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STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
I2O WEST THIRD STREET
P O. BOX 907
RIFLE, COLORADO AI650
THOMAS W. STUVER
RUSSELL GEORGE
TELEPHoNE 303 - 625-1847
FAX 303 - 625-4448
July 8, L992
Don DeEord
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
Re: Riverbend Public Dedications
Dear Don:
This is to foI1ow up on our telephone conversation of JuIy B I1992. I am submitting to you herewith a copy of a deedby which the County acqui-red title to a 10 acre parceladjacent to the Riverbend Subdivision. Also enclosed isa proposed lease which I have prepared for my client,Garfield School District No. Re-2, which was intended toaffect that parcel.
It is the understanding of the Distrj-ct's administrationthat this parcel was set aside as a future school site.
The District's administration has been under the erroneous
assumption that fee title to the property had been conveyedto the District in 1979.
As the lease indicates, the Rj-verbend Homeowner's Associationhas requested the District to lease the parcel to themfor recreational purposes until it is required for schoolpurposes. It appears to the Board of Education that thisis a fitting use for the property. As I indicated to you,
the property is unimproved and is "occupied" only by
sagebrush and weeds.
In order to carry out my client's intent, I am requesting
on its behalf that the Board of County Commissioners
immedj-ate1y convey the subject parcel to Garfield SchooI
District No. Re-2. If this conveyance can be completed,
the District is prepared to immediately act upon the lease
so that the Homeowners Association can initiate the
recreational use of the parcel this summer.
Don DeFord
July 8, L992
Page 2
Should the Board of County Commissj-oners not be willing
to deed the property at this time I anticipate that the
Homeowners Association will request the County to enter
into a lease for the same purposes. In such event, Garfield
School District No. Re-2 wishes your client's records to
reflect Lhat the parcel is still i-ntended for future public
school use.
Very truly yours,
STUVER & GEORGE, P.C.
TWS: ab
Enclosures
cc3 Lennard Eckhardt
Riverbend Homeowners
c/o Diane Boat
Association,
Stuver
[if{r\ F"i"
LEASE AGREEMENT
LEASE AGREEI"IENT i S
, 1992, by and between:
.IH IS
Garfield
distr ict organized
Color:ado, 839 White
Riverbend
Colorado nonpr:ofit
Colorado 8L647.
made t-hi s day of
Re-2 (District), a school
t-he laws of the State of
Color:ado 8I650; and
SchooI Distr ic E No.
and existing under
river Avenue, Rif1e,
[Iomeowner:s AssociaLion ( Association) , a
corporat-ion, 0050 Riverbend Drive, New Cast-le,
Intent and Purpose
District owns that real proper:ty described on Exhibit- A,
attached hereto and incorporated her:ein by this reference, which
real property is not ]:equired by the Distr ict for: its purposes for
the forseeable f ut.ure. Association wishes to utilize t-he property
for the purpose of constructing and mainLaining par:k and
recreational f acilities f or: t-he use of the general pubtic. A
rough plan of the development- proposed by the Association tor the
subject pr:operty is attached hereto as Exhibit B and incorporated
herein by this reference.
Ag reement
In consider:ation of requir:ed payments by Association to
Distr ict and the mut-uaI covenants and promises of the par:ties
provided herein, District and Associat-ion agree as follows:
1. Term and Rent.Distr ict her:eby Ieases to
Association and Association leases from District, for: a pr:imary
term of five (5) years, commencing on the effective date of this
Agreement, that real proper:ty descr:ibed on Exhibit A, at-t-ached
hereto and incorporated herein.
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Association shall pay to Distr:ict as rent for the
leasehold the sum of one dollar ($1.00) per annum during t.he term
of this 1ease. The first annual payment. shall be due upon the
execution of this Agreement by t.he part-ies, and thereaf t-er the
annual rent shaIl be due each successive year on t-he anniversary
date of the commencernent of the term of this }ease.
Al- 1 lease payments
addr:ess of the Distr icL set for:th
the Di str ict may f roin time to
Association.
shall be payable by mail at the
above t or such other address as
time designate in writing to
Provided that Association is not in default of this
Agreement at the expiration of the primary term, Association shall
have the option t-o renew this Agreement for one addit-ional
five-year term on the same terms and conditions.
To exercise the renewal option, Association shaII
give written notice of same to District at any t-ime during the
last year of the original term.
2. Construction of Improvements. Association shalI
have the right to construct recreat-iona1 facilities, including
baseball fields, tennis courts, basketball courts, and other
outdoor recreational facilities on t.he subject real proper:ty.
Prior: to construction of such improvements on the properLy,
Association sha1l notif y Distr: ict of its intent to commence
construction.
A11 improvements on the pr:operty madd by
Association shall become par t of the real pr:operty and, upon
ter:mination of this 1ease, shall be left in good condition on the
premises, unless ot-herwise agreed to in wr it.ing by the Distr ict.
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3. Use and Occupancy. Associat-ion shall have the
right to use, occupy and maintain the pr:operty and impr:ovements
thereto as a public park for the duration of this Agreetnent-. The
property and impr:ovements constructed thereon shalI be used
exclusively by Association for the purpose of pr:oviding facilities
for: community activities, including recreation. A11 activities
and uses of the proper ty shalt be open t-o the gener:aI publ ic,
subject to reasonable user fees and r:egulations which shall apply
equally to all members of the public.
affecting its
or al.l-ow to be
4.
