HomeMy WebLinkAbout980864.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR CONSTRUCTION, OPERATIONS, AND
MAINTENANCE OF TRAIL ACROSS KODAK PROPERTY AND AUTHORIZE CHAIR
TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Lease Agreement for Construction,
Operations, and Maintenance of Trail Across Kodak Property between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Eastman Kodak Company, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Lease Agreement for Construction, Operations, and
Maintenance of Trail Across Kodak Property between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and Eastman Kodak
Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of May, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
ATTEST:
Constance L. Harbert, Chair
Weld County k .rd -'
Ica a�O
W. H. bster, ro-Tem
w 5+v-ff"
BY:
Deputy Clerk 'fi
eorge l Baxter
RO D AS FORM:
Dale all /) /
ounty Att ney tee
arbara J. Kirkmeyer
�j 980864
CC C Aj /�/• " �I�� PR0015
LEASE AGREEMENT
FOR CONSTRUCTION. OPERATIONS. AND MAINTENANCE OF TRAIL
ACROSS KODAK PROPERTY
THIS LEASE AGREEMENT is made and entered into as of this 131b day of
May, 1998, by and between EASTMAN KODAK COMPANY, a New Jersey corporation,
whose mailing address is Eastman Kodak Company, Central Engineering, Land
Management, Bldg. C-29, Windsor, Colorado, 80551-1574, hereinafter referred to as
the "lessor," and the COUNTY OF WELD, a Political Subdivision of the State of
Colorado, whose mailing address is PO Box 758, 915 10th Street, Greeley, Colorado,
80632, hereinafter referred to as "Lessee."
WrrNESSETa:
WHEREAS, Lessor owns property located in Sections 33 and 34, Township 6
North, Range 67 West of the 6th P.M., Weld County, Colorado, on which property
sits Lessor's manufacturing plant as more particularly described or shown on Exmerr
"A" attached hereto, and
WHEREAS, Lessee is cooperating with the City of Greeley, the City of
Windsor, and the Poudre River Trail Corridor Board, Inc., for the construction of a
trail for use by pedestrians, mounted police, and non-motorized vehicles along the
Poudre River as it runs through Weld County, hereinafter referred to as the "Trail,"
and
WHEREAS, the parties have identified a strip of land across Lessor's property
which is ideally suited for construction for the Trail so as to traverse Lessor's
property, and
WHEREAS, the parties desire to enter into this Lease Agreement for the
purpose of fully defining their respective duties and responsibilities regarding the
construction and maintenance of the Trail across Lessor's property.
Now, THEREFORE, in consideration of the mutual promises and covenants set
forth herein, the parties agree as follows:
1. The Lessor does hereby grant and demise a lease unto the Lessee with
the right of use by the Lessee and public over, upon, and across the
property owned and controlled by the Lessor, which property is
described and illustrated in Exhibit "A," which is attached hereto and
incorporated herein by this reference and hereinafter referred to as the
"leased premises." Such right of use shall include the construction and
maintenance of "the Poudre River Trail" on the leased premises, but
such use shall be limited as follows:
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a. Pedestrian, mounted police, and non-motorized vehicle use
under regulations which may be determined and established by
the Lessee as being reasonably necessary, shall be permitted on
the leased premises;
b. No uses other than by pedestrians, mounted police, and non-
motorized vehicles shall be permitted on the leased premises or
the premises adjacent thereto, with the exception of police,
emergency, and maintenance motorized vehicles;
c. No commercial use of the leased premises shall be allowed;
d. Pedestrians, mounted police, and non-motorized vehicles must
remain on the leased premises at all times;
e. No facilities other than the Trail itself and the signage referred
to in this Lease Agreement may be installed by Lessee on the
leased premises without the prior written consent of Lessor.
2. For and in consideration of the mutual promises and covenants
contained herein, including, without limitation, those set forth in
Paragraph 3, the Lessor hereby grants the use of the leased premises to
the Lessee and the public for pedestrians, mounted police, and non-
motorized vehicles, for a term of thirty (30) years to commence as of
January 1, 1998, and to terminate on December 31, 2027.
3. During the term of this Lease Agreement, the Lessee agrees to:
a. Construct or cause to be constructed the Trail and related
facilities approved by the Lessor upon the leased premises, in
accordance with all applicable laws and regulations; to promptly
repair and reclaim any damage to Lessor's adjoining property
caused by such construction, to as near as possible the condition
which existed prior to construction; and to indemnify and hold
Lessor and leased premises harmless against all liens, claims, or
encumbrances arising from such construction.
b. Supply, install, and maintain all regulatory, directional, and
informational signs required by applicable regulations or
determined by the Lessee to be reasonably necessary for the
uses allowed on the leased premises, including signs identifying
the uses permitted by this Lease Agreement and the rules for
public use of the Trail, and prohibiting any use of the Trail
other than those permitted uses; and enforce any violation of the
restrictions on use set forth herein.
