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HomeMy WebLinkAboutC03-340 Crown Mountain Park and Recreation District Qo 3 -:34-0 - (0 , , LEASE AGREEMENT This Lease Agreement (hereinafter referred to as the "Agreement") is made and entered into this 18th day of November, 2003 between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as the "County") and the Crown Mountain Park and Recreation District, a quasi-municipal corporation and a political subdivision of the State of Colorado acting by and through its Board of Directors (hereinafter referred to as the "District"). RECITALS: WHEREAS, Eagle County owns property commonly known as the Mt. Sopris Tree Farm in Basalt, Colorado (hereinafter referred to as the "Property"); and WHEREAS, the County is desirous of making certain portions of the Property available for use by the District for recreational development and management for the benefit of the citizens of Eagle County; and WHEREAS, the County desires to lease approximately 43.371 acres of the Property, excluding the parcel in which the seven (7) Forest Service Buildings are located (hereinafter referred to as the "Forest Service Building Parcel") for the purpose of providing community athletic activities and programs for the residents of Eagle County (hereinafter referred to as the "Leased Premises"); and WHEREAS, the County is willing to allow the District to develop a plan for the entire Property, irrespective of the fact that the entire Property is not within the Lease Premises; and WHEREAS, the District is of the understanding that a formal plan for development and any and all land use approvals is necessary prior to the entire Property being incorporated into the Leased Premises; and WHEREAS, the parties have entered into a certain Memorandum of Agreement dated November 18,2003 which, among other things, places restrictions on the right of the County to Lease the Forest Service Buildings to any new third party (excluding Town of Basalt) for a period of three (3) years; and WHEREAS, the District is willing to pay for the costs required to construct and develop the Leased Premises, and after construction and development, operate and maintain the Leased Premises; and WHEREAS, the County is cognizant of the fact that the District will not have the tax dollars for a period of time to maintain the Leased Premises; and WHEREAS, the County is willing to pay up to $25,000 for a maintenance contractor to provide maintenance for the District for a period of one (1) year for maintenance of the Leased Premises; and , , . 2 , WHEREAS, the County and the District desire to cooperate with one another in the construction and use of the Leased Premises; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 18 of Article XIV of the Colorado Constitution, Section 32-1-1001, C.R.S., and other applicable laws. NOW, THEREFORE, in consideration of the terms and covenants stated herein, including the rental amount, the sufficiency of which is hereby acknowledged, the County and the District agree as follows: SECTION ONE Leased Premises The County hereby leases to District, and District hereby leases from the County, the Leased Premises with an option that the District may expand in the future, as more particularly described in the attached Exhibit "A" and incorporated herein. The District agrees that it shall submit to the County, within three (3) years, following the commencement of this Agreement, a formal development plan to use the remaining property not part of the Leased Premises and the County approving such plan. The parties mutually agree that the County will not, for a period of three (3) years, lease nor assign any of its interest in the remaining property to any third-party. The parties agree that for no additional rent, the Agreement shall be amended to add the area described as the "Future Lease Area" in whole or in part, on the attached Exhibit "A" as part of the Property leased to the District. SECTION TWO lJ:r!!! 2.1 The term of this Lease is for twenty-one (21) years which term shall commence on the date of this Agreement and shall end on ~ ,37) . 2024, unless terminated earlier as specified herein. In no event shall this Agreement be renewed for a period beyond this term. 2.2 Upon the termination of this Lease, the County agrees that it shall purchase from the District all fixtures and improvements constructed on the Leased Premises by the District. The purchase price shall be determined by an appraisal performed by a licensed appraiser mutually acceptable to the parties. 2.3 Notwithstanding anything to the contrary herein, in the event that any funding for present or future District improvements on the Property requires this Lease to have a term extending beyond l\\ 0...4. 