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HomeMy WebLinkAboutC07-112 Crawford Properties_land leaseLAND LEASE THIS LEASE, made and entered into this � day of P t , 2007, between Crawford Properties LLC, whose address is 0060 El Jebel Road, Unit 105, El Jebel Colorado 81623, (hereinafter referred to as "Landlord") and the Board of County Commissioners of Eagle County, Colorado, whose address is P.O. Box 850, Eagle, CO 81631, (hereinafter referred to as "Tenant"). The purpose of this agreement is to obtain a leasehold interest in a parcel of land on which to build a much needed facility for the Eagle County Road and Bridge Department. The erection of such a facility is necessary to ensure that Eagle County road and bridge maintenance equipment is properly maintained and that the usefulness of said equipment is maximized. The community will benefit from such a facility in that the Eagle County Road and Bridge Department will be able to provide well maintained and safer roads. 1. LEASED PROPERTY. For and in consideration of the payment of rent and the keeping and performing of the covenants and agreements by Tenant as hereinafter provided, Landlord hereby leases to Tenant the following described real property (hereinafter the "Property" or the "Leased Property"), situated in the County of Eagle, State of Colorado, to -wit: That real property described on Exhibit "A" attached hereto and incorporated herein by this reference. 2. RENT. (a) Tenant shall pay Landlord rent for the Leased Property in the sum of $1000.00 per month commencing on the first day of the month next following the issuance of a building permit for the construction of improvements on the leased property but not later than June 1, 2007 and continuing on or before the first day of each month thereafter throughout the lease term, subject to adjustment of the rental rate as hereinafter provided. Tenant shall pay all rent due hereunder in advance at Landlord's address stated above or at such other place as Landlord may designate in writing, without demand, counterclaim, deduction or set-off. (b) Notwithstanding anything to the contrary contained in this Lease Agreement, no rent shall be due, nor shall any payment be made to Landlord in excess of the above amounts without the written approval of the County in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of the Colorado Revised Statutes. The parties recognize that Tenant is a governmental entity and that all financial obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 3. TERM. The term of this Lease shall commence on the first day of the month next following the issuance of a building permit as provided in Section 2, but not later than June 1, 2007, and shall end on the last day of the thirtieth (30'') full lease year as said term "lease years" is hereinafter defined. The term "lease year" as used hereinafter shall mean a period of twelve (12) consecutive full calendar months. The first lease year shall begin on the date of commencement of the lease term as above provided. 4. TENANT'S PROPERTY DEVELOPMENT. Tenant intends to develop on the Property a maintenance facility for county road and bridge purposes, which development shall be in accordance with the following terms and conditions: (a) The Property shall not be used for any purpose prohibited by the laws of the United States, the State of Colorado, the County of Eagle or other governing jurisdiction. (b) Tenant shall be responsible for the costs of extending and connecting all utilities to the Leased Property, including but not limited to water, wastewater, electricity, natural gas, telephone and cable TV. If and/or when the Leased Property is annexed into the Mid Valley Metropolitan District or upon water and/or sewer service to the premises being provided by the Mid Valley Metropolitan District or any successor thereto, Tenant shall thereafter pay all tap fees, connection fees, service fees and charges and other expenses required for the physical connection of the Leased Property to the District's systems. (c) All buildings and other improvements to be placed on or under the Leased Property shall be completed in a good and workmanlike condition in full compliance with all applicable codes, ordinances, rules, regulations and other laws and in accordance with all terms, conditions, and specifications in Exhibit "B" attached hereto and incorporated herein by this reference. (d) Tenant shall not, either directly or indirectly, act or fail to act in any manner which would give rise to any mechanic's, material man's or other lien against the Leased Property. Tenant shall, for and on behalf of Landlord, personally serve written or printed notice upon all persons performing labor or furnishing skill, materials, machinery or other fixtures for the erection, construction, alteration, removal, addition, repair or other improvement on or for the benefit of the Leased Property stating the following: Crawford Properties LLC, as owner of the property described on attachment hereto gives notice that said property and their interests therein shall not be subject to any lien for the performance of labor or the furnishing of skill, materials, machinery or other fixtures for