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HomeMy WebLinkAboutC03-341 Crown Mountain Park and Recreation District (!. 0"3 ~34-l- I~ MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT (hereinafter referred to as the r "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"). WITNESSETH: 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 (hereinafter referred to as the "Leased Premises"), excluding the parcel in which the seven (7) existing, United States Department of Agriculture Forest Service Buildings (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; and WHEREAS, the parties have entered into a lease Agreement dated November 18,2003, which among other things, entitles the District to use and occupy lands immediately adjacent to the Forest Service Building Parcel for the purposes consistent with the Crown Mountain Park and Recreation District Service Plan, the Planned Unit Development and the Master Plan. WHEREAS, the District desires to submit to the County, within three (3) years, following the commencement ofa lease agreement for the Property, a plan to use the Forest Service Buildings and the County approving such plan; and WHEREAS, in order to permit the District an opportunity to properly develop such a plan, for the three (3) year period following the commencement of a lease agreement for the Property, the District desires that the County not lease the Forest Service Buildings to any third party; and WHEREAS, the County and the District desire to cooperate with one another in the construction and use of the Recreation Fields. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 1. Recitals. The recitals set forth above constitute a material part of this Agreement. 2. Memorandum of Al!reement. This Agreement shall be subject to the approval of the County and the District by execution of this Memorandum of Agreement. 3. Non Use of Forest Service Buildinl!s. 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 Forest Service Buildings to any new third-party. However, this paragraph does not include the lease agreement or any future amendments to any lease agreements with the Town of Basalt. 4. Limited Ri2hts. Nothing contained here in this Agreement, or execution of the same shall be deemed to either grant to or secure for the District any development rights, nor constitute approval of any structure or facilities the District intends to construct on the Property. The District agrees, at its own cost and expense, to secure any necessary permits and rights under applicable federal, state and county zoning, environmental, and land use laws and regulations to develop and use the Property. 5. Governinl! Law. This Agreement shall be governed, construed and interpreted by and through and the laws of the State of Colorado. Venue is Eagle, Colorado. 6. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent provided by law. 7. Modification. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered, or amended in any way except through a written amendment signed by all the parties hereto. 8. Specific Performance. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year and date first above written. COUNTY OF EAGLE BY:~ ~ Miehael 1.:. Gallagher, hairman Y~'-L" - +~"lI--1 l 0 ll-t C!.. . S\-o \..J C 2 .! It APPROV7D A/~}<? F~/ :/- :/ L7~ ~~./// / \(~_ By:rd~&t . Eagle County Attorney's om STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this (<g~y of "^A: " E\-l. loe-;'--.-' 2003, by -Mtc;hacl L. CaH~".lr'as Chaifman and Teak J. Simonton as Clerk to the Board of County Commissioners. '"\ CJ ~ Q. S To u E Witness my hand and official seal. My commission expires: q l vi 7-0~ ' d , _dl 0 ~Q ~~t~ Notary Public ATTEST: t>~~ STATEOFCOLORADO ) ) ss: COUNTY OF EAGLE ) CROWN MOUNTAIN PARK AND RECREATION DISTRICT " . ~L''' ~~~-r/ urie Gi~-SolidaY, President ..,,,""K''''''_ &,\\,.... ON ~"',~ ~ ~.I.I ,.:lio..~~...... "..t~ .# ,.~~.. ..:~~ ~ --.I. .,~~ ;:: . .~.,.. ~ l ':NOTARy.. '% = : : = i. ' ยท = ;CA. PI.J : E ~A. BllC .0;:: -s:..- . .. ~'1r.... . I"fit.~ ~~A.. .. ~if ~'~O.......O~" ~,~ 'F: Co~ i\\\to"'~ '1"'''lftlllll"",'1 The foregoing instrument was acknowledged before me this JI day of ()cf~ . 2003, by Laurie Gish-Soliday as President and Dan Scherer as Secretary of Crown Mountain Park and Recreation District. Witness my hand and official seal. My commission expires: G:\WM\MEMORANDUM OF AGREEMENT Crown Mountain.doc 3