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HomeMy WebLinkAbout085 - 05/15/2001 - AUTHORIZING THE LEASE OF A PORTION OF RUNNING DEER NATURAL AREA TO HAGEMAN EARTH CYCLE, INC. ORDINANCE NO. 85, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF A PORTION OF RUNNING DEER NATURAL AREA TO HAGEMAN EARTH CYCLE, INC. WHEREAS,the City of Fort Collins has purchased for its Natural Areas program that certain property known as Running Deer Natural Area (the "Natural Area"), a portion of which has previously been occupied and used by Hageman Earth Cycle,Inc. ("Hageman"),for the deposit and storage of tree limbs, leaves, and other yard waste and organic materials for composting, mulching and other reuse; and WHEREAS,the City has in the acquisition of natural areas established a practice of working with pre-existing users and tenants of acquired property to smooth the transition of the property to public natural area ownership; and WHEREAS,Hageman desires to lease from the City that portion of the Natural Area shown on Exhibit `B" to the Ground Lease Agreement referenced below (the "Lease Area"), in order to continue its use of that property for the deposit and storage of tree limbs, leaves, and other yard waste and organic materials for composting, mulching and other reuse; and WHEREAS, City staff has negotiated with Hageman a proposed lease agreement which is attached hereto as Exhibit "A" and incorporated herein by this reference(the"Lease Agreement"), which provides for the lease to Hageman of the Lease Area for the uses specified therein, for an initial term of one year with four possible one-year extensions, for a monthly rental amount of $1,200 for the initial term; and WHEREAS,City staff has determined that the proposed lease to Hageman of the Lease Area will not interfere with or impair the City's intended uses of the Natural Area; and WHEREAS, City staff has also determined that the lease rate of $1,200 per month is consistent with the approximate fair market lease rate for comparable property; and WHEREAS, under Section 23-114 of the Code of the City of Fort Collins, the Council is authorized to lease any and all interests in real property owned in the name of the City,provided that Council first finds that the lease is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the lease by the City of the Lease Area to Hageman, under the terms and conditions set forth herein and in the Lease Agreement, is in the best interests of the City of Fort Collins. Section 2. That the City Manager is hereby authorized to enter into the Lease Agreement, together with such other related provisions determined necessary to protect the interests of the City by the City Manager,in consultation with the City Attorney, and is further authorized to extend the term of the same for the full potential term of five years, as provided therein. Introduced,considered favorably on first reading,and ordered published this 1 st day of May, A.D. 2001, and to be presented for final passage on the 15th day of May, A.D. 2001. Mayor ATTEST: City Clerk , Passed and adopted on final reading this 15th day of May, A.D. 2001. ayor ATTEST: A'.L"A" *^� k City Clerk [04/20/011 EXHIBIT "A" GROUND LEASE AGREEMENT THIS AGREEMENT ("the Lease"), is made and entered into this _ day of 2001, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, (the "Lessor") and Hageman Earth Cycle, Inc. (the "Lessee"). WITNESSETH: 1. The Property. The Lessor owns that certain parcel of real property located in the County of Larimer, State of Colorado, which real property is described on Exhibit "A" attached hereto and incorporated by reference together with all improvements and appurtenances thereto (the "Property"). 2. Leased Premises. In consideration of the payment of the rent herein provided for and the keeping and performance of the covenants and obligations herein set forth, the Lessor hereby leases to Lessee and Lessee leases from the Lessor that portion of the Property as shown on Exhibit "B" attached hereto and incorporated herein by this reference (the "Premises"). 3. As Is Condition of Premises. It is understood that Lessee has inspected the Premises and takes them "AS IS". Lessor shall have no obligation to make any changes, removals, or repairs of any kind. Lessee shall use the Premises only in the manner described in paragraph 7 hereof. Lessee has occupied the Premises since prior to the Lessor's ownership thereof, and the parties acknowledge and agree that all obligations of Lessee related to the condition of the Premises as set forth herein, are hereby deemed applicable to Lessee's entire occupancy of the Premises. 