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HomeMy WebLinkAboutbocc.con.157.2021 - BOCC RECEPTION#: 679610, R: $0.00, D: $0.00, 08/1812021 at 12:45:58 PM, Pgs 1 of 24, Janice K.Vos Caudill, Pitkin County, CO Contract No. 157.2021 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 STATE HIGHWAY RIGHT OF WAY ADJACENT TO THE NORTH STAR NATURE PRESERVE ORDINANCE NO. 021-2021 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 purchased the North Star Preserve in 1979,and, WHEREAS, State Highway 82 runs adjacent the North Star Preserve and is used by the public to access this County Open Space, and WHEREAS, the North Star Management Plan proposes that the Open Space Department is best equipped to manage open space access activity that occurs in the State's right of way, 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 preserve, WHEREAS,the Pitkin County Open Space and Trails Board unanimously approved the North Star Nature Preserve 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. RECEPTION#: 679610, 08/1812021 at 12:45:58 PM, Pgs 2 of 24, Janice K.Vos Caudill, Pitkin County, CO 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 OFAPRIL 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 JUUMA, .avu-S By: �... Jeanette Jones Kelly McNicholas Kurya Chair Deputy County Clerk Date: May-18-2021 APPROVED AS TO FORM: MANAGER APPROVAL Ptuitis hattiu, John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 3 of 24,Janice K.Vos Caudill, Pitkin County, CO PROPERTY MGMT.NO. 1 0 ) FS 7 NO PROJECT: C 57-0082-09 LOCATION: $H•82 LEASE AGREEMENT (Vacant Land)d THIS LEASE AGREEMENT made and entered into this Ft lay of �u h e 2024 by and between the Slate of Colorado acting by and through the Colorado Department of Transportation, COOT, hereinafter referred to as 'Lessof, and Board of County Commissioners of Pitkin County, Colorado hereinafter referred to as"Lessee. WITNESSETH. NOW,THEREFORE.in consideration of the mulual promises contained herein,the parties hereto agree as follows: 1. PREMISES, Lessor hereby teases and demises unlo Lessee the Premises,hereinafter referred 10 as the"Premises",located at SH 82 situated In Lot 13 of Section 17 and also in Lots 1.2.3.4.1Z and 15 of Section 20,Township 10 South,Range 84 West of the fit P.M..Pitkin Count( The Premises,known and described as Parcel L43 and 14,L-13fA),of Project C 57-0082.0s includes approximately 163,136 square feel(3.745 acres)of land area.The teased Premises being as shown on the plat attached herein and described in the legal description attached and made a part hereof and marked'Exhibit A'. 2. TERM.The Initial term of This lease shall be for a period of twenty(20)years,beginning on June 15,2021 and end 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 o1 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 teas 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 shalt be made payable to the Colorado Department of Transportation at: Coto.Dept.of Transportation C►o Accounting Receipts&Deposits 2829 W.Howard Pl..5v.Floor Denver.CO 80204 or at such place as Lessor from lime to time designates by notice as provided herein. In the event Lessor has not received the rental installment hereunder on or before the tenth(10)day of the month when due,a late charge of five percent(5%0 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 for a 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 Thal 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 2arkfng for nearby recreational areas for North Star, 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 saxes,assessments. Insurance,utilities and other operating costs and the cost of all maintenance,repairs,and improvements, and all other direct cosls,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 al any time for the purpose of making necessary inspections. 6. HOLD HARMLESS. The Lessee shall save,indemnity and hold harmless the Lessor and FHWA for any liability for damage or loss to persons or propertyresolfing from Lessee's occupancy or use of the Premises. Rev.1012019 Page 1 of RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 4 of 24,Janice K.Vos Caudill, Pitkin County, CO 7. OWNERSHIP. The Stale of Colorado is the owner or the Premises.Lessor warrants and represents himself to be the authorized agent of 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 far 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 al any lime 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 act or thing,which shall be a violation of any ordinance of the municipality,City,County.or of any law of the State of Colorado or the United States. The Lessee shalt not use the Premises for any manner,which shalt 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 parson 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 PI.,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 State of Colorado applicable to such tenancy. The Rev,1012019 Page 2 of 6 RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 5 of 24,Janice K.Vos Caudill, Pitkin County, CO rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of 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,iaderenify 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 attorney's fees and litigation costs,related to the presence,disposal,release or clean-up of arty 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 maybe 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 taw,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 or at any time thereafter, re-enter the Premises and remove there from all persons and properly 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 lime 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, al all limes 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,al 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. Page 3 of 6 Rev.1012019 RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 6 of 24,Janice K.Vos Caudill, Pitkin County, CO (b) Workers'Compensation Insurance as required by Slate 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. (c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 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. COOT 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 with 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 CDOT as an Additional Insured, (f) COOT shall be named as Additional Insured on the Commercial General Liability 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 slating that each carrier will waive all rights of recovery,under subrogation or otherwise,against COOT,its agencies,inslitutions, organizations,officers,agents,employees and volunteers. (i) All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to COOT. 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 CDOT,evidence satisfactory to COOT of compliance with the provisions of this section.Insurance coverage must be in effect or this lease is in default. (k) Notwilhstanding 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,et 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 CDOT as an Additional Insured, (I) ff 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 with the installation,operation, Page 4 of 6 Rev.10l2019 RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 7 of 24,Janice K.Vos Caudill, Pitkin County, CO 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. 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 arty authority having jurisdiction to approve such work. Further,Lessee shall and agrees to save 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 an 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. I) Lessee shall have the authority to create and enforce rules and regulations that it considers consistent with the use of the facility for parking and trail use. Enforcement may include but is not limited to parking,trail use,loading zones,signage,bike racks,fences and storage areas.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 North Star Management Plan Ordinance as adopted by the BOCC.No.29-2020 Reception 1167311.Any amendments to that agreement will be provided to Lessor and subject to review and approval. Rev.10/2019 Page 5 of 6 RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 8 of 24,Janice K.Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF,the parties hereto have executed this lease agreement on the day and year first above written, r. xi, LESSEE *_. SEAL : C/hair,Board of County Commission J Y .•• '�• Board of County Commissioners r • ,• of Pltkin County L{;iiNO - (If orpor lion) +' ey rl‹ ELe_y 1—ietv,G/fc,r_�7S 1Cce Attest(Se l) Title f A r f' ((` F 1 By 4'7 '1 L,�,-'tL _ -C{-'- ecretary Federal Tax Identification Number STATES OF COLORADO ) ss COUNTY OF ) The f.regoin in trume/rt was, bscribed and sworn to before me this I day of/�j/c-}_, , ?)G,�/ by A_ -1i / Su f b ri+, r r'_ as f and attested to b_y j 4f' w, k ?