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Home My WebLink Aboutbocc.con.054.1981 � � ;; ..� . ' ,,'�, y . �� rz�� 4 � _ r�s��., _ _::._��...._�-_._. : _._.......�.. .. .__� .4�..a�,_�.. .�.....�.�.,�,.._...�..�.�,.,.,.....,..._._.. <�.�r f�. . :_ �..�. _ .._. ,.. ._.,.._ . . .: . �j's+ E� ,�, � , y RECORDED AT 4:44 P.M. 24 JULY, 1981 LORETTA SANN$R, RECORDER _�, _,,. ('C�� . ccr-�.�:..,. b.i1 • i�?.+ . �3�4�6 " �ooK 411 ,..�__70� RECEPTION ll LEASE FOR NONEXCLUSIVE EASEMENT CA 54(81) r THIS LEASE, made and entered into this 1st day of � June, A.D. 1981, by and between DELBERT H. GERBAZ, whose ;� address is P.O. Box 7054, Aspen Village, Aspen, Colorado 81611 (hereinaPter referred to as "lessor"), and the BOARD OF ? COUNTY COMMISSIONERS OE PITKIN COUNTY, COIARADO (hereinafter referred to as "lessee"), WITNESSETH: E 2 • WHEREAS, Zessor is the owner of an easement and right-of-way for a certain access road, which easement and - right-of-way is more particularly described in that certain instrument recorded as document No. 209726 of the Pitkin �c �; County, Colorado, records; and � jti WHEREAS, under Decision Letter dated November 16, 1977, � 'I u �� the Unzted States Department of the Interior Bureau of Land � � Management (hereinafter BLM) approved the assignment of '� � � right-of-way No. C-26091 to Ski Country Amateur Radio Club, a � � , Colorado non-profit corporation (hereinafter "the Radio €� :; Club"); and - WHEREAS, said right-of-way No, C-26091 commences at the ,'y boundary of lands owned by the lessor and does not extend to ' any public riqht-of-way; and � wHEREAS, the easement of the lessor, above described, #� �: � extends from the lands owned by the lessor•to a public � �z ; right-of-way; and �,: WHEREAS, the lessee is desirous of leasing a nonexclu- � :_^ sive right-of-way from the lessor extending from the County � Road known as Watson Divide Road to the commencement of the right-of-way No. C-26091; and I � WHEREAS, contemporaneously with the execution hereof the � Radio Club and the lessee have agreed to apply to the � 1 � � i. � _. _ +�� ;_ � �, ��.»`� S < ��j �-- _._,=�� j *;� . . ,;;��'��i� , . . . �l ti.. �s-� r� '.'i s�,�r: . s�...� _._..�r_...�::.s...r:-.�-..c:.�a-:-..:_+�- -..�..��.-��-......,.......;,,..__�......,._...>.�.....��..�....�...�<..,,..s�.or,...n........w.�.,w��...+..r�.....«,.....y-c-.� ;� ..r. k y f 1 ��t�• �:��•>.�... � - �: �=a�y;�� ;�,._�,::�'�. �` sooK 411 :�;�.:707 appropriate governmental authority to obtain approval for the � joint use of rightrof-way No. C-26091; and WHEREAS, Iessor is desirous of seeuring certain benefits , - for the Radio Club as well as for himself. i NOW, THEREFORE, for and in consideration of the cove- i • ; na�ts and agreements herein contained an8 the keeping and � performing of the same by the lessee, as hereinafter pro- l. vided, lessor hereby leases onto lessee, the nonexc2usive � ' right and privilege of utilizing, in common with the lessor � and others, that certain access road as presently constructed and in use, extending from the County Road known as Watson Divide Road to the commencement of right-of-way No. C-26901. � THB PARTIES HERETO DO FURTHER AGREE that the within � a 1 -- lease is upon the following terms and conditions: ��_ �� 1. Restricted Use. Lessee agrees that the access road F � � so leased shall be utilized only for the purpose of maintain- ing, servicing and operating lessee's television translator ,ti� equipment and related facilities located on public lands and northerly of the property owned by the lessor. Lessee shall take appropriate precautions to insure that its employees, A agents and representatives: (a) shall not utilize the access road for the purpose of hunting, trapping, fishing or camping; - (b) shall not use the access road for the purpose of transporting big game or big game carcasses (i.e. regardless of the manner of ingress to the public domain or private properties located above or in the vicinity of lessor's property, the access road shall not be utilized to transport any big game harvested); and (cj sha12, on each occassion, to the extent reasonably � practicable, provide the lessor, or lessor's repre- ' sentative, with advance notice of lessee's inten- � tion to utilize the access road. 2, Gates. It is recognized and understood that certain � locked gates are in place or may hereafter be installed by � � j i f� -2- I � � � ; .._..:_ _,....