HomeMy WebLinkAboutbocc.ord.023.2016 RECEPTION#: 635725, 01/27/2017 at 10 :26 :53 A14, 1 OF 12 , R $0 . 00
Janice K. Vos Caudill, Pitkin County, CO
^ONTRACT '21.' 4/
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY,COLORADO APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH COLORADO PARKS AND
5$' WILDLIFE ON USE OF DEER CREEK OPEN SPACE
ORDINANCE 043-2016
Recitals
U I. WHEREAS,in 2015, Pitkin County acquired fee title to the Deer Creek Ranch for
open space and passive public recreation purposes;and
2. WHEREAS,Colorado Parks and Wildlife closely coordinates with Pitkin County
yL on wildlife preservation throughout the County;and
3. WHEREAS,Pitkin County recently purchased Deer Creek Open Space and
adopted and Interim Management Plan;and
1 - 4. WHEREAS,the Interim Management Plan has an action item to enter into an
C Intergovernmental Agreement with Colorado Parks and Wildlife to lease to
1—{ Colorado Parks and Wildlife the main house;and
5. WHEREAS,Colorado Parks and Wildlife will maintain the property and
associated water rights.
NOW, THEREFORE, BE IT ORDAINED, that the Board of County
Commissioners approves in substantially the form as attached hereto the Intergovernmental
Agreement with Colorado Parks and Wildlife regarding the use and management of the
—1— main house and surrounding open space.
INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE 28th
.-v DAY OF SEPTEMBER,2016.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF
E ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON
A4,2016.
(� NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE
OFFICIAL PITKIN oUNTY WEBSITE(www.nitkincounty.com)ON THE
$R& DAY OF 2016.
ADOPTED AFTER IN/�44L READING AND PUBLIC HEARING ON THE
Wi -DAY OF OteS rr 2016.
RECEPTION# : 635725, 01/27/2017 at 10:26: 53 AM, 2 OF 12 ,
Janice K. Vos Caudill, Pitkin County, CO
PUBLISHED BY TITLE AND SHORT SUMMARY, ER ADOPTION,IN THE
ASPEN TIMES WEEKLY ON THE 3"R DAY OF q/.cwj.e v 2016.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE
OFFICI PITKIN COUNTY WEBSITE(www.nitkincountv.com)ON THE
DAY OF /X/• 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
13), _ I I A. \--iL//04-) By: • - ` • t
leaflet/Jones / Rachel E. `ichards,Chair
DeputCounty Clerk
Date:/3-6r- 2D/(
APPROVED AS TO FORM: MANAGER APPROVAL
J` rinnity Attorney on Peacock,County Manager
52s n-e.y F ,�
Gary Tannenbaum,Oft/enter
Open Space and Trails
RECEPTION#: 635725, 01/27/2017 at 10 :26: 53 AM, 3 OF 12,
Janice K. Vos Caudill, Pitkin County, CO
PUBLISHED BY TITLE AND SHORT SUMMARY, ER ADOPTION,IN THE
ASPEN TIMES WEEKLY ON THE DAY OF Orisak.e.r 2016.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON Tlifs
OFFICIPI ION COUNTY WEBSITE(www.nitkincountyy.com)ON THE
DAY OF n&p 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
)ite_
lean Jones Rachel E. ichards,Chair
Deput County Clerk
Date:/2-or 24L4
APPROVED AS TO FORM: MANAGER APPROVAL
to joieritly Attorney on Peacock,County Manager
Gary Tenenbaum,Director
Open Space and Trails
RECEPTION4t : 635725, 01/27/2017 at 10 :26:53 AM, 4 OF 12 ,
Janice K. Vos Caudill, Pitkin County, CO
•
INTERGOVERNMENTAL AGREEMENT
BETWEEN PITKIN COUNTY AND COLORADO PARKS AND WILDLIFE
REGARDING THE MANAGEMENT OF DEER CREEK OPEN SPACE
THIS 7NJ"£�LOOVERNMENTAL AGREEMENT (the"Agreement")is made this
,0-4day o n a a butt 2016 by and between the Board of County
Commissioners of Pitkin County,Colorado,whose address is 530 East Main Street,Aspen,
Colorado, 81611 ("the County") and Colorado Parks and Wildlife, whose address is 6060
Broadway,Denver,CO 80216("CPW").