�C�1.v i as_ il,�,,,4,,; s, 4 - y f l of the Board of County Commissioners of Pilkin County,Colorado, t Wilness my hand and official seal, My commission expires /J=-.yIT ... -i , — -- S, Notary Public Address: 2829 W.Howard PI. Denver,CO 80204 LESSOR' ATTEST: COLORAp. * PA- M .T OF TRANSP• 'Any is ar:t1)..fx_ Lj &4_ I., I A,.Alicia Clemons •ephen Hairs!o '.E T Chief Clerk-Property Management Chief Engineer JULIA F.,.Y NOTARY PUBLIC STATE OF COLORADO NOTARY lD 20204945291 MY COMMISSION E XP PE S December 30.2024 Rev 10/2019 Page 6 of 6 RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 9 of 24,Janice K.Vos Caudill, Pitkin County, CO Exhibit A COOT Project Number:C 57-0082-09 Parcel Number:L-13(A) July 18,2020 Legal Description North Star Lease Area A Lease Parcel within the State Highway 82 Right-of-Way as shown on the Colorado Department of Highways ROW PIans,Project No.C 57-0082-09,and lying within Lot 13,of Section 17,Township 10 South,Range 84 West of the 6"'P.M.,Pitkin County,State of Colorado,said parcel being fully described as follows: COMMENCING at a 3'''4"a B,L.Ivl.Aluminum Cap found at the North one-quarter corner of Section 20,properly marked and dated 1978,Thence N37°04'57"W a distance of 887.25 feet to a point on the Northeasterly edge of pavement,as it exists,of Colorado State Highway 82,the TRUE POINT OF BEGIN'!NN1NGi Thence along said Northeasterly edge of pavement the following six(6)courses; I. Thence N 30°S0'18"W a distance of[5.14 feet 2. Thence 127.41 feet along a curve to the left,having a radius of 485.00 feet,a central angle of 015°03'06", the chord of which bears N 38°21'51"W,a distance of 127.04 feet; 3. Thence N 45°53'24"W a distance of 117.64 feet; 4. Thence N 48°03'34"W a distance of 170.37 feet; 5 Thence 178.54 feet along a curve to the left,having a radius of 575.00 feet,a central angle of 017°47'26", the chord of which bears N 56°57'17"W,a distance of 177.82 feet; 6. Thence N 65°51'00"W a distance of 6.05 feet; Thence leaving said edge of pavement N 24°53'42"E a distance of 28.04 feet; Thence S 63°58'37"E a distance of 42 63 feet; Thence S 43°28'00"E a distance of 68.21 feet; Thence S 53°53'26"E a distance of 95.12 feet; Thence S 47°09'40" E a distance of 330.31 feet; Thence S 55°23'51" E a distance of 40.52 feet; Thence S 37°36'48"E a distance of 61.51 feet; Thence S 69°53'26"W a distance of 36.83 feet to the POINT OF BEGINNING. The above described Lease Parcel L-13(A)contains 0.23 acres(10,183 square feet),more or less. Basis of Bearings:All bearings recited herein are based on a bearing of S21°36'23"E a distance of 2845.86 feet between monuments found being a 3 A" B.L.M.Aluminum Cap at the North'A Corner of Section 20,properly marked and dated 1978 and a B.L.M. Brass Cap at the Southeast corner of said Lot 15, properly marked and dated 1978. 11.1.... IS• Legal description created by: ff 'sna'o•,ys Robert E.Brandeberry o 38388 Colorado PLS#38388 ;a t. '73%7 a z0.L0•:ace For,and on behalf of Pitkin County and SGM Inc. s • . ���N41 l kl0 RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 10 of 24,Janice K.Vos Caudill, Pitkin County, CO CDOT Project Number:C 57-0082-09 Parcel Number: L-13& 14 July 18,2020 Leal Description North Star Lease Area A Lease Parcel within the State Highway 82 Right-of-Way as shown on the Colorado Department of Highways ROW Plans,Project No.C 57-0082-09 and as described in that Boundary Agreement recorded as Reception No.663354,and lying within Lot 13,of Section 17 and also in Lots 1,2,3,4, 12, and 15,of Section 20,Township 10 South,Range 84 West of the 611'P.M.,Pitkin County,State of Colorado,said parcel being fully described as follows: COMMENCING at a 3 'A"a B.L.M.AIuminum Cap found at the North one-quarter corner of Section 20, properly marked and dated 1978,Thence N40°33'28"W a distance of 1236.81 feet,to the Northeast corner of the Second Amendment to Lot 1,The Preserve Subdivision and Amendment No.2 Northeast Common Open Space,the Preserve,as shown in the Plat thereof,Reception No. 600391 being monumented with 5/8"rebar,the TRUE POINT OF BEGINNING Thence N 32°02'I2"E a distance of 15.39 feet to a point on the Southwesterly edge of pavement,as it exists,of Colorado State Highway 82;Thence along said southwesterly edge of pavement the following seventeen(17)courses; 1. Thence S 45°54'27"E a distance of 243.55 feet; 2. Thence 227.71 feet along a curve to the right,having a radius of 286.34 feet,a central angle of 045°33'50",the chord of which bears S 23°07'32"E,a distance of 221.76 feet; 3 Thence S 00°20'37"E a distance of 183.05 feet; 4. Thence 193.51 feet along a curve to the left, having a radius of 562.83 feet, a central angle of 019°41'57",the chord of which bears S 10°11'36"E,a distance of 192.56 feet; 5. Thence S 20'02'35"E a distance of 94.15 feet; 6. Thence 335.80 feet along a curve to the left, having a radius of 607.11 feet,a central angle of 031°41'26',the chord of which bears S 35°53'18"E,a distance of 331.53 feet; 7. Thence S 51'44'00"E a distance of 606.85 feet; 8. Thence 253.30 feet along a curve to the right,having a radius of 324.49 feet,a central angle of 044°43'33",the chord of which bears S 29°22'I4"E,a distance of 246.92 feet; 9. Thence S 07°00'28' E a distance of 405.70 feet; 10.Thence 364.87 feet along a curve to the left, having a radius of 443.11 feet, a central angle of 047'10'46",the chord of which bears S 30°35'5l" E,a distance of 354.65 feet; 11 Thence S 541 1'14"E a distance of 201.60 feet; 12 Thence 258.08 feet along a curve to the right, having a radius of 504.31 feet,a central angle of 029°19'16",the chord of which hears S 39°31'36"E,a distance of 255.27 feet; 13 Thence S 24°51'58"E a distance of 142.34 feet; 14.Thence 232.88 feet along a curve to the right,having a radius of 586.25 feet,a central angle of 022°45'37",the chord of which bears S 13°29'I0"E,a distance of 231.35 feet; 15.Thence S 02°06'21"E a distance of 121.67 feet; RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 11 of 24,Janice K.Vos Caudill, Pitkin County, CO 16.Thence 183.61 feet along a curve to the left, having a radius of 563.03 feet, a central angle of O18"41'07",the chord of which bears S 1 1°26'55"E,a distance of 182.80 feet; 17.Thence S 20°47'28"E a distance of 80.60 feet to a point on the East line of said Lot 15; Thence leaving said edge of pavement S 06'13'55"W along the East lint of said Lot 15 a distance of 39.74 feet to the common boundary line between Pitkin County and the State Highway 82 Right-of-Way according to the Boundary Agreement recorded as Reception No. 663354;Thence along said common boundary line between the following eighty-six(86)courses; 1. Thence N 26°25'57"W a distance of 46.72 feet; 2. Thence N 33°34'11"W a distance of 153.01 feet; 3. Thence N 24°15'54"W a distance of 25.53 feet; 4. Thence N 00°29'47"W a distance of 46.98 feet; 5. Thence N 10'04'17"E a distance of 57.18 feet; 6. Thence N 14°54'47"E a distance of 80,48 feet; 7. Thence N 01°26'49"E a distance of 23.32 feet; 8. Thence N 05°57'01"W a distance of 64.18 feet; 9. Thence N 09°22'06"W a distance of 45.68 feet; 10.Thence N 17'34'50"W a distance of 144.78 feet; 11.Thence N 28°08'55"W a distance of 51.56 feet; 12.Thence N 24'12'23"W a distance of 100.73 feet; 13.Thence N 35°37'18"W a distance of 37.33 feet; 14.Thence S 60°51'00"W a distance of 7.86 feet; IS.Thence N 29°09'00"W a distance of 20.00 feet; l n.Thence N 60°51'00"E a distance of 5.59 feet; 17.Thence N 35°37'18"W a distance of 35.17 feet; 18.Thence 79.02 feet along a non-tangent curve to the left,having a radius of 300.00 feet, a central angle of 015°05'28",the chord of which bears N 44°40'53"W a distance of 78.79 feet; 19.Thence N 52°13'37"W a distance of 270.05 feet; 20 Thence 133.47 feet along a curve to the right, having a radius of 400.00 feet, a central angle of 019°07'04",the chord of which bears N 42°40'05"W,a distance of 132.85 feet; 21, Thence N 33'06'34"W a distance of 19.12 feet; 22.Thence N 61°26'53"W a distance of 37.01 feet; 23.Thence N 53'00'53"W a distance of 24.64 feet; 24.Thence 118.01 feet along a curve to the right,having a radius of 150.00 feet,a central angle of 045°04'39",the chord of which bears N 30°28'34"W,a distance of 114.99 feet; 25.Thence N 07'56'14"W a distance of 254.28 feet; RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 12 of 24,Janice K.Vos Caudill, Pitkin County, CO 26.Thence N 14°14'39"E a distance of 126.28 feet; 27.Thence N 05°50'13"E a distance of 10.38 feet; 28.Thence N I 1°27'49"W a distance of 162.70 feet; 29.Thence N 30°09'20"W a distance of 47.49 feet; 30.Thence N 35°50'57"W a distance of 12.44 feet; 31.Thence 5 59°00'23"W a distance of 6.91 feet; 32.Thence N 30°59'37"W a distance of 20.00 feet; 33.Thence N 59°00'23"E a distance of 5.22 feet; 34.Thence N 35°50'57"W a distance of 8.42 feet; 35 Thence N 46°04'53"W a distance of 24.91 feet; 36.Thence 41.27 feet along a curve to the left, having a radius of 75.00 feet, a central angle of 031°31'44",the chord of which bears N 6I°50'45"W,a distance of 40.75 feet; 37.Thence N 77°36'37"W a distance of 44.27 feet; 38.Thence N 71°23'40"W a distance of 75.87 feet; 39.Thence N 63°41'43"W a distance of 26.29 feet; 40.Thence N 54°54'51"W a distance of 53.49 feet; 41.Thence N 75°39'26"W a distance of 64.32 feet; 42.Thence N 30°57'47"W a distance of 15.1 I feet; 43.Thence N 09°47'39"E a distance of 32.12 feet; 44,Thence N 14°12'01"E a distance of 14.50 feet; 45.Thence N 26°20'59"W a distance of 10.94 feet; 46.Thence N 32°18'29"W a distance of 8.11 feet; 47.Thence N 40°33'37"W a distance of 22.79 feet; 48.Thence N 25°12'40"W a distance of 11.07 feet; 49.Thence N 13'42'08"W a distance of 28.36 feet; 50. Thence N 48°13'53"W a distance of 5.47 feet; Si.Thence N 39°14'42"W a distance of 18.86 feet; 52 Thence N 49°20'59"W a distance of 