HomeMy WebLinkAboutC17-386 I/Hay LLCSECOND AMENDMENT TO RANCH SUBLEASE BETWEEN EAGLE COUNTY, COLORADO AND UH HAY, LLC THIS SECOND AMENDMENT ("Second Amendment") is effective as of t/2'7 / -1 , by Zand between Eagle County, Colorado, a body corporate and politic, hereinafter "County" or "Landlord") and I/H Hay, LLC, a Colorado limited liability company, hereinafter "Tenant" or "Manager". County and Tenant shall together be referred to as the "Parties". RECITALS WHEREAS, Landlord and Tenant entered into a Ranch Sublease dated July 31, 2017 (hereinafter "Original Agreement"); and WHEREAS, Landlord and Tenant entered into a First Amendment to the Original Agreement dated September 26, 2017 ("First Amendment"); and WHEREAS, the Parties have identified a revision to be incorporated into the Original Agreement; and WHEREAS, Landlord and Tenant desire by this Second Amendment to set forth revisions to the Original Agreement. SECOND AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the Parties agree as follows: 1. Paragraph 3 of the Original Agreement is hereby deleted and replaced with the following: "Rent. The rent ("Rent") for the Term hereof is Thirty -Six Thousand Two Hundred -Fifty Dollars ($36,250). The Rent is payable in equal monthly installments of One Thousand Two Hundred Fifty Dollars ($1,250). The first payment shall be due on or before August 15, 2017 and the other monthly payments shall be due on or before the first day of each month. Rent shall be made payable to Eagle County and shall be delivered in person to the Eagle County Open Space Manager's Office located at 500 Broadway, Eagle, CO. 81631 or mailed via United States Postal Service to Eagle County Open Space Program, P.O. Box 179, Eagle, CO. 81631. Tenant shall not be entitled to withhold or offset the amount of Rent due hereunder, except as expressly set forth in this Agreement. In addition to Rent, which is payable as set forth above, Tenant shall be responsible for operating and managing the Property as set forth herein." C17-386 2. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent the terms and provisions of this Second Amendment conflict with, modify or supplement portions of the Original Agreement or First Amendment, the terms and provisions of this Second Amendment shall govern and control the rights and obligations of the Parties. 3. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement and First Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 4. This Second Amendment shall be binding on the Parties hereto, their heirs, executors, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. LANDLORD: EAGLE COUNTY, COLORADO By and through its Interim County Manager IM Bryan Treu, Interim County Manager TENANT: UH HAY, LLC By: Bowdrie aurello, as Managing Member of UH Hay, LLC