HomeMy WebLinkAboutC05-064 Crown Mountain Park and Recreation District to!>-- ~ bJfJ 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 2 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 3 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 4 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. 5 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 6 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. 7 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 8 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; 9 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. 10 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. 11 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. 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C~- " ' . \ f--- I ' ~ , I ." \ .__ l.-~ . - J - - , > . -- --- ,~-' -- ,- i fxki hit v. it l{ 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