HomeMy WebLinkAbout992713.tiff RESOLUTION
RE: APPROVE FIRST AMENDMENT TO LEASE AGREEMENT FOR CONSTRUCTION,
OPERATIONS, AND MAINTENANCE OF TRAIL ACROSS KODAK PROPERTY AND
AUTHORIZE CHAIR TO SIGN - EASTMAN KODAK COMPANY
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 the First Amendment to the Lease
Agreement for Construction, Operations, and Maintenance of the Trail Across Kodak Property
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Eastman Kodak Company, with terms and conditions
being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 First Amendment to the Lease Agreement for Construction,
Operations, and Maintenance of the Trail Across Kodak Property between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
the 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 amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, C LORADO
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3K. Hall, Chair
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;'•' " i' 11 / . arbara J. Kirkmeyer, P'r Tem
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CA) 7151 M Rr.1 1.40 992713
FIRST AMENDMENT TO LEASE AGREEMENT
FOR CONSTRUCTION, OPERATIONS, AND MAINTENANCE OF TRAIL
ACROSS KODAK PROPERTY
Cam` THIS FIRST AMENDMENT TO LEASE AGREEMENT is made and entered into this /3
day of 6e p4em,rr , 1999,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 P.O. Box 758, 915 10'h Street, Greeley, Colorado 80632, hereinafter referred to
as the "Lessee."
WITNESSETH:
WHEREAS,the parties hereto previously entered into a Lease Agreement For Construction,
Operations, and Maintenance of Trail Across Kodak Property for the location of the Poudre River
Trail ("Trail") across property owned by Lessor and located in Sections 34-36, Township 6 North,
Range 67 West of the 6'h P.M., Weld County, Colorado, which Lease Agreement was recorded on
February 11, 1999, at Reception Number 2672770 in the Office of the Weld County Clerk and
Recorder, and
WHEREAS, attached to said Lease Agreement as "Exhibit A" is a description and survey
plat of the centerline of the Trail, and
WHEREAS, the parties now desire to amend the description to include in the Lease
Agreement an extension of the Trail across the Kodak property to link the Trail to a crossing of
Colorado Highway 257, and to amend Sheet 3 of 3 Sheets of the survey plat to also include in the
Lease Agreement the parking lot for use by Trail patrons.
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and
conditions set forth in the Lease Agreement and herein,the parties hereto agree to amend the Lease
Agreement as follows:
1. The Trail as it crosses the Kodak property, which is detailed in the description
attached to the Lease Agreement as "Exhibit A," is amended to include the Trail
which is described in the attached Exhibit "1."
2. That portion of the survey plat which is part of"Exhibit A" to the Lease Agreement
and which is denominated "Sheet 3 of 3 Sheets" is hereby amended to include the
parking lot for Trail patrons, as shown in the attached Exhibit "2."
3. The Trail as it crosses the Kodak property, which is detailed in the description
attached to the Lease Agreement as "Exhibit A," shall be 40 feet in width, being 20
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2733550 11/19/1999 09:00A JA Suki Tsukamoto
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feet on either side of the center line which is described in said Exhibit A.
FURTHER, that the remaining provisions of the Lease Agreement shall remain the same.
SIGNED this /3 day of SCE p+cnl bcr , 1999.
ATTEST: 1 , f �/� COUNTY OF WELD, a political subdivision
X01 Yl4iJ4J/ � of the STATE OF COLORADO
ot
Iasi ��� 1- . ' � By:
Deputy Clerk to the Boar.\ A / Da e K. Hall, Chairm (I I i0 q9)
q Board of County Commissioners of��� the County of Weld
ATTEST: EASTM KODAK COMPANY
0/ �'
By:
Nam .
Title: . ire
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2733550 11/19/1999 09:OOA JA Suki Tsukamoto
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EXHIBIT 1
Twenty feet (20') on either side of a line (40' total) located in the Northwest Quarter(NW'/4) of
Section 34, Township 6 North, Range 67 West of the 6t° P.M., Weld County, Colorado, being
more particularly described as follows:
Commencing at the "POINT OF TERMINUS," as denoted on Sheet 3 of 3 of Exhibit "A" of the
Lease Agreement for Construction, Operations, and Maintenance of Trail Across Kodak
Property, which point is located N04°38'25"W, 603.52 feet from the Northwest (NW) Corner of
said Section 34, THENCE east along the Poudre River Trail for approximately 363 feet to the
TRUE POINT OF BEGINNING;
THENCE northward and crossing the southern most access road to the Kodak property and then
intersecting an existing farm road;
THENCE along the existing farm road approximately three-tenths (.3) of a mile generally in a
northwesterly direction to a point located approximately 125 feet east of the right-of-way
("ROW") line for Colorado Highway 257, to a point approximately 30 feet south of Kodak's
delivery entrance road off of said Highway 257;
THENCE westward to the ROW line for said Highway 257.
11111111111SHUN �LIII111111III11111IIII dill
2733550
R 0.00 D 0.00 9We Weld County COsukamoto
October 26, 1999
Mr. Dale Hall
Chairman
Weld County Commissioner
915 10 Avenue
Greeley CO 80631
Dear Dale:
Enclosed is the amended lease agreement between the County of Weld and Eastman
Kodak Company for the Poudre River Trail.
The lease has been executed by our Senior Vice President and now needs to be completed
by the County. After you sign the agreement, I would appreciate receiving one copy for
our files.
Thanks, Dale, and I look forward to seeing you soon.
Sincerely,
LaCc LL
Lucille Mantelli
Director
Communications and Public Affairs
EASTMAN KODAK COMPANY • 9952 EASTMAN PARK DRIVE • WINDSOR, COLORADO 80551 Lig�j` 713
$eooa y
992713
BC0024
ALSO CONTAINS A RECORDED MAP
SEE FILE FOR ORIGINAL
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