HomeMy WebLinkAboutbocc.con.158.2021 - BOCC RECEPTION#: 679613, R: $0.00, D: $0.00, 08/1812021 at 12:51:51 PM, Pgs 1 of 12, Janice K.Vos Caudill, Pitkin County, CO
Contract No. 158.2021
Attached
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,AUTHORIZING THE ACCEPTANCE OF A LEASE
AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION OF
STATE HIGHWAY RIGHT OF WAY ADJACENT TO PENNY HOT SPRINGS
ORDINANCE NO. 022-2021
RECITALS
WHEREAS, Pursuant to 30-35-301 C.R.S.,the Board of County Commissioners ("BOCC") of
Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for
carrying into effect or discharging the powers and duties conferred upon such counties by law
and as seems necessary, and
WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"),the BOCC is
authorized to take official action by Ordinance for certain matters where action is prescribed
pursuant to the Colorado Revised Statutes as amended, and
WHEREAS, The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails resources,
and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds,
and
WHEREAS, Pitkin County acquired Penny Hot Springs from CDOT in 1991, and,
WHEREAS, State Highway 133 runs adjacent Penny Hot Springs and is used by the public to access
this County Open Space, and
WHEREAS, the Penny Hot Springs Management Plan proposes that the Open Space Department is
best equipped to manage open space access activity that occurs at the"pull out"above the hot springs,
and
WHEREAS,the Open Space Department and CDOT have agreed on the form of a 20 year lease that
would give the Open Space Department jurisdiction to manage public uses and related facilities within
a defined portion of the right of way adjacent the hot springs,
WHEREAS,the Pitkin County Open Space and Trails Board unanimously approved the Penny Hot
Springs Management Plan(2020)which anticipates this lease, and
WHEREAS, The BOCC finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore
declares this ordinance and legislation to be effective immediately upon adoption, and
WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens
of Pitkin County.
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NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance Authorizing a 20 year lease with the
Colorado Department of Transportation which will allow the Open Space and Trails Department
to manage public use and related facilities within a defined area adjacent the North Star Nature
Preserve, and authorizes the Chair or the Chair's designee to sign the Ordinance and upon the
satisfaction of the County Attorney as to form, execute any other associated documents
necessary to complete this matter.
INTRODUCED AND FIRST READ ON THE 28th DAY OF APRIL, 2021 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 12th DAY OF MAY 2021.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 29TH DAY OF
APRIL, 2021.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com)ON THE 29TH
DAY OF APRIL 2021.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 12TH DAY OF
MAY 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 20TH DAY OF MAY, 2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com )ON THE 13TH DAY OF MAY, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By ,)t-atn t.tt, .}61n t-S By: �... —
Jeanette Jones Kelly McNicholas Kurya Chair
Deputy County Clerk
Date: May-18-2021
APPROVED AS TO FORM: MANAGER APPROVAL
5oh� Ell P4iS
John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager
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PROPERTY MGMT.NO. O J ZO g
NO:PROJECT:S 0163(3)
LOCATION: SH 133
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT made and entered into this N day of ''\€ .201k,by
and between the State of Colorado acting by and through the Colorado Department of Transportation.
COOT, hereinafter referred to as "Lessor", and Board of County Commissioners of Pitkin County.
Colorado hereinafter referred to as"Lessee'.
WITNESSETH:
NOW.THEREFORE,in consideration of the mutual promises contained herein,the parties hereto agree
as follows:
1. PREMISES,Lessor hereby leases and demises unto Lessee the Premises,hereinafter referred
to as the"Premises",located at SH 133 situated in Section 33,Township 9 South,Range 88 West,of
the 6"-P.M.,Pitkin County. The Premises,known and described as Parcel L-28 and 29 Rev.&WRNF,
of Project S 0163(3J includes approximately 98,855 square feel(2.269 acres)of land area.The leased
Premises being as shown on the plat attached hereto and described in the legal description attached
and made a part hereof and marked"Exhibit
2. TERM.The initial term of this lease shall be for a period of twenty(20)years,beginning on
June 15,2021,and ending on June 14,2041,subject to the renewal,cancellation and termination
provisions herein.In the event Lessee satisfies each and every duty and obligation to be performed
by Lessee under this Lease Agreement,Lessor hereby grants to Lessee the option to extend the
term of the Lease for three(3)additional five(5)year periods,each commencing when the prior
term expires. In order to exercise its option to extend this Lease as aforesaid,Lessee shall give
Lessor no less than ninety(90)days advance notice to Lessee's intent to extend the term of this
Lease.
3. RENT.Lessee shall pay$250.00 per term as rent on the first of the term during the term hereof.
Payments shall be made payable to the Colorado Department of Transportation at:
Colo.Dept.of Transportation
C/a Accounting Receipts&Deposits
2829 W.Howard Pl.,5' Floor
Denver.CO 80204
or at such place as Lessor from time to lime designates by notice as provided herein.
In the event Lessor has not received the rental installment hereunder an or before the tenth(f0)day of
the month when due,a late charge of five percent(5%)of the total installment will be assessed to the
Lessee for that month and each succeeding month the payment is not received on or before the 10th day
of that month. In the event the Lessee fora rental installment tenders a check,and it is returned to
Lessor for insufficient funds,Lessee agrees to pay administrative charges to Lessor of Twenty Dollars
($20.00). Both Lessor and Lessee agree that acceptance by the Lessor of the late payment does not
waive Lessor's right to declare Lessee in default of this Lease Agreement.
4. USE. It is understood and agreed that the Lessee intends to use the Premises only for public_
parking for nearby recreational areas for Penny Hot Sprifl s. The Premises may not be used for any
other purpose without the specific written prior permission of the Lessor. Any other use of the Premises
shall constitute material breach of This Lease and may cause this lease to terminate immediately al the
Lessor's option.
5. TAXES,UTILITIES,MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that
this Lease shall be an absolute Net Lease with respect to Lessor,and that all taxes,assessments,
insurance,utilities and other operating costs and the cost of all maintenance,repairs,and improvements,
and all other direct costs,charges and expenses of any kind whatsoever respecting the Premises shall be
borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced,offset or
diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair
and in tenable condition free of trash and debris during the term of this lease. Lessor shall have the right
to enter the Premises at any time for the purpose of making necessary inspections.
6. HOLD HARMLESS. The Lessee shall save,indemnify and hold harmless the Lessor and FHWA
for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the
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7. OWNERSHIP, The State of Colorado is the owner or the Premises.Lessor warrants and
represents himself to be the authorized agent at the State of Colorado for the purposes of granting this
Lease.
8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised
Premises without specific written permission of the Lessor and will not permit the use of said Premises to
anyone,other than Lessee,its agents or employees,without the prior written consent of Lessor.
9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation,execution and enforcement of this Lease. Any provision of
this Lease,whether or not incorporated herein by reference,which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws,rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant,defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent
that this agreement is capable of execution.
