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Home My WebLink About20180851.tiffRESOLUTION RE: APPROVE SECOND AMENDMENT TO LEASE AGREEMENT FOR CONSTRUCTION, OPERATIONS, AND MAINTENANCE OF TRAIL ACROSS KODAK PROPERTY AND AUTHORIZE CHAIR TO SIGN - GWIP, LLC, CARESTREAM HEALTH, INC., AND TOWN OF WINDSOR 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 Second Amendment to 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, on behalf of the Department of Public Works, and GWIP, LLC, Carestream Health, Inc., and the Town of Windsor commencing upon full execution of signatures, with further 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 Second Amendment to 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, on behalf of the Department of Public Works, and GWIP, LLC, Carestream Health, Inc., and the Town of Windsor, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. cc t PwC TO' / Mc) 1f -19-/P 2018-0851 EG0075 RE: SECOND AMENDMENT TO LEASE AGREEMENT FOR CONSTRUCTION, OPERATIONS, AND MAINTENANCE OF TRAIL ACROSS KODAK PROPERTY - GWIP, LLC, CARESTREAM HEALTH, INC., AND TOWN OF WINDSOR PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of March, A.D., 2018. ATTEST: ditif44) C;ok Weld County Clerk to the Board Deputy Clerk to the B APP; e '. AS T ounty torney Date of signature: c1 --I18 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1 Steve Moreno, Chair Mike Freeman 2018-0851 EG0075 MEMORANDUM TO: Clerk to the Board DATE: March 21, 2018 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: Agreements for Poudre Trail Flood Damage Please place on the March 21, 2018 BOCC agenda for acceptance the following three documents related to the Poudre River Trail Flood Damage Improvements for the BOCC acceptance and signature. 1. Second Amendment to Lease Agreement for Construction, Operations, and Maintenance of Trail Across Kodak Property. • There are three (3) original Agreements that must be signed by the Chair. Please return two (2) originals to Tiffane Johnson at Weld County Public Works. 2. Temporary Construction Easement Donation agreement to execute conveyance of Temporary Construction Easement. 3. Temporary Construction Easement between GWIP, LLC, a Colorado Company and Weld County to be signed by the Chair. c.c.: Fk.J C TS) 2018-0851 E -Go SECOND AMENDMENT TO LEASE AGREEMENT FOR CONSTRUCTION, OPERATIONS, AND MAINTENANCE OF TRAIL ACROSS KODAK PROPERTY THIS SECOND AMENDMENT TO LEASE AGREEMENT FOR CONSTRUCTION, OPERATIONS, AND MAINTENANCE OF TRAIL ACROSS KODAK PROPERTY (this "Second Amendment") is made and entered into as of this 2lstday of March 2018 (the "Second Amendment Effective Date") by and among GWIP, LLC, a Colorado limited liability company ("GWIP") (f/k/a Broe Land Acquisitions II, LLC), CARESTREAM HEALTH, INC., a Delaware corporation ("Caresteam"), and TOWN OF WINDSOR, a political subdivision of the State of Colorado (the "Town," and collectively with GWIP and Carestream, "Lessors"), and COUNTY OF WELD, a political subdivision of the State of Colorado ("Lessee"). Recitals A. Lessee and Eastman Kodak Company, Inc., a New Jersey corporation ("Eastman Kodak"), as the predecessor in interest of the real property described in the Lease (as hereinafter defined), entered into that certain Lease Agreement for Construction, Operations, and Maintenance of the Trail Across Kodak Property dated May 13, 1998 and recorded in the real property records of Weld County, Colorado, on February 11, 1999, at Reception Number 2672770 (the "Original Lease"), as amended by that certain First Amendment to the Lease Agreement for Construction, Operations, and Maintenance of Trail Across Kodak Property dated September 13, 1999 and recorded in the real property records of Weld County, Colorado, on November 19, 1999, at Reception Number 2733550 (the "First Amendment," and collectively with the Original Lease, the "Lease") for the construction, maintenance and public use of the Trail (as defined in the Lease). B. Following an instance of flooding on the Cache la Poudre River, a portion of the Trail washed out. C. Lessors and Lessee now wish to amend the Lease to reflect the new alignment of the Trail and to otherwise amend the Lease as set forth below. Amendment In consideration of the facts set forth in the Recitals and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Amendment. The legal description of the "leased premises" is hereby amended to include the real property legally described and depicted on Exhibit A attached hereto and incorporated herein by this reference. 