HomeMy WebLinkAboutC10-304 Military and Veterans Affairs Agreement FIRST AMENDMENT TO LEASE
The printed portions of this form, except bold additions, have been
approved by the State of Colorado Attorney General
THIS FIRST AMENDMENT TO LEASE, made and entered into this day of
2010, for the purpose of amending that certain lease having Contract Management System No.
and C. E. No. , (the "Lease ") dated September 24, 1986, by and between County of
Eagle acting by and through its Board of County Commissioners, as "County"/"Lessor", and THE
STATE OF COLORADO, acting by and through the DEPARTMENT OF Military and Veterans Affairs,
as "Guard" /'Lessee ".
WHEREAS, the County now owns, controls and operates the Eagle County Regional
Airport (the "Airport ") located in the County of Eagle, State of Colorado; and
WHEREAS, the County is duly authorized by law to administer and govern the property
known as the Eagle County Regional Airport; and
WHEREAS, the Guard provides public benefit(s) and service(s) to the citizens of and
visitors of Eagle County, and other public benefit and service; and
WHEREAS, the County and the Vail Beaver Creek Jet Center, Inc., the predecessor in
interest to the Vail Valley Jet Center, LLC, entered into a Lease Agreement dated September 24,
1986, for property on the North side of the Airport ( "North -Side Property "); and
WHEREAS, the Guard sublet such North -Side Property by a Sublease Agreement dated
August 8, 1988 ( "Sublease Agreement") for the purpose of operating a National Guard
installation and high altitude training center; and
WHEREAS, the Vail Valley Jet Center, LLC has relinquished its Lessor rights in the
North -Side Property to the County through the Amended and Restated Fixed Base Operator
Agreement dated September 29, 2009. The Vail Valley Jet Center retains an option to lease back
the North -Side Property should such property be vacated by the Guard; and
WHEREAS, such relinquishment now allows the County to lease directly to the Guard
the North
Side Property through the terms of this y g s Agreement; and
WHEREAS, the Guard expanded its operations and leasehold interest by leasing
additional land from the County by a Ground Lease dated November 1, 2000 ( "Ground Lease ");
and
WHEREAS, the Guard and the County now desire to consolidate, amend, and restate the
terms of the Sublease Agreement and Ground Lease in their entirety through the terms and
provisions of this Lease.
Form — Amendment to Improved Real Property Lease Page 1 of 19
Rev. 2/2008
C A 3°1-1
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
hereto agree to amend the Lease as follows:
ARTICLE ONE
TERM
The term of this Lease (the "Term ") for the various leased parcels shown on the attached
Exhibit "A" shall commence on the date of mutual execution of this Agreement and terminate on
those dates set forth as follows, unless earlier terminated under the provisions of this Lease:
1.1 Consolidated Parcel. The Consolidated Parcel shall be comprised of the
Consolidated Lease Parcel and the Additional COARNG Unit Parcel. The Term of this Lease
shall continue through the 31st day of December 2070 for the Consolidated Lease Parcel and the
31 day of December 2046 for Additional COARNG Unit Parcel.
1.2 Consolidated Lease SubParcel. The Term of this parcel shall continue through the
31 day of December, 2017. Notwithstanding the foregoing, if the Guard has substantially
completed improvements on the Consolidated Lease Subparcel prior to the expiration of this
term, the Lessee shall have the option of extending the Term as to this parcel through the 31 day
of December, 2
ber, 070. Such option to be exercised by giving the County written notice any time
prior to the expiration of the then existing Term. For purposes of this section, substantially
completed improvements shall include the paving of the parcel for use as landing pads or the
construction of other improvements acceptable to the County.
1.3 Surface Use Agreement Parcel. The Term of the Surface Use Agreement, as
provided in Section 4.2 hereunder, shall run concurrent with the longest Term provided herein.
After reconstruction and realignment of Taxiway Bravo 3 and 4 and the incorporation of the
Surface Use Agreement Parcel into the Guard's leasehold, as provided in Section 2.3 hereunder,
the Term as to this parcel shall continue through the 31st day of December 2070.
1.4 Upon the expiration or earlier termination of this Lease title to all improvements
on the Leased Premises and all personal property therein owned by the Guard and not removed
pursuant to the terms of this Lease shall vest exclusively in the County.
ARTICLE TWO
LEASED PREMISES
The County does hereby lease to the Guard the individual premises and all improvements
thereon, more particularly depicted on the map attached hereto marked as Exhibits A and which
are incorporated herein by this reference and as described in sections 2.1 though 2.3 below
(collectively, the "Leased Premises ").
Form - Amendment to Improved Real Property Lease Page 2 of 19
Rev. 2/2008
2.1 Consolidated Parcel. The County leases to the Guard the Consolidated Parcel
more particularly described on Exhibit A containing approximately 15.656 acres.
2.2 Additional COARNG Unit Parcel. The County leases to the Guard the Additional
COARNG Unit Parcel more particularly described on Exhibit A containing approximately 2.530
acres.
2.3 Consolidated Lease Subparcel. The County leases to the Guard the Consolidated
Lease Subparcel more particularly described on Exhibit A containing approximately 1.884 acres.
2.4 Surface Use Agreement Parcel. The County grants to the Guard a Surface Use
right as provided in Section 4.2 hereunder to that Surface Use Agreement Parcel more
particularly described on Exhibit A containing approximately 4.821 acres for the duration of this
Lease. Additionally, the Surface Use Agreement shall automatically terminate and the Surface
Use Agreement Parcel shall automatically become a part of the Leased Premises upon the
reconstruction and realignment of Taxiway Bravo 3 and 4.
2.5 Temporary Staging Area Parcel. The County grants to the Guard the use of a
Temporary Staging Area more particularly described on Exhibit A containing approximately
2.246 acres. Such grant is for the non - exclusive right to utilize said parcel for contractor
temporary staging during the construction of the Improvements as identified in Article 6 herein.
The County may terminate this rant of use at any time if, in its sole discretion, the County
Y y
determines such parcel is necessary for the beneficial operations of the Airport. If so terminated,
the County will make reasonable efforts to locate other staging areas for the construction of the
Improvements. In no event shall this grant extend beyond the actual construction of the
Improvements and shall automatically terminate upon completion of the same.
2.6 Ancillary Uses /Improvements. The Guard shall have the right to make such
ancillary improvements for the use and operation of the above mentioned parcels, including but
not limited to gate improvements. Such improvements that are to be constructed off the Leased
Premises shall be reviewed and approved by the County prior to construction, such approval to
not be unreasonably withheld.
2.7 Previous Leased Parcels. Any parcel previously leased by the Guard that is not
expressly set forth in the Agreement and the attached Exhibit A is hereby terminated.
2.8 The Guard acknowledges that it is solely responsible for getting all utilities on the
Leased Premises.
2.9 The County reserves the right, and the Guard acknowledges such reserved right,
to use, install, and maintain underground utilities in the Leased Premises. The County agrees to
repair and restore any surface improvements, which may be damaged or destroyed by the County
or its agents in its use, maintenance, or installation of underground utilities pursuant to the rights
reserved in this Section. Any work done in such parcels shall be done in as prompt and as
efficient a manner as possible, so as to minimize any interference with the operation of the
Guard.
Form — Amendment to Improved Real Property Lease Page 3 of 19
Rev. 2/2008
ARTICLE THREE
USE OF LEASED PREMISES
3.1 This Lease is entered into for the purpose of conducting National Guard training
and operations to include, by way of example and not limitation: constructing and operating a
mess hall, class rooms, flight simulator facilities, and dormitories all supporting the National
Guard aircraft operations and aircraft training conducted at the Airport.
3.2 The Guard shall not in any event conduct commercial activities on the Airport.
3.3 In no event shall the Guard place temporary structures, unless pre- approved by the
County, including mobile structures on the Leased Premises except that temporary construction
trailers used in the construction of the improvements herein required shall be allowed. Placement
of such trailers shall not interfere with normal Airport operations.
3.4 The Guard shall not knowingly contract with or accommodate the commercial
activities of any entity engaging in commercial activities on the Airport unrelated to the Guard's
purposes without the written permission of County.
ARTICLE FOUR
USE OF COMMON AREAS AND SURFACE USE AGREEMENT
4.1 For the duration of this Lease, the Guard is granted the use in common, with
others similarly authorized, of the Aiport together with all facilities, equipment, improvements
and services which ahave been or may hereafter be provided at or in connection with the Aiport
from time to time including but not limited to the landing field and any extensions thereof or
additions thereto, roadways, aprons, taxiways, flood lights, landing lights, beacons, control tower
signals, radio aids and all other conveniences for flying landings and take -off.
4.2 Additionally, the Guard is granted surface use rights to the Surface Use
Agreement Parcel more particularly described on Exhibit A. Such use shall be for aviation
activities,related to the Guard's purposes, including but not limited to: conducting air and ground
operations, taking off and landing of military aircraft, and taxiing to and from the runway. The
Guard acknowledges that its use of the Surface Use Agreement Parcel is non - exclusive. The
Guard shall not unreasonably interfere with other airport user's ability to access said parcel,
particularly as such access relates to the ingress and egress to private hangars adjacent to the
Leased Premises.