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c. Cause an "as-built" survey to be created reflecting the actual
location of the Trail, furnish a copy of such survey to Lessor,
and record a copy of such survey in the records of the Weld
County Clerk and Recorder.
d. Manage and maintain the leased premises and all approved
facilities constructed thereon in good order and repair; provide
for trash removal, property maintenance, and weed control.
e. Comply with all laws, rules, and regulations relating to the
operation of use of the leased premises on and all approved
facilities constructed thereon.
f. Not sublet any part of the leased premises or assign the lease or
any portion thereof, or otherwise transfer any of the benefits
conveyed hereunder, without the prior written consent of the
Lessor, which consent may be withheld or conditioned by
Lessor in its sole discretion.
g. Any contractor or subcontractor providing construction,
maintenance or any other services of any kind on the leased
premises for the benefit of or at the direction of Lessee shall
maintain throughout the period of such contractor's or
subcontractor's activity on the leased premises all statutory
workers' compensation insurance, commercial general liability
insurance with minimum single limits of coverage of
$1,000,000, and comprehensive automobile liability insurance
with respect to any and all owned, hired or non-owned vehicles
to be used by such contractor or subcontractor on or while
conducting any activity at the premises with a limit of liability
of not less than $1,000,000 combined single limit for bodily
injury and property damage. Lessor shall be named as an
additional insured on all such policies, where applicable.
4. This Lease Agreement is made without any warranty whatsoever by
Lessor, express or implied, as to the tide to or condition of the leased
premises, and Lessee accepts the leased premises in their "as-is"
condition, subject to all matters of record or apparent.
5. The Lessor reserves the right to enter onto and over the leased
premises for all purposes which are not inconsistent with Lessee's full
enjoyment of the rights hereby granted including without limitation for
the purpose of access to and from other properties owned by the Lessor
or for the purpose of inspecting the leased premises for compliance
with the provisions of this Lease Agreement. Such entry may be made
with motorized vehicles. Nothing herein shall be construed to grant an
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easement for access across other property of Lessor in order for
individuals to gain access to the Trail, and Lessee shall post signs
notifying the public that private property is being crossed and to stay on
the Trail.
6. This Lease Agreement shall be given a reasonable construction so that
the intention of the parties to confer usable right of public enjoyment
on the Lessee is carried out.
7. All provisions of this Lease Agreement, including the benefits and
burdens, run with the land and are binding upon and inure to the
assigns, successors, tenants, and legal representatives of the parties
hereto.
8. In the event of default by either party under the terms of this I Par
Agreement, notice of such default shall be given in writing by the non-
defaulting party to the defaulting party. If such default is not cured
within ninety (90) days of written notice of default or the party in
default has not begun curing the default within said period, and
continued to pursue curative action with due diligence, the Lease
Agreement may be terminated by the non-defaulting party by giving
written notice of termination, given in the manner provided in
Paragraph 13, effective thirty (30) days from the date of mailing of
termination.
9. In the event that any part of this Lease agreement shall be declared
invalid or unconstitutional for any reason, such declaration shall not
affect the other provisions of this Lease Agreement to the extent that
the Lease Agreement remains capable of execution.
10. If the leased premises shall be taken by right of eminent domain, in
whole or in part, for public purposes other than those stated herein,
then this Lease Agreement, at the option of either the Lessor or Lessee,
shall forthwith cease and terminate; and in such event the entire
damages which may be awarded for such taking shall belong to Lessor,
and Lessee shall not assert the existence of this Lease Agreement as a
factor diminishing the value of the leased premises.
11. In the event the leased premises are rendered untenantable or unfit for
the Lessee's purposes by fire or other casualty, this Lease Agreement
shall immediately terminate. In the event the leased premises are
damaged by fire or other casualty so that there is material destruction
of such premises or such damage as to render the leased premises
partially untenantable or partially unfit for the Lessee's purposes, either
party may, within thirty (30) days of such occurrence, terminate this
Lease Agreement by giving written notice to the other party. Such
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termination shall be effective not less than fifteen (15) days from the
date of mailing of notice. Upon such termination, Lessee shall
promptly, at its sole cost and expense, restore the leased premises to its
condition prior to the construction of the Trail or to such other
condition as Lessor may accept in its reasonable discretion, such that
the former Trail is rendered unusable for its intended purpose and that
leased premises is left in a safe and secure condition.
12. The parties acknowledge that the Lessor enjoys significant limitation on
its potential liability which may arise from the use of its property by
members of the public, pursuant to the provisions of Article 41 of Title
33, Colorado Revised Statutes, as may be amended.
By granting this Lease Agreement, Lessor shall have no obligation to
repair, clear, or otherwise maintain the area within the leased premises.
Lessor has no obligation to insure or indemnify Lessee for any injury,
claim, or damage to any person or property, whether alleged to have
occurred while using the leased premises for the identified purposes or
otherwise and due to the condition of the Trail or otherwise, unless
such injury, claim, or damage occurred because of a dangerous
condition created by the actions of Lessor, Lessor's employees or
invitees.