148.77 feet; 53. Thence S 45°36'31"W a distance of 16.39 feet; 54.Thence N 44°23'29"W a distance of 20.00 feet; 55.Thence N 45°36'31"E a distance of 14.57 feet; RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 13 of 24,Janice K.Vos Caudill, Pitkin County, CO 56.Thence N 54°42'05"W a distance of 56.86 feet; 57.Thence 279.41 feet along a curve to the right,having a radius of 525.00 feet,a central angle of 030°29'38',the chord of which bears N 39°27'17"W,a distance of 276.13 feet; 58.Thence N 24°l2'28"W a distance of 34.74 feet; 59 Thence N 22°42'03"W a distance of 54.98 feet; 60, Thence N 20°30'56"W a distance of 54.76 feet; 61.Thence N 16°00'53"W a distance of 52.53 feet; 62.Thence N 15'52'38"W a distance of 51.05 feet; 63.Thence N 12°07'09"W a distance of 24.86 feet; 64.Thence N 10°41'I4"W a distance of 23.15 feet; 65.Thence N 07°36'05"W a distance of 60.95 feet; 66.Thence N 07°07'36"W a distance of 22.2I feet; 67.Thence N 02°10'31"W a distance of 11.38 feet; 68.Thence N 00°07'20"E a distance of 13.13 feet; 69.Thence N 04°05'32"E a distance of 42.81 feet; 70.Thence N 00°08'50"E a distance of 66.96 feet; 71.Thence N 09°50'29"E a distance of 43.30 feet; 72.Thence N 05°03'24"W a distance of 35.87 feet; 73.Thence N 15'36'44"W a distance of41.43 feet; 74.Thence N 08°58'04"W a distance of 23.60 feet; 75.Thence S 71°22'09"W a distance of 12.56 feet; 76.Thence N 18°37'S 1"W a distance of 20.00 feet; 77.Thence N 71'22'09"E a distance of 12.24 feet; 78.Thence N 22°36'44"W a distance of 7.05 feet; 79.Thence 71.19 feet along a curve to the left, having a radius of 102.00 feet, a central angle of 039°59'18",the chord of which bears N 42.36'24"W,a distance of 69.75 feet; 80.Thence N 53°41'34"W a distance of 36.67 feet; 81.Thence N 65°38'31"W a distance of 29.73 feet; 82.Thence N 53°07'04"W a distance of 28.98 feet; 83.Thence N 25°53'52"W a distance of 16.94 feet; 84.Thence Tel 42°44'58"W a distance of 14.15 feet; 85.Thence N 35°23'26"W a distance of 90.94 feet; RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 14 of 24,Janice K.Vos Caudill, Pitkin County, CO S6 Thence N 45°04'17"W a distance of 37.52 feet to the Easterly line of said Northeast Common Open Space; Thence N 32°02'13"E along said easterly line a distance of 7.22 feet to the POINT OF BEGINNING, The above described Lease Parcel L-13& 14 contains 3.51 acres(152,935 square feet),more or less. Basis of Bearings:All bearings recited herein arc based on a bearing of S21°36'23"E a distance of 2845.86 feet between monuments found being a 3 %" B.L.M. Aluminum Cap at the North''A Corner of Section 20, properly marked and dated 1978 and a B.L.M. Brass Cap at the Southeast corner of said Lot 15, properly marked and dated 1978. op'kk .a• QCe4/, F•. • Legal description created by: 4,4 T 38388 Y tr Robert E.Brandeberry 7- A ;s �:�k .� o _ • Colorado PLS#38388 Js•'•....... •'4� •. For,and on behalf of Pitkin County and SGM Inc. �yR l���� ' RECEPTION#: 679610, 0811812021 at 12:45:58 PM, Pgs 15 of 24,Janice K.Vos Caudill, Pitkin County, CO r Norfh Star Lease Parcel Exhibit L-13 & 14, L-13 (A) Situated in Lot 13,of Secton 17 and olso in Lois 1,2,3,4, 12,and 15 of Section 20 Township 10 South,Ronge 84 Wes1 of the 6th P.M, Pitkln County,Colorado 978 13 L,nn --id— .—9d la Alum.Cop �' I�^� 10.183 SLAM Parcel .Ft*13 (A) / ��' 0.234 Aorea! S' :\ 4- \> Graphic Scale \ / } 0 200 400 800 '� r� FA lJ • !. ,�- J / / FtLI«e li YATCNLINe 11 I �� 1 In Feel: 1' =400' / 4� 1 \ � .A 4 t` 197BB1hi. 1 AI,Jm Cop �F'L N 1/tSE_. 20 �;�� FL-- F'L ----FL LeanPared L-13 & 14 \\\`. `. lI 152.953 Sq. FL 3.511 Amick :�.ti s�L— \• YATONLIME �.` YATCNLINE 1, kN \ S. '‘`,. sN 1it II l 0. 1 Y AT CNLINp I. YA TCNiIM! e L \� '-1cf -Id ,* 0 -\ ,' r I � ---ld—LF,L- G+ 1 h ,� ' i l r; 1 i - r1 t 7 � � \ 1 _ ‘ Rec 583732 Troll and c !� Parking Esmi .A 1978 B L.M ti f cop „ ' Bras:cop al lie SE Corner o} Lot 15 h f n h, h 6SGM .� "I,a;.' Pop N,, coot Pro eel Pda C 57-0053-09 °a `' MI Lease Parcel Exhibit • I+e wai s„6,:,,.a,s,,r.70iiJ Pdkin County,Colorado •°i ,,unorr 1 Ci«0.i F IX-Ir.'L.:[i Bol ,. .d ,rr Overview RECEPTION#: 679610, 0811812021 at 12:45:58 PM, Pgs 16 of 24,Janice K.Vos Caudill, Pitkin County, CO North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) Situated in Lol 13,of Section 17 and also in Lois 1,2,3,4, 12,and 15 of Section 20 Township 10 Sou1h,Range 84 West of the 6th P,M. Rifkin Courtly.Colorado 74 v� �\ 'ate \ Graphic Scale `` `.'} \\\ o, Lebow Farnity Tiust 0 a0 80 160 I4,.., . \ .. \`' `�'\\ Rer F 51544E \ j \`\ , ,Q .... \\ `,\ In feel1"-80 N t6'. \ \ Fi ,.\ \\••• � YB\ \ \\ \�\ \ \ \CJpi . \ Point of Beginning ,�j\ \ /� \•. Lease Parcel L-13 & 14J�\...♦r\\�\ \ Gnu \\ \\ L105 \\ \\\/J 1 Leose Parcel L-13 (A) rrsi, / \ \\ \ \ \\ Leose 1Q183 Sq. Fl± �; L(' the Preserve Subd+Rion � e \ \\\s \ \',� \� \ 0.254 Acres e,j/e 6 `�.. a" >g\ \ \\ \ \ q-gcbwocyJ�e; / \\ \ \ \\\ ;,\ 400�oL,\05 fin° 4. \ \\\....\\/ \�_,/ (r \ \ /\ \ \ / ��O\ \\ \ \ ,,;: \, L101/ �; \\,\ \ \ c\`\ Leose mI Of LL-13n(A) L{2/ ` \\ \\ \\�>>J\\ s\ / Leose Parcel L-13 & 14 9- \ '\‘ .,,\ \ o. \ ' S7,953 Sq. Fl f �9� \�'S\\ \e\ \ / 3.511 Acrest I.\ \\ \ \lad\ \ \ ? r:i$ 1_97—..., \i-ti \ \ / r Pilkln County and Colorado E96 Department of Tronsporiollon � 8 o�", Boundary Agreement r�1 11 a P,ea No. 563354 e-s i-1 i o:'' r-i° L94 �1 S /' r" 1.93J1 C / w NI i ,i" '"x ‘ 1 qr • . 1 61 1378 B.l.},I. Tie n 3-1/4' Alum Cop Leose Parcel L-13(A -J +5 b N. 1/4 Sec 20 ' N37.9457 W 887.25' 0 POINT OF 1 .. a C01d1•lErraN; 4 Q Z Pitkin County S. 1 n e IA North Star Nature Preserve 4; a, 10 J i 7a'rJfA>i MATCHLINE I f�'s�� I I J "err 14 197�8 B LM, ' o C .B, 8ro Ss Cop J l - L..s6.g nepn..�rr 6 �.�al Ihe. a Corner pp 6 ofLntlS ! 1, A i A h ,r } a !��.�.'/S V CDOT ProJecl No.C 57 OOBiU9 04. Leose Parae! Pogo tJo na W.o sail sr,..,s,,u.200 Pifkin CovnF Colorado ae. noes�:o uw..5a `^yych tier.' r, 'o.-ry+ RI Exhibit `r;ay. -,ur.,M,� wr. ., 8 RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 17 of 24,Janice K.Vos Caudill, Pitkin County, CO North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) Siluated in Lot 13.of Section 17 and also in Lots 1,2,3,4, 12,and 15 of Section 20 i _ Township 10 South,Rance 84 West of the 6th P.M. n1 + °' fir' Fllkln Couniy,Colorado I ' I I� MATCHLINE I iJ 21 I !r-i2 .-'I I 1 III 1 1 rl I ` C.dRAspen l I� �U Rec N 543008 , .....?\--' I 11 kl ti4 �i P 1� 1 \/ 1 11 ?\'' 1 1 --P 5 \?,1 \ ' \ 1 p h1 Oftd M A;pa_n \ Cr, Rec p 580621 riA sD\ n (5\ m ,� Graphic Scale cp 1 1; �, 0 40 80 160 c \ 1\\T, \\ In Feel.Al 80 _� \ \\ o r $ Pilkin Couniy and Colorado i' \ ,' \.a ` o Y Department of rronsportation _ " \ r\ `k o.' 0c,4' 8 Boundary Agreement \ \\ \ .!VzC"tc.-L`' i Rec. No 653354 \ \` ,q, ?.- a ` �� Cis (':Sdld:.'d' \ \ ````Jt'• Rec a 531159 7 Lease Porcel L-13 & 14 \ \\ / ''''N,, g 152,953 Sq F!3—' \ \ . / N. m 3,511 Acresf \\ \ N . i \ \�\ ,f \w,•. o N. \\ \' N Pitkin County \ \, / North Star Nature Preserve N1% \\.\` °cam \� .. \\ \�\ <� \ \` \ \ TO TO MATCHLINE \\ N N 0. - £.flog A,chor! L7U— \ C,, L69-';-ti h hr Page No �M n�• ;�f;�;o,gH 1 6SG M COOT Project No.C 57 0082-C'9 °r••`' _ Lease Parcel ne vnns�,1.s.«I,s /w Flkrn Coun Colorado °" n�^ittro ci�. iii,,r,yi,c6 eleo! » ti—...r w EXhi A \ C, w...yn•,i•:“aw _,. ......^+ v47U 945 I r+ _ a B RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 18 of 24,Janice K.Vos Caudill, Pitkin County, CO North Star Lease Parcel Exhibit 1 L-13 & 14, L-13 (A) 51huated in Lot 13,of Section 17 and also in Lots I,2,3,4, 12,and 15 01 Section 20 s\'N ts: s. Township 10 South,Range 84 West of the 6th P,M, \ \\N,, " ,' Pitkin County,Colorado \ Ts.N� \ N. N �1 },1i I11F \ \ /#rOFT Id L70- \ \� L69- \ III eat \\�\ . Jerrr0y an Su:on h1 II r \ Rec a 590913 Lgg \ • c a5'��°':y ca \ ,'\ Off. o uy �c \ \\ a0a a\ cif' �lcoc e.`1 \\``N., r o ,N\C„ L6o- — \ \ '�•c,i i es,\ \\\ '` v / a\ \ \. Lease Parcel L-13 & 14 1 ---� \\\\ `\ 152,953 Sp Ft 3— CJ?\ \\ , 3,511 Aares3 L53( \\ L52 \'� �\ L49�\ \ <s\ \1 1 0 1 � A i \\ PI{k'm Counl,v and Caiarodo It Cepa+lrnenl of Transporlallon_/' 1 t N n4 Bauary Agrecmenl I 1 Rec., No. 663354 i1 1 o q0' \\ -.1, at1 \ 1h,`` Fitkin County. 1 North Star Nature Preserve 1 I I f 1 i 11 \ 11 a`` z -.1V } y11 I 11 \ It1— o 1 1 Io 1 1 Z 11 1 Graphic Scale 1 1 c0 40 80 160 1 \ 1 i . ,ow�asi 1 In Fee!: 1„-80 $` I 1 4.d 1 1 4 1 IAATCHLINE 1 - iesllnq nlpn�)u 1 ' 1 1 ti 6SGM CDOT Peeled No C 57{}08209 "—rt., ^ P�! Lease Parcel 9c Na GIe whi S•4 57.ri.sr..:m ow 1 1n:; .) ...n.4;any.,co a ten! Pilkin Cou nly,Colorado E 4 iro.OS IOC. v...*ym,r•.i..,� , �••' 4xhibit ) a+ 8 RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 19 of 24,Janice K.Vos Caudill, Pitkin County, CO I North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) SHuafed in Lot 13.of Section 17 and also in Lots 1,2,3.4. 12,and 15 of Section 20 Township 10 South,Range 84 West of the 6th P.M. Rifkin Counh7,Colorodo .1 \\ 1 a ` 4 MATCHLINE 1 \ I 1 I ` 1 II 1\ I 1 ` Graphic Scale \ o SO 80 160 `3 \ �\ I \ \ „q In Feel: 1" =80 e!?\\ ;\ s•_„ -1d ie ld 1d —1d • \ s• J CDON B'ght-of-'Noy \ \� ' bored on deeds and \\ `/ ties to Section Corner monuments gyp\ \ `O,, i \ �fc'r. i 43551 Mgh:vo/9:CLC.leose Poloel L-13 te 14 \152,953 Sq. Ft.! \ \\'. • `O Rec p J37365 3.511 Acresi \ \ ?,, \ \ N IN N. ':D \ `.. 0,. ss N. \N. '^ P1lkln County and Colorado N. N. \••.` �cf.