10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of
the term of this Lease,Lessor has the right to cancel the lease without liability by giving the Lessee
90•day written notice of its intention to cancel the Lease. The notice shall be hand delivered,posted on
the Premises,or sent to the Lessee,at the address of the Lessee contained herein by Certified Mail,
return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor, 90-day
written notice of their intent to do so.
11. COMPLETE AGREEMENT. This Lease,including all exhibits,supersedes any and all prior
written or oral agreements and there are no covenants,conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition,deletion,or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal,addition,deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
12, CAPTIONS,CONSTRUCTION,AND LEASE EFFECT. The captions and headings used in this
Lease are for identification only,and shall be disregarded in any construction of the lease provisions. All
of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs,
successors,and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be
determined to be invalid,illegal,or without force by a court of law or rendered so by legislative act then
the remaining provisions of this Lease shall remain in full force and effect.
13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge,no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
14. NO VIOLATION OF LAW. The Lessee shall not commit,nor permit the commission of,any actor
thing,which shalt be a violation of any ordinance of the municipality,City,County,or of any law of the
State of Colorado or the United Slates. The Lessee shall not use the Premises for any manner,which
shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with
18-8-301,et seq..(Bribery and Corrupt Influences)and 18-8-401,et seq.,(Abuse of Public Office),
C.R.S.,as amended,and that no violation of such provisions is present. The signatories aver that to their
knowledge,no state employee has any personal or beneficial interest whatsoever in the service or
property described herein.
15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail,return receipt requested,to the party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S.Mail Depository with sufficient postage
attached thereto:
LESSOR: LESSEE:
Colo.Dept.of Transportation Board of County Commissioners of Pitkin County
Property Management Manager 530 E.Main Street,Suite 302
2829 W.Howard Pl.,4'"Floor Aspen,CO 81611
Denver,Colorado 80204 970.920.5200
Notice of change of address shall be treated as any other notice. The Lessee warrants that the address
listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of
any changes in that address within ten(10)days of such change.
16. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the
expiration or sooner termination of this Lease,the Lessee becomes a Holdover Tenant and shall be a
month-to-month Lessee subject to all the laws of the Stale of Colorado applicable to such tenancy. The
rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of
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the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other
party at least thirty(30)days written notice prior to termination of this holdover tenancy.
17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been
approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
18, HAZARDOUS MATERIALS. The Lessee agrees to defend.indemnify-and hold harmless the
Lessor and any employees,agents,contractors,and officials of the Lessor against any and all damages,
claims,liability,loss,fines or expenses,including attomey's fees and litigation costs,related to the
presence,disposal,release or clean-up of any contaminants,hazardous materials or pollutants on.over.
under,from or affecting the property subject to this Lease,which contaminants or hazardous materials
the Lessee or its employees,agents,contractors or officials has caused to be located,disposed,or
released on the property. The Lessee shall also be responsible for all damages,claims and liability to the
soil,water,vegetation,buildings or personal property located thereon as well as any personal injury or
property damage related to such contaminants or hazardous materials.
19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the Premises by the Lessee without the
express written prior permission of the Lessor. Any such structure or improvement erected or moved
upon the Premises without the express written consent of the Lessor may be immediately removed by the
Lessor at the expense of the Lessee. Further,any structures,improvements or items of any kind
remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee
and may be immediately removed by Lessor at the Lessee's expense.
20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the
partners,heirs,executors,administrators,and successors of the respective parties hereto.
21. DEFAULT. If:(1)Lessee shall fail to pay any rent or other sum payable hereunder for a period of
10 days after the same is due:(2)Lessee shall fail to observe,keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and
such default continues for a period of 30 days after notice by Lessor;(3)This Lease or any interest of
Lessee hereunder shall be levied upon by any attachment or execution,then any such event shall
constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee
hereunder,Lessor may,at its option and without any further notice or demand,in addition to any other
rights and remedies given hereunder or by law,do any of the following:
(a)Lessor shall have the right,so long as such default continues,to give notice of termination to
Lessee. On the date specified in such notice(which shall not be less than 3 days after the giving of such
notice)this Lease shall terminate.
(b)In the event of any such termination of this Lease, Lessor may then oral any time thereafter,
re-enter the Premises and remove there from all persons and property and again repossess and enjoy the
Premises,without prejudice to any other remedies that Lessor may have by reason of Lessee's default or
of such termination.
(c)The amount of damages which Lessor may recover in event of such termination shall include,
without limitation,(1)the amount at the time of award of unpaid rental earned and other sums owed by
Lessee to Lessor hereunder,as of the time of termination,together with interest thereon as provided in this
Lease,(2)all legal expenses and other related costs incurred by Lessor following Lessee's default including
reasonable attorneys'fees incurred in collecting any amount owed hereunder(3) any damages to the
property beyond its present condition.
(d)Upon the Lessee's failure to remove its personal property from the Premises after the expiration
of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee,
remove,sell or dispose of any and all personal property located on the Premises. Lessee waives all claims
for damages that may be caused by Lessor's removal of property as herein provided,
22,INSURANCE. (Revised 2006 per State Controller Requirements)
(a) The Lessee shall obtain and maintain, at all times during the duration of this Lease,
insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for
Them on the Premises to obtain like coverage. The following insurance requirements must be in effect
during the entire term of the Lease, Lessee shall,at its sole cost and expense, obtain insurance on its
inventory,equipment and all other personal property located on the Premises against loss resulting from
fire,theft or other casualty.
(b) Workers'Compensation Insurance as required by State statute,and Employer's Liability
Insurance covering all employees acting within the course and scope of their employment and work on
the activities authorized by this Lease in Paragraph 4,
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(c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10193
or equivalent,covering Premises operations,fire damage,independent Consultants,blanket contractual
liability,personal injury,and advertising liability with minimum limits as follows:
1. $1,000,000 each occurrence:
2. $2,000,000 general aggregate;
3. $50,000 any one fire.
If any aggregate limit is reduced below,$1,000,000 because of claims made or paid,the Lessee,
or as applicable,its Contractor,shall immediately obtain additional insurance to restore the full
aggregate limit and furnish to COOT a certificate or other document satisfactory to COOT
showing compliance with this provision.
(d) If any operations are anticipated that might in any way result in the creation of a pollution
exposure,Lessee shall also provide Pollution Legal Liability insurance with minimum limits of liability of
$1,000,000 Each Claim and$1.000.000 Annual Aggregate. CDOT shall be named as an Additional
Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form,with an
extended reporting period of at least two year following finalization of the Lease.
(e) Umbrella or Excess Liability Insurance wilh minimum limits of$1,000,000. This policy
shall become primary(drop down)in the event the primary Liability Policy limits are impaired or
exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary.
The following form Excess Liability shall include COOT as an Additional Insured,
(f) COOT shall be named as Additional Insured on the Commercial General Liabilily
Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance
program carried by the State of Colorado.
