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HomeMy WebLinkAboutC22-087 State of Colorado_HAATS LeaseForm – Amendment to Improved Real Property Lease i Rev. 1/2019 STATE OF COLORADO DEPARTMENT OF PERSONNEL AND ADMINISTRATION OFFICE OF THE STATE ARCHITECT REAL ESTATE PROGRAMS STANDARD LEASE AMENDMENT [IMPROVED REAL PROPERTY] ________________________________________________________________ LANDLORD County of Eagle TENANT Department of Military and Veterans Affairs/National Guard LOCATION Eagle County Regional Airport, Eagle County, CO DocuSign Envelope ID: C739CFCC-7E8E-4745-8CE9-99A46923B3FBDocuSign Envelope ID: DDC7ED58-40CC-4BB9-A421-7E2E97EAC8D6 Page 1 of 4 SECOND AMENDMENT TO LEASE The printed portions of this form, except bold additions, have been approved by the State of Colorado Attorney General THIS Second AMENDMENT TO LEASE, made and entered into this First day of November, 2021, for the purpose of amending that certain lease dated February 3, 2011, (the "Lease"), by and between County of Eagle acting by and through its Board of County Commisioners , as "County/Lessor", and THE STATE OF COLORADO, acting by and through the DEPARTMENT OF Military and Veterans Affairs, as "Guard/Lessee", relating to the ground lease of parcels of land located at the Eagle County Regional Airport (the “Airport”), County of Eagle, State of Colorado. WHEREAS, Authority to enter into this Lease exists in the Law, and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. WHEREAS, By this Second Amendment to Lease, County wishes to relinquish 3 acres of the Eagle County Regional Airport, County of Eagle, State of Coloado to the Guard/Lessee. WHEREAS, the Lease and the Second Amendment to Lease are hereinafter collectively referred to as the “LEASE”; and NOW, THEREFORE, Landlord and Tenant in consideration of the mutual promises contained herein, hereto agree to amend the Lease as follows: 1. Amend ARTICLE TWO, LEASED PREMISES, 2.2 Additional COARNG Unit Parcel., comprising a total of 4.414 acres, by adding an additional 3 acres of land, as shown herein on “Exhibit A” and more particularly described in “Exhibit B,” added and attached hereto. 2. Order of Precedence. The provisions of the Lease shall govern the relationship of the Lessee and Lessor. In the event of conflicts or inconsistencies between th e Lease and the Second Amendment, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. The provisions of the Second Amendment to Lease ii. The provisions of the First Amendment to Lease, iii. The provisions of the main body of the Lease, Except as modified by the provisions of this Second Amendment to Lease, all other terms and conditions in the Lease are hereby ratified and confirmed and remain in full force and effect. The effective date of this Second Amendment to Lease is November 1, 2021 or the date signed by the State Controller or his designee, whichever is later. In accordance with the requirements of 24- 30-202 (1) C.R.S., as amended, this Second Amendment to Lease shall not be deemed valid until it has been approved by the State Controller, or such assistant as he may designate. DocuSign Envelope ID: C739CFCC-7E8E-4745-8CE9-99A46923B3FBDocuSign Envelope ID: DDC7ED58-40CC-4BB9-A421-7E2E97EAC8D6 Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Lease agreement on the day and year first above written. County/Lessor: County of Eagle acting by and through its Board of County Commisioners By: Authorized Signatory Name (Print) Title (Print) Guard/Lessee: STATE OF COLORADO Jared S. Polis, Governor The Department of Military and Veterans Affairs/National Guard By: Executive Director Date: REAL ESTATE PROGRAMS STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF PERSONNEL & ADMINISTRATION Office of State Architect, For the Executive Director By: Date: OFFICE OF RISK MANAGEMENT STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF PERSONNEL & ADMINISTRATION For the Executive Director By: State Risk Manager Date: 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. STATE OF COLORADO Jared S. Polis, Governor STATE CONTROLLER'S OFFICE State Controller (or authorized Delegate) By: Date: LEGAL REVIEW DEPARTMENT OF LAW Philip J. Weiser, Colorado Attorney General ATTORNEY GENERAL (or authorized Delegate) By: Date: DocuSign Envelope ID: C739CFCC-7E8E-4745-8CE9-99A46923B3FB 2/22/2022 | 15:24:46 PSTCommissioner 2/23/2022 | 07:12:01 MST 2/23/2022 | 07:23:38 MST DocuSign Envelope ID: DDC7ED58-40CC-4BB9-A421-7E2E97EAC8D6 Leila Boulton 2/24/2022 | 09:08:07 MST Page 3 of 4 DocuSign Envelope ID: C739CFCC-7E8E-4745-8CE9-99A46923B3FBDocuSign Envelope ID: DDC7ED58-40CC-4BB9-A421-7E2E97EAC8D6 Page 4 of 4 Exhibit B PROPERTY DESCRIPTION A parcel of land being a portion of Tract 58 and Tract 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 6th Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: Commencing at corner No. 2 of tract 56 of the said Supplemental Plat from whence corner No. 1 of tract 54 bears South 77°18’02” East for a distance of 6731.62 feet for a Basis of Bearing all bearings heron related thereto; thence North 63°33’25” West for a distance of 362.44 feet to a 2 inch aluminum cap (LS 37958) being the Point of Beginning: thence South 6°50’42” East for a distance of 600.00 feet to a steel rod in a monument box; thence South 83°09’18” West a distance of 208.61 feet to a 2 inch aluminum cap (PLS 37904); thence North 7°36’32” West for a distance of 619.21 feet to a 2 inch aluminum cap (PLS 37904); thence North 88°12’14” East for a distance of 217.71 feet to the Point of Beginning. Said parcel contains 2.89 Acres (129638.7 square feet). DocuSign Envelope ID: C739CFCC-7E8E-4745-8CE9-99A46923B3FBDocuSign Envelope ID: DDC7ED58-40CC-4BB9-A421-7E2E97EAC8D6