the erection, construction, alteration, removal, addition, repair or other improvement of or on said property. This notice is given pursuant to and in compliance with Colorado Revised Statutes Section 38-22-105, as amended. (e) In addition to personally serving said notice as above provided, Tenant shall, for and on behalf of Landlord, commencing within five (5) days of the execution of this Lease and continuing thereafter until all of Tenant's improvements on the Leased Property are completed, and at all future times during which any improvements are being erected, constructed, altered, removed, added or repaired on the Leased Property, post and keep posted in a conspicuous place upon the Leased Property and on each exterior wall of any building with respect to which any such activities are taking place a written or printed notice stating the following: Crawford Properties LLC, as owner of this property gives notice that said property and their interests therein shall not be subject to any lien for the performance of labor or the furnishing of skill, materials, machinery or other fixtures for the erection, construction, alteration, removal, addition, repair or other improvement of or on said property. This notice is given pursuant to and in compliance with Colorado Revised Statutes Section 38-22-105, as amended. (f) Upon execution of this Lease, and upon Landlord receiving the necessary land use approvals as herein provided, Tenant shall apply for and diligently seek a building permit for improvements on the Leased Property. 5. EASEMENTS. Landlord grants to Tenant, for the duration of this Lease including any extensions or renewals, such temporary easements as are necessary for Tenant to bring and maintain utilities to the Leased Property. These easements shall be in reasonable locations and widths to be agreed upon by the parties. In replacement of the temporary easements granted by this paragraph, Landlord may formally dedicate general public easements for utility purposes across its properties, and the temporary easements described herein shall be extinguished. In the event that Landlord sells any of its properties burdened by easements for the benefit of Tenant, Landlord shall convey those properties subject to the easements described herein. 6. LAND USE CONTINGENCY. This Lease is contingent on Landlord obtaining the required approvals for rezoning of the Leased Property to permit Tenants intended use. Landlord agrees to work with Tenant and diligently pursue the rezoning of the Lease Property. If such zoning is not approved by December 31, 2007, either party may declare this Lease terminated in which event the parties shall be relieved of all further obligations hereunder; provided that such contingency date may be extended by further written agreement of the parties. 7. ADJUSTMENT OF RENTAL RATE. Commencing on the first (1st) day of the second lease year, and annually thereafter, the monthly rent (using the monthly rent payable during the preceding year as the base rate) shall be increased in an amount proportionate to the increase, if any, in the then most current U.S. Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -U), U.S. City Average, All Items (published by the U.S. Department of Labor, Bureau of Labor Statistics) over said CPI -U for the same month of the preceding year. Landlord's computation of such adjustment shall be conclusive unless Tenant shall notify Landlord of an error therein within thirty (30) days after notice of such increase is given. If the above described index shall cease to be released or available, then another similar index generally recognized as authoritative may be substituted by the Landlord. 8. LATE PAYMENT CHARGE. Tenant shall pay Landlord a late payment charge equal to ten percent (10%) of any monthly rent installment not received by Landlord on or before the fifteenth (15th) day of the month for which such rent installment is due. Said late payment penalty shall be in addition to any other remedies which Landlord may have in the event of default as herein provided. 9. TRIPLE NET LEASE. The parties intend that this Lease is "triple net" to the Landlord and that Tenant shall therefore pay, throughout the lease term, all real property taxes and assessments levied against the Property and improvements thereon, all costs of insurance coverage in connection with the Leased Property as required by this Lease or as otherwise obtained by Tenant, and all charges for utilities and other services provided to the Leased Property. 10. POSSESSION. Upon execution of this Lease, Tenant shall be entitled to access the Leased Property for the purpose of completing improvements thereon and shall have the right of quiet possession thereafter, consistent with this Lease and, to the extent allowed by law, Tenant shall indemnify and hold Landlord harmless from and against any and all loss, injury, damage, claim, demand, liability or obligation of any nature resulting therefrom or arising in connection with such activity, including reasonable attorney's fees and costs incurred by Landlord and Tenant shall pay the costs and expenses of such improvements as more fully provided in Exhibit "B" attached hereto. 