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HomeMy WebLinkAboutbocc.ord.009.2015 (��f AM,RECEPTION#: 620215, 05/28/2015 at ? RACT l / ✓ / / 09:50:08 A , '� 1 OF 37, R $0.00 Doc Code ORDINANCE L 4.1-4-6-6i O ) Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO AUTHORIZING AGRICULTURAL LEASES ON THE GLASSIER OPEN SPACE ORDINANCE NO. GDS( -2015 1. The Voters of Pitkin County and the Board of County Commissioners of Pitkin County (BOCC)established an Open Space and Trails Fund for the purposes of acquiring, preserving, managing, and maintaining open space and trails assets and resources, and established an Open Space and Trails Board of Trustees(OSTB)to guide the expenditure of those funds. 2. The Open Space and Trails Program(OST) is charged with protecting agriculture, open space,habitat, scenic view planes,water rights and river access. 3. The Glassier Open Space is comprised of Red Ridge Ranch, acquired by OST in 2013, and Fred L. and Freda L. Glassier Ranch,acquired by OST in 2014. The Property was acquired to preserve the agricultural, scenic,wildlife,and recreational values of the Property. 4. An Agricultural Lease Bid Process was adopted by the OSTB on October 7,2014 to implement the County's Procurement Code and guide OST staff in selecting appropriate tenants to manage and lease OST agricultural properties. 5. The Procurement Code requires BOCC approval pursuant to an Ordinance for the leasing of any Pitkin County property for more than one year. 6. The Glassier Open Space Management Plan was adopted January 8,2015 and identifies six agricultural lease areas,A through F,to be made available for leasing by agricultural producers. 7. A procurement selection team comprised of Open Space Department staff have determined that multi-year leases will best encourage wise stewardship of these agricultural lands. 8. On March 5,2015,the OSTB recommended that the BOCC approve the proposed lessees for the Glassier Open Space agricultural lease areas. NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1. The following applicants obtain an agricultural lease on the Glassier Open Space; a. Lease Area A: %2 AS Ranch,Land and Cattle LLC,managed by Alec Parker, for an annual lease rate of$450.00 for five years with a two year extension if crop rotation is undertaken within two years of execution of the lease. b. Lease Area B: Rory Cerise for an annual lease rate of$1,742.70 for five years. 1 c. Lease Area C: Rory Cerise and the Glassier Agricultural Co-operative for an annual lease rate of$190.50 for five years. d. Lease Area D and E: The Glassier Agricultural Co-operative for an annual lease rate of$93.50 for ten years. e. Lease Area F: Aspen Center for Environmental Studies and Natalie and Michael Carricarte for an annual lease rate of$75.00 for ten years. 2. Upon approval of the agricultural leases by the Open Space and Trails Director and County Attorney,the Chair is authorized to execute the leases in substantially the form attached hereto. INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE 11th DAY OF MARCH,2015. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 3 -f 9- ,2015. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE ad OFFICIAL ZITICIN COUNTY WEBSITE (www.pitkincountv.com) ON THE /3 DAY OF i Gc.L 2015. ADOP1MI AFTER FINAL READING AND PUBLIC HEARING ON THE "5 DAY OF / /( (ti.y-e..L 2015. PUBLISHED BY TITLE AND SHORT SUMMARY, ER ADOPTION,IN THE ASPEN TIMES WEEKLY ON THE 9-14 DAY OF r 2015. POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.uitkincountv.com)ON THE %TDAY OF M044, 2015. SIGNATURE PAGE FOLLOWS 2 ATTEST: BOARD OF COUNTY COMMISSIONERS E Caei Jean I a Jones / Steven F. Child, Chair Dep ' County Clerk Date: 3/1...51.7._t/5 APPROVED AS TO FORM: MANAGER APPROVAL 4111111111111 . c=v) . John Ely • • - on Peacock, ounty Manager I �J ,,. Da e t i 1,Director Open Space and Trails lYP/X4A, ,r X f-2 '/5 3 f---(ki / 4 ONTRACT#/,q3.-A-175. AGRICULTURAL LAND LEASE This lease is entered into this/3day of 14-p U ( , 2015 by and between the Board of County Commissioners of Pitkin County, Colorado,hereinafter"Landlord"or"County", and 1/2 AS Ranch, Land and Cattle LLC, 0794 Hooks Spur Road, Basalt, Colorado 81621, hereinafter"Tenant". Now therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purpose and Intent. Landlord and Tenant intend that the property, all appurtenances, water rights, easements and improvements be used for active agricultural production. Agricultural production shall continue during the entire term of the lease without interruption,consistent with accepted agricultural practices and the agriculture production plan for the property proposed by Tenant and accepted by Landlord, in writing, and made part of this lease. 2. Leased Property. Landlord in consideration of the terms contained herein leases to the Tenant,pursuant to the attached Annual Operating Plan,the following described real property: Lease A of the Glassier Open Space, together with all appurtenant water rights, consisting of the following: 23,500 shares of Home Supply Ditch Company water representing 2.35 Cubic Feet per Second of direct flow from the Home Supply Ditch, easements and improvements ("Property"). The Property, 'existing improvements, and irrigation flows are generally depicted and attached hereto on Exhibit A. 3. Lease Term. Unless earlier terminated by operation of this lease, the lease term shall be in effect as of the date the lease is entered above, to December 31, 2019. This lease shall not be renewed or extended except through express written amendment to this lease. Tenant is expressly prohibited from holding over beyond the expiration of the lease term without express written permission of Landlord. a) Two-Year Option. Tenant has expressed an interest in rotating portions of the agricultural fields from grass hay to other suitable agricultural crops. If appropriate crop rotational practices are incorporated within the initial Annual Operating Plan within two years of execution of this Lease in a manner consistent with recommended practices of Colorado State University Extension Office,then Tenant will have the option of extended the lease term for up to two additional years to December 31, 2021. 4. Rent. Tenant agrees to pay Landlord rent at the rate of$450.00 for each calendar year or any portion of a calendar year that this lease is in effect. This amount shall be the annual rent for the Property. The annual rent shall be due in full to the Landlord on April 1 each year or portion of a year that the lease is in effect. Failure to pay rent by this date constitutes a breach of this lease. AGRICULTURAL PROVISIONS 1. Soil Testing. Except as modified by the Annual Operating Plan, it shall be the responsibility of the Tenant to test the soil of the Property twice a year. Soil samples shall be gathered from a representative portion of the leased property. Soil samples will be gathered during AGRICULTURAL LAND LEASE PAGE 3 OF 10 watered. Tenant shall not make any improvements or changes in the irrigation infrastructure without written permission of the Landlord. All irrigation improvements become the property of the Landlord at the end of the lease. Tenant shall maintain all ditches, laterals, tail runs, pipes, splitter boxes, and all other infrastructure associated with the use of water on the Property. Maintenance shall include but not be limited to burning, cleaning and dredging ditch courses, clearing pipelines, keeping headgates and diversion structures in workable order. 11. Erosion. Tenant shall not engage in any activity which results in the loss of soil or changes the topography or grade of the Property. All soil disking and tilling must be approved in the Annual Operating Plan. Irrigation activity must be temporarily halted if any ditch, lateral, pipeline or other irrigation infrastructure becomes damaged or inoperable. 