(g) The Insurance shall include provisions preventing cancellation or non-renewal without at
least 30 days prior notice to COOT by certified mail to the address contained in this document.
(h) The insurance policies related to the Lease shall include clauses stating That each carrier
will waive all rights of recovery,under subrogation or otherwise,against COOT,its agencies,institutions,
organizations,officers,agents,employees and volunteers.
(i) All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to COOT.
(j] In order for this lease to be executed,the Lessee,or as applicable,their Contractor,shall
provide certificates showing insurance coverage required by this Lease to COOT prior to the execution of
this lease. No later than 30 days prior to the expiration date of any such coverage,the Lessee or
Contractor shall deliver to the Notice Address of COOT certificates of insurance evidencing renewals
thereof. At any time during the term of this Lease,COOT may request in writing,and the Lessee or
Contractor shall thereupon within 10 days,supply to COOT,evidence satisfactory to COOT of compliance
wilh the provisions of this section,Insurance coverage must be in effect or this lease is in default,
(k) Notwithstanding subsection(a.)of this section,if the Lessee is a"public entity"within the
meaning of the Colorado Governmental Immunity Act CRS 24-10-101.el seq.,as amended("Act'),the
Lessee shall at all times during the term of this Lease maintain only such liability insurance,by
commercial policy or self-insurance,as is necessary to meet its liabilities under the Act. Upon request by
COOT,the Lessee shall show proof of such insurance satisfactory to COOT. Public entity Lessees are
not required to name COOT as an Additional Insured.
(I) If the Lessee engages a Contractor to act independently from the Lessee on the Premises,
that Contractor shall be required to provide an endorsement naming COOT as an Additional insured on
their Commercial General Liability,and Umbrella or Excess Liability policies.
23. ADDITIONAL PROVISIONS.
a) Lessee shall not use the Leased Premises nor allow any other party to use the Leased Premises
for any purpose not specifically authorized by this Lease Agreement or for any purpose prohibited by
any entity or jurisdiction having authority over uses conducted on the Leased Premises.
b) Lessee shall ensure that Lessee's use and occupancy of the Leased Premises shall not interfere
with Lessor's use of the adjoining State highway right of way or wilh the installation,operation,
maintenance and repair of any utilities,drainage or irrigation facilities located on,above,over.
under,through,across or adjacent to the Leased Premises.
c) Utilities may exist on,along,over,under,through,or across the Leased Premises. Lessee shall
locate and protect all such utilities prior to implementing any alteration to the Lease Premises.
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Lessor shall not be responsible or liable for any utilities repair or relocation expenses arising from
Lessee's use and occupancy of the Leased Premises. In the event Lessee desires to relocate
any utility located within the Leased Premises,such utility relocation must first be authorized by
appropriate permits issued by the CDOT Region 3 Permits Office.
d) This Lease does not obligate Lessee to make any modification or alterations to the Leased
Premises;however,this Lease does obligate Lessee to,and Lessee agrees to,keep the Leased
Premises clean and safe,in good order and repair,and in a condition reasonably comparable to
or better than the condition in existence as of the day and year first above written,
e) The Lessee is hereby authorized to make infrastructure improvements and allow Open Space
and Trails to enforce regulations as may relate to parking and allowable activities and described
in Exhibit B. Excepting the foregoing authorization,the Lessee shall not modify or alter the
Leased Premises without Lessor's prior written approval. Prior to requesting Lessor's approval of
any modification or alterations to the Premises,Lessee shall submit to Lessor a site plan and/or
construction drawing depicting and describing all proposed modifications and/or alterations. Any
approval(s)given by Lessor shall be subject to and contingent upon full and complete compliance
by Lessee of any and all conditions and/or stipulations required by Lessor. Lessee agrees that
any approvals given by Lessor shall not operate to transfer any liabilities or responsibilities to
Lessor;all modifications and alterations to the Premises shall be at Lessee's sole and absolute
risk. In all circumstances.Lessee's work and act of modifying or altering the premises shall be
performed with the highest standard of care to ensure such work and act shall not cause damage
to the Premises,to Lessor's adjacent highways,to any utility,to any irrigation facility,to any trees
or to the property of any other party. Lessee's work and act of modifying or altering the Premises
shall be subject to Lessee obtaining all appropriate permits from any authority having jurisdiction
to approve such work. Further,Lessee shall and agrees to save,i o araify and hold Lessor
harmless for any liability for damages or loss to persons or property resulting from activities from
such work and shall name Lessor as art additional insured party on its insurance policy. Proof of
the contractor's insurance must be provided to Lessor prior to any work being conducted on the
Premises.
f) Lessee shall have the authority to create and enforce rules and regulations that it considers to be
consistent with the use of the facility for parking and river access. Enforcement may include but
is not limited to parking areas,including vehicle ticketing and towing,signage and adherence Title
12 rules. Rules must be approved by Lessor and are included as outlined in"Exhibit B"of this
lease and in accordance to the Pitkin County.Title 12 Open Space and Trails Regulations
adopted March 11,2020 Ordinance No 008.2020;and the Penny Hot Springs Management Plan
adopted by the Open Space and Trails Board March 2020.Any amendments to those
agreements,rules and regulations as outlined in"Exhibit B"will be provided to Lessor and subject
to review and approval.
•
g) Lessor and contractors,Geovort and Johnson Construction(wall subcontractor)will be allowed
access as needed and will be utilizing a portion of the Leased Premises as a staging area for all
of the wall material from to June 2021 through October 2021 as part of CDOT SH-133.Project
#23182 a Rockfall Mitigation Project.
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IN WITNESS WHEREOF,the parties hereto have execuled this lease agreement on the day and year first
above written.
LESSEE
Chair, Board of County Commissioners L'
f4 i SEAL • Board of County Commissioners -;
#:
, of Pitkin County
q
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(If Cof anon) By 1ld ,.rr r�e N, tr r e.Z r1.S. 41`=�/
Atteb`t(S al)
•
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By__i 4.,i%4'l ,, _ •) -li' C 1
—
+ Secretary Federal Tax Identification Number
STAT OF COLORADO
)ss
COUNTY OF )
�# ! I
The pre Ding inslrurn nt Yras subs Abed acids worn to, tore me this ` day of if/Ai �i�� (
by -04��/`_/f 'f/Lh�2u)�( 4_as icf y� and ested to by
�•r'L!t-K:5 c itX;`� as LT ,1 L .F•t r�1Lr�� of the Board of County
Commissioners of Pitkin County,Colorado,
Witness my hand and official seal,
My commission expires i;2- .,C:• LC:1�`i _ --
Notary Public
Address: 2829 W.Howard Pl.
