HomeMy WebLinkAboutVAIL VILLAGE FILING 13 TRACT A LEGAL (2)cs1*tl{?Y oevrtartr*r
Deeign Review Board
ACTIOT{ FOR},I
D€partment cf Cornmunity Development
75 South F ontate Raad, Vall, Colotado 81657
tgl:970.479.2139 hr:S70.479.245?
web: unw.vall0ov.com
Project Name: CDOT/IOV Berm East Vail
Proiect Description:
Participants:
OWNER TOWN OF VAIL
C/O RNANCE DEPT
75 S FRONTAGE RD
VAIL
co 81657
APPUCANT CDOT
ATTN: MARTHA MILLER
PO BOX 298
EAGLE
co 81631
APPUCANT TOWN OF VAIL
C/O FINANCE DEPT
75 S FRONTAGE RD
VAIL
co 81657
Project Address:
I-70 & NORTH FRONTAGE RD fiRACT A VAIL V
DRB Number: DR8080089
EpAND A BERM ON THE NORTH SIDE OF I-70 (WEST OF WHERE THE FRONTAGE RD CROSSES
BENEATH INTERSTATE). Brian Gillette made a motion for approval and Libby Plante seconded
the motion. Passed by a vote of4-0-0.
0410412008
04 | O4l 2008 Phone: 970-328-6385
0410412008
location:
Legaf Description: Lot: edcfi/SAaivision: VAILVILT-AGE FILING 13 aYA.e A-
Parcel Number: 2101-034-0300-2
Comments: SeeConditions
BOARD/STAFF ACTION
Act.on: APPROVED
Conditions:
Cond: CON0009901
The applicant shall install 100, S-gallon spruce trees on
the nofth side of the berm by no later than November 31,
2010.
Cond: 201
(PLAN): DRB approval shall not become valid for 20 days
following the date of approval, pursuant to the Vail Town
Code, Chapter 12-3-3: APPEALS.
Cond: 202
(P|-AN): Approval of this project shall lapse and become
void one (1) year following the date of final approval,
unless a building permit is issued and construction is
commenced and is diligently pursued toward completion.
Planner: Warren Campbell
Conceptual Review
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 97 0.47 9.2128 f axi 97 0. 47 9.2452
web: www.vailgov.com
General Information:
All p@ects requiring design review must receive approval prior to submitting a building permit application. Please refer to the
submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all
required information is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and construction commences within one year of
approval.
Description of the Request:
CDOT l-70 riqht-of-wav as well as Town of Vail Tract A.
Location of the Proposal: Lot: _ Block: SuMivision:
Physical Address: N/A
Parcel No.: TractA. 13s filino. 2101-034-03-OOI2 (Contact Eagle @. Assessor at 970-328-8640 for parcel no,)
Zoning: open space
Name(s) of Owner(s): Tract A-Town of Vail: l-70 ROW- CDOT
Mailing Address: CDOT. PO Box 298. Eaole. CO. 81637
Phone: (970)328-6385
Owner(s) Signature(s):Aun fi,
Name of Applicant:
Mailing Address: PO Box 298. Eaqle. CO 81631 75 S. Frontaoe Road, Vail. CO 81657
cel 1t5
E-mail Address:
Phone:
Fax:
Type of Review and Fee:
o Signs $50 Plus $1.00 per square foot of total sign area.
@
o New Construction $550 For construction of a new building or demo/rebuild.
o Addition 9300 For an addition where square footage is added to any residential or commercial building (incl
additions & interior conversions).
o Minor Alteration $250 For minor changes to buildings and site improvements, such as,
. - (multi-family/commercial) re-roofing, painting, window additionl landscaping, fences and retaining walls, etc.
\ Minor Alteration $20 For minor changes to buildings and site improvements, such as,
' (single-family/duplex) re-roofing, painting, window additions, landscaping, fences and retaining walls, etc.
a Changes to Approved Plans $20 For revisions to plans already approved by Planning Staff or the Design Review Board.