12. Annual Operating Plan. An Annual Operating Plan shall be developed for the County by the Open Space and Trails Department, with the Tenant's input, within two months of the Tenant entering into this lease and will be reviewed and amended,if necessary,at least annually (the "Annual Operating Plan"). The Annual Operating Plan shall constitute a component term of this lease and failure to adhere to the Annul Operating Plan and its amendments shall constitute a breach of this lease. All Annual Operating Plans shall include the type of agricultural activity to be conducted on the Property and describe the areas of the Property that will be used for specific agricultural activities. The Annual Operating Plan will propose the anticipated water use and whether any changes are needed to the existing irrigation infrastructure. The Annual Operating Plan shall address any herbicide or pesticide applications to be used on the Property and whether or not there are pests or predators to be removed or eradicated from the Property. The Annual Operating Plan shall include the anticipated season dates for the actual agricultural activity as well as the winter cover for the areas of the Property on which agricultural activities were conducted. The Annual Operating Plan shall include the types, method of application and timing for the application of any fertilizer to be used. Amendments to the Annual Operating Plan may be executed by the Open Space and Trails Department. 13. Rehabilitation Requirement. Tenant has agreed to perform additional Property improvements in exchange for the reduced lease rate. a. Homesite Areas. Two modular homes were removed from the Property in 2014. Tenant shall be responsible for rehabilitating the area where these homes were located and the surrounding area to productive agricultural land. Specific steps to rehabilitate the area will be addressed within the Annual Operating Plan. b. Ditch Improvements. Tenant has agreed to improve a segment of ditch, roughly located 120' north of the Tenant's house, in which increased erosion has occurred. Details of the ditch improvement will be addressed within the Annual Operating Plan and will include extending an existing section of pipe. 14. County Improvements and Infrastructure. The Tenant recognizes that the Property is subject to the Glassier Open Space Management Plan. More specifically, Lease Area A is subject to Section 4.3 Recreation, Recreation Action Item I which anticipates County staff exploring options for the development of a trail through the Property in the area generally depicted on Exhibit A and labeled"50' Trail Alignment Buffer". The pertinent sections of the item states; AGRICULTURAL LAND LEASE PAGE 5 OF 10 A. Coverage and Limits of Insurance: Tenant shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form"basis. 1. Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when Tenant, contractor or employee is exempt under Colorado Workers' Compensation Act., AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A(Workers' Compensation) $ Statutory Coverage B (Employers Liability) $ 500,000 2. Commercial General Liability—ISO 1CG 0001 form or equivalent (With County named additional insured) Minimum Limits: General Aggregate $ 500,000 Products/Completed Operations Aggregate $ 500,000 Each Occurrence Limit $ 500,000 Personal/Advertising Injury $ 500,000 Fire Damage (Any One Fire) Replacement Value of any Structures Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Personal/Advertising Injury • Products/Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured AGRICULTURAL LAND LEASE PAGE 7 OF 10 3. Assignability. Tenant agrees not to assign or sublease any part of the Property without the written consent of the Landlord. 4. Binding Arbitration. Any disputes arising out of this lease shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this lease shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 5. Severability. In the event that any provision of this lease shall be held to be invalid or unenforceable,the remaining provisions of this lease shall remain valid and binding upon the parties hereto. 6. Integration and Modification. This lease represents the entire and integrated lease between the County and Tenant and supersedes all prior negotiations,representations, or contract, either written or oral. This lease may be amended only by written contract signed by both the County and Tenant. 7. Records. Tenant shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this lease for a period of three (3) years after final payment under the lease and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the lease and applicable law. 8. Lease Made in Colorado. The parties agree that this lease was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this lease beyond the arbitration described in Paragraph 4 above, the substantially prevailing party,whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys fees. 10. Waiver. Failure of the County to exercise any right or remedy granted under this lease shall not have the effect of waiving or limiting the exercise of the County, or of any other right or remedy or the indication of such right or remedy at any future time. 11. Governmental Immunity. Tenant agrees and understands that Pitkin County is relying on and does not waive, by any provision of this lease, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq.,C.R.S.,as from time to time amended,or otherwise available to Pitkin County or any of its officers, agents or employees. Further,nothing in this lease shall be construed or interpreted to require or provide for indemnification of Tenant by the County for any AGRICULTURAL LAND LEASE PAGE 9 OF 10 14. Section Headings. Paragraph or section headings within this lease are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. MICELLANEOUS 1. Landlord reserves the right for itself,its agents,and employees to enter the Property at any reasonable time to inspect the Property and to work and make improvements as the Landlord shall deem necessary. Except in exigent or emergency circumstances, Landlord shall give Tenant forty-eight(48)hours notice before entering Property. 2. Landlord makes no guarantee of the productivity of the Property and assumes no liability of any condition,visible or not,which may affect agricultural productivity of the Property. Tenant agrees to accept the Property in an as is condition. 3. Tenant shall perform all routine maintenance on the improvements on the Property. Tenant shall repair any damage to the improvements on the Property that are the result of acts of third parties. 4. Tenant shall not place store or use on the Property substances that are hazardous toxic dangerous or harmful or which are defined as hazardous substances by the Comprehensive Environmental Response Compensation and Liability Act(CERCLA), 42 USC § 9601. 5. Tenant shall not pledge mortgage or cause any lien to be recorded against the Property during the term of this lease. 6. Tenant shall not construct any building or improvement on the Property without Landlord's written consent. 7. Tenant shall not dispose of trash garbage rubbish or refuse on the Property. 8. Tenant shall not permit any commercial activity on the Property apart from those activities described in the agricultural plan. IN WITNESS WHEREOF, the Landlord and Tenant have duly executed this lease on the day and year first above written. (Signature Page Follows) AGRICULTURAL LAND LEASE PAGE 10 OF 10 TENANT: LANDLORD: Board of County Commissioners of Pitkin County By: Y7 AS p 9-/?-IS By: 5 kr /1 f– del 4.2zJ C f S- 1/2 AS Ranch, Date Chair Date Land and Cattle LLC APPROVED AS TO FORM: .► John M. Ely Pitkin Cou - At : ney 3 }', .; �� 1 '''''"'`77"-'� Ty .1/4,- \--,,,,,,--,----- --- -- _,,,..\ - 4Tz. Open pace , .\ , ,,.. ,,„,,,„ g„ „ .;, Agricultural Lease Map tt1 1Exhibit A 1 { t i `4 _ � tr A ''''''' '''''''':''']'''' ,, \`\'''',.:':'..:,:::::;;;;"11%,:::;,...:=..:11;:!:'-,1!,,,:‘,. ' , ; '' ,' v � � > A .� ' Fences 1 ', �„ � '� � A x x � ti 2 �� ® Irrigation Source Point i 1 i� '{ i � ;,..,.citi,:-4.'1,,,,,,-;,.,.v?.. ',1:ilt>::rilf � � � Culvert ,` ! i ;k, � _ _ == Lease A k , 'i ; 1 I y , 4 7S ., '" ;r oi'Pkl t? �. }�tcn '��'` �'� y A.i .,-. -µ -,+r it i, �{' � � � � �------..... 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'{�iit.1.1till'i�i t`5 \ 1 •,.....