Notwithstanding any other provision of this Lease Agreement to the
contrary, no term or condition of this Lease Agreement shall be
construed or interpreted as a waiver, either expressed or implied, of
any of the immunities, rights, benefits, or protection provided to the
Lessee under the Colorado Governmental Immunity Act, C.R.S., 24-
10-101, et seq. as amended, or as may be amended (including, without
limitation, any amendments to such statute or under any similar statute
which is subsequently enacted). The parties hereto understand and
agree that liability for claims for injuries to persons or property arising
out of the negligence of the County of Weld, its officials and
employees, is controlled and limited by the provisions of C.R.S., 24-
10-101, et seq. as amended or as may be amended. Any provision of
this Lease Agreement, whether or not incorporated herein by reference,
shall be controlled, limited, and otherwise modified so as to limit any
liability of the Lessee to the above cited statutes.
In accordance with the provisions of C.R.S., 33-41-103(2)(e), as may
be amended, the Lessor acknowledges that it has been advised of its
right to bargain for indemnification from liability for injury resulting
from use of the leased premises by all persons or guests of persons on
the leased premises for pedestrian, mounted police, and non-motorized
vehicle use, at the invitation or consent of the Lessee, and all persons
present on the leased premises at the invitation or consent of the Lessor
980864
or Lessee for business or other purposes relating to or arising from the
use of the land by pedestrians, mounted police, or non-motorized
vehicles. No such indemnification agreement has been entered into by
the parties hereto.
To the extent authorized by law, Lessee shall indemnify, defend and
hold Lessor harmless from and against any and all costs, expenses,
liabilities and damages of any kind (including reasonable attorneys'
fees) resulting from bodily injury, personal injury and property damage
of any kind to Lessor or any other party:
a. arising from the alleged negligent acts or omissions of the
Lessee and its public employees, which occurred or are alleged
to have occurred during the performance of their duties and
within the scope of their employment while performing the
duties or exercising the rights of the Lessor pursuant to.the
terms of this Lease Agreement; or
b. arising from the alleged negligent acts or omissions of, or
injuries or damages to volunteers working or doing anything
else, whether or not authorized by the Lessee, on or around the
lease premises at the direction of or on behalf of or for the
benefit of the Lessee.
The limits of such indemnification, defense and hold harmless shall be
those set forth in the Lessee's liability insurance policies and shall
include, without limitation, the limits benefitting Lessee under the
Colorado Governmental Immunity Act.
In order to effectuate such indemnification, defense and hold harmless,
Lessor shall be added as an additional named insured on any policy of
liability insurance carried by the Lessee and insuring against any such
claims or losses. All premiums, retentions, deductibles or other
expenses which are called for under Lessee's insurance and self-
insurance arrangements shall be paid in a timely manner by Lessee.
Lessee shall, within one (1) month after execution of this Lease
Agreement, and on or before January 1 of each subsequent year
thereafter, furnish certificates of insurance to Lessor as verification of
the acquisition and maintenance of such insurance. Lessor shall receive
thirty (30) days written notice prior to any cancellation or material
amendment or modification of such insurance.
13. All notices required or provided for in this IPace Agreement shall be
mailed to the other party at its official address, United States mail,
postage prepaid, certified, return receipt requested. For the purpose of
this Lease Agreement, the official addresses of the parties shall be:
980864
County of Weld
915 Tenth Street
PO Box 758
Greeley, Colorado 80632
Eastman Kodak Company
Central Engineering, Land Management
Building C-29
Windsor, Colorado 80551-1574
with a copy to:
Eastman Kodak Company
343 State Street
Rochester, New York 14650-1265
Attention: Lease Management Office
Either party may change its official address by giving notice of such
change to the other party as provided for above. Except as may
otherwise be provided herein, all notices shall be effective upon receipt.
14. Lessor and Lessee agree that this Lease Agreement is intended to be for
the benefit of the parties hereto only.
15. This Lease Agreement constitutes the entire understanding of the parties
and there are not other provisions other than set forth above, and any
changes in this JeAce Agreement shall be made in writing and signed
by both parties before the same shall be effective.
16. In the event that Lessor requires for use in its business all or a portion
of the land leased to the Lessee hereunder, Lessor shall notify Lessee
of this requirement and, provided that Lessor shall relocate the portion
of Lessee's Trail to a suitable alternative location across other property
of Lessor to substitute for the portion of the leased premises which is
so required by Lessor, Lessor shall have the right, at Lessor's sole cost
to proceed within sixty (60) days after delivery of such notice to
Lessee, to relocate the improvements on the leased premises and
reclaim possession and occupancy of the portion of the leased premises
required. Upon completion of such relocation of the Trail, the parties
shall reflect such change in an amendment to this Lease Agreement.
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IN WITNESS WHEREOF, the parties hereto have signed this Jrace Agreement
as of the day and year first written above.
LESSOR:
EASTMAN KODAK COMPANY
•
•
BY:
NAME:9Wt,.J , 2ouRrVD
TITLE:•)ig arvie Raft ESTATE
LESSEE:
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF _
COLORADO i
ATTEST:
By: .T .7r. lei
DEPUTY CLE CONSTANCE L. HARBERT, CHAIRMAN
(05/18/98)
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ExHmrr A
Description or Map of Trail
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LEGAL DESCRIPTION
Approximate centerline of the Poudre Trail having no particular width, located in Sections Thirty-four
(34), Thirty-five(35) and Thirty-six (36), Township Six North(T.6N.),Range Sixty-seven West(R.67W.),
of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado, and being more particular
described as follows:
Commencing at the East Quarter Corner of Section Thirty-five and considering the East line of the
Southeast Quarter of the Northeast Quarter to bear North 00°32'54"East with all other bearings contained
herein relative thereto:
THENCE South 39°29'44"East a distance of 608.18 feet to the Point of Beginning;
THENCE South 53°19'29" West a distance of 46.20 feet;
THENCE South 64°23'06" West a distance of 120.84 feet;
THENCE South 74°47'23"West a distance of 45.92 feet;
THENCE South 86°15'03" West a distance of 45.47 feet;
THENCE North 82°20'03" West a distance of 47.22 feet:
THENCE North 64°13'16" West a distance of 45.81 feet;
THENCE North 58°33'37" West a distance of 59.11 feet;.