___.. _ _ __ ',r..� � . ;�� tJ�x�,�. ::,�-.�:?.� . . ... x.. „,��, _---- --- .� � �. ;� . ' . ( r ��Y��h . � _.Tf,�� . . . _ _ . A�y,��"� * ��^'��'tlw�e.��.�.w:�—'�:.�•.�v(�`.�x-+"tY a++v/..!•�ca . ..�T�.;.•.._ .:.�.:_.'' ..'..i`::: '.:��i•:.StA:.YYy4VfKi":l�!.:�8'A:�+Y!?IMH�iWT`_VeYK�:Rt�1tr:lM_ . '� + rgLi<,. 1 n��I ' 4 .r , ,��y 11 l �#.k�f_., � eooK 411 �„��708 � � the lessor. Lessor expressly reserves the right to install � gates, cattle guards and the like across the access road at ' such points as the lessor may desire. All such gates _ _- (present gates and any gates installed in the future) shall � be equipped with an appropriate dual lock system affording � � the lessor and the lessee independent access; or alterna- � tively, at lessor's option, a sfngle lock system may be � i em lo ed in which event Iessee shall be � P Y provided with ' appropriate keys. r�` i � 3. No Obstruction. Lessee shall not obstruct the ) traveled portion of the access road. To this end, lessee � j shall take appropriate precautions to insure that its � 1 employees, representatives and agents do not leave vehicles ---;� and equipment or otherwise park the same in a manner which �� ; i � would prevent or obstruct the use of the access road by other � traffic. It is understood that, during the winter months, right-of-way No. C-26091 is generally impassable by rubber tired vehicles and that the employees, agents and represen- tatives of the lessee may find it necessary to park their vehicles along the access road and proceed on foot, by snow (�;� i machine or in some other manner to the television translator site. In no event shall vehicles or equipment of the lessee : be parked or otherwise left on the access road, or at any other location on the lessor's property, which would obstruct or interfer with lessor's access to the improvements situate thereon. In no event shall equipment or vehicles be stored or otherwise permitted to remain on any part of the lessor's �� property on a Iong term basis. It is the intention of the . parties that the lessee be afforded parking privileges in � . � conjunction with its use of the access road only as a ( convenience incidental to such short term visits to the � � 1 � I � _3^ � f 1! 1 y � � �, , _ _ 'P .,.-':°"' \) "X�' i t ��-�'':..'� . . �.. 4-..==�� _ ., „ �- a:��;� h��;;�� . }� 7 �� 4'� ... _ . . ..� . . . . , . .._... ._.._.._...._----.�___ ,...,.�...._.y___—_�`- � .,., .... _., ..., .. : .. _ .. . .. . ...- . ...... . '-...:.. _. .. �7. _ .. � 'c.xc �. .. l; . . iL KN��T F : ��S nt �l� ��,�`V':;-�_"�„.`. �. . saor,��. ��.��'�d� �� : television translator site as may be required in order to � maintain, repair and operate the same. j , 4. Limited Access Bv Snow Machine. It is understood � � . __ that travel over lessor's access road by snow machine causes � the snow to become hardpacked, difficult to plow and � . generally inhibits the function of snow removal. It is, accordingly, agreed that the access road to the point of � ` commencement of right-of-way No. C-26041 shall not be trav- � • elled by snow machine at any time, and lessee shall take �4 appropriate precautions to insure the compliance o£ lessee's agents and representatives with the provisions of this para- graph. Travel along or parallel to the access road shall be � permitted, but the access road itself shall not be travelled by snow machine. �• #�' 5. Maintenance-BLM Road. It is understood, that the � � BLt� proscribes certain stipulations for the ulitization of P � the right-of-way No. C-26091 (BLM Road). Such stipulations � include requirements for the maintenance, grading and repair of the road. The Radio Club is presently responsible for such maintenance. In the event the lessee obtains from the SLM the right to utilize the right-of-way No. C-26091, � jointly with the Radio Club, this maintenance and repair obligation may be extended to or become the joint obligation of the lessee and the Radio Club. Regardless of which party or parties are responsibl.e to the public authorities for maintenance of the right-of- way, it is expressly agreed that, as between the Radio Club and the County, the County � shall, each calendar year during the term of this lease, • contribute a minimum of one day's work or the equivalent for i � _ i , a man and a grader or bulldozer towards such maintenance and � r upkeep of the road. i � � � � i -4- , � -i. . . _ .. ... .. . ..., .. ....... . .... . _ . . . .. ._. . _ :.._..... _. _ . . ... ... ..... . ... _. r x.