-i.',,rM *.eek --, _. j, 4 _ , ' iii ' '''''1:-,,i \\t,,,N,%, fl ' i -:'!„,,,,-,;-$: ,:::::;:..7-4,—';''',"7:Er.„.".7.&r.ir ' ,..'2.1%..:',.A...',\. :,-:?;•4:1‘,,, > f= � \1 e t+ate f _)i _ ' \‘'..` . ,---' , ' '''.. .. .',.:4';':,-, R� �.• 2 .›..--J - '�/j ii \ U % 4" "l �e,� '11 � � 1, r ( ft ..\\\ ,....„,..,:z.;7:!.44‘4,,,...,:4...,:.,---,...,,,,:4-= +� >, ,4 - s+ S . This map/drawing is a graphical �� , ,`� _{ i �ti'�y;e // ' �;- �,.�' �, .,�, !,;%'''''.;;'.,••4- representation of the features lik .v t� ?5 y�,v y ►J`-t '''jr''''''''''''' depicted and is not a legal representation. . :?! " .4,'44A', al�,. ,.1'.., i/ ,,-. x.. Accuracy is not guaranteed. OONTRACT# P-7(- LAND LEASE This lease is entered into this /'5 day of 1)1_(-01. , 2015 by and between the Board of County Commissioners of Pitkin County,Color&lo,hereinafter"Landlord"or"County", and Aspen Center for Environmental Studies,2001 HooksSpur Road,Basalt,Colorado 81621,and Natalie and Michael Carricarte, 315 Hooks Spur Road, Basalt, Colorado 81621, hereinafter "Tenants". Now therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purpose and Intent. Landlord and Tenants intend that the property, all appurtenances, water rights, easements and improvements be used for active agricultural production. Agricultural production shall continue during the entire term of the lease without interruption,consistent with accepted agricultural practices and the Annual Operating Plan for the property proposed by Tenants and accepted by Landlord, in writing, and made part of this lease. 2. Leased Property. Landlord in consideration of the terms contained herein leases to the Tenants, pursuant to the Annual Operating Plan, the following described real property: Lease Area F of the Glassier Open Space, together with all appurtenant water rights, consisting of the following: 2,500 shares of Home Supply Ditch Company water representing 0.25 Cubic Feet per Second of direct flow from the Home Supply Ditch, easements and improvements ("Property"). The Property, existing improvements, and irrigation flows are generally depicted and attached hereto on Exhibit A. 3. Lease Term. Unless earlier terminated by operation of this lease, the lease term shall be in effect as of the date the lease is entered above, to December 31, 2024. This lease shall not be renewed or extended except through express written amendment to this lease. Tenants is expressly prohibited from holding over beyond the expiration of the lease term without express written permission of Landlord. 4. Rent. Tenants agrees to pay Landlord rent at the rate of$75.00 for each calendar year or any portion of a calendar year that this lease is in effect. This amount shall be the annual rent for the Property. The annual rent shall be due in full to the Landlord on April 1 each year or portion of a year that the lease is in effect. Failure to pay rent by this date constitutes a breach of this lease. AGRICULTURAL PROVISIONS 1. Soil Testing. Except as modified by the Annual Operating Plan, it shall be the responsibility of the Tenants to test the soil of the Property twice a year. Soil samples shall be gathered from a representative portion of the leased property. Soil samples will be gathered during the month of May and during the month of September. Soil samples will be tested through the Colorado State University extension office. 2. Weed Control. Tenants are responsible for the removal of all noxious weeds as defined in the Colorado Noxious Weed Act. Removal of noxious weeds shall be before individual plants go to seed. The use of any herbicide shall be particularly approved by the County as part of the Annual Operating Plan for the Property. AGRICULTURAL LAND LEASE PAGE 3 OF 9 11. Erosion. Tenants shall not engage in any activity which results in the loss of soil or changes the topography or grade of the Property. All soil disking and tilling must be approved in the Annual Operating Plan. Irrigation activity must be temporarily halted if any ditch, lateral, pipeline or other irrigation infrastructure becomes damaged or inoperable. 12. Annual Operating Plan. An Annual Operating Plan shall be developed for the County by the Open Space and Trails Department, with the Tenant's input, within two months of the Tenants entering into this lease and will be reviewed and amended, if necessary, at least annually(the"Annual Operating Plan"). The Annual Operating Plan shall constitute a component term of this lease and failure to adhere to the Annual Operating Plan and its amendments shall constitute a breach of this lease. All Annual Operating Plans shall include the type of agricultural activity to be conducted on the Property and describe the areas of the Property that will be used for specific agricultural activities. The Annual Operating Plan will propose the anticipated water use and whether any changes are needed to the existing irrigation infrastructure. The Annual Operating Plan shall address any herbicide or pesticide applications to be used on the Property and whether or not there are pests.or predators to be removed or eradicated from the Property. The Annual Operating Plan shall include the anticipated season dates for the actual agricultural activity as well as the winter cover for the areas of the Property on which agricultural activities were conducted. The Annual Operating Plan shall include the types, method of application and timing for the application of any fertilizer to be used. Amendments to the Annual Operating Plan may be executed by the Open Space and Trails Department. 13. Existing Structures. A barn and loafing shed exist on the Property. Permitted uses and acceptable improvements must be approved in the Annual Operating Plan before use of the structures. Additional agreements may be made to address fmancial responsibilities of the Tenants and Landlord if substantial equity is invested into the permanent structures on the Property as they may not be removed upon termination of this lease agreement. No warranties or representations are made by the Landlord as to the condition of these structures or their suitability for any uses. GENERAL PROVISIONS 1. Insurance. Tenants shall procure and maintain for the term of the lease, insurance against claims for injury to persons or damage to Property which may arise from or in connection with occupancy and use of the Property. The insurance requirements herein are minimum requirements for this lease and in no way limit the indemnity covenants contained in this lease. Tenant's insurance shall be primary and non- contributory with any insurance or self-insurance purchased by the Landlord. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. Any and all deductibles or self-insured retentions in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Tenants. Tenants shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. Tenants is not relieved of any liability or other obligations assumed or pursuant to the lease by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. AGRICULTURAL LAND LEASE PAGE 5 OF 9 language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials,trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor,including completed operations." B. Proof of Insurance: 1. Each insurance policy required by the insurance provisions of this lease shall provide the required coverage and shall not be suspended, voided or canceled except after thirty(30)days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10)days prior notice may be given.Such notice shall be sent directly to Pitkin County Open Space and Trails Department, 530 E. Main Street, 3`d Floor, Aspen,Colorado,81611. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation,or reduction in coverage or limits of any insurance within seven(7)days of receipt of insurers' notification to that effect. 2. Landlord reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this lease. 