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Home My WebLink About75941 Reception #: 1156154 Date: 02/05/1997 Time: 818 Book: 2967 Page: 359 Chris C. Munoz Inst: RES R Fee: 5.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 1 Pueblo Co.Clk.&Rec. RESOLUTION NO. 7C;0,4 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF NATURAL RESOURCES FOR THE USE AND BENEFIT OF THE BOARD OF PARKS AND OUTDOOR RECREATION RELATING TO THE PROPERTY COMMONLY KNOWN AS THE HONOR FARM BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Lease Agreement dated April 20, 1995 between Pueblo, a Municipal Corporation and the State of Colorado Acting by and through the Department of Natural Resources for the use and Benefit of the Board of Parks and Outdoor Recreation relating to the property commonly known as the Honor Farm, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Lease Agreement in the name of the City and the City Clerk is authorized and directed to affix the seal of the City thereto and attest same. INTRODUCED APRIL 10 , 1995 B CHARLES JONES Councilperson ATTEST: APPRO D: : 44,ki A A(, h Cit Clerk President of the City Council Reception 1t: 1156152 Date: 02/05/1997 Time: 814 Book: 2967 Page: 335 Chris C. Munoz Inst: LEASE R Fee: 115.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 23 Pueblo Co.Clk. &Rec. LEASE AGREEMENT This lease entered into this 0' day of Alex It, , 1995, by and between the State of Colorado, acting by and through the Department of Natural Resources for the use and benefit of the Board of Parks and Outdoor Recreation (hereinafter. called "the State "); and the City of Pueblo, Colorado, a municipal corporation (hereinafter called "the City "). WHEREAS, the State owns 4213 acres of land more or less located in the County of Pueblo, State of Colorado, lying northwest of the City of Pueblo commonly known as the Honor Farm property, herein referred to as "the property ", more particularly identified and described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the State is responsible for providing outdoor recreation opportunities to the citizens and visitors of the State of Colorado and for protecting, preserving, enhancing, and managing those lands and waters under its jurisdiction and utilized for recreation purposes (33 -10- 101 through 33 -10 -114 C.R.S.); and WHEREAS, the State has the authority to enter into cooperative agreements with municipalities for the purpose of promoting parks and recreation programs (33- 10- 107(1)(d), C.R.S.); and WHEREAS, the State does not desire to directly control, manage, and administer said property for recreation and park purposes; and WHEREAS, the City desires to lease from the State the property herein described for the purpose of administering said property, providing and managing recreation and park programs thereon; and Pacc 1 of 17 Book: 2967 Page: 336 Chris C. Munoz Page: 2 of 23 Pueblo Co.Clk. &Rec. WHEREAS, the State desires to lease to the City said property for said purposes; NOW, therefore, in consideration of the mutual covenants and agreements set forth herein, the parties hereby agree as follows: ARTICLE I. GRANT A. The State hereby grants a lease to the City, subject to the terms and conditions herein provided, together with the right and privilege to use, administer, and manage State lands and improvements thereon, known as the Honor Farm and referred to herein as "the property ", which is described in Exhibit A, attached hereto and made a part hereof by reference. B. The State covenants it has lawful title and right to make this Lease for the term and upon the conditions contained herein, subject to leases, rights -of -way, easements, restrictions and reservations of record and those described in Exhibit B. ARTICLE II. TERM A. The term of this lease shall be for a period of twenty years from May 1, 1995 to May 1, 2015, and may be renewed for additional ten (10) year terms upon the written approval of the State. In the event the City desires to request the granting of additional terms from the State, a written request therefor must be provided to the State at least twelve (12) months prior to the end of the existing term. B. The financial obligations of the City under this lease payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Neither this lease nor any provision hereof shall be construed as creating or constituting (1) a mandatory payment obligation of the City in any fiscal year beyond a fiscal year for wliicli the City has budgeted, appropriated and otherwise made available funds for payment of any financial fare 2 of 17 Book: 2967 Page: 337 Chris C. Munoz Page: 3 of 23 Pueblo Co.Clk. &Rec. obligation of the City with respect to this lease, or (ii) a multiple - fiscal year direct or indirect debt or any financial obligation whatsoever within the meaning of Section 20(4)(b) of Article X of the State Constitution. ARTICLE III. CONSIDERATION A. City agrees to pay the State as rental for the property the sum of Two and 50 /100 (2.50) dollars per acre (4213 acres) per year during each year of the term. The number - of acres may be increased or decreased by the State pursuant to the provisions of this lease and the annual rent amount due the State will be adjusted accordingly. Said annual rent will be paid to the State on or before the first day of June of each year with the first payment due on or before June 1, 1995. Annual rent shall be proportionally reduced and unearned rent paid in advance will be promptly refunded by the State to the City as applicable in the event of termination. B. As additional consideration for rental of the property, City will donate and transfer to State one (1) 1966 Ford Pumper F850 (the "Pumper "). The Pumper is being donated and transferred to State and State accepts the Pumper "AS 1S" WITHOUT WARRANTY, EXPRESSED OR IMPLIED, AS TO FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, CONDITION, CAPACITY OR PERFORMANCE. At the time of the transfer of the Pumper to State, City will train employees of State in the use of the Pumper for firefighting purposes. At the request of State, City's fire department will respond to tires occurring in large structures or buildings beyond the firefighting capabilities of State within the State facility known as the Lake Pueblo State Park subject to and contingent upon (1) City's response will be limited to firefighting activities, (ii) first response to the fire will be by State, (iii) upon arrival at the fire, Pa €e 3 of' 17 Book: 2967 Page: 338 Chris C. Munoz Page: 4 of 23 Pueblo Co.Clk. &Rec. City's firefighters will assume control of firefighting activities, (iv) it shall be entirely within the discretion of the City to determine what personnel and equipment shall be provided, (v) City will dispatch personnel and equipment only if it is consistent with the continued safety of persons or property within City's service area, and (vi) City shall not in any manner be liable or responsible for any damage to property or injury or death to persons resulting from or in any manner caused by City's firefighting activities, delay in. response, or failure to respond. For purposes of this paragraph, "large structures or buildings" means and includes the Park Headquarters Building, brick mam- tenance shops, two existing ranger stations, and large buildings in the Rock Canyon Swim Area. ARTICLE IV. CITY OBLIGATION A. The City shall be responsible for the administration and management of all recreational uses and related purposes on the property undertaken by the City or approved and authorized by the City Council of City. The City may delegate and assign such administration and management uses and related purposes to a third -party or organization approved by the State pursuant to Article (IV)(E). B. Within thirty (30) days after the execution of this lease, City and State will meet to discuss and develop recreation and park programs for the property and shall invite a representative of Pueblo County, Colorado to participate in such discussions and planning. Tile City shall no later than December 31, 1996, submit to the State for review and approval, a management plan covering the present and future development, operation, and use of the property during the term of this lease (the "Management Plan "). The State's approval or rejection of the Management Plan shall not be unreasonably withheld and shall be deemed given if the State fails to approve or reject the Management Plan within 180 days after receipt thereof. Book: 2967 Page: 339 Chris C. Munoz Page: 5 of 23 Pueblo Co.C1k.