the perimeter of said lease being described as follows: Commencing at a 2 Y; diameter Brass cap marked for comer 3 of Tract 67, T5S, R84\V, 61h P.M. from whence a 2 YJ diameter Brass cap marked for comer 4 of said Tract 67, bears N87057'3TE 1297.25 feet, with all bearings contained herein being relative thereto; thence N85021 · 46"\V 1687.31 feet to the Point of Beginning; from whence a 2 Y: diameter Brass cap marked for comer 2 of said Tract bears N55c06'29"E 2118.25 feet; thence along the perimeter of said lease the follo\\ing six (6) courses: 1) S.04044'05"E 863.15 feet; 2) N85017'03"E 249.14 feet; 3) N04022'54"W . 503.72 feet; 4) N06026'29"E 159.64 feet: 5) NIoo37'16"\V 158.62 feet; 6) N85008'15"W 270.70 feet to the Point of Beginning; ~ Said Lease Parcel contains 4.996 acres more or less. . j:. f 'j 'f! 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