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HomeMy WebLinkAboutbocc.ord.019.2005AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE BOARD TO EXECUTE AN AMENDMENT TO ITS LEASE AND OPTION CONTRACT FOR A MID - VALLEY REFUELING FACILITY Ordinance No. 05.0/ f RECITALS WHEREAS, the Board of County Commissioners of Pitkin County is a party to that certain Lease and Option Agreement ("the Prior Agreement") between the County and Grace Church of the Roaring Fork Valley Church dated September 23, 2003 and recorded in the Pitkin County Clerk and Recorder's Office at Reception No. 488889 ("the Prior Agreement"); and WHEREAS, the Prior Agreement gives the County a right of first refusal to purchase a one -acre parcel of land on the Church property located at 1776 Emma Road; and WHEREAS, the Church and the County are desirous of amending the Agreement to extend the lease and option terms and specify a new location for "Parcel B" in the Prior Agreement; and WHEREAS, failure to approve the Amendment attached hereto as Exhibit A will require the County to exercise its right of first refusal prior to April 23, 2005, which would limit both parties' land -use planning options; and WHEREAS, the Board of County Commissioners has therefore determined that prompt action to approve the Agreement is in the best interest of the citizens of Pitkin County. NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin County that it does hereby authorize the Chair to sign the Amendment to Lease and Option Agreement in substantially the form attached hereto as Exhibit A, as approved by the County Attorney. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 13th DAY OF APRIL, 2005. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE ;10 DAY OF iy C, u lam. 2005. APPROVED UPON CONFIRMATO SEI�COND READING AND PUBLIC HEARING ON THE Al -4 TH DAY OF 2005. II II II II II III I II II II I II I II I III III 0 09688 08:409 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution #99-- Page 2 PUBLISHED AFTER ADOPTION 1�THE WEEKEND EDITION OF THE ASPEN TIMES WEEKLY ON THE 8 TH DAY OF .41'WL, 2005. MAI ATTEST: COUNTY MANAGER: Hilary S6jAh APPROVED AS TO FORM: Christopher G. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO k1 91,1211 - Patti Kay Clapp Chair Date: 05'-03-W i�un.�u�N�w�uWi1� 0.00 509688 Page: 2 of 6 05/04/2005 08:408 D 0.00 Pi Mar 17 05 05:51p Starr 970-945-2789 i rAo. ai4 s rt AMENDMENT TO LEASE AND OPTION AGREEMENT This Amendment to Lease and Option Agreement ("Amendment") is made and entered into this 1'71't day of March, 2005, by and between Grace Church of the Roaring Fork Valley, Inc. ("the Church") and the Board of County Commissioners of Pitkin County, Colorado ("the County"). RECITALS WHEREAS, the Church and the County are parties to that certain Lease and Option Agreement dated September 23, 2003, and recorded in the Pitkin County records at Reception No. 488889 ("the LOA"); and WHEREAS, the LOA gives the County both the right to lease and an option to purchase a parcel of land on the Church's property located at 1776 Emma Road; and WHEREAS, the lease and option periods expire in April of 2005; and WHEREAS, the Church and the County both wish to extend the lease and option periods set forth in the LOA in order to allow the Church and County to continue their respective land -use planning needs. NOW THEREFORE, in consideration of the sum of ten dollars ($10) paid to the Church by the County, the foregoing recitals and the covenants herein contained, and such other good and valuable consideration the sufficiency of which is hereby acknowledged, the County and the Church agree as follows: 1. Extension of Lease Period. The parties hereby agree to extend the 19 - month lease period provided for in Paragraph 2 of the LOA by another 12 months from the date of this Amendment. 