• \ Deportmen! of Traosparlolion i N. 'NZ'," 'v Boundary Agreement N. N. ` Rec. No 663J54 \\ \\•, .\• \ N. e \\ \\\`•\ 8 \\ N.N. ',. \ \1 , \\\ \ 3 \ Pifkin County \ �`\ North Star Nature Preserve 4\ \�' i \\ \ L35—\ Yr P C/ \I Ti i d r1 Fr,1l.g asphalt ti ti I , SGM a,.ri w Na Cool Pro eat PJo.C 570082-09 ^a Lease Parcel aw.n 3,o,,s•..,s41.1ao Pllkln Count Colorado n.. cri,;;o;a ll.ri-.�,w."e,.CO eleoi y. »r u, Exhibit 91,0,5.1004 ,,,,,,,,c.am ,,. ,-..,,,..w.,.. 0 8 RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 20 of 24,Janice K.Vos Caudill, Pitkin County, CO North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) Situated in Lot 13.of Seaton 17 and also in Lots 1,2,3,4, 12,and 15 of Section 20 G\ \ \Township 10Soufh,Range 84 West of the 6th P.M, \\ \ Plfkin County,Colorodo 7 \\ a1-- 6 its �\ ; pV \\ CGON Q,ac`L cc,6''iR`e eta L,33J sa \ \ �o aSEA �a w 1 \\ \ tau;ecs'o �° \ \\ -- ' ties e. \ t -' \ \ 11\ \`1 \ \ 13_ ` 1 \1\�a f' Pitkin Cwjnty and Colorado / \ A DeparlmEnt of Transpnrlolicn // ‘ \ 1 8oundcry Agreement c-1 \ 1 Rea, No 553354 aD\ 1\ I f 1 \\0 \ l i I Pifkir County G1tNorth Star Nature Preserve o\ ` 1 1t 1 O a 1 Lease Parcel 1-13 & 74 �1 u c 152,953 Sq. Ft*`-- Y I r. 3.511 Acres# � I++I I 11 1 1 Ia 1 c. o 'r 1 I i . /Ir I i aJ Shiuiri it 5 Graphic Scale / I I + Rec a 534551 D ao so 160 /' 3/ 1 Trl In Feel' 1'=80 Pa! \ 1 4 / I 1II \'>w ‘ k 4 / \ 1 ; \, // \ 0.\ \\ \\\ / \\ \��c \; car r FCf�a`rs5 o d 1 x _ \\ \ \y�base6 Sec °,;enle \ \C 't mown -ki \ olne a , Red 583Ing ` /j 1 - Lrsi1,g ✓'r�o non 1ro'd and PdrN�Ing Esm! f', ii 6SGM :,,,.r 6.- Pogo Na , COOT Pro_d rJo C 5T0092-09 "' Lease Parcel 40 W.113,w Sn.rI 1.4 NN) a,.. 7,1s,/a,o L �ssr• r coal of Pi!km Coolly,Colorado (J 'Oil .5.,pa. . ti...w ^, Exhibit RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 21 of 24,Janice K.Vos Caudill, Pitkin County, CO North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) S 1ualed in Lol 13,of Secllon 17 and also in Lots 1,2,3,4, 12,and 15 of Section'20 Township ID South,Range 84 West of the 6th P.M. Plk.in Counly,Colorado Line Table r Line Table Line Table Line S Direction Length Line I 0irection Length Line lJ Direction Length 1.1 432'02'12'E 15.39' L47 N1127'49"w 162.70' 184 N07'36'05'w 60.95' L2 S45'54'27'E 243 55' L48 N30'09'20"w 47.49' LBS NO7'07'36'W 22.21' L4 5007031E 183,05' L49 1135'60'57%4 12.44' L86 110210'31"W 11.38' r L6 920102'35"E 94.15' L50 559106'23'4 6,91' L87 N00107'20'E 13,13'J LB 551.44'00'E 606.85' L51 4305937'W 20,00' L88 N0475'32"E 42.81' L10 �507'00'28'Ey 405.70_ - L52 N59'00'23"E 5.22' 189 N00'08'50'E 65.96' - L12 55411'14'E 201.60' L53 N355D'57'W 8,42' L90 40930'29'6 43,30' L14 524151'58'E 142,34' L54 446'04'53'W 24.91' L91 N05103'24'4 35,87' L16 902'06'21'E i 121 67' L56 N77'36'31W 44.27' L92 N15'36'44"W 41.43' LIB -,--S20'47'28'E 80.60' L57 101123'40'W 75,87' L93 N0B'55'04"w 23,50 ~ L19 50573'55'14 39,74' 158 163'41'41W 26,29' L94 S71122'09W 12.56' - - L20 r42575'57'1V 46.72'J L59 1154'54'51%4 53,49' - L95 /118'37'51'W 20,00' L21 ^433134'11"14 153.01' L60 475139'26"W 64.32' - L96 N71'22'09.6 12.24' L22 4241554%4 25,53' LE1 N30'57'47%4 15111' L97 N22'36'44%4 7,05' 1- 123 f 40029'47%4 46.98' - L62 N09147'39"E 32.12' L98 N53'41'34%4 36,57' J L24 410'04'17'E 57.18' L63 41412'01'E 14.50' L99 4E5'38'31'01 29,73' - L25 414'54'47'E 80,48' L64 1J26120'59"W 10.94' L100 453'07'04%4 28.98' L28 401'26'49"E 23.32' L65 63218'29"W 8.11' L101 N25'53'52%4 15.94' 127_N05157'01'1Y 64,18' L65 N40133'37%4 22,79' 1102 N42144'58"4 14.15' L28 409122'05"W 45.88' L57 42512'40%4 11.07' L103 435'23'261W 90.94'J L29 N17'34'59%4 144,78' 168 1113142'08%4 28.35' L104 445'04'11W 37,52' ' 130 N26108'55%4 51.56'_ - 169 N4813'53'w 5.47' L105 1132'32'13"E 7.22' L31 112412'23%4 100,73' L70 113914'42"W 18,86' 1106 43015018'4 15114' i - L32 N35'37'18"w 37.33' L71 1149'2059'W 148.77' L107 N45'53'24'W 117.64' L33 S60'51'02 w 7.86' L72 545'36'31"W 16,39' 1.108 N46'03'34'W 170 37' 2 1.34 N29109'00%4 20.00' L73 N44'23'29'w 20,00' 1109 N65'5100'w 6 05' o ^L35 Nb0'St'00'E - 5.59' L74 N45'36'31"E 14.57' L110 'N24'53'42"E 28.04' L36 N35'37'18'W 35.17' 175 N54'42'05'W 55.86' ^L111 563158'37'E 42,63' . 138 N5213'37%4 270.05' L77 N2412'28'W 34.74' 112 543128'00"E 69.21' 1 L40 N33'05'34%4 19,12' L78 422'42'03 W 54,98' L113 553'53'26.E 95,12' L41 /.l61126'53'4 37.01' 179 N20'30'56"14 54.76' L114 547109'40"E 330,31' , L42 N53'00'53'W 24.64'~ L89J N}6'00'S3"W 52,53' L115~S5573'51"E 40.52' y L44 N075514"W 254,28' L81 N15'52'38' 51,05' 1116 537'36'48'E 61.51' M ' W c L45 N1414391E 126.28' L82 412107'09%4 24.85' L117 S5953'26"11, 36.83' L46 N0550'13"E 10.38' L83 410'41104 23.15' S - 2 i a a N n O hr '�SG Mµ . N"""". r ♦� COOT Project No.C 57-0082 7G "" Page No. ew.,s.n s..,3.a.:oo [„" „iirMM0 lease Parcel Exhibit ��;��" se,,"� eLr ieoi Pot County,Colorado x, 4,... Line Segment Table 4 a 8 RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 22 of 24,Janice K.Vos Caudill, Pitkin County, CO ' 1 North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) Situated in Lot 13.of Section 1 7 arid also in Lols 1,2,3,4. 12,and 15 of Section 20 Township 10 South,Range 64 West of the 6th P,M, Pitkin County,Colorado Curve Toth Curve !I Length Radius Delta Chord Direction Chord Length Cl 227.71' 286.34. 45'33'53" 523'07'32"E 221.76' C2 193.51' 562 83 19'41'57' 51011'36'E 192 55' C3 33580' 607,11' 31'41'25' S35'53'18'E 331.53' C4 253.30' 324.49' 44'43'33' 529'22'14'E 24692' C5 364.87' 443.11' 4710'45' 530'35'51'E 354.65' C6 258.08' 504.31 29'19'16' 839'31'36'E 255.27. C7 232.88' 585.25' 22'45'37' 51329161 231 35' C8 183,61' 563.03' 18'41'07' 611'26'55'E 18283' C9 79.02' 300,00' 15'05'28' N44'40'53'W 7879' C10 133,47' 400,00' 19'07'04' N42'40'05'19 132.85' 011 110.01' 150.00' 45'04'39' N30'28'.34"19 114.99' 012 41,27' 75,00' 31'31'44' N61'50'45'W 40.75' 013 279.41' 525.00' 30'29'38' N39127'17'W 276.13' C14 71,19' 102,00' 39'59'18w N42'36'24"14 69 75' C15 127,41' 485.00' 1503'06' N38'21'51'9 127 04' 016 178.54' 575.00' 17'47'26' N56'57'17"W 177,82' ti a� a N h 7 min.rr on. SG M CDOi Projerr No.C 570062 04 °"^^ ^' lease Parcel exhibit An 9 No ,l a vr.n s,.M sr..r see.2:q Pilkln Cow C 1rrox 8 y, olorodo o Curve Segment Table r 2,74�5 1aa� rqn T rv., titer,r rr. cr 8 RECEPTION#: 679610, 0811812021 at 12:45:58 PM, Pgs 23 of 24,Janice K.Vos Caudill, Pitkin County, CO EXHIBIT B - North Star Lease a. Enforcement of the lease area including parking and trail use. The lease area would be subject to Title 12 of the Pitkin County Code, as amended, and North Star Management Plan (as amended) rules. Title 12 outlines the rules and regulations for the public use of Open Space and Trails properties. The North Star Management Plan was most recently adopted in 2020 and is on a roughly 5-year update schedule. Applicable current Management Plan and Title 12 rules and regulations include, but are not limited to, the identification of allowed uses as well as regulations including requiring dogs to be on a leash or excluding them from certain areas; prohibiting camping/fires, littering/waste disposal, disorderly conduct, and hazardous activities; and encouraging resource and wildlife protection. Title 12 regulations specific to parking are listed in section 12.04.030 and include: - Vehicles must be parked in designated areas, and/or in compliance with all posted parking signs, - Only persons with a disability may park in spaces designated for persons with disabilities. A license plate or placard obtained pursuant to 42-3-1208 (4), C.R.S., as amended, shall be displayed at all times while vehicle is parked in such a space. - It shall be unlawful to park in a manner that impedes access or use of any OST asset or the safe flow of traffic. - Any vehicle found in violation of 12.04.030 (A) may be subject to towing or impoundment at the expense of the owner. Primarily, the Lease Agreement will enable OST rangers to enforce the parking regulations within the Highway 82 right-of-way for vehicles not parked within a designated area or outside of the Highway 82 travel lane. The northern portion of this lease area has recently been improved with new CDOT signage implemented in 2020 between mile markers 42,65 and 43.2, in partnership with Open Space and Trails. OST will enforce within the lease area according to the posted signage. OST will work with COOT on any additional signage needs within the lease area with the goal of directing parking to designated areas, enforced though Open Space and Trails parking tickets. b. Improve the parking area and loading zones. OST will begin work on designing site plans in 2021 and will submit these to CDOT for approval by the resident engineer and property management prior to any construction. The identified areas for specific improvements include South Gate, the Beach, the North Gate and the Pedestrian Bridge Take-out/designated pull-off parking to the south. RECEPTION#: 679610, 08/18/2021 at 12:45:58 PM, Pgs 24 of 24,Janice K.Vos Caudill, Pitkin County, CO c. Installation of interpretive signage. Any interpretive or informative signage will be included in the site plan designs submitted for approval prior to construction/installation, Plans would not exceed a maximum of four (4) signs per parking area/river access. d. Installation of bike racks. Any bike racks will be included in the site plan designs submitted