Denver CO 80204
LESSOR:
ATTEST: COLO:•D• •EPAR IENT F
TRA P♦•TATIO
cal... cly_k_otite\a_
A& .- A 7
Alicia Clemons Stephen H. elson, •,
Chief Clerk—Property Management Chief Engineer
JULIA ELY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 0204045291
MY COMMISSION EXPIRES December 30,2024
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CDO"T Project Number:S 0163(3)
Parcel Number:L-28& 29 Rev.&WRNF
August 31,2020
Legal Description
Penny Hot Springs Lease Area
A Lease Parcel within the State Highway 133 Right-of-Way as shown on the Colorado Department of
Highways ROW Plans,Project No.S 0163(3),and lying within the S W 1/4 of Section 33,Township 9
South,Range 88 West of the 6"'P.M.,Pitkin County,State of Colorado,said parcel being fully
described as follows:
COMMENCING at a found Department of Highways ROW Marker, a 3.25" a Brass Monument in a
concrete post, as shown in Colorado Department of Highways Federal Aid Project Number S 0163(3)
Right of Way Plans,at Station 586+00 Left,thence N 06°37'00"W,along the existing easterly right-of-
way line of State Highway No. 133 (August 2020),a distance of 670.34 feet,to the TRUE POINT OF
BEGININNINC;
Thence N 06°37'00"W,along said right-of-way line,a distance of 429.66 feet,to Parcel X,as described
in that document,Reception Number 327356,Book 632,at Page 547,filed with the Clerk and County
Recorder,County of Pitkin,State of Colorado; _
Thence S 83°23'00"W,along said right-of-way line,a distance of 10.00 feet;
Thence N 06°37'00"W,along said right-of-way line,a distance of I49.80 feet;
Thence N 83°19'30"E,along said right-of-way line,a distance of 50.00 feet;
Thence N 08°45'30"W.along said right-of-way line,a distance of 310.80 feet;
Thence N 09°32'00"E,along said right-of-way line,a distance of4I.90 feet,to Parcel 28,as
described in that document,Reception Number 110978,Book 193,at Page 211,filed with the
Clerk and County Recorder,County of Pitkin,State of Colorado;
Thence N 09°32'00"E,along said right-of-way line,a distance of 78.40 feet;
Thence along said right-of-way line,a distance of 237.20 feet,along a curve to the left,having a
radius of 1514.30 feet,a central angle of 8°58'29",the chord of which bears N 21°37'00"W,a
distance of 236.96' feet,to the West line of the NE1/4SWI/4 of said Section 33;
Thence S 00°00'00"E,along the West Line of the NE1/4SW 1/4 of said Section 33,a distance of
138.70 feet,to Parcel 29 Rev.as described in that document,Reception Number 112567,Book
196,at Page 158,filed with the Clerk and County Recorder,County of Pitkin,State of Colorado;
Thence S 00°00'00"E,along the West Line of the NE1/4SW1/4 of said Section 33,a distance of
58.18 feet,to the existing easterly right-of-way line of State Highway No. 133(August 2020);
Thence along said right-of-way line,a distance of 420.97 feet,along a curve to the left,having a
radius of 1439.19 feet,a central angle of 16°45'34",the chord of which bears N 27°41'44"W,a
distance of 419.47 feet;
Thence S 53°36'07"W a distance of 59.34 feet,to the existing easterly edge of pavement of
Colorado State Highway 133;
Thence along said edge of pavement,a distance of 717.01 feet along a curve to the left,having a
radius of 1392.50 feet,a central angle of 29°30'08",the chord of which bears S 21°19'14"E,a
distance of 709.12 feet;
RECEPTION#: 679613, 08/18/2021 at 12:51:51 PM, Pgs 10 of 12,Janice K.Vos Caudill, Pitkin County, CO
Thence along said edge of pavement,S 06°34'10"E a distance of 715,00 feet,to the East line of
the Carbonite Millsite,Mineral Survey Number 5443-B,as shown as Parcel 29A in Colorado
Department of Highways Federal Aid Project Number S 0163(3)Right of Way Plans;
Thence N 83°23'00"E a distance of 45.14 feet,to the easterly right-of-way line of State Highway
No 133 (August 2020),at the TRUE POINT OF BEGININNING.
The above described Lease Parcel L-28 & 29 Rev, & WRNF contain 2.269 acres (98,856 square feet),
more or less.
Basis of Bearings: All bearings recited herein are based on a bearing S. 83'27'35" W., from a found
Department Highways ROW Marker,a 3,25"Brass Monument in a concrete post,at Station 586+00 Left,to
a found Department Highways ROW Marker,a 3.25"Brass Monument in a concrete post,at Station 586+00
Right,as shown in as shown in Colorado Department of Highways Federal Aid Project Number S 0163(3)
Right of Way Plans.
Legal description created by:
-�pQA04!!CF`+�+
Richard A. Harrison .�
Colorado PLS P38180 • 'a
For,and on behalf of Pitkin County and SGM Inc. i eta 381 t+ 4 i
f•�� 2 42/2e l ortt,
VQNAI IANQ..-
RECEPTION#: 679613, 08/18/2021 at 12:51:51 PM, Pgs 11 of 12,Janice K.Vos Caudill, Pitkin County, CO
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RECEPTION#: 679613, 0811812021 at 12:51:51 PM, Pgs 12 of 12,Janice K.Vos Caudill, Pitkin County, CO
EXHIBIT B
a. Enforcement of the lease area including parking.
The tease area would be subject to Title 12 of the Pitkin County Code, as amended; as
well as the Penny Hot Springs Management Plan (as amended). Title 12 outlines the
rules and regulations for the public use of Open Space and Traits properties.
Applicable current Management Plan and Title 12 rules and regulations include, but
are not limited to, the identification of allowed uses as well as prohibited activities
including prohibiting dogs, camping/fires, glass, audible music, littering/waste
disposal, disorderly conduct, and hazardous activities, and encouraging resource and
wildlife protection.
OST would like to place regulatory signage for the parking area and the use of the hot
springs upon the approval of the lease agreement (to include two 12x12-inch signs on a
6x6 wooden post); additional signage would be addressed in partnership with CDOT as
a part of the site plan prior to construction. Below is an example of the regulatory
signage that is anticipated:
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b. Improve the parking area and river access.
DST will begin work on designing a site plan in 2021 and will submit the plan to CDOT
for approval by the Resident Engineer and Property Management prior to any
construction. Potential improvements include: formalization/organization of parking
spaces, defining the egress/ingress from the highway, a multi-use trail running north-
south, installation of interpretive and regulatory signage, recreational amenities such
as bike racks (accommodating 5-10 bicycles), fences, walls, and a port-a-potty
enclosed within a shelter, defined access route down to the river and revegetation of
riprap slopes.
RECEPTION#: 679622, R: $0.00, D: $0.00, 08/18/2021 at 01:57:11 PM, Pgs 1 of 10,Janice K.Vos Caudill, Pitkin County, CO
Contract No. 158.2021
PROPERTY MGMT.NO. O J 2. g
NO:PROJECT:S 0163(3)
LOCATION: SH 133
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT made and entered into this N day of 3_f1e_ .201k,by
and between the State of Colorado acting by and through the Colorado Department of Transportation.