&Rec. C. In the event the City desires to amend or modify the Management Plan it shall give prior written notice to the State describing the proposed amendments or modifications at least 90 days in advance of the date of desired approval. The amendments or modifications shall not be implemented until written approval is received from the State. Such approval shall not be unreasonably withheld and shall be deemed given if the State fails to approve or reject such modifications or amendments within 90 days after receipt thereof by the State. D. The City shall maintain the leased property and all existing improvements thereon constructed or installed by the City in their present state.of repair and condition. and.shall maintain improvements hereafter constructed or installed by the City in good condition and repair during the term of the lease and any renewal terms regardless of cause of need for maintenance and repair, except, maintenance and repairs necessitated through reasonable wear and tear, fire, casualty, acts of God, acts of third parties or organizations, or negligence of the State or its agents and employees. The City shall not commit waste upon said leased property and at the expiration of this lease, or any extensions thereof, will peaceably surrender possession to the State. If the presence of Hazardous Materials on the leased property caused by the affirmative acts of the City during the term of this lease results in contamination of the property, then the City shall indemnify, defend and hold the State harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise during or after the lease term as a result of such contamination. Tile term "affirmative acts of the City" means acts knowingly taken or performed by the City or any of its officers or employees within the scope of their employment, and excludes any act taken or performed by any third party or organization. The term "Hazardous Material" includes, without limitation, any material or substance that is (1) defined or designated as a "hazardous substance:, Page 5 of 17 Book: 2967 Page: 340 Chris C. Munoz Page: 6 of 23 Pueblo Co.Clk.&Bec. "hazardous waste" or a "regulated substance" under applicable and appropriate state or federal law; (ii) petroleum; or (iii) asbestos. The State may enter the property at any reasonable time to view the premises and examine the conditions thereof, and for any other lawful purpose necessary to enforce State laws and the provisions of this lease agreement, and to secure the State's interest in said property. The State makes no warranties or representations whatsoever with - respect to the present condition of the leased property. The City acknowledges that it has had the opportunity to inspect the leased property and agrees to take possession of the leased property in its present "as is" condition. E. Each agent, contractor, permittee or concessioner of the City using, occupying or performing work on or within the leased property (the "Indemnifying Party ") shall agree in writing as part of any contract or agreement with the City that (1) the Indemnifying Party shall comply with all applicable federal, state and local environmental and hazardous waste laws, ordinances and regulations, (ii) if the presence of Hazardous Materials on the leased property caused or permitted by the Indemnifying Party or for which the Indemnifying Party is otherwise legally obligated results in the contamination of the leased property, the Indemnifying Party shall remove and remediate the contamination, and (iii) the Indemnifying Party shall indemnify, defend and hold the City and the State harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise as a result of such contamination or failure to comply with such federal, state and local environmental and hazardous waste laws, ordinances and regulations. F. The City shall not assign or transfer any interest in this lease agreement or enter into any subordinate leases or other contracts with other parties without first receiving the prior written approval of the State, which approval shall not be unreasonably withheld and shall be deemed given Pare 6 ol' 17 Book: 2967 Page: 341 Chris C. Munoz Page: 7 of 23 Pueblo Co.Clk. &Rec. if the State fails to approve or reject such subordinate lease or management agreement within 90 days after receipt thereof by the State. ARTICLE V. FACILITIES AND IMPROVEMENTS A. The City may construct, alter, remodel and remove facilities and improvements as may be appropriate or necessary for administration and management of the uses granted, herein in conformance with those described in the Management Plan. The City shall have the right to grade, level and otherwise change the contour of the property, to disturb and remove flora, fauna, shrubs, trees and grass and to otherwise develop the property in conformity with the uses described in the Management Plan. B. All buildings or other improvements of a permanent nature that the City plans to construct on the property after the City has first received preliminary written approval from the State shall be designed by a professional engineer and said plans and construction drawings must be submitted to the State for review and written approval no less than 60 days prior to the commencement of construction of any building or improvement. If the State does not approve or reject the plans and drawings in writing within 60 days after receipt thereof by the State, the plans and drawings shall be deemed approved by the State. C. All existing improvements and improvements hereafter constructed on the property by or on behalf of the City shall be and remain the property of the City. Upon the termination or expiration of this lease, the City may remove or cause to be removed City owned improvements at its own expense within 90 days after such termination or expiration, provided, the City shall at its own expense repair damage caused by such removal. If said improvements are not removed within said 90 day period, title to the improvements shall vest in the State. If the State terminates this lease Pagc 7 of 17 Book: 2967 Page: 342 Chris C. Munoz Page: 8 of 23 Pueblo Co.Clk. &Rec. for reasons other than a breach of any lease provision by the City, then the State shall reimburse the City for all improvements constructed by or on behalf of the City which remain upon the property at fair market value as determined by actual costs at time of construction less appropriate depreciation. D. . All