4. Rental Payment by Lessee. Lessee shall pay monthly , in advance, as rental for the Premises the sum of One Thousand Two-Hundred Dollars ($1,200.00) to be paid upon execution of this Lease and on or prior to the first day of each month hereafter. This rental rate shall not change for a period of one year following execution of this Lease. Lessor reserves the right to increase the amount of rent due for the Premises in accordance with fair market rental rates for comparable property if this Lease is renewed or extended beyond the initial one-year period. Billing or acceptance by Lessor of any rental shall not imply a definite term or otherwise restrict either party from canceling this Lease as provided in paragraph 5. Payment of rental specified herein is subject to a late payment charge of one and one-half percent (1.5%) per month (18% per annum), on balance past due over thirty (30) days. 5. Term. This Lease shall be for a period of one (1) year following execution. The Lease shall be renewable for up to four (4) additional one (1) year terms at Lessee's option, provided that Lessee shall provide written notice to Lessor no fewer than ninety (90) days prior to the expiration of the initial term of its exercise of this option, and provided that if Lessee has been in default under the terms of this Agreement, Lessor shall be entitled to refuse to renew this Lease. Lessee may cancel this Lease at will on thirty (30) days advance written notice, in which 1 [04/20/01] event, Lessee shall remove all personal property or improvements not owned by Lessor (regardless of their owner or source), including, without limitation, all foundations, slabs, and fences, and Lessee shall clear the Premises, including filling in and leveling any excavations, and restoring the ground to a condition satisfactory to Lessor, prior to the termination of this Lease. If Lessee fails to remove said property or improvements within the above time limit, Lessee hereby grants the Lessor the absolute right to keep, convey, destroy, or otherwise dispose of the same in any manner Lessor chooses, and, in addition, Lessee agrees to pay any net costs incurred by Lessor in doing so, within ten (10) days of receipt of Lessor's statement therefor. 6. Covenants. Upon Lessee's payment of the rent herein specified and upon Lessee's performance of the terms of this Lease, Lessee shall at all times during this Lease term peaceably and quietly enjoy the Premises without any disturbance from the Lessor or any person claiming through the Lessor except as otherwise expressly provided herein. 7. Permissible Use of the Premises. Lessee shall use and occupy the Premises for the sole and exclusive purpose of maintaining and operating thereon Hageman Earthcycle, Inc., which may include: (1) accepting organic materials from the public such as soil, grass clippings, leaves, tree branches and similar materials, and manure, (2) processing such materials by grinding, chipping, or composting into finished landscaping products, and (3) sale of landscape products. Lessee shall not accept or allow to be placed on the Premises any materials or substances other than those listed hereinabove, and shall have an affirmative obligation to prevent the deposit of any materials or substances not so permitted, including without limitation inorganic materials, any biohazards, any hazardous materials or other regulated materials or substances, any food or restaurant waste, animal carcasses, or human wastes. Lessee shall not sublease, rent or otherwise make available the Premises to third parties for possession, occupation or use. The parties acknowledge that Lessee intends to invite or permit third parties to be present on the Premises for the purpose of depositing materials in accordance with this provision. Lessee acknowledges and agrees that Lessee shall be responsible for any damage, injury or other consequence resulting from the act or omission of any such invitee, or other person present on the Premises during the term of this Lease. 8. Repairs. Maintenance, and Conduct. A. The Lessee, during the term of this Lease, shall keep and maintain the Premises, including without limitation, the grounds and landscaping in good condition . The Lessee shall maintain the Premises in a clean and orderly and safe condition, and free of litter, debris, weeds, nuisances, and any unsightly or dangerous condition as required by the ordinances, resolutions, statutes and health, sanitary and police regulations and standards of the City of Fort Collins, the County of Larimer, State of Colorado, or other governmental authority with jurisdiction over the Premises. The Lessee shall neither permit nor suffer any violation of the same or any disorderly noise or nuisance whatsoever about the Premises having any tendency to annoy or disturb any persons not on the Premises. B. Lessee shall neither commit nor permit any waste upon or of the Premises and shall notify the City promptly of any damage to the same. 2 [04/20/01 C. The Lessee shall not affix, erect or maintain on the Premises any sign or advertisement without first obtaining the Lessor's approval as to the sign or advertisement to be erected on the Premises. 