11. RIGHT TO CURE. (a) If Tenant breaches any covenant or condition of this Lease, and if such default continues for thirty (30) days after Landlord's written notice to Tenant specifying such default, Landlord may (but without any obligation to do so) cure such breach and the reasonable cost actually incurred by Landlord in such performance, including reasonable attorney's fees, shall be paid by Tenant to Landlord upon demand, or if not so paid, may be deemed additional rent payable on demand. (b) If Landlord breaches any covenant or condition of this Lease, and if such default continues for thirty (30) days after Tenant's written notice to Landlord specifying such default, Tenant may (but without any obligation to do so) cure such breach and the reasonable cost actually incurred by Tenant in such performance, including reasonable attorney's fees, shall be paid by Landlord to Tenant upon demand or, if not so paid, may be deducted from the next rent due hereunder. (c) No right or remedy conferred or reserved herein is intended to be exclusive of any other right or remedy herein, or by law provided, but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. If either party breaches any covenant of condition of this lease, either party may exercise all available remedies including specific performance. 12. COVENANTS OF LANDLORD. Landlord covenants that it is the owner of the Leased Property and has the power and authority to convey the present leasehold interest. Landlord also covenants that during the term of the lease and on the condition that Tenant shall discharge all obligations hereunder, Tenant shall have and enjoy the quiet and undisturbed possession of the Leased Property. 13. HAZARDOUS MATERIALS. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used on or about the Property, except for such Hazardous Material (including but not limited to gasoline, diesel fuel, and oil used in the Tenant's operations) as is necessary to carry out the Tenant's legal activities, but then only in full compliance with the following provisions: (a) Any Hazardous Material permitted on the Property and all containers therefore, shall be used, kept, stored and disposed of in a manner that fully complies with all federal, state and local laws or regulations applicable to the Hazardous Material. (b) Tenant shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, sewer system or any body of water, if that material (as is reasonably determined by the Landlord or any governmental authority) does or may pollute or contaminate the same or may adversely affect (a) the health, welfare or safety of persons, whether located on the Property or elsewhere, or (b) the condition, use or enjoyment of the Property or any other real or personal property and which would result in a violation of applicable environmental laws. (c) As used herein, the term "Hazardous Material" means (a) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder; (b) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, and regulations promulgated thereunder; (c) any oil, petroleum products and their byproducts, other than those used in automotive or recreational activity, boats or motorcycles which are stored on the Property in accordance with all applicable laws and minor surface accumulations of such products that result from minor leakage and spills which are, upon written request of Landlord, promptly cleaned up; and (d) any substance that is or becomes regulated by any federal, state, or local governmental authority. (d) At the commencement of each lease year, Tenant shall disclose to Landlord the names and approximate amounts of all Hazardous Material that Tenant intends to store, use or dispose of on the Property in the coming lease year. In addition, at the commencement of each lease year (beginning with the second lease year), Tenant shall disclose to Landlord d the names and amounts of all Hazardous Material that to Tenant's knowledge were actually used, stored or disposed of on the Property, if those materials were not previously identified to Landlord at the commencement of the previous lease year. (e) Tenant hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage and disposal of Hazardous Material kept on the Property by the Tenant, and the Tenant shall give immediate notice to the Landlord of any violation or potential violation of the provisions of this Section. To the extent allowed by law, Tenant shall defend, indemnify and hold harmless Landlord and its insurers, agents, successors and assigns from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney's and consultants' fees, court costs and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to (a) the presence, disposal, release or threatened release of any such Hazardous Material that is on, from or affecting the soil, water, vegetation, buildings, personal property, persons animals or otherwise; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to that Hazardous Material; (c) any lawsuit brought or threatened, settlement reached or government order relating to that Hazardous Material; or (d) any violation of any laws applicable thereto. The provisions of this Section shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the transactions contemplated herein and shall survive the termination of this Lease. (f) Any reference in this Section to "Tenant" shall be deemed to include any and all of Tenant's agents, employees, contractors, invitees, sub -tenants and others occupying the Property (exclusive of Landlord and Landlord's agents and employees) during the lease term or any holdover term as herein provided. 