RECITALS
Pitkin County, in 2015,acquired fee title to Deer Creek Ranch for open space and public
recreation purposes.
CPW is seeking housing for the Aspen Area Division Wildlife Officer.
Pitkin County Open Space and Trails has created an interim management plan for Deer Creek
Open Space.
In the interim management plan an action item to work with CPW on creating an
Intergovernmental Agreement to lease the main house and surrounding lands excepting that
portion of the property west of the Roaring Fork River.
Pitkin County and CPW have enjoyed a collaborative relationship and governmental agencies
are authorized to enter into intergovernmental agreements pursuant to,inter alia, C.R.S. §§
29-1-201,et seg.,and Article XIV,Section 18 of the Colorado Constitution.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements of the parties and other good and valuable consideration, the adequacy and
sufficiency of which is hereby aclmowledged,the parties agree as follows:
1. Pitkin County hereby leases for zero sum rent 17 acres of Deer Creek Open Space
to CPW for 10 years as depicted on Attachment"A"and will allow CPW to house
the Aspen Area Division Wildlife Manager in the Main House for 10 years.
Additionally,Pitkin County hereby leases the remaining portion of the property
located west of the Roaring Fork River for zero sum rent as depicted on
Attachment"A"for two years or until a full management plan is created by Pitkin
County,for purposes of allowing fishing access for the public and habitat
improvement and weed control. Together these two areas of the property leased
to CPW are collectively the"Property."
2. CPW will be allowed to upgrade the main house upon prior written consent of the
RECEPTION#: 635725, 01/27/2017 at 10 :26:53 AM, 5 OF 12 ,
Janice K. Vos Caudill, Pitkin County, CO
County and shall perform all routine maintenance to maintain the main house in
habitable condition for 10 years at CPW's expense.Any alterations,improvement
or repairs shall be made in a satisfactory and workmanlike manner. CPW shall not
permit any lien or other encumbrance to be filed against the Property in connection
therewith,and shall indemnify the County against such liens and encumbrances.
CPW shall repair any damage to the improvements on the Property during the
terms of this Agreement.
3. CPW will submit an operating plan to the County for managing the irrigation and
irrigated lands to fully use and apply water resources to the Property. This
operating plan will be reviewed annually and the irrigation water use will be
recorded.
4. CPW will work with Pitkin County Open Space on a full management plan for the
property starting in 2018.
5. Public river access is allowed from the Rio Grande Trail to the Roaring Fork
River and will be managed by Pitkin County Open Space and Trails.
6. Pitkin County Open Space and Trails and CPW will review this agreement
annually to ensure the agreement continues to work for both entities.
7. The lease for the main house and the 17 acres can be extended beyond 10-years
by written consent of both parties.
8. CPW 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.
9. CPW shall not pledge mortgage or cause any lien to be recorded against the
Property during the term of this lease.
10.CPW shall not construct any building or improvement on the Property without the
County's written consent.
11.CPW shall not dispose of trash garbage rubbish or refuse on the Property.
12.CPW shall not permit any commercial activity on the Property.
13.CPW accepts the Property in its present condition and state of repair without any
warranties or representations of any nature whatsoever by the County except as
required by C.R.S. §38-12-503. CPW hereby acknowledges that it has inspected
the Property,and fixtures and that the same are in good condition and suitable for the
use intended.CPW further acknowledges that repairs are needed to the structures on
RECEPTION# : 635725, 01/27/2017 at 10 :26:53 AM, 6 OF 12 ,
Janice K. Vos Caudill, Pitkin County, CO
the Property and that CPW will work to bring the structures up to applicable building
and fire codes.
14.The County may at reasonable times and upon twenty-four(24)hours'notice enter
the Property for purposes of inspection and repair.
15. CPW shall have quiet enjoyment of the Property during the term hereof provided
however,that the County shall not be responsible for any disturbances caused to
CPW as a result of actions not directly attributable to County.
