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Home My WebLink AboutC09-170 First Amendment to Lease Agreement for Fieldhouse Site1 1 . / J FIRST AMENDMENT TO LEASE AGREEMENT FOR FIELDHOUSE SITE THIS FIR,ST AMENI~M~NT to the Lease Agreement for Fieldhouse Site is made and entered 111t0 th1S~~;_~-` da of ~j !~ 2~09, between Ea le Count , b and throu h its Board of Count Y~ g Y Y g Y Commissioners (hereinafter referred to as "County") and the Western Eagle County Metropolitan District, a quasi-municipal corporation and political subdivision of the Stat~ of Colorado ~hereinafter referred to as "District"}. WHEREAS, County and District entered into a I,ease Agreement for Fieldhouse Site dated October 7, 2008 {"Qriginal Agreement"} for the purpose of securing a site on which the District would construct a Fieldhouse, parking lot, and related site improvements. WHEREAS, t~e Original Agreement contained an estimated lease portion of approximately 2.04 acres. WHEREAS, now that the Fieldhouse plans have been finalized, County and District want to amend the map and legal district to speci~cally set forth the leased prernises, In consideration of the terms and condition.~ ~f the ~riginal Agreement and this First Amendment, the sufficiency of which is hereby acknowledged, ~ounty and District agree that this First Amendment shall add to, replace, and supersede those sections of the ~riginal Agreernent as follows: Exhibit A(Legal Description) and Exhibit B(Map of Leased Premises) shall be deleted and replaced with the atta~hed Exhibits A and $. County and District agree that, exeept as express~y altered, modified and changed in this First Amendment, all terms and provisions of the ~riginal Agreement shall remain in full force and effect during the rnodified term, and hereby are ratified and confirmed in a~l respects as of the date hereof , If any conflict exists between the provisions of this First Amendment and the Original Agreernent, the provisions of this First Amendment shall cont~~ol. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. /1REMAINDER OF THE PAGE INTENTIaNALLY LEFT BLANKI/ IN V~ITNESS WHEREQF, the parties ha~e executed this First Amendment an the day and year first above written. COUNTY: ATTEST: CDUNTY OF EAGLE, STATE OF COLORADO .~~~y and Through its BOARD OF COUNTY ~ ~~ MISS~ONERS ,.~._.~_ ° ~ ~ ~ ~ ; ~ .~ ~ * . . .. Teak Sim ton Sara J. Fisher, Chairman Clerk to t~e Board of County Commiss~aners J_ . __ _ ~ I~?~i = - - ~ - IL~V ~ ~ VVESTERN EAGLE C4UNTY METRUPOLITAN DISTRICT: By• . Chairperson n resident r "+~ Engineering Department Eagle Couaty Phone: (970) 328-3560 P,O. Box 850 FAX; (470} 328-8789 500 Broa~way www.eaglecounty~us Eagle, CO 81631 fAC~E CDUNTY WECMRD LEASE A GREE.II~EN~' May 21, 2009 A description of WECMRD FIELDHOUSE to be leased. For: Eagle County. LEGAL DESCKIPTIQN A tract of land, located in the SWll4 of Section 4, TSS, R82W of the bth P.M., County of Eagle, 5tate of Colorado, being a portion of Tract C, BERRY CREEK / MILLER RANCH PLANNED UNIT DEVELOPMENT, a subdivision located in Section 3, 4, and 5, TSS, R82W of the 6th P.M., recorded June 25, 2002, as Rec. No. 799649, County of Eagle, State of Colorado, according to the recorded plat thereof, described as