14. TENANT'S MAINTENANCE. Throughout the Lease term Tenant shall maintain the Property and the improvements thereon in good condition and repair including, but not limited to, the removal of all weeds, debris and other unsightly materials or appropriate screening thereof. Upon termination of the Lease, Tenant shall leave the Leased Property in a clean and safe condition, subject to the Landlord's rights upon termination as hereinafter provided. 15. RIGHTS ON TERMINATION. No later than sixty (60) days prior to the end of the initial term or a renewal term of this Lease, Landlord and Tenant shall select a person qualified to appraise the fair market value of the permanent improvements on the Leased Property. Landlord and Tenant shall share equally the payment of such appraiser's fees. If Landlord and Tenant are unable to agree on an appraiser within thirty (30) days prior to the end of the Lease term, Landlord and Tenant shall each select an appraiser and such two appraisers shall select a third appraiser. The three appraisers so selected shall, by majority decision, determine the fair market value of such permanent improvements within thirty (30) days of selection unless extended by agreement of the parties. Each party shall pay the fees of its selected appraiser and the parties shall equally share the fees of the third appraiser. Landlord shall thereafter pay to Tenant as the purchase price for such permanent improvements an amount equal to the fair market value thereof determined as provided above, which purchase price shall be paid within sixty (60) days following the determination of the fair market value of the permanent improvements. Upon termination of this Lease, or an extended term of this Lease, Tenant may remove its equipment, tools and other personal property. Any provision herein to the contrary notwithstanding, upon termination of this Lease, Tenant shall remove any and all hazardous materials, including any and all containers within which hazardous materials are then or have been stored and any such removal shall be completed in full compliance with all laws and regulations of any federal, state, or local governmental authority. 16. INSURANCE/INDEMNIFICATION. (a) Tenant shall maintain at all times throughout the lease term fire, casualty and extended coverage insurance on all buildings and other improvements located on the Leased Property, with minimum coverage limits equal to or exceeding the full actual replacement cost of such buildings and improvements. Tenant shall also maintain at all times throughout the lease term public liability insurance covering the Leased Property with minimum coverage limits of $2,000.000.00 combined single limit, Landlord shall be named as an additional insured on any such policy or policies and such policy or policies may not be cancelled without thirty (30) days prior written notice to Landlord. At least annually, Tenant shall provide Landlord with certificates of such insurance coverages. (b) To the extent permitted by law, Tenant shall indemnify and hold harmless Landlord from and against any and all loss, injury, damage, claim, demand, liability or obligation of any nature resulting from, arising out of or incurred in connection with the use or occupancy of the Leased Property or any activities thereon by Tenant, Tenant's agents, employees, contractors, sub -contractors, representatives, or designees, which indemnification shall include the payment of all reasonable attorney's fees incurred by Landlord in the enforcement thereof. Neither Tenant nor any other person shall hold or attempt to hold Landlord liable for any injury or damage, either proximate or remote, caused by the negligence or default of any other person or party on the Leased Property. 17. HOLD OVER. If, after the expiration of this Lease, Tenant shall remain in possession of the Leased Property and Continues to pay rent without written agreement as to such possession, then Tenant shall be regarded as tenant from month-to-month at a rent payable, in advance, equivalent to the monthly rent (including applicable adjustments) set forth herein. 