9. Taxes. Assessments and Utility Charges. In the event that the Premises, or any portion thereof, shall, for any reason, be deemed subject to taxation, assessments or charges lawfully made by any governmental body, Lessee shall pay all such taxes, assessments and governmental charges when due. Lessee shall be responsible for payment of any utility services placed on the Premises by Lessee. Lessee shall be responsible for and shall pay for providing trash containers, placed on the Premises, of sufficient size to meet Lessee's reasonable needs and weekly trash removal services. 10. Insurance. Lessee shall maintain at all times during the term of this agreement a "commercial general liability" insurance policy with a Combined Single Limit of $1,000,000.00 covering its activities hereunder, which policy shall name Lessor as an additional insured. Lessee shall also maintain at all times during the term of this agreement a "commercial vehicle liability" insurance policy with a Combined Single Limit of $500,000.00 covering any vehicles used by Lessee on the Premises, and shall meet statutory requirements for the provision of worker's compensation insurance. A certificate of insurance for each of these policies shall be submitted to the City, at the time of signing of this agreement. 11. Destruction of Premises. In the case of damage to the Premises by fire, flood, or any other such casualty, whether by act of God or nature or third parties, and if the damage renders the Premises untenantable in whole or part, then, at the Lessee's option, this Lease shall cease and terminate and the rent shall be apportioned to the time of damage, provided, however, that if Lessee chooses not to terminate the Lease, Lessee shall repair the damage with reasonable dispatch and there shall be an abatement or apportionment of the rent until the damage has been repaired. In determining what constitutes reasonable dispatch, consideration will be given to delays caused by strikes, adjustment of insurance or other causes beyond the Lessee's or the Lessor's control. 12. Encumbrances. Lessee shall pay all costs and charges for work done by it or caused to be done by it, in or to the Premises and for all materials furnished in connection with such work. In no event shall Lessee be entitled to cause or permit the establishment of any lien or other encumbrance on the Premises. 13. Requirements of Law. At all times during the term of this Lease, Lessee shall observe and comply promptly with all then current laws, ordinances, resolutions, orders, covenants, restrictions, rules and regulations and standards of the federal, state and local governments, and of all courts or other governmental authorities having jurisdiction over the Premises or any portion thereof, whether the same are in force at the commencement of this Lease or are in the future passed, enacted or directed. Lessee shall require compliance with the foregoing by all invitees or licensees present on the Premises through Lessee, and shall make diligent effort to prevent the violation of any such requirements by trespassers or any other persons present on the Premises during the term of this Lease. 3 [04/20/01 14. Environmental concerns. Lessee shall not create or permit any condition on the Premises that could present a threat to human health or the environment. Lessor may at its option at any time conduct an environmental audit of the Premises, at Lessor's cost and expense, to determine if any environmental damage to the Premises has occurred during Lessee's occupancy thereof. Lessee shall pay all expenses for any further investigation or remedial action that may be required as a result of said audit to correct any environmental damage, and all necessary work shall be performed by Lessee without delay upon notice from Lessor of the need for further investigation or remediation. 15. Default by Lessor. If the Lessor shall breach any of the conditions required to be performed by the Lessor under this Lease, Lessee may elect to terminate this Lease upon giving at least thirty (30) days notice to the Lessor of its intention to so do, in which event this Lease shall terminate upon the date fixed in such notice unless the Lessor shall have meanwhile cured such default. Election by Lessee to terminate under this provision shall not be construed as a waiver of any of Lessee's rights as a non-defaulting party to such other remedies as may be available in law or equity. 16. Default by Lessee. If the rent provided for above, or any part thereof, shall be in arrears, or if default shall be made by Lessee in any of the covenants or agreements herein contained, the Lessor shall give to Lessee five (5) days notice to correct any default in the payment of rent, or to undertake performance which will cure any other default; and if said rent is not paid or cure commenced within the said five (5) day period, or if Lessee fails to diligently pursue the work thereafter required to cure such other default, it shall be lawful for the Lessor, at the Lessor's election, to declare Lessee's right of possession ended and to enter into the Premises, or any part thereof, and with process of law to expel, remove, and put out Lessee or any person or persons occupying the same, and to repossess and enjoy the Premises as in the first and former state of said