2. Indemnity. A. Tenants agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the performance of this lease,hereinafter referred to as indemnitee,from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this lease or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of Tenants to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that Tenants will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, Tenants agree to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by Tenants for the County. B. Tenants further shall investigate,process,respond to, adjust,provide defense for and defend,pay or settle all claims,demands,or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto,even if the claim, demand or lawsuit is groundless,false or fraudulent. AGRICULTURAL LAND LEASE PAGE 7 OF 9 injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 12. Notice. Any written notice required by this lease shall be deemed delivered through any of the following: (1)hand delivery to the person at the address below; (2)electronic, internet or facsimile delivery with confirmation of receipt to the e-mail address or fax number below; or (3)within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows below. Notice by facsimile, e-mail or internet delivery shall be deemed given upon receipt of a confirmation by sender and notice by personal delivery shall be deemed given when received. To: Pitkin County Open Space &Trails Attn: Paul Holsinger 530 E.Main Street, 3rd Floor Aspen, Colorado 81611 Fax: (970) 920-5198 E-Mail Address: Paul.Holsinger@pitkincounty.com With Copies To: Pitkin County Attorney's Office 530 E. Main Street,#302 Aspen, Colorado 81611 Fax: (970) 920-5198 E-Mail: John.Ely@pitkincounty.com To: Aspen Center for Environmental Studies, Rock Bottom Ranch Attn: Katie Schwoerer 100 Puppy Smith Street Aspen, Colorado 81611 Phone: (970) 925-5756 E-Mail: kschwoerer@aspennature.org To: Natalie and Michael Carricarte 315 Hooks Spur Road Basalt, Colorado 81621 Phone: E-Mail: michael@carricarte.com 13. Default/Violation of Lease Terms. Every clause herein contained is hereby made a condition of this lease. If Tenants fails to comply with any of the material provisions of this lease, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenants by statute within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the lease by reason thereof, Landlord may terminate this lease. At the time of default or violation, Landlord may declare all unpaid rent for the remaining term of AGRICULTURAL LAND LEASE ;l` '7 W? TENANTS: LANDLORD: Board of County Commissioners of Pitkin County i l - s 77 � -IS By: 7._ By: S6rr�.� F- G ��' 3126/20 I5' Aspen enter for Environmental Studies Date Chair Date Chris Lane, CEO I / By: ( i tt S Natalie andarricarte Dat APPROVED AS TO FORM: John M. El Pitki '1 . . Attorney tit .. 9r,'ai: ,' .P- .} ` G -A '', * ` .-: 4.4-.*- - ,;- Glassier Open Space � ; : . Agricultural Lease Map • rr % — :•� I �-:•;--",„..-x x•+>• 1,j) a �„ ��t 1� Ott X ` . l '� Exhibit A a �' • x 4. r :r x Itel?x ® Culvert V. wr ,, ` ® Irrigation Source Point • x i ►:� Well x. . 4 •4" Lease F y N„, 'rE Ar I --��•-� Irrigation Ditches , x x Fences - Topography ., , 10-Foot Interval 2-Foot Interval \•,,, \ •w • x I `° �'it � , "' . , .•''''''.: .-,ti*-,,,\ \ R - y6' 1- x I r, 7 : \ r i- This map/drawing is a graphical \= k k representation of the features „} depicted and is not a legal representation. \ Accuracy is not guaranteed. • yit /f 4-4„'NTRACT* 1W-9-o/ AGRICULTURAL LAND LEASE This lease is entered into this°-tut) day of v ( , 2015 by and between the Board of County Commissioners of Pitkin County,Colo ado,hereinafter"Landlord"or"County", and Rory Cerise, 3006 Emma Road, Basalt, Colorado 81621, hereinafter"Tenant". Now therefore, in consideration of the mutual covenants and promises contained herein. the parties agree as follows: 1. Purpose and Intent. Landlord and Tenant intend that the property, all appurtenances, water rights, easements and improvements be used for active agricultural production. Agricultural production shall continue during the entire term of the lease without interruption,consistent with accepted agricultural practices and the agriculture production plan for the property proposed by Tenant and accepted by Landlord, in writing,and made part of this lease. 2. Leased Property. Landlord in consideration of the terms contained herein leases to the Tenant, pursuant to the Annual Operating Plan,the following described real property: Lease B of Glassier Open Space, together with all appurtenant water rights, consisting of the following: The equivalent of 40,000 shares of Home Supply Ditch Company water representing 4 Cubic Feet per Second of direct flow from the Home Supply Ditch, easements and improvements ("Property"). The Property, existing improvements, and irrigation flows are generally depicted and attached hereto on Exhibit A. 3. Lease Term. Unless earlier terminated by operation of this lease, the lease term shall be in effect as of the date the lease is entered above,to December 31, 2019. This lease shall not be renewed or extended except through express written amendment to this lease. Tenant is expressly prohibited from holding over beyond the expiration of the lease term without express written permission of Landlord. 4. Rent. Tenant agrees to pay Landlord rent at the rate of$1,742.70 for each calendar year or any portion of a calendar year that this lease is in effect. This amount shall be the annual rent for the Property. The annual rent shall be due in full to the Landlord on April 1 each year or portion of a year that the lease is in effect. Failure to pay rent by this date constitutes a breach of this lease. AGRICULTURAL PROVISIONS 1. Soil Testing. Except as modified by the Annual Operating Plan, it shall be the responsibility of the Tenant to test the soil of the Property twice a year. Soil samples shall be gathered from a representative portion of the leased property. Soil samples will be gathered during the month of May and during the month of September. Soil samples will be tested through the Colorado State University extension office. 2. Weed Control. Tenant is responsible for the removal of all noxious weeds as defined in the Colorado Noxious Weed Act. Removal of noxious weeds shall be before individual plants go to seed. The use of any herbicide shall be particularly approved by the County as part of the Annual Operating Plan for the Property. AGRICULTURAL LAND LEASE PAGE 3 OF 10 11. Erosion. Tenant shall not engage in any activity which results in the loss of soil or changes the topography or grade of the Property. All soil disking and tilling must be approved in the Annual Operating Plan. Irrigation activity must be temporarily halted if any ditch, lateral, pipeline or other irrigation infrastructure becomes damaged or inoperable. 12. Annual Operating Plan. An Annual Operating Plan shall be developed for the County by the Open Space and Trails Department,with the Tenant's input,within two months of the Tenant entering into this lease and will be reviewed and amended, if necessary,at least annually (the"Annual Operating Plan"). The Annual Operating Plan shall constitute a component term of this lease and failure to adhere to the Annul Operating Plan and its amendments shall constitute a breach of this lease. All Annual Operating Plans shall include the type of agricultural activity to be conducted on the Property and describe the areas of the Property that will be used for specific agricultural activities. The Annual Operating Plan will propose the anticipated water use and whether any changes are needed to the existing irrigation infrastructure. The Annual Operating Plan shall address any herbicide or pesticide applications to be used on the Property and whether or not there are pests or predators to be removed or eradicated from the Property. The Annual Operating Plan shall include the anticipated season dates for the actual agricultural activity as well as the winter cover for the areas of the Property on which agricultural activities were conducted. The Annual Operating Plan shall include the types, method of application and timing for the application of any fertilizer to be used. Amendments to the Annual Operating Plan may be executed by the Open Space and Trails Department. 