improvements constructed by or on behalf of the State upon the property prior to or at the time of execution of this lease and all improvements constructed thereafter in whole or in part at State expense shall be the property of the State and shall remain so vested. City shall not be responsible for the administration, management, maintenance or repair of State's improvements except those buildings presently being used by and as part of the Nature Center. The City shall not make any additions, alterations, or modifications to said improvements without the prior written approval of the State, which such approval shall not be unreasonably withheld. The State shall not install or construct improvements on the land which will interfere with the rights granted to the City under this lease or the City's use of the land without the City's prior written approval which shall not be unreasonably withheld. Within 120 days after execution hereof, the State shall identify and list State's existing improvements and facilities including their condition and provide the City with a copy thereof. Within 120 days after execution hereof, the City shall identify and list City's existing improvements and facilities and their condition and provide the State with a copy thereof. Both lists shall be attached to this lease as an addendum hereto. ARTICLE VI. ROADS A. City shall be responsible for the maintenance of all existing or future public roads, paved or unpaved, located within the property including all access points leading to said property, which City has installed or which have been authorized by the City in writing to be installed. All I'acc { of' 17 Book: 2967 Page: 343 Chris C. Munoz Page: 9 of 23 Pueblo Co.Clk. &Rec. costs of construction and maintenance of said roads shall be the responsibility of the City. B. All road construction or maintenance required by the City under VI -A. above will be conducted so as to maintain sufficient passage for a standard two -wheel drive 1/2 ton pickup truck. C. Within 120 days after execution hereof, City and State will identify and list all existing roads for which City has assumed responsibility for maintenance hereunder and attach a signed copy of the list to this lease as an addendum thereto. Neither State nor City will authorize the construction of any private roads on the property without the written approval of the other party, which approval will not be unreasonably withheld. ARTICLE VII. BOUNDARY FENCES . The City at it's own expense, will maintain and repair existing boundary line fences with standard four strand barbed wire or other similar fencing materials which secure the property boundaries of the entire property unless such fences_ are required to be installed or maintained by another entity or person. Within 120 days after execution hereof, City and State will jointly identify and list all existing fences for which City has responsibility for maintenance hereunder and attach a signed copy of the list to this lease as an addendum thereto. ARTICLE VIII. CITY'S RIGHTS A. The City shall have the exclusive concession, licensing, and contract rights for all parks and recreational uses and purposes on the property in accordance with the Management Plan approved by the State. The City may issue and administer management agreements, licenses, permits and contracts to third parties as needed or desired. All such management agreements, licenses, permits, and contracts with third- parties shall be submitted to the State for its review and Pacc 9 of 17 Book: 2967 Page: 344 Chris C. Munoz Page: 10 of 23 Pueblo Co.Clk. &Rec. approval prior to issuance by the City. State's approval shall not be unreasonably withheld and shall be deemed given if State fails to approve or reject such management agreement, license, permit or contract within 90 days after receipt thereof by the State. The term of any management agreement, license, permit, or contract shall not extend beyond the term of this lease and shall contain termination provisions similar to those as set forth in Article XIII. Termination, of this lease. State does hereby. approve the continuation and extension to December ..31 -, 1995 .of the following management agreements: (i) Modified Management Agreement dated January 25, 1993 between Pueblo, a Municipal Corporation and The Greenway and Nature Center of Pueblo, Inc. (ii) Management Agreement dated August 1, 1982 between Pueblo, a Municipal Corporation and Sky Corral R/C Club. (iii) Management Agreement dated November 25, 1974 between Pueblo, a Municipal Corporation and Pueblo Motorsports, Inc. (iv) Management Agreement dated September 1, 1977 between Pueblo, a Municipal Corporation and Pueblo West Saddle Club. B. The City shall have the right to collect and retain receipts, charges and fees derived from management agreements, passes, permits, licenses, or contracts which it issues or administers for parks and recreational purposes on the property which is described in the Management Plan approved by the State. All revenues derived by the City therefrom shall be used to maintain, improve and develop the property for park and recreational purposes. No later than December 31 of each calendar year, commencing December 31, 1995, of this lease agreement, the City shall report to the State the amount of all revenues received for the calendar year from each management ('age 10 of 17 Book: 2967 Page: 345 Chris C. Munoz Page: 11 of 23 Pueblo Co.C1k.&Rec. agreement, pass, permit, license or contract. C. To the extent permitted by law, the City shall have the right to enact and enforce such ordinances and regulations applicable to the recreational and park uses of the property as it deems necessary and desirable to protect the safety and health of persons using the property provided that the State shall be notified and input solicited prior to any final law or administrative regulation directed at the property being promulgated. ARTICLE IX. STATE RIGHTS AND RESPONSIBILITIES A. The State retains the right to renew existing rights of ways and easements for utilities, public or private roadways, and other purposes and to grant additional rights of way and easements on the property which.shall be consistent with and do not unreasonably interfere with City's use of the property hereunder, provided that if any additional right of way or easement is to be located on any of the property designated for parks or recreational use on the Management Plan approved by the State, State shall obtain City's approval, which will not be unreasonably withheld, prior to granting any such right of way or easement. B. The State agrees to notify the City of all right -of -ways and easements proposed or under consideration for other persons or agencies at least 60 days in advance of State approval so the City may comment on any adverse affects such action may have on the City's recreational use or mana of the property. ARTICLE X. DEFAULT It is agreed that if any rental payments hereunder are in default or if any of the other covenants contained herein are breached by the City, and said condition should continue for thirty (30) days after receipt by the City of written notice thereof from the State, the State shall have the Pagc I 1 of 17 Book: 2967 Page: 346 Chris C. Munoz Page: 12 of 23 Pueblo Co.Clk. &Rec. right to terminate this lease agreement and to re -enter the property and take possession of the same; provided, however, that if the default by the City relates to any covenant other than