Lessor, and in the event of such failure to correct said default. Lessee hereby covenants and agrees to surrender and deliver up the Premises peaceably to the Lessor immediately upon the termination of this Lease, and to remove all personal property upon such termination. If Lessee shall remain in the possession of the same after the termination thereof, Lessee shall be deemed guilty of an unlawful detainer of the Premises under the law and subject to eviction and removal. In the event Lessee fails to remove their personal property from the Premises upon termination of this Lease, Lessee hereby agrees that the Lessor shall at that time be entitled to take possession of said personal property and to dispose of the same in any manner deemed appropriate by the Lessor, in its sole discretion. 17. Lessor's Right to Enter the Premises. The Lessor, or its agents shall at all reasonable times, be permitted to enter upon the Premises, excluding the improvements, for the purpose of inspecting the Premises. 18. Assignment or Subleasing. This Lease shall not be assigned or subleased by Lessee. 19. Holding Over. If after the expiration of the term of this Lease, Lessee fails to surrender possession of the Premises, Lessee shall be deemed to be in default and subject to the default provisions set forth in Section 16, above. Any personal property on the Premises shall become the property of the Lessor if it remains on the Premises after this Lease termination. 4 [04/20/01 20. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be duly given only if delivered personally, or mailed by certified mail, return receipt requested, in a postage prepaid envelope addressed to the parties as follows: LESSEE: Roger Hageman Hageman Earthcycle Inc. 3501 1/2 East Prospect Street Fort Collins, CO 80525 LESSOR: City of Fort Collins Attention: Real Estate Services P.O. Box 580 Fort Collins, CO 80522 WITH A COPY TO: Natural Resources Director City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 The addresses hereinabove set forth may be changed by either party by giving written notice to the other party of the change of address. 21. Attorneys' Fees. In the event that either party shall default under any of the provisions of this Lease and the non-defaulting party shall commence litigation to enforce this Lease, the defaulting party shall be liable for all costs, expenses and reasonable attorneys fees incurred by the non-defaulting party concerning such litigation. 22. Indemnity: Lessee agrees to indemnify and hold harmless Lessor from any loss, damage, injury or death arising from any act or omission of Lessee, Lessee's invitees, licensees, employees, or agents, to the person or property of the parties hereto and their employees, and to the person or property of any other person or corporation while on or near the Premises. 23. No Waiver. The failure of Lessor, at any time, to assert rights pursuant to this Lease shall not constitute a waiver of the right of Lessor to make subsequent assertions of such rights. 24. Miscellaneous. A. This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Colorado. B. All obligations of the Lessor hereunder are expressly contingent upon the annual appropriation of funds sufficient to carry out the same by the City Council of the City of Fort Collins. 5 [04/20/01] C. In construing this Lease, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. D. The covenants, terms, condition, provisions and undertakings in this Lease shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto as if they were in every case named and expressed and shall be construed as covenants running with the land. Wherever reference is made to either of the parties hereto, it shall be held to include and apply also to the heirs, executors, administrators, successors, and assigns of such party as if in each and every case so expressed. E. The captions of paragraphs in this Lease are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this Lease or of any provisions herein. F. This Lease contains the entire agreement between the parties and cannot be changed or terminated orally, but only by an agreement in writing signed by the parties hereto. G. If any provisions of this Lease shall be declared invalid or unenforceable, the remainder of this Lease shall continue in full force and effect. H. The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LESSEE: By: Name: Title: 6 LESSOR: CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: John F. Fischbach, City Manager ATTEST: APPROVED AS TO FORM: City Clerk Assistant City Attorney 7 EXHIBIT "A" 1of4 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 6435725 C-2 SCHEDULE A - Continued LEGAL DESCRIPTION PARCEL I : A tract of land located in Section 21 and in the Northeast One-Quarter of Section 28, all of Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows : Beginning at a point on the South line of the NW1/4 of said Section 21, from which point the Center 1/4 Corner of said Section 21 bears South 88 degrees 26 minutes 30 seconds East, 366 . 