13. County Improvements and Infrastructure. The Tenant recognizes that the Property is subject to the Glassier Open Space Management Plan. More specifically, Lease Area B is subject to Section 4.3 Recreation, Recreation Action Item I which anticipates County staff exploring options for the development of a trail through the Property in the area generally depicted on Exhibit A and labeled "50' Trail Alignment Buffer". The pertinent sections of the item states; Recreation Action Item I. Develop a sustainable trail connection from parking areas and Rio Grande Trail, through the Glassier property, to the BLM boundary on the Crown. The final trail alignment from the base of the Crown to the BLM boundary will be designed and constructed in partnership with representatives of hiking, biking and equestrian groups. Short trail sections will be created off the existing road at the steepest pitches to better accommodate equestrian use of the road. This will help separate equestrians, mountain bikers and other users, and reduce conflicts. During the design phase, visual impacts to the valley floor will be considered. The trail alignment shall limit the amount of side-cast material, create cut slopes suitable for native revegetation and utilize large, established vegetation for screening. Any trail connection from the Crown to the parking area or Rio Grande Trail will be developed with appropriate considerations for agricultural value and minimize the loss of cropland, irrigation interference and other impacts to agricultural operations. Open Space and Trails will work with the Roaring Fork Transportation Authority to change the public-access crossing of the Rio Grande Trail. If portions of the Property are removed from the Tenant's control the County will reimburse the Tenant for any lost infrastructure or crops and reduce the lease fee on a pro rata basis based•on the price per acre described in section 4 (Rent)will occur. AGRICULTURAL LAND LEASE PAGE 5 OF 10 (With County named additional insured) Minimum Limits: General Aggregate $ 500,000 Products/Completed Operations Aggregate $ 500,000 Each Occurrence Limit $ 500,000 Personal/Advertising Injury $ 500,000 Fire Damage (Any One Fire) Replacement Value of any Structures Medical Payments(Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Personal /Advertising Injury • Products/Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations." B. Proof of Insurance: 1. Each insurance policy required by the insurance provisions of this lease shall provide the required coverage and shall not be suspended, voided or canceled except after thirty(30)days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10)days prior notice may be given. Such notice shall be sent directly to Pitkin County Open Space and Trails Department, 530 E. Main Street, 3`d Floor, Aspen, Colorado, 81611. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation,or reduction in coverage or limits of any insurance within seven (7)days of receipt of insurers' notification to that effect. 2. Landlord reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this lease. AGRICULTURAL LAND LEASE PAGE 7 OF 10 7. Records. Tenant shall maintain comprehensive, complete and accurate books, records,and documents concerning its performance relating to this lease for a period of three(3) years after final payment under the lease and the County shall have the right within the three(3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of de termining, by accepted accounting and auditing standards, compliance with all provisions of the lease and applicable law. 8. Lease Made in Colorado.The parties agree that this lease was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this lease beyond the arbitration described in Paragraph 4 above, the substantially prevailing party, whether by final judgment or out of court settlement,shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys fees. 10. Waiver. Failure of the County to exercise any right or remedy granted under this lease shall not have the effect of waiving or limiting the exercise of the County, or of any other right or remedy or the indication of such right or remedy at any future time. 11. Governmental Immunity. Tenant agrees and understands that Pitkin County is relying on and does not waive, by any provision of this lease, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, §24-10-101,et seq.,C.R.S.,as from time to time amended,or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this lease shall be construed or interpreted to require or provide for indemnification of Tenant by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 12. Notice. Any written notice required by this lease shall be deemed delivered through any of the following:(1)hand delivery to the person at the address below;(2)electronic, internes or facsimile delivery with confirmation of receipt to the e-mail address or fax number below; or(3)within three(3)days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows below. Notice by facsimile, e-mail or Internet delivery shall be deemed given upon receipt of a confirmation by sender and notice by personal delivery shall be deemed given when received. To: Pitkin County Open Space&Trails Attn: Paul Holsinger 530 E. Main Street, 3`d Floor Aspen,Colorado 81611 Fax: (970) 920-5198 E-Mail Address: Paul.Holsinger@pitkincounty.com With Copies AGRICULTURAL LAND LEASE PAGE 9 OF 10 4. Tenant shall not place store or use on the Property substances that are hazardous toxic dangerous or harmful or which are defined as hazardous substances by the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 USC § 9601. 5. Tenant shall not pledge mortgage or cause any lien to be recorded against the Property during the term of this lease. 6. Tenant shall not construct any building or improvement on the Property without Landlord's written consent. 7. Tenant shall not dispose of trash garbage rubbish or refuse on the Property. 8. Tenant shall not permit any commercial activity on the Property apart from those activities described in the agricultural plan. IN WITNESS WHEREOF, the Landlord and Tenant have duly executed this lease on the day and year first above written. (Signature Page Follows) AGRICULTURAL LAND LEASE Roe-c !O /O TENANT: LANDLORD: Board of County Commissioners of Pitkin County By: R,pz,v 1J�2,►CoQ 2 /5 By: 5 CA\ AnP,v� 1� 26 izo Rory Ceie Date Chair Date APPROVED AS TO FORM: John M. Ely Pitkin Conn • ttorney ——..............ftftftftftft:ft....-. it ,,...,7=1; '''',i 'zi At - . . a —t Glassier Open Space - � 4 _ ......,rye^-�.w...3. • ' --- a Agricultural Lease Map .��s 4 r . . �r � r, Exhibit A \ ' Z.....4- , -Y , :' .,, .1 �' ':n�� ",// • ' Y -,' x x Fences { jlf' ;'' � � � .. ® Irrigation Source Point f; sr � ® Culvert ' ✓ U wft flY /. ti fr47.,,,,,:„,,,,-, Lease B ! r ,` .a6t: ayF ,4 „� .;, ;' ',4! i' . fi �� ,� 'r�,,, ,-,,a4o� • z _,- Irrigation Ditches � o 50' Trail Alignment Buffer Topography N , , - . `r 10-Foot Interval `,N,. , ` '4 • ;,� 4 2-Foot Interval �` ,LT jof \ ` r f� A ''""j"INL x , i \''; �\ 4. �.\ 'cl _ rim/ 1 kf, ., ,1..4" - n` ,,s\'i-:-&‘.\\ ‘, l \ \\,_ -‘----\ ,,,..r-- - , ......,„. .,„... ,,,,,,..•,./-`1\,,../ ' ' A'\\ 4404tsi ,;,%__,...--, V V \\\\ V l y-` Y ,' \ \.� 1�,y---`-'-r\-6\-.1—'--`3'.--1.-,,..• "L�'\ 0y' Lit ,.., ,,,,, :,..,, 2,••,,, ' .,\• , ,,\.\\ \ ..‘\`.. \\N.. , (:.b-,1\\\,. \\,\'‘:,--„,,,:\---_ '—',-,..,.. .---,-,„, -"------_, '-', --\'''''---\--,_ _,,..--,„_„r-s---__!--1„..._......_ \-„,.._._, ,_,I.,,,..„___-- i', \\4, )1/4%4\4\ y'‘,-,1/4:1 -,' \ \ l \ \; ..�'..,ti . 't `"1 �_ �" _�.`�.-.fir. r---Y .-•1!• \ • . �\ i i�i!�p� 're :_` x+�' "" - - __ --- - --'''44 ="`«--',:. y: - replrese n/atlon lo9the aft eartwes al `-tip " 1• 111 .'