COOT, hereinafter referred to as "Lessor", and Board of County Commissioners of Pitkin County,
Colorado hereinafter referred to as"Lessee'.
WITNESSETH:
NOW,THEREFORE,in consideration of the mutual promises contained herein,the parties hereto agree
as follows:
1. PREMISES,Lessor hereby leases and demises unto Lessee the Premises,hereinafter referred
to as the"Premises",located at SH 133 situated in Section 33,Township 9 South,Range 88 West,of
the bee P.M.,Pitkin County. The Premises,known and described as Parcel L-28 and 29 Rev.&WRNF,
of Project S 0163(3J includes approximately 98,855 square feel(2.269 acres)of land area.The leased
Premises being as shown on the plat attached hereto and described in the legal description attached
and made a part hereof and marked"Exhibit X.
2. TERM.The initial term of this lease shall be for a period of twenty(20)years,beginning on
June 15,2021,and ending on June 14,2041,subject to the renewal,cancellation and termination
provisions herein.In the event Lessee satisfies each and every duty and obligation to be performed
by Lessee under this Lease Agreement,Lessor hereby grants to Lessee the option to extend the
term of the Lease for three{3)additional five(5)year periods,each commencing when the prior
term expires, In order to exercise its option to extend this Lease as aforesaid,Lessee shall give
Lessor no less than ninety(90)days advance notice to Lessee's intent to extend the term of this
Lease.
3. RENT.Lessee shall pay$250.00 per term as rent on the first of the term during the term hereof.
Payments shall be made payable to the Colorado Department of Transportation at:
Colo.Dept.of Transportation
C/a Accounting Receipts&Deposits
2829 W.Howard Pl.,5' Floor
Denver.CO 80204
or at such place as Lessor from time to lime designates by notice as provided herein.
In the event Lessor has not received the rental installment hereunder an or before the tenth(f0)day of
the month when due,a late charge of five percent(5%)of the total installment will be assessed to the
Lessee for that month and each succeeding month the payment is not received on or before the 10th day
of that month. In the event the Lessee fora rental installment tenders a check,and it is returned to
Lessor for insufficient funds,Lessee agrees to pay administrative charges to Lessor of Twenty Dollars
($20.00). Both Lessor and Lessee agree that acceptance by the Lessor of the late payment does not
waive Lessor's right to declare Lessee in default of this Lease Agreement.
4. USE. It is understood and agreed that the Lessee intends to use the Premises only for public_
parking for nearby recreational areas for Penny Hot Sprifl s. The Premises may not be used for any
other purpose without the specific written prior permission of the Lessor. Any other use of the Premises
shall constitute material breach of This Lease and may cause this lease to terminate immediately at the
Lessor's option.
5. TAXES,UTILITIES,MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that
this Lease shall be an absolute Net Lease with respect to Lessor,and that all taxes,assessments,
insurance,utilities and other operating costs and the cost of all maintenance,repairs,and improvements,
and all other direct costs,charges and expenses of any kind whatsoever respecting the Premises shall be
borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced,offset or
diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair
and in tenable condition free of trash and debris during the term of this lease. Lessor shall have the right
to enter the Premises at any time for the purpose of making necessary inspections.
6. HOLD HARMLESS. The Lessee shall save,indemnify and hold harmless the Lessor and FHWA
for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the
Rev.10/2019
Page 1 of 6
RECEPTION#: 679622, 08/18/2021 at 01:57:11 PM, Pgs 2 of 10,Janice K.Vos Caudill, Pitkin County, CO
7. OWNERSHIP, The State of Colorado is the owner or the Premises.Lessor warrants and
represents himself to be the authorized agent at the State of Colorado for the purposes of granting this
Lease.
8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised
Premises without specific written permission of the Lessor and will not permit the use of said Premises to
anyone,other than Lessee,its agents or employees,without the prior written consent of Lessor.
9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation,execution and enforcement of this Lease. Any provision of
this Lease,whether or not incorporated herein by reference,which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws,rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant,defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent
that this agreement is capable of execution.
10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of
the term of this Lease,Lessor has the right to cancel the lease without liability by giving the Lessee
90•day written notice of its intention to cancel the Lease. The notice shall be hand delivered,posted on
the Premises,or sent to the Lessee,at the address of the Lessee contained herein by Certified Mail,
return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor, 90-day
written notice of their intent to do so.
11. COMPLETE AGREEMENT. This Lease,including all exhibits,supersedes any and all prior
written or oral agreements and there are no covenants,conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition,deletion,or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal,addition,deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
12, CAPTIONS,CONSTRUCTION,AND LEASE EFFECT. The captions and headings used in this
Lease are for identification only,and shall be disregarded in any construction of the lease provisions. All
of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs,
successors,and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be
determined to be invalid,illegal,or without force by a court of law or rendered so by legislative act then
the remaining provisions of this Lease shall remain in full force and effect.
13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge,no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
14. NO VIOLATION OF LAW. The Lessee shall not commit,nor permit the commission of,any actor
thing,which shalt be a violation of any ordinance of the municipality,City,County,or of any law of the
State of Colorado or the United Slates. The Lessee shall not use the Premises for any manner,which
shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with
18-8-301,et seq..(Bribery and Corrupt Influences)and 18-8-401,et seq.,(Abuse of Public Office),
C.R.S.,as amended,and that no violation of such provisions is present. The signatories aver that to their
knowledge,no state employee has any personal or beneficial interest whatsoever in the service or
property described herein.
15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail,return receipt requested,to the party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S.Mail Depository with sufficient postage
attached thereto:
LESSOR: LESSEE:
Colo.Dept.of Transportation Board of County Commissioners of Pitkin County
Property Management Manager 530 E.Main Street,Suite 302
2829 W.Howard Pl.,4'"Floor Aspen,CO 81611
Denver,Colorado 80204 970.920.5200
Notice of change of address shall be treated as any other notice. The Lessee warrants that the address
listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of
any changes in that address within ten(10)days of such change.
16. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the
expiration or sooner termination of this Lease,the Lessee becomes a Holdover Tenant and shall be a
month-to-month Lessee subject to all the laws of the Stale of Colorado applicable to such tenancy. The
rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of
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RECEPTION#: 679622, 08/18/2021 at 01:57:11 PM, Pgs 3 of 10,Janice K.Vos Caudill, Pitkin County, CO
the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other
party at least thirty(30)days written notice prior to termination of this holdover tenancy.