one respecting the payment of rent, then the State may not enter upon and take possession of said property or exercise any other remedy provided by law unless the City has failed within said thirty (30) days to begin in good faith to remedy the default complained of and thereafter fails to diligently pursue completion of the remedy. The State and the City expressly agree that no assent, express or implied by the State to any breach of any of the City's covenants shall be deemed to be waiver of any succeeding breach of the same or different covenant. ARTICLE XI, LIABILITY A. As to the State, the City agrees to assume the risk of all injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use thereof resulting directly or indirectly, wholly or in part, from any wrongful or negligent prosecution of any work undertaken by the City on the property or the use of the property by the City or the use of the property by others under its supervision and control for which the City may otherwise be held responsible, and to indemnify and save harmless - the State, and the employees or agents thereof, from and against any and all such liability arising therefrom except through negligence of the State or its agents and employees. B. Notwithstanding any other provision of this lease to the contrary, no term or condition of this lease shall be construed or interpreted as a waiver, either expressed or implied, of any of the immunities, rights, benefits or protection provided to either party under the Colorado Governmental Immunity Act 24 -10 -101, et seq. C.R.S., as amended or as may be amended (including, without limitation, any amendments to such statute, or under any similar statute which Page 12 of' 17 Book: 2967 Page: 347 Chris C. Munoz Page: 13 of 23 Pueblo Co.C1k.&Rec. 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 State or the City, their departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of 24 -10 -101, et seq., C.R.S., as amended or as may be amended, and 24 -30 -1501, et seq., C.R.S., as amended or as may be amended. Any provision of this lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the parties to the above cited laws. ARTICLE XII. NOTICE Any notice required or permitted herein shall be in writing and delivered personally or by U.S. mail to the address or addresses and persons set forth below: Division of Parks and Outdoor Recreation 1313 Sherman Street, Room 618 Denver, Co. 80203 Attn: Laurie A. Mathews, Director City of Pueblo I City Hall Place Pueblo, Co. 81003 Attn: Lewis Quigley, City Manager Each party reserves the right to change its address and /or the person to receive notice provided that notice of such change or changes is given in accordance herewith. Parc 13 of 17 Book: 2967 Page: 348 Chris C. Munoz Page: 14 of 23 Pueblo Co.Clk. &Rec. ARTICLE XIII. TERMINATION A. This lease may be terminated by State upon City's default pursuant to Article X. B. This lease may be terminated in its entirety at any time by either party upon 36 months prior written notice to the other party specifying the date of termination. Upon termination of this lease, all rights of the City under this lease shall cease, and the State and City shall be released from all obligations arising under this lease, except the obligations set forth-in paragraph (D) below and Article V.(C). hereof. C. The parties may by mutual agreement terminate this lease at any time as to all or part of the property. D. Separate from this lease and before its termination, in whole or in part, or its expiration, the State will without additional consideration grant an easement to the City for the City's river trail system and City utilities then located on the property. D. Notwithstanding the provisions of (A), (B) and (C) above, the State upon 60 days prior written notice to City may terminate the lease on all or any part of undeveloped property described as such in the City's approved Management Plan for the property. Upon expiration of said 60 day period, the lease shall be deemed terminated as to that portion of the property described in said notice and State and City shall be released from all rights and obligations arising under this lease with respect to such property, except City's right to an access easement across such property to other portions of the property and an easement for its river trail system and utilities which are located on or cross over such property. E. State may upon 60 days prior written notice to the City, add to and include as part of the leased property any land acquired by State which is located within or contiguous to the Page 14 of 17 Book: 2967 Page: 349 Chris C. Munoz Page: 15 of 23 Pueblo Co.Clk. &Rec. exterior boundaries of the leased property.. Any additions or deletions of property to this lease shall be accompanied by a proportionate adjustment in rent. ARTICLE XIV. BINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. ARTICLE XV. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof and supersedes any and all prior agreements and understandings whether oral or written including but not limited to the lease between the Department of Institutions and the City of Pueblo dated June 26, 1974, and any subsequent documents thereto. ARTICLE XVI. AMENDMENTS No amendment or modification of this Agreement shall be effective unless in writing and signed by all the parties hereto. ARTICLE XVII. NATURAL RESOURCES AND WATER RIGHTS A. All right, title and interest in and to all minerals, ores, sand and gravel, metals of any kind and character, coal, asphalt, oil, gas or other like substance, in, on or under the property are reserved by the State including the right of surface entry thereto and are not part of the property leased hereunder, provided, the removal, extraction, processing and stockpiling of same shall not interfere with the City's then use of the property and shall be consistent with City's use and development of the property for park and recreational purposes. B. City shall have the right to extract, remove and process sand and gravel at specific identified sites located in, on or under the property for use in the development of facilities for park Page 15 of 17 Book: 296q Page: 350 Chris C. Munoz Page: 16 of 23 Pueblo Co.C1k.&8ec• and recreational purposes on the property with prior written approval of the State and after completion of a reclamation and operations plan for such extraction, removal and processing of sand and gravel. The City may be required to pay fair market value for same as determined at the time the State gives approval for extraction. City shall annually on or before December 31 of each year submit to the State a report showing the amount of sand and.gravel used.in the development of the property and describe the manner of use and place of extraction. C. Water rights including State's shares of capital stock of the West Pueblo Ditch and Reservoir Company are reserved by the State and not part of the property leased hereunder, provided City may use such water rights for parks and recreational purposes with approval of the State. State hereby approves the use of existing water wells located on the property for park and recreational purposes. ARTICLE XVII. EMINENT DOMAIN If the property shall be taken by right of eminent domain, in whole or in part, for public purposes, the damages which may be awarded for such taking shall be apportioned between the State and City as their interest applies. ARTICLE XVIII. SPECIAL PROVISIONS A. The laws of the State of