. �„'k �'`-,.. depicted and is not a legal representation. -•`.. •a\; 2 \ \\`:. `' , �",."s•r.,,,.C•Y Accuracy is not guaranteed. r 4 ONTRACT# /`1 '4) AGRICULTURAL LAND LEASE • 144 This lease is entered into this- day of A-hhrcl , 2015 by and between the Board of County Commissioners of Pitkin County,Colofado,hereinafter"Landlord"or"County", and Rory Cerise, 3006 Emma Road, Basalt, Colorado 81621, and the Glassier Agricultural Co- operative,P.O.Box 398,Aspen, Colorado 81612, hereinafter"Tenants". Both Tenants are jointly and severally responsible and obligated to compliance to all lease terms. Now therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purpose and Intent. Landlord and Tenants intend that the property, all appurtenances, water rights, easements and improvements be used for active agricultural production. Agricultural production shall continue during the entire term of the lease without interruption,consistent with accepted agricultural practices and the agriculture production plan for the property proposed by Tenants and accepted by Landlord, in writing, and made part of this lease. 2. Leased Property. Landlord in consideration of the terms contained herein leases to the Tenants, pursuant to the attached agricultural production plan, the following described real property: Lease Area C of the Glassier Open Space, together with all appurtenant easements and improvements ("Property"). Direct flow water rights are not associated with the Property. That being said, the use of the return flow or tail water from Lease B is permitted and may be applied to the Property. The Property, existing improvements, and irrigation flows are generally depicted and attached hereto on Exhibit A. 3. Lease Term. Unless earlier terminated by operation of this lease, the lease term shall be in effect as of the date the lease is entered above,to December 31, 2019. This lease shall not be renewed or extended except through express written amendment to this lease. Tenants is expressly prohibited from holding over beyond the expiration of the lease term without express written permission of Landlord. 4. Rent. Tenants agree to pay Landlord rent at the rate of$190.55 for each calendar year or any portion of a calendar year that this lease is in effect. This amount shall be the annual rent for the Property. The annual rent shall be due in full to the Landlord on April 1 each year or portion of a year that the lease is in effect. Failure to pay rent by this date constitutes a breach of this lease. AGRICULTURAL PROVISIONS 1: Soil Testing. Except as modified by the agricultural production plan, it shall be the responsibility of the Tenants to test the soil of the Property twice a year. Soil samples shall be gathered from a representative portion of the leased property. Soil samples will be gathered during the month of May and during the month of September. Soil samples will be tested through the Colorado State University extension office. 2. Weed Control. Tenants are responsible for the removal of all noxious weeds as defined in the Colorado Noxious Weed Act. Removal of noxious weeds shall be before individual AGRICULTURAL LAND LEASE PAGE 3 OF 10 Maintenance shall include but not be limited to burning, cleaning and dredging ditch courses, clearing pipelines, keeping headgates and diversion structures in workable order. 11. Erosion. Tenants shall not engage in any activity which results in the loss of soil or changes the topography or grade of the Property. All soil disking and tilling must be approved in the agricultural production plan. Irrigation activity must be temporarily halted if any ditch, lateral, pipeline or other irrigation infrastructure becomes damaged or inoperable. 12. Agricultural Production Plan. An Annual Operating Plan shall be developed for the County by the Open Space and Trails Department,with the Tenant's input,within two months of the Tenant entering into this lease and will be reviewed and amended, if necessary, at least annually(the"Annual Operating Plan"). The Annual Operating Plan shall constitute a component term of this lease and failure to adhere to the Annul Operating Plan and its amendments shall constitute a breach of this lease. All Annual Operating Plans shall include the type of agricultural activity to be conducted on the Property and describe the areas of the Property that will be used for specific agricultural activities. The Annual Operating Plan will propose the anticipated water use and whether any changes are needed to the existing irrigation infrastructure. The Annual Operating Plan shall address any herbicide or pesticide applications to be used on the Property and whether or not there are pests or predators to be removed or eradicated from the Property. The Annual Operating Plan shall include the anticipated season dates for the actual agricultural activity as well as the winter cover for the areas of the Property on which agricultural activities were conducted. The Annual Operating Plan shall include the types, method of application and timing for the application of any fertilizer to be used. Amendments to the Annual Operating Plan may be • executed by the Open Space and Trails Department. 13. County Improvements and Infrastructure. The Tenant recognizes that the Property is subject to the Glassier Open Space Management Plan. More specifically, Lease Area C is subject to Section 4.3 Recreation, Recreation Action Item I and IV which anticipates County staff exploring options for the development of a trail through the Property(50' Trail Alignment Buffer) and an alternative parking area (Option IV.b Parking Area) in the area generally depicted on Exhibit A. The pertinent sections of the items state; Recreation Action Item I. Develop a sustainable trail connection from parking areas and Rio Grande Trail, through the Glassier property, to the BLM boundary on the Crown. The final trail alignment from the base of the Crown to the BLM boundary will be designed and constructed in partnership with representatives of hiking, biking and equestrian groups. Short trail sections will be created off the existing road at the steepest pitches to better accommodate equestrian use of the road. This will help separate equestrians, mountain bikers and other users, and reduce conflicts. During the design phase, visual impacts to the valley floor will be considered. The trail alignment shall limit the amount of side-cast material, create cut slopes suitable for native revegetation and utilize large, established vegetation for screening. Any trail connection from the Crown to the parking area or Rio Grande Trail will be developed with appropriate considerations for agricultural value and minimize the loss of cropland, irrigation interference and other impacts to agricultural operations. Open Space and Trails will work with the Roaring Fork Transportation Authority to change the public-access crossing of the Rio Grande Trail. AGRICULTURAL LAND LEASE • PAGE 5 OF 10 a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when Tenants, contractor or employee is exempt under Colorado Workers' Compensation Act., AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A(Workers' Compensation) $ Statutory Coverage B(Employers Liability) $ 500,000 2. Commercial General Liability—ISO 1 CG 0001 form or equivalent (With County named additional insured) Minimum Limits: General Aggregate $ 500,000 Products/Completed Operations Aggregate $ 500,000 Each Occurrence Limit $ 500,000 Personal/Advertising Injury $ 500,000 Fire Damage(Any One Fire) Replacement Value of any Structures Medical Payments(Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Personal/Advertising Injury • Products/Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010(2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037(2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations." B. Proof of Insurance: AGRICULTURAL LAND LEASE PAGE7OF 10 ov er by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 5. Severability. In the event that any provision of this lease shall be held to be invalid or unenforceable, the remaining provisions of this lease shall remain valid and binding upon the parties hereto. 6. Integration and Modification. This lease represents the entire and integrated lease between the County and Tenants and supersedes all prior negotiations, representations, or contract, either written or oral. This lease may be amended only by written contract signed by both the County and Tenants. 