HomeMy WebLinkAboutC05-064 Crown Mountain Park and Recreation District
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LEASE AGREEMENT
BETWEEN
EAGLE COUNTY, COLORADO
AND
CROWN MOUNTAIN PARK AND RECREATION DISTRICT
This Lease Agreement (hereinafter referred to as the "Agreement") shall be effective
March 2005 between Eagle County, Colorado, 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 consisting of approximately 132 acres (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 the development of passive and active recreation for the benefit of the
citizens of Eagle County; and
WHEREAS, County has previously, by lease agreement dated November 18,2003, leased
approximately 43.371 acres of the Property to the District for the purpose of providing
community athletic activities and programs to the residents of Eagle County, Colorado; and
WHEREAS, the District desires to continue to lease the 43.371 acres as well as an
additional approximately 37.329 acres from Eagle County as shown on Exhibit A. The total of
approximately 80.7 acres shall be known as the "Leased Premises." A legal description for the
Leased Premises shall be prepared in a form acceptable to Eagle County and attached to this
Agreement as Exhibit B within thirty days of execution of this Agreement; and
WHEREAS, the parties agree that this Agreement shall supersede and replace in all
respects the lease agreement dated November 18, 2003, and that agreement shall no longer be of
any force and effect; and
WHEREAS, a portion of the Property includes seven (7) buildings formerly used by the
US Forest Service. The portion of the Property containing those buildings shall be known as the
Forest Service Building Parcel and is identified on Exhibit A. The Forest Service Building
Parcel is expressly not leased to the District; 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 ofthe County to
lease the forest service buildings to any new third party (excluding the Town of Basalt) for a
period ofthree (3) years; and
WHEREAS, the District submitted a request to amend the PUD to allow for the
development of a portion of the Property for passive and active recreation. The PUD amendment
was considered and approved by resolution of the Eagle County Board of County Commissioners
on February 22, 2005; and
WHEREAS, the District is willing to pay for the costs required to construct and develop
improvements to the Leased Premises, and after construction and development, operate and
maintain the Leased Premises; and
WHEREAS, the County and the District desire to cooperate with one another in the
construction and use of the Leased Premises; and
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
RECITALS INCORPORATED
The parties agree that the recitals set forth above are true and accurate. The recitals are
hereby incorporated into this Agreement as if fully set forth herein.
SECTION TWO
LEASED PREMISES
The County hereby leases to District, and District hereby leases from the County, the
Leased Premises, consisting of approximately 80.7 acres as shown in the attached Exhibit A and
incorporated herein.
SECTION THREE
TERM
3.01 The term of this Agreement is for twenty-one (21) years. Notwithstanding the effective
date of this Agreement, the parties agree that the term commenced on November 18,2003, and shall
end on November 18, 2024, unless terminated earlier as specified herein.
3.02 If at the conclusion of the term of this Agreement as identified in paragraph 3.01
above, the County does not elect to extend the term of this Agreement, then 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 or at a price mutually agreed to by the
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parties. If District is in default under the terms of this Agreement or termination of this
Agreement is pending pursuant to Section 12 hereof at the expiration of this Agreement then
County shall have no obligation to purchase fixtures and improvements. In the event the parties
agree to extend the lease term beyond the 21 year term identified in paragraph 3.01 hereof, then
County shall not be obligated to purchase District improvements and fixtures. The parties agree
that this section shall not apply to any improvements made by County or fixtures installed or paid
for by County.
Title to all improvements and fixtures shall vest in County upon the expiration or earlier
termination of this Agreement.
3.03 Notwithstanding anything to the contrary herein, in the event that any funding for
present or future District improvements on the Leased Premises requires this Agreement to have
a term extending beyond November 18,2024, 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.
SECTION FOUR
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 FIVE
USE AND MAINTENANCE OF LEASED PREMISES, REVIEW PRIOR TO SITE
DISTURBANCE AND BUILDING, SQUARE FOOTAGE ALLOWANCE
5.01 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 Amended Planned Unit
Development (hereinafter referred to as the "PUD") subject to the terms of this Agreement. 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.
