HomeMy WebLinkAboutbocc.ord.009.2018 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO, AUTHORIZING AN AGRICULTURAL LEASE OF THE
GRACE SHEHI OPEN SPACE BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND GRANGE FAMILY RANCHES
CONTRACT
ORDINANCE NO. (7�v -2018 # /Y`1 20/ `S
RECITALS: £ /1(4-4-64_e (,,t,.F)
I. Pursuant to 30-35-301 C R S , the Board of County Commissioners of Pitkin County,
Colorado("BOCC"), a home rule county, is authorized to make and publish ordinances
fur carrying into effect or discharging the powers and duties conferred upon such
counties by law and as seems necessary
2. 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 Reused Statues as amended.
3. The Voters of Pitkin County and the Board of County Commissioners of Pitkin County
("BOCC")established an Open Space and Trails Fund for the purposes of acquiring,
preserving, managing, and maintaining open space and trails assets and resources. and
established an Open Space and Trails Board of Trustees ("OSTB") to guide the
expenditure of those funds
4. The Open Space and Trails Program ("OST') is charged with protecting agriculture,open
space,habitat, scenic view planes,water rights and river access.
5. An Agricultural Lease Bid Process and Policy was adopted by the OSTB on October 7,
2014 (updated September 21, 2017)to implement the County's Procurement Code and
guide OST staff in selecting appropriate tenants to manage and lease OST agricultural
properties
6. The Grace Shehi Open Space is comprised of 25 acres located next to the Basalt High
School in Basalt, Colorado and acquired by Pitkin County August 20, 2010 The
property was acquired to preserve and expand the agricultural, scenic, wildlife, and
recreational values of the property
7. The Procurement Code requires BOCC approval pursuant to an Ordinance for the leasing
of any Pitkin County property for more than one year
8 The Grace Shehi Open Space Management Plan was adopted in March 2012 and
identifies continued hay production on the remaining pasture until future agncultural uses
are determined as a management action.
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RECEPTION#: 647146, R: $0.00, D: $0.00 Ordinance 40q -2018
DOC CODE: ORDINANCE
Pg 1 of 11,05/07/2018 at 10:30:27 AM
Janice K.Vos Caudill, Pitkin County,CO
9. On December 12, 2017,the OSTB recommended that the BOCC approve the proposed
lease for the Grace Shehi Open Space between the BOCC and Grange Family Ranches
10. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pitkin County
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance Authorizing an Agricuhural Lease of the
Grace Shehi Open Space 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
Signatures on next page
Ordinance iO4 -2018
INTRODUCED AND FIRST READ ON THE 10TH DAY OF JANUARY, 2017 AND SET FOR
SECOND READING AND PUBLIC' HEARING ON THE 24TH DAY OF JANUARY, 2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF WE
R SOLUTION PUBLISHED IN THE ASPFN TIMES WEEKLY ON THE /(Iik• DAY OF
/ (� ll.vG✓� . 2018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIA PITKIN COUNTY WEBSITE (www pnkmcounty.com ) ON THE
((w' DAY OF V(Gr 2018 ct
ADO TED AFTER FINAL READING AND PUBLIC HEARING ON THE-/ DAY
OF Cc 2018.
PUBLISHED BY TITLE AND SHORT SUMXRY,AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE kit DAY OF 1.7„ehyv4r7', 2018
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 9.5' DAY OF CK.11.1th.y . 2018
ATTEST: BOARD OF COUNTY/+nCOMMISSIONERS
RD
By Ill Al �.I /I LA' By. I 11A"024'\
e tte Jones / Patti Clapper, Chair
De. ty County CIe '
Date. 0 I — b - 1 5
APPROVED AS TO FORM& MANAGER APPROVAL
Jo y, County Attorney on Peacock,ounty Manager
OPEN1SPACE & TRAILS
"V\
Gary Tenenbaum, Director
Ordinance 00Q -2018
AGRICULTURAL LAND LEASE
att
This lease is entered into this Ti day of a4L1/[c r , 201 $ by and between the
Board of County Commissioners of Pitkin County,Colorado,her inafter"Landlord'or"County",
and Grange Family Ranches,408 West Cody Lane,Basalt, CO 81621, hereinafter"Tenant".
