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Home My WebLink AboutC05-092 Berry Creek_amendment fJo6- aq:;. - to AMENDMENT TO LAND LEASE AND OPTION AGREEMENT c.. I"- BETWEEN ..... .. I") EAGLE COUNTY, COLORADO CS)N<5>(S) m....lO(S) AND 0<5> . ,..... oS) (S) BERRY CREEK LIMITED LIABILITY COMPANY -N CS) .. ::; 0 .... Ql tv) m..... THIS LEASE AMENDMENT is made and entered into this :2~ay of m Ill!') 0.<5> IS> M~U1 , 2005, between Eagle County, Colorado, a body corporate and politic (S) (S) organized and existing pursuant to the laws of the State of Colorado by and through its Board of County Commissioners (hereinafter referred to as "County") and Berry Creek Limited Liability Co., a Colorado limited liability company, (hereinafter referred to as "Berry Creek"). RECITALS 0 0 WHEREAS, County and Berry Creek have entered into a Development Agreement dated <Il OJ March 12,2002 and a Land Lease and Option Agreement dated August 20,2002 (hereinafter '" w referred to as "Lease"); and c 0 c 0 E WHEREAS, the County entered into that Lease for the purpose of leasing Tract D, Berry Ul Creek/Miller Ranch PUD, according to the plat recorded June 25, 2002, at Reception No. 799649, County of Eagle, and State of Colorado so that Berry Creek could construct single and multi-family housing; and WHEREAS, the County and Berry Creek have also entered into an agreement dated November 18, 2003 concerning the Miller Ranch Community Center. That agreement provides and establishes the County's desire and intent to construct a community center on Parcel I as shown on the Final Plat, Miller Ranch, a resubdivision of Tract D, Berry Creek/Miller Ranch PUD, County of Eagle and State of Colorado recorded at reception number 820378 in the office of the Eagle County Clerk and Recorder. WHEREAS, Berry Creek has agreed to remove any and all improvements which are presently located on Parcell no later than April 1, 2005 for the purpose of allowing construction of the community center; and WHEREAS, the Parties desire to remove Parcel 1 as shown on the Final Plat, Miller Ranch, a resubdivision of Tract D, Berry Creek/Miller Ranch PUD, County of Eagle and State of Colorado recorded at reception number 820378 in the office ofthe Eagle County Clerk and Recorder from the terms and conditions of the Lease. AGREEMENT In consideration of the terms and conditions of the Lease and Development Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are accurate and are incorporated herein by reference thereto. 2. The parties agree that the following parcel which is owned by County shall no longer be leased to Berry Creek and shall not be subject to the terms and conditions of the Development Agreement and Lease: Parcell as shown on the Final Plat, Miller Ranch, a resubdivision of Tract D, Berry CreeklMiller Ranch PUD, County of Eagle and State of Colorado recorded at reception number 820378 in the office of the Eagle County Clerk and Recorder. 3. The parties agree that, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to Land Lease and Option Agreement on the day and year first above written. COUNTY: GLE, STATE OF COLORADO it Board of County Commissioners ~ ~ . c. - TeakJ. Slmonton,LJ1~ ~ ~ .~ Clerk to the Board 0 County CommisslOher# LESSEE: IABILITY CO., mpany By: Name: Title: G:\JKS\miscellaneous\Land Lease Amendment.DOC DIANE H. MAURIELLO OFFICE OF THE County Attorney COUNTY ATTORNEY (970) 328-8685 FAX: (970) 328-8699 www.eaglecounty.us EAGLE COUNlY March 11, 2005 Mr. Ken Beck Berry Creek LLC c/o ASW Realty, Inc. 401 Paseo De Peralta Santa Fe, NM 87501 Re: Miller Ranch Community Center Dear Ken: Enclosed are four originals of an Amendment to Land Lease and Option Agreement between Eagle County and Berry Creek Limited Liability Company regarding the Miller Ranch Community Center parcel. Please arrange for all four copies to be signed and returned to this office as soon as possible for signing by Board of County Commissioners. A fully executed copy of the Amendment will be forwarded to you. Please do not hesitate to contact me if you have any questions. Very truly yours, 1J1!1Lt!~~j {Lto DIane H. aunel 0 County Attorney DHM:js Enclosures Eagle County Building, 500 Broadway, P.o. Box 850, Eagle, Colorado 81631-0850 eiJ5- 012- / D OFFICE OFTHE COUNTY ATTORNEY (970) 328-8685 FAX; (970) 328-8699 www.eaglecounty.us EAGLE COUNlY March 31, 2005 Mr. Ken Beck Berry Creek Limited Liability Company c/o ASW Realty Partners 401 Paseo de Peralta Santa Fe, NM 87501 Dear Ken: Enclosed for your records is an original Amendment to Land Lease and Option Agreement between Eagle County and Berry Creek, LLC. Please do not hesitate to contact me if you have any questions. Yours very truly, -1)rau~0fJu~ tUc . /. DIane H. aunello County Attorney DHM:pn Enclosures Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850