18. DEFAULT. If at any time after the commencement of the term of this Lease any of the Events of Default set forth below occur, Tenant shall be in default in the performance of the terms of this Lease and Landlord may at its option elect to terminate this Lease, and upon notice as herein specified to Tenant of such election, this Lease shall terminate to the same effect as if the date of notice were the date of expiration of the stated term and the Parties shall exercise their rights on termination as set forth in Section 16 herein. The events constituting Events of Default are as follows: (a) Tenant shall default in the observance or performance of any covenant or provision of this Lease, other than payment of rent, and such default continues for thirty (30) days after notice in writing of such default from Landlord; provided, however, that any such default which cannot be cured within said thirty (30) days and which Tenant shall in good faith and with due diligence be proceeding to cure shall not constitute an Event of Default; (b) Tenant shall be delinquent in the payment of any installment of rent due hereunder for more than twenty (20) days after written notice therefore from Landlord; (c) Tenant shall abandon the Leased Property. (d) In the event Tenant is in default hereunder and fails to cure such default within the applicable time period as hereinabove provided, Landlord shall have the immediate right of re-entry and may remove all persons and property from the Leased Property; such property may be removed and stored in a public warehouse or elsewhere at Tenant's expense. Should Landlord elect to re-enter, or should Landlord take possession pursuant to the terms of this Lease or as otherwise provided by law, Landlord may either terminate this Lease as provided in this Section or Landlord may relet the Leased Property, and improvements thereon, or any portion thereto for such tenant or terms (including terms beyond the term of this Lease) and at such rental or rentals as Landlord, in his sole discretion deems advisable. Landlord shall also have the right to make such reasonable alterations and repairs to the Leased Property and improvements thereon as Landlord deems necessary to relet the Property, and the costs thereof, together with the reasonable costs of such re-entry and reletting shall be the obligation of Tenant. Upon such reletting: (i) Tenant shall be immediately liable to pay to Landlord for the amount, if any, by which the rent reserved in this Lease for the period of such reletting (up to but not beyond the term of this Lease) exceeds the rental obtained in such reletting for the period of such reletting, provided that all rents received in excess of the monthly rent reserved in this lease shall first be applied in reduction of Tenant's obligation to pay the reasonable costs and expenses of re-entry, reletting, alterations and repairs, and any other amounts due hereunder from Tenant to Landlord to the date of such reletting; or (ii) At the option of Landlord rents received by such Landlord from such reletting shall be applied: first, to the payment of any indebtedness, other than the payment of rent; second to the payment of any and all reasonable costs and expenses of such re-entry and reletting and of any alterations and repair; third, to the payment of rent due and unpaid hereunder to the date of such reletting, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. No such re-entry or taking possession of the Leased Property by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant Notwithstanding any such reletting without termination Landlord may at any time thereafter elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease for any default by Tenant, in addition to any other remedy Landlord may have, Landlord may recover from Tenant all damages Landlord may incur by reason of such default, including the reasonable cost of recovering, altering and repairing the Leased Property and improvements thereon, and including the amount by which the total of all rent, taxes, insurance leasehold mortgage payments and other charges which Tenant would have paid Periodically during the remainder of the term of this Lease exceeds the rent, taxes and insurance actually paid for the Leased Property and improvements thereon by any replacement tenant for the period commencing at the date of termination hereof and ending with the end of the term of this Lease. All of the above amounts shall be immediately due and payable from Tenant to Landlord on a monthly basis. No right or remedy conferred or reserved herein is intended to be exclusive of any other right or remedy herein, or by law provided, but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. No waiver by either party of any default or breach by the other of any of its obligations. agreements or covenants hereunder shall be a waiver of any subsequent default or breach or of any obligation, agreement or covenant, nor shall any forbearance to seek a remedy for any breach be a waiver of the forbearing party's rights and remedies with respect to such or any subsequent breach. 19. ASSIGNABILITY. Tenant shall not assign, encumber, or transfer any interest in the Leased Property or Tenant's leasehold estate without Landlord's prior written consent which Landlord may withhold in Landlord's sole discretion. Landlord shall have the right to freely transfer or convey the Leased Property and Tenant shall remain bound under the terms of this Lease without the necessity of an express attormment to any transferee; provided, however, any transfer and conveyance of the Leased Property during the term of this Lease shall be made expressly subject to this Lease and Tenant's rights hereunder. 