Colorado and the City of Pueblo and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this lease. In the event of any conflict between the laws of the State of Colorado and the laws of the City of Pueblo effecting the interpretation, execution and enforcement of this agreement, the laws of the State of Colorado shall apply. Any provision of this lease whether or not incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which is otherwise fare 16 of 17 t.. Book: 2967 Page: 351 Chris C. Munoz Page: 17 of 23 Pueblo Co.Clk. &Rec... in conflict with said laws and rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this lease to the extent that the lease is incapable of execution. B. This agreement is made subject to any and all leases, easements and right -of -way heretofore legally granted by the State or it's predecessors in title and described in Exhibit B. C. At all times during the performance of this lease, the parties shall adhere to all applicable federal and state laws and rules and regulations that have been or may hereafter be established. D. The signatories hereto aver that they are familiar with 18 -8 -301, et. seq.(Bribery and Corrupt Influences) and 18- 8-401, et. seq., (Abuse of Public Office) C.R.S. 1978 Replacement Vol. and that no violation of such provisions is present. E. The signatories aver that to their knowledge no State or City employee has a personal or beneficial interest whatsoever in the service or property described herein. P. Nothing in this Lease expressed or implied is intended or shall be construed to confer upon, or to give to, any person other than the City or the State any right, remedy or claim under or by reason of this Lease or any covenant, condition or stipulation hereof; and all the covenants, stipulations, promises and agreements in this Lease contained by and on behalf of the City or State shall be for the sole and exclusive benefit of the City and State. 1'agc 17 of 17 Book: 2967 Page: 352 Chris C. Munoz Page: 18 of 23 Pueblo Co.Clk. &Aec. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF PUEBLO �- resident•of City Council t STATE OF COLORADO ROY ROMER, GOVERNOR Attesi ic' . Clerk aurie A. Mathews, Ecrpeior Div. of Parks & Outdoor Recreation for the Executive Director of the Dept. of Natural Resources and on behalf of the Board of Parks and Outdoor Recreation APPROVALS City Attorney I','II Y`PAKK RR - AlloN I YCI[ rs NI 1 ;igc 19 of 17 Book; 2967 Page: 353 '- Page: 19 of Chris C. Munoz 23 Pueblo Co.Clk. &Rec. wK1790 `aLE301 EXHIBIT "A" All that certain land commonly known as the State Honor rarm property located in Sections 15, 16, 17, 16, 19., 20, 21, 27, 26, 29, 30, 32 and 33, T -20 -S, R -6S -W, and lying south of U.S. Highway 50 and north of the Arkansas River, Pueblo County, Colorado, which land.may•be described as follows: PARCEL I The E 1/2 of the SW 1/4 and the SE 1/4 of Sec. 151 all of Sec. 161 SW .1 /4. of Sec. 171 S 1/2 of Sec. 10; N 1/2, Stet 1/4, and the N 1/2 of the SE 1/4 of Sec. 191 NW 1/4, and the N 1/2 of the NE 1/4, and the SE 1/4 of the NE 1/4, and the E 1/2 of the SE 1/4, and the SW 1/4 of the SE 1/4 of Sec. 201 NW 1/4, and the E 1/2 of the Stt 1/4, and the t+ 1/2 of "the SE 1/4, and the SE 1/4 of the SE 1/4 of Sec. 211 N 112, and the NN 1/4 of the Stf 1/4 of Sec. 201 all of Sec. 29; all of Sec. 30 lying north of the relocated - D & RGti9"Railroad; the IM 1/4 of the NW 1/4, �1. )a. and the S 1/2 of the NW 1/4, and the HW 1/4 of the SW 1/4 of Sec. 32. ALSO A tract of land bounded as follows: Beginning at a stake on the southerly "right -of -way line of the Pueblo and Arkansas Valley Railroad, said stake being the north - west corner of a 2.209 acre tract of land sold by August Deitlaf to K. Sipke; running thence S20 ° -31'E to the south line of the northeast quarter of the northeast quarter of said Section 331 thence test along said south line a distance of 2725 feet, more or less, to the south- cast corner of a 5.65 acre tract of land sold by Packard to Kershaw; thence north a distance of 500 feet, more or less, to the southerly right -of -way ,line of aforesaid '.. Book: 2967 Page: 354 Chris C. Munoz Page: 20 of 23 Pueblo Co.Clk. &Rec. a�oK 170 ruz3QZ . railroad; thence in a northeasterly direction a distance of 980 feet, more or less, to the headgate of the Pueblo Water Horhs Ditch; thence south 40 feet to the south line of the right -of -way of said ditch; thence along said right - of - way to the place of beginning, all-in Section 33, Twp. 20 South, Range 6S hest, containing approximately 68.70 acres. ' ALSO' The south eleven (11) acres of the following described land: All- that part of the SE 1/4 of the SE l/4 of Sec- tion 28 and of the NE 1/4 of the HE 1/4 of Section 33, in Twp. 20 South, Range 65 West, bounded and described as follows, to -wit: beginning at a stake 475.8 feet distant and 569 ° - 30' - "tf from the NN corner of a two (2) acre " tract sold by August Deitlaf to J.H. Schultz as shown by the deed of said tract recorded in Book 88 on Page 339 of the Pueblo County records, the said point'of beginning being also the NN corner of tract sold by said Deitlaf to Charles Willworth, running thence S69•- 30' -30 "W, 446.50 feet; thence S20 29' -30 "E, 512 feet (this course being at right angles to last named course); thence N69 ° -30'- 30 "E, 446.50 feet, to the SW corner of the said Willworth tract; thence N20 °- 29' -30 "W, 512 feet along the west line of said Willworth Tract to the point of beginning, con- taining 5.25 acres, more or less. ALSO x_11 that part of "he NE 1/4 of the NE 1/4 of Section 33, Two. 24 South, Range 65 West, bounded and described as folloWa, to -fit: Beginning at a stake 922.3 feet distant ar.c! SW- 39' -30 "H fron the t:d corner of a two (2) acre tract sold by August Deltlaf to .i.H. Schultz as shown by the deed of said tract recorded in Book 88 on.Page 339 of Book: 2967 Page: 355 Chris C. Munoz Page: 21 of 23 Pueblo Co.C1k.&Rec. • = W11790 w303 the Pueblo County Records, the said point of beginning being also the Mf corner.of tract sold by Deitlaf to K. Ziepke, running thence SW- 30'- 30 "If, 186 feet; thence S20°- 29' -30 "E, 512 feet (this corner being at right angles to last named course); thence N69•- 30'- 30 "E,A86 feet to the STi corner of said Ziepke Tract; thence N20 29' -30 "N, $12 feet along the west line bf said Ziepke Tract to the ooint of beginning and containipq 2.209 acres, more or less. ALSO A tract of land beginning at a stake beinj the SW corner of - a 2.209 acre tract sold by said beitlaf to'said Ziepke, recorded in- Book 179, Page 372, Pueblo County Records, running thence S20 29'- -30 "E, a distance of 804.7 feet to a limestone set for corner; thence east along the south line of the NE 1/4 of the NE /4 of Section 33, a distance of 256.7 feet to'a sandstone corr_er, the point being the SW corner of a tract sold by- August Deitlaf to Allia• zlilcoxson;thence N3°- 30'.E, -at a distance of 970.5 feet to V the .SE corner of a 5.25 acre tract of land sold by August Deitlaf to said Ziepke; thence S69 30' -30 "11 a distance of 692.5 feet to corner No. 1 and place of beginning, contain- ing 8.653 acres nll situate,.lying and being in the NE 1/4 of the NE 1/4 of Section 33, in Twp. 20 South, Range 65 .lest. The above tract contains approximately eleven (11) PARCEL if All or Blocks 54,_55, 56, 57, 58, 59, 66, 67, 68, 69, 70 and 71; all of fractional Lots . 