16. CPW hereby agrees to and does indemnify and hold the County harmless from and
against any and all claims,demands,causes,judgments or liability for any losses
or damage to any property of,or any injury or death to,any persons in or about the
Property during the term of this Agreement,including,but not limited to CPW and/or
its tenant,CPW's and/or its tenant's family,agents,servants,guests,licensees,or
invitees;and further,CPW shall indemnify the County for any payments,expenses,
costs or attorney fees incurred by the County as a result of such losses,
damages,injury or death.
17.CPW agrees to obtain insurance to cover the improvements on the Property against
all losses at a value estimated to allow for the replacement of any damage or
destroyed improvements.CPW further commits to obtain insurance to protect the
County against any loss due to injury or property damage suffered by any members
of the public or guests or invitees present on the Property. The terms and quality
of insurance coverage to be approved by the County before possession is taken of
the Property.
18. The County is not responsible for any damage to CPW's and/or its tenant's personal
property kept or stored an the Property.For that reason,CPW must obtain insurance
to protect its personal property.CPW is in breach of this Agreement if CPW fails to
obtain personal property insurance.Any personal property left on or in the Property
after CPW has vacated is considered abandoned.The County may dispose of this
property in any manner without notice to CPW.
19.This agreement is not assignable by either party.
20.This Agreement may be changed or modified only in writing by an agreement
approved by the County and CPW and signed by authorized officers of each party.
This Agreement constitutes the entire Agreement between the parties and all
other promises and agreements relating to the subject of this Agreement, whether
oral or written,are merged herein.
21. Should any one or more sections or provisions of this Agreement be judicially
adjudged invalid or unenforceable, such judgment shall not affect, impair, or
invalidate the remaining provisions of this Agreement, the intention being that the
various sections and provisions hereof are severable.
22.Any notice required or permitted under this Agreement shall be in writing and shall
RECEPTION# : 635725, 01/27/2017 at 10 :26 :53 AM, 7 OF 12 ,
Janice K. Vos Caudill, Pitkin County, CO
be hand-delivered or sent by registered or certified regular mail,postage pre-paid to
the addresses of the patties as follows.Each party by notice sent under this paragraph
may change the address to which future notices should be sent Electronic delivery of
notices shall also be deemed sufficient and considered delivered upon receipt of
confirmation of delivery on the part of the sender.
Notice to CPW:
Colorado Parks and Wildlife
Northwest Regional Office
711 Independent Ave.
Grand Jct.CO 81505
ron.velarde@state.co.us
Notice to Pitkin County
Gary Tenenbaum,Director
Pitkin County Open Space and Trails
806 W.Hallam Street
Aspen,CO 81611
gary.tennenbaum(a)pitkincounty.com
With Copies to:
Pitkin County Attorney's Office
123 Emma Road,Suite 204
Basalt,CO 81621
john.ely@pitIcincounty.com
pitkincounty.com
23. The parties agree and understand that both parties are relying on and do not waive,by
any provisions of this Agreement, the monetary limitations or terms or any other
tights, immunities, and protections provided by the Colorado Governmental
Immunity Act,C.R.S.24-10-101,et seq.,as from time to time ama ded or otherwise
available to the parties or any of their officers,agents,or employees.
24.The parties acknowledge and agree that any payments provided for hereunder or
requirements for future appropriations shall constitute only currently budgeted
expenditures of the parties.The parties'obligations under this Agreement are subject
to each individual party's annual right to budget and appropriate the sums necessary
to provide the services set forth herein. No provision of this Agreement shall be
construed or interpreted as creating a multiple fiscal year direct or indirect debt or
other financial obligation of either or both parties within the meaning of any
constitutional or statutory debt limitation.This Agreement shall not be construed to
pledge or create a lien on any class or source of either parties'bonds or any
obligations payable from any class or source of each individual party's money.
RECEPTION# : 635725, 01/27/2017 at 10 :26 :53 AM, 8 OF 12,
Janice K. Vos Caudill, Pitkin County, CO
25.The rights and obligations of the parties under this Agreement shall be binding upon
and shall inure to the benefit of the parties and their respective successors and assigns.
26.This Agreement shall be construed according to the laws of the State of Colorado,
and venue for any action shall be in the District Court in and for Pitkin County,
Colorado.Each party to this Agreement shall have standing to bring an action to
enforce the terms of this Agreement in District Court,including an action for
specific performance and injunctive relief.