20. NOTICES. Any notice by either party to the other shall be in writing and shall be deemed to be duly given if delivered personally or mailed certified mail, return receipt requested, postage prepaid, addressed to the respective party at their address above set forth, or at such other address as a party may designate in writing. Notice shall be deemed to have been fully given, if personally delivered, upon delivery thereof, and if mailed, one day after the mailing thereof. 21. ESTOPPEL CERTIFICATE. Either party shall, at any time and from time to time upon not less than ten (10) days' prior request by the other party, execute, acknowledge and deliver to the requesting party a statement in writing certifying whether this Lease is unmodified and in full force and effect (or if there have been any modifications, that the same is in full force and effect as modified and stating the modifications), and, if so, the dates to which the rent and any other charges have been paid in advance, it being intended that any such statement delivered pursuant to this Section may be relied upon by any prospective purchaser or encumbrancer (including assignees) of the Leased Property. 22. MISCELLANEOUS. If any clause or provision of this Lease be determined to be illegal, invalid, or unenforceable under present or future laws, then it is the intention of the parties hereto that the other terms and provisions of this Lease shall remain in full force and effect. No assent, expressed or implied, to any breach of any one or more of the covenants hereof shall be taken or deemed to be a waiver of any succeeding or other breach. This agreement shall extend to and be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties hereto. This Lease shall be governed by and construed and enforced in accordance with the laws of the State of Colorado. Any word contained in the text of this Lease shall be read as the singular or the plural and as the masculine and feminine or neutered gender as may be applicable in the particular context. The captions of this Lease are for convenience only, are not part of the lease, and do not in any way limit or amplify the terms and provisions hereof. This Lease contains all of the agreements and representations between the parties. None of the terms of this Lease shall be waived or modified to any extent, except by written instrument signed and delivered by both parties. This Lease may be executed in one or more counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 23. ATTORNEY'S FEES. In the event of a default on the part of either party in any of the terms and conditions of this Lease, the defaulting party agrees to pay any and all attorney's fees and expenses incurred by the nondefaulting party as a result of such default. 24. COVENENANT RUNNING WITH THE LAND. This Land Lease shall be recorded with the Eagle County Clerk and Recorder's Office and shall constitute covenants running with the Leased Property, as a burden thereon, for the benefit of the Parties, and shall be specifically enforceable by the Parties, their successors and assigns, including but not limited to any future Owner of the Leased Property. 25. MEMORANDUM OF LEASE. Upon the request of either party, the parties hereto shall execute a Memorandum of this Lease for recording in the records of Eagle County, Colorado. //REMAINDER OF PAGE INTENTIONALLY LEFT BLANK// Executed the date first above written. f;'4: D L-Pjr\. LANDLORD: Crawford Properties LLC By: Bonnie M. Williams, Member Date: TENANT: Boar ounty Commissioners of Eag C nty, Colorado By Ch i Date: `7' 1404 STATE OF COLORADO ) )ss: COUNTY OF —� ) The foregoing instrument was acknowledged before me this WU Iday of r i , 200 by Bonnie M. Williams, member of Crawford Properties LLC. Witness my hand and official seal. My commission expires: 8 2Q k0q Notary Public 50 Exhibit "B" To Land Lease between Crawford Properties LLC as Landlord and Eagle County, Colorado as Tenant The following terms and conditions are incorporated in and made a part of the foregoing and attached land lease: 1. Tenant shall at its sole cost and expense, construct on the Property a Road & Bridge Maintenance shop and other potential improvements and related support structures which shall be completed in accordance with the following guidelines: a. The exterior surfaces should be similar to local `norms' and be colored in `earth tones'. b. Any roof shall not be highly reflective. c. All shop bays shall be designed to allow direct drive through of the facility. d. The elevation of the facility shall be designed for proper drainage of run-off water to flow away from the building. e. A chain link fence similar to the adjacent tenant may be constructed around a portion of the leased property for security purposes, such fence will allow access through the property by the Landlord. f. A small earthen berm will be constructed by the tenant on the south and west boundaries of the leased property, only large enough to limit potential run-off water from adjacent properties from flowing onto the property. 