2. Extension of Option Periods. The 18 -month periods referred to in Paragraph 4 of the LOA are hereby extended for an additional 11 months from the date of this Amendment. The 19 -month period referred to in Paragraph 5 of the LOA is hereby extended for an additional 12 months from the date of this Amendment. 3. Amendment of Exhibit 1. Exhibit 1 to the LOA is hereby amended as set forth in Exhibit 1 to this Amendment. 4. LOA Continues in Full Force: Recording; Binding Effect. This Amendment shall be deemed fully incorporated into the LOA, and as amended the LOA shall continue in full force and effect. The County shall record this Amendment and the attached Exhibit 1 with the Pitkin County Clerk and Recorder. Upon signature by both parties, this Amendment and the LOA as amended shall run with the land and shall be binding upon the County and the Church and upon all of their respective heirs, 11111 mI 1111111111111111111111111111111111111 SILVIA DAVIS PITKIN COUNTY CO R 0. 00 RECEIVED TIME MAR,17. 5:47PM .(/'.D': Page: 3 05/04/2005 08:40A l@//�'/ ..JJ D 0..00 p.2 13 Mar 17 05 05:51p Starr Lease and Option Agreement Between Pitkin County and Grace Church Page 2 of 3 970-945-2789 representatives, successors, and assigns. This Amendment and the LOA as amended shall not be amended or altered except in a writing signed by both parties. 5. Authority. The signatories to this Amendment warrant that they have full authority to act on behalf of and bind their respective organizations to the terms of this Agreement. DONE THIS 1-7ik DAY OF MARCH 2005: The Board of County Commissioners of Pitkin County �CJ1 y Patti Kay -Clapp &, Chair OSS -03-06' APPROVED AS TO FORM: Assistant Pitkin Coun tome STATE OF COLORADO ) )ss COUNTY OF PITKIN ) Grace Church of the Roaring Fork Valley, Inc. E. Wayne Starr, Elder- Thc:,foregoing instrument was acknowledged before me this r%ay of 2005, by/llk�t&&pts Chairman of the Board of County Commissioners o ltkin County. Witness my hand and official seal. My commission Notary Public RECEIVED TIME MAR.17. 5:47PM SrSILVIA DAVIS PITKIN COUNTY CO R 0. 00 330 94--e / e 509688 Page: 4 of 6 05/04/2005 08:408 D 0.00 z. V. .?14fl p.3 Mar 17 05 05:51p Starr 970-945-2789 p.4 Lease and Option Agreement Between Pitkin County and Grace Church Page 3 of 3 STATE OF COLORADO ) )ss 4�/d, COUNTY OF ) The foregoing instrument was acknowledged before me this zL57day of 2005, by as Elder of Grace Church of the Roaring Fork Valley, Inc. Witness my hand and official seal. My commission expires: - Z- ODS Notary Public :rw pua JODY BAEHR Lis IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIO Page: 0688 ea:aea RECEIVED TIME MAR.17. 5:47PM i 5 Mar 17 05 05:51p Starr 970-945-2789 p.5 E�lN��3iT rl �� REVISED OVERALL DEVELOPMENT PLAN ALTERNATE PTn7CIN COUNTY PUBLIC WORKS RELOCATION �� 1 PROPOSED PITKIN COUNTY tN-a 1 prOx 1 - PUBLIC WORKS RELOCATION c 1 1.0 acre r 1 GRACE CHURCH1 Parcel "B" PRIMARY FACILITY FUTURE EXPAmxm CARETAKER UNIT Er i.�..i 1. jParcel "A";�� I I I © III Hill lill 1111111111111111111 ill IIIII0 966 of 88 08:40A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 GRACE CHURCH OF THE ROARING FORK VALLEY RECEIVED TIME MAR•17. 5:47PM Carbondale ilk II II I I I� I I I I I I Mar 17 05 05:51p Starr aaiy,' Dig -o5 970-945-2789 p.2 AMENDMENT TO LEASE AND OPTION AGREEMENT This Amendment to Lease and Option Agreement ("Amendment") is made and entered into this 17f day of March, 2005, by and between Grace Church of the Roaring Fork Valley, Inc. ("the Church") and the Board of County Commissioners of Pitkin County, Colorado ("the County"). RECITALS WHEREAS, the Church and the County are parties to that certain Lease and Option Agreement dated September 23, 2003, and recorded in the Pitkin County records at Reception No. 488889 ("the LOA"); and WHEREAS, the LOA gives the County both the right to lease and an option to purchase a parcel of land on the Church's property located at 1776 Emma Road; and WHEREAS, the lease and option periods