o Separation Request No Fee
o$
\\(r
l]V
2000
gf_vAtL
0
RESOLUNON NO.IO
Serles of2008
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AND A LEASE
AGREEMENT BEIWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO
DEPARTMENT OF TRANSPORTATION REGT1RDING SEDIMENT CONTROL STORAGE
AREAS ON THE NORTH SIDE OF INTERSTATE 70 AT APPROXIMATELY M.P. 178.179; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the'Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the'Charter'); and
WHEREAS, lhe members of the Town Council of the Town (the "Council') have been
duly elected and qualified; and
WHEREAS, the Town and the Colorado Department of Transportation ("CDOT') wish to
enter into an Intergovernmental Agreement ("lGA') for the design and construction of two
Sediment Disposal Areas ("Berms"), East and West, on the North side of Interstate 70 at
approximate milepost 178-179'for the purpose of sand storage and to provide aesthetic and noise
mitigation to lhe sunounding neighbors; and
WHEREAS, the Berms are to be completed in two phases over the next 5 to 10 years,
wherein CDOT will be responsible for the conslruction of the East phase that is within the CDOT
ROW and Tract A and the Town and CDOT will be jointly responsible for the West phase that is
within CDOT ROW, Tract A, and an existing easement granted by the Bald Mountain Townhome
Association; and
WHEREAS, in addition to the lGA, which is required for the proposed Berm project, the
Town and CDOT must also enter into a land lease (the'Lease') for that portion of land in Tract A
owned by the Town.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter
into the IGA and Lease with CDOT, in substantially the same form as attached hereto as
Exhlbit A and Exhibit A-'l and in a form approved by the Town Attorney, for the design
and construction of two Berms, East and West, on the North side of Interstate 70 at
approximate milepost 17 8-17 9.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 15s day of April, 2008.
Richard Cleveland
Town Mayor
ATTEST:
,Lorelei Donaldson,
Town Clerk
Resolution No. 10, Series 2008
08 HA3 000
331000***
INTERGOVERNMENTAL AGREEMENT
REGARDING SEDIMENT CONTROL STORAGE AREA
ON INTERSTATE 70
AT APPROXIMATELY M.P. 178.0 - 179.0
THIS AGREEMENT is made this dav of
by and between the STATE OF COLORADO DEPARTMENT OF TRANSPORTION,
hereinafter referred to as the "State". and THE TOWN OF VAIL. hereinafter referred to
as the "Town".
WHEREAS, the State and Town of Vail hereby agree to construct a Sediment Disposal
Area, hereinafter referred to as the 'term", and as described further in Exhibit A, Scope
of Work;
WHEREAS, said berm will be constnrcted on the Interstate 70 Right of Way and
Town of Vail owned Tract "A', Vail Village l3h Filing;
WHEREAS, the State and Town agree the constuction and or'kork" to be performed is
pursuant to a Lease Agreernent currently being executed between CDOT arid the Town of
Vail;
NOW THEREFORE, it is agreed that:'
A. The State shall be responsible for all the labor, materials'and equipment to
complete the embankment, traffic control, storm wat€r management, rough
grading, topsoil and seeding ofthe East Phase as shown on Exhibit B-1.
B. The Town shall be responsible for all the labor, materials, and equipment for
transplanting trees, container planting, and ternporary i:rigation syst€rn on Tract
A.
C. The labot materials and equipment responsibilities for the West berm, such as
embanknent, traffic control, storm water managemenl rough grading, topsoil and
seeding will be established during the design and volume distribution process.
D. Unless otherwise specifically stated herein, each Party shall be responsible for
operating and maintaining at no cost to the other Party, those facilities
constructed in its respective Right of Way or Parcel. Neither Party shall causs or
permit any dangerous condition arising from its performance of the operation and
maintenance obligations assigne4to it by this Agreernent.
E. All "Work" in the State Rignts of Way shall be performed pursuant to State
regulations and statutes, where applicable. No *Work" shall be perforrred in the
State Right of Way without State approval.
2008
Page I of4pages
F. No "Work" shall be performed in the Town of Vail property without Town
approval.
G. Access througb the State Right of Way shall be prohibited without State approval.
H. All landscaping within the state Right of way shall be funded and completed
using publii -on"y. Privately funded projects are forbidden on State Right of
way.
L The Town recngtizes that the State has, in the State's sole discretion, the right to
modify, or dernilish and remove, all, or any portion of the berm in its Right of
Way for any reason.
J. The State recogdzes that the Town has, in the Town's discretion' the right to
modiff, or deconstnrct and remove, the portion of the berm on its Parcel for any
reason as long as it is in compliance with any other Agreernent(s) the Town may
have concerning the berm.