17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been
approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
18, HAZARDOUS MATERIALS. The Lessee agrees to defend.indemnify-and hold harmless the
Lessor and any employees,agents,contractors,and officials of the Lessor against any and all damages,
claims,liability,loss,fines or expenses,including attomey's fees and litigation costs,related to the
presence,disposal,release or clean-up of any contaminants,hazardous materials or pollutants on.over.
under,from or affecting the property subject to this Lease,which contaminants or hazardous materials
the Lessee or its employees,agents,contractors or officials has caused to be located,disposed,or
released on the property. The Lessee shall also be responsible for all damages,claims and liability to the
soil,water,vegetation,buildings or personal property located thereon as well as any personal injury or
property damage related to such contaminants or hazardous materials.
19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the Premises by the Lessee without the
express written prior permission of the Lessor. Any such structure or improvement erected or moved
upon the Premises without the express written consent of the Lessor may be immediately removed by the
Lessor at the expense of the Lessee. Further,any structures,improvements or items of any kind
remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee
and may be immediately removed by Lessor at the Lessee's expense.
20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the
partners,heirs,executors,administrators,and successors of the respective parties hereto.
21. DEFAULT. If:(1)Lessee shall fail to pay any rent or other sum payable hereunder for a period of
10 days after the same is due:(2)Lessee shall fail to observe,keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and
such default continues for a period of 30 days after notice by Lessor;(3)This Lease or any interest of
Lessee hereunder shall be levied upon by any attachment or execution,then any such event shall
constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee
hereunder,Lessor may,at its option and without any further notice or demand,in addition to any other
rights and remedies given hereunder or by law,do any of the following:
(a)Lessor shall have the right,so long as such default continues,to give notice of termination to
Lessee. On the date specified in such notice(which shall not be less than 3 days after the giving of such
notice)this Lease shall terminate.
(b)In the event of any such termination of this Lease, Lessor may then oral any time thereafter,
re-enter the Premises and remove there from all persons and property and again repossess and enjoy the
Premises,without prejudice to any other remedies that Lessor may have by reason of Lessee's default or
of such termination.
(c)The amount of damages which Lessor may recover in event of such termination shall include,
without limitation,(1)the amount at the time of award of unpaid rental earned and other sums owed by
Lessee to Lessor hereunder,as of the time of termination,together with interest thereon as provided in this
Lease,(2)all legal expenses and other related costs incurred by Lessor following Lessee's default including
reasonable attorneys'fees incurred in collecting any amount owed hereunder(3) any damages to the
property beyond its present condition.
(d)Upon the Lessee's failure to remove its personal property from the Premises after the expiration
of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee,
remove,sell or dispose of any and all personal property located on the Premises. Lessee waives all claims
for damages that may be caused by Lessor's removal of property as herein provided,
22,INSURANCE. (Revised 2006 per State Controller Requirements)
(a) The Lessee shall obtain and maintain, at all times during the duration of this Lease,
insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for
Them on the Premises to obtain like coverage. The following insurance requirements must be in effect
during the entire term of the Lease, Lessee shall,at its sole cost and expense, obtain insurance on its
inventory,equipment and all other personal property located on the Premises against loss resulting from
fire,theft or other casualty.
(b) Workers'Compensation Insurance as required by State statute,and Employer's Liability
Insurance covering all employees acting within the course and scope of their employment and work on
the activities authorized by this Lease in Paragraph 4,
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Page 3 of 6
RECEPTION#: 679622, 08/18/2021 at 01:57:11 PM, Pgs 4 of 10,Janice K.Vos Caudill, Pitkin County, CO
•
(c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10193
or equivalent,covering Premises operations,fire damage,independent Consultants,blanket contractual
liability,personal injury,and advertising liability with minimum limits as follows:
1. $1,000,000 each occurrence:
2. $2,000,000 general aggregate;
3. $50,000 any one fire.
If any aggregate limit is reduced below,$1,000,000 because of claims made or paid,the Lessee,
or as applicable,its Contractor,shall immediately obtain additional insurance to restore the full
aggregate limit and furnish to COOT a certificate or other document satisfactory to COOT
showing compliance with this provision.
(d) If any operations are anticipated that might in any way result in the creation of a pollution
exposure,Lessee shall also provide Pollution Legal Liability insurance with minimum limits of liability of
$1,000,000 Each Claim and$1.000.000 Annual Aggregate. CDOT shall be named as an Additional
Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form,with an
extended reporting period of at least two year following finalization of the Lease.
(e) Umbrella or Excess Liability Insurance wilh minimum limits of$1,000,000. This policy
shall become primary(drop down)in the event the primary Liability Policy limits are impaired or
exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary.
The following form Excess Liability shall include COOT as an Additional Insured,
(f) COOT shall be named as Additional Insured on the Commercial General Liabilily
Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance
program carried by the State of Colorado.
(g) The Insurance shall include provisions preventing cancellation or non-renewal without at
least 30 days prior notice to COOT by certified mail to the address contained in this document.
(h) The insurance policies related to the Lease shall include clauses stating That each carrier
will waive all rights of recovery,under subrogation or otherwise,against COOT,its agencies,institutions,
organizations,officers,agents,employees and volunteers.
(i) All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to COOT.
(j] In order for this lease to be executed,the Lessee,or as applicable,their Contractor,shall
provide certificates showing insurance coverage required by this Lease to COOT prior to the execution of
this lease. No later than 30 days prior to the expiration date of any such coverage,the Lessee or
Contractor shall deliver to the Notice Address of COOT certificates of insurance evidencing renewals
thereof. At any time during the term of this Lease,COOT may request in writing,and the Lessee or
Contractor shall thereupon within 10 days,supply to COOT,evidence satisfactory to COOT of compliance
wilh the provisions of this section,Insurance coverage must be in effect or this lease is in default,
(k) Notwithstanding subsection(a.)of this section,if the Lessee is a"public entity"within the
meaning of the Colorado Governmental Immunity Act CRS 24-10-101.el seq.,as amended("Act'),the
Lessee shall at all times during the term of this Lease maintain only such liability insurance,by
commercial policy or self-insurance,as is necessary to meet its liabilities under the Act. Upon request by
COOT,the Lessee shall show proof of such insurance satisfactory to COOT. Public entity Lessees are
not required to name COOT as an Additional Insured.
(I) If the Lessee engages a Contractor to act independently from the Lessee on the Premises,
that Contractor shall be required to provide an endorsement naming COOT as an Additional insured on
their Commercial General Liability,and Umbrella or Excess Liability policies.
23. ADDITIONAL PROVISIONS.
a) Lessee shall not use the Leased Premises nor allow any other party to use the Leased Premises
for any purpose not specifically authorized by this Lease Agreement or for any purpose prohibited by
any entity or jurisdiction having authority over uses conducted on the Leased Premises.
b) Lessee shall ensure that Lessee's use and occupancy of the Leased Premises shall not interfere
with Lessor's use of the adjoining State highway right of way or wilh the installation,operation,
maintenance and repair of any utilities,drainage or irrigation facilities located on,above,over.
under,through,across or adjacent to the Leased Premises.
c) Utilities may exist on,along,over,under,through,or across the Leased Premises. Lessee shall
locate and protect all such utilities prior to implementing any alteration to the Lease Premises.