for approval prior to construction/installation. It is anticipated that there would be bike racks accommodating between 5 and 30 bicycles at each of the four designated parking areas. e. Installation of fences and storage areas. Any fences or storage areas will be included in the site plan designs submitted for approval prior to construction/installation. Storage areas to serve the boating/paddling community may be a part of the site plans; these would be limited to South Gate and the Pedestrian Bridge Takeout, if warranted, as part of the site plan development. f. East of Aspen Trail and bridge improvements located within the lease area. There are portions of the East of Aspen Trail around the Pedestrian Bridge that do not currently meet ADA guidelines. OST would like to work within the lease area and adjacent OST property to improve the existing trail to meet these specifications. RECEPTION#: 679621, R: $0.00, D: $0.00, 08/18/2021 at 01:45:09 PM, Pgs 1 of 22,Janice K.Vos Caudill, Pitkin County, CO Contract No. 157.2021 PROPERTY MGMT.NO. 1 0 ) FS 7 NO PROJECT: C 57-0082-09 LOCATION: $H•82 LEASE AGREEMENT (Vacant Land)F THIS LEASE AGREEMENT made and entered into this day of �u h e 2024 by and between the Slate 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 mulual promises contained herein,the parties hereto agree as follows: 1. PREMISES, Lessor hereby leases and demises unto Lessee the Premises,hereinafter referred 10 as the"Premises",located at SH 82 situated In Lot 13 of Section 17 and also in Lots 1.2.3.4.1Z and 15 of Section 20,Township 10 South,Range 84 West of the fit P.M..Pitkin Count( The Premises,known and described as Parcel L-13 and 14,L-13(A),of Project C 57-0082.09 includes approximately 163.136 square feel(3.745 acres)of land area.The teased Premises being as shown on the plat attached herein and described in the legal description attached and made a part hereof and marked'Exhibit A'. 2. TERM.The Initial term of This lease shall be for a period of twenty(20)years,beginning on June 15.2021 and end 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 o1 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 teas 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 shalt be made payable to the Colorado Department of Transportation at: Coto.Dept.of Transportation C►o Accounting Receipts&Deposits 2829 W.Howard Pl..5v.Floor Denver.CO 80204 or at such place as Lessor from lime to time designates by notice as provided herein. In the event Lessor has not received the rental installment hereunder on or before the tenth(10)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 for a 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 2arkfng for nearby recreational areas for North Star, 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 saxes,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 orindirectty 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 al any time for the purpose of making necessary inspections. 6. HOLD HARMLESS. The Lessee shall save,indemnity and hold harmless the Lessor and FHWA for any liability for damage or loss to persons or propertyresetting from Lessee's occupancy or use of the Premises. Rev.1012019 Page 1 of RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 2 of 22,Janice K.Vos Caudill, Pitkin County, CO 7. OWNERSHIP. The Stale of Colorado is the owner or the Premises.Lessor warrants and represents himself to be the authorized agent of 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 far 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 al any lime 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 act or thing,which shall be a violation of any ordinance of the municipality,City,County,or of any law of the State of Colorado or the United States. The Lessee shalt not use the Premises for any manner,which shalt 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 parson 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 PI.,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 State of Colorado applicable to such tenancy. The Rev,1012019 Page 2 of 6 RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 3 of 22,Janice K.Vos Caudill, Pitkin County, CO rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of 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,iaderenify 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 attorney's fees and litigation costs,related to the presence,disposal,release or clean-up of arty 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 maybe 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 taw,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 or at any time thereafter, re-enter the Premises and remove there from all persons and properly 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 lime 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, al all limes 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,al 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. Page 3 of 6 Rev.1012019 RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 4 of 22,Janice K.Vos Caudill, Pitkin County, CO (b) Workers'Compensation Insurance as required by Slate 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. (c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 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. COOT 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 with 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 CDOT as an Additional Insured, (f) COOT shall be named as Additional Insured on the Commercial General Liability 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 slating that each carrier will waive all rights of recovery,under subrogation or otherwise,against COOT,its agencies,inslitutions, organizations,officers,agents,employees and volunteers. (i) All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to COOT. 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 CDOT,evidence satisfactory to COOT of compliance with the provisions of this section.Insurance coverage must be in effect or this lease is in default. (k) Notwilhstanding 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,et 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 CDOT as an Additional Insured, (I) ff 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 with the installation,operation, Page 4 of 6 Rev.10l2019 RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 5 of 22,Janice K.Vos Caudill, Pitkin County, CO 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. 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 arty authority having jurisdiction to approve such work. Further,Lessee shall and agrees to save 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 an 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. I) Lessee shall have the authority to create and enforce rules and regulations that it considers consistent with the use of the facility for parking and trail use. Enforcement may include but is not limited to parking,trail use,loading zones,signage,bike racks,fences and storage areas.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 North Star Management Plan Ordinance as adopted by the BOCC.No.29-2020 Reception 1167311.Any amendments to that agreement will be provided to Lessor and subject to review and approval. Rev.10/2019 Page 5 of 6 RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 6 of 22,Janice K.Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF,the parties hereto have executed this lease agreement on the day and year first above written, r. xi, LESSEE *_. SEAL : C/hair,Board of County Commission J Y .•• '�• Board of County Commissioners r • ,• of Pltkin County L{;iiNO - (If orpor lion) +' ey rl‹ ELe_y 1—ietv,G/fc,r_�7S 1Cce Attest(Se l) Title f A r f' ((` F 1 By 4'7 '1 L,�,-'tL _ -C{-'- ecretary Federal Tax Identification Number STATES OF COLORADO ) ss COUNTY OF ) The f.regoin in trume/rt was, bscribed and sworn to before me this I day of/�j/c-}_, , ?)G,�/ by A_ -1i / Su f b ri+, r r'_ as f and attested to b_y j 4f' w, k ?