THENCE North 68°51'49"West a distance of 70.51 feet;
THENCE North 46°26'22" West a distance of 41.49 feet;
THENCE North 34°54'48" West a distance of 110.72 feet;
THENCE North 37°31'29" West a distance of 88.54 feet;
THENCE North 45°21'15" West a distance of 141.57 feet;
THENCE North 50°39'29" West a distance of 46.07 feet;
THENCE North 58°58'36" West a distance of 48.97 feet;
THENCE North 64°06'04" West a distance of 46.08 feet;
THENCE North 67°19'22" West a distance of 141.71 feet;
THENCE North 75°32'39" West a distance of 37.12 feet;
THENCE South 89°37'49" West a distance of 40.51 feet;
THENCE South 77°35'45" West a distance of 40.67 feet;
THENCE South 66°42'09" West a distance of 113.05 feet a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the Southeast a distance of 118.59 feet,whose
Radius is 203.88 feet, whose Delta is 33°19'39"and whose Long Chord bears South 50°02'20" West a
distance of 116.93 feet to a Point of Tangency(PT);
THENCE South 33°22'30" West a distance of 71.79 feet to a PC;
THENCE along the arc of curve which is concave to the Southwest a distance of 42.24 feet, whose Radius
133.00 feet, whose Delta is 18°11'47"and whose Long Chord bears South 24°16'37" West a distance of
42.06 feet to a PT;
THENCE South 15°10'43" West a distance of 86.51 feet;
THENCE South 17°23'33" West a distance of 78.67 feet;
THENCE South 24°02'51" West a distance of 29.55 feet;
THENCE South 26°44'54" West a distance of 251.87 feet to a PC;
THENCE along the arc of curve which is concave to the Northwest a distance of 54.65 feet, whose Radius
is 100.00 feet,whose Delta is 31°18'49" and whose Long Chord bears South 42°24'19" West a distance of
53.98 feet to a PC;
THENCE South 58°03'43" West a distance of 38.07 feet;
THENCE South 48°54'25" West a distance of 23.87 feet;
THENCE South 39°45'07" West a distance of 30.17 feet;
THENCE South 54°33'24" West a distance of 49.12 feet;
EXHIBIT "A"
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2
•
THENCE North 88°39'50" West a distance of 46.03 feet;
THENCE North 69°21'50" West a distance of 145.68 feet;
THENCE North 87°43'02" West a distance of 214.57 feet;
THENCE North 85°52'04" West a distance of 51.91 feet;
THENCE North 82°35'54" West a distance of 47.93 feet;
THENCE North 79°34'49" West a distance of 192.81 feet;
THENCE North 77°10'54" West a distance of 352.81 feet;
THENCE North 72°59'23" West a distance of 54.09 feet to a PC;
THENCE along the arc of curve which is concave to the Northeast a distance of 96.02 feet, whose Radius
is 120.00 feet, whose Delta is 45°50'47" and whose Long Chord bears North 50°04'00" West a distance of
93.48 feet to a PT;
THENCE North 27°08'37" West a distance of 98.77 feet;
THENCE North 29°50'20" West a distance of 60.94 feet;
THENCE North 32°07'12" West a distance of 127.53 feet to a PC;
THENCE along the arc of curve which is concave to the Southwest a distance of 167.90 feet,whose
Radius is 395.00 feet, whose Delta is 24°21'14"and whose Long Chord bears North 44°17'49" West a
distance of 166.64 feet to a PT;
THENCE North 56°28'26"West a distance of 29.32 feet to a PC;
THENCE along the arc of curve which is concave to the Northeast a distance of 128.48 feet, whose Radius
is 330.00 feet, whose Delta is 22°18'23" and whose Long Chord bears North 45°19'15" West a distance of
127.67 feet to a PT;
THENCE North 34°10'03" West a distance of 88.18 feet;
THENCE North 31°34'06" West a distance of 215.48 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 12.86 feet,whose
Radius is 312.00 feet, whose Delta is 2°21'42" and whose Long Chord bears North 32°44'57" West a
distance of 12.86 feet to a PT;
THENCE North 33°55'48" West a distance of 81.13 feet;
THENCE North 27°08'14" West a distance of 84.02 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 32.58 feet,whose
Radius is 353.00 feet, whose Delta is 5°17'15"and whose Long Chord bears North 29°46'52" West a
distance of 32.56 feet to a PT;
THENCE North 32°25'29" West a distance of 139.21 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 18.47 feet,whose
Radius is 91.00 feet, whose Delta is 11°37'54"and whose.Long Chord bears North 38°14'26" West a
distance of 18.44 feet to a PT;
THENCE North 44°03'23' West a distance of 34.57 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 56.22 feet, whose Radius
is 69.00 feet, whose Delta is 46°41'06"and whose Long Chord bears North 20°42'51" West a distance of
54.68 feet to a PT;
THENCE North 02°37'42" East a distance of 72.73 feet;
THENCE North 00°52'52" West a distance of 113.48 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 34.05 feet,