27.In the event that legal action is necessary to enforce any of the provisions of this
Agreement,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 attorney's fees.
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin
County,Colorado at its regular meeting held on the S4 day of /ter
2016
I_The foregoing Agreement is approved by Colorado Parks and Wildlife the "C' - day of_
,(pgllw,2016.
In Witness whereof,the parties hereto have caused this agreement to be executed as of
the day and year first above written.
COLORADO PARKS AND WILDLIFE
[Thiel
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
affilt (Y"
lean.F Jones Rachel E.Richards,Chair
Depu f County Clerk
Date: ([-Su-(6
APPROVED AS TO FORM:
By: -
Jahr Attorney
(Signatures continued on next page)
RECEPTION# : 635725, 01/27/2017 at 10 :26 : 53 AM, 9 OF 12 ,
Janice K. Vos Caudill, Pitkin County, CO
i
25.The rights and obligations of the parties under this Agreement shall be binding upon
and shall inure to the benefit of the parties and their respective successors and assigns.
26.This Agreement shall be construed according to the laws of the State of Colorado,
and venue for any action shall be in the District Court in and for Pitkin County,
Colorado.Each party to this Agreement shall have standing to bring an action to
enforce the terms of this Agreement in District Court,including an action for
specific performance and injunctive relief.
27.In the event that legal action is necessary to enforce any of the provisions of this
Agreement,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 attorney's fees.
The foregoing Agreement is approved by the Board of County Comppispioners of Pitkin ..
County,Colorado at its regular meeting held on the SO (U
day of t/i
2016
'fire foregoing Agreement is approved by Colorado Parks and Wildlife the Q day of_
V<a. .2016.
In Witness whereof,the parties hereto have caused this agreement to be executed as of
the day and year first above written.
COLORADO PARKS AND WILDLIFE
By: Ron.Q til®<..>T9.
-nick /2«..ct9 n— .(Title)
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
B' I/i�. liiA� By: !' c C I
Jewelnes / Rachel E.Richard
DepufCounty Clerk
l// Date: //-30-/6
APPROVED AS TO FORM: i•
By
John ��e. ':'qty Attorney
(Signatures continued on next page)
e
RECEPTION# : 635725, 01/27/2017 at 10 :26: 53 AM, 10 OF 12,
Janice K. Vos Caudill, Pitkin County, CO
MANAGER APPROVAL: OPEN SPACE�� &TRAILS
By L By: AAA,t"v\ i
Jon Peacock,County Manager Gary Tannenbaum,Director
RECEPTION#: 635725, 01/27/2017 at 10:26:53 AM, 11 OF 12,
Janice K. Voa Caudill, Pitkin County, CO
l 1 t NT �� t5 M1WR
� �Sti ?(� 4/.......""--). R e 'Sa . . a.tigr AffichmentA
u '� s \ a � �t -.I --y--t
'Sly. � ' Deer Creek
ry+a; r4. t $s' ..AL' I� afa N Ranch
viciniryMaP
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'k"x 1, 77 "bxsti9 rkr 'iT E e Sri e', g f jar :i — r,.aiRwmmne:
,> 4't s^ ,- as ids �n a .S.21- $ c w °"l3 _� o us zsa o00
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RECEPTION# : 635725, 01/27/2017 at 10 :26 :53 AM, 12 OF 12,
Janice K. Vos Caudill, Pitkin County, CO
• EXHIBITA
A •
SPEN RIVER VALLEY RANCH Lot;4, Tract: 69 Section: 25 Township: 8
South, Range: 86 West of the lith P .M . A PARCEL:'OF
LAND BEING PART OF TR 69&84&BEING LOCATED IN SEC 25&36-8-
. 86 BGNNG AT A FT ONLINE 7.8 OP IR 69*HAP 8 OF TR 69 BEARS I9 .
QQ DEG 1624"E 455.63 FT TH S 00 DEO 16'24"W 269.58 FT ALNG LINE 8-7
OF TR 69 THS 49 DEG 00'00"W 355422 FT THN 00 DEG 42'191061420 .