�C�1.v i as_ il,�,,,4,,; s, 4 - y f l of the Board of County Commissioners of Pilkin County,Colorado, t Wilness my hand and official seal, My commission expires /J=-.yIT ... -i , — -- S, Notary Public Address: 2829 W.Howard PI. Denver,CO 80204 LESSOR' ATTEST: COLORAp. * PA- M .T OF TRANSP• 'Any is ar:t1)..fx_ Lj &4_ I., I A,.Alicia Clemons •ephen Hairs!o '.E T Chief Clerk-Property Management Chief Engineer JULIA F.,.Y NOTARY PUBLIC STATE OF COLORADO NOTARY lD 20204945291 MY COMMISSION E XP PE S December 30.2024 Rev 10/2019 Page 6 of 6 RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 7 of 22,Janice K.Vos Caudill, Pitkin County, CO Exhibit A COOT Project Number:C 57-0082-09 Parcel Number:L-13(A) July 18,2020 Legal Description North Star Lease Area A Lease Parcel within the State Highway 82 Right-of-Way as shown on the Colorado Department of Highways ROW PIans,Project No.C 57-0082-09,and lying within Lot 13,of Section 17,Township 10 South,Range 84 West of the 6"'P.M.,Pitkin County,State of Colorado,said parcel being fully described as follows: COMMENCING at a 3'''4"a B,L.Ivl.Aluminum Cap found at the North one-quarter corner of Section 20,properly marked and dated 1978,Thence N37°04'57"W a distance of 887.25 feet to a point on the Northeasterly edge of pavement,as it exists,of Colorado State Highway 82,the TRUE POINT OF BEGIN'!NN1NGi Thence along said Northeasterly edge of pavement the following six(6)courses; I. Thence N 30°S0'18"W a distance of[5.14 feet 2. Thence 127.41 feet along a curve to the left,having a radius of 485.00 feet,a central angle of 015°03'06", the chord of which bears N 38°21'51"W,a distance of 127.04 feet; 3. Thence N 45°53'24"W a distance of 117.64 feet; 4. Thence N 48°03'34"W a distance of 170.37 feet; 5 Thence 178.54 feet along a curve to the left,having a radius of 575.00 feet,a central angle of 017°47'26", the chord of which bears N 56°57'17"W,a distance of 177.82 feet; 6. Thence N 65°5 i'00"W a distance of 6.05 feet; Thence leaving said edge of pavement N 24°53'42"E a distance of 28.04 feet; Thence S 63°58'37"E a distance of 42 63 feet; Thence S 43°28'00"E a distance of 68.21 feet; Thence S 53°53'26"E a distance of 95.12 feet; Thence S 47°09'40" E a distance of 330.31 feet; Thence S 55°23'51' E a distance of 40.52 feet; Thence S 37°36'48"E a distance of 61.51 feet; Thence S 69°53'26"W a distance of 36.83 feet to the POINT OF BEGINNING. The above described Lease Parcel L-13(A)contains 0.23 acres(10,183 square feet),more or less. Basis of Bearings:All bearings recited herein are based on a bearing of S21°36'23"E a distance of 2845.86 feet between monuments found being a 3 A" B.L.M.Aluminum Cap at the North'A Corner of Section 20,properly marked and dated 1978 and a B.L.M. Brass Cap at the Southeast corner of said Lot 15, properly marked and dated 1978. 11.1.... IS• Legal description created by: ff 'sna'o•,ys Robert E.Brandeberry o 38388 Colorado PLS#38388 ;a t. '73%7 a z0.L0•:ace For,and on behalf of Pitkin County and SGM Inc. s • . ���N41 L ANC She RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 8 of 22,Janice K.Vos Caudill, Pitkin County, CO CDOT Project Number:C 57-0082-09 Parcel Number: L-13& 14 July 18,2020 Leal Description North Star Lease Area A Lease Parcel within the State Highway 82 Right-of-Way as shown on the Colorado Department of Highways ROW Plans,Project No.C 57-0082-09 and as described in that Boundary Agreement recorded as Reception No.663354,and lying within Lot 13,of Section 17 and also in Lots 1,2,3,4, 12, and 15,of Section 20,Township 10 South,Range 84 West of the 611'P.M.,Pitkin County,State of Colorado,said parcel being fully described as follows: COMMENCING at a 3 'A"a B.L.M.AIuminum Cap found at the North one-quarter corner of Section 20, properly marked and dated 1978,Thence N40°33'28"W a distance of 1236.81 feet,to the Northeast corner of the Second Amendment to Lot 1,The Preserve Subdivision and Amendment No.2 Northeast Common Open Space,the Preserve,as shown in the Plat thereof,Reception No. 600391 being monumented with 5/8"rebar,the TRUE POINT OF BEGINNING Thence N 32°02'I2"E a distance of 15.39 feet to a point on the Southwesterly edge of pavement,as it exists,of Colorado State Highway 82;Thence along said southwesterly edge of pavement the following seventeen(17)courses; 1. Thence S 45°54'27"E a distance of 243.55 feet; 2. Thence 227.71 feet along a curve to the right,having a radius of 286.34 feet,a central angle of 045°33'50",the chord of which bears S 23°07'32"E,a distance of 221.76 feet; 3 Thence S 00°20'37"E a distance of 183.05 feet; 4. Thence 193.51 feet along a curve to the left, having a radius of 562.83 feet, a central angle of 019°41'57",the chord of which bears S 10°11'36"E,a distance of 192.56 feet; 5. Thence S 20'02'35"E a distance of 94.15 feet; 6. Thence 335.80 feet along a curve to the left, having a radius of 607.11 feet,a central angle of 031°41'26',the chord of which bears S 35°53'18"E,a distance of 331.53 feet; 7. Thence S 51'44'00"E a distance of 606.85 feet; 8. Thence 253.30 feet along a curve to the right,having a radius of 324.49 feet,a central angle of 044°43'33",the chord of which bears S 29°22'I4"E,a distance of 246.92 feet; 9. Thence S 07°00'28' E a distance of 405.70 feet; 10.Thence 364.87 feet along a curve to the left, having a radius of 443.11 feet, a central angle of 047'10'46",the chord of which bears S 30°35'5l" E,a distance of 354.65 feet; 11 Thence S 541 1'14"E a distance of 201.60 feet; 12 Thence 258.08 feet along a curve to the right, having a radius of 504.31 feet,a central angle of 029°19'16",the chord of which hears S 39°31'36"E,a distance of 255.27 feet; 13 Thence S 24°51'58"E a distance of 142.34 feet; 14.Thence 232.88 feet along a curve to the right,having a radius of 586.25 feet,a central angle of 022°45'37",the chord of which bears S 13°29'I0"E,a distance of 231.35 feet; 15.Thence S 02°06'21"E a distance of 121.67 feet; RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 9 of 22,Janice K.Vos Caudill, Pitkin County, CO 16.Thence 183.61 feet along a curve to the left, having a radius of 563.03 feet, a central angle of O18"41'07",the chord of which bears S 1 1°26'55"E,a distance of 182.80 feet; 17.Thence S 20°47'28"E a distance of 80.60 feet to a point on the East line of said Lot 15; Thence leaving said edge of pavement S 06'13'55"W along the East lint of said Lot 15 a distance of 39.74 feet to the common boundary line between Pitkin County and the State Highway 82 Right-of-Way according to the Boundary Agreement recorded as Reception No. 663354;Thence along said common boundary line between the following eighty-six(86)courses; 1. Thence N 26°25'57"W a distance of 46.72 feet; 2. Thence N 33°34'11"W a distance of 153.01 feet; 3. Thence N 24°15'54"W a distance of 25.53 feet; 4. Thence N 00°29'47"W a distance of 46.98 feet; 5. Thence N 10'04'17"E a distance of 57.18 feet; 6. Thence N 14°54'47"E a distance of 80,48 feet; 7. Thence N 01°26'49"E a distance of 23.32 feet; 8. Thence N 05°57'01"W a distance of 64.18 feet; 9. Thence N 09°22'06"W a distance of 45.68 feet; 10.Thence N 17'34'50"W a distance of 144.78 feet; 11.Thence N 28°08'55"W a distance of 51.56 feet; 12.Thence N 24'12'23"W a distance of 100.73 feet; 13.Thence N 35°37'18"W a distance of 37.33 feet; 14.Thence S 60°51'00"W a distance of 7.86 feet; IS.Thence N 29°09'00"W a distance of 20.00 feet; l n.Thence N 60°51'00"E a distance of 5.59 feet; 17.Thence N 35°37'18"W a distance of 35.17 feet; 18.Thence 79.02 feet along a non-tangent curve to the left,having a radius of 300.00 feet, a central angle of 015°05'28",the chord of which bears N 44°40'53"W a distance of 78.79 feet; 19.Thence N 52°13'37"W a distance of 270.05 feet; 20 Thence 133.47 feet along a curve to the right, having a radius of 400.00 feet, a central angle of 019°07'04",the chord of which bears N 42°40'05"W,a distance of 132.85 feet; 21, Thence N 33'06'34"W a distance of 19.12 feet; 22.Thence N 61°26'53"W a distance of 37.01 feet; 23.Thence N 53'00'53"W a distance of 24.64 feet; 24.Thence 118.01 feet along a curve to the right,having a radius of 150.00 feet,a central angle of 045°04'39",the chord of which bears N 30°28'34"W,a distance of 114.99 feet; 25.Thence N 07'56'14"W a distance of 254.28 feet; RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 10 of 22,Janice K.Vos Caudill, Pitkin County, CO 26.Thence N 14°14'39"E a distance of 126.28 feet; 27.Thence N 05°50'13"E a distance of 10.38 feet; 28.Thence N I 1°27'49"W a distance of 162.70 feet; 29.Thence N 30°09'20"W a distance of 47.49 feet; 30.Thence N 35°50'57"W a distance of 12.44 feet; 31.Thence 5 59°00'23"W a distance of 6.91 feet; 32.Thence N 30°59'37"W a distance of 20.00 feet; 33.Thence N 59°00'23"E a distance of 5.22 feet; 34.Thence N 35°50'57"W a distance of 8.42 feet; 35 Thence N 46°04'53"W a distance of 24.91 feet; 36.Thence 41.27 feet along a curve to the left, having a radius of 75.00 feet, a central angle of 031°31'44",the chord of which bears N 6I°50'45"W,a distance of 40.75 feet; 37.Thence N 77°36'37"W a distance of 44.27 feet; 38.Thence N 71°23'40"W a distance of 75.87 feet; 39.Thence N 63°41'43"W a distance of 26.29 feet; 40.Thence N 54°54'51"W a distance of 53.49 feet; 41.Thence N 75°39'26"W a distance of 64.32 feet; 42.Thence N 30°57'47"W a distance of 15.1 I feet; 43.Thence N 09°47'39"E a distance of 32.12 feet; 44,Thence N 14°12'O1"E a distance of 14.50 feet; 45.Thence N 26°20'59"W a distance of 10.94 feet; 46.Thence N 32°18'29"W a distance of 8.11 feet; 47.Thence N 40°33'37"W a distance of 22.79 feet; 48.Thence N 25°12'40"W a distance of 11.07 feet; 49.Thence N 13'42'08"W a distance of 28.36 feet; 50. Thence N 48°13'53"W a distance of 5.47 feet; Si.Thence N 39°14'42"W a distance of 18.86 feet; 52 Thence N 49°20'59"W a distance of 148.77 feet; 53. Thence S 45°36'31"W a distance of 16.39 feet; 54.Thence N 44°23'29"W a distance of 20.00 feet; 55.Thence N 45°36'31"E a distance of 14.57 feet; RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 11 of 22,Janice K.Vos Caudill, Pitkin County, CO 56.Thence N 54°42'05"W a distance of 56.86 feet; 57.Thence 279.41 feet along a curve to the right,having a radius of 525.00 feet,a central angle of 030°29'38',the chord of which bears N 39°27'17"W,a distance of 276.13 feet; 58.Thence N 24°l2'28"W a distance of 34.74 feet; 59 Thence N 22°42'03"W a distance of 54.98 feet; 60, Thence N 20°30'56"W a distance of 54.76 feet; 61.Thence N 16°00'53"W a distance of 52.53 feet; 62.Thence N 15'52'38"W a distance of 51.05 feet; 63.Thence N 12°07'09"W a distance of 24.86 feet; 64.Thence N 10°41'I4"W a distance of 23.15 feet; 65.Thence N 07°36'05"W a