K. Both Parties agree that they will provide written notice to the other Party sixty
(60) days in advance of any modification and/or demolition. The Parties agree to
attempito collaborate on any modifications to preserve the integrity of the berm'
L. All labor, material,.and equipment costs associated with the modificafion and/or
dernolition to the Right of Way or Parcel shall be at the requesting Party's
expense without any cost or liability to the other party.
M. To the extent authorized by law, the Parties to this Agreement shall hold harmless
the other Party against any and all claims, damages, liability and gourt awards
including costs, e*pe.tses and attomey fees incurred as a result of any grossly
negligent or reckless action ofthe Party or its errployees' agents' sub-contlactors'
or assignees in connection with the perfornanc€ of this Agreement'
N. The berm will be built in phases as indicated on the approved plans. It is
anticipated that the project will take several years to complete.
O. This Agreement may be amended only by a written instrument duly executed by
the Parties or permitted successors. Neither Party may assign or transfer its
responsibilities in this Agreernent without the prior written consent of the other
Party.
P. All notices, requests and other communication required or permitted hereunder
shall be in writing and shall be deemed delivered when actually received, or, if
earlier, and regardless whetl€r actually recEived or not, five (5) business days
after deposit in ttre UniteA States Mail, First Class, postage prepaid, registered or
certified and addressed as follows:
Page2 of4pages
Thepartiesmay,bynoticeprescribedabovedesigratealtematepersonneloraddresses
for notices, requests and communication'
Nothing in this Agreern*itft"ff U" construed as a waiver of the rights and privileges of
either party under the coio*ao cou"tn*ental Immunity Act with respect to third parties'
TOTHE STATE :
Martha Miller
Resident Engineo
Colorado Department of Transpodation
714 Grand Avenue P.O. Box 298
Eagle, CO 81631
Bernie Rasmussen
Agreemente Progrem Manager
TOTHETOWN :
Greg Hall
Public Works Director
Town of Vail
1309 Elkhom Drive
Vail, CO 81657
Lorelel Donaldson
Town Clerk
IN WITNESS WHEREoF, the Parties hereto have executed this contract the day and
year first above written.
STATE OF COLORADO TOwl\ OFVAIL
BILL RITTER, JR. GOVERNOR
Stan Zrmler
Town Manrger
By:
For the Executive Director
Colorado Department of Transportation
Pamela Hutton, P.E.
Chief Engineer
ATTEST:ATTEST:
By:
By:By:
Page 3 of4 Pages
08HA300000
CDOT and the Town of Vail are entering into this Intergovemmental Agreement for the
Design and constnrction of two berm arias, East and west, on the north side of lnterstate
7O ut"uppro*i*ate Mil€,post l79-17g. The East berm will be located on CDOT right-of-
*uy *d T.u"t A and will be used solely by CDO-T. The West berm will be located on
cpor right-of-way, Tract A, and an easernent that was granted to the Tgwn of Vail
through a s€,parate agreement with the Bald Mountain Townhome Association and will be
shared between CDOT and Town of Vail.
East Phase
r cDoT will be responsible for the design and construction of the East Berm
including enviror;ental, right of way and utility clearances, traffic control, storm
watermanagsment, and interim and final seeding'
o Total fill approximately 48,000 cubic reserved solely for CDOT
oApproximatelyz0,ooocubicyardswillbeplacedbyNovember20l0tobuildan
interim berm on Tract A. See Exhibit B-2.
o The remaining volume, approximately 28, 000 cubic yards will be reserved for
CDOT to dispose material for the next 5-10 years'
r CDOT will have a MHT plan in place prior to the start of construction each year'
An operational analysis oittte ttuffic impacts caused by the MHT will be
completed each Year.r Town to assist CDOT with Town of Vail clearances and Design Review Board
and Town Council aPProval.
West Phase
. town will be responsible for the desip of the West berm including drainage'
utilities, and retaining walls. cDoT will not participate in the cost of the
retaining walls or ufility locates other than the water line relocate shown on
Exhibit B. Volume distriUution will be det€rnined during the design approval
process.
o After the west berm desigr is approved, the IGA will be reviewed and revised as
necessary to establish responsibilities.
r Town will obtain all necessaryTown of Vail and CDOT clearances' CDOT will
assist the Town with the cooT environmental, Row, and utility clearance.
r Town cannot begin construction until the design is approved by CDOT'
o FHWA will onty grant Town access across the A-Line for one construction
season. prior to pfanting approval, an operational analysis of the traffic impacts
caused by the MHT will be completed'
oAnapprovedMHTplanmustbeinplacepriortothestadofconstruction.
o At any time unsafe traffic opoations are brought to the attention of CDOT, Town
uo"ri
"grog
the A-line wlti Ue revoked until an appropriate tafEc control plan is
developed by the Town and CDOT approval is ganted'
SCOPE OF WORK
SEDIMENT CONTROL STORAGE I.7O M.P.