1 - 20, 21 - 37, Block 65; all oC Block 12, and fractional.Blocr_ 72: Lots. 23 - 23, and fractional Lots 29 - 31 in block 73, all in gent Side Addition, being a subdivision of 8 portion of Sections 27, -3- Book: 2967 Page: 356 Chris C. Munoz Page: 22 of 23 Pueblo Co.Clk. &Rec. Mx i700 rw 304 28 and 33, in T%4p. 20 South, Range 65 Hest, according to thg recorded plat of said subdivision,.containing approx- imately 36_.40 acres.. ALSO Property in Sec. 33 lying south of the County Road (Hest 11th Street) Pueblo County, Colorado, and described follows: A tract of land commencing at a point 252.6 feet east of the north quarter corner of the north line of Section 33, Twp. 20' South, Range 65 Hest, running thence West 1572.6 feet, more or less: thence SO' -45'W, 652 feet, more or less, to the northwest corner of a tract of land sold by August Deitlaf to r. Rosenflangeri thence S80' -14'E, 265 feet) thence SS' -25'E, 105 feet, to the northerly line of the right -of -way of the Pueblo and Arkansas Valley Rail- road Company; thence along said property line of said right -of -way to a point of intersection of said northerly right -of -way line with the southerly line of roadway 600 feet more or less, S8S'E from the west end of said roadway; thence M85' -0 600 feet, more less, to a points thence n 103 feet, more or less, to the place of beginning. -4- J- t Book: 2967 Page: 357 Chris C. Munoz Page: 23 of 23 Pueblo Co.Clk. &Rec. 0 . 3 18.1 1. The right -of -way appurtenant to the eastern edge of the property previously granted by the State of Colorado to the Department of Highways. 2. The leases executed between the State of Colorado and the Southern Colorado Pacific Company by which the Southern Colorado Pacific Company was granted certain easements and the use of specific land. Said specific land being the West 1/2 of the NE -1/4 of the SE -1/4 of Section 20, T. 20S, R 65W. 3. The new aligned right -of -way granted to the Denver and Rio Grande Western Railroad in Section 30, 31, 32, 29 and 28 of T. 20S, R. 65W. 4. The right -of -way granted to the Atchison, Topeka and Santa Fe Railroad in Section 15 of T. 20S, R. 65W. 5. A lease for an access road and utility right -of -way to the United States, Federal Aviation Administration in NE -1/4 of SE -1/4 of Section 20, and N -1/2 of SE -1/4 of Section 19, T. 20 S, R. 65W of the 6th P.M. Reception #: 1156153 Date: 02/05/1997 Time: 816 Book: 2967 Page: 358 Chris C. Munoz Inst: EXT AG R Fee: 5.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 1 Pueblo Co.C1k.&Rec. LEASE EXTENSION AGREEMENT This Agreement made and entered into this 15th day of December 1994, by the State of Colorado, acting by and through the Department of Natural Resources, for the use and benefit of the Division of Parks and Outdoor Recreation and Board of Parks and Outdoor Recreation, whose address is 1313 Sherman Street, Room 618, Denver, Colorado 80203, hereinafter referred to as "DPOR ", and the City of Pueblo, Colorado, a municipal corporation, whose address is 1 City Hall Place, Pueblo, CO 81003, hereinafter referred to as the "City ". WHEREAS, the State of Colorado, Department of Corrections, Division of Correctional Industries entered into a lease the 26th day of June, 1974, recorded at Book 1790 Page 290, Reception Number 477946 of the Pueblo County Clerk & Recorders Office (the "Lease ") with the City for certain lands now owned by DPOR; and WHEREAS, the term of said existing Lease expired June 30, 1994, and the first Lease Extension Agreement expires December 31, 1994, and DPOR and the City are negotiating a new lease on the property; and WHEREAS, negotiations for the new lease are not expected to be completed prior to the termination date provided for under the first Lease Extension Agreement dated August 19, 1994 and the parties hereto desire to further extend the termination date for the existing Lease to allow additional time for negotiating and executing a new lease. NOW THEREFORE, the parties hereto agree as follows: 1. The termination date of the existing Lease shall be amended to be the sooner of (i) December 31, 1995, or (ii) upon the execution by the City and DPOR of a new lease on the property. 2. Any rental payments made by the City under the existing Lease covering the period beyond June 30, 1994 shall be prorated to December 31, 1995 or to the date of execution of the new lease. In the event no payments are made under the extension of the existing Lease to cover the period beyond July 1, 1994, the State may bill and the City shall pay for that period either under the new lease or as a separate billing, at the State's option. 3. The City and DPOR agree to jointly form a committee during the time period provided under the. lease extension granted under Paragraph 1 above, for the purposes of determining the status of the Honor Farm property. The committee will finalize its recommendations no later than September 1, 1995. 4. All other provisions and agreements of the existing Lease remain in full force and effect in all other respects. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. STATE State of Colorado Roy Romer, Governor By Z 01, - A42= Laurie A. Mathews, Director Division of Parks and Outdoor Recreation for James Lochhead, Executive Director of the Department of Natural Resources And on behalf of the Colorado Board of Parks and Outdoor Recreation CITY By City Manager Title c D � O City of Pueblo OFFICE OF THE CITY MANAGER Reception #: 1156156 Date: 02/05/1997 Time: 822 Book: 2967 Page: 367 Chris C. Munoz Inst: LETTER R Fee: 15.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 3 Pueblo Co.Clk. &Rec. January 24, 1997 Gregory Monroe Real Estate Coordinator Colorado State Parks 1313 Sherman St., Room 618 Denver, Colorado 80203 Dear Mr. Monroe: This letter is in response to your letter dated January 7, 1997, regarding the lease between the City of Pueblo and the State of Colorado, Department of Natural Resources, Board of Outdoor Parks and Recreation ( "Colorado State Parks "), said lease dated April 10, 1995 (the "Honor Farm Lease "). Valco, Inc. and Transit Mix of Pueblo have requested the Honor Farm Lease be terminated on the property being conveyed by State Parks to Valco as of the date of closing on the State ParksNalco exchange. City staff has no objection to this request. Therefore, the City hereby `agrees that the effective date of termination of the Honor Farm Lease on the property to be conveyed by State Parks to Valco is the date of closing on the State ParksNalco exchange. (Said property to be released from lease described in Exhibit A.) If we can be of further assistance, please call. Sincerely, Lewis A. Quigley City Manager cc: Mark Khme, Transit Mix of Pueblo Robin Myers, Transnation Title Insurance Co. P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 584 -0800 Reception #: 1156155 Date: 02/05/1997 Tine: 820 Book: 2967 Page: 360 Chris C. Munoz Inst: LETTER R Fee: 35.