ARTICLE FIVE
RENT
5.1. Rent shall be One Dollar ($1.00) per year payable at the office of the Eagle
County Airport Manager or such other place as may be designated in writing. The Guard may
prepay rent at any time.
Form — Amendment to Improved Real Property Lease Page 4 of 19
Rev. 2/2008
5.2. For the use of the other airport facilities the Guard shall pay to the County such
fees as charged to other users of the Airport facilities similarly situated as from time to time are
determined by the County. If the County decides to require a use agreement of other users of the
airport facilities, the Guard shall enter into such agreement on terms consistent with those entered
into by other users. These services shall be paid for by invoice unless otherwise agreed to by the
parties. The County acknowledges that the Guard should not be charged for activities occurring
on their property.
5.3 Place of Payment. All payments due the County from the Guard shall be
delivered to Eagle County Regional Airport Managers Office or such other place as may be
designated in writing by the County.
5.4. Fiscal Funding. (1) As prescribed by State of Colorado Fiscal Rules it is
understood and agreed this Lease is dependent upon the continuing availability of funds beyond
the term of the State current fiscal period ending upon the next succeeding June 30, as financial
obligations of the State of Colorado payable after the current fiscal year are contingent upon
funds for that purpose being appropriated budgeted and otherwise made available. Further, the
parties recognize that the act of appropriation is a legislative act and the Lessee hereby covenants
to take such action as is necessary under the laws applicable to the Lessee to timely and properly
budget for request of and seek and pursue appropriation of funds of the Legislature of the State of
Colorado which will permit Lessee to make all payments required under this Lease during the
period to which such appropriation shall apply. In the event there shall be no funds made
available, this Lease shall terminate at the end of the then current fiscal year, with no penalty or
additional cost as a result thereof to the Lessee.
5.5 To make certain the understanding of the parties because this Lease will extend
beyond the current fiscal year, the Guard and the County understand and intend that the
obligation of the guard to pay the rental hereunder constitutes a current expense of the Guard
payable exclusively from the Guard's funds and shall not in any way be construed to be a general
obligation indebtedness of the State of Colorado or any agency or department thereof within the
meaning of any provision of Sections 1,2,3, 4 or 5 of Article XI of the Colorado Constitution, or
any other constitutional or statutory limitation or requirement applicable to the State concerning
the creation of indebtedness. Neither the Guard, nor the County on its behalf has pledged the full
faith and credit of the State, or any agency or department thereof to the payment of the charges
hereunder, and this Lease shall not directly or contingently obligate the State or any agency or
department thereof to apply money from, or levy or pledge any form of taxation to, the payment
of the annual rental charges.
5.6 With such limitations in mind, the Guard contracts to lease the Premises herein
before described and has reason to believe that sufficient funds will be available for the full term
of this Lease. Where, for reasons beyond the Guard's funding entity does not allocate funds for
any fiscal period beyond the one in which this Lease is entered into, or does not allocate funds to
continue this Lease from the then current fiscal period such failure to obtain funds not resulting
Form — Amendment to Improved Real Property Lease Page 5 of 19
Rev. 2/2008
from any act or failure to act on the part of the Guard, the Guard will not then be obligated to
make the payments remaining beyond the Guard's then current fiscal period. In such event, the
Guard shall notify the County of such non - allocation of funds by sending written notice thereof
to the County forty -five (45) days prior to the effective date of termination.
5.7 The parties hereto further understand and agree that the only funds that have or
may be so appropriated and available for payment under this Lease in any one particular fiscal
year are for the purpose and in an amount sufficient only to pay the rental charges provided for in
article 1 above. Therefore, notwithstanding anything herein to the contrary, the payment by the
Guard of any other charges, liabilities, costs, guarantees, waivers, and any awards thereon of any
kind pursuant to this Lease against the Guard are contingent upon funds for such purpose(s)
being appropriated, budgeted and otherwise made available through the State of Colorado
legislature process.
5.8 Federal Funding. In the event that any or all funds for payment of this Lease are
provided by the Federal Government, this Lease is subject to and contingent upon the continuing
availability of Federal funds for the purposes hereof and if such funds are not made available this
Lease may be terminated unilaterally by the Guard at the end of any month provided a ninety
(90) day advance notice of termination is given to the County in writing.
ARTICLE SIX
ORIGINAL IMPROVEMENTS
As consideration for this Lease, the Guard shall construct at its sole expense the following
real property improvements:
6.1 Improvements substantially similar to those shown in the final High- Altitude
Army Aviation Training Site Master Plan dated May 18, 2009 (hereinafter "Improvements ").
6.2 All utilities and other attendant improvements necessary to complete the
p Y p
Improvements identified above.
6.3 The Improvements required by Section 6.1 hereof shall be completed or
substantially commenced no later than the tenth (10 anniversary of the commencement of the
Term of this Lease. If it is not completed by that date, this Lease shall automatically terminate
on that date as to those portions of the Leased Premises that have not been improved upon. Upon
completion of the Improvements the Leased Premises shall be leased to the Guard for the
remainder of the full Term.
6.4 Whether or not it is otherwise exempt therefrom, the Guard shall obtain all
approvals and permits for the Improvements required by this Article Six from the governmental
bodies having jurisdiction thereof as if it were a private, non - military entity. The Guard shall
obtain the architectural approval of the County as required by the Airport Planned Unit
Development Guide, regardless what governmental body(ies) has (have) jurisdiction over the
land on which they will be constructed.
Form — Amendment to Improved Real Property Lease Page 6 of 19
Rev. 2/2008
6.5 All paving and building shall be of permanent construction and shall be consistent
with the design materials and landscaping specifications approved by the Board ofCounty
Commissioners prior to construction.
6.6 Landscaping is required. The Guard shall provide a plan for landscaping, to be
approved by County and shall construct the same within the time allowed in paragraph 6.3
hereof.
6.7 Any substantial changes in the concept or design of the improvements materially
affecting the exterior appearance or capacity of the improvements shall require the prior approval
of the County.
6.8 Upon the expiration or earlier termination of this Lease, the Guard shall furnish to
County copies of all record drawings of improvements constructed upon the Leased Premises
which have not been removed by the Guard.
ARTICLE SEVEN
COMPLIANCE WITH LAW, REGULATIONS, AND REQUIREMENTS
The Guard shall use the Leased Premises solely for the purposes as set forth herein, and
in so doin g comply shall enforce and applicable laws of the State of Colorado and the
P Y with all pp
United States of America; and the rules, regulations, ordinances and resolutions of the County as
well as of any and all bureaus, departments and agencies of said County, State of Colorado and
the United States of America, as they may be amended from time to time. The Guard agrees to
faithfully observe and obey and to compel its employees, invitees, and those doing business with
it to observe and obey all of the following:
7.1 All Eagle County Regional Airport Rules and Regulations, which shall be deemed
to include but not be limited to the Security Manual;
7.2 "The Minimum Standards for Commercial Aeronautical Services and Activities at
the Eagle County Regional Airport "; and
7.3 All rules and regulations of the Federal Aviation Administration now in effect and
such further rules and regulations as may from time to time be adopted by it relative to the
operation of airports of the type and character of the Eagle County Regional Airport.
7.4 Airport Rules and Regulations and Minimum Standards shall be deemed
incorporated in this Lease by reference. They may be amended and expanded from time to time
in the sole discretion of the County, and, upon notice of any such change to the Guard, such
amended and new Rules and Regulations and Minimum Standards shall apply to the Guard and
be incorporated in this Lease as though set forth in full in this Lease. No such amendment or
expansion shall unreasonably interfere with the purpose of this Lease.
Form — Amendment to Improved Real Property Lease Page 7 of 19
Rev. 2/2008
7.5 Notification and Review Requirements. The Guard agrees to comply with the
notification and review requirements covered in part 77 of the Federal Aviation Regulations in
the event any future structure or building is planned for the Leased Premises, or in the event of
any planned modification or alteration of any present or future building or structure situated on
the Leased Premises.
7.6 The Guard shall timely report to the County any violations of the Airport Rules
and Regulations which are observed or become known to the Guard.
ARTICLE EIGHT
LEASE PROVISIONS RECOMMENDED OR REQUIRED BY
THE FEDERAL AVIATION ADMINISTRATION
The Guard as a part of the consideration hereof does hereby covenant and agree as a
covenant running with the land that:
8.1 No person on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of
the Leased Premises.
8.2 In the construction of any improvements on, over or under the Leased Premises
and the furnishing of services thereon, no person on the grounds of race, color, or national origin
shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination.
8.3 The Guard shall use the Leased Premises in compliance with all other
requirements imposed by or pursuant to Title 49 Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil
Rights Act of1964, as said Regulations may be amended.
8.4 It is understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right prohibited by federal law including grant
assurances with respect to FAA grants to the County for Airport development.