18 feet, said point of beginning being a corner in the Southerly line of the tract of land described in Book 2132 at Page 328 of the Larimer County records; thence North 01 degrees 10 minutes 00 seconds East, following the Southerly lines of said tract, 218 .65 feet; thence South 89 degrees 46 minutes 32 seconds West, 416 . 84 feet to a Southwesterly corner of said tract and a point of curvature to the right; thence 535 . 91 feet along the arc of a curve concave Northeasterly to a point of tangency, said curve having an interior angle of 87 degrees 21 minutes 46 seconds, a radius of 351 .47 feet, a tangent length of 335 . 66 feet and a chord bearing North 46 degrees 32 minutes 35 seconds West 485 .49 feet; thence North 02 degrees 51 minutes 42 seconds West 1, 123 .45 feet to a point on a line which is parallel to and 1, 650. 00 feet distant Northerly at right angles from the South line, NW1/4; thence North 88 degrees 26 minutes 30 seconds West along said parallel line, 303 .45 feet; thence South 01 degrees 33 minutes 30 seconds West along a line at right angles to the South line, NW1/41 1, 650 . 00 feet to a point on the South line, NW1/4, said point on the South line, NW1/4 bearing South 88 degrees 26 minutes 30 seconds East, 584 . 59 feet from the NW corner of the parcel of land described in Book 1729 at Page 143 as Reception No. 169710 of the Larimer County records; thence South 88 degrees 26 minutes 30 seconds East, 817. 14 feet along the North line of the SW1/4 of said Section 21; thence South 30 degrees 53 minutes 36 seconds East 475 .46 feet to a point ort a line which is parallel to and 100 . 00 feet distant Westerly at right angles from the prolonged Easterly line of the parcel of land described in Book 1972 at Page 170 as Reception No. 318483 of the Larimer County records; thence South 01 degrees 10 minutes 00 seconds West along said parallel line 1, 491. 85 feet to a point which bears North 88 degrees 50 minutes 00 seconds West, 100 . 00 feet from the NW corner of the tract of land described in Book 2129 at Page 969 as Reception No. 424883 of the Larimer County records; thence South 22 degrees 06 minutes 17 seconds East 168 . 06 feet; thence South 01 degrees 21 minutes 57 seconds West 613 .42 feet to a point EXHIBIT "A" 2of4 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 6435725 C-2 SCHEDULE A - Continued LEGAL DESCRIPTION on the South line of the SW1/4 of said Section 21, said point bearing North 88 degrees 36 minutes 03 seconds West, 437 . 56 feet from the S1/4 corner of said Section 21; thence South 88 degrees 36 minutes 03 seconds East, 437 . 56 feet to said S1/4 corner; thence, following the last two courses of the tract of land described in Book 2129 at Page 969 as Reception No. 424883 of the Larimer County records, South 00 degrees 11 minutes 10 seconds West, 79 .12 feet; thence South 84 degrees 44 minutes 03 seconds East, 242 .49 feet to an angle point in the Southerly line of said tract; thence North of degrees 10 minutes 00 seconds East, 100 .00 feet; thence North 67 degrees 12 minutes 45 seconds West, 261. 63 feet; thence North 88 degrees 35 minutes 16 seconds West, 135 . 18 feet; thence North 43 degrees 15 minutes 00 seconds West, 285 .33 feet; thence North 03 degrees 40 minutes 45 seconds East, 420 .13 feet to a point on the Northerly line of the last mentioned tract, said point bearing South 60 degrees 46 minutes 09 seconds East, 96 . 74 feet from the NW corner of said tract; thence North 60 degrees 46 minutes 09 seconds West 96 .74 feet to said NW tract corner; thence North 01 degrees 10 minutes 00 seconds East along the prolonged Easterly line of the parcel of land described in Book 1972 at Page 170 as Reception No. 318483 of the Larimer County records, 1, 892 . 39 feet to the point of beginning. County of Larimer, State of Colorado. PARCEL II : A tract of land located in the NW1/4 of Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows : Beginning at the Center 1/4 corner of said Section 21; thence North 88 degrees 26 minutes 30 seconds West, along the South line of the NW1/4 of said Section 21, 366 . 18 feet to an angle point in the lines of the tract of land described in Book 2132 at 328 of the said Larimer County Records; thence following two courses of said tract, North 01 degrees 10 minutes 00 seconds East, 218 . 65 feet and South 89 degrees 46 minutes 32 seconds West, 416 . 84 feet to a Southwesterly corner of said tract and a point of curvature to the right; thence 535 . 91 feet along the arc of a curve concave Northeasterly to a point of tangency, said arc of curve having an interior angle of 87 degrees 21 minutes 46 seconds, a radius of 351 .47 feet, a tangent length of 335 . 66 feet and a chord bearing North 46 degrees 32 minutes 35 seconds West, 485.49 feet; EXHIBIT "A" 3of4 TRANSHATION TITLE INSURANCE COMPANY Commitment No. : 6435725 C-2 SCHEDULE A - Continued LEGAL DESCRIPTION Thence North 02 degrees 51 minutes 42 seconds West 1, 123 .45 feet to a point on a line which is parallel to and 1, 650 . 