whose Radius is 22.00 feet, whose Delta is 88°41'14"and whose Long Chord bears North 45°13'29"West
a distance of 30.75 feet to a PT;
THENCE North 89°34'06" West a distance of 28.68 feet;
THENCE South 87°39'50" West a distance of 85.30 feet;
THENCE North 89°36'41" West a distance of 141.03 feet;
THENCE South 78°06'34" West a distance of 13.13 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 22.93 feet,whose Radius
is 31.00 feet, whose Delta is 42°22'19" and whose Long Chord bears North 80°42'16" West a distance of
22.41 feet to a PT;
THENCE North 59°3I'07" West a distance of 12.66 feet to a PC;
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THENCE along the arc of a curve which is concave to the Southwest a distance of 13.96 feet,whose
Radius is 60.00 feet, whose Delta is 13°19'34" and whose Long Chord bears North 66°10'54" West a
distance of 13.92 feet to a PT;
THENCE North 72°50'41" West a distance of 45.61 feet to a PC;
THENCE along the arc of curve which is concave to the Northeast a distance of 37.29 feet, whose Radius
is 301.00 feet, whose Delta is 7°05'55" and whose Long Chord bears North 69°17'43" West a distance of
37.27 feet to a PT;
THENCE North 65°44'46" West a distance of 31.15 feet to a PC;
THENCE along the arc of curve which is concave to the Southwest a distance of 155.52 feet, whose
Radius is 361.00 feet, whose Delta is 24°41'01"and whose Long Chord bears North 78°05'16" West a
distance of 154.32 feet to a PT;
THENCE South 89°34'14" West a distance of 39.86 feet;
THENCE South 87°05'06" West a distance of 48.90 feet;
THENCE South 85°47'13" West a distance of 28.56 feet;
THENCE North 89°03'57" West a distance of 33.98 feet to a PC;
THENCE along the arc of curve which is concave to the Southeast a distance of 20.59 feet, whose Radius
is 20.00 feet, whose Delta is 58°58'49" and whose Long Chord bears South 61°26'38" West a distance of
19.69 feet to a PT;
THENCE South 31°57'14" West a distance of 17.10 feet;
THENCE South 26°58'14" West a distance of 12.21 feet to a PC;
THENCE along the arc of a curve which is concave to the Northwest a distance of 50.50 feet, whose
Radius is 182.00 feet, whose Delta is 15°53'54" and whose Long Chord bears South 34°55'10" West a
distance of 50.34 feet to a PT;
THENCE South 42°52'07" West a distance of 27.41 feet to a PC;
THENCE along the arc of curve which is concave to the Northwest a distance of 47.16 feet, whose Radius
is 116.00 feet, whose Delta is 23°17'37"and whose Long Chord bears South 54°30'56" West a distance of
46.84 feet to a PT;
THENCE South 66°09'45" West a distance of 14.97 feet;
THENCE South 56°02'12" West a distance of 18.71 feet;
THENCE South 37°19'35" West a distance of 18.45 feet;
THENCE South 29°23'41" West a distance of 20.51 feet;
THENCE South 40°46'43" West a distance of 35.70 feet;
THENCE South 52°26'19" West a distance of 32.03 feet;
THENCE South 54°09'18" West a distance of 64.27 feet to a PC;
THENCE along the arc of curve which is concave to the Southeast a distance of 167.40 feet, whose Radius
is 463.00 feet,whose Delta is 20°42'54" and whose Long Chord bears South 43°47'50" West a distance of
166.49 feet to a PT;
THENCE South 33°26'23" West a distance of 43.68 feet;
THENCE South 28°32'32" West a distance of 53.71 feet to a PC;
THENCE along the arc of a curve which is concave to the Southeast a distance of 87.41 feet, whose Radius
is 158.00 feet, whose Delta is 31°41'56" and whose Long Chord bears South 12°41'33" West a distance of
86.30 feet to a PT;
THENCE South 03°09'25' East a distance of 69.38 feet to a PC;
THENCE along the arc of curve which is concave to the Northwest a distance of 21.64 feet, whose Radius
is 41,00 feet, whose Delta is 30°14'09"and whose Long Chord bears South 11°57'39" West a distance of
21.39 feet to a PT;
THENCE South 27°04'44" West a distance of 21.75 feet;
THENCE South 23°59'14" West a distance of 18.38 feet;
THENCE South 09°37'21" West a distance of 21.48 feet;
THENCE South 05°06'59" West a distance of 17.56 feet;
THENCE South 01°03'05" West a distance of 14.10 feet;
THENCE South 06°24'42" East a distance of 28.48 feet;
THENCE South 11°10'03" East a distance of 90.33 feet;
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THENCE along the arc of a curve which is concave to the Southwest a distance of 79.68 feet, whose
Radius is 75.00 feet, whose Delta is 60°52'05" and whose Long Chord bears South 41°36'06" East a
distance of 75.98 feet to a PT;
THENCE South 72°02'08" East a distance of 40.08 feet to a PC;
THENCE along the arc of curve which is concave to the Northeast a distance of 134.83 feet, whose Radius