5.02 First class standards of design and construction will be required in connection with
all work and improvements on the Leased Premises. All work performed shall conform to all
applicable statutes, ordinances, building codes, and applicable regulations.
5.03 The District shall construct at its sole cost and expense facilities and improvements
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which are permanent and consistent with design, materials and landscaping specifications
approved by Eagle County. The District shall submit to County for its approval a landscape plan
for the Leased Premises which approval shall not be unreasonably withheld. No landscape
materials shall be used which are likely to be attractive to bears, including those that produce
nuts, berries and/or fruits.
5.04 The District shall implement noxious weed mitigation measures consistent with the
Colorado Noxious Weed Act and the Eagle County Weed Management Plan, and shall promptly
develop and implement an Integrated Pest Management program( s) for any pest species
determined by the Eagle County Weed and Pest Coordinator to adversely affect or potentially
affect human health and safety or be detrimental to the site use objectives (e.g., Wyoming ground
squirrels and mosquitoes).
5.05 The composition of seed mix, by species, for the proposed "native grass" areas shall
be provided to the Eagle County Weed and Pest Coordinator prior to making any landscape
improvements on the site.
5.06 The District intends to grade the Leased Premises and borrow fill materials from the
Property. The District agrees to restore the Property and Leased Premises through seeding or
other means to a condition consistent with that existing prior to any site disturbance. The District
shall provide a reclamation and restoration plan to the County for approval prior to any site
disturbance. County shall not unreasonably withhold its approval.
5.07 Prior to any construction other than over lot grading and associated drainage
improvements the District shall provide complete engineering and construction drawings and
other engineering detail which are satisfactory to the County Engineer. The construction plans
for any improvements, which have not been previously approved by the County Engineer shall be
subject to review and approval by the County Engineer prior to issuance of a building permit or
grading plan for those improvements. Further, prior to the construction of any facilities or
improvements on the Leased Premises, the District shall be required to obtain approval of the
design, architectural and aesthetic features and materials from Eagle County which approval shall
not be unreasonably withheld. It is further agreed that the District shall not alter, remove or
demolish any improvements on the Leased Premises without the prior written consent of the
County which consent shall not be unreasonably withheld.
5.08 Exterior Lighting: Lighting for playing 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 submit a lighting plan to County for approval prior to
installation. Such approval shall not be unreasonably withheld.
5.09 Signs: The District may erect the following signs subject to approval by the Board
of County Commissioners: scoreboards, bulletin boards, and signs providing information related
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to recreational activities or use of facilities and directional and traffic control signs. All signs
must be of professional quality and follow guidelines in the Eagle County Land Use Regulations.
County may remove any sign or advertising or display device erected or maintained in violation
of the foregoing, and the cost of removal shall be paid by the District as additional rent.
County shall allow limited advertising or event signage to be installed on recreation fields
or the Leased Premises by the District or any authorized user thereof. Any such advertising or
event signage shall comply with all applicable laws, rules and regulations relating to advertising
or event signage of the County and/or District, if any.
The District agrees that any advertising or event signage shall be for the duration of the
specific event or tournament only and no seasonal or permanent signs are permitted, except for
those signs identified in the first paragraph of this section 5.09.
The District agrees that it shall not allow any advertising of alcohol or tobacco products
or any other advertising which is not approved by the Eagle County Board of County
Commissioners, or its designee.
5.10 Square Footage Allowance: The County hereby approves the development of a
concession building on the Leased Premises which the parties agree shall not exceed 2000 square
feet. Prior to constructing additional buildings, the District shall seek approval from the County.
5.11 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. The rules and
regulations shall be approved by Eagle County; such approval shall not be unreasonably
withheld.
5.12 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. 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.
5.13 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.
5.14 The District may institute reasonable fees for the use of the Leased Premises.
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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.
5.15 The District shall not undertake any improvement nor implement any activity that is
contrary to the Wildlife Management and Enhancement Program which is part of the Wildlife
Analysis Report dated October 16,2000, and recorded at Reception No. 754139.
5.16 The District shall not cause any liens or encumbrances to attach to the Leased
Premises and any such lien or attachment shall be discharged promptly.