FT THN 49 DEG 00•001E 189837 FT THN 09 DEG 23135"E 419.80 FT TUN
78 DEG 45 150t 617.60 FT TEl N 70DEG 26'57"E 620.48 FT TO POB.LES$&
EXCEPT ALL LAND CONTAINED IN RULE&ORDER AS GRANTED TO
THE COOT REC#483442 AKA PARCEL 4 .
known as No.2553 Lower River Road Snowmass CO 81654(Property).
RECEPTION# : 635707, 01/27/2017 at 09 :59 :52 AM, 1 OF 3, R $0 .00
Janice K. Vos Caudill, Pitkin County, CO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH COLORADO PARKS AND
WILDLIFE ON USE OF DEER CREEK OPEN SPACE
ORDINANCE#115-20(6
Recitals
I. WHEREAS, in 2015,Pitkin County acquired fee title to the Deer Creek Ranch for
open space and passive public recreation purposes;and
2. WHEREAS,Colorado Parks and Wildlife closely coordinates with Pitkin County
an wildlife preservation throughout the County;and
3. WHEREAS,Pitkin County recently purchased Deer Creek Open Space and
adopted and Interim Management Plan;and
• 4. WHEREAS,the Interim Management Plan has an action item to enter into an
Intergovernmental Agreement with Colorado Parks and Wildlife to lease to
Colorado Parks and Wildlife the main house;and
5. WHEREAS,Colorado Parks and Wildlife will maintain the property and
associated water rights.
NOW, THEREFORE, BE IT ORDAINED, that the Board of County
Commissioners approves in substantially the form as attached hereto the Intergovernmental
Agreement with Colorado Parks and Wildlife regarding the use and management of the
main house and surrounding open space.
INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE 23th
DAY OF SEPTEMBER,2016.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF
HE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON
M' 2016.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE
OFFICIAL PITKIN OUNTY WEBSITE(www.nitkincuunty.com)ON THE
Pi Pt OF i 2016.
ADOPTED AFTER IIML READING AND PUBLIC HEARING ON THE
WI'DAY OF ('tk' c r 2016.
RECEPTION# : 635707, 01/27/2017 at 09:59 : 52 AM, 2 OF 3,
Janice K. Vos Caudill, Pitkin County, CO
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION,IN THE
ASPEN TIMES WEEKLY ON THE 9 ie DAY OF 9f orJ .4..✓ 2016.
POSTED ON THE OFFICIAL PITMEN COUNTY WEBSITE POSTED ON THE
OFFICIA PITICIN COUNTY WEBSITE(www.nitkincounty.cam)ON THE
DAY OF 6.l r 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
BY: /. 1./' r vL/ 4-4'1 By:
""_l ,
�
leaflet/lanes Rachel E. 'ichards,Chair
Dept County Clerk
Date:/Z_or 2.6,6
APPROVED AS TO FORM: MANAGER APPROVAL
1o�enty Attorney, on Peacock,County Manager
C, /torF Ou
Gary Tannenbaum,DWector
Open Space and Trails
RECEPTION# : 635707, 01/27/2017 at 09:59:52 AM, 3 OF 3,
Janice K. Vos Caudill, Pitkin County, CO
PUBLISHED BY TITLE AND SHORT SUMMARY,TTER ADOPTION,IN THE
ASPEN TIMES WEEKLY ON THE 3'4 DAY OF .i,.,4.e r 2016.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON TIT.ri
OFFICII N COUNTY WEBSITE(www.nitkincounh•co,q)ON THE 3t
DAY OF r 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By: i i a 0 By: 1. �
inane Jones Rachel E. ict^"1hards,Chair
Deput County Clerk
Date:L2--�•.2.2
APPROVED AS TO FORM: MANAGER APPROVAL
Joh. t Attorney
�Jn}^�I^ !Y on Peacock,County Manager
Gary Tannenbaum,Director
Open Space and Trails
RECEPTION# : 635708 , 01/27/2017 at 09 :59 :53 AM, 1 OF 9, R $0 . 00
Janice K. Vos Caudill, Pitkin County, CO
INTERGOVERNMENTAL AGREEMENT
BETWEEN PITKIN COUNTY AM)COLORADO PARKS AND WILDLIFE
REGARDING THE MANAGEMENT OF DEER CREEK OPEN SPACE
THIS GOVERNMENTAL AGREEMENT (the"Agreement')is made this
'fa. day o C.z44.—bmr 2016 by and between the Board of County
Commissioners of Pitkin County,Colorado,whose address is 530 East Main Street,Aspen,
Colorado, 81611 ("the County") and Colorado Parks and Wildlife,whose address is 6060
Broadway,Denver,CO 80216("CPW").