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 7 Pueblo Co.Clk. &Rec. 5TATE OF COLOR.M)JO COLORADO STATE PARKS 1313 Sherman Street, Room 618 Denver, Colorado 80203 Phone (303) 866 -3437 FAX 7 Lewis Quigley, City Manager City of Pueblo 1 City Hall Place Pueblo, CO 81003 16 RE: Honor Farm lease Dear Mr. Quigley: Colorado State Parks will soon be closing on an exchange of lands with Valco, Inc. located near the Arkansas River and involving Honor Farm property. Pursuant to Article ME (D) and (E) of our lease to the City dated April 10, 1995, the State will terminate that portion of the lease on the property to be conveyed to Valco, and add to the lease (as part of the leased property) the property conveyed to the State. The property deleted from the lease and to be conveyed to Valco is generally shown on the attached map (Attachment A) and survey (Attachment B), the legal description being as described on Attachment C, with an acreage of 84.25 acres. The property added to the lease and to be conveyed to the State is generally shown on Map Attachment A and survey (Attachment B), the legal description being as described on Attachment D, with an acreage of 30.34 acres. The difference in the acreage of the properties being deleted and added results in a net loss of 53.91, rounded to 54 acres. Therefore, pursuant to Articles III and = of the lease, the rent due to the State on the Honor Farm property shall be reduced by $135.00 (54 ac @ $2.50 /ac) from the previous year's payment. The new rental amount shall begin with the June 1, 1997 payment. This amendment of the leased property shall be deemed effective sixty (60) days from the date of this letter. I can be reached @ (303) 866 -3203 x307 if you have any questions. Sincerely, 4 0- " Gregory Monroe Real Estate Coordinator cc: Mike French, Dave Giger �R 1 Roy Romer Governor James S. Lochhead Executive Director/ Department of Natural Resources Laurie A. Mathews Director/ Colorado State Parks Colorado Board of Parks and Outdoor Recreation Kathleen M. Farley Chairman Clark L. Scriven Vice Chairman Peggy E. Montano Secretary Patricia B. McClearn Member printed on recycled paper Book: 2967 Page: 368 Chris C. Munoz Page: 2 of 3 Pueblo Co.C1k.&Rec. EXIBIT A LEGAL DESCRIPTION A parcel of land located within a portion of the' S1 /2 of the NW1 / and the N1 /2 of the SW1 /4 of Section 32, Township 20 South, - Range 65 West of the 6th P.M., Pueblo County, Col.orada,.being more particularly described as follows: BEGINNING at a point on the North--South,centerline of said Section 32, from which the C1 /4 corner of Section 32 bears North 01 deg. 28 min. 41 sec. West (bearings based on the said North -South .centerline from the said C1 /4 corner monumented with.a No. 6 rebar, 30 inches long, with an aluminum cap'P.L.S. No. 16128 and the SE corner of the said N1 /2 of the SW1 /4•monumented with a 30 inch x.2 1/2 inch aluminum monument P.L.S. No. 16128 assumed to bear South 01 deg. 28 min. 41 sec. East) a distance of 180.86 feet; thence South 01 deg. 28 min. 41 sec. East along the said North - -South centerline, a distance of 1106.89 feet to the SE corner of the said N1 /2 Of the SW1 /4; thence North 89 deg. 51 min. 34 sec. West along the South line of the said N1 /2 of the SWI /4; a distance of 2644.06 feet to the SW corner of the said N1 /2 of the SW1 /4; thence North 01 deg. 01 min.. 4o sec.. West along the West line of the said N1 12 of•the SW1 /4, a distance of 375.14 feet; thence North 79 deg. 45 min. 24 sec.-East, a distance of 74.39 feet; thence along the arc of a curve to the left having a central angle of 117 deg. 42 min. 05 sec. and a radius.of 130.00 feet, 'a distance of 267.06 feet;. thence along the arc of a curve to the right whose center bears North 52 deg. 03 min. 19 sec.. East and having a.central angle of 51 deg. 59 min. 49 sec. and a radius of 200.00 feet, a distance of 181.50 feet; thence along the arc of a curve to the right whose center bears South 75 deg. 56 min. 52 sec. East and having a central angle of 18 deg. 55 Min. 13 sec. and a radius -of 800.00 feet, a distance of 264.18 feet; thence North 32 deg. 58 min. 21 sec. East, a distance of 128.12 feet; thence along the arc of a curve to the right having a central angle of 55 deg. 41 min. 21 sec.,and a radius of 1182..00 feet, a distance of 1148.86 feet; Page 1 N Book: 2967 Page: 369 Chris C. Munoz Page: 3 of 3 Pueblo Co.Clk. &Rec. EXHIBIT A continued LEGAL DESCRIPTION thence North 88 deg. 39 min. 42 sec. East, a distance of 532.57"feet; thence along the arc deg. 07 min. 12 sec. feet; thence South 44 deg. thence along the arc deg. 19 min. 44 sec. feet; thence South 78 deg. the POINT OF BEGINN1 of a curve to the right having a central angle of 47 and a radius ,of* 160.00 feet, a distance of '131.58 13 min. 06 sec. East, a distance of 556.65 feet; of a curve to the left having, a central angle of 34 and a radius of feet, a distance of 179.75 32 min. 50 sec. East, a distance of 176.30 feet to KG, County of Pueblo, State of Colorado. Page 2 TOTAL P.04 r ) 'd.'l�t��y�.:. �,,�• � y .�.r.� �y'it'' • �' • w : .• :�:•.`: '• .... ... � �f�.Mti;.�. r '�i ti+.7.: +.. �'..; ?} �' `47.i t'.•�'' ll �, y. �• .. . x•::c _. �� r �l r M!S �'=- t:.�• L:'si.+�::'arr; .yb:: •'.•,•� Ltt,•• (<.�p.:•} sl. ct. }•aYv}':Ktst�.l.!•i� f { v }'t y,,y '�j .�•L ,, lwrs !• _.._.�.,, �.� ... v l., ' 'ri ,* ti`«H' S�n•'.ai�br ;Y� ..:.F•+rw+ .� • yy.,�` y�• '!'�N !.r iii- +. r.. . j . �Rl�i. Yii 7v�''7'Prrn. .�i�lY�,$.^4.fi�•a�c�C:;C;'. • - . . ' .J� M;;• ;Yr - .i, ...�f!' • t, 1• •�Y., ..rv,� ;t "Y••.• • r •y_• I O er. U I C c , L•I I �� I I I C �• + r . i � � A 1 �, r � 1 •r I V N I 1 1 � r cc I ON I -- O to pp a J� • �r � I V t �w_ /•.R N I•A. w State land to be conveyed to Valco .— �.;�«- P LAN ;�._ -� VALCO. INC. ''•'•� • � .r �� t � ' �� ROCKY FORD COLOR4 . "�: Y wR•u swn. r.vc.ns • f TITLE RUE 'AR Va1C0 land to be wEtT FuE81A 'AREA conveyed to' the State ►E*[RStx suRVeYwo. w rc Wa ••r•C F TRANSNATION TITLE INSURANCE COMPANY Book: 2967 Page: 362 Chris C. Munoz Commitment No.: 7560077 C -2 Page: 3 of 7 Pueblo Co.C1k.&Rec. SCHEDULE A - Continued LEGAL DESCRIPTION A parcel of land located within a portion of the S1 /2 of the NW1 /4 and the N1 /2 of the SW1 /4 of Section 32, Township 20 South, Range 65 West of the 6th P.M., Pueblo County, Colorado, being more particularly described as follows: BEGINNING at a point on the North -South centerline of said Section 32, from which the C1 /4 corner of Section 32 bears North 01 deg. 28 min. 41 sec. West (bearings based on the said North -South centerline from the said C1 /4 corner monumented with a No. 6 rebar, 30 inches long, with an aluminum cap P.L.S. No. 16128 and the SE corner of the said N1 /2 of the SW1 /4 monumented with a 30 inch x 2 1/2 inch aluminum monument P.L.S. No. 16128 assumed to bear South 01 deg. 28 min. 41 sec. fast) a distance of 180.86 feet; thence South 01 deg. 28 min. 41 sec. East along the said North -South centerline, a distance of 1106.89 feet to the SE corner of the said N1 /2 of the SW1 /4; thence North 89 deg. 51 min. 34 sec. West along the South line of the said N1 /2 of the SW1 /4, a distance of 2644.06 feet to the SW corner of the said N1 /2 of the SW1 /4; thence North 01 deg. 01 min. 40 sec. West along the West line of the said N1 /2 of the SW1 /4, a distance of 375.14 feet; thence North 79 deg. 45 min. 24 sec. East, a distance of 74.39 feet; thence along the arc of a curve to the left having a central angle of 117 deg. 42 min. 05 sec. and a radius of 130.00 feet, a distance of 267.06 feet; thence along the arc deg. 03 min. 19 sec. 49 sec. and a radius thence along the arc deg. 56 min. 52 sec. 13 sec. and a radius thence North 32 deg. thence along the arc deg. 41 min. 21 sec. feet; of a curve to the right whose center bears North 52 East and having .a. central angle of 51 deg. 59 min. of 200.00 feet, a distance of 181.50 feet; of a curve to the right whose center bears South 75 East and having a central angle of 18 deg. 55 min. of 800.00 feet, a distance of 264.18 feet; 58 min. 21 sec. East, a distance of 128.12 feet; of a curve to the right having a central angle of 55 and a radius of 1182.00 feet, a distance of 1148.86 Page 2 Commitment No.: TRANSNATION TITLE INSURANCE COMPANY Book: 2967 Page: 363 Chris C. Munoz 7560077 C -2 Page: 4 of 7 Pueblo Co.Clk. &Rec. SCHEDULE A — Continued LEGAL DESCRIPTION thence North 88 deg. 39 min. 42 sec. East, a distance of 532.57 feet; thence along the arc of a curve to the right having a central angle of 47 deg. 07 min. 12 sec. and a radius of 160.00 feet, a distance of 131.58 feet; thence South 44 deg. 13 min. 06 sec. East, a distance of 556.65 feet; thence along the arc of a curve to the left having .a central angle of 34 deg. 19 min. 44 sec. and a radius of 300.00 feet, a.distance of 179.75 feet; thence South 78 deg. 32 min. 50 sec. East, a distance of 176.30 feet to the POINT OF BEGINNING, County of Pueblo, State of Colorado. Page 3 A44t4men4 D TRANSNATION TITLE INSURANCE COMPANY Book: 2967 Page: 364 Chris C. Munoz Commitment No.: 7560078 C -3 Page: 5 of 7 Pueblo Co.C1k.