2. Tenant shall, at its sole cost and expense, extend all utilities to the Property as necessary for the Tenant's use on the Property. In the event the Landlord requests to have any of the utility services over -sized from the needs of the Tenant, Landlord shall be responsible for the added costs resulting from such request. In the event and to the extent that Landlord is responsible for the cost of over -sizing utilities as hereinabove provided, Tenant shall receive credit as an advance rent payment on this Lease in an amount equal to the amount of Landlord's obligation for such utility over -sizing, which credit shall not bear interest and shall be applied toward Tenant's monthly rent obligation as it accrues hereunder commencing with the first rent payment due following Landlord's receipt of written notice from the Eagle County Engineering Department confirming substantial completion of such oversized utility installation and setting for the calculation of Landlord's share of the cost of oversized materials, together with copies of invoices for such materials. 3. Tenant or its contractor shall obtain all permits, licenses and other approvals required by any governmental authority for construction of improvements and utility installations as herein provided. Engineering Department Phone: (970) 328-3560 FAX: (970) 328-8789 www.eaglecounty.us EAGLE COUNTY R & B EL JEBEL SHOP March 18, 2007 Eagle County P.O. Box 850 500 Broadway Eagle, CO 81631 A description of a Tract of Land to be leased located in the NEI/4 of Section 34, T7S, R87W of the 6th P.M., in Eagle County, Colorado. For: Eagle County. LEGAL DESCRIPTION A tract of land, located in the SEI/4 of Section 34, T7S, R87W of the 6th P.M., County of Eagle, State of Colorado, described as follows: COMMENCING at an existing brass cap marked as E1/4 Corner of said Section 34, from which the Southeast Corner of said Section 34 an existing brass cap marked bears SOI°06'42"W, 2680.60 feet (Basis of Bearing); thence N67°01' 14"W, 2648.05 feet to the TRUE POINT OF BEGINNING; Thence N87°03'47"W, 357.11 feet; Thence NO2°13'34"E, 399.17 feet to the Southerly Right -of -Way Line for J.W. Road; Thence S85°19'41"E, 210.83 feet along the Southerly Right -of -Way Line for J.W. Road to a point of curve to the left; Thence Easterly, 99.99 feet along the arc of said curve and along said Southerly Right -of -Way Line to a point tangent, said arc having a radius of 3385.03 feet, a central angle of 1°41'33", and being subtended by a chord that bears S86°10'28"E, 99.99 feet; Thence S87°01'14"E, 97.06 feet along said Southerly Right -of -Way Line; Thence S13°18'48"W, 264.58 feet; Thence S88°36'59"W, 131.60 feet; EXHIBIT A Thence S02° 13'20"E, 127.73 to the TRUE POINT OF BEGINNING. Area= 3.73 acres, more or less. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. i` ®,%`its %%III III1111/11/1141. 1 1 1 /1111141. f� po REGIS NN Kelly L. Miff`," -*,s;* `e .. -0 w Colorado MrQfesti n _ and° Surveyor 37955$$ 500 Broad" "eagle, CO 8:fM-085 �> •,"" Date: ®!4 r' 1lrtsttn�ts��e Project: R & B EL JEBEL ELJEBELSHOP.DOC E U) NO. DATE REVISION EAGLE COUNTY ROAD & BRIDGE ENGINEERING DEPARTMENT P•0. BOX 850. 500 BROADWAY 0 mSHOP EAGLE. CO 81631 MAGLECOUNW m EL JEBEL 970970 328-3560 FAX 970 328-8789 D:... DRAWN: Ntw CHECKED: GWS Exhibit "B" To Land Lease between Crawford Properties as Landlord and Eagle County, Colorado as Tenant The following terms and conditions are incorporated in and made a part of the foregoing and attached land lease: 1. Tenant shall at its sole cost and expense, construct on the Property a steel frame building and other improvements which shall be completed in accordance with the following guidelines: a. The exterior surfaces should be similar to local `norms' and be colored in `earth tones'. b. The roof shall not be a highly reflective color. c. All bays shall be designed to drive through the facility. d. The elevation of the facility shall be designed for proper drainage of run-off water to drain away from the building. e. A chain link fence similar to the adjacent tenant may be constructed around a portion of the leased property. f. A small earthen berm will be constructed by the tenant on the south and west boundaries of the leased property to limit potential run-off water from adjacent properties. 2. Tenant shall, at its sole cost and expense, extend all utilities to the Property as necessary for the Tenant's use on the Property. In the event the Landlord requests to have any of the utility services over -sized from the needs of the Tenant, Landlord shall be responsible for the added costs resulting from such request. In the event and to the extent that Landlord is responsible for the cost of over -sizing utilities as hereinabove provided, Tenant shall receive credit as an advance rent payment on this Lease in an amount equal to the amount of Landlord's obligation for such utility over -sizing, which credit shall not bear interest and shall be applied toward Tenant's monthly rent obligation as it accrues hereunder commencing with the first rent payment due following Landlord's receipt of written notice from the Eagle County Engineering Department confirming substantial completion of such oversized utility installation and setting for the calculation of Landlord's share of the cost of oversized materials, together with copies of invoices for such materials. 3. Tenant or its contractor shall obtain all permits, licenses and other approvals required by any governmental authority for construction of improvements and utility installations as herein provided.