8.5 Affirmative Action
A. The Guard assures that it will undertake an affirmative action program, as
required by 14 CFR Part 152 Subpart E, or as required by the Department of
Defense, to ensure that no person shall, on the ground of race creed color national
origin or sex be excluded from participating in any employment contracting or
leasing activities covered in 14 CFR Part 152 Subpart E. The Guard assures that
no person shall be excluded on these grounds from participating in or receiving
the services or benefits of any program or activity covered by the subpart. The
Guard assures that it will require that its covered organizations assurance to the
County that they similarly will undertake affirmative action programs and that
they will require assurances from their suborganization, as required by 14 CFR
Part 152 Subpart E to the same effect.
Form — Amendment to Improved Real Property Lease Page 8 of 19
Rev. 2/2008
B. The Guard agrees to comply with any affirmative action plan or steps for
equal employment opportunity required by 14 CFR Part 152 Subpart E as part of
the affirmative action program or by any Federal, state or local agency or court,
including those resulting from a conciliation agreement, a consent decree, court
order, or similar mechanism. The Guard agrees that state or local affirmative
action plans will be used in lieu of any affirmation action plan or steps required by
14 CFR Part 152, Subpart E, only when they fully meet the standards set forth in
14 CFR 152.409.
8.6 The County reserves the right to further develop or improve the Airport as it sees
fit, regardless of the desires or view of the Guard, and without interference or hindrance.
Notwithstanding the foregoing, the County agrees to consult with and accommodate the Guard,
to the extent reasonably possible as determined by the County in its sole discretion, in order to
minimize interference with Guard operations.
ARTICLE NINE
OBLIGATIONS OF THE GUARD
9.1 The Guard shall provide for the adequate and sanitary handling and disposal,
away from the Airport, of all trash, waste and other materials, including but not limited to used
� g
oil, solvents, and other waste. The piling or storage of crates, boxes, barrels and other containers
will not be permitted outside of building within the Leased Premises. Nothing in this paragraph
shall prevent the use of used oil in an appropriate heater or furnace so long as the use of such
device complies with all applicable regulations.
9.2 The Guard shall maintain all its facilities in a neat, clean and esthetically pleasing
manner, and in accordance with all Rules and Regulations of the Airport. The Guard shall keep
its Leased Premises in a clean, safe and sanitary condition, including the removal of snow from
its parking areas and sidewalks. Snow removal shall be done promptly in a neat and
workmanlike manner to avoid leaving piles, windows or ridges of snow or ice which might be
hazardous.
9.3 Parking. The Guard shall provide adequate parking spaces upon the Leased
Premises for the use of the Guard's employees and guests.
ARTICLE TEN
ASSISTANCE TO THE AIRPORT
The Guard recognizes that much of the valuable property is being provided by the County
for the Guard's use based on the value of the Guard being present in the community. The Guard,
recognizing this contribution, pledges to assist the County and the Airport where possible subject
to the provision of all the laws and regulations under which the Guard operates.
Form — Amendment to Improved Real Property Lease Page 9 of 19
Rev. 2/2008
ARTICLE ELEVEN
GENERAL OPERATING PROVISIONS
11.1 Reservations of the County.
A. For the purpose of this Lease, "Public Aircraft Facilities" shall mean (1)
runways; (2) taxiways; (3) passenger ramp and apron areas; (4) any extensions or
additions to the above and any other space or facilities provided by the County at
the Airport for public and common use by aircraft operators in connection with
the landing and taking off of aircraft or in connection with operations hereinafter
authorized to be performed by aircraft operators upon the aforesaid runways,
taxiways, and public passenger ramp and apron areas; but only as and to the extent
that they are from time to time provided by the County at the Airport for public
and common use by aircraft operators.
B. The County reserves the right to further develop or improve the Airport as
it sees fit, regardless of the desires or views of the Guard and without interference
or hindrance except that the County may not arbitrarily violate or unreasonably
diminish the Guard's rights as provided elsewhere in this Lease except on a
temporary basis, or diminish its ability to perform the obligations undertaken by it
hereunder; provided, however that any general or partial closure of any public
aircraft facilities for the purpose and duration of construction or repair shall not be
considered a violation or diminishing of the Guard's rights or ability to perform.
County shall suffer no liability by reason thereof and such action shall in no way
alter or affect any of the Guard's obligations under this Lease.
C. The County reserves the right to maintain and keep in repair the Public
Y g P P
Aircraft Facilities of the Airport and all publicly owned facilities of the Airport
together with the right to direct all activities on the public portions of the Airport.
D. There is hereby reserved to the County, its successors and assigns, for the
use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the Leased Premises, together with the right to cause
in said airspace such noise as may be inherent in the operation of aircraft, now
known or hereafter used for navigation of flight in the air, using said airspace for
landing at, taking off from, or operating on the Airport.
E. The County reserves the right to take any action it considers necessary to
protect the aerial approaches of the Airport against obstruction, together with the
right to prevent the Guard from permitting to be erected any building or other
structure on or adjacent to the Airport which when erected will be above a mean
sea level elevation of six thousand five hundred eighty -nine feet and/or which, in
the opinion of the County, would limit the usefulness of the Airport or constitute a
hazard to aircraft.
Form — Amendment to Improved Real Property Lease Page 10 of 19
Rev. 2/2008
F. The County shall have the right at any time to close, relocate, reconstruct
change, alter or modify any means of access ingress and egress provided for the
Guard's use pursuant to this Agreement or otherwise, either temporarily or
permanently provided that reasonable notice to the Guard and a reasonably
convenient and adequate means of access ingress and egress shall exist or be
provided in lieu thereof. County shall use its best efforts to limit such closing to
the duration appropriate to the circumstances. County shall suffer no liability by
reason thereof and such action shall in no way alter or affect any of the Guard's
obligations under this Agreement.
g g
G. The County reserves the right to direct all activities of the Guard on the
Public Aircraft Facilities area at the Airport in the event of an emergency of if the
Guard's operations are interfering with the use by others of the public aircraft
facilities of the Airport, and to further develop and improve said Airport as the
County, in its sole discretion, may deem proper.
H. During the time of war or national emergency the County shall have the
right to lease the landing area or any part thereof to the United States Government
for military use, and, if such lease is executed the provisions of this instrument
insofar as they are inconsistent with the provisions of the lease to the Government
shall be suspended only with the written approval of the Department of Defense.
I. Noncompliance with this section shall constitute a breach or default of this
Lease and in the event of such non - compliance, the County shall have the right to
terminate this Lease, at the election of the United States government.
11.2 No Exclusive Rights Granted. It is understood and agreed that nothing herein
contained shall be construed to grant or authorize the granting of an exclusive right within the
meaning of Section 308 of the Federal Aviation Act, including grant assurances with respect to
FAA grants to the County for Airport development. The County reserves the right, at its sole
discretion, to grant others certain rights and privileges upon the Airport which are identical in
part or in whole to those granted to the Guard.
11.3 Subordination of Lease. This Lease shall be subordinate to the provisions of any
existing or future lease between the County and the United States, relative to the operation or
maintenance of the Airport, the execution of which has been or may be required as a condition
precedent to the expenditure of federal funds for the development, operation or maintenance of
the Airport.
11.4 Signs. The Guard shall not erect, maintain or display any external signs or other
advertising on the Leased Premises without first obtaining the written approval of the County,
which approval shall not be unreasonably withheld providing that any sign so requested shall
conform to requirements specified by the County. The Guard shall remove, at its expense, all
lettering signs and placards erected on the premises at the expiration of the term of this Lease.
Form — Amendment to Improved Real Property Lease Page 11 of 19
Rev. 2/2008
ARTICLE TWELVE
INSURANCE
12.1 The State of Colorado is a self- insured sovereign entity. National Guard
personnel, acting within their scope of duty are either in Title 32 or Title 10 status being covered
under the provisions of the Federal Torts Claim Act.
12.2 The Guard agrees to comply with all of the provisions of the laws of the State of
Colorado and the United States of America pertaining to Employer's Liability Insurance, and
further agrees that it will insure and keep insured all liability for compensation if required under
the Workmen's Compensation Act of the State of Colorado.
12.3 Therefore, the County acknowledges that the Guard is eligible for coverage
through a pool or government self- insurance plan, and accepts such pool or self- insurance plan
participation as the equivalent of insurance.
ARTICLE THIRTEEN
LIABILITY OF COUNTY FOR ACTS OF THE GUARD
Except as otherwise rovided within this Lease, the parties mutually agree that nothing contained
P p Y g
g
in this Lease, nor the operations hereunder, shall in any way be construed to constitute the parties
p � Y Y p
hereto as partners hereto as partners or be construed that the Guard is an employee or of the
County and in no event shall the County become liable for any loss which may result from the
operations of the Guard upon the Lease Premises, nor for any indebtedness incurred by the Guard
in the operations on the Leased Premises.