5.17 The District shall commence construction of improvements as presented to the
Board of County Commissioners in the February 8, 2005 work session and February 1 and
February 8, 2005 PUD Amendment hearing within one (1) year from the date of execution ofthis
Agreement and all improvements shall be completed within two (2) years of the effective date of
this Agreement. Notwithstanding the provisions of Section Twelve hereof, should the District
fail to timely commence construction or fail to timely complete construction of all
improvements, County may terminate this Agreement upon ten (10) days written notice. In the
event of such termination County shall have no obligation to purchase fixtures and improvements
as identified in paragraph 3,02 hereof.
SECTION SIX
WATER
6.01 The parties recognize that the following documents affect water or establish contractual
obligations relating to water service to the Property and Leased Premises: Public Law 103-255 dated
May 19, 1994; Mid Valley Metropolitan District Eagle County Tree Farm Pre-inclusion Agreement
dated May 1,2000; Memorandum of Understanding between USDA Forest Service, White River
National Forest Sopris Ranger District and Eagle County, Colorado; Water Rights Lease between
Mid Valley Metropolitan District and Crown Mountain Park and Recreation District dated May 18,
2004; Mid Valley Metropolitan District Eagle County Mt. Sopris Tree Farm PUD Phase I Line
Extension Agreement.
6.02 Prior to the installation of any irrigation system on the Leased Premises and the
implementation of subsection 6.03 through 6.08 below, the District shall possess sufficient sources
of irrigation water necessary to serve the District improvements and Leased Premises. The
sufficiency of such irrigation water shall be approved by the County Attorney with assistance from
the County's special water counseL
6.03 Pursuant to the District's PUD Amendment submittals, the District plans to irrigate up
to 45 acres of the Leased Premises. Upon approval pursuant to 6.02, the County shall make its
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existing wells located on the Property available to the District for the District's use in providing
irrigation water for the District's needs on the Leased Premises. That water shall be available for
irrigation of the Leased Premises by the District only to the extent that the County has water legally
and physically available from the wells and to the extent that the District establishes additional rights
to use the wells pursuant to subsection 6.06 below. The District's use of the wells shall at all times
be subordinate and subject to the County's needs and its contractual and legal obligations referenced
in Subsection 6.01 above. The County makes no representation regarding the legal and physical
reliability of the wells and the water available from the wells for the District's intended purposes.
The District shall be responsible for obtaining additional irrigation water as necessary for the Leased
Premises and for purposes other than irrigation.
6.04 The District shall operate the County's wells to provide its irrigation supply and to
maintain the wells in good operating condition, including the operation, maintenance, repair and
replacement ("OMR&R") offacilities such as pumps, meters and other devices associated with the
wells, at the District's sole cost and expense, subject to the County's contribution to such costs on a
pro-rata basis at such time, if ever, when the County's wells are used to provide supply to meet other
obligations as referenced in subsections 6.01 and 6.03 above. The District shall advise the County in
advance of its OMR&R activities on the wells. The wells shall remain permitted in the County's
name.
6.05 The parties agree that coordination and cooperation in water matters associated with
the Leased Premises is important. To that end, prior to entering into any agreements for domestic or
irrigation water or the provision of sewer service to the Leased Premises, the District shall provide
the County with a reasonable opportunity to review and approve such agreements. The County shall
not unreasonably withhold such approval.
6.06 The parties recognize that it may be necessary and appropriate to adjudicate water
rights and/or a plan for augmentation and to secure amended or new well permits for the wells in
order to provide a more legally reliable irrigation water supply for the Leased Premises. A temporary
substitute supply plan also may be legally acquired. The District shall be responsible for such
adjudications and plan, but shall submit any applications for Court or State Engineer confirmation
and/or approval of such matters to the County prior to filing the same and provide the County with a
reasonable opportunity to review and approve the same. The County shall not unreasonably
withhold such approval.
6.07 The District agrees that upon expiration or earlier termination oftms Agreement it shall
assign to the County any contracts related to water supplies and service or augmentation water
supplies associated with the Leased Premises and also shall convey to the County the title to any
water rights adjudicated by the District for use on the Leased Premises, The County will only accept
assignment and conveyance of such agreements, obligations and water rights as it chooses in its sole
discretion. Such assignment and conveyance shall be made for no additional consideration paid by
the County to the District.