distance of 60.95 feet; 66.Thence N 07°07'36"W a distance of 22.2I feet; 67.Thence N 02°10'31"W a distance of 11.38 feet; 68.Thence N 00°07'20"E a distance of 13.13 feet; 69.Thence N 04°05'32"E a distance of 42.81 feet; 70.Thence N 00°08'50"E a distance of 66.96 feet; 71.Thence N 09°50'29"E a distance of 43.30 feet; 72.Thence N 05°03'24"W a distance of 35.87 feet; 73.Thence N 15'36'44"W a distance of41.43 feet; 74.Thence N 08°58'04"W a distance of 23.60 feet; 75.Thence S 71°22'09"W a distance of 12.56 feet; 76.Thence N 18°37'S 1"W a distance of 20.00 feet; 77.Thence N 71'22'09"E a distance of 12.24 feet; 78.Thence N 22°36'44"W a distance of 7.05 feet; 79.Thence 71.19 feet along a curve to the left, having a radius of 102.00 feet, a central angle of 039°59'18",the chord of which bears N 42.36'24"W,a distance of 69.75 feet; 80.Thence N 53°41'34"W a distance of 36.67 feet; 81.Thence N 65°38'31"W a distance of 29.73 feet; 82.Thence N 53°07'04"W a distance of 28.98 feet; 83.Thence N 25°53'52"W a distance of 16.94 feet; 84.Thence Tel 42°44'58"W a distance of 14.15 feet; 85.Thence N 35°23'26"W a distance of 90.94 feet; RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 12 of 22,Janice K.Vos Caudill, Pitkin County, CO S6 Thence N 45°04'17"W a distance of 37.52 feet to the Easterly line of said Northeast Common Open Space; Thence N 32°02'13"E along said easterly line a distance of 7.22 feet to the POINT OF BEGINNING, The above described Lease Parcel L-13& 14 contains 3.51 acres(152,935 square feet),more or less. Basis of Bearings:All bearings recited herein arc based on a bearing of S21°36'23"E a distance of 2845.86 feet between monuments found being a 3 %" B.L.M. Aluminum Cap at the North''A Corner of Section 20, properly marked and dated 1978 and a B.L.M. Brass Cap at the Southeast corner of said Lot 15, properly marked and dated 1978. op'kk .a• QCe4/, F•. • Legal description created by: 4,4 T 38388 Y tr Robert E.Brandeberry 7- A ;s �:�k .� o _ • Colorado PLS#38388 Js•'•....... •'4� •. For,and on behalf of Pitkin County and SGM Inc. �yR l���� ' RECEPTION#: 679621, 0811812021 at 01:45:09 PM, Pgs 13 of 22,Janice K.Vos Caudill, Pitkin County, CO r Norfh Star Lease Parcel Exhibit L-13 & 14, L-13 (A) Situated in Lot 13,of Secton 17 and olso in Lois 1,2,3,4, 12,and 15 of Section 20 Township 10 South,Ronge 84 Wes1 of the 6th P.M, Pitkln County,Colorado 978 13 L,nn --id— .—9d la Alum.Cop �' I�^� 10.183 SLAM Parcel .Ft*13 (A) / ��' 0.234 Aorea! S' :\ 4- \> Graphic Scale \ / } 0 200 400 800 '� r� FA lJ • !. ,�- J / / FtLI«e li YATCNLINe 11 I �� 1 In Feel: 1' =400' / 4� 1 \ � .A 4 t` 197BB1hi. 1 AI,Jm Cop �F'L N 1/tSE_. 20 �;�� FL-- F'L ----FL LeanPared L-13 & 14 \\\`. `. lI 152.953 Sq. FL 3.511 Amick :�.ti s�L— \• YATONLIME �.` YATCNLINE 1, kN \ S. '‘`,. sN 1it II l 0. 1 Y AT CNLINp I. YA TCNiIM! e L \� '-1cf -Id ,* 0 -\ ,' r I � ---ld—LF,L- G+ 1 h ,� ' i l r; 1 i - r1 t 7 � � \ 1 _ ‘ Rec 583732 Troll and c !� Parking Esmi .A 1978 B L.M ti f cop „ ' Bras:cop al lie SE Corner o} Lot 15 h f n h, h 6SGM .� "I,a;.' Pop N,, coot Pro eel Pda C 57-0053-09 °a `' MI Lease Parcel Exhibit • I+e wai s„6,:,,.a,s,,r.70iiJ Pdkin County,Colorado •°i ,,unorr 1 Ci«0.i F IX-Ir.'L.:[i Bol ,. .d ,rr Overview RECEPTION#: 679621, 0811812021 at 01:45:09 PM, Pgs 14 of 22,Janice K.Vos Caudill, Pitkin County, CO North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) Situated in Lol 13,of Section 17 and also in Lois 1,2,3,4, 12,and 15 of Section 20 Township 10 Sou1h,Range 84 West of the 6th P,M. Rifkin Courtly.Colorado 74 v� �\ 'ate \ Graphic Scale `` `.'} \\\ o, Lebow Farnity Tiust 0 a0 80 160 I4,.., . \ .. \`' `�'\\ Rer F 51544E \ j \`\ , ,Q .... \\ `,\ In feel1"-80 N t6'. \ \ Fi ,.\ \\••• � YB\ \ \\ \�\ \ \ \CJpi . \ Point of Beginning ,�j\ \ /� \•. Lease Parcel L-13 & 14J�\...♦r\\�\ \ Gnu \\ \\ L105 \\ \\\/J 1 Leose Parcel L-13 (A) rrsi, / \ \\ \ \ \\ Leose 1Q183 Sq. Fl± �; L(' the Preserve Subd+Rion � e \ \\\s \ \',� \� \ 0.254 Acres e,j/e 6 `�.. a" >g\ \ \\ \ \ q-gcbwocyJ�e; / \\ \ \ \\\ ;,\ 400�oL,\05 fin° 4. \ \\\....\\/ \�_,/ (r \ \ /\ \ \ / ��O\ \\ \ \ ,,;: \, L101/ �; \\,\ \ \ c\`\ Leose mI Of LL-13n(A) L{2/ ` \\ \\ \\�>>J\\ s\ / Leose Parcel L-13 & 14 9- \ '\‘ .,,\ \ o. \ ' S7,953 Sq. Fl f �9� \�'S\\ \e\ \ / 3.511 Acrest I.\ \\ \ \lad\ \ \ ? r:i$ 1_97—..., \i-ti \ \ / r Pilkln County and Colorado E96 Department of Tronsporiollon � 8 o�", Boundary Agreement r�1 11 a P,ea No. 563354 e-s i-1 i o:'' r-i° L94 �1 S /' r" 1.93J1 C / w NI i ,i" '"x ‘ 1 qr • . 1 61 1378 B.l.},I. Tie n 3-1/4' Alum Cop Leose Parcel L-13(A -J +5 b N. 1/4 Sec 20 ' N37.9457 W 887.25' 0 POINT OF 1 .. a C01d1•lErraN; 4 Q Z Pitkin County S. 1 n e IA North Star Nature Preserve 4; a, 10 J i 7a'rJfA>i MATCHLINE I f�'s�� I I J "err 14 197�8 B LM, ' o C .B, 8ro Ss Cop J l - L..s6.g nepn..�rr 6 �.�al Ihe. a Corner pp 6 ofLntlS ! 1, A i A h ,r } a !��.�.'/S V CDOT ProJecl No.C 57 OOBiU9 04. Leose Parae! Pogo tJo na W.o sail sr,..,s,,u.200 Pifkin CovnF Colorado ae. noes�:o uw..5a `^yych tier.' r, 'o.-ry+ RI Exhibit `r;ay. -,ur.,M,� wr. ., 8 RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 15 of 22,Janice K.Vos Caudill, Pitkin County, CO North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) Siluated in Lot 13.of Section 17 and also in Lots 1,2,3,4, 12,and 15 of Section 20 i _ Township 10 South,Rance 84 West of the 6th P.M. n1 + °' fir' Fllkln Couniy,Colorado I ' I I� MATCHLINE I iJ 21 I !r-i2 .-'I I 1 III 1 1 r1 I ` C.dRAspen l I� �U Rec N 543008 , .....?\--' I 11 kl ti4 �i P 1� 1 \/ 1 11 ?\'' 1 1 --P 5 \?,1 \ ' \ 1 p h1 Oftd M A;pa_n \ Cr, Rec p 580621 riA sD\ n (5\ m ,� Graphic Scale cp 1 1; �, 0 40 80 160 c \ 1\\T, \\ In Feel.Al 80 _� \ \\ o r $ Pilkin Couniy and Colorado i' \ ,' \.a ` o Y Department of rronsportation _ " \ �\ `k o.' 0c,4' 8 Boundary Agreement \ \\ \ .!VzC"tc.'LC`' i Rec. No 653354 \ \` ,q, ?.- a ` �� Cis (':Sdld:.'d' \ \ ````Jt'• Rec a 531159 7 Lease Porcel L-13 & 14 \ \\ / ''''N,, g 152,953 Sq F!3—' \ \ . / N. m 3,511 Acresf \\ \ N . i \ \�\ ,f \w,•. o N. \\ \' N Pitkin County \ \, / North Star Nature Preserve N1% \\.\` °cam \� .. \\ \�\ <� \ \` \ \ TO TO MATCHLINE \\ N N 0. - £.flog A,chor! L7U— \ C,, L69-';-ti h hr Page No �M n�• ;�f;�;o,gH 1 6SG M COOT Project No.C 57 0082-C'9 °r••`* _ Lease Parcel ne vnns�,1.s.«I,s /w Flkrn Coun Colorado °" n�^ittro ci�. iii,,r,yi,c6 eleo! » ti—...r w EXhi A \ C, w...yn•,i•:“aw _,. ......^+ v47U 945 I r+ _ a B RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 16 of 22,Janice K.Vos Caudill, Pitkin County, CO North Star Lease Parcel Exhibit 1 L-13 & 14, L-13 (A) 51huated in Lot 13,of Section 17 and also in Lots I,2,3,4, 12,and 15 01 Section 20 .\'N ',: s. Township 10 South,Range 84 West of the 6th P,M, \ \\�N " ,' Pitkin County,Colorado \ Ts.N� \ N. N �1 },1i I11F \ \ /#rOFT Id L70- \ \� L69- \ III ahl 1 \\ ,\ Jerrr0y an Su:on h1 II r \ ftec a 590913 Lgg \ Ns a5'��°'�y ca \ \ \ Off. o,'uy oc e k \ \\ <' aN cif' plc c ��`1 \\``N., r o /X C„ Lsp� \ \ '''•c,;i i LS9\ \ \ '` v / \ \ • \. Lease Parcel L-13 & 14 1 ---� \\\\ `\ 152,953 Sp Ft 3- CJ?\ \\ , 3,511 Aares3 L53( \\ L52 \'� �\ L49�\ \ <s\ \1 1 0 � A i \\ PI{k'm Counl,v and Caiarodo It Cepa+lrnenl of TransporlatIon_/' 1 1 N Baun4ary Agrccmenl 1 1 Rec., No. 663354 C1 1 1 o q0' \\ -.I ti 1 \ 1r,`` 1 Pitkin County 1 1 North Star Nature Preserve 1 $ 41 1 I I f `}` I i I! 111 2 �' V } y11 rr \ �� lc I r Io 1 1 11 1 Graphic Scale I 1 c0 40 80 140 1 \ 1 i . ,ow�asi 1 In Feel: 1" $` 1 1 4. ', 1 4 1 IAATCHLINE 1 - iesllnq nlpn�)u 1 ' 1 1 ti 6SGM CDOT Projeal Na C 57{}08209 "-•* ^ P�! Lease Parcel 9c Na GIe whi 1.4 57.ri.sr..:m ow 1 1n:; .) ...eoe;M,,,co a ten! Pilkin County,Colorado E 4 iro.OS IOC, r.,*9T,r..i..,� , �••' 4xhibit ) a+ 8 RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 17 of 22,Janice K.Vos Caudill, Pitkin County, CO I North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) SHuafed in Lot 13.of Section 17 and also in Lots 1,2,3.4. 12,and 15 of Section 20 Township 10 South,Range 84 West of the 6th P.M. Rifkin Counh7,Colorodo .1 \\ 1 a ` 4 MATCHLINE 1 \ I 1 I ` 1 II 1 I 1 ` Graphic Scale \ \\\ o SO 8�J 160 43 \ \\ r 1 \ \ „q In Feel: 1" =d0 e!?\\ ;\ s•_„ -1d ie ld 1d —1d • \ s• J CDON B'ght-of-'Noy \ \� ' bored on deeds and \\ `/ ties to Section Corner monuments gyp\ \ `O,, i \ �fc'r. i 43551 Mgh:vo/9:CLC.leose Poloel L-13 te 14 \152,953 Sq. Ft.! \ \\'. • `O Rec p J37365 3.511 Acresi \ \ ?,, \ \ N IN N. ':D \ `.. 0,. ss N. \N. '^ P1lkln County and Colorado N. N. \••.` �cf.• \ Deportmen! of Traosparlolion i N. 'NZ'," 'v Boundary Agreement N. N. ` Rec. No 663J54 \\ \\•, .\• \ N. e \\ \\\`•\ 8 \\ N.N. ',. \ \1 , \\\ \ 3 \ Pifkin County \ �`\ North Star Nature Preserve 4\ \�' i \\ \ L35—\ Yr P C/ \I Ti i d r1 Fr,1l.g asphalt ti ti I , SGM a,.ri w Na Cool Pro eat PJo.C 570082-09 ^a Lease Parcel aw.n 3,o,,s•..,s41.1ao Pllkln Count Colorado n.. cri,;;o;a ll.ri-.�,w."e,.CO eleoi y. »r u, Exhibit 91,0,5.1004 ,,,,,,,,c.am ,,. ,-..,,,..w.,.. 