ARTICLE FOURTEEN
ASSIGNMENT AND SUBLETTING
The Guard may not assign this Lease (including subletting). Notwithstanding the
foregoing in the event the Guard constructs the improvements required by Article Six utilizing
federal funds, this Lease maybe assigned to the United States Government for the use of the
Colorado Department of Military Veterans Affairs if required as a condition for that funding.
ARTICLE FIFTEEN
COOPERATION
The Guard shall cooperate in a fair and reasonable way with all other persons and entities
operating on the Airport with the permission and approval of the County.
ARTICLE SIXTEEN
NOTICES
Any notices provided for herein shall be in writing and shall be (a) delivered in person (b)
Form — Amendment to Improved Real Property Lease Page 12 of 19
Rev. 2/2008
delivered by facsimile transmission and an original copy mailed by first class or better mail,
postage prepaid, to the party for whom intended at the address set forth below, or (d) mailed by
certified or registered mail, return receipt requested, postage pre -paid, to the party for whom
intended at the address set forth below:
State of Colorado
Department of Military and Veterans Affairs
c/o Mr. Mickey Hunt
6848 South Revere Parkway
Centennial CO 80112
Telephone: 720 - 250 -1510
Facsimile: 720 -250 -1519
The Board of County Commissioners
County of Eagle, State of Colorado
c/o The County Attorney
PO Box 850
Eagle, Colorado 81631
Telephone: 970.328.8685
Facsimile: 970.328.8699
Either party may change its address by written notice to the other party. Notices are
deemed to have been iven effective as of the date of delivery if
g y personally delivered, as of the
first business day after the date of facsimile transmission which is accompanied by proper
mailing, and as of the third mail delivery day after mailing alone.
ARTICLE SEVENTEEN
DEFAULT AND TERMINATION
17.1. Termination by the Guard. This Lease shall be subject to termination by the
Guard in the event of any one or more of the following events:
A. The abandonment of the Airport as an airport or airfield.
B. The default by County in the performance of any the terms, covenants or
conditions of this Lease, and the failure of the County to remedy or
undertake to remedy, to the Guard's satisfaction, such default for a period
of forty -five (45) days after receipt of notice from the Guard to remedy the
same.
C. Damage to or destruction of all or a material part of the Leased Premises
or Airport facilities necessary to the operation of the Guard's business.
D. At any time by giving six months notice in writing to the County.
Form — Amendment to Improved Real Property Lease Page 13 of 19
Rev. 2/2008
E. The lawful assumption by the United States, or any authorized agency
thereof, of the operation, control or use of the Airport, or any substantial
part or parts thereof, in such a manger as to restrict substantially the Guard
from conducting its operations for a period in excess of 180 days.
17.2 Termination by the County. This Lease shall be subject to termination by the
County in the event of any one or more of the following events:
A. Construction of the improvements outlined above are not completed by the
times indicated in Article 6.
B. The default by the Guard in the performance of any of the terms,
covenants or conditions of this Lease, and the failure of the Guard to
remedy, or undertake to remedy, to county's satisfaction, such default for a
period of forty -five (45) days after receipt of notice from County to
remedy the same.
17.3 Exercise of the rights of termination set forth in Paragraphs A and B above, shall
be by notice to the other party within thirty 30 days following the event giving rise to the
termination.
17.4 Removal of Property. Upon termination of this Lease for any reason, the Guard,
at its sole expense, may remove from the premises all signs, trade fixtures, furnishing, personal
property, equipment and materials which the Guard was permitted to install or maintain under
the rights granted herein.
17.5 Ownership of the improvements to the real estate constructed on the Leased
Premises, shall pass to the County of Eagle, State of Colorado upon the expiration of this Lease
or any earlier termination.
17.6 Causes of Breach.
A. Neither party shall be held to be in breach of this Lease because of any
failure to perform any of its obligations hereunder if said failure is due to
any cause for which it is not responsible and over which it has no control;
provided, however, that the foregoing provision shall not apply to failures
by the Guard to pay fees, rents or other charges to the County or the failure
to build on the parcels as provided.
B. The waiver of any breach violation or default in or with respect to the
performance or observance of the covenants and conditions contained
herein shall not be taken to constitute a waiver of any such subsequent
breach, violation or default in or with respect to the same or any other
covenants or condition hereof.
ARTICLE EIGHTEEN
DUTY TO OBTAIN REQUIRED PERMITS
18.1 The Guard shall, at its sole expense, obtain and maintain in good standing all
Form — Amendment to Improved Real Property Lease Page 14 of 19
Rev. 2/2008
proper and necessary permits and licenses necessary to carry out and perform its obligations
under this Lease, including any permit required by the Town of Gypsum.
18.2 Materials and Labor Payment Bond. Prior to beginning construction, the Guard
shall supply to the County in a form satisfactory to the County Attorney's office, a Materials and
Labor Payment Bond to insure that all contractors, materials, workers, suppliers, subcontractors,
etc., are paid for their activities and materials used on construction of the Guard's facilities on the
Lease Premises; and to insure no claim is made against the County and that no lien shall attach to
the County's property. This paragraph applies also to the improvements constructed pursuant to
Article Six hereof.
ARTICLE NINETEEN
RIGHTS OF SEIZURE
The County shall not be liable in any respect to the Guard in the event of any seizure of
all or any part of the Leased Premises by the United States of America or the State of Colorado in
time of war or other national emergency. Rent otherwise payable to the County shall abate
during such period, to the extent that such seizure substantially interferes with the Guard's ability
to conduct its operations.
ARTICLE TWENTY
FACILITY; LEASEHOLD IMPROVEMENTS
Prior Approval. All improvements (and alteration to improvements) constructed by the
Guard shall receive prior structural, design and landscaping approval of the County, which
approval shall not be unreasonably withheld. If the County requires modification of the original
plans and specifications, the Guard shall have ten (10) calendar days from the date of receipt of
the proposed revisions to resubmit the plans and specifications for the County's approval. For
purposes of this approval requirement, the plans and specifications shown in the High - Altitude
Army Aviation Training Site Master Plan dated May 18, 2009 are deemed approved by the
County.
ARTICLE TWENTY -ONE
OPERATING STANDARDS
In providing any of the required and /or authorized services or activities specified in this
Lease, the Guard shall operate for the use and benefit of the public and shall meet or exceed the
following standards:
21.1 The Guard shall meet all expenses and payments in connection with the use of the
Leased Premises and the rights and privileges herein granted, including taxes (if any) from which
the Guard is determined to not be exempt, permit fees, license fees and assessments lawfully
levied or assessed upon the Leased Premises or property at any time situate therein and thereon.
Form — Amendment to Improved Real Property Lease Page 15 of 19
Rev. 2/2008
21.2 The Guard shall comply with all Federal, state and local laws, rules and
regulations that may apply to the conduct of the business contemplated, including rules and
regulations promulgated by the County.
21.3 The Guard shall be responsible for the maintenance and repair of the Leased
Premised and shall keep and maintain them in good condition, order and repair, and shall
surrender the same upon the expiration of this Lease, in the condition in which they are required
to be kept, reasonable wear and tear and damage by the elements not caused by the Guard's
negligence excepted.
21.4 It is expressly understood and agreed that, in conducting its operations on the
Leased Premises, the Guard shall have the right to choose, in its sole discretion, its vendors and
suppliers.
ARTICLE TWENTY -TWO
SURRENDER OF POSSESSION
22.1 On the expiration or other termination of this Lease, the Guard's right to use of
the premises, facilities, and services described herein shall cease, and the Guard shall vacate the
premises without unreasonable delay.
22.2 The terminal, fixtures, improvements, and other property bought, installed or
erected by the Guard in, on, or about the Airport and premises leased hereunder shall be d eemed
Y
tP P
to become the property of the County upon conclusion of the Lease term or other termination of
the Lease. The parties agree, however, that the United States Government has an interest in any
improvements for a period of twenty -five (25) years following completion of construction of the
improvement. Any and all personal property not removed by the Guard within a 30 -day period
after the expiration or other termination of the Lease shall thereupon become a part of the land on
which it is located, and title thereto shall thereupon vest in the County.
ARTICLE TWENTY -THREE
INSPECTION BY COUNTY
During the term hereof, the County shall have the right to inspect said premises either by
its Commissioners or designated employees, at any or all reasonable times upon adequate prior
notification to the Guard, subject to any security restrictions in place by reason of the Guard
activities.
ARTICLE TWENTY -FOUR
DAMAGE OR DESTRUCTION OF IMPROVEMENTS
If the improvement(s) required by Article Six are completely or partially damaged by fire,
the elements, the public enemy, or other casualty, it shall be repaired with due diligence by the
Guard at its own cost and expense. If the Guard terminates the Lease, County shall give notice
Form — Amendment to Improved Real Property Lease Page 16 of 19
Rev. 2 /2008
within 60 days after the termination notice of any buildings or structures remaining on the Leased
Premises it wants to keep and the Guard shall at its sole expense and within 60 days after the
County's notice remove all remaining structures and debris and restore the Leased Premises to
their condition at the commencement of the Lease. All of the above requirements are subject to
the governmental funding process and limitations.