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6.08 The District may wish to install a pond or series of ponds on the Leased Premises. The
layout of such ponds must be reviewed and approved by the County prior to installation of the same.
It shall be demonstrated prior to construction of any pond or ponds other than the initial detention
pond, that complete engineering and construction drawings and other engineering details for the
pond(s) have been provided and an appropriate pond management plan addressing issues such as
algae growth has been developed and properly implemented. The District shall be responsible to
provide water rights for ponds as a part of its adjudication of water rights and a plan for
augmentation referenced in Subsection 6.06 above.
SECTION SEVEN
UTILITIES AND SERVICES
The District shall be responsible for providing utilities and services to the Leased Premises
including but not limited to, trash removal, water, sewer, general lighting, electrical power, and
telephone and heating at the District's expense. The District agrees that County shall not be liable for
failure to supply any utility services or for damages to persons or property for any discontinuance of
such services.
SECTION EIGHT
INSURANCEIDESTRUCTION TO IMPROVEMENTS
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 in connection with
the District's operation and use of the Leased Premises. All insurance policies shall name the
County as an additional insured and copies of such policies shall be provided to County upon
request. 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.
If the improvements or any portion thereof is destroyed or damaged by fire or otherwise
to an extent which renders it unusable, the District shall rebuild or repair any portions of the
building structure destroyed or damaged. County shall not be liable for any loss or injury to
improvements on the Leased Premises by theft or burglary.
SECTION NINE
LIABILITY 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
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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 or County under the
Governmental Immunity Act, C.R.S. ~24-10-101 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.
No approvals granted hereunder shall subject the County to any liability from the District or
third parties and all activities conducted by the District on the Leased Premises shall be the sole and
exclusive responsibility of the District.
SECTION TEN
ASSIGNMENT AND SUBLETTING
The District shall not assign this Agreement nor any interest herein, or permit the use of the
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 ELEVEN
ACCESS TO LEASED PREMISES AND LICENSE TO USE PUMPHOUSE
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 practicable as
the County deems it necessary to enter upon the Leased Premises.
A pump house is presently located on the Property but is expressly not included in the
Leased Premises and is not subject to the terms of this Lease Agreement. See Exhibit A attached
hereto and incorporated herein by reference. County hereby grants a revocable license to the
District for the purpose of allowing access to the pump house in order to access and run the
irrigation system which serves the Leased Premises.
SECTION TWELVE
TERMINATION/SPECIFIC PERFORMANCE
12.01 This Agreement may be terminated upon the occurrence of any of the following:
A. Default of the District in the performance of its obligations hereunder;
B. If the District is in default under any other Agreement with County;
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C. If District becomes insolvent;
D. If District gives permission to any person to use the Leased Premises for any
illegal purpose or purpose contrary to this Agreement;
In the event of default, and prior to termination, County shall first give the District 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 District 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.
12,02 Upon expiration ofthe sixty (60) day cure period and mediation as identified above,
County may elect to (a) allow this Agreement to continue in full force and effect and to enforce all of
County's rights and remedies hereunder; or (b) County may elect to reenter and take possession of
the Leased Premises and expel the District and remove all effects as may be necessary, without
prejudice to any remedies for damages or breach, Title to all improvements and fixtures located upon
the Leased Premises shall pass to County free and clear of any liens or encumbrances upon
termination as set forth in this Section 12 without the requirement for appraisal and payment as
identified in Section 3 hereof. 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.
12.03 No such termination of this Agreement shall relieve the District's liability or
obligations under this Agreement.
12.04 As an alternative to the right of termination, in the event of default, the County 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.
12.05 No failure of County to insist upon the strict performance of a term,
covenant or agreement contained in this Agreement, no failure by County to exercise any right or
remedy under this Agreement, shall constitute a waiver of any such term, covenant or agreement
or a waiver of any such right or remedy or a waiver of any default by the District.