4385201 Pages: 1 of 8 03/23/2018 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 PONT 11111 A-1 02-oif-, 4°15/6) 14500213 2. Ratification. Except as expressly provided in this Second Amendment, the Lease remains unmodified and in full force and effect. In the event of any conflict between the Lease and this Second Amendment, the terms and provisions of this Second Amendment will control. 3. Counterparts. This Second Amendment may be executed in counterparts, each of which will constitute an original, but all of which, when taken together, will constitute one agreement. Executed copies may be delivered by e-mail or other electronic means and upon receipt will be deemed originals and binding upon the parties. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the Second Amendment Effective Date. LESSOR: GWIP, LLC, a Colorado limited By: Name: Title: STATE OF COLORADO ) ss. [CITY AND] COUNTY OF _ The foregoing instrument/ was ack kiedged before e this 6 day of .�_ , 20 l $ , by G_c_r2) s s ,c , as of GWIP, LLC, a Colorado li ed liability company. Witness my hand and official seal. My commission expires: G o SANDRA REMY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 200P4AQA56itures MY COMMISSION EXPIRES FEBRUARY B, 2020 4385201 Pages: 2 of 8 03/23/2018 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO EI11 FiliraNTWERANION nximaiiivaiyi,11111 ontinue on following pages] A-2 14500215 LESSOR: CARESTREAM HEALTH, INC., a Delaware corporation By: Name: a Scif#0$c-h 2 43 �2.6� Title: Wk. /%ftoii9 /%K4 D re'c.T1/4112- STATE OF COLORADO ) ) ss. [CITY AND] COUNTY OF `e -A. C\ ) The foregoing instrument was acknowledged before me this \ ? day of ,MCA e 4, , 20 \ 25, by E,t✓ kt��erc' �, as ec.• of CARESTREAM HEALTH, INC., a Delaware corporation. Witness my hand and official seal. My commission expires: --�� [Signatures continue on following pages] SHARI I.. MCOINN NOTARY PUSUC STATE OF COLORADO NOTARY ID 20074024445 MY COMMISSION EXPIRES 06/22/2019 4385201 Pages: 3 of 8 03/23/2018 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11 II A-3 14500213 LESSOR: TOWN OF WINDSOR, COLORADO, a political subdivision of the State of Colorado ATTEST: rata. Title: PL-4-iirt -rotor V.40.0Y✓ [Signatures continue on following pages] 4385201 Pages: 4 of 8 03/23/2018 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII l ��L1r16��'LfI�C4tl �tiY1�� I+�I�l�i�LJ�li h 11111 A-4 14500213 LESSEE: COUNTY OF WELD, a political subdivision of the State of Colorado By: -7249°1-2-1"."6"-- Name: Steve Moreno Title: Chairperson, Board of County Commissioners of Weld County MAR 2 1 2018 4385201 Pages: 5 of 8 03/23/2018 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO raf1r6 II' 11111 A-5 1450021.3 a20/1- 0r5/ Cr J EXHIBIT "A" PROJECT CODE: 21887 PROJECT NUMBER: TAP C030-071 LEASE NUMBER: LEASE -1 DATE: SEPTEMBER 25, 2017 LEGAL DESCRIPTION A Lease No. LEASE -1 of the Department of Transportation, State of Colorado, Project Code 21887, Project Number TAP C030-071, containing 19,615.69 square feet (0.450 acres), more or less, located in Lot -B of RE -476, Windsor, Colorado, said Temporary Easement being more particularly described as follows: Commencing at a point, whence the East One -Quarter corner of Section 35, Township 6 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado bears North 76° 20' 48" East, a distance of 423.79 feet, said point being the TRUE POINT OF BEGINNING; 1. Thence South 64° 06' 19" East, a distance of 17.01 feet; 2. Thence along the arc of a non -tangent curve to the left with a radius of 430.00 feet, a delta angle of 1° 39' 13", a curve length of 12.41 feet (the chord of said arc bears South 68° 26' 21" East, a