7. Records. Tenants shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this lease for a period of three(3)years after final payment under the lease and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the lease and applicable law. 8. Lease Made in Colorado.The parties agree that this lease was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this lease beyond the arbitration described in Paragraph 4 above, the substantially prevailing party,whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys fees. 10. Waiver. Failure of the County to exercise any right or remedy granted under this lease shall not have the effect of waiving or limiting the exercise of the County, or of any other right or remedy or the indication of such right or remedy at any future time. 11. Governmental Immunity. Tenants agree and understand that Pitkin County is relying on and does not waive, by any provision of this lease, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, §24-10-101,et seq.,C.R.S.,as from time to time amended,or otherwise available to Pitkin County or any of its officers,agents or employees. Further, nothing in this lease shall be construed or interpreted to require or provide for indemnification of Tenants by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 12. Notice. Any written notice required by this lease shall be deemed delivered through any of the following: (1)hand delivery to the person at the address below;(2)electronic, internet or facsimile delivery with confirmation of receipt to the e-mail address or fax number below;or(3)within three(3)days of being sent certified first class mail, postage prepaid,return AGRICULTURAL LAND LEASE PAGE 9 OF 10 of this lease and allow Landlord to exercise any rights under law against both Tenants, including but not limited to eviction and actions for Forced Entry and Detainer under Colorado Law. 14. Section Headings. Paragraph or section headings within this lease are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. MICELLANEOUS 1. Landlord reserves the right for itself, its agents,and employees to enter the Property at any reasonable time to inspect the Property and to work and make improvements as the Landlord shall deem necessary. Except in exigent or emergency circumstances,Landlord shall give Tenants forty-eight(48) hours notice before entering Property. 2. Landlord makes no guarantee of the productivity of the Property and assumes no liability of any condition,visible or not,which may affect agricultural productivity of the Property. Tenants agrees to accept the Property in an as is condition. 3. Tenants shall perform all routine maintenance on the improvements on the Property. Tenants shall repair any damage to the improvements on the Property that are the result of acts of third parties. 4. Tenants shall not place store or use on the Property substances that are hazardous toxic dangerous or harmful or which are defined as hazardous substances by the Comprehensive Environmental Response Compensation and Liability Act(CERCLA), 42 USC § 9601. 5. Tenants shall not pledge mortgage or cause any lien to be recorded against the Property during the term of this lease. 6. Tenants shall not construct any building or improvement on the Property without Landlord's written consent. 7. Tenants shall not dispose of trash garbage rubbish or refuse on the Property. 8. Tenants shall not permit any commercial activity on the Property apart from those activities described in the agricultural plan. IN WITNESS WHEREOF,the Landlord and Tenants have duly executed this lease on the day and year first above written. (Signature Page Follows) AGRICULTURAL LAND LEASE PAGE 10 OF 10 TENANTS: LANDLORD: Board of County Commissioners of Pitkin County I-1-2-1 T. By: Sft(r..m (kid 1 Rory ise Date Chair pate ssier Agricultural Co-operative Date Dula, President APPROVED AS TO FORM: John M. El Pitkin i unty Attorney ,i-_fry -i _r i, -,5,. . -4- 4'9CP" lR'a :'L _ '...T` . ,ra. . �,,.< I ti Wr Ne Y Glassier Open Space .'�� }- $»: • ��'4•.4„ ` ' , 1 Agricultural Lease Map s . • :Y ° °o° o°, o °e° °° ° °♦oo�. ;_ ° °° - — !:, .. "..,,,,,. :,-;,,% , :4 : .1r4 4,, . ° ° x Exhibit A ` ¢t'.i, � k ° °4 ® ° °+° °°!• j °t°` •i .,•' , ,it >-.,-vi„it +." • ° °°. °°°°°°° °°•iIF•� °°\ . t i ° % • y,. ��!° oeff k°°o°o Jel• ,x X Fences/*0 .°°o ° °w°s° °i° • o°o* � Culvert \',..\ x or .. ,, \� Lease \ x C , . . , --,... .\ Irrigation Ditches aKr %%%i Option IV.b Parking Area 4,". 1, j 50'Trail Alignment Buffer ?r ' rry�,: k 4 .� c:'; fi. Topography Y'` t f ' 10-Foot Interval _ ... }j I �_ _ `J ",. a b y.. n Irv: ,_ ! I' I. � • , 2 Foot Interval 4 .o a . • �, . 144tFi Y•pyt x} • ,i4:, r�i B b 24 9 •1 ...--_� < n'.. vitFa.... }",..` _0.5+r.• i.._..,..f•'° J.Y.as..�.rir.:" { ti: ��. ,' � 4_'.. ".. • ,,,,,'''--r-;, . .t This map/drawing is a graphical ic al 'J ' ,,p a. ,' � representation of the features r; o`x r, kr cV R xkS -,1,?,,'. �t � t rz" . ;�` , ,.._► : Adecpcuictracedyaisndnoist gnoutaaralnegteaeldrepre sentation. .a•�. / - ONTRACT#_ I tm I AGRICULTURAL LAND LEASE This lease is entered into this Pa day of - -n r c( , 2015 by and between the Board of County Commissioners of Pitkin County,Co`_orado,hereinafter"Landlord"or"County", and Glassier Agricultural Co-operative, P.O. Box 398, Aspen, Colorado 81612, hereinafter "Tenant". Now therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purpose and Intent. Landlord and Tenant intend that the property, all appurtenances, water rights, easements and improvements be used for active agricultural production. Agricultural production shall continue during the entire term of the lease without interruption,consistent with accepted agricultural practices and the agriculture production plan for the property proposed by Tenant and accepted by Landlord,in writing, and made part of this lease. 2. Leased Property. Landlord in consideration of the terms contained herein leases to the Tenant,pursuant to the attached Annual Operating Plan,the following described real property: Lease Area D and E or the Glassier Open Space, together with all appurtenant water rights, consisting of the following: The equivalent of 1,000 shares of Home Supply Ditch Company water representing 0.1 Cubic Feet per Second of direct flow from the Home Supply Ditch, easements and improvements ("Property"). The Property, existing improvements, and irrigation flows are generally depicted and attached hereto on Exhibit A. 3. Lease Term. Unless earlier terminated by operation of this lease, the lease term shall be in effect as of the date the lease is entered above, to December 31, 2024. This lease shall not be renewed or extended except through express written amendment to this lease. Tenant is expressly prohibited from holding over beyond the expiration of the lease term without express written permission of Landlord. 4. Rent. Tenant agrees to pay Landlord rent at the rate of$94.00 for each calendar year or any portion of a calendar year that this lease is in effect. This amount shall be the annual rent for the Property. The annual rent shall be due in full to the Landlord on April 1 each year or portion of a year that the lease is in effect. Failure to pay rent by this date constitutes a breach of this lease. AGRICULTURAL PROVISIONS 1. Soil Testing. Except as modified by the Annual Operating Plan, it shall be the responsibility of the Tenant to test the soil of the Property twice a year. Soil samples shall be gathered from a representative portion of the leased property. Soil samples will be gathered during the month of May and during the month of September. Soil samples will be tested through the Colorado State University extension office. 2. Weed Control. Tenant is responsible for the removal of all noxious weeds as defined in the Colorado Noxious Weed Act. Removal of noxious weeds shall be before individual plants go to seed. The use of any herbicide shall be particularly approved by the County as part of the Annual Operating Plan for the Property. AGRICULTURAL LAND LEASE PAGE 3 OF 10 11. Erosion. Tenant shall not engage in any activity which results in the loss of soil or changes the topography or grade of the Property. All soil disking and tilling must be approved in the Annual Operating Plan. Irrigation activity must be temporarily halted if any ditch, lateral, pipeline or other irrigation infrastructure becomes damaged or inoperable. 