expire in April of 2005; and WHEREAS, the Church and the County both wish to extend the lease and option periods set forth in the LOA in order to allow the Church and County to continue their respective land -use planning needs. NOW THEREFORE, in consideration of the sum of ten dollars ($10) paid to the Church by the County, the foregoing recitals and the covenants herein contained, and such other good and valuable consideration the sufficiency of which is hereby acknowledged, the County and the Church agree as follows: 1. Extension of Lease Period. The parties hereby agree to extend the 19 - month lease period provided for in Paragraph 2 of the LOA by another 12 months from the date of this Amendment. 2. Extension of Option Periods. The 18 -month periods referred to in Paragraph 4 of the LOA are hereby extended for an additional 11 months from the date of this Amendment. The 19 -month period referred to in Paragraph 5 of the LOA is hereby extended for an additional 12 months from the date of this Amendment. 3. Amendment of Exhibit 1. Exhibit 1 to the LOA is hereby amended as set forth in Exhibit 1 to this Amendment. 4. LOA Continues in Full Force Recording; Binding Effect. This Amendment shall be deemed fully incorporated into the LOA, and as amended the LOA shall continue in full force and effect. The County shall record this Amendment and the attached Exhibit 1 with the Pitkin County Clerk and Recorder. Upon signature by both parties, this Amendment and the LOA as amended shall run with the land and shall be binding upon the County and the Church and upon all of their respective heirs, I IIIIII VIII IIIIII VIII IIIIII VIII VIII III VIII IIII IIII 05/04/2005 50968908:4aa SILVIA DAVIS PITKIN COUNTY CO R 0. 0 0�5 RECEIVED TIME MAR.17. 5:47PM Mar 17 05 05:51p Starr 970-945-2789 O/4 -as Lease and Option Agreement Between Pitkin County and Grace Church Page 2 of 3 representatives, successors, and assigns. This Amendment and the LOA as amended shall not be amended or altered except in a writing signed by both parties. 5. Authority. The signatories to this Amendment warrant that they have full authority to act on behalf of and bind their respective organizations to the terms of this Agreement. DONE THIS ( %J%- DAY OF MARCH 2005: The Board of County Commissioners of Pitkin County ftieft, Patti Kay -Clapp &, Chair pO APPROVED AS TO FORM: L C - --- Assistant Pitkin Coun ttomc STATE OF COLORADO ) )ss COUNTY OF PITKIN ) Grace Church of the Roaring Fork Valley, Inc. E. Wayne Starr, Elder Th foregoing instrument was acknowledged before me this 3 day of 2005, by�r -& as Chairman of the Board of County Commissioners o itldn County. Witness my hand and official seal. My commission Notary Public s 3 0 t&_d/u:.,, V, Cao Sidn 11110111111111509689 Page: 2 of 05/04/2005 008:43A RECEIVED TIME MAR.11. 5:47PM p.3 Mar 17 05 05:51p Starr 970-945-2789 p.4 /1j000 d/xt7: 6/9-05� Lease and Option Agreement Between Pitkin County and Grace Church Page 3 of 3 STATE OF COLORADO ) )ss cs��d COUNTY OF ) The foregoing instrument was acknowledged before me this day of.&YAdz 2005, by(�f /' >, as Elder of Grace Church of the Roaring Fork Valley, Inc. Witness my hand and official seal. My commission expires: ��- 00✓� Notary Public 1( PU,o_ JODY BAEHR SILVIA DAVIS PITKIN COUNTY CO R 0. 00 RECEIVED TIME MAR.11. 5:47PM 509689 Page: 3 of 4 05/04/2005 08:43A D 0.00 01. 0 Mar 17 05 05:51p Starr 970-945-2789 p.5 EXNi�3 �T l REVISED OVERALL DEVELOPMENT PLAN s ALTERNATE PrTKIN COUNTY 1 PUBLIC WORKS RELOCATION "I rox. 1 i PROPOSED PmuN COUNTY c 1 1.O acre PUBLIC WORKS RELOCAn0N 1 Parcel `B" GRACE CHURCH _ _ !' (Parcel "A" \\I PRIMARY FACIuTY 190' FUTURE EXPANSION CARETAKER UNIT FENCE71 L I 'I 1 IIIIII VIII IIIIII VIII IIIIII VIII VIII III VIII (III (III so Carbondale 509689 05/04/2005 8 08:438 SIL.VIA DAVIS PITKIN COUNTY CO R 0. 0 GRACE CHURCH OF THE ROARING FORK VALLEY RECEIVED TIME MAR.17. 5:47PM