Now therefore, in consideration of the mutual covenants and promises contained herein,
the parties agree as follows
1. Purpose and Intent Landlord and Tenant intend that the property, all
appurtenances, water rights, easements and improvements be used for active agricultural
production Agricultural production shall continue during the entire term of the lease without
interruption,consistent with accepted agricultural practices and the agriculture production plan for
the property proposed by Tenant and accepted by Landlord, in writing,and made part of this lease.
2. Leased Property. Landlord in consideration of the terms contained herein leases to
the Tenant,pursuant to the attached Annual Operating Plan,the following described real property.
Grace Shehi Open Space,together with all appurtenant easements and improvements("Property")
3. Lease Tenn Unless earlier terminated by operation of this lease, the lease term
shall be in effect as of the date the lease is entered above,to December 31, 2022 This lease shall
not be renewed or extended except through express written amendment to this lease. Tenant is
expressly prohibited from holding over beyond the expiration of the lease term without express
written permission of Landlord.
4. Rent. Tenant's rent will be paid in the form of in-kind services,including imgatmg
the maintenance of pastures.
AGRICULTURAL PROVISIONS
Soil Testing. Except as modified by the Annual Operating Plan, it shall be the
responsibility of the Tenant to test the soil of the Property twice a year. Soil samples shall be
gathered from a representative portion of the leased property. Soil samples will be gathered during
the month of May and during the month of September. Soil samples will be tested through the
Colorado State University extension office.
2 Weed Control Tenant is responsible for the removal of all noxious weeds as
defined in the Colorado Noxious Weed Act. Removal of noxious weeds shall he before individual
plants go to seed The use of any herbicide shall be particularly approved by the County as part
of the Annual Operating Plan for the Property
3. Pest Control Tenant may engage in control, removal,or a ratification of any pests
or predators only with the express approval of the County. Methods for pest control shall be
contained in the Annual Operating Plan.
4 Fertilizers. The application of any and all fertilizer agents shall be based upon
the results of the soil tests and with the recommendation of Colorado State University. The intent
of the application of any fertilizer will be to restore or improve soil conditions. The type of
AGRICULTURAL LAND LEASE
PAGE 2 or 8
fertilizer to be used as well as its application schedule and application method shall be contained
within the Annual Operating Plan for the Property.
5. Livestock. Livestock may be maintained on the Property consistent with the
Annual Operating Plan. Livestock shall be penned or pastured so as not to cause the destruction
of pasture grasses, soil depressions or swales,or in any way that would negatively affect irrigation
practices Watering of livestock shall be conducted in approved areas consistent with the Annual
Operating Plan.
6. Vehicle and Machinery Storage. The storage of vehicles or machinery not actively
used as part of the agricultural operation is prohibited. The maintenance of vehicles and machinery
used in agricultural operations may he conducted only in designated areas Any spill or loss of
any fluid associated with vehicles or agricultural machinery must be collected and disposed of off
the Property consistent with applicable law
7. Existing Vegetation. Existing hedgerows and brush areas shall not be disturbed
except as specifically allowed in writing by the County or as incorporated into the Annual
Operating Plan.
8. Emblements. Tenant shall he entitled to all emblements if the termination of the
lease is not a result of Tenant's breach and shall retain harvest rights through the end of the growing
season. If the lease is terminated or canceled as a result of Tenant's default and failure to cure in
accordance with the terms of this lease, all agricultural products shall be harvested or otherwise
gathered and sold, if possible and reasonably practical, with the proceeds of such sale going to
Landlord to cover its costs and the remainder shared between Landlord and Tenant based on the
percentage of the growing season each was in possession of the Property. The Landlord will not
possess a security interest in the emblements
9 Fences. Tenant shall be responsible for maintaining all fences and gates in working
condition as necessary for the Tenant's proposed use,normal wear and tear excepted Removal of
fencing is permitted with Landlord's approval and must be reinstalled upon termination of this
lease if Tenant does not obtain a concurrent lease on the Property.