is 225.00 feet, whose Delta is 34°19'59" and whose Long Chord bears South 54°52'08" East a distance of
132,82 feet to a PT;
THENCE South 37°42'09" East a distance of 50.62 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 44.07 feet, whose Radius
is 75.00 feet, whose Delta is 33°39'56" and whose Long Chord bears South 20°52'11" East a distance of
43.44 feet to a PT;
THENCE South 04°02'13" East a distance of 29.89 feet;
THENCE South 06°09'30" West a distance of 42.08 feet;
THENCE South 14°25'54" West a distance of 33.17 feet;
THENCE South 32°10'43" West a distance of 48.75 feet;
THENCE South 30°53'30" West a distance of 42.89 feet;
THENCE South 16°31'49" West a distance of 33.47 feet;
THENCE South 14°05'54" West a distance of 39.75 feet;
THENCE South 28°44'43" West a distance of 24.33 feet;
THENCE South 38°29'13" West a distance of 32.37 feet to a PC;
THENCE along the arc of curve which is concave to the Southeast a distance of 30.85 feet, whose Radius
is 85.00 feet,whose Delta is 20°47'51"and whose Long Chord bears South 28°05'17" West a distance of
30.68 feet to a PT;
THENCE South 17°41'21" West a distance of 46,79 feet;
THENCE South 22°20'26" West a distance of 84.82 feet;
THENCE South 18°46'08" West a distance of 53,17 feet;
THENCE South 19°27'43" West a distance of 46.10 feet;
THENCE South 23°24'53" West a distance of 25.50 feet to a PC;
THENCE along the arc of a curve which is concave to the Northwest a distance of 211.48 feet, whose
Radius is 405.00 feet, whose Delta is 29°55'08" and whose Long Chord bears South 38°22'26" West a
distance of 209.09 feet to a PT;
THENCE South 53°20'00" West a distance of 108.77.feet;
THENCE South 62°42'57" West a distance of 49.80 feet;
THENCE South 74°47'32" West a distance of 45.32 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 105.88 feet, whose
Radius is 80.00 feet, whose Delta is 75°49'51" and whose Long Chord bears North 67°17'33" West a
distance of 98.32 feet to a PT;
THENCE North 29°22'38" West a distance of 180.31 feet;
THENCE North 32°32'30" West a distance of 62.48 feet to a PC
THENCE along the arc of a curve which is concave to the Southwest a distance of 62.07 feet, whose
Radius is 70.00 feet, whose Delta is 50°48'08"and whose Long Chord bears North 57°56'34" West a
distance of 60.05 feet to a PT;
THENCE North 83°20'38" West a distance of 77.55 feet;
THENCE North 83°05'04" West a distance of 103.05 feet;
THENCE North 87°40'27"West a distance of 103.00 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 50.60 feet, whose
Radius is 163,00 feet, whose Delta is 17°47'10" and whose Long Chord bears North 78°46'52" West a
distance of 50.40 feet to a PT;
THENCE North 69°53'17" West a distance of 16.03 feet to a PC;
THENCE along the arc of a curve which is concave the.Southeast a distance of 38.36 feet, whose Radius
is 34.00 feet,whose Delta is 64°38'43"and whose Long Chord bears South 77°47'21" West a distance of
36.36 feet to a PT;
THENCE South 45°28`00" West a distance of 68.77 feet;
THENCE South 64°44'59" West a distance of 21.53 feet;
980864
5
THENCE South 78°22'39" West a distance of 27.74 feet;
THENCE South 83°38'15" West a distance of 149.34 feet;
THENCE South 86°49'25" West a distance of 94.96 feet to a PC;
THENCE along the arc of curve which is concave to the Northeast a distance of 98.97 feet,whose Radius
is 277.00 feet,whose Delta is 20°28'20"and whose Long Chord bears North 82°56'25" West a distance of
98.45 feet to a PT;
THENCE North 72°42'15" West a distance of 29.65 feet to a PC;
THENCE along the arc of curve which is concave to the Southwest a distance of 58.23 feet, whose Radius
is 102.00 feet,whose Delta is 32°42'39" and whose Long Chord bears North 89°03'35" West a distance of
57.45 feet to a PT;
THENCE South 74°35'06" West a distance of 52.69 feet;
THENCE South 82°09'54" West a distance of 39.17 feet;
THENCE South 85°43'06" West a distance of 51.05 feet;
THENCE South 86°49'12" West a distance of 164.56 feet;
THENCE South 88°00'05" West a distance of 35.21 feet;
THENCE North 85°54'54" West a distance of 49.74 feet;
THENCE North 74°00'50" West a distance of 92.55 feet;
THENCE North 87°22'56" West a distance of 23.81 feet;
THENCE South 77°29'44" West a distance of 36.83 feet to a PC;
THENCE along the arc of a curve which is concave to the Northwest a distance of 43.03 feet,whose
Radius is 123.00 feet, whose Delta is 20°02'32"and whose Long Chord bears South 87°31'00" West a
distance of 42.81 feet to a PT
THENCE North 82°27'44" West a distance of 50.91 feet;