&Rec. SCHEDULE A - Continued LEGAL DESCRIPTION A parcel of land located within a portion of the N1 /2 of the SE1 /4 and the SE1 /4 of the NE1 /4 of Section 32, and a portion of the S1 /2 of the NW1 /4 of Section 33, Township 20 South, Range 65 West of the 6th P.M., Pueblo County, Colorado, more particularly described as follows: BEGINNING at a point on the North -South centerline of said Section 32, from which the C1 /4 corner of said Section 32 bears North 01 deg. 28 min. 41 sec. West (bearings based on the said North -South centerline from the said C1 /4 corner monumented with a No.6 rebar, 30 inches long, with an aluminum cap P.L.S. No. 16128 and the SW corner of the said N1 /2 of the SE 114 monumented with a 30 inch x 2 1/2 inch aluminum monument P.L.S. No. 16128 assumed to bear South 01 deg. 28 min. 41 sec. East) a distance of 130.13 feet; thence along the Southerly right -of -way line of an existing road the following ten (10) courses: 1) -along the are of a curve to the right whose center bears South 15 deg.: 44 min. 11 sec. West and having.a .central angle of 5 deg. 20 min. 39 sec. and a radius of 1100.00 feet, a distance of 102.60 feet; 2) thence along the arc of a curve to the left whose center bears North 21 deg. 04 min. 50 sec. West and having a central angle 29 deg. 36 mina 44 sec. and a radius of 370.00 feet, a distance of' 191 - .23 feet; 3) thence along the arc of a curve to the right whose center bears South 08 deg. 31 min. 54 sec. East and having a.central angle of 3O deg. 47 min. 55 sec. and a radius of 680.00 feet, a distance of .365.53 feet; 4) thence South -67 deg. 43 min. 59'sec. Ea a distance of 81.06 - feet; 5) thence along the arc of a curve to the left having a central angle of 53 deg. 33 min. 01 sec. and a radius.of 570.00 feet, a distance of 532.74 feet; 6) thence North 58 deg. 43 min. 00 sec. East, a distance of 116.26 feet; 7) thence along the arc of a curve to the left having a central angle of 18 deg. 08 min. 25 sec. and a radius of 420.00 feet, a distance of 132.98 feet; 8) thence along the arc of a curve to the right whose center bears South 49 deg. 25 min. 25 sec. East and having a central angle of 18 deg. 21 min. 53 sec. and a radius of 880.00 feet, a distance of 282.06 feet; Page 2 • Book: 2967 Page: 365 Chris C. Munoz Page: 6 of 7 Pueblo Co.Clk. &Rec. TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 7560078 C -3 SCHEDULE A - Continued LEGAL DESCRIPTION 9) thence along the arc of a curve to the left whose center bears North 31 deg. 03 min. 32 sec. West and having a central angle of 9 deg. 07 min. 38 sec. and a radius of 1020.00 feet, a distance of 162.49 feet; 10) thence North 49 deg. 48 min. 50 sec. East a distance of 39.92 feet to a point on the Northwesterly right -of -way line of the Pueblo and Arkansas Valley Railroad Company; thence along the said Northwesterly right -of -way line the following five (5) courses: 1) North 54 deg. 46 min. 23 sec. East, a distance of 420.00 feet; 2) thence North 36 deg. 26 min. 23 sec. East, a distance of 150.00 feet; 3) thence North 44 deg. 26 min. 23 sec. East, a distance of 300.00 feet; 4) thence North 31 deg. 46 min. 23 sec. East, a distance of 200.00 feet; 5) thence North 54 deg. 26 min. 23 sec. East, a distance of 500.00 feet; thence North -89 deg.. 50 min. 22 sec. East along the North line of the said S1 /2 of the- NW1 /4, a distance of 1078.38 feet to"a point on the Easterly bank of the Arkansas River;_. thence. Southerly and Westerly along the said Easterly bank and Southerly bank of the Arkansas River the following. twelve (12) courses: 1) South 14 deg. 56 - min. 43 sec. West, a distance of 179.09 feet; 2) thence South 17 deg. 11 min. 33 sec. West, a distance of 73.24 feet; 3) thence South 31 deg. 31 min. 39 sec. West, a distance of 77.02 feet; 4) thence South 37 deg. 26 min. 12 sec. West, a distance of 132.52 feet; 5) thence South 54 deg. 06 min. 35 sec. West, a distance of 79.11 feet; 6) thence South 55 deg. 56 min. 22 sec. West, a distance of 72.40 feet; 7) thence North 89 deg. 13 min. 34 sec. West, a distance of 65.97 feet; 8) thence South 79 deg. 34 min. 52 sec. West, a distance of 26.16 feet; 9) thence South 84 deg. 57 min. 55 sec. West, a distance of 241.66 feet; It Page 3 TRANSNATION TITLE INSURANCE COMPANY Book: 2967 Page: 366 Chris C. Munoz Commitment No.: 7560078 C -3 Page: 7 of 7 Pueblo Co.Clk. &Rec. SCHEDULE A - Continued LEGAL DESCRIPTION 10) thence South 83 deg. 01 min. 42 sec. West, a distance of 222.31 feet; 11) thence South 76 deg. 55 min. 56 sec. West, a distance of 261.27 feet; 12) thence South 82 deg. 48 min. 19 sec. West, a distance of 129.00 feet; thence South 74 deg. 45 min. 50 sec. West, a distance of 315.44 feet; thence South 44 deg. 26 min. 23 sec. West, a distance of 136.01 feet; thence South 36 deg. 26 min. 23 sec. West, a distance of 168.29 feet; thence South 54 deg. 46 min. 23 sec. West, a distance of 443.61 feet; thence South 49 deg. 48 min. 50 sec. West, a distance of 31.26 feet; thence along the arc of a curve to the right having a central angle of 9 deg. 07 min. 38 sec. and a radius of 1220.00 feet, a distance of 194.35 feet; thence along the arc of a curve to the left whose center bears South 31 deg. 03 min. 32 sec. East and having a central angle of 18 deg. 21 min. 53 sec. and a radius of 680.00 feet, a distance of 217.96 feet;thence along the arc of a curve to the right whose center bears North 49 deg. 25 min. 25 sec. West and having a central angle of 18-deg. 08 min. 25 sec. and a radius of 620.00 feet, a distance of 196.30 feet; thence South 58 deg. 43 min. 00 sec. West, a distance of 116.26 feet; thence along the arc of a curve to the right having a central angle of 53 deg. 33 min. 01 sec. and a.radius of 770.00 feet, a distance of 719.66 feet; thence North 67 deg. 43 min. 59 sec. West, a distance of 81:06 : feet; thence along the arc of a to the left having a central. angle of 30 deg. 47 min. 55 sec. and radius of 480.00 feet, a distance of 258.02 feet; thence along the arc of a curve to the right whose center bears North 08 deg. 31 min. 54 sec. West and having a central angle of 29 deg. 36 min. 44 sec. and a radius of 570.00 feet, a distance of 294.59 feet; thence along the arc of a curve to the left whose center bears South 21 deg. 04 min. 50 sec. West and having a central angle of 1 deg. 21 min. 11 sec. and a radius of 900.00 feet, a distance of 21.25 feet to a point on the said North -South centerline of said Section 32; thence North 01 deg. 28 min. 41 sec. West along the said North -South centerline, a distance of 211.66 feet to the POINT OF BEGINNING, County of Pueblo, State of Colorado. Page 4