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Home My WebLink AboutC18-114 Town of EagleFIRST AMENDMENT TO THE AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE TOWN OF EAGLE FOR CONSTRUCTION OF THE WHITEWATER PARK AT THE EAGLE COUNTY FAIRGROUNDS PROPERTY THIS FIRST AMENDMENT between Eagle County, Colorado and the Town of Eagle for Construction of a Whitewater Park at the Eagle County Fairgrounds Property (the "Agreement") is made this 27 day of March, 2018, between Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County") and the Town of Eagle, by and through its Board of Trustees ("Town"). Together, the Town and the County are referred to herein as the "Parties." WHEREAS, the Parties entered into an Agreement dated December 6, 2017 for the Town's Use of Premises at the Eagle County Fairgrounds Property which includes construction of instream river features and associated improvements (the "Whitewater Park") and an associated recreation area (the "Upland Park") to create the Eagle River Park (the "Use Agreement"); and WHEREAS, the Use Agreement authorized the Town to construct the Whitewater Park improvements at the Premises; and WHEREAS, the Parties desire to extend the timeframe in which the Town may continue construction of the Whitewater Park improvements; and WHEREAS, the Town of Eagle has completed the design of the Upland Park, and is ready to incorporate the Upland Park construction activities with the on-going Whitewater Park construction activities. WHEREAS, the County desires by this First Amendment to authorize the Town to use the Premises for construction of the Upland Park and associated improvements, and to set forth the terms and conditions therefor; WHEREAS, the Town acknowledges and recognizes that its construction activities at the Premises directly impact the County's use of the Premises for the Eagle County Fair and Rodeo and other events at the premises and on that basis, the Parties desire to memorialize expectations and requirements to ensure the Premises remains available and suitable for the County's use. 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 1.2 of the Use Agreement shall be deleted in its entirety and replaced as follows: Use of the Premises shall be limited during the term of this Agreement to construction of the Whitewater Park as depicted in Eagle River Park construction plan dated September, 2017, C18-114 designed by S20 Design and Engineering, and the Upland Park as depicted in the Eagle River Park construction plan dated March 6, 2018, designed by Alpine Engineering, Inc., and Zehren and Associates, Inc. (collectively, the Whitewater Park Plans and the Upland Park Plans will be referred to as the "Plans"), complete copies of which is to be maintained in the office of the Eagle County Public Works Department, available for review upon request, and hereby incorporated by this reference. Construction activity, including staging and storage, shall be limited to the areas shown in Exhibit A. Furthermore, all construction activity in the Exhibit Hall Area must be coordinated with the County, and must not interfere with the operation and public use of the Exhibit Hall Facilities. There shall be no storage of materials in the Exhibit Hall Area. The Exhibit Hall Area is shown in Exhibit C. 2. Section 1.3 shall be deleted in its entirety as no longer applicable. Section 1.4 of the Use Agreement shall be deleted in its entirety and replaced as follows: Unless otherwise authorized in writing by the Eagle County Facilities Director, permitted days and hours of construction within the Contractor's Construction Area are 7:00 a.m. through 7:00 p.m. Monday through Friday. Whitewater Park construction activities after April 30, 2019, require an amendment to this Use Agreement in accordance with Section 3.1 of the Agreement. Upland Park construction activities may proceed through September 30, 2019. Upland Park construction activities after September 2019 require an amendment to this Use Agreement in accordance with Section 3.1 hereof. 4. Article I of the Use Agreement shall be amended by the addition of the following: 1.5 The Parking Lot must be made available to the County for parking during the 2018 Rodeo beginning at 7:00 am on Monday, July 166 through Wednesday, August 1", which means the entire Parking Lot area as shown on the Upland Park Plans is clear, clean, safe and usable for passenger cars and trucks with horse trailers. These areas are shown generally in Exhibit B, and more specifically as Parking Lot, Flex Space and Entry/Exit on L2.01 and L3.01 on the Plans. 1.6 The Riverside Path and Fence in the Upland Park Plan must be complete and ready for use by July 1, 2018, prior to the 2018 Eagle County Fair and Rodeo. The Town will be responsible for maintenance of the path and safety rails. The County will be responsible for maintenance of the 6' tall metal Fairgrounds perimeter fence. The County will close the path during the Fair and Rodeo for Rodeo operations. 1.7 All Improvements at the Exhibit Hall Area in the Upland Park Plan area must be complete and ready for use by July 1, 2018, prior to the 2018 Eagle County Fair and Rodeo. This includes gas, electric utilities, removal pf propane tank, removal of trees, removal of concrete trash pad, installation of new concrete trash pad, and all other construction items in the Plans. 2 1.8 If the improvements are not progressing in a timely manner that will allow for completion prior to the 2018 Eagle County Fair and Rodeo, the County may complete the work on its own or otherwise have the work completed at the Town's cost. Article II of this Use Agreement shall be amended by the addition of the following: 2.7 The Town recognizes the importance of the parking lot at the Eagle River Park for parking during the Eagle County Fair and Rodeo, and agrees to cooperate in closing the parking lot at the Eagle River Park for the exclusive use of the County for the Fair and Rodeo. 6. Article III of this Use Agreement shall be amended to extend the term to the Wh day of September, 2019. 7. 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 Ns First Amendment shall govern and control the rights and obligations of the parties. 8. 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. 9. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. ATTEST: •�� 4 `O)t � :eta SEAL : By: a Jenny Rakow;, �ORAfl�■ M Regina O'Brien Clerk to the Board of TOWN OF EAGLE al� Anne McKibbin, Mayor COUNTY OF EAGLE, STATE OF COLORADO, by and through its Board of County Commissioners Un Kathy Chandler -Henry, Chair 3 County Commissioners 7fk dIL, Cr rMIL tv A, - SIP% 14 A T j -- i-N, dIL, 0 TS Am 0 TS All !7t Jkl. A IW 6k 0 A,- 4 46 4� 41