THENCE North 80°23'59" West a distance of 17.19 feet to a PC;
THENCE along the arc of a curve which is concave to the Southeast a distance of 41.85 feet,whose Radius
is 83.00 feet, whose Delta is 28°53'33" and whose Long Chord bears South 85°09'14"West a distance of
41.41 feet to a PT;
THENCE South 70°42'28" West a distance of 22.30 feet to a PC;
THENCE along the arc of a curve which is concave the Northwest a distance of 42.35 feet,whose Radius
is 125.00 feet,whose Delta is 19°24'44"and whose Long Chord bears South 80°24'50" West a distance of
42.15 feet to a PT;
THENCE North 89°52'48" West a distance of 51.59 feet;
THENCE North 86°38'49' West a distance of 39.96 feet;
THENCE North 85°15'23" West a distance of 30.03 feet;
THENCE North 83°08'34" West a distance of 39.96 feet;
THENCE North 81°57'28" West a distance of 244.05 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 35.90 feet, whose
Radius is 300.00 feet,whose Delta is 6°51'20" and whose Long Chord bears North 85°23'08" West a
distance of 35.87 feet to a PT;
THENCE North 88°48'47" West a distance of 211.03 feet;
THENCE South 89°56'36" West a distance of 20.35 feet;
THENCE South 84°51'23" West a distance of 63.12 feet;
THENCE South 87°49'18" West a distance of 112.16 feet to a PC;
THENCE along the arc of curve which is concave to the Southeast a distance of 48.30 feet,whose Radius
is 552.00 feet, whose Delta is 5°00'47" and whose Long Chord bears South 85°18'54" West a distance of
48.28 feet to a PT;
THENCE South 82°48'30" West a distance of 127.13 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 152.34 feet,whose
Radius is 500.00 feet,whose Delta is 17°27'26" and whose.Long Chord bears North 88°27'47" West a
distance of 151.75 feet to a PT;
THENCE North 79°44'04" West a distance of 5.84 feet;
THENCE North 71°32'40" West a distance of 31.49 feet;
THENCE North 63°52'07" West a distance of 45;55 feet;
THENCE North 55°23'55" West a distance of 48.29 feet;
980864
6
THENCE North 51°13'10" West a distance of 52.42 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 52.26 feet, whose
Radius is 110.00 feet, whose Delta is 27°13'14" and whose Long Chord bears North 37°36'34" West a
distance of 51.77 feet to a PT;
THENCE North 23°59'57' West a distance of 18.15 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 49.31 feet, whose
Radius is 147.00 feet, whose Delta is 19°13'14" and whose Long Chord bears North 33°36'34" West a
distance of 49.08 feet to a PT;
THENCE North 43°13'11" West a distance of 174.26 feet;
THENCE North 48°26'19" West a distance of 83.18 feet;
THENCE North 44°47'17" West a distance of 27.56 feet;
THENCE North 43°25'09" West a distance of 90.15 feet;
THENCE North 47°23'06" West a distance of 110.47 feet;
THENCE North 47°51'45" West a distance of 39.80 feet;
THENCE North 41°18'03" West a distance of 39.47 feet;
THENCE North 37°41'20" West a distance of 55.73 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 172.99 feet,whose
Radius is 314.00 feet, whose Delta is 3l°33'58" and whose Long Chord bears North 53°28'19" West a
distance of 170.81 feet to a PT;
THENCE North 69°15'18" West a distance of 57.05 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 59.01 feet, whose
Radius is 445.00 feet,whose Delta is 7°35'54"and whose Long Chord bears North 73°03'15" West a
distance of 58.97 feet to a PT;
THENCE North 76°51'12" West a distance of 128.03 feet;
THENCE North 74°09'11" West a distance of 109.43 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 102.85 feet,whose
Radius is 158.00 feet, whose Delta is 37°17'49"and whose Long Chord bears North 55°30'16" West a
distance of 101.04 feet to a PT;
THENCE North 36°51'21" West a distance of 59.97 feet;
THENCE North 30°58'24" West a distance of 38.40 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 91.70 feet,whose Radius
is 95.00 feet, whose Delta is 55°18'10" and whose Long Chord bears North 03°19'19" West a distance of
88.18 feet to a PT;
THENCE North 24°19'46" East a distance of 53.34 feet;
THENCE North 19°01'59" East a distance of 33.66 feet;
THENCE North 11°42'03" East a distance of 47.65 feet;
THENCE North 19°16'13" East a distance of 29.57 feet;
THENCE North 19°30'49" East a distance of 99.62 feet to a PC;
THENCE along the arc of a curve which is concave to the Northwest a distance of 109.98 feet, whose
Radius is 377.00 feet,whose Delta is 16°42'51"and whose Long Chord bears North 11°09'23" East a
distance of 109.59 feet to a PT;
THENCE North 02°47'57"East a distance of 79.64 feet;
THENCE North 04°00'40" East a distance of 49.83 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 59.67 feet, whose