EXHIBIT A
17E.0 - 179.0
Page 4 of4 pages
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DR AFf EXHIBITC
PROPERTYMGMT. NO.
IGA AGREEMENT NO. OSHA3OOO
PARCEL NO.
PROPERry LOCATION: Vail. Cotorado
LEASE AGREEMENT
(Vacant Land)
THls LEASE AGREEMENT, made and entered into this _ day of , by and betweenThe Town of Vail, a Colorado home rule municipality, whose
-add6d-or prncip-d place bf business is13!9 Elkhorn Drive, Vail, Colorado 81657, hereinafter refened to as "Lessor,i, anO Tl-tg STATE OFCO-LORADO, acting by and through the DEPARTMENT OF TMNSPORTATTON hereinafter referred toas'Lessee'.
WITNESSETH:
WHEREAS, as to Lessee, authority exists in the Law and Funds have been budgeted, appropriated andotherwis€ made available and a sufficient unencumbered balance thereof remain-s availa'bie fbr payment
in Fund Number C0702-275 16288.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1. PREMISES, TERM, RENT. (A) Lessor hereby leases and demises unto Lessee the Premises.hereinafter refened to as-'Premises', being a portidn of Tract A, Vail Village 13th Filing, cont"inindapproximately 1'3 acres of land as shown on the plat attached hereto, made i part hereoiind markei"Exhibit A'.
(B) TO HAVE AND To HOLD the same, together with all appurtenances, unto Lessee, for the termqeginning May 1, 2008, and ending December 1, 2018, at and for a monthly rental of $0.00 (see
Paragraph 1I - Additional Provisions).
The Premises is to be used and occupied as a site for the construction of a Sediment Disposal Area,hereinafter referred to as the "berm", together with all other uses and activities which are ieasonable,prudent and neces-sary for the construction of said berm and for no olher purposes. payment shall bemade on the first of each month during the lerm hereof, to the Lessor at NA
Or at such place as Lessor from time to time designates by notice as provided herein, subject to thelimitations and conditions set forth in article 7, Fiscal Funding ind article 16, Federal Funding herein.
2' MAINTENANCE oF PREM|SES. Lessor shall, unless herein specified to the contrary, maintainthe.Premises.in good repair and in tenantable condition during the term of this lease, except in the event
9J dqT?Q" arising from an act or the negligence of Lessee, iii agents or employees. Lessor shall havethe right to enter the Premises at reasonabie times for the purposi of making necessary inspections andrepairs or maintenance.
3' LESSOR'S OWNERSHIP. Lessor wanants and represents itself to be the owner of, or theaulhorized representative or agent of the owner of, the leased Premises in the form and manner as statedherein, and during the term of this lease covenanls and agr€es to wanant and defend Lessee in the quiet,
peaceabls enjoyment and possession of the leased Premises. In the event of any dispute regardingLessot's ownershlc, Lessor shall imm€diat€ly, upon request from and at no cost to Lessee, furnish proof
!ltgr".f by delivering to Lessee an "Ownersirip'and En,cumbranc" lett"r;L"u€d by a property qualifiedtitle insurance company.
4' LEASE ASSIGNMENT. Lessee shall nol assign this lease and shail not sublet the demisedPremises, except to a desirable tenant for a similar use and purpose, and will not permit the use of saidPremises to anyone, olher than Lessee, its agents or emptbyies, 'jrittroui-lr'" prior rmitten consent ofLessor.
5' APPLICABLE LAW' The lana of the State of Colorado and rules and regulations issued pursuantthereto shall be applied in the interpretration, €xecution and enforcement? tt iJt""se. nni pro-"ision orthis lease, whether or not incorporated herein W r*ep1ce, urtrlch-pfi;;;;", arbihation by any exba-judicial body or person or wtrich is otheruise iri conAict
"itn ".iO
i;;il;, and r€gulations shafl beconsid€red null and void. Nothing contained in any.provision incorpoLteo nerein bi refiien"" rrri"npurpolg to negale this or any other special provision ih whole or in darrltrirr be valid'or entorceaoie oravailable in any ac'tion at law wheth€r by way of compliant, defense oi otnenrlse. Any provision renderednull and void by the operation of this prixisi6n will n6t invalidate traremaino'ei of thii iease to tn" "rt"nithat this agre€ment is capable of execution.