0 8 RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 18 of 22,Janice K.Vos Caudill, Pitkin County, CO North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) Situated in Lot 13.of Seaton 17 and also in Lots 1,2,3,4, 12,and 15 of Section 20 G\ \ \Township 10Soufh,Range 84 West of the 6th P.M, \\ \ Plfkin County,Colorodo 7 \\ a1-- 6 its �\ ; pV \\ CGON Q,6e`L cc,6''iR`e eta L.33 sa \ \ �o aSEA �a w 1 \\ \ tau;ecs'o �° \ \\ -- ' ties e. \ t -' \ \ 11\ \`1 \ t\ s3_ ` 1 \1\�a f' Pitkin Cwjnty and Colorado / \ A Deparlrn Ent of Transporlolian // ‘ \ 1 8oundcry Agreement c-1 \ 1 Rea, No 553354 aD\ 1\ I f 1 \\0 \ l i I Pifkir County G1tNorth Star Nature Preserve o\ ` 1 1t 1 O a 1 Lease Parcel 1-13 & 74 �1 u c 152,953 Sq. Ft*`-- Y I r. 3.511 Acres# � I++I I 11 1 1 Ia 1 c. o 'r 1 I i . /Ir I i if' Shiuiri it 5 Graphic Scale / I I + Rec a 534551 D ao so 160 /' 3/ 1 Trl In Feel' 1'=80 Pa! \ 1 4 / I 1II \'>w ‘ k 4 / \ 1 ; \, // \ 0.\ \\ \\\ / \\ \��c \; car r FCf�a`rs5 o d 1 x _ \\ \ \y�base6 Sec °,;enle \ \C `t mown -ki \ olne a , it Red 583Ing ` /j 1 - Lrsi1,g ✓'r�o non 1ro'd and PdrN�Ing Esm! f', ii 6SGM „r 6.- Pa4t Na , COOT Pro_d rJo C 5T0092-09 "' Lease Parcel 4 0 W.11 3,w Sr..1.4 NN) a.. 1,1srmlo L ,f.r..ar ss. r.coei;,oi Pi���n County,Colorado C.J 'Oil .5.,pa. . ti...w ^, Exhibit RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 19 of 22,Janice K.Vos Caudill, Pitkin County, CO North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) S1lualed In Lol 13,of Secllon 17 and also in Lots 1,2,3,4, 12,and 15 of Section'20 Township ID South,Range 84 West of the 6th P.M. Plk.in Counly,Colorado Line Table r Line Table Line Table Line S Direction Length Line I 0irection Length Lone ! Qirectien Length 1.1 432'02'12'E 15.39' L47 N1127'49"W 162.70' 184 N07'36'05'w 60.95' L2 S45'54'27'E 243 55' L48 N30'09'20"4.1 47.49' L65 NO7'07'364 22.21' L4 50070'319 183,05' L49 1135'50'574 12.44' L86 110210'31"w 11.38' r L6 920'02'35'E 94.15' L50 559'00'23'W 6,91' L87 N00'07'20.E 13,13'J LB 951'44'00.E 605.85' L51 11305937'W 20.20' L88 N0405'32"E 42.81' L10 �907'00'28'Ey 405.70_ - L52 N59'00'23'E 5.22' 189 N00'08'50'E 66.96' L12 55411'I4'E 201.60' L53 N355D'57'W 8,42' L90 40930'29'6 43,30' L14 S24'51'58'E 142,34' L54 446'04'53'W 24.91' L91 NO5'03'24'W 35,87' L16 502'06'21'E i 121 67' L56 N77'36'3141? 44.27' 192 N15'36'44"W 41.43' L16 -520'47'28'E 80.60' L57 471'23'404 75,87' L93 508'55'04"w 23,50 ~ L19 50513'554 39,74' 158 N63141'43'W 26,29' L94 S71'22'09'W 12.56' - 120 rt72675'57.4V 46.72'J L59 h154'54'51"W 53,49' - L95 /118'37'51'W 20,00' L21 ^533'34'117W 153.01' L60 475'39'28'4 64 32' - L96 N71'22'09"E 12.24' L22 N2415'544 25,53' LEI N30'57'47'W 15,11' LS7 N22'36'444 7,05' 1- - 123 f NO029'47"W 46.98' -L62 N09'47'39"E 32.12' L98 N53'41'344 36,57' J L24 7710'04'17'E 57.16' L63 1.41412'01'E 14.50' L99 NE5'38'31'01 29,73' - L25 N14'54'41E 80,48' L64 N26'20'594 10.94' L100 453'07'044 28.98' L28 NO1'26'49% 23.32' L65 63218'29'4 8.11' L101 N25'53'524 15.94' 127_NO5'57'014 64,18' 166 N40'33'374 22,79' 1102 N42'44'584 14.15' L28 N09'22'064 45.68' L57 42512'40"W 11.07' L103 1435'23'264 90.94'J L29 NI7'34'504 144,78' 168 1113'42084 28.35' L104 N45'04'174 37,52' ' 130 N28'08'55"W 51.55'_ - 169 N4813'53'w 5.47' L105 h132'32'13"E 7.22' L31 112412'234 100,73' L70 113914'424 16.86' 1106 N3015018'4 15114' i - L32 N35'37'18'w 37.33' L71 1149'26594 148.77' L107 N45'53'244 117.64' L33 960'51'02 w 7.86' L72 545'36'314 16,39' L108 N46'03'34'W 170 37' 2 1.34 N29'09'00"w 20.00' L73 N44123'29'w 2000' 1109 N65'51'004 6 05' o ^L35 N60'51b0'E - 5.59' L74 N45'36'31"E 14.57' L110 'N24'53'42"E 26.04' 136 N35'37'i8'W 35.17' 175 N54'42'05'W 55.86' ^L111 553'58'37'E 42,63' . 138 N5213'37"W 270.05' L77 N2412'28'W 34.74' 111 543'28'00"E 68.21' 1 L40 N33'05'344 19,12' L78 422'42'03 W 54,98' L113 553'53'26.E 95,12' L41 �l61'Z6'53'W 37.01' 179 N20'30'Sb"w 54.76' LIt4 S47'04'40"E 330,31' , L42 N53'00'53'W 24.64'~ L80J N16'09'53'W 52,53' L115~55573'51'E 40.52' y L44 N075514'W 254,28' L81 N15'52'38' 51,05' 1116 537'36'48'E 61.51' M ' W c L45 N1414391 126.26' L82 412107'09'14 24.85' L117 55953'264 38.83' L46 N0550'13"E 10.38' L83 41014114'10i 23.15' S - 2 i a N n O hr �SGM µ . rc1:.rrW. r ♦� COOT Project No.C 57-0082 7G "" Page No. ew.,s.n s..,3.a.:oo [„" „iirMM0 lease Parcel Exhibit ��;��" se,,"� eosieoi Pd6an County,Colorado x, 111.'" Line Segment Table 4 w.. w.+ a 8 RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 20 of 22,Janice K.Vos Caudill, Pitkin County, CO ' 1 North Star Lease Parcel Exhibit L-13 & 14, L-13 (A) Situated in Lot 13,of Section 1 7 arid also in Lols 1,2,3,4. 12,and 15 of Section 20 Township 10 South,Range 64 West of the 6th P,M. Pitkin County,Colorado Curve Toth Curve !I Length Radius Delta Chord Direction Chord Length C1 227.71' 286.34' 45'33'5D" 523'07'32"E 221.76' C2 193.51' 56283 19'41'57' 5110-11'36'E 19255' C3 33580' 607,11' 31'41'25' S35'53'18'E 331.53' C4 253.30' 324.49' 44'43'33' 929'22'14'E 24692' C5 364.87' 443.11' 47.10'45' 530'35'51'E 354.65' C6 258.08' 504.31 29'19'16' S39'3t'36'E 255.27. C7 232.88' 586.25' 22'45'37' 51329161 231 35' C8 183,61' 663.D3' 18'41'07' 611'26'55'E 18283' C9 79.02' 300,00' 15'05'28' N44'40'53'W 7879' C10 133,47' 400,00' 19'07'04' N42'40'05'14 132.85' 011 110.01' 150,0D' 45'04'39'1 N3078'.34"W 114,99' 012 41,27' 75,00' 31'31'44' N61'50'45'W 40.75' 013 279.41' 525.00' 30'29'38' N39'27'17'W 276.13' C14 71.19' 102,00' 39'59'18" N42'36'24"14 69 75' C15 127,41' 485.00' 1503'06' N38'21'51'9 127 04' 016 178.54' 575.00' 17'47'26' N56'57'17"W 177,82' ti a� a N h vs "xa.. min.rr on. SG M CDO1 Project No.C 57-0082-04 °'^^ "s Lease Parcel Exhibit An9 No ,l a vr.n s,.M sr..r see.2:q Pilkln Cow C 1rro:o 8 y,Colorado it, Curve Segment Table cr 8 RECEPTION#: 679621, 0811812021 at 01:45:09 PM, Pgs 21 of 22,Janice K.Vos Caudill, Pitkin County, CO EXHIBIT B - North Star Lease a. Enforcement of the lease area including parking and trail use. The lease area would be subject to Title 12 of the Pitkin County Code, as amended, and North Star Management Plan (as amended) rules. Title 12 outlines the rules and regulations for the public use of Open Space and Trails properties. The North Star Management Plan was most recently adopted in 2020 and is on a roughly 5-year update schedule. Applicable current Management Plan and Title 12 rules and regulations include, but are not limited to, the identification of allowed uses as well as regulations including requiring dogs to be on a leash or excluding them from certain areas; prohibiting camping/fires, littering/waste disposal, disorderly conduct, and hazardous activities; and encouraging resource and wildlife protection. Title 12 regulations specific to parking are listed in section 12.04.030 and include: - Vehicles must be parked in designated areas, and/or in compliance with all posted parking signs, - Only persons with a disability may park in spaces designated for persons with disabilities. A license plate or placard obtained pursuant to 42-3-1208 (4), C.R.S., as amended, shall be displayed at all times while vehicle is parked in such a space. - It shall be unlawful to park in a manner that impedes access or use of any OST asset or the safe flow of traffic. - Any vehicle found in violation of 12.04.030 (A) may be subject to towing or impoundment at the expense of the owner. Primarily, the Lease Agreement will enable OST rangers to enforce the parking regulations within the Highway 82 right-of-way for vehicles not parked within a designated area or outside of the Highway 82 travel lane. The northern portion of this lease area has recently been improved with new CDOT signage implemented in 2020 between mile markers 42,65 and 43.2, in partnership with Open Space and Trails. OST will enforce within the lease area according to the posted signage. OST will work with COOT on any additional signage needs within the lease area with the goal of directing parking to designated areas, enforced though Open Space and Trails parking tickets. b. Improve the parking area and loading zones. OST will begin work on designing site plans in 2021 and will submit these to CDOT for approval by the resident engineer and property management prior to any construction. The identified areas for specific improvements include South Gate, the Beach, the North Gate and the Pedestrian Bridge Take-out/designated pull-off parking to the south. RECEPTION#: 679621, 08/18/2021 at 01:45:09 PM, Pgs 22 of 22,Janice K.Vos Caudill, Pitkin County, CO c. Installation of interpretive signage. Any interpretive or informative signage will be included in the site plan designs submitted for approval prior to construction/installation, Plans would not exceed a maximum of four (4) signs per parking area/river access. d. Installation of bike racks. Any bike racks will be included in the site plan designs submitted for approval prior to construction/installation. It is anticipated that there would be bike racks accommodating between 5 and 30 bicycles at each of the four designated parking areas. e. Installation of fences and storage areas. Any fences or storage areas will be included in the site plan designs submitted for approval prior to construction/installation. Storage areas to serve the boating/paddling community may be a part of the site plans; these would be limited to South Gate and the Pedestrian Bridge Takeout, if warranted, as part of the site plan development. f. East of Aspen Trail and bridge improvements located within the lease area. There are portions of the East of Aspen Trail around the Pedestrian Bridge that do not currently meet ADA guidelines. OST would like to work within the lease area and adjacent OST property to improve the existing trail to meet these specifications.