00 feet distant Northerly at right angles from the South line of the NW1/4 of said Section 21, said point being the True Point of Beginning; Thence North 88 degrees 26 minutes 30 seconds West, along said parallel line, 303 .45 feet; Thence South 01 degrees 33 minutes 30 seconds West, along a line at right angles to the South line of the NW1/4 of said Section 21, 1, 650 . 00 feet to a point on the South line of the NW1/4, said point bearing South 88 degrees 26 minutes 30 seconds East, 584 . 59 feet from the NW corner of the parcel of land described in Book 1729 at Page 143 as Reception No. 169710 of the Larimer County Records; Thence North 88 degrees 26 minutes 30 seconds West, along the South line of the NW1/4 of said Section 21, 1, 104 . 89 feet to the West 1/4 corner of said Section 21; Thence North 00 degrees 17 minutes 23 seconds East, along the West line of said NW1/4, 2, 625 .46 feet to a point on a line which is parallel to and 30 . 00 feet distant Southerly at right angles from the North line of said NW1/4; Thence South 88 degrees 14 minutes 33 seconds East, along said parallel line, 726 .74 feet; Thence South 01 degrees 45 minutes 27 seconds West, along a line at right angles to said North line of the NW1/4, 247. 00 feet to a point on a line which is parallel to and 277. 00 feet distant Southerly at right angles from the North line of said NW1/4; Thence South 88 degrees 14 minutes 33 seconds East, along the last mentioned parallel line, 740 . 60 feet to a point which bears North 01 degrees 33 minutes 30 seconds East from the True Point of Beginning; Thence South 01 degrees 33 minutes 30 seconds West, 722 . 72 feet to the True Point of Beginning. EXCEPT parcels of land conveyed by Deeds recorded December 20, 1990 as Reception No. 90058841 and April 16, 1996 as Reception No. 96026405 . County of Larimer, State of Colorado. PARCEL III : A tract of land located in the NW1/4 of Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Beginning at the Center 1/4 corner of said Section 21; Thence North 88 degrees 26 minutes 30 seconds West along the South line of the NW1/4 of said Section 21, 366 . 18 feet to an angle point in the lines of the tract of land described in Book 2132 at Page 328 of the said Larimer County Records; Thence, following two courses of said tract, North 01 degrees 10 minutes EXHIBIT "A" 4of4 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 6435725 C-2 SCHEDULE A - Continued LEGAL DESCRIPTION 00 seconds East, 218 .65 feet and South 89 degrees 46 minutes 32 seconds West, 416. 84 feet to a Southwesterly corner of said tract and a point of curvature to the right, said tract corner being the TRUE POINT OF BEGINNING; Thence 535 . 91 feet along the arc of a curve concave Northeasterly to a point of tanVency, said arc of curve having an interior angle of 87 degrees 21 minutes 46 seconds, a radius of 351.47 feet, a tangent length of 335 . 66 feet and a chord bearing North 46 degrees 32 minutes 35 seconds West, 485 .49 feet; Thence North 02 degrees 51 minutes 42 seconds West, 1, 123 .45 feet to a point on a line which is parallel to and 1, 650 . 00 feet distant Northerly at right angles from the South line of the NW1/4 of said Section 21; Thence North 01 degrees 33 minutes 30 seconds East, 722 .72 feet to a point on a line which is parallel to and 277. 00 feet distant Southerly at right angles from the North line of the NW1/4 of said Section 21; Thence South 88 degrees 14 minutes 33 seconds East, along the last mentioned parallel line, 223 . 06 feet to a point on the West line of the tract described in Book 1363 at Page 527; Thence South 03 degrees 54 minutes 33 seconds East, along said West tract line prolonged, 312 .30 feet to the SW corner of the tract described in Book 2152 at Page 243; Thence South 88 degrees 14 minutes 33 seconds East, along the South line of the last mentioned tract, 466 .69 feet to the SE corner of that tract; Thence North 89 degrees 16 minutes 57 seconds East, 311. 07 feet to the SW corner of the tract described in Book 1137 at Page 309; Thence South 88 degrees 14 minutes 33 seconds East, along the South line of the last mentioned tract, 160 . 00 feet to the SE corner of that tract, a point on the East line of the NW1/4 of said Section 21; Thence South 00 degrees 23 minutes 55 seconds West, along the East line of the said NW1/4, 612 .55 feet to the NE corner of the tract described in Book 2132 at Page 328; Thence, following two courses of the last mentioned tract, South 57 degrees 23 minutes 22 seconds West 930 .13 feet and South 00 degrees 23 minutes 55 seconds West 730 . 90 feet to the True Point of Beginning. County of Larimer, State of Colorado. EXHIBIT "B" I I 7 , "J U Prose Rd t PL Wei me ti . Cottonwood Hollow ELC Cente f ' � c to CD aIWO — 4I \ I b f I t�� j Gip nvKood I •� --; j Hold f t Running Deer 1 I Natur 1 Area ' `"` ,� °•mow} '-- � � � I nvironm ntat,;\ i Learning t� i I i enter Drake Rd LEGEND ov , i Vehicle Access \ Gate PL Parking Lot v A" Vehicle Accessible Trail \ , %� r �• ' Foot Trail Vicinity Map N Lease Area Proposed Lease Area for Hageman Earth Cycle 1" = 1000'