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RECEPTION#: 679622, 08/18/2021 at 01:57:11 PM, Pgs 5 of 10,Janice K.Vos Caudill, Pitkin County, CO
•
Lessor shall not be responsible or liable for any utilities repair or relocation expanses arising from
Lessee's use and occupancy of the Leased Premises. In the event Lessee desires to relocate
any utility located within the Leased Premises,such utility relocation must first be authorized by
appropriate permits issued by the CDOT Region 3 Permits Office.
d) This Lease does not obligate Lessee to make any modification or alterations to the Leased
Premises;however,this Lease does obligate Lessee to,and Lessee agrees to,keep the Leased
Premises clean and safe,in good order and repair,and in a condition reasonably comparable to
or better than the condition in existence as of the day and year first above written,
e) The Lessee is hereby authorized to make infrastructure improvements and allow Open Space
and Trails to enforce regulations as may relate to parking and allowable activities and described
in Exhibit B. Excepting the foregoing authorization,the Lessee shall not modify or alter the
Leased Premises without Lessor's prior written approval. Prior to requesting Lessor's approval of
any modification or alterations to the Premises,Lessee shall submit to Lessor a site plan and/or
construction drawing depicting and describing all proposed modifications and/or alterations. Any
approval(s)given by Lessor shall be subject to and contingent upon full and complete compliance
by Lessee of any and all conditions and/or stipulations required by Lessor. Lessee agrees that
any approvals given by Lessor shall not operate to transfer any liabilities or responsibilities to
Lessor;all modifications and alterations to the Premises shall be at Lessee's sole and absolute
risk. In all circumstances.Lessee's work and act of modifying or altering the premises shall be
performed with the highest standard of care to ensure such work and act shall not cause damage
to the Premises,to Lessor's adjacent highways,to any utility,to any irrigation facility,to any trees
or to the property of any other party. Lessee's work and act of modifying or altering the Premises
shall be subject to Lessee obtaining all appropriate permits from any authority having jurisdiction
to approve such work. Further,Lessee shall and agrees to save,i o araify and hold Lessor
harmless for any liability for damages or loss to persons or property resulting from activities from
such work and shall name Lessor as art additional insured party on its insurance policy. Proof of
the contractor's insurance must be provided to Lessor prior to any work being conducted on the
Premises.
f) Lessee shall have the authority to create and enforce rules and regulations that it considers to be
consistent with the use of the facility for parking and river access. Enforcement may include but
is not limited to parking areas,including vehicle ticketing and towing,signage and adherence Title
12 rules. Rules must be approved by Lessor and are included as outlined in"Exhibit B"of this
lease and in accordance to the Pitkin County.Title 12 Open Space and Trails Regulations
adopted March 11,2020 Ordinance No 008.2020;and the Penny Hot Springs Management Plan
adopted by the Open Space and Trails Board March 2020.Any amendments to those
agreements,rules and regulations as outlined in"Exhibit B"will be provided to Lessor and subject
to review and approval.
•
g) Lessor and contractors,Geovert and Johnson Construction(wall subcontractor)will be allowed
access as needed and will be utilizing a portion of the Leased Premises as a staging area for all
of the wall material from to June 2021 through October 2021 as part of CDOT SH-133.Project
#23182 a Rockfall Mitigation Project.
Rev.10l2019
Page 5 of 6
RECEPTION#: 679622, 08/18/2021 at 01:57:11 PM, Pgs 6 of 10,Janice K.Vos Caudill, Pitkin County, CO
•
IN WITNESS WHEREOF,the parties hereto have execuled this lease agreement on the day and year first
above written.
LESSEE
Chair, Board of County Commissioners L'
f4 i SEAL • Board of County Commissioners -;
#:
, of Pitkin County
q
r1 ��•• ... ..,'
(If Cof anon) By 1ld ,.rr r�e N, tr r e.Z r1.S. 41`=�/
Atteb`t(S al)
•
( • Title Crlr4 F'i 6iiC_ Tktu (c�••-iT t/
By__i 4.,i%4'l ,, _ •) -li' C 1•
—
+ Secretary Federal Tax Identification Number
STAT OF COLORADO
)ss
COUNTY OF )
�# ! I
The pre Ding inslrurn nt Yras subs Abed acids worn to, tore me this ` day of if/Ai �i�� (
by -04��/`_/f 'f/Lh�2u)�( 4_as icf y� and ested to by
�•r'L!t-K:5 c itX;`� as LT ,1 L .F•t r�1Lr�� of the Board of County
Commissioners of Pitkin County,Colorado,
Witness my hand and official seal,
My commission expires i;2- .,C:• LC:1�`i _ --
Notary Public
Address: 2829 W.Howard Pl.
Denver CO 80204
LESSOR:
ATTEST: COLO:•D• •EPAR IENT F
TRA P♦•TATIO
cal... cly_k_otite\a_
A& .- A 7
Alicia Clemons Stephen H. elson, •,
Chief Clerk—Property Management Chief Engineer
JULIA ELY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 0204045291
MY COMMISSION EXPIRES December 30,2024
Rev.1012019
Page 6 of 6
RECEPTION#: 679622, 08/18/2021 at 01:57:11 PM, Pgs 7 of 10,Janice K.Vos Caudill, Pitkin County, CO
CDO"T Project Number:S 0163(3)
Parcel Number:L-28& 29 Rev.&WRNF
August 31,2020
Legal Description
Penny Hot Springs Lease Area
A Lease Parcel within the State Highway 133 Right-of-Way as shown on the Colorado Department of
Highways ROW Plans,Project No.S 0163(3),and lying within the S W 1/4 of Section 33,Township 9
South,Range 88 West of the 6"'P.M.,Pitkin County,State of Colorado,said parcel being fully
described as follows:
COMMENCING at a found Department of Highways ROW Marker, a 3.25" a Brass Monument in a
concrete post, as shown in Colorado Department of Highways Federal Aid Project Number S 0163(3)
Right of Way Plans,at Station 586+00 Left,thence N 06°37'00"W,along the existing easterly right-of-
way line of State Highway No. 133 (August 2020),a distance of 670.34 feet,to the TRUE POINT OF
BEGININNINC;
Thence N 06°37'00"W,along said right-of-way line,a distance of 429.66 feet,to Parcel X,as described
in that document,Reception Number 327356,Book 632,at Page 547,filed with the Clerk and County
Recorder,County of Pitkin,State of Colorado; _
Thence S 83°23'00"W,along said right-of-way line,a distance of 10.00 feet;