Assoc iation a
the property,
and neat order
Association shaIl comply wit-h all applicable laws
use of the pr:operty. Association shall not commit
committed any nuisance or waste on t.he property.
IvIa in tenance Utilities and Assessments.
t its own cost and expense shalI keep and maintain
including any impr:ovements made, in good, sanitar:y
, condition and r:epair:.
Association shall pay alI charges f or: electric,
9ds, sewer, trashr wErter, heat or other utilit-ies used or supplied
in connection with the pr:operty.
Association shall pay any and aIl property taxes
and assessments which may be levied, assessed, charged or imposed
against the proper:ty resulting f rom Association's use of the
proper ty.
5. Liens. Associati.on
in ter:est in the proper ty f r:ee f rom
work per:formed, mater ials f urnished
the Association.
shaIl keep its leasehol-d
any liens arising out of any
r or obligations incurr'ed by
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6. Assignment. Association shall not assign, transfer
or sublet this lease or any interest therein without the prior:
written consent of Distr:ict. Any such assignment or subletting
without such consent shalI be void and shalI, at the opt-ion of
District, constitute a default- under this Agreement-.
7. Insurance. Association sha11, at its expense,
obtain and keep in force during the terms of this lease a policy
of comprehensive public liability insurance, insuring Association
and Distr ict as their: respective inter:est-s may appear against any
liability arising out of the ownership, use, occupancy or:
maintenance of proper:ty and improvements. The insurance required
hereunder shall be in an amount equal to the maximum amount-
recoverable in any single occurence from the District pursuant to
Section 24-10-114 of the Colorado Governmental Immunity Act.
8.Indemnification. Associat.ion shaIl indemnify and
hold harmless the District, its Board of Education and its
employees against and f rom any and all claims ar: ising f rom
Associationrs use of the property or the operation of public park
or recreational facilities upon the property and from and against
all costs, attorney fees, expenses and liabilities incurred in o,:
about any such claim or action or proceeding br:ought by reason of
arry such cIaim.
9. Notices. A11 notices, demands or other writ-ings
provided for in this lease to be given or: made or sent by either
party to the other: shall be deemed ful1y given or made or sent
when made in wr iting and deposited in the Unit.ed States MaiI,
certified return receipt requested, to the party at the address as
designated above. Such addr:esses may be changed f rom t-ime td t-ime
by written notice to tl-re other party.
10. Ter:minat ion by Distr: ict. In the event- t-he Distr: ict
in its sole discretion determines that the property or any portion
thereof is required to carry out the purposes of the Distr:ict,
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then the Distr:ict rdy, upon ninety (90) days written notice Lo
Association, terminate this lease, without compensat-ion of any
kind to the Association.
11. Termination by Association. In the event the
Association in its sole discr:etion determines such action
appropriate, the Association ffidy, uPon thirty (30) days written
notice to Distr ict, ter:minate this lease, leaving the premises and
improvements in good condition and repair:.
L2. Effective Date. This Agreement and the tenancy
created hereby shall take effect on day of
L992, dt which time Association shall be entitled to possession of
the property.
13. Parties Bound. The covenant-s and conditions
contained in this Lease Agr:eement shaIl apply to and bind the
successors and assigns of Distr:ict and Association.
Executed by the lawful representatives of Distr:ict and
Association at RifIe, Colorado.
LESSOR:
GARFIELD SCHOOL DISTRICT NO. RC.2
By:Presrdent, Board ot Educatlon
ATTEST:
Secre tary
Board of Education
LESSEE:
RIVERBEND HOMEOWNERS ASSOCIATION
President
ATTEST:
Secretary
By:
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srATE OF COLORADO )) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me on
this day of - , L992t bY
as prEEident an,il attestea nV as Secretary of
the Board of Education of Ga-r No' Re-2'
Witness my hand and official seal.
My commission exPires:
llotary PubIic
STATE OF COLORADO
COUNTY OF GARFIELD
thi s
QC
The for:egoing instr:ument was acknowledged before me on
day of , L992, by
as Pr:esident and attested bY as SecretarY
of the River:bend Homeowners essocfat-ion.
Witness my hand and official seal.
My commission exPires:
NoEary Public
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,,*ffi{N',*May L9, L992
, ]T)9/ Garf ield county commissioners
(\.r " 109 8th Street, #300\/ Glenwood Springs, Colorado 81601
llA'i' 2 0 tgg2
rrurtl I Y 0$;,i M tsst0t'lEt{5
RE: Riverbend Subdivision
Dear Commissioners,
First, I would like to personally thank you for addressing the needfor serious road work on County Road 335 to Riverbend subdivision.At this point, the road crews have spent about a week working onthe road and are not finished yet. King Lloyd tord me that youdecided to experiment with rimestone on our road. we are lrrhoping this solves the problems we have had with the road.
Second, I have been asked by the homeowners association to checkinto the possibility of building a smarl park on part of the 10acres dedicated to the County, adjacent to the subdivision. I haveenclosed a,-drawnqg of the subdivision showing the location of the
.gfatgated (:?hI !aqd. Please contact me about the possibility orwho I neecl-to-contact.
Thank you for your time and consideration.
Sincerely,/)^r/ I/1,[/httn11 ygcU* \-r<._
Di-ane R. Boat
0l-98 Gleneagle Circle
New Castle, Colorado 8L647
( 303 ) e84-334s
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