ARTICLE TWENTY -FIVE
F.A.A. AND AIRPORT INSTRUMENTS
The Federal Aviation Agency and the County are hereby granted the right and privilege
by the Guard to place on and around the above - described premises, without cost to the Guard,
whatever instruments and equipments they desire during the term of this Lease, so long as said
instruments or equipment do not interfere with the intended use of the premises by the Guard.
ARTICLE TWENTY -SIX
NO PRIVATE CAUSE OF ACTION
The rights herein contracted for shall inure solely to the benefit of the parties to this
Lease, and nothing herein shall be construed to grant a cause of action to non - parties claiming as
third party beneficiaries or otherwise.
ARTICLE TWENTY -SEVEN
ADDITIONAL CONDITIONS
27.1 All the covenants, conditions, and provisions in this Lease shall extend to and
bind the legal representatives, successors, and assigns of the respective parties hereto.
27.2 This Lease shall be construed under the laws of the State of Colorado. Any
covenant, condition, or provision herein contained that is held to be invalid by any court of
competent jurisdiction shall be considered deleted from this Lease, but such deletion shall in no
way affect any other covenant, condition or provision herein contained so long as such deletion
does not materially prejudice the County or the Guard in their respective rights and obligations
contained in the valid covenants, conditions, or provisions of this Lease.
27.3 All amendments to this Lease must be made in writing by mutual agreement of
the parties, and no oral amendments shall be of any force or effect whatsoever.
27.4 The clause headings appearing in this Lease have been inserted for the purpose of
convenience and ready reference. They do not purport to, and shall not be deemed to, define,
limit or extend the scope or intent of the clauses to which they appertain.
27.5 Lessee and the Guard. For purposes of this Lease the terms "Lessee" and "The
Guard" are one and the same meaning and refer to the State of Colorado acting by and through
the Department of Military and Veterans Affairs, its successors or assigns.
Form — Amendment to Improved Real Property Lease Page 17 of 19
Rev. 2/2008
27.6 Lessor and County. For purposes of this Lease the terms "Lessor" and "County"
are one and the same meaning and refer to the County of Eagle, State of Colorado, or its
successor or assigns.
27.7 This Lease supersedes all previous communications, negotiations and /or contracts
between the respective parties hereto, either verbal or written, and the same not contained herein
are hereby withdrawn and annulled.
27.8 No beneficial interest. The signatories aver that to their knowledge, no state
employee has any personal or beneficial interest whatsoever in the service or property described
herein.
27.9 No violation of law. The signatories hereto aver that they are familiar with §18-8-
301, et seq., (Bribery and Corrupt Influences) and § 18 -8 -401, et sep., (Abuse of Public Office),
C.R.S. as amended, and that no violation of such provisions is present.
27.10 Controller's approval. In accordance with the requirements of §24 -30- 202(1)
C.R.S. as amended, this Lease shall not be deemed valid until it has been approved by the State
Controller, or such assistant as he may designate.
Y g
27.11 Should the Guard cease use of the premises for the Guard purpose, they shall
surrender the premises not so used to the County subject to any interest the Federal government
may claim by reason of the construction of facilities. To "cease use" shall mean to not use the
facility for a year or more except in time of war.
27.12 Eminent Domain, Termination of Lease. If the Leased Premises shall be taken by
eminent domain, in whole or in art then this Lease, s ease at the option of either party, p p Y, shall forthwith
cease and terminate and the current rent shall be ro erl apportioned to the date of such taking;
p
p Y pp g
and in such event the entire damages which may be awarded for such taking shall be apportioned
between Lessor and Lessee.
27.13 Lessor/Vendor Offsets Notice. Pursuant to Sec 24 -30 -202.4 C.R.S. (as amended),
the state controller may withhold debts owed to state agencies under the vendor offset intercept
system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax,
accrued interest, or other charges specified in Article 21, Title 39, C.R.S.; (c) unpaid loans due
to the student loan division of the department of higher education; (d) owed amounts required to
be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or
any agency thereof, the amount of which is found to be owing as a result of final agency
determination or reduced to judgment as certified by the controller.
Form — Amendment to Improved e o p oved Real Property Lease Page 18 of 19
Rev. 2/2008
IN WITNESS WHEREOF, the parties hereto have executed this Lease agreement on the day
and year first above written.
CORPORATIONS: COUNTY OF EAGLE, STATE OF
(A corporate attestation is required, C.' COLORADO, By and Through Its Board of
c4 1 G4 County Commissioners
ATTEST (Seal) Ice
°
By: 4164, ,
tr* _ kilt,
Clerk to the Bo.. • _�:.,,1. y Co ~i „ " L'. By:
urn -
Sara J. Fisher Chairman
(place corporate seal here, if available) Name (Print) Title (Print)
STATE OF COLORADO TENANT:
Bill Ritter, Jr., Governor STATE OF COLORADO
DEPARTMENT OF PERSONNEL & Bill Ritter, Jr., Governor
ADMINISTRATION The Department of Military and Veterans Affairs
Office of State Architect, Real Estate Programs
For the Executive Director Acting by and through
By: By:
Executive Director
Date:
Date:
APPROVALS
ALL CONTRACTS MUST BE APPROVED
BY THE STATE CONTROLLER:
CRS 24 -30 -202 requires that the State
Controller approve all State contracts. This
contract is not valid until the State Controller,
or such assistant as he may delegate, has signed
it. The Landlord is not authorized to begin
performance until the contract is signed and
dated below. If performance begins prior to
the date below, the State of Colorado may not
be obligated to pay for the good and/or services
provided.
APPROVED: APPROVED:
Form — Amendment to Improved Real Property Lease Page 19 of 19
Rev. 2 /2008
DEPARTMENT OF LAW STATE OF COLORADO
John Suthers, Colorado Attorney General Bill Ritter, Jr., Governor
ATTORNEY GENERAL (or authorized STATE CONTROLLER'S OFFICE
Delegate) State Controller (or authorized Delegate)
By:
By: Date:
Date:
•
Form — Amendment to Improved Real Property Lease Page 20 of 19
Rev. 2/2008
071184.103.3.1000
July 16, 2010
Property Description
Consolidated Lease Parcel Revised
A parcel of land being a portion of Tracts 55, 56, 58 and 59, of the SUPPLEMENTAL PLAT accepted by
the General Land Office on June 6, 1923, lying in Section 3, Township 5 South, Range 85 West of the 6`
Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows:
COMMENCING at Corner #2 of said Tract 56, (a found 3 1/4" Aluminum Cap stamped "EAGLE
COUNTY LS 13901 T5S R85W TR58 TR55 1 2 3 4 TR59 TR 56 1991 DO NOT DISTURB ");
WHENCE Corner #2 of Tract 54, said SUPPLEMENTAL PLAT, (a found 2 %2" Brass Cap stamped "US
General Land Office T5S R85W TR56 TR54 TR53 2 3 ") bears S70 °26'34 "E a distance of 4166.63 feet;
THENCE S30 °13'23 "W a distance of 502.65 feet to the POINT OF BEGINNING;
THENCE N06 °50'42 "W along the westerly line of a 14.110 Acre + /- Parcel of land described in the FIRST
AMENDMENT TO THE GROUND LEASE between the County of Eagle, State of Colorado (Department
of Military Affairs), effective date, November 1, 2000 (Unrecorded) a distance of 600.00 feet;
THENCE S88 °48'18 "E distance of 1082.98 feet;
THENCE S86 °59'25 "E along the northerly line of Sublease Parcel A, recorded in Eagle County Clerk and
Recorder's Office in Book 493 at Page 500, and extension thereof a distance of 260.98 feet;
THENCE S03 °09'49" W along the extension of the westerly line of Sublease Parcel B, said Book 493 at
Page 500 a distance of 84.79 feet;
THENCE S86 °59'25 "E along the extension of the southerly line of Sublease Parcel A, said Book 493 at
Page 500 a distance of 76.76 feet;
THENCE the following two (2) courses along the easterly and southerly lines of said 14.110 Acres +/-
Parcel;
1) S03 °00'35 "W a distance of 311.83 feet;
2) THENCE S83 °09'18 "W a distance of 1336.98 feet to the POINT OF BEGINNING.
Containing 15.656 Acres, (681,972 square feet), more or less.
BASIS OF BEARING for this description is the line between said Corner #2 of Tract 54 (a found 2 %2"
Brass Cap stamped "US General Land Office T5S R85W TR56 TR54 TR53 2 3 ") and Corner # 1 of said
Tract 54 (a found 1" rod with 2 1 4" Brass Cap stamped "US General Land Office T5S R85W TR53 TR54
S2 1918). Said line bears S88 °08'48 "E a distance of 2641.22 feet (assumed).
repared by 7- _ ' /0
Marla M. McOmber 4 4 4 . rt L 1
For and on behalf o
OA Engineering Q , up
707 17 Street #23000
Denver, CO 80202
303.820.5240
K:1072618 - EGE NAATS\D esc1Legals \ConsolidatedLeascparcelRev.doc Page I of 1
EXHIBIT
1 g
-J
58 /,' ' '' Tract 55 A '- ,
i
- -X-1BIT A
Tract
- , „ ' ),
t 0 rOINT OF 1' ' t 4 tr , I '
i - .) "■ C,
ID .-z . (Al MMENCEMENT
r 1 , ,,,,,,; ,
2-5 1 ,-,;: -, #2 Tract 56
. g ,
. e • , It 0
- . 1/4 AC EAGLE COUNTY LS 13901 Wly line Sublease ,4 g s
.- ..„.', .
g , l ,' .. .g.%.2g. S R85W TR58 TR55 1 2 3 4 TR59 Parcel B - "ggizt; 0 ,
ITR56 1991 DO NOT DISTURB" Bk 493, Pg 500 : (gr) a.