SECTION THIRTEEN
NOTICES
13.01 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.
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COUNTY DISTRICT
County Administrator Ross Stepp
500 Broadway 20 Eagle County Drive
P.O. Box 850 Suite F
Eagle, CO 81631 EI Jebel, CO 81632
Tel. 970 328-8700 Tel. 970-963-6030
13.02 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 FOURTEEN
ATTORNEY FEES AND WAIVER OF RIGHT TO JURY
In the event of any 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 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 FIFTEEN
MISCELLANEOUS PROVISIONS
15.01 If any portion of this Agreement shall be declared invalid or unenforceable, the
remainder of the Agreement shall continue in full force and effect.
15.02 This Agreement and all agreements herein contained shall bind the parties hereto and
their heirs, personal representatives, successors and assigns.
15.03 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.
15.04 The signatories below hereby represent and warrant that they have full authority to
enter into this Agreement on behalf of the respective corporations.
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15.05 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.
15.06 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.
15.07 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.
15.08 The financial obligations of the County and the District hereunder shall be subject to
and contingent upon future budgeting and appropriation for the same in accordance with Colorado
law.
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 its Board of County Commissioners
AT~
By:
Teak Simonton, Clerk to the Boar
County Commissioners
CROWN MOUNTAIN PARK AND RECREATION
DISTRICT
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CROWN MOUNTAIN PARK LEASE DESCRIPTION
A portion of Tracts 43, 45, and 46 of Section 3, Township 8 South, Range 87 West, 6th
Principal Meridian, Eagle County, Colorado, more particularly described as follows:
Beginning at Comer No.4 of said Tract 43; thence S.88039'00"W., a distance of 28.45
feet; thence S.00003'20"W., a distance of365.26 feet; thence West, a distance of 1,297.25
feet; thence N.75048'08"W., a distance of271.41 feet; thence S.89054'57"W., a distance
of279.89 feet; thence N.89056'13"W., a distance of260.04 feet; thence N.37014'16"W., a
distance of 428.26 feet; thence N.64013'58"W., a distance of 491.55 feet; thence
N.12006'11 "W" a distance of251.35 feet; thence N.89059'20"E., a distance of 359.76
feet; thence North, a distance of 177.46 feet; thence East, a distance of 64.88 feet; thence
North, a distance of 118.34 feet; thence S.59022'06"E., a distance of71.19 feet; thence
S.88036'56"E., a distance of 505.67 feet; thence N.Ol 059'07"W., a distance of 587.65
feet, to a point on the south right-of-way line of Valley Road (Eagle County Road No. S-
3A); thence along said south right-of-way line N.89053'26"E., a distance of 1,014.91 feet
to a point on the CDOT frontage road boundary; thence departing said south right-of-way
line along said CDOT frontage Road boundary the following courses:
S.77032'15"E. a distance of 46.77 feet; thence 270.14 feet along a nontangent curve to the
right, with a radius of 568.11 feet, an interior angle of27014'39", and chord bearing
S.75022'29"E. a distance 267.60 feet; thence S.60053'59"E. a distance of220.58 feet;
thence departing said CDOT frontage road boundary S.26035'17"W., a distance of 58.98
feet; thence 187.97 feet along the arc of a non-tangent curve to the right having a radius
of 123.70 feet, an interior angle of87003'59", and chord bearing S.22015'39"W. a
distance of 170.41 feet; thence S.65047'37"W., a distance of73.64 feet; thence
S.20019'37"E., a distance of 115.09 feet; thence S.33055'15"E., a distance of201.82 feet;
thence S.30040'01 "E., a distance of 118.28 feet; thence S.46018'06"E., a distance of
109.35 feet; thence S.68040'57"E., a distance of 59.04 feet; thence S.82015'16"E., a
distance of313.99 feet; thence S.00ol6'29"E., a distance of393,05 feet; thence
S.88039'00"W., a distance of 101.60 feet to the POINT OF BEGINNING.
Containing 3,482,355 square feet or 79.944 acres, more or less.
Lease Description Prepared By:
Mark S. Beckler, P.L.S. No. 28643
Sopris Engineering, LLC