6' FISCAL FUNDING', (A) As prescribed by Strate of Colorado Fiscal Rutes, it is understood andagreed this lgase is dependont upon the continuing availability of funoJ beyond th€ term of the state,scurrent fiscal period ending upon the next succeed'ing June 3b, "t ir"niiir ootigations orgre-sLie Jcolorado payable after the c.Ynen! fiscal .yaar aracontingent upon runos toi thaa purpod'l;ngappropriated' budgeted, and othenrvise made available. Furiher, ute parfies recognize that the act ofappropriation is a legislative act, and the Lessee hereby covenan'ts to iate iucrr aiion-as is ;;*;;;tunder lhe laws applicabl" lo Tg Lessee to timely and property urog"i-roi-r"quest of and seek andpursue appropriation of funds of the Legislature of the Stat'e oi Coloraaiwnicn witt
'permit
t-essee io maieall paynents required under.this leaseduting the period to '"rffir ir"tr
"ppiopri"uon
shall apply. In theevent there shall be no funds made available, thii lease shall terminad? ifi"
"no
of the then cunentfiscal year, with no penalty or additional cost as a result thereof to the G;;. - '
(B) To make certain the understanding of the parties because ttris leale Gil
"*teno
bepnd th€ cunentfiscal year, Lessee and Lessor understind and intent that the obligation & iii" L".r"" to pay ihe monthlyrental hereunder constitutes a cunent expense of the Lessee p"iior" exciusivery from Lessee,s fundsand shall not in.any uray be.construed to be a general obligation'ini-oieonisr or ne S1"te of Colorado orany agency or department thereof within.the meaning of an'y provision ot Sec$ons 1,2, g,4,or S of ArticfeXl of the Colorado Constitution, or any other constituiional 6r'statutory ririt"tioo or r"quir€ment applicableto the. state. congglnlns the creation of indebtedness. Neither ttre tixJeir,-noi ne lessor on i6ffi;lf,has pledged the full faith and credit of the State, or any agency or department thereof to ne pavment-oithe charges hereunder, and this lease shall not dhedty.oiconlingent] ouitg"il the st"t" "iJ"lj "g";,;yor department thereof to appry money from, or revy or'pteoge anv-rorni ;-tal;tion to, tne pavm6ni6in6annual rental charges.(c) With Such limitation in mind, Lessee contracts lo lease the Premises herein before described andhas reason lo b€lieve that sufiicient funds will be available tor tne rJti ierm-ot rris reale.--Wl#, i;;reasons beyond Lessee's. control, Lessee's funding entity does not altocatJ funos for -ny n"*l-p"ri;beyond the one in which this lease is entered into, 6r doe! not allocate funds to continue this lease fromthe.then current.fiscal period, such failure to obtain funds not resJrting from anv act or ra1ure to act on thepart of Lessee, Lessee will not then be obligaled to make tne pavme-nis-iemaiiring oepnd Lessee,s lhencurrent fiscal period. In such event, Lessee shall notiff Lessorofsucrr non-aiiocaiion or r-0. -ov
"""iinjwritten notice thereof to the Lessor forty-five (45) days-prior to the effective date ot termination.(D) The parties hereto further unoerstand ano igree that the onty funds that have or may be soappropriated and available for paym€nt under thislease in any oni particular fiscal yrelr "rdroitt"purpose and in an amount sufficient only to pay the rental charges 'proulo"o for in Ldicle r aoove.T,hereforq, notwithstanding anything herein to'the contrary,.the payment by the Lessee-;i";y;i;;charges, liabilities, costs, guarantees, waivers, and any awirds thd.dn or ani rino pursuant to this lease
against Lessee are contingent upon funds for such purpose(s) being appropriated, budgeted and
otherwise made available through the said state of colorado legislature process.
7. COMPLETE AGREEMENT. This lease, induding all exhibits, supersedes any and all prior
written or oral agreemenF and there are no @venants, conditions or agre€ments between the parties
exc€pt as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in wriling. No subsequent novation,
renewal, addition, deletion or other amendment her€to shall have any force or efiecl unless embodied in
a witlen contract executed and approved pursuant to the State Fiscal Rules.
8. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
lease are for identification only, and shall be disregarded in any construction of the lease frovisions. Allof the terms of this lease shall inure to the benefit of and be binding upon the respective heirs,
suoc€ssors, and assigns of both the Lessor and the Lessee. lf any provision of this lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this lease shall remain in full force and effect.
9. FEDERAL FUNDING. In the evenl that any or all funds for payrnent of this lease are provided by
the Federal Government, this lease is subject to and contingent upon the continuing availability of Federit
funds for the purposes hereof, and if such funds are not made'available this leale may be unilaterally
terminated by lhe Lessee at the end of any month provided a ninety (90) day advance notice oftermination is given to lhe Lessor in rwiting.
10. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
11. NO VIOLATION OF l-AW. The signatories hereto aver lhat they are familiar with 18€-301, etseq., (Bribery and conupt lnfluences) and 18-8401, et seq., (Abuse of public office), c.R.s., as
amended, and that no violation of such provisions is present.
12. CHIEF ENGINEER'S APPROVAL. This lease shall not be deemed valid until it has been
approved by the Chief Engineer, or such assistiant as he may designate.
13. NOTICE. Any notice required or permitted by this lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the
'party at the address as hereinafterprovided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with
sufficient postage attached thereto:
LESSOR:
The Town of Vail
Aftn: Mr. Greg Hall
1309 Elkhorn Drive
Vail, Colorado 81631
LESSEE:
Colorado Department of Transportation
Attn: Ms. Marcella Broussard
15285 S. Golden Road, Building 47
Golden, Colorado 80401
Notice of change of address shall be treated as any oth€r notice.
14. HOLDING OVER. lf Lessee shall fail to vacale the Premises upon expiration or sooner
termination of this lease, Lessee shall be a month{o-month Lessee and subject to all the lavra of theState of Golorado applicable to such tenancy. The rent to be paid by Less6e during such continued
occupancy shall be the same being paid by Lessee as of the dite of Lxpiration or sooner termination.
Lessor and Less€e each hereby agree to give the other party at least thirty (30) days trrritten notice prior
to termination of this holdover tenancy.
15. LESSEE LIABILITY EXPOSURE. Notwithstanding any other provision of this lease to thec9ntrary' no term or condition of this lease shall be construed or interpreted as a waiver of any provision
of the Colorado Govemmentral lmmunity Act, 24-10-1Ol et seq., C.i.S. as now or hereafter amended.
The parties herelo understand and agree that liability for claims for injuries to peftnns or prcperty arising
out of the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials
and emplopes is controlled and limited by the provisions of 24-1G101, et seq., C.R.S., as now or
hereafter amended and 24-30-1501, et seg., C.R.S., as nor or hereafter amended. Any provision of this
lease, whether or not incorporated herein by reference, shall be conbolled, limited and otherwise modified
so as to limit any liability of the Lessee to the above cited lau6.
16. SECURITY DEPOSIT. Lesse€ shall not be required to remit a security deposit to Lessor.
17. LESSEE'S INSURANCE. Lessee shall at its sole cosl and expense, obtrain insurance on its
inventory, equipment, and all other perqonal prop€rty located on the leased Premises against loss
resulting from fire or other casualty. The Lessee shall have the right to provide such insurance under a
self-insurance program, or, at any time during the term of this lease, to provide such insurance through an
insurance company. With respec{ to general liability, the Lessor recognizes that the Lessee is self
insured for general liability in acoordanoe with the provisions of the Colorado Governmential lmmunity Act
and lhe Coforado Risk Management Act, 2+{ifi1, et seq., C.R.S., as amended.
18. LESSOR/VENDOR OFFSETS NOTICE. Pursuant to 24-30-202.4 C.R.S., (as amended), the
state controller may withhold debts owed to stiate agencies under the vendor offset intercept system for:
(a) unpaid child support debt or child support an€arages; (b) unpaid balance of trax, accrued interest, or
other charges specified in Article 21, Title 39, C.R.S., (c) unpaid loans due to the student loan division of
the department of higher education; (d) orpd amounls required to be paid to the unemployment
compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount qf
which is found to be owing as a result of final agency determination or reduced to judgement as certified
by the controller.
19. ADDITIONALPROVISIONS.
(a) The parties have ent€red into this Lease Agreement b fumll the obligations qf an
Intergovernmental Agreement mad6 between Lessor and Lessee on the _ day of20_, p€rtaining to the constniction of the berm. Construction of the berm
by Lessee shall be considered full, fair and complete rent for the Premises during the term of
this Lease.