10 Water Rights Tenant shall utilize all water rights associated with the Property.
Landlord may enter the property to maintain a record of diversion or delivery amounts and the
areas of the Property watered Tenant shall not make any improvements or changes in the
irrigation infrastructure without written permission of the Landlord All irrigation improvements
become the property of the Landlord at the end of the lease. Tenant shall maintain all ditches,
laterals,tail runs,pipes, splitter boxes, and all other infrastructure associated with the use of water
on the Property Maintenance shall include but not be limited to burning, cleaning and dredging
ditch courses,clearing pipelines,keeping headgates and diversion structures in workable order
1L Erosion. Tenant shall not engage in any activity which results in the loss of soil or
changes the topography or grade of the Property All soil disking and tilling must be approved in
the Annual Operating Plan Irrigation activity must be temporarily halted if any ditch, lateral,
pipeline or other irrigation infrastructure becomes damaged or inoperable.
12 Annual Operating Plan. An Annual Operating Plan shall be developed for the
County by the Open Space and Trails Department, with the Tenant's input, within two months of
AGRICULTURAL LAND LEASE
PAGE 3 OF 8
the Tenant entering into this lease and will be reviewed and amended,if necessary,at least annually
(the"Annual Operating Plan")and incorporated into this lease. Landlord may terminate this lease
if Tenant fails to comply with any of the material provisions of the Annual Operating Plan. All
Annual Operating Plans shall include the type of agricultural activity to be conducted on the
Property and describe the areas of the Property that will be used for specific agricultural activities.
The plan will propose the anticipated water use and whether any changes are needed to the existing
irrigation infrastructure. The plan shall address any herbicide or pesticide applications to be used
on the Property and whether or not there are pests or predators to be removed or eradicated from
the Property. The plan shall include the anticipated season dates for the actual agricultural activity
as well as the winter cover for the areas of the Property on which agricultural activities were
conducted The plan shall include the types, method of application and timing for the application
of any fertilizer to be used. Amendments to the plan may be executed by the Open Space and
Trails Department.
13. Nordic Skiing. The location of the Grace-Shehi pasture is ideal for Nordic since it
is typically protected from wind and long periods of solar exposure. An alignment will be set
annually by Landlord, or designee, to utilize as much of the pasture and lower bench as possible
without disturbing agriculture use The combination of trails on Grace-Shehi pasture and the
Basalt High School allow approximately a mile of trail to expand from the Rio Grande Trail.
GENERAL PROVISIONS
1. Insurance. Tenant shall procure and maintain for the term of the lease, insurance
against claims for injury to persons or damage to Property which may arise from or in
connection with occupancy and use of the Property
The insurance requirements herein are minimum requirements for this lease and in no way limit
the indemnity covenants contained in this lease Tenant's insurance shall be primary and non-
contributory with any insurance or self-insurance purchased by the Landlord. The insurance
companies issuing the policy or policies hereunder shall have no recourse against the County
of Pitkin for payment of any premiums or for assessments under any form of policy. Any and all
deductibles or self-insured retentions in the above-described insurance policies shall be assumed
by and be for the amount of, and at the sole expense of the Tenant
Tenant shall assess its own risks and if it deems appropriate and/or prudent, maintain higher
limits and/cm broader coverages Tenant is not relieved of any liability or other obligations
assumed or pursuant to the lease by reason of its failure to obtain or maintain insurance
in sufficient amounts. duration, or types.
A. Coverage and Limits of Insurance: Tenant shall provide coverage with
limits of liability not less than those stated below. An umbrella and/or excess
liability policy may be used to meet the minimum liability requirements provided
that the coverage is written on a"following form"basis.
