HomeMy WebLinkAboutC04-101 Hillcara, LLCa- .~ SECOND LEASE AMENDMENT ~I , SECOND LEA AMENDMENT is made and entered into this ~ ~ day of ~-~'-~~4 04, between Eagle County, by and through its Board of County Commission (hereinafter referred to as "Tenant") and Hillcara, LLC, a Colorado limited liability company (hereinafter referred to as "Landlord"). Landlord and Tenant entered into a Lease Agreement dated September 30, 2003 ("Original Lease") for the property described as 882 Chambers Road in Eagle, Colorado. The term of the Original Lease was from September 26, 2003 through November 30, 2003. In consideration of the terms and conditions of the Original Lease, the sufficiency of which is hereby acknowledged, and for the additional rental sum as set forth hereunder, Landlord and Tenant agree that this Amendment shall replace and supersede those sections of the Original Lease as follows: Article II -Term, shall be deleted in its entirety and replaced with the following: "Article II -Term. The term of this Amended Lease is from February 27, 2004 through September 30, 2004." Article Ill -Rent, shall be deleted in its entirety and replaced with the following: "Article III -Rent. Tenant agrees to pay Landlord a fixed amount of Five Thousand Dollars ($5,000.00) per month as the full and complete rental amount throughout the term of this Second Lease Amendment. Tenant agrees to make such payments on or before the 10`" day of each month. Notwithstanding the foregoing, Tenant and Landlord agree that the rent will be a fined amount of One Thousand Five Hundred Dollars ($1,500.00) per month for those months in which hearings in the matter of Kobe Bryant are neither scheduled nor conducted necessitating the use of the Property for parking by media vehicles. If a hearing occurs at any time during a particular month of this Amended Lease Term and the Property is utilized for media parking, Tennant agrees to pay the $5,000.00 sum for that month." Article VI -Repairs, Alterations and Improvements, Paragraph 2 shall be modified with the addition of the following: "Tenant may at its discretion place gravel or other similar surfacing on the Leased Premises to facilitate use of the lot for parking during the winter months." • ~ • Article X -Termination, Paragraph 2 shall be deleted in its entirety and replaced with the following: " 2. This Second Amended Lease may be terminated following the fmal disposition of the matter of Kobe Bryant by the Eagle County District Court. Additionally, this Second Amended Lease may be terminated if the matter of Kobe Bryant is transferred to another location for trial or further disposition." Landlord and Tenant agree that, except as expressly altered, modified and changed in this Second Lease Amendment, all terms and provisions of the Original Lease shall remain in full force and effect during the modified term, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this Second Lease Amendment and the Original Lease, the provisions of this Second Lease Amendment shall control. This Second Lease Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties have executed this Second Lease Amendment on the day and year first above written. TENANT: ATTEST: 3 ~ ~ By: ~ c®co~a~®® Teak J. Simon on Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Throu 'ts Board of County Commissioners By: -1 ~~. M _ ,. - -,1 LANDLORD: Hillcar LC By: a-r,, ~--~¢t~ Bob Gallegos I ATTEST: BY= ~,I~ ~I~