(b) In the event Lessee p€rforms as reguired pursuant to this Lease Agreement and as part of
the consideration for lhe constuction of the berm described in the lntergovernmental
Agreeinent, Lessor agrees to give and grant to Lessee an option to extend the term of this
Lease for 5 additional )roa6, commencing on December 1,2018 and expiring on December
'l, 2023, upon the same terms and conditions qf this Lease Agreement. In order lo exercise
the option to exlend he term of this Lease, Lessee shall give written notice to Lessor of its
intention to exercise the option to extend no later than October 1, 2018.
(lf Corporation)
Attest (Seal)
lN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above writlen.
LESSOR:
(Full Legal Name)
By
(Name)
Secretary Federal Tax ldentification Number
(Lessor's signature must either have an attest if corporation or their signature must be notarized).
STATEOFCOLORADO )
)ss
)
The foregoing instrument wes subscribed and sworn to before me this _ day ol
-'
-by
Witness my hand and official seal.
My commission expires
Notary Public
Address
ATTEST:
LESSEE:
STATE OF COLORADO
Bill Ritter, Governor
Acting by and through
The Department of Transportation
By
By
COUNryOF
By
BERNHARDT K. MSMUSSEN
Chief Clerk for Right of Way
Pamela Hutton, P.E.
Chief Engineer
EXHIBIT"A"
LEASE
DATE: Aprit4, 2008
DESCRIPTION
A L€so b 0p llepartnent of rnmportron, str ot_cororedo, contelnrng gg"10g sq. fr- (2-252acres), mdo or lecr, In Seciton 3, Tayn€trip i Sogd R"r,S. s6'w;t, iiii, O-$'i,'rr*ip"rmn in Eagre counrv, cororido, rna ii"lt or iiir*r bri"s;;p"-i66y ieccrileo as
Commerclng at a point wliF,Se.rcdhigtrt of uray of lnbrstab 70 intenecb the ,rest right o,way llne or Mountarn Road (Va[ M[age, rfirtaniiFriing), henca arong sard north rigrht of uayline of Inbrstab ZO Ure lUttowtng Orel iouls"s;' -- - "'
1. Th€nco S. 81.0240. W, a dbtance of 48.29 lb€t
2. Thence S. 43o40f&1" W., a distancs ot 151,00 tsot,
3' Thence on rhe arc of a curve b the reft, a radius ot 5rq-sg.fir fa€t, a csntrar engre of 01"52,41,,a distgnco of ie2.76 feer, (a cfrord bearhs s. ss;as;li w"'l ciitil,L?ilii;b",,
b the TRUE pOtNT OF BEG|NN|NG;
1. Thence leving said rlghtolway N. 09.id30" w., a dlstance of 12i.50 lbet
2. Thence N. 30.3i ?S" W, a dlsbnce of 7g.30 bet
3. Thence N. 78.06,30'W., a dlstance of 96.30 lb€t
4' Thence s. 72os2'16'w., a dietance ot205.z6 rbet b a comer on the noihedy bondary ofTrstA, Vail Vlllage, ttrirteenth Filllng
-
5. Thence arong said boundry, s. g0'26'1y w., a distance ot 1og.2o bot
6. Thence leving sairl boundary, S. 04.1d00. E., a dictance ol l/['.22fe€t b th€ north fight ofway lhe of Inbrs0ab 70.
1Ij-".19! ?tong-=q 4g!! of lpy, on he arc of a curve q th€ rtsht a redlus o, s,8Eo.oo fs€G acontraranste of 0s'3o43'. i qbl?nE_{.qs!._68 !"( d d,ori ;il"e'il;;.ib;#;., a distanceof 565.4€ feet), mora or tess, to thc TRUE pOff,ff diEEefrrrNfrC.
The above deecfted Leas€d premises cryrbins 9g,r@ eq. fi. (2.2s2 rres), mo- or r€ss.
The purpose of ote above'decctlb€d Leased Premises ls br the congbuc0on and mahbnanco ota b€m.
Basis of Boarirgs: A[ beadngs are _ba.€d on the north dght d way line of Intorstate 70stauons i8+qland tg+t4.obelng s. at.oils,w. --! '!'"'v! t's, n'Ev' ',"s'ie'!ar!' r,