•
RECITALS
Pitkin County, in 2015, acquired fee title to Deer Creek Ranch for open space and public
recreation purposes.
CPW is seeking housing for the Aspen Area Division Wildlife Officer.
Pitkin County Open Space and Trails has created an interim management plan for Deer Creek
Open Space.
In the interim management plan an action item to work with CPW on creating an
Intergovernmental Agreement to lease the main house and surrounding lands excepting that
portion of the property west of the Roaring Fork River.
Pitkin County and CPW have enjoyed a collaborative relationship and governmental agencies
are authorized to enter into intergovernmental agreements pursuant to,inter alia, C.R.S. §§
29.1-201,et seq.,and Article XIV,Section 18 of the Colorado Constitution.
• AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements of the parties and other good and valuable consideration, the adequacy and
sufficiency of which is hereby acknowledged,the parties agree as follows:
I. Pitkin County hereby leases for zero sum rent 17 acres of Deer Creek Open Space
to CPW for 10 years as depicted on Attachment"A"and will allow CPW to house
the Aspen Area Division Wildlife Manager in the Main House for 10 years.
Additionally,Pitkin County hereby leases the remaining portion of the property
located west of the Roaring Fork River for zero sum rent as depicted on
Attachment"A"for two years or until a full management plan is created by Pitkin
County,for purposes of allowing fishing access for the public and habitat
improvement and weed control. Together these two areas of the property leased
to CPW are collectively the"Property."
2. CPW will be allowed to upgrade the main house upon prior written consent of the
RECEPTION# : 635708, 01/27/2017 at 09 :59 :53 AM, 2 OF 9,
Janice K. Vos Caudill, Pitkin County, CO
County and shall perform all routine maintenance to maintain the main house in
habitable condition far 10 years at CPW's expense.Any alterations,improvement
or repairs shall be made in a satisfactory and workmanlike manner. CPW shall not
permit any lien or other encumbrance to be filed against the Property in connection
therewith,and shall indenmify the County against such liens and encumbrances.
CPW shall repair any damage to the improvements on the Property during the
terms of this Agreement.
3, CPW will submit an operating plan to the County for managing the irrigation and
irrigated lands to fully use and apply water resources to the Property. This
operating plan will be reviewed annually and the irrigation water use will be
recorded.
4. CPW will work with Pitkin County Open Space on a full management plan for the
property starting in 2018.
5. Public river access is allowed from the Rio Grande Trail to the Roaring Fork
River and will be managed by Pitkin County Open Space and Trails.
6. Pitkin County Open Space and Trails and CPW will review this agreement
annually to ensure the agreement continues to work for both entities.
7. The lease for the main house and the 17 acres can be extended beyond ID-years
by written consent of both parties.
8. CPW 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.
9. CPW shall not pledge mortgage or cause any lien to be recorded against the
Property during the term of this lease.
10.CPW shall not construct any building or improvement on the Property without the
County's written consent
II,CPW shall not dispose of trash garbage rubbish or refuse on the Property.
12.CPW shall not permit any commercial activity on the Property.
13.CPW accepts the Property in its present condition and state of repair without any
warranties or representations of any nature whatsoever by the County except as
required by C.R.S. §38-12-503. CPW hereby acknowledges that it has inspected
the Property,and fixtures and that the same are in good condition and suitable for the
use intended.CPW further acknowledges that repairs are needed to the structures on
RECEPTION# : 635708, 01/27/2017 at 09: 59 :53 AM, 3 OF 9,
Janice K. Vos Caudill, Pitkin County, CO
the Property and that CPW will work to bring the structures up to applicable building
and fire codes.
14.The County may at reasonable times and upon twenty-four(24)hours'notice enter
the Property for purposes of inspection and repair.