3D , 2024, the County upon notice, shall meet with the District to discuss the issue. However, the County is not obligated to extend the term of this Agreement, if it chooses not to. , 2 , , " - SECTION THREE Rent The District agrees to pay County a fixed amount of One Dollar ($1.00) per year for the term of this Agreement. By executing below, County acknowledges receipt of this rental sum paid in full, in advance, for the entire twenty-one (21) year term. SECTION FOUR Use of ProDertv and Maintenance of the Leased Premises 4.1 The District may construct on the Leased Premises such improvements as it may deem necessary and appropriate for the implementation of its Service Plan, including, without limitation, playing fields, buildings and/or other recreation facilities, ancillary and support facilities which may be needed in accordance with the approved Planned Unit Development (hereinafter referred to as the "PUD") and the Master Plan. The District acknowledges 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. Moreover, the District acknowledges it shall be responsible for any and all costs associated with any changes or amendments to the PUD. 4.2 The Leased Premises shall be available for use by the general public, including all organized leagues and teams, subject only to the District's rules, regulations and fee structures as may be adopted by the District governing the use of the Leased Premises. 4.3 All costs associated with the operation and maintenance of the Leased Premises, including payment of all utilities and ongoing expenses, maintenance of the landscape areas connected with the Leased Premises, and operation of the recreation programs within the Leased Premises, shall be borne by the District provided, that the County, without contribution by the District, shall provide snow removal services. The parties agree that the County will pay up to $25,000.00 for any and all maintenance, which shall be performed by a third party contractor and that the District shall be responsible for procuring such contractor for a period of one (1) year for Maintenance of the Leased Premises. The District shall keep the Leased Premises and all equipment and fixtures therein contained in good order, and in a clean, sanitary, safe and aesthetically pleasing condition, permitting no waste or injury/damages to the Leased Premises. 4.4 Any persons employed or independent contractors engaged by the District, or any of the District's volunteers participating in the operation and management of the Leased Premises, including the operation of the recreation programs on the Leased Premises, shall be deemed to be the employees, independent contractors or volunteers of the District and shall not be considered the employees, independent contractors or volunteers of the County for any purpose. 3 4.5 The District may institute reasonable fees for the use of the Leased Premises. County sponsored events, however, shall not be subject to any fees for use of the Leased Premises. All fees associated with use of the Leased Premises during the term of this Agreement shall accrue to the District to pay for the construction, operation and maintenance of the Leased Premises. SECTION FIVE Water The County shall provide irrigation water, to the extent of the amount that the County owns, for irrigation of the Leased Premises. The District shall be responsible for obtaining water for purposes other than irrigation. SECTION SIX Insurance 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 of the Leased Premises. 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 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 SEVEN Liabilitv and Indemnification 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 Leased Premises and associated facilities or from conduct of any activity, program or thing that may be permitted or suffered by the County in or about the Leased Premises, except that neither the District, its agents nor its employees will be liable under this paragraph 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 Immunity Act, C.R.S. ~24-1 0-1 01 et. seq., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. SECTION EIGHT AssUmment and Sublettine: The District shall not assign this Agreement nor any interest herein, or permit the use of the 4 " , Leased Premises by any person or persons other than the District. Moreover, the District shall not sublet the Leased Premises in whole or in part. SECTION NINE Access to Premises The County and County authorized representative( s) shall have the right to enter upon the Leased Premises at all reasonable hours (and in emergencies, at all times) to inspect the same, to make repairs, additions or alterations to the Leased Premises (if it so chooses) and for any lawful purpose. The County agrees to provide the District with reasonable notice whenever the County deems it necessary to enter upon the Leased Premises and agrees to protect the privacy rights and confidential information concerning the District=s clients. SECTION TEN TerminationlSDeeific Performance 10.1 This Agreement may be terminated upon the occurrence of any of the following: A. Default of the party in the performance of their obligations hereunder. B. In the event of default, and prior to termination, the terminating party shall first be required to give the party alleged to be in default written notice by registered or certified mail, postage prepaid and return receipt requested, specifying the nature of the default. Upon receipt of any such notice, the party alleged to be in default shall have sixty (60) days to cure any alleged default. Any dispute regarding the adequacy of any cure shall be first referred by the parties to mediation. In no event shall any termination be deemed to occur prior to the exhaustion of all appeals following any such mediation. 