follows: COMMENCING at the most northerly corner of said Tract C, also being the most easterly corner of Lot 2, C~LORAD4 M~UNTAIN COLLECTF AT BERRY CREEK, a re-subdivision of Tract A, of said BERRY CREEK / MILLER RANCH PLANNED UNIT DEVELOPMENT, recorded April 30, 2~Q7, County of Eagle, State of Colorado, from which the most westerly corrier of said Tract C bears South 51 degrees 06 minutes 06 seconds West, b42.96 feet (Basis of Bearing}; thence South 2b degrees 15 minutes 17 seconds East, 600.13 feet to the TRUE POINT ~F BECINNING; Thence South b2 degrees 55 minutes 11 seconds East, 275.59 feet; Thence South 12 de~rees 58 minutes 09 seconds VVest,1b0.57 feet; Thence South 27 degrees 11 minutes 42 seconds West,130.57 feet; Thence North G2 degrees 55 minutes 11 seconds West, 399.48 feet; Thence North 27 degrees 44 minutes 49 seconds Fast,151.33 fee~; Thence South 62 degrees 5 S minutes 11 seconds East, 3 5.74 feet; Thence North 27 degrees 04 minutes 49 seconds East,17.94 feet; ~~~~1" 6 Thence Nl 8°34'31 "W, 24.22 feet along the Westerly Line of said Lot 1A to the 'I'RUE P~INT ~F BEGINNING. Area = 51,159 square feet (1,17 acres), rnore or less. (SEE EXHIBIT MAP "B") NOTICE: Accarding to Colorado law you must commence any legal action based upon any defect in this survey within three years after yoti f rst discovered such defect. In no event, may any action based upon any defect irt this survey be commenced mare than ten years fram the date of the certification shown hereon. \`\\,`~~~~111illlfl111/1~~, J b ~ ~ R~~~ r ~ ~ ' ' ~~ .• • ' . ' ~, t ' a : Kelly L. Mil~ ~ _ ,~ ~' ~•, ~ ~ Colorado ~r i r~ ~~n : _ a Surveor 9 `°= y . ~ ~. 504 Broad ` ~ ~~agle, CD 8.1'~~~850 V~~ ~~~~i'~ /, '• , ~ ~`\~~~~ ~- ' 4 Date: `'~'~~~`~., A'~ 4~ lllflilll111111 Project: GOLpEN EAGL~ WATER & SEWER EASM.DOC ~ ~ t~r ~ ~ ' ~~ , ~ ~~~ ~ ..~ i ~ ~I ~ II'i I~I cn~ccn~z =ov,cmo ozm~~ ~G~~N~ z~~~ OnN m~ z~~~~~ ~z'~~zm ~ m~~ ~i ~ ~~~~ ~ ~ N~mN~~ ~~ D~-v~~~ o Z D ,Zj ~ ITI iJl rn ~~~n=0 m~=m~ o~~~~~ ~o=~~. ~~z°Zm tnOZ~pv vz p ~D ZDZ CN ~r?1 z °m°ov ~ ~: '`'~~-~ r r . f •~-. ; . ~/ i ~~j / ~ / ! ~/ z /;~~ !, ~, , .y ~, ~ ~ / ~//~ ~ ~ ~/ /• .~ / / ~ ~~ / ` / ~'~ , . ~ `~ ~ A ; ' ~~~~'' ~ ~ / ,/i~~ ~ /~' ~~'i i~ ~ / r~ / ~ I ,,~~~ / ~ ~/~~~ \~\ ~ ~ i ~~~/ ~ ~\~ p ~ ~ ~~~ `'~r\~ / ~~ ~' ~" // y// ~~ / ~~ A~ i ~ ~ ~ ~ ~ "~ ~ ~;'i~~ ~ - ~ a~ ~ ~~~ ~ ~ ~~ ,~,,~~, ~, ~ ~, ~~~ ~~ ~ ,r,~ ~ ~ ~ ~~ / // /' rs i ~ \, .,~ ~~ ~~ ~-~ ~ \ ~ ~ \\` ~ ~ ~ ~ C~) i f, _, r ~ ,\ ~ ~~ ~ \ ~ ~ ~7 ~~ ~~ ~ . ~~ \ \ ~ ~ ~ ~~ ~~ ~i ~ ~ ~ ~ '~ ~ ,\~ \ ~~ ~ ~ .~~~ ~x ~~~~ ' ~. ~\ \ ~ ~ , .~ _ ~ ,~ ~. ~ ~.~ ~~ t ° ~ ,~~ ~~~~ , ~ ~ \ ~7~~ 7 `"`~ ~ ~~ .~+~ ~ ~ A ' ~ `~~ `` ~\ ~ ~ ', ~ ~ A ~ ' ~ ~~; ~~~ ~ \ , ~ ` g~~ \ \ ~ ~~~~ A"~ ~ ~\\\\ \ ~ Q~~~ ~ ~~~~ ~~~~ \ ` \ ~~ , . r ~~ ~> ~~ ~ ~ ~ ~~~ ; . ~ ~: ~~~ ~. ~~~ / ~ , ~~ : l~~~ / ~~ w ~ ~ r ~~ ~ l~ ~ ~~ ,r,~ / ~ ~ j~ ~/ r' -~ ~ ./ ~ i ~ ~ ~~ .- ,., ~ ~ / / ~ ~~ / -~ ~ :, ~ ~~ ~ i ~ ~ ~//~ ~ ~S ~. c~t, ~ ~ ~ ~ WECMRD FIELDHOUSE N0~ °A~ ~1151°" ~AGLECOUNTY ENG~NEERING DEPARTMENI' LFASE AGREEMENY P,o. eox sso, 5D0 BROAOWAY ~ ~~ ~' r : FREEDOM PARK • TRACT C enc~e, co e~a~ti ~ SEE IEGAL DE8CRIPTI4N FOR SHEET8 2 6 3 „M„~,~.r ~ ( 1 970 32b366Q FAX 970 328-8789 wi+«s ~~ ~. o6011M dN1M~ IQM dEd~ BT F CQ~iN'~ rr.rA+r ~yti