1082.98' 1 260.98' 1
S 8848'18" E g , 2
S 865925" E :—
co Q. 03
Vely line
tsrly line
14.110 ac. +/ I Parcel k; c;!`;;Z:‘ i _ ...
Parcel
z 4 3 S 63 Vi
76.76'
olg */ k
t.T1
/ CONSOLIDATED LEASE s 86'59'25" E
1
ct ; 1
1 PARCEL REVISED AREA — 8
^.) t g AI
15.656 Ac. 0
c)
(681,972 Sq.Ft.)+/—
E
c-,/ ,, ,,„ Vv."1 ly line Sublease (1)
--
0)
Parcel A
o. ' / I I 'ligg4r,'::.,' ;' '''' '",` ;c4
4- 3
Bk 493, Pg 500
PY kAi
CC / 1 II: --
. c:)
0 e%.,
i 493, Pg 500
/
' 8
1336
.
' S 83 W
/ t
SIy tine S
Anreement
I c p 1 s Use
__--------
1 ca 1
11 I ....----- ........----0 .....
POINT OF , cp 1 ,
,-, 1t;t L..------------- -------- ...
BEGINNING I t Corner #1 Tract 54
Irn Fnd, 2 1/2" BC on 1" rod up
Tract 59 I k Tract 56 1.2' "US General Land Office T5S
R85W TR53 TR54 S2 1918"
1 Corner #3 Tract 53 S 88'8 E 2641.22' "
-----+
Inch . 200 ft.
This exhibit does not represent a Corner #2 Tract 54 ( Basis of Bearing—Assumed)
monumented survey and is intended FND. 2 1/2" BC on 1" rod up 1
only to depict the attached property 1.3' "US General Land Office T5S
description. I R85W TR56 TR54 TR53 2 3"
\ \
COBS PROJECT NO. 071184 EAGLE COUNTY AIRPORT
. CUENT PROJECT ta PN 080002
TRACTS 55, 56 58 & 59
REVISION DESCRIPTION *
DRAWN jeki DATE 07/100 I SCALE 1=200 Township 5 South, Range 85 West, 6th P.M.
TITLE Consolidated Lease Parcel Revised
JACOBS
707 17th Street, Suite 2300, Dower 03 80202 HAATS Facility, Eagle County, Colorado
(ZO2O 7120-5240 Rat OM 11864$42
met um& AND ssr moans mom Dm V tome es sscoss Esessmo mow so. REVISION: DRAWING NO. SHEET NO
fOlt TIE tioser MUM ANT IGOE OR 100110010/1 VMHOgif Mr MI= COMO' Of DOOKLION ConsolidatedRev.dwg EXHIBIT
1031. Oki *MIL It At lit SOW MX QUM MI
071184.103.3.1000
July 16, 2010
Property Description
Additional CORNG Unit
A parcel of land being a portion of Tract 55, of the SUPPLEMENTAL PLAT accepted by the
General Land Office on June 6, 1923, lying in Section 3, Township 5 South, Range 85 West of the
6 Principal Meridian, County of Eagle, State of Colorado, being more particularly described as
follows:
COMMENCING at Corner #3 of said Tract 55, (a found 3 1/4" Aluminum Cap stamped "EAGLE
COUNTY LS 13901 T5S R85W TR58 TR55 1 234 TR59 TR 56 1991 DO NOT DISTURB");
WHENCE Corner #2 of Tract 54, said SUPPLEMENTAL PLAT, (a found 2 " Brass Cap
stamped "US General Land Office T5S R85W TR56 TR54 TR53 23") bears S70°2634"E a
distance of 4166.63 feet;
THENCE N87°42'58"E a distance of 1014.96 feet to the POINT OF BEGINNING;
THENCE NO3°09'49"E along the westerly line of Sublease Parcel B, Book 493 at Page 500 ,
recorded October 20, 1988 in Eagle County Clerk and Recorder's Office, and extension thereof a
distance of 305.83 feet;
THENCE S86°5919"E along a line 30.00 feet northerly of and parallel with the northerly line of
said Sublease Parcel 13 a distance of 358.91 feet;
THENCE S02°37'26"W along the easterly line of said Sublease Parcel B and extension thereof a
distance of 305.82 feet;
THENCE N86°59 a distance of 361.79 feet to the POINT OF BEGINNING.
Containing 2.530 Acres, (110,202 square feet), more or less.
BASIS OF BEARING for this description is the line between said Corner #2 of Tract 54 (a found
2 Y2" Brass Cap stamped "US General Land Office T5S R85W TR56 TR54 TR53 2 3") and Corner
# 1 of said Tract 54 (a found 1" rod with 2 Y2 " Brass Cap stamped "US General Land Office T5S
R85W TR53 TR54 S2 1918). Said line bears S88°0848"E a distance of 2641.22 feet (assumed).
c r ., 5y 1 7;
4,
'repared by
Marla M. McOlifper*PLS 24961.
For and on behalf fligbbiiring Group
707 17 Street #23
Denver, CO 80202
303.820.5240
K:\072618 - EGE HAATS\Desc‘Legals\COARNG Una doe Page 1 of
EXHIENT
fi
,
EXHIBIT A 358.91'
S 8659'19" E
1 I POINT OF COMMENCEMENT ADDITIONAL COARNG 4.1
...1 .
Corner #2 Tract 56 UNIT AREA
3 1/4" AC "EAGLE COUNTY LS 13901
2.530 Ac. -00.16
subtegu.Rorcel 8 1 a
,,,O. 1 :1 ) )) 3, F 4 a
T5S R85W TR58 TR55 1 2 3 4 TR59 ( Bk649 SI OP
TR56 1991 DO NOT DISTURB" 110,202 Sq.Ft.)+/ P44500
- 0
z i r.. •
r-s in
r Tract 55 --T-
I 1 S sleeve,* '. A,AA A
ee , 4 5 Ave WA I e
361.79' - co
1 ----=- --
4. . ____
1014.9r --- 874
POINT OF
N 86'59'25" W
—
1 \
BEGINNING
1 \\ Consolidated Lease
I \
\ CallSorldated
1 hrEIZ,M: =,..„rr4
Tract 56 ac
Le (Ise pOrCet Sub
Revised
I \
\
Use
_ - _ ----
I t
t , \ere
-- - --------- —
SEG. 3
i______ ----- ----1
\a., Agreement
T.58., 11.85W
e
s.\--- 6T.H RM.
( \
'' 4i Corner #1 Tract 54
v - i- 10
.Z.. Fnd. 2 1/2" BC on 1" rod up
\ 1.2' ''US General Land Office T5S
Ad -, \
1
R85W TR53 TR54 S2 1918"
Corner #3 Tract 53
___ 1
Comer
FND. 2 1/2*
; #2 Tract 54
BC s 8808'48' E 2641.22'
General Land Office T5S R85W TR56 TR54
( c B t as is 4 of Bearing-Assumed)
on 1" rod up 1.3' "US
1 I
This exhibit does not represent a TR53 2 3" Tract
L loo
monumented survey and is intended only 400
no
1
to depict the attached property description. 1 Inch ... 200 ft.
JACOBS PROJECT NO. 071184 \
EAGLE COUNTY AIRPORT
WENT PROJECT NO. F'N 080062
TRACTS 55 at 56
REVISION DESCRIPTION
.. DRAWN jsk 'DATE 07/16/10 I saALE i...200` Township 5 South, Range 85 West, 6th P.M.