10.2 Upon the termination of this Agreement pursuant to this Article or pursuant to expiration of the stated term, the District shall peacefully surrender the Leased Premises to the County, and County upon or at any time after any such termination or expiration, may, without further notice, peaceably reenter the Leased Premises and take control of the same. 10.3 No such termination of this Agreement shall relieve the party's liability or obligations under this Agreement. 10.4 As an alternative to the right of termination, in the event of default, the non-defaulting party may elect to treat this Agreement as being in full force and effect and shall have the right to specific performance or damages or both. 5 SECTION ELEVEN Notices 11.1 All notices to be given with respect to this Agreement shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and return receipt requested, to the party to be notified at the following address or at such other address as either party may from time to time designate in writing. COUNTY County Administrator 500 Broadway P.O. Box 850 Eagle, CO 81631 Tel. 970 328-8700 DISTRICT 11.2 Every notice shall be deemed to have been given at the time it shall be deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. SECTION TWELVE Attomevs Fees & Waiver of Ri~ht to Jun' In the event of any mediation or litigation or other action or proceeding between the parties hereto arising out of the performance or nonperformance of this Agreement, or enforcement of any rights or remedies hereunder, including any indemnities herein contained, the prevailing party shall be entitled in such litigation, action or proceeding to also recover as part of any judgment, award or other relief, its reasonable attorney's fees and costs incurred. The County and the District expressly waive any right which either may have to trial by jury of any dispute arising under this Agreement relating to the issues of termination of this Agreement and rights to possession of the Premises. SECTION THIRTEEN Miscellaneous Provisions 13.1 If any portion of this Agreement shall be declared invalid or unenforceable, the 6 , ' remainder of the Agreement shall continue in full force and effect. 13.2 This Agreement and all agreements herein contained shall bind the parties hereto and their heirs, personal representatives, successors and assigns. 13.3 This Agreement shall be construed in accordance with the laws of the State of Colorado. The parties stipulate and consent to the exclusive jurisdiction and venue of the District Court, Eagle County, Colorado, in any civil action which might arise under this Agreement. 13.4 The signatories below hereby represent and warrant that they have full authority to enter into this Agreement on behalf of the respective corporations. 13.5 This Agreement, with attachments, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written statements, understandings or correspondence, if any, with respect thereto. This Agreement may be amended from time to time by a written agreement duly authorized by all the parties to this Agreement. 13.6 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. 13.7 The District shall have at all times the full and free right of ingress to and egress from the Leased Premises and facilities constructed thereon. Such right shall extend to persons or organizations furnishing services to the District, including vehicles and machinery. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners CROWN MOUNTAIN PARK AND RECREATION DISTRICT 7 \ . ~~.lli~ Title: G:\WM\Walt's Revised Crown Mountain Lease 7-24-03.doc 8 ( , EXHIBIT ~ LEGAL DESCRIPTION MT. SOPRIS TREE FARM - LEASE AREA Sheet 1 of 2 A parcel ofland located in Tract 43, Section 3, Township 8 South, Range 87 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Range as approved by the General Land Office in Washington, D.C. on October 7, 1927; said parcel, with all bearings contained herein based on the bearings as shown on the Final Plat of the Mt. Sopris Tree Farm Planned Unit Development as recorded on April 10, 2001 at Reception No. 754140, being more particularly described as follows: Beginning at a point on the northerly line of said Mt. Sopris Tree Farm from which Corner No.4 of said Tract 43, a 3" diameter USDA monument, bears S 710 12'09" E 2347.03 feet distant; thence along the northerly and westerly lines of said Mt. Sopris Tree Farm, said lines also being the southerly and easterly lines of United States Forest Service property, the following two (2) courses: 1. S 880 36'56" E 329.75 feet 2. N 01059'07" W 587.65 feet to a point on the southerly right-of-way line of Eagle County Road No. S-3A; thence along said southerly right-of-way line N 890 53 '26" E 1014.82 feet to a point on the southerly right-of-way line of Colorado State Highway No. 82; thence along said southerly state right-of-way line the following three (3) courses: 1. S 770 30'51' E46.83 feet 2. 