II CPW shall have quiet enjoyment of the Property during the teen hereof,provided
however,that the County shall not be responsible for any disturbances caused to
CPW as a result of actions not directly attributable to County.
16. CPW hereby agrees to and does indemnify and hold the County harmless from and
against any and all claims,'demands,causes,judgments or liability for any losses
or damage to any property of,or any injury or death to,any persons in or about the
Property during the term of this Agreement,including,but not limited to CPW and/or
its tenant,CPW's and/or its tenant's family,agents,servants,guests,licensees,or
invitees;and further,CPW shall indemnify the County for any payments,expenses,
costs or attorney fees incurred by the County as a result of such losses,
damages,injury or death.
17.CPW agrees to obtain insurance to cover the improvements on the Property against
all losses at a value estimated to allow for the replacement of any damage or
destroyed improvements.CPW further commits to obtain insurance to protect the
County against any loss due to injury or property damage suffered by any members
of the public or guests or invitees present on the Property. The terms and quality
of insurance coverage to be approved by the County before possession is taken of
the Property.
18.The County is not responsible for any damage to CPW's and/or its tenant's personal
property kept or stored on the Property.For that reason,CPW must obtain insurance
to protect its personal property.CPW is in breach of this Agreement if CPW fails to
obtain personal property insurance.Any personal property left on or in the Property
after CPW has vacated is considered abandoned.The County may dispose of this
property in any manner without notice to CPW.
19.This agreement is not assignable by either party.
20.This Agreement may be changed or modified only in writing by an agreement
approved by the County and CPW and signed by authorized officers of each party.
This Agreement constitutes the entire Agreement between the parties and all
other promises and agreements relating to the subject of this Agreement, whether
oral or written,are merged herein.
21.Should any one or more sections or provisions of this Agreement be judicially
adjudged invalid or unenforceable, such judgment shall not affect, impair, or
invalidate the remaining provisions of this Agreement,the intention being that the
various sections and provisions hereof are severable.
22.Any notice required or permitted under this Agreement shall be in writing and shall
RECEPTION# : 635708, 01/27/2017 at 09: 59:53 AM, 4 OF 9,
Janice K. Vos Caudill, Pitkin County, CO
be hand-delivered or sent by registered or certified regular mail,postage pre-paid to
the addresses of the parties as follows.Each party by notice sent under this paragraph
may change the address to which future notices should be sent.Electrode delivery of
notices shall also be deemed sufficient and considered delivered upon receipt of
confirmation of delivery on the part of the sender.
Notice to CPW:
Colorado Parks and Wildlife
Northwest Regional Office
711 Independent Ave.
Grand Jct.CO 81505
ron.velarde@state.co.us
Notice to Pitkin County:
Gary Tennenbaum,Director
Pitkin County Open Space and Trails
806 W.Hallam Street
Aspen,CO 81611
gary.tennenbaum(a)pitkincounty.com
With Copies to:
Pitkin County Attorney's Office
123 Emma Road,Suite 204
Basalt,CO 81621
johaely@pitldncounty.com
23.The parties agree and understand that both parties are relying on and do not waive,by
any provisions of this Agreement, the monetary limitations or terms or any other
rights, immunities, and protections provided by the Colorado Governmental
Immunity Act,C.R.S.24-10-101,et seq.,as from time to time amended or otherwise
available to the parties or any of their officers,agents,or employees.
24.The parties acknowledge and agree that any payments provided for hereunder or
requirements for future appropriations shall constitute only currently budgeted
expenditures of the patties.The parties' obligations under this Agreement are subject
to each individual party's annual right to budget and appropriate the sums necessary
to provide the services set forth herein. No provision of this Agreement shall be
construed or interpreted as creating a multiple fiscal year direct or indirect debtor
other financial obligation of either or both parties within the meaning of any
constitutional or statutory debt limitation.This Agreement shall not be construed to
pledge or create a lien on any class or source of either parties'bonds or any
obligations payable from any class or source of each individual party's money.
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Janice K. Vos Caudill, Pitkin County, CO
25.The rights and obligations of the parties under this Agreement shall be binding upon
and shall inure to the benefit of the parties and their respective surrnsors and assigns.