Radius is 1 1 1.00 feet, whose Delta is 30°48'05"and whose Long Chord bears North 11°23'23" West a
distance of 58.96 feet to a PT;
THENCE North 26°47'25" West a distance of 12.24 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 32.10 feet,whose
Radius is 53.00 feet,whose Delta is 34°42'13" and whose Long Chord bears North 09°26'19" West a
distance of 31.61 feet to a PT;
THENCE North 07°54'48" East a distance of 54.10 feet;
THENCE North 00°23'04" West a distance of 48.33 feet;
THENCE North 06°37'00" West a distance of 49.55 feet;
THENCE North 10°54'50" West a distance of 43.06 feet to a PC;
980864
7
THENCE along the arc of a curve which is concave to the Southwest a distance of 143.17 feet, whose
Radius is 442.00 feet, whose Delta is 18°33'31" and whose Long Chord bears North 20°11'35" West a
distance of 142.54 feet to a PT;
THENCE North 29°28'21" West a distance of 59.52 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 44.44 feet, whose
Radius is 231.00 feet, whose Delta is 11°01'24" and whose Long Chord bears North 34°59'03" West a
distance of 44.37 feet to a PT;
THENCE North 40°29'45" West a distance of 66.48 feet;
THENCE North 36°30'12" West a distance of 43.66 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 192.96 feet,whose
Radius is 386.00 feet, whose Delta is 28°38'32" and whose Long Chord bears North 50°49'28" West a
distance of 190.96 feet to a PT;
THENCE North 65°08'43" West a distance of 77.06 feet;
THENCE North 60°59'33" West a distance of 59.87 feet;
THENCE North 59°13'00" West a distance of 79.91 feet;
THENCE North 56°17'48" West a distance of 84.95 feet;
THENCE North 57°20'18" West a distance of 121.08 feet to a PC;
THENCE along the arc of a curve which is concave to the Northeast a distance of 112.58 feet, whose
Radius is 539.00 feet,whose Delta is 11°58'04"and whose Long Chord bears North 51°21'16" West a
distance of 112.38 feet to a PT;
THENCE North 45°22'14" West a distance of 39.61feetto a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 247.96 feet, whose
Radius is 630.00 feet, whose Delta is 22°33'04" and whose Long Chord bears North 56°38'47" West a
distance of 246.37 feet to a PT;
THENCE North 67°55'19" West a distance of 32.02 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 297.26 feet, whose
Radius is 720.00 feet, whose Delta is 23°39'19"and whose Long Chord bears North 79°44'58" West a
distance of 295.16 feet to a PT;
THENCE South 88°25'22" West a distance of 235.05 feet to a Point of Terminus, from said point the
Northwest corner of Section 34 bears North 04°38'25" West a distance of 603.57feet.
980864
8
SURVEYOR'S CERTIFICATE
I, Kevin R. King, a Colorado Registered Professional Land Surveyor do hereby state that this Easement
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
Kevin R. King
Colorado Registered Professional
Land Surveyor#20685
KING SURVEYORS, INC.
1200 West Ash Street, Suite C
Windsor, Colorado 80550
(970)686-5011
Project Number:97321 (April 20, 1998)
File:legal.txt
980864
HARTER, SECREST & EMERY LLP
ATTORNEYS AT LAW
One Marine Midland Center,Suite 3550 A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 800 Laurel Oak Drive,Suite 400
Buffalo,New York 14203-2884 Naples,Florida 34108-2738
716-853-1616 700 MIDTOWN TOWER 941-598-4444
ROCHESTER,NEW YORK 14604-2070 6719 Winkler Road,Suite 121
431 East Fayette Street
Syracuse,New York 13202-1919 716-232-6500 Fort Myers,Plorida 33919-7200
315-474-4000 FAX 716-232-2152 941-489-1774
111 Washington Avenue,Suite 206 E-mail: cryan@hselaw.com
Albany,New York 12210-2206
518-434-4377
May 13, 1998
Please Reply To:Rochester
Direct Dial:716-231-1410
VIA UPS OVERNIGHT ��' T��
r„
Bruce T. Barker, Esq. (Weld County Attorney �1AY 1 4 1998
915 Tenth Street LAT-C: Ft p9�NT
P.O. Box 1948
URNEYO OFFICE
Greeley, Colorado 80632
Re: Lease Agreement between Eastman Kodak Company to the
County of Weld
Dear Bruce:
As requested, enclosed are four execution copies of the above-referenced Lease which are
now ready for signature on behalf of the County of Weld where indicated. Please arrange to
have all four signed and returned to me for execution by Kodak. You will note that the map or
description is to be attached as Ex[Brr A. Please call me if you have any questions and thanks
for your help.
Very truly yours,
HA R, SECREST & EMERY
Cathy Kaman yan
CKR:ckr
Enclosures
980864
Bruce T. Barker, Esq.
May 13, 1998
Page 2
cc: Bruce Sandford
Mark R. Wright, Esq.
Kathy Vogele
HARTER, SECREST & EMERY LLr 980864
ATTORNEYS AT LAW
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