Thence N 06°37'00"W,along said right-of-way line,a distance of I49.80 feet;
Thence N 83°19'30"E,along said right-of-way line,a distance of 50.00 feet;
Thence N 08°45'30"W.along said right-of-way line,a distance of 310.80 feet;
Thence N 09°32'00"E,along said right-of-way line,a distance of4I.90 feet,to Parcel 28,as
described in that document,Reception Number 110978,Book 193,at Page 211,filed with the
Clerk and County Recorder,County of Pitkin,State of Colorado;
Thence N 09°32'00"E,along said right-of-way line,a distance of 78.40 feet;
Thence along said right-of-way line,a distance of 237.20 feet,along a curve to the left,having a
radius of 1514.30 feet,a central angle of 8°58'29",the chord of which bears N 21°37'00"W,a
distance of 236.96' feet,to the West line of the NE1/4SWI/4 of said Section 33;
Thence S 00°00'00"E,along the West Line of the NE1/4SW 1/4 of said Section 33,a distance of
138.70 feet,to Parcel 29 Rev.as described in that document,Reception Number 112567,Book
196,at Page 158,filed with the Clerk and County Recorder,County of Pitkin,State of Colorado;
Thence S 00°00'00"E,along the West Line of the NE1/4SW1/4 of said Section 33,a distance of
58.18 feet,to the existing easterly right-of-way line of State Highway No. 133(August 2020);
Thence along said right-of-way line,a distance of 420.97 feet,along a curve to the left,having a
radius of 1439.19 feet,a central angle of 16°45'34",the chord of which bears N 27°41'44"W,a
distance of 419.47 feet;
Thence S 53°36'07"W a distance of 59.34 feet,to the existing easterly edge of pavement of
Colorado State Highway 133;
Thence along said edge of pavement,a distance of 717.01 feet along a curve to the left,having a
radius of 1392.50 feet,a central angle of 29°30'08",the chord of which bears S 21°19'14"E,a
distance of 709.12 feet;
RECEPTION#: 679622, 08/18/2021 at 01:57:11 PM, Pgs 8 of 10,Janice K.Vos Caudill, Pitkin County, CO
Thence along said edge of pavement,S 06°34'10"E a distance of 715,00 feet,to the East line of
the Carbonite Millsite,Mineral Survey Number 5443-B,as shown as Parcel 29A in Colorado
Department of Highways Federal Aid Project Number S 0163(3)Right of Way Plans;
Thence N 83°23'00"E a distance of 45.14 feet,to the easterly right-of-way line of State Highway
No 133 (August 2020),at the TRUE POINT OF BEGININNING.
The above described Lease Parcel L-28 & 29 Rev, & WRNF contain 2.269 acres (98,856 square feet),
more or less.
Basis of Bearings: All bearings recited herein are based on a bearing S. 83'27'35" W., from a found
Department Highways ROW Marker,a 3,25"Brass Monument in a concrete post,at Station 586+00 Left,to
a found Department Highways ROW Marker,a 3.25"Brass Monument in a concrete post,at Station 586+00
Right,as shown in as shown in Colorado Department of Highways Federal Aid Project Number S 0163(3)
Right of Way Plans.
Legal description created by:
-�pQA04!!CF`+�+
Richard A. Harrison .�
Colorado PLS P38180 • 'a
For,and on behalf of Pitkin County and SGM Inc. i eta 381 t+ 4 i
f•�� 2 42/2e l ortt,
VQNAI IANQ..-
RECEPTION#: 679622, 08/18/2021 at 01:57:11 PM, Pgs 9 of 10,Janice K.Vos Caudill, Pitkin County, CO
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RECEPTION#: 679622, 08/18/2021 at 01:57:11 PM, Pgs 10 of 10,Janice K.Vos Caudill, Pitkin County, CO
EXHIBIT B
a. Enforcement of the lease area including parking.
The tease area would be subject to Title 12 of the Pitkin County Code, as amended; as
well as the Penny Hot Springs Management Plan (as amended). Title 12 outlines the
rules and regulations for the public use of Open Space and Traits properties.
Applicable current Management Plan and Title 12 rules and regulations include, but
are not limited to, the identification of allowed uses as well as prohibited activities
including prohibiting dogs, camping/fires, glass, audible music, littering/waste
disposal, disorderly conduct, and hazardous activities, and encouraging resource and
wildlife protection.
OST would like to place regulatory signage for the parking area and the use of the hot
springs upon the approval of the lease agreement (to include two 12x12-inch signs on a
6x6 wooden post); additional signage would be addressed in partnership with CDOT as
a part of the site plan prior to construction. Below is an example of the regulatory
signage that is anticipated:
•I:• �.: •. � � .. ,. _ •S'tt •`--T i�`-.V�4Ti'71a?!;i+i. 4+ l-S-1`1:a.►,..ja1.
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t se'
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.:;':► a;:Pehn-� Hots rin - ; :es- 'Penn :..'Cl!
•-S riri° s,
t_;•:- :• Helppiotect the'wil.diiess' `- • •°4 .l,la- . �[
..„ ,:.a. , yydeno6 a'.proto gr._la naturalcza
of tlhls:speclal'plac •
el , sllvostie de:osto.luger especial! !
.Fini,Not Soitike is i aai.upi llei lath iIA.AlI liti wi il.aia and Iiii. :Pliiii IIw5 tisii0 16.19Ini iiiinotvslhagdost w wro.,awthnes ramoniaa:
?fitiardarja Willi itirild and nilur.d,Dal if'e-C'ilkkii idihio to Win!the ulna :Pali ini!in neen114 sonyanti*L salivaI Oriidiilisel66 p6Iad■lOrestAJRlir•
lino[Iha61Ya the it.Plni_6R ki ohaidim.Pl th4ia,ariG d.wci. ishobig q!",0.k.010'.1 b*v a6a !tsti! mltl* Ni palsimris_'Uni l'i*eni;
[ho.....'Rohphi hoiu b,the ,s chat ntag nvganaMli irdP6q I"u"O ta .,.. r IiriCi'iii hw nttirhiedes qoe puufnn nrae4r
.. .•et ere et ihi eidgi9nn}6aR ':o a■+6anns aY amInonti an rannenn 6Sn'al.'
. -Enjoy.pint eoak:lii tiiii'eniazing settings Dlsliute las aguas en eats lugar Incteible...
1/4‘...46
„Ir.
wane. -. •�r NU Vllilil0 IN: . ��
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• LEAVE PACK AO. • It)DLI
NO S nIIONLE TRACE 'PACK toM MCA HEaLAs-, i
i<l:i ; . 1! !+r .541+spetl46:44,9io4-: 2)0-Oti iltilk■ +re�i;olglq:.si6�sio-fiit
b. Improve the parking area and river access.
DST will begin work on designing a site plan in 2021 and will submit the plan to CDOT
for approval by the Resident Engineer and Property Management prior to any
construction. Potential improvements include: formalization/organization of parking
spaces, defining the egress/ingress from the highway, a multi-use trail running north-
south, installation of interpretive and regulatory signage, recreational amenities such
as bike racks (accommodating 5-10 bicycles), fences, walls, and a port-a-potty
enclosed within a shelter, defined access route down to the river and revegetation of
riprap slopes.