JACOBS TITTE:
Additional COARNG Unit
707 17th Street, Suite 2300, Denver CO 80202 HAATS Facility, Eagle County, Colorado
ODD DPD-4240 Fat 00* NO-450
IND WINK MD NW ADM= norms DATA In MEMO if JAM DKONDOK Mt* DC REVISOR: DRAWING NO. SHEET
K* THE nositer mem Alff NW el MONFACION *OW DK MIDI COM* Of OMICEMIN COARNGUnit.dwg
MOW DK MIL ID AT IIS SOLE MK tt 1NR UM
EXHIBIT
071184.103.3.1000
July 16, 2010
Property Description
Consolidated Lease Sub-Parcel
A parcel of land being a portion of Tracts 55 and 56, of the SUPPLEMENTAL PLAT accepted by the
General Land Office on June 6, 1923, lying in Section 3, Township 5 South, Range 85 West of the 6`
Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows:
COMMENCING at Corner #2 of said Tract 56, (a found 3 1/4" Aluminum Cap stamped "EAGLE
COUNTY LS 13901 T5S R85W TR58 TR55 1 2 3 4 TR59 TR 56 1991 DO NOT DISTURB");
WHENCE Corner #2 of Tract 54, said SUPPLEMENTAL PLAT, (a found 2 'A" Brass Cap stamped "US
General Land Office T5S R85W TR56 TR54 TR53 2 3") bears S70°26'34"E a distance of 4166.63 feet;
THENCE S75°38'39"E a distance of 1109.06 feet to the POINT OF BEGINNING;
THENCE NO3°00'35"E along the easterly line of a 14.110 Acre+/- parcel of land described in the FIRST
AMENDMENT TO THE GROUND LEASE between the County of Eagle, State of Colorado (Department
of Military Affairs), effective date, November 1, 2000 (Unrecorded) a distance of 311.83 feet;
THENCE S86°59'25"E along the southerly line and extension thereof of Sublease Parcel A, Book 493 at
Page 500, recorded October 20, 1988 in Eagle County Clerk and Recorder's Office a distance of 285.03
feet;
THENCE S02°37'26"W along the extension of the easterly line of Parcel C, said Book 493 at Page 500 a
distance of 262.02 feet;
THENCE S83°09'18"W along the extension of the southerly line of said 14.110 Acre+/- parcel of land a
distance of 291.09 feet; to the POINT OF BEGINNING.
Containing 1.884 Acres, (82,056 square feet), more or less.
BASIS OF BEARING for this description is the line between said Corner #2 of Tract 54 (a found 2 '/2"
Brass Cap stamped "US General Land Office T5S R85W TR56 TR54 TR53 2 3") and Corner # 1 of said
Tract 54 (a found 1" rod with 2 '/2" Brass Cap stamped "US General Land Office T5S R85W TR53 TR54
S2 1918). Said line bears S88°08'48"E a distance of 2641.22 feet (assumed).
-0 t.
• .;C
400yd Ate 017 ;1
Prepared by.
Date: 7,47 61 / 0
Marla Mellor McOmbei‘.11 .249:4
For and on behalf ofJagibl,Eiagineeri ng Group
K:1072618 - EGE flAA rS1Desc Legals‘Conl_easeSubParcel.doe Page 1 of 1
EXHIBIT
1 9-
XHIBIT A
POINT OF COMMENCEMENT CONSOLIDATED LEASE f ------ ----- ------- -1
I Corner #2 Tract 56
3 1/4" AC "EAGLE COUNTY LS 13901 SUB-PARCEL AREA
1 . 884 Ac.
T5S R85w TR58 TR55 1 2 3 4 TR59 i ,
TR56 1991 DO NOT DISMRB 0 (82,056 Sq.Ft.)+/- 1 I 1 cow
NG Unit
I i _ _ .. __ _ —_, ----- _ — ___ , I Additr
,,,,,,, , ,„ i ' I
1 Tract 55 „ 4, ,„,,,,,, r 1
1
* N 8659'25" W
85.03' 2 _
CD SN
I I \ \ ConSa line !O - 2
" 109........06....„ ...., ,_,.. LecIse Parcel e‘liSed El G ....:
14.110 Ac±/-
• (.0 in
c•4 ZNI
I \
Parcel cl r4
(f) a
(1)
291 . 091
E --- --,
1:4;V: : :::',4,4,
Nr-r<erft ', Tract 56 ,, 8S09 ,18. Iv __
\ \ POINT OF
1
\ BEGINNING
se re
ment
u kl----
\ surtace --------- ----
__--- --- .......------
SEC, 3
t__----- ------- -co' 115S., FLE6W,
I \ ....>
611A Pht
I ,
r 0 c
4 - 1 \ x 4
r el3 Al i i ''', 12 \
\
Corner #1 Tract 54
4
7
:,:e,"
Z. Fnd. 2 1/2" BC on 1" rod up
.-''
\ 1.2' "US General Land Office T5S
Ail/4, , , ,,, ,), ' \
$, , -, ' R85W TR53 TR54 S2 1918"
Corner #3 Tract 53
Corner #2 Tract 54
' FND. 2 1/2" BC on 1 rod up 1.3' "US S 88'08'48" E 2641.22'
i' General Land Office T5S R85W TR56 TR54 I (Basis of Bearing-Assumed) I
This exhibit does not represent a TR53 2 3" i Tract 54
0 50
monumented survey and is intended only 100 200 40
;;;J ;J
to depict the attached property description.
1 inch = 200 ft.
JACOBS PROJECT NO. 071184
EAGLE COUNTY AIRPORT
-:.- CUM PROJECT NO. P14 080062
TRACTS 55 & 56
REVISION DESCRIPTION
DRAWN jek I DATE 07/16/10 1SCALE 1..-.200' Township 5 South, Range 85 West, 6th P.M.
JACOBS TITLE:
Consolidated Lease Sub-Parcel
707 17th Street, Suite 2300, Denver CO 80202 HAATS Facility, Eagle County, Colorado
0 8 20-520 FM OM 220-480
no wow AM or AMOCO= =now mu WM mato ar aeon ammo pour Pc. REVISION: DRAWING NO. SHEET NO.
r Ma Mt MOJECT NOWATED. MY KM 22 IMMICMON 110121f Mt MORN COMM OF EMMIZAING ConLeaseSubPorceLdwg EXHIBIT
MVP fic. MAU St AT nit SCU NU Or nit tem
\ \
' ' hi
071184.103.3.1000
July 16, 2010
Property Description
Surface Use Agreement Parcel
A parcel of land being a portion of Tract 56, of the SUPPLEMENTAL PLAT accepted the General Land
Office on June 6, 1923, lying in Section 3, Township 5 South, Range 85 West of the 6 , u Principal Meridian,
County of Eagle, State of Colorado, being more particularly described as follows:
COMMENCING at Corner #2 of said Tract 56, (a found 3 1/4" Aluminum Cap stamped "EAGLE
COUNTY LS 13901 T5S R85W TR58 TR55 1 2 3 4 TR59 TR 56 1991 DO NOT DISTURB");
WHENCE Corner #2 of Tract 54, said SUPPLEMENTAL PLAT, (a found 2 'A" Brass Cap stamped "US
General Land Office T5S R85W TR56 TR54 TR53 2 3") bears S70'26`34"E a distance of 4166.63 feet;
THENCE S21 a distance of 414.62 feet to the southerly line of a 14.110 Acre+/- parcel of land
described in the FIRST AMENDMENT TO THE GROUND LEASE between the County of Eagle, State of
Colorado (Department of Military Affairs)„ effective date, November 1, 2000,(Unrecorded), being the
POINT OF BEGINNING;
THENCE N83°091 8"E along the southerly line of said 14.110 Acre+/- parcel and extension thereof a
distance of 1400.00 feet;
THENCE S06°50'42"E a distance of 150.00 feet;
THENCE S83°09'18"W a distance of 1400.00 feet;
THENCE N06°50 a distance of 150.00 feet to the POINT OF BEGINNING.
Containing 4.821 Acres, (210,000 square feet), more or less.
BASIS OF BEARING for this description is the line between said Comer #2 of Tract 54 (a found 2 V2"
Brass Cap stamped "US General Land Office T5S R85W TR56 TR54 TR53 2 3") and Corner # 1 of said
Tract 54 (a found 1" rod with 2 1 /2 " Brass Cap stamped "US General Land Office T5S R85W TR53 TR54
S2 1918). Said line bears S88°08'48"E a distance of 2641.22 feet (assumed).
44 r (7,
epared by. 4
t. :
Date: 7- c ?..6 x e /
Marla Mellor McO i ' * mS2,49et:
For and on behalf of Ja4eigineering Group
K.‘072618 EGE !IAA rS \Des 1 of 1
EXHIBIT
- - - x-IBIT A
. .
Tract 58 Tract 55
I POINT OF
COMMENCEMENT
I Corner #2 Tract 56
3 1/4" AC "EAGLE COUNTY LS 13901
I T5S R85W TR58 TR55 1 2 3 4 TR59
TR56 1991 DO NOT DISTURB"
--------------------- ------------ 7 ----- ..., ------ ___,___,„„,._________ ---- ,.,_
I , I
. i 1
. . .,, _ ..... ..._... _ ... _ .„. _ .... ..
,_---
? — ---, ,,
v. 6 3 ,---. ,....
\ I L1
)0
-..„
POINT OF 14.110+/- Ac
- - ,
---\\
te , ealla
\\ BEGINNING
» Sly line
Parcel
0IY
N 83'09 18
' E. 1400.
Co...,nsolidoted Lepaase
Use Agreenien t reel
,Parcet Revised
---- ,,
----
ot VI, Surface •
cri c, 400.06
c )18" V4 1
S 8S°
UJ
SURFACE USE AGREEMENT
PARCEL AREA 0
Tract 59 Tract 58 4.821 Ac.