1. Statutory Workers' Compensation. Colorado statutory minimums
a Policy shall contain a waiver of subrogation against the County.
AGRICULTURAL LAND LEASE
PAGE 4 Or 8
b This requirement shall not apply when Tenant, contractor or
employee is exempt under Colorado Workers' Compensation Act , AND
when such contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Minimum Limits
Coverage A(Workers' Compensation) $ Statutory
Coverage B (Employers Liability) $ 500,000
2 Commercial General Liability—ISO I CG 0001 form or equivalent
(With County named additional insured)
Minimum Limits:
General Aggregate $ 500,000
Products/Completed Operations Aggregate $ 500,000
Each Occurrence Limit $ 500,000
Personal/Advertising Injury $ 500,000
Fire Damage(Any One Fire) Replacement Value of
any Structures
Medical Payments I Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Personal/Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract (including defense costs
assumed under contract)
• Independent Contractors
• Additional Insured—Owners, Lessees or Contractors Endorsement,
ISO Form 2010(2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement,
ISO CG 2037 (2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured
language on the Additional Insured Endorsements specified above
"County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents,
and volunteers named as an additional insured with respect to liability
and defense of suits arising out of the activities performed by, or on behalf
of the Contractor, including completed operations"
B Proof of Insurance:
L Each insurance policy required by the insurance provisions of this lease
AGRICULTURAL LAND LEASE
PAGE 5 OF 8
shall provide the required coverage and shall not be suspended, voided or
canceled except after thirty(30)days prior written notice has been given to the
County, except when cancellation is for non-payment of premium, then ten
(10)days prior notice may be given.Such notice shall be sent directly to Pitkin
County Open Space and Trails Department, 530 E. Main Street, 3'd Floor,
Aspen,Colorado, 81611. If the insurance carrier will not provide the required
notice, the Consultant/Contractor and or its insurance broker shall notify the
County of any cancellation,or reduction in coverage or limits of any insurance
within seven(7)days of receipt of insurers'notification to that effect.
2 Landlord reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this lease.
2. Indemnity.
A. Tenant agrees to indemnify, hold harmless and, not excluding the County's right to
participate, defend the County, its subsidiary, parent, associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, agents,
volunteers, and any jurisdiction or agency issuing permits for any work included m
the performance of this lease,hereinafter referred to as indemnitee, from all suits and
claims,including attorney's fees and cost of litigation,actions,loss,damage,expense,
cost or claims of any character or any nature arising out of the work done m
fulfillment of the terms of this lease or on account of any act,claim or amount arising
or recovered under workers'compensation law or arising out of the failure of Tenant
to conform to any statutes, ordinances, regulation, law or court decree. It is agreed
that Tenant will be responsible for primary loss investigation, defense and judgment
costs where this contract of indemnity applies. Pitkin County and its elected
Board shall be named as an additional insured with respect to any liability
arising out of the activities performed by, or on behalf of the Tenants on the
Leased Property
B Tenant further shall investigate,process,respond to, adjust,provide defense
for and defend,pay or settle all claims, demands,or lawsuits related hereto at its sole
expense and shall bear all other costs and expenses related thereto,even if the claim,
demand or lawsuit is groundless, false or fraudulent.
3. Assignability. Tenant agrees not to assign or sublease any part of the Property
without the written consent of the Landlord
4. Severability. In the event that any provision of this lease shall be held to be
invalid or unenforceable,the remammg provisions of this lease shall remain valid and binding
upon the parties hereto.
5. Integration and Modification This lease represents the entire and integrated
lease between the County and Tenant and supersedes all prior negotiations,representations, or
AGRICULTURAL LAND LEASE
PAGE 6 OF 8
contract, either written or oral This lease may be amended only by written contract signed by
both the County and Tenant.