12. Annual Operating Plan. An Annual Operating Plan shall be developed for the County by the Open Space and Trails Department, with the Tenant's input, within two months of the Tenant entering into this lease and will be reviewed and amended,if necessary,at least annually (the "Annual Operating Plan") and incorporated into this lease. The Annual Operating Plan shall constitute a component term of this lease and failure to adhere to the Annul Operating Plan and its amendments shall constitute a breach of this lease. All Annual Operating Plan s shall include the type of agricultural activity to be conducted on the Property and describe the areas of the Property that will be used for specific agricultural activities. The Annual Operating Plan will propose the anticipated water use and whether any changes are needed to the existing irrigation infrastructure. The Annual Operating Plan shall address any herbicide or pesticide applications to be used on the Property and whether or not there are pests or predators to be removed or eradicated from the Property. The Annual Operating Plan shall include the anticipated season dates for the actual agricultural activity as well as the winter cover for the areas of the Property on which agricultural activities were conducted. The plan shall include the types, method of application and timing for the application of any fertilizer to be used. Amendments to the plan may be executed by the Open Space and Trails Department. 13. County Improvements and Infrastructure. The Tenant recognizes that the Property is subject to the Glassier Open Space Management Plan. More specifically,Lease Area E is subject to Section 4.3 Recreation,Recreation Action Item IV which anticipates County staff exploring options for trailer parking for agricultural lessees and equestrians in the area generally depicted on Exhibit A and labeled "Option IV.c Area". The item states, "Horse trailer parking along with parking for agricultural lessees at the Glassier House site will be explored in conjunction with the Preferred Alternative for all other parking needs. A separate public process will precede development of this alternative to determine if and how many horse trailers can be accommodated along with the agricultural lessees, and the configuration of an adequate turnaround or other means for getting trailers through the site in conjunction with lessee needs for trailer access. Only horse trailers and vehicles pulling the trailers would be allowed to park at the house site for recreational access. " If portions of the Property are removed from the Tenant's control the County will reimburse the Tenant for any lost infrastructure or crops and reduce the lease fee on a pro rata basis based on the price per acre described in section 4 (Rent)will occur. This recitation of the Glassier Open Space Management Plan and the content of Exhibit A reflect the current status of the Glassier Open Space Management Plan. The Glassier Open Space Management Plan as well as Exhibit A are subject to change at the discretion of Pitkin County and may therefore involve the future use by Pitkin County of different or greater amounts of the leased property than are represented herein. AGRICULTURAL LAND LEASE PAGE 5 OF 10 Fire Damage (Any One Fire) Replacement Value of any Structures Medical Payments(Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Personal/Advertising Injury • Products/Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037(2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials,trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations." B. Proof of Insurance: 1. Each insurance policy required by the insurance provisions of this lease shall provide the required coverage and shall not be suspended, voided or canceled except after thirty(30)days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10)days prior notice may be given.Such notice shall be sent directly to Pitkin County Open Space and Trails Department, 530 E. Main Street, 3rd Floor, Aspen,Colorado, 81611. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation,or reduction in coverage or limits of any insurance within seven(7)days of receipt of insurers' notification to that effect. 2. Landlord reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this lease. 2. Indemnity. A. Tenant agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work AGRICULTURAL LAND LEASE PAGE7OF 10 8. Lease Made in Colorado.The parties agree that this lease was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is Necessary to enforce any of the provisions of this lease beyond the arbitration described in Paragraph 4 above, the substantially prevailing party,whether by fmal judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys fees. 10. Waiver. Failure of the County to exercise any right or remedy granted under this lease shall not have the effect of waiving or limiting the exercise of the County, or of any other right or remedy or the indication of such right or remedy at any future time. 11. Governmental Immunity. Tenant agrees and understands that Pitkin County is relying on and does not waive, by any provision of this lease, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, §24-10-101,et seq.,C.R.S.,as from time to time amended,or otherwise available to Pitkin County or any of its officers,agents or employees.Further,nothing in this lease shall be construed or interpreted to require or provide for indemnification of Tenant by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 12. Notice. Any written notice required by this lease shall be deemed delivered through any of the following: (1)hand delivery to the person at the address below;(2)electronic, internet or facsimile delivery with confirmation of receipt to the e-mail address or fax number below; or(3)within three (3)days of being sent certified first class mail,postage prepaid,return receipt requested addressed as follows below. Notice by facsimile, e-mail or internet delivery shall be deemed given upon receipt of a confirmation by sender and notice by personal delivery shall be deemed given when received. To: Pitkin County Open Space&Trails Attn: Paul Holsinger 530 E. Main Street, 3rd Floor Aspen, Colorado 81611 Fax: (970) 920-5198 E-Mail Address: Paul.Holsinger@pitkincounty.com With Copies To: Pitkin County Attorney's Office 530 E. Main Street,#302 Aspen,Colorado 81611 Fax: (970) 920-5198 E-Mail: John.Ely@pitkincountv.com To: Glassier Agricultural Co-operative Attn: Jim Dula,President AGRICULTURAL LAND LEASE PAGE 9 OF 10 7. Tenant shall not dispose of trash garbage rubbish or refuse on the Property. 8. Tenant shall not permit any commercial activity on the Property apart from those activities described in the agricultural plan. IN WITNESS WHEREOF, the Landlord and Tenant have duly executed this lease on the day and year first above written. (Signature Page Follows) AGRICULTURAL LAND LEASE 75.914EISTOTt-i0 TENANT: LANDLORD: Board of County Commissioners of Pitkin \ County Iv q_ 1 By: SYJ��e/A F-' ea) 3J- /2 o r 5- 41 ;yr Agricultural Co-operative Date Chair Date Jim : Ia, President APPROVED AS TO FORM: ---- . -----7:::___----- JohnM.E(y Pitki . my Attorney • ±--, • ; / x Glassier Open Space . N 1 Agricultural Lease Map - _; _ r �� ' Exhibit A. \ \ r w. (�� 1R ." x x Fences w ,'r�eo; �- � Culvert Nrr do.* .• Irrigation ion Source Point r ® Well :.� F �.J s - , Lease E Lease L D �� f Irrigation Ditches 50' Trail Alignment Buffer ` '" eieiei Option IV.c Area Topography `: . r\ 10 Foot Interval " _ �. t � V Q 2-Foot Interval ': «. _.. r of r. . V. This map/drawing is a graphical ` - • ." ,•4 r A representation of the features .1+ )4-,-,.,,,,,,,_. . • ` , . depicted and is not a legal representation. "1 a;._ Accuracy is not guaranteed.