„.
I (210,000 Sq.Ft.)+/- *1'.
7 This exhibit does not represent a
0 50
monumented survey and is intended only 1Q 200 400
iiiil
to depict the attached property description.
t inch = 200 ft.
,.,
1 , \
J- ACO8S PROJECT NO. 071184 EAGLE COUNTY AIRPORT
LI” C ENT PROJECT NO. PN 080062
TRACT 56
-;" REVISION DESCRIPTION
,..
DRAWN jek 'DATE 07/16/09 'SCALE 1=200' Township 5 South, Range 85 West, 6th P.M.
:f
JACOBS TITLE' SURFACE USE AGREEMENT PARCEL
HAATS Facil C C
707 17th Street, Suite 2300, Denver CO 80202 ity, Eagle ounty, olorado
9* Da-DA40 rat MO 020-402
, DAT Min:DiAL MO AM MAMA= IIEDTIONIC DATA WAS PUMPS itil SACOOS ONDIEVIDAT coup pe. REVISION: DRAWING NO. aceUseParceLdwg --SHEET
, , TOR THE FROJECT tanonno. MY KM Olt 1100.011001 TIMM ITC WRITIDI COMENT Of tlieDIMAIMA Surf EXHIBIT
NOW NC, VW K AT TIN MX MA DE USCG
• \
/9 CY
EX A
,-- - - ---- ----- ----- , Tract 55
Subkm Nr4 i%
i ek 193 oo.;
44-' ,
deco.* ''.
I i 1 . t 's e‘
40 ,
i
i 1-0 t iic; 61 ',411' T5
L
71 -- --------- ---I
-- V
-
f---
)
I 41 0 *
• *
# *,,
101 ■ ,, .„... k ,.
t .S Cie I tlez AN*
() \e ..,ze$
ul
0
83.09'18 1400.00'
N " b. eement 9 Q-
0 .p.
SUrta U
s
a 400 00
9404 W . . m '`... S 83'09 "3 Corner #1 Tract 54
--,. --....
-.... Fnd. 2 1/2" BC on 1" rod up
--.. -,
1.2' "US General Land Office T5S
--...
Li --... ,i ,....
R85W TR53 TR54 52 1918"
z — — — — —
corner #2 Tract 54 t
08'48" E —
2641.22'
T5S RB5W, tCorner #3 Tract 53 ,
S 88
Basis of Bearing–Assumed) i:
Tract 56
"I
61-1 RM. i FND. 2 1/2" BC on 1" rod up
11 .3' "US General Land Office T5S
,..
I ,
1 R85W TR56 TR54 TR53 2 3"
Tract 54
I
„
I
=,
This exhibit does not represent a
0 50 1 400
monumented survey and is intended only t.
I
to depict the attached property description.
1 inch = 200ft
\
071184
JACOBS PROJECT NO.
EAGLE COUNTY AIRPORT
..: CUM` PROJECT NO. PN 080062
TRACT 56
„ REMSION DESCRIPTION
--: DRAWN jak 'DATE 07/1009 I SCALE 1.400' Township 5 South, Range 85 West, 6th P.M.
JACOIESS ME:
SURFACE USE AGREEMENT PARCEL
HAATS Facility, Eagle County, Colorado
707 17th Street, Sub 2300, Denver CO 80202
CIO* 120-3240 fol 1;111) I20-4142
111 WATENAL AM Mr AMMO 811111100 Gin MS MOAK* 1Y MEOW OPOILOSIO 01011 OIL REVISION: DRAWING SHEET
AI* DS RAW 11101110.18f MK 01 1001111031 WNW Mt WIOTM1 COMM Of MUM /9
SurfaceUseParceLdwg EXHIBIT
SWOP M. Mt 111 ArINE1011111C Of lit UM
■
•-■--
■
...
.. 0 C. = ° ' IT
V H
-0.■11G 04-', 1 I I. ! El cr)
.......„,.. .....,,. - rn
8
PV-"04.30 t. C
''''''(/) , a
(1, a. -
"17 P
xi) m m
Co -N
'''mEtml N
g
f....1 to 1?
31 C1 P i '''. ./.. E..
1 s s c'
,o
a.
1"
Qt.
8' 8 0
-•' gi g '.3 "P - .
. ... ,,,,,-, , „-c. o ..r , L,,-• ,,
§
: Pol
m 1
re s : g
0
MI: toi C
cApaksoq ...,_,.(0
= - T ..-.4. o z 0 , 1
0 3 "
co
oN5§2 r e,11. 7..a. 0 : , , = co
r - c t
o .
0
'f,.., • , 06 - , ir 8. m
o .--:
2 ,
"i
(") Ob
o
("3
<...
0.3
v 00'009 3 : :0°gg ' 9:9°° S4 'C'0'09C
CA
0 8
1
q ■•••■ 8
.....
•-... s
1
co
co ,...
o r
ifillb,__ 4)
-0 ca-
I
,
-- i
F
1 //
54(.1 ` 23
,,..
.... - ,
tA .zt,0G.90 14 ..
//
173 ,00 t. J."'
cp 1/ -.
....., o o
t Li
/ /r
'
0 -41
.' 1 CO*3
0 ,... ....
ER ' I - ' 1'
-4 g o cr, g rn co P
_.,
4 4.. M c LI 11t; / 1
cn r..) r...) I 0 „ nn ulkfi 0
b. o
o
. o
- -
M W., e' ' A i Z , - , 4 4 K
z r-.
0 a
I Oa 0 0 1
1 43:3 . ,t . 0) ,
, /,
' 0 ) ' /0 '...' Fri
1
X
CO c- 0 --■ -, / / `x3"
0. 01 t
Z 4, \,,
--I c° rn 4 o /
' _, ,-
=-. 3 ' A..)*/
OO 4), / ti Ad i ; '° CO
0 -a -3
7) ,
t th. 4
co -.
a
M
0 c_r■ -- I
0 04
Of C% / ?
m V) > m o3
m c-) o c> ' /
,-,
V) F / , ol >
--1 __,-- to i
z .7.r 0 ., 0 co - / ,
0 <4 G 4.
0 • 23 S o s o / ,/
C0 0
01 /
'T1 0 M ... Z' 0 /
01 .0 01 ......1 C° . -‘ °)- / 07 / —4 0
co
..--
03 crl co -„....
I4t. 03 a P
ca .3-- :-1. ... - -fp° 'Co" 4-4 • 40 4. . CO
4' /
—
0 at 3:3 .. P) Cr) P /
1 x 0) cr, - :3 n.7 - crt Q r '/
73 ..r. a) cp, /
- z 0 2
:1) . / / 311.83'
N.) 0949"
' F
0 ,c2' 70 ,.,.. c. / s 03'00 14 03 35 ° W
l c 0 co = -- I
' / g8§ 305.83' ,
■J 0
0 CO N) CO Z '921)• g $ C.4 R
- _ 4., -? (-4 izs ,-,. <- %,-. ,, 0 ' - f4%. ',1 g •
/ P g 4 -. (C \ % t e■ Co 0 2 ') g
/ m
/ - b .° S ir g 'M G , Z -R .
8 ‘ GI, t.i 1,:- "r - F.
i g
4 , .....
262.02' * 305.82 m
EXHIBIT
— — —
S 023726" W S 023726" 1
a ztt, 9 9.
° frt -1
1 iff. i
0 0 CD (I) * 2 tv 3, `.'■ ---q,, ---■-- 0
= 3 up 3 c .. 0 ........ u .,
5
— cr
- 0 cb
0 0 (D .,.._ •-■ z , , co
3 : , '-',' 05 <9 8 0 -
v) (-) -1 0 J. f.. 0 -, 1 p 0009 I,
=14 0 CI (6 > -I 0° ct Ul VI col ,, '• 3 .z.i7,05.90 S
CD ,- "'l CD —I
V)
1
1 -.. , ,, - 13 '-3 03 ° rn ' C 0 Z
01
a) -..< 1./ 1 0 - ','-.3 m
X 7.1 o
7 - - -i
a 5 0 cr) co v) Na
> -
r
U) „., 0 0 4-4 • (4) .p. CJ■
CA 0 ) -4 C> .:" CO AO ..-rs ° .---. (/) o 0 a cD
-r, > z9 >
-.I x , 0
"co -‹ - c ID co 0) P g -
N '.. ?J1 2 A 0 1 0
N3 n) - R 4o. tn 01 --4
- - -
rrl 0 CO ...<
0... (A r_ 3 (.0 • v) •-• • m a , • - 0 I 0 • 0 ......1 (.71
CO > 0 NJ CJ1 0 NJ '0, r-
cr)
Ei c =I: 0_ -... ..i.
--- - ..c) • rn m .0 _o
' > 1E • > - n a> r- c) • a> Z ' m
-4 ---4 44 9
> r : ........ w
- 2 a s) + u.) 'If! K + 70 + + j .
rn
o
•-.44 1 rn i -1 i rn I I rn
— --- — 4g I-
-. M M M
4
W W a>
Al)
/ /