6. Records Tenant shall maintain comprehensive, complete and accurate books,
records,and documents concerning its performance relating to this lease for a period of three(31
years after final payment undcr the lease and the County shall have the right within the three(3)
year period to inspect and audit these books, records and documents, upon demand, in a
reasonable manner and at reasonable times, for the purpose of determining, by accepted
accounting and auditing standards, compliance with all provisions of the lease and applicable
law.
7. Lease Made in Colorado. The parties agree that this lease was made in accordance
with the laws of the State of Colorado and shall be so construed Venue is agreed to he
exclusively in the courts of Pitkin County,Colorado
8. Attorney's Fees In the event that legal action is necessary to enforce any of the
provisions of this lease,the substantially prevailing party,whether by final judgment or out of court
settlement,shall recover from the other party all costs and expenses of such action or suit including
reasonable attorney's fees
9. Waiver. Failure of the County to exercise any right or remedy granted under this
lease shall not have the effect of waiving or limiting the exercise of the County, or of any other
right or remedy or the indication of such right or remedy at any future time
10. Governmental Immunity. Tenant agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this lease, the monetary limitations or
terms or any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, § 24-10-101,et seq ,C.R.S.,as from time to time amended,or otherwise available
to Pitkin County or any of its officers,agents or employees.Further,nothing in this lease shall be
construed or interpreted to require or provide for indemnification of Tenant by the County for any
injury to any person or any property damage whatsoever which is caused by the negligence or other
misconduct of the County or its agent or employees
11 Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and by one
of the following methods 1)hand-delivery or 2) registered or certified mail, postage pre-
paid to the mailing addresses set forth below Each party by notice sent under this paragraph may
change the address to which future notices should be sent Electronic delivery of notices shall
be considered delivered upon receipt of confirmation of delivery on the part of the sender.
Nothing contained herein shall be construed to preclude personal service of any notice in the
manner prescribed for personal service of a summons or other legal process
To: Pitkin County Open Space &Trails
Attn. Paul Holsinger
806 West Hallam Street
Aspen, Colorado 81611
AGRICULTURAL LAND LEASE
PAGE 7 OF 8
Fax: (970)920-5198
E-Mail Address: paul holsinger a pitkincounty corn
With Copies
To. Pitkin County Attorney's Office
123 Emma Road, #204
Basalt, CO 81621
Fax: (970)920-5198
E-Mail Attomey a ppitkincounty corn
To• Billy Grange
408 West Cody Lane
Basalt, CO 81621
E-Mail: gmgblyCt'msn corn
12 Default/Violation of Lease Terms Every clause herein contained is hereby made
a condition of this lease If Tenant fails to comply with any of the material provisions of this lease,
or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or
materially fails to comply with any duties imposed on Tenant by statute within seven(7)days after
delivery of written notice by Landlord specifying the non-compliance and indicating the intention
of Landlord to terminate the lease by reason thereof, Landlord may terminate this lease. At the
time of default or violation, Landlord may declare all unpaid rent for the remaining term of the
lease to be immediately due and payable within thirty(30) days notice to Tenant Tenant shall be
responsible to Landlord for the cost of repairs, legal fees, advertising and any other costs incurred
in preparing the Property for re-renting. Tenant agrees not to return to the premises after legal
removal
13 Section Headings. Paragraph or section headings within this lease are inserted
solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in
the construction of any terms or provisions contained herein.
MICELLANEOUS
1 Landlord reserves the right for itself,its agents,and employees to enter the Property
at any reasonable time to inspect the Property and to work and make improvements as the Landlord
shall deem necessary. Except in exigent or emergency circumstances, Landlord shall give Tenant
forty-eight(48) hours notice before entering Property
2. Landlord makes no guarantee of the productivity of the Property and assumes no
liability of any condition,visible or not,which may affect agricultural productivity of the Property.
Tenant agrees to accept the Property in an as is condition.
