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HomeMy WebLinkAboutC08-230SECOND AMENDMENT TO LEASE BETWEEN EAGLE COUNTY, COLORADO AND CROWN MOUNTAIN PARK AND RECREATION DISTRICT This Second Amendment to the March 10, 2005 Lease between Eagle County, Colorado ("County") and Crown Mountain Park and Recreation District ("District"), which Second Amendment is effective August 13, 2008, WITNESSETH: WHEREAS, County owns property known as the Mt. Sopris Tree Farm consisting of approximately 132 acres (the "Property"), and WHEREAS, County, by Lease (the "Lease") dated March 10, 2005, leased 80.7 acres of the Property to the District (the "Leased Premises"), and WHEREAS, effective April 20, 2005 County and District executed a First Amendment to the Lease relating to underground water rights and related claims; and WHEREAS, District has applied for and received a grant from Greater Outdoors Colorado ("GOCO") relating to improvements to the Leased Premises; and WHEREAS, GOCO requires as a condition of such grant that the Lease be further amended to provide that it receive notice ofnon-renewal of the Lease in accordance with its terms; and WHEREAS, County is willing to amend the Lease to provide for such notice. NOW, THEREFORE, in consideration of the forgoing premises and following promises, County and District make this Second Amendment to the above-referenced March 10, 2005 Lease. 1. Section 3 (Term) of the Lease is hereby amended by addition thereto of the following new Section 3.04: 3.04 County and District agree that in the event that County either terminates the Lease pursuant to Section 12 hereof or declines to agree to extend the term of this lease pursuant to Subsection 3.03 hereof, District will notify GOCO in writing of the termination of the Lease. County and District acknowledge that under the terms of the above-described GOCO grant, in the event of such termination prior to the expiration of twenty (20) years after the date of the contract for such grant between District and GOCO, District will be in breach of its contract with GOCO in regards to any and all GOCO grants awarded to District, from 2008 on. 2. Except as amended hereby, the Lease, as previously amended by the First Amendment thereto, will remain in full force and effect according to its terms. IN WITNESS WHEREOF, the parties hereto, effective August 13, 2008, have executed this Second Amendment to Lease. COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners A B CRO A1N PARK AND RECREATION DISTRICT By: Title: ~1 ATTEST: r Title: ~- _ ~ ~ . ~ c~ ~. ~-lc c 1 ~~--//L~~ /l' tsoara or ~ounry commissioners