26,This Agreement shall be construed according to the laws of the State of Colorado,
and venue for any action shall be in the District Court in and for Pitkin County,
Colorado.Each party to this Agreement shall have standing to bring an action to
enforce the terms of this Agreement in District Court,including an action for
specific performance and injunctive relief.
27.In the event that legal action is necessary to enforce any of the provisions of this
Agreement,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 attorney's fees.
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin
County,Colorado at its regular meeting held on the Sad` day of r
,2016The _,gyp
foregoing
Agreement is approved by Colorado Parks and Wildlife the Y" day of_
In Witness whereof,the parties hereto have caused this agreement to be executed as of
the day and year first above written.
COLORADO PARKS AND WILDLIFE
By: A
[Title-)
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
13— di 04) By: tiata-ateak tryni
leaner ones Ch
/ Rachel E.Richards, air
Dep = County Clerk
Date:
APPROVED AS TO FORM:
By: -
Johny Attorney
�" (Signatures continued on next page)
RECEPTION# : 635708, 01/27/2017 at 09:59 :53 AM, 6 OF 9,
Janice K. Vos Caudill, Pitkin County, CO
i
25.The rights and obligations of the parties under this Agreement shall be binding upon
and shall inure to the benefit of the parties and their respective successors and assigns.
26.This Agreement shall be construed according to the laws of the State of Colorado,
and venue for any action shall be in the District Court in and for Pitkin County,
Colorado.Each party to this Agreement shall have standing to bring an action to
enforce the terms of this Agreement in District Court,including an action for
specific performance and injunctive relief.
(
27.1n the event that legal action is necessary to enforce any of the provisions of this :
Agreement,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 attorney's fees. il
The foregoing Agreement is approved by the Board of County Cotrppispio ers of Pitkin
County,Colorado at its regular meeting held on the Zit day of (7&I-py.dr
,2016
The foregoing Agreement is approved by Colorado Parks and Wildlife the . day of_
Litt. 2016.
In Witness whereof,the parties hereto have caused this agreement to he executed as of
the day and year first above written.
I
COLORADO PARKS AND WILDLIFE
By: Ni rnr,L 1fjn tcA
71W. Reg v'J 1Yracy,„[Title]
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
BP' I/n% di, f) By: -Pat 443
le Jones Rachel E.Richards,Milk
Depuf County Clerk ' it
Date: 11-do-Jfe
is
APPROVED AS TO FORM:
By: -
John tty Attorney
(Signatures continued on next page)
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Janice K. Vos Caudill, Pitkin County, CO
MANAGER APPROVAL: OPEN SPACE&TRAILS
By:
Manager
Jon Peacock,County Gary
Tannenbaum,Director
RECEPTION4: 635708, 01/27/2017 at 09:59:53 AM, 8 OF 9,
Janice K. Vos Caudill, Pitkin County, Co
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RECEPTION# : 635708, 01/27/2017 at 09:59 :53 AM, 9 OF 9,
Janice K. Vos Caudill, Pitkin County, CO
•
• EXHIBIT A •
ASPEN RIVER VALLEY RANCH Lot;4, Tract: 69 Section: 25 Township: 8
South, Range: 86 West of the 6th P. M . A PARCEL'OF
LAND BEING PART OF TR69&84&BEING LOCATED IN SEC 25&36-8-
80 EGNNG AT A FT ONLINE 7.8 OF TR 69 WFIAP 8 0p,TR 69 BEARS N
00 DEG 16124"E 455.63 FT TH S 00 DEG 16241`W 269.58 Fr ALNG LINE 8.7
OF TR 69 THS 49 DEG 00DO"W 355492 FT THN 00 DEG 42119"W 614.20
FT THN 49 DEG 000TE 189837 FT MN 09 DEG 23'35 BE 419.80 FT TH N
18 DEG 45'506E 617.60 Fr THN 70 DEG 26'57"E 620.48 FT TO POE,LESS&
EXCEPT ALL LAND CONTAINED IN RULE&ORDER AS GRANTED TO
THE COOT REC#483442 AKA FARCE' 4
known as No.2553 Lower River Road Snowmass CO 81654(Property).