�y�, � ._ ��`.��'� ' " �-� ,,=�,;;;.<..� , , � . � �`��rs.�.+q _ . r� ' , Q , • ��,_—�=��....._.s . ,.. ... .,...�..,..._:..:� , _ __.;__ �� . _ _._..... ..._.__._. �__ . ._ ...., _ --- �+ . i � �r!�LM1��+T. . F5F'1'�' ��ii.�k•y' tn ;. ' �",i�ls.•�'S� . �ooK�� t_��(� 6. Term. This lease shall commence on June 1, i981, and shall terminate on May 31, 1983; provided, however, that ' ' this lease shall automatically renew for saccessive two year j I' _ - terms unless terminated upon written notice, provided by � ' i either party, mailed or personally delivered to the other, i i • not less than 60 days prior to the end of the then current j I applicable term. i �. 7. Default. In the event either party should default _ in the performance of any of the terms or conditions herein contained, the nondefaulting party may provide written notice of such default to the other, and in the event the same is �: not corrected within 10 days from the date of such notice, � �.+ then at the o tion ot the nondefaultin p g party, this lease � shall be deemed terminated. The remedy o£ the ttondefaulting #�'�� party under this paragraph is in addition to any remedy t::- � L allowed by 1aw and is not intended, nor shall the same to r�: deemed as the exclusive remedy of the nondefaulting party. • :�.�;� 8. Notices. Any notice by either party to the other s; -%J; shall be in writing and shall be deemed to be duly given if ^4,;; ��i delivered personally or mailed ordinary mail postage prepaid, addressed (a) if to lessor, Delbert H. Gerbaz. P.O. 8ox 7054, '�� Aspen Village, Aspen, Co2orado 81611 and (b) if to lessee, in � ;�.. i � care of the Clerk and Recorder of Pitkin County, Colorado, j `.r�: :�;. ��;` 506 E. Main, Aspen, Colorado 81611, or at such other � ,yM;: �`y� addresses as the parties may hereinafter designate in writ- � j s; � �` ing. Notice shall be deemed to have been duly given, if ��. .�:: personally delivered, upon delivery thereof, and, if mailed, � upon one day after the mailing thereof. Personal delivery I ! i may be had on the lessor by delivering any such written i � notice to Delbert H. Gerbaz, personally. Personal delivery I � � may be had upon the lessee by deliverzng any such written + I I + • � b� -5- � '; � � � , � ' • __ _ _.. . _._ _ ._. __._..._..___ •,,,, ,.. .. . ._ ,. _�. , ..__ � . . ,;�r::,,.;;(�:s�- r::,��.;�c;;e� . rFl.�...�a 1.�.ji�..;.. _ � .,�..� �� _ , i..:iyl�.,y,'.f�r. _ . �� iH�� . �� .., . : : . � .:, .�._...�..�..:.:....:..�_�,.�_.��1� _... , . ,.. ,_ .._.... � .__..__._. ___.___.___._ __. � , h ` �' • ��'S,��! t �.il.n,;i. � - . . ��`�..... I saor,41� ��.c��. ; , I i. notice to the Clerk and Recorder of Pitkin County, Colorado ( at the office of the Pitkin County Clerk and Recorder at the ; -, Pitkin County Courthouse in Aspen, Colozado. � , ; ,_ 9. Evidence of Termination. Upon the expiration of I this lease or in the event this lease should expire or be � • terminated under any of the foregoing terms contained herein, ± then upon demand by lessor, lessee shall forthwith execate k � and deliver to lessor an appropriate written release in � • recordable form, releasing lessee's interest hereunder. 10. No Implied Waiver. No waiver expressed or implied to any breach of any one or more of the covenants or agree- ments herein contained shall be deemed or taken to be a � waiver of any succeeding or other breach. �� , ` 11. Binding Affect. This lease agreement shall extend �+ ! �� to and be binding upon and inure to the benefit of the heirs, '� personal representatives, sucessors and assigns of the par- ' ties hereto. � IN WITNESS WHEREOF, the parties hereto have herennto set their hands and seals the day and year first above written. /� - Delbert H. Gerbaz (lessor) ` ` � ,,�, �`'. �,,_a �!� � PITKIN COUNTY, COLORADO (lessee) }s. C' A�r c�� g � /� / � � Y� �/.��"!/� l/L/, ` �� ' Chairman of the Board of � � C• � "•-••" `�?� " County Commissioners ��l:�_1;:� � ATT � � � Pitkin County Clerk � 1 '1. r � ..... ..____. . . _ .,.,,.. , _...._. _ ,. , . . _ .....___ _ : .... �,,..:<, _,. _ _� �, . '�"f,. n�» :zrti�aa,:_?s,