distance of 12.41 feet); 3. Thence along the arc of a non -tangent curve to the right with a radius of 470.00 feet, a delta angle of 47° 02' 42", a curve length of 385.91 feet (the chord of said arc bears South 46° 46' 08" East, a distance of 375.16 feet); 4. Thence along the arc of a non -tangent curve to the left with a radius of 430.00 feet, a delta angle of 7° 01' 09", a curve length of 52.68 feet (the chord of said arc bears South 29° 44' 13" East, a distance of 52.64 feet); 5. Thence South 34° 55' 03" East, a distance of 31.11 feet; 6. Thence South 49° 19' 10" West, a distance of 40.20 feet; 7. Thence North 34° 55' 03" West, a distance of 35.72 feet; 8. Thence along the arc of a non -tangent curve to the right with a radius of 470.00 feet, a delta angle of 7° 13' 27", a curve length of 59.26 feet (the chord of said arc bears North 29° 42' 25" West, a distance of 59.22 feet); 4385201 Pages: 6 of 8 03/23/2018 10:47 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 POraNu Iiiiteh4Y,11 4f 11111 9. Thence along the arc of a non -tangent curve to the left with a radius of 430.00 feet, a delta angle of 47° 13' 24", a curve length of 354.41 feet (the chord of said arc bears North 46° 43' 31" West, a distance of 344.46 feet); 10. Thence along the arc of a non -tangent curve to the right with a radius of 470.00 feet, a delta angle of 1° 51' 07", a curve length of 15.19 feet (the chord of said arc bears North 68° 23' 08" West, a distance of 15.19 feet); 11. Thence North 64° 06' 19" West, a distance of 17.08 feet; 12. Thence North 24° 17' 02" East, a distance of 40.01 feet to the TRUE POINT OF BEGINNING. The above described Lease contains 19,615.69 square feet (0.450 acres), more or less. The purpose of the above described Lease is to realign the Poudre river trail due to flood damage. Basis of Bearings: All bearings are grid bearings of the Colorado State Plane System, North Zone (0501), North American Datum 83(2011). The East line of the Northeast One - Quarter of said section 35, from the East One -Quarter corner being a 3-'/" aluminum cap stamped LS20685 1990 to the Northeast corner of said section 35 being a 3-'/4" aluminum cap stamped LS7242 1993, as bearing North 00° 33' 42" West. For and on Behalf of the Weld County Daniel R. Holmes, PLS 38213 1111 H Street Greeley, CO 80632 4385201 Pages: 7 of 8 03/23/2018 10:47 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII C f l��NaI�'hfi4ti � i 6':1l1YIYVIV k' 1111 EXHIBIT -A SE f/4 S35-T6N-R67W SW 1/4 S36-T6N-R67W CURVE TABLE CUR C1 C2 LEN 55.95' 370.18 RADIUS 450.00' 450.00' 450.00' DELTA 07'07'28 47'07'56 01.45'2 CHD BRG N29'43'19 'W N46'44'51 "W N68'24'41 "W CHD DIST 55.92' 359.83' C3 13.79 13.79' P.O.T. N64'06'19"W 17.05' C3 WELD COUNTY OLD CENTER LINE 40' WIDE LEASE DESCRIPTION l.CC#2672770 C2 2-I1-1999 2ND AMENDMENT TO 40' WIDE LEASE AGREEMENT 19,615.69 sf. OR 0.45 ac.± SE 1/4 S35-T6N-R67W GWIP LLC (FORMERLY BROE LANE) ACQUISITIONS II LLC) DEMIANYCZ JOHN DANIEL REVOCABLE TRUST LOT —A RE -475 BLANKS LOT —A RE -476 C1 co tO co zo ¢� wN ,1 436'35 N34'55'03"W 33.42' RECP.# 3349269 PARCEL#080735400008 LOT -B RE -476 RECP.#1847472 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT, IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 2ND AMENDMENT TO 40' WIDE LEASE AGREEMENT GWIP LLC WELD COUNTY, COLORADO s Nco GOU1LL 4385201 Pages: 8 of 8 03/23/2018 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII ��WO' IIIr��'r MY � ��F4tiI�W�h 11111 P.O.B. 1MLn COUNTY 4O wIDF lfasr RFC#2672770 2 111999 NE COR. S35-T6N-R67W FND 3 1/4" ALUM. CAP LS7242 1993 EXISTING 60.00' ROW RD BK-1, PG -355 04-09-1875 30' HIDE- W. SIDE OF THE NW36-6-67 QUARTER GWIP I,I.,C MAR. 17, 1909 REC#138986 (' I (FORMERLY ROE LAND AQUISITIONS II LLC) P,O.C. E 1/4 COR. S35-T6N-R67W FND 3 1/4" ALUM. CAP LS20685 1990 EXISTING 60.00' ROW RD BK-1, PG -355, 04-09-1875 RESOLUTION 06-13.2013 REC#3072613 HELD COUNTY RETAINS THE RIGHT-OF-WAY FOR MAINTENANCE AND EMERGENCY USE SW 1/4 836-T6N-R67W WELD COUNTY DEPARTMENT OF PUBLIC WORKS POUDRE TRAIL PROJECT PROJECT NO: GR-37 SCALE: 1'1=200 DATE: 2-05-18 DRAWN BY: D1111 SHEET: 4 of4 Hello