270.13 feet along the arc of a curve to the right having a radius of 568.11 feet, the chord of which bears S 750 22'40" E 267.59 feet 3. S 600 53'57"E 120.90 feet to a point; thence departing said southerly state right-of-way the following ten (10) courses: 1. S 27054'25" W 126.87 feet 2. S 00010'19" W 240.48 feet 3. S 330 07'34" E 640.51 feet 4. S 500 43'46" W 336.45 feet 5. N 71059'08" W 749.09 feet 6. S 690 59'08" W 954.26 feet 7. N 800 11 '53" W 156.15 feet 8. N 090 14'01" W 153.90 feet 9. N 22000'43" E 63.25 feet 10. N 000 00'00" E 514.99 feet to the point of beginning. Said parcel contains 1,889,213 square feet or 43.371 acres, more or less. / EXHIBIT i\ LEGAL DESCRIPTION MT. SOPRIS TREE FARM - FUTURE LEASE AREA Sheet 1 of 2 A parcel ofland located in Tract 43, Section 3, Township 8 South, Range 87 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Range as approved by the General Land Office in Washington, D.C. on October 7, 1927; said parcel, with all bearings contained herein based on the bearings as shown on the Final Plat of the Mt. Sopris Tree Fann Planned Unit Development as recorded on April 10, 2001 at Reception No. 754140, being more particularly described as follows: Beginning at a point on the northerly line of said Mt. Sopris Tree Fann, said point also being on the southerly line of United States Forest Service property, from which Comer No.4 of said Tract 43, a 3" diameter USDA monument, bears S 710 12'09" E 2347.03 feet distant; thence departing said northerly line along the following four (4) courses: 1. S 000 00'00" W 514.99 feet 2. S 22000'43" W 63.25 feet 3. S 09014'01" E 153.90 feet 4. N 860 19'59" W 167.73 feet to a point on the southerly line of said Mt. Sopris Tree Fann, said point also being on northerly line of United States Forest Service property; thence along the southerly and westerly lines of said Mt. Sopris Tree Fann, said lines also being the northerly and easterly lines of said United States Forest Service property, the following four courses: 1. N 640 13'58"W 491.55 feet 2. N 120 06' II"W 290.82 feet 3. N25008'07"W318.78feet 4. N 03056'09" W 167.00 feet to a point on the northerly line of said Mt. Sopris Tree Farm, said point also being on southerly line of United States Forest Service property; thence along said northerly line of the Mt. Sopris Tree Fann, said line also being the southerly line of United States Forest Service property, the following four (4) courses: 1. S 89040'47" E 423.89 feet 2. S 21039'06" E 145.20 feet 3. S 590 22'06" E 190.11 feet 4. S 88036'56" E 175.92 feet to the point of beginning. Said parcel contains 535,044 square feet or 12.283 acres, more or less. y EXHIBIT -A- LEASE AREA MT_ SOPRIS TREE FARM Eagle County, Colorado Sheet 2 of 3 _ ~ngle County Rand N~S-3A ~ (Y) ~ w W I C/) W W C/) - :~~~ 89-53/~6' _~~ ~k~14.82/. - _= TRACT 43 POINT OF USFS BEGINNING - Tie to Corner 4, Tro.ct 43 <I S 71012'096 E 2347.03' ~I (J\ tJ.!. ~_. S 88-36'56' E. FUTURE LEASE AREA L SE AREA 9,213 sq. ft. 43.371 AC. ------ --.,// ~ . ~o~ ------s&q ------ 4 ______ ~ir:J4Z N71-59'08"J 749.09' ------ TRACT 43 ---- --- ---- (Y) ~ w W I (.I) W W C/) SRW 04-10-03 OOO15v\I_..2003\I-..L200.chrg ;ti MARCIN ENGINEERING LLC SCALE: 16 = 200' NOTICE: According to Colorado low you MUST commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event. may any action based upon any defect in this survey be commenced more than ten years from the dote of certification shown hereon. P.O. Box 1062 AVON, CO 81620 (970) 748-0274 (970) 748-9021 FAX P.O. Box 5018 EAGLE, CO 81631 (970) 328-1900 (970) 328-1901 FAX .2 EXHIBIT .{\- LEASE AREA MT_ SOPRIS TREE FARM C\J Eagle County, Colorado Sheet 3 of 3 I- W W I CI) Eogle County Rooo! No. S-3A .~77-30'51'E Coloroo!o Sto. te Hlghwo.y No. 82 - 46.83' RA .. c7-t ~ .. S 4'~ T .. 118.11 :t;,. _ _ --GB L :;"7{16;,,-- _ _ _ _ _ _ N 89-53'26' E 1014,82' J CH- _ S- ;~3' . . . I - C6 --r;;' 4 . m_m_'__"_"_"_"~_ . -.!: S9'0 ~ .-..... .r60-.s: \]~ . TRACT 43 w w CI) .......... ~.---.. \ ~. 9'o~ ---.. S69-59'08''J ~ ~.Og;-- 954,26' ---- C\J I- W W I CI) W W CI) Corner 4 Tro.ct 43 3D Dlo.Meter USDA MonUMent SRW 04-10-0;5 OOO15v\l_...2003\1.. L2llO.dq ;ti MARCIN ENGINEERING LLC SCALEI 1 u = 200' NOTICE: According to Colorado law yau MUST commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In na event, may any action based upan any defect in this survey be commenced more than ten years from the dote of certification shown hereon. P.O. Box 1062 AVON, CO 81620 (970) 748-0274 (970) 748-9021 FAX P.O. Box 5018 EAGLE, CO 81631 (970) 328-1900 (970) 328-1901 FAX :3 . . r . EXHIBIT A FUTURE LEASE AREA MT. SOPRIS TREE FARM Eagle County, Colorado Sheet 2 of 2 ---------- POINT OF BEGINNING I I I I I I L TRACT 43 USFS z o _w C1' ยท -..JUl . C1' _ o ' 00 '\I> .. - <, USFS FUTURE LEASE AREA 535,044 sq. ft. 12.283 AC. MeEC SOO.OO'OO'W 514.99' CJ ~~A ~ .-' -- USFS T /1 / I SCALE: 1" = 200' ~ MARCIN ENGINEERING LLC NOTICE; According to Colorado law you MUST commence ony legol oction bosed upon any defect in this survey within three years after you first discovered such defect. In no event. may any action based upon any defect in this survey be commenced more than ten years from the date of certification shown hereon. P.O. Box 1062 AVON, CO 81620 (970) 748-0274 (970) 748-9021 FAX P.O. Box 5018 EAGLE, CO 81631 (970) 328-1900 (970) 328-1901 FAX ../ !J