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HomeMy WebLinkAboutC15-199 CPL Partnership First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CPL PARTNERSHIP (AIRPORT FACILITIES LEASE) THIS FIRST AMENDMENT("First Amendment") is effective as of the I 2- day of kai"j , 2015 by and between CPL Partnership, a Colorado partnership (hereinafter "Lessee") and Eagle County, Colorado, a body corporate and politic (hereinafter"Lessor"). RECITALS WHEREAS,Lessor and Lessee entered into an agreement dated the 25th day of September, 1979, in which Lessee leased from Lessor a certain tract of ground within the boundaries of the Eagle County Airport for the purpose of erecting an airplane hangar thereupon(the"Original Agreement" or the "Airport Facilities Lease"); and WHEREAS,the parties desire to amend the Original Agreement to incorporate a more accurate legal description that relates to the exterior perimeter boundaries of the airplane hangar structure now existing on the leased property. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below,the parties agree as follows: 1. Section Three ("Exclusive Hangar Space")of the Original Agreement is amended by adding the legal description marked as Exhibit A-1, attached hereto and incorporated herein by this reference. All references in the Original Agreement to that portion of the Demised Premises described by Exhibit A-1 shall mean and refer to that portion of the Demised Premises on which the hangar is placed, as depicted by Exhibit A-1. 2. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with,modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 4. This First Amendment shall be binding on the parties hereto,their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] �� J ( 'I IN WITNESS WHEREOF,the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMIS:ION ' S IKath andler-Henry, Chair Attest::d if By: t f. tf Teak J. Simonton, Clerk to the Board CON: LTA • AMP C L P• 'TNE' `':IP By: rin' a - • /Z7C Title: ',", t� , 2 Eagle County Amendment Ext Term Final 5/14 it LEGAL DESCRIPTION A parcel of land located in Tract 55. Township ,§ South, Range 85 West of the Sixth Principal Meridian and also within the plat of Eagle County Airport recorded at Reception No. 338682 in the office of the Eagle County, Colorado, Clerk and Recorder being more particularly described as follows: Beginning at a point whence the northeast corner of a parcel as described in Book 181 at Page 39 in the office of the Eagle County. Colorado Clerk and Recorder. a found 1 1/2' aluminum cap stomped LS. #11204 bears N59'05'531W 433.88 feet; also whence corner number 3. Tract 55, a found 3 1/4" aluminum cap stamped LS 013901 on a 2 1/4' aluminum pipe bears 581311'26"W 2024.22 feet; thence 88715'56'£ 106.10 feet; thence S02.44'04"W 92.82 feet; thence N8715'56'W 106.10 feet; thence NO2'44' ,feet to the Point of Beginning, containing 9848.0 square feet. more E#414., *2 r' r. _ f •"1 "K 'mu WO N 8 A g 0' 50' 100' 150' FND. #5 REBAR AND 1 1/2" ME MN E��sssaOswnwll� ALUM. CAP LS. #11204 ro stf• f am# S 8811'26" Vi 2024.22' N P.B 8715'5$` E 106.10' COR. 3, TRACT 55 a 1 FND. 2 1/4' ALUM. PIPE W/ 3 1/4' a Jr ALUM. CAP STAMPED LS. #13901 43) e OUTLINE NORTHSIDE HANGARS o HANGAR 20 PHASE 1A c s ::• :'a5" W O 2015.76' N 87'1556 COR. 3, TRACT 55 W 108. Q RIO. 2.1/4" ALUM. PIPE W/ 3 1/4" ALUM. CAP STAMPED LS. #13901 TRACT 55 T55, R85W, 8TH P.M. TRACT 56 T55, R85W, 6TH P.M. JOB NO. 3151.4 EXHIBIT 41