AGRICULTURAL LAND LEASE
PAGE 8 OF 8
3 Tenant shall perform all routine maintenance on the improvements on the Property
Tenant shall repair any damage to the improvements on the Property that are the result of acts of
third parties
4. Tenant shall not place store or use on the Property substances that are hazardous
toxic dangerous or harmful or which are defined as hazardous substances by the Comprehensive
Environmental Response Compensation and Liability Act(CERCLA),42 USC § 9601.
5 Tenant shall not pledge mortgage or cause any lien to be recorded against the
Property during the tern of this lease
6 Tenant shall not construct any building or improvement on the Property without
Landlord's written consent
7. Tenant shall not dispose of trash garbage rubbish or refuse on the Property
8 Tenant shall not permit any commercial activity on the Property apart from those
activities descnbed in the agricultural plan
IN WITNESS WHEREOF, the Landlord and Tenant have duly executed this lease on the
day and year first above written
TENANT: LANDLORD:
Board of County Commissioners of Pitkin
County
// II
By: i/t� a ary "^" ' ' By: I mo- alm- 0/ -36,-a7Q 15
Grange Family Ranches ate Chair Date
APPROVED AS TO FORM:
Ely
Pitkin County Attorney
CONTRACT
# /yL/ Jc/ss
AGRICULTURAL LAND LEASE
This lease is entered into this% day of At,µ,ba.r , 201 r by and between the
Board of County Commissioners of Pnkm County,Colorado,hcrLmaftcr"Landlord"or"County",
and Grange Family Ranches,408 West Cody Lane. Basalt, CO 81621,hereinafter"Tenant"
Now therefore, in consideration of the mutual covenants and promises contained herein,
the parties agree as follows:
Purpose and Intent Landlord and Tenant intend that the property, all
appurtenances, water rights, easements and improvements be used for active agricultural
production Agricultural production shall continue dunng the entire term of the lease without
interruption,consistent with accepted agricultural practices and the agriculture production plan for
the property proposed by Tenant and accepted by Landlord, in writing, and made part of this lease
Leased Property. Landlord in consideration of the terms contained herein leases to
the Tenant,pursuant to the attached Annual Operating Plan,the following described real property
Grace Shehi Open Space,together with all appurtenant casements and improvements("Property").
3. Lease Term. Unless earlier terminated by operation of this lease, the lease term
shall be in effect as of the date the lease is entered above,to December 31, 2022. This lease shall
not be renewed or extended except through express written amendment to this lease. Tenant is
expressly prohibited from holding over beyond the expiration of the lease term without express
written permission of Landlord
4. Rent. Tenant's rent will be paid in the form of in-kind services.including imgating
the maintenance of pastures
AGRICULTURAL PROVISIONS
Soil Testing. Except as modified by the Annual Operating Plan, it shall be the
responsibility of the Tenant to test the soil of the Property twice a year Soil samples shall be
gathered from a representative portion of the leased property Soil samples will be gathered dunng
the month of May and during the month of September Soil samples will be tested through the
Colorado State University extension office
2. Weed Control. Tenant is responsible for the removal of all noxious weeds as
defined in the Colorado Noxious Weed Act Removal of noxious weeds shall be before individual
plants go to seed. The use of any herbicide shall be particularly approved by the County as part
of the Annual Operating Plan for the Property.
3. Pest Control. Tenant may engage in control, removal,or a ratification of any pests
or predators only with the express approval of the County Methods for pest control shall be
contained in the Annual Operating Plan.
4. Fertilizers. The application of any and all fertilizer agents shall he based upon
the results of the soil tests and with the recommendation of Colorado State University The intent
of the application of any fertilizer will be to restore or improse soil conditions. The type of
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DOC CODE: LEASE
Pg 1 of 8,05/07/2018 at 10:30:28 AM
Janice K.Vos Caudill, Pitkin County, CO
AGRI('ULTUR.AL LAND LEASE
PAGE 2 DFS
fertilizer to be used as well as its application schedule and application method shall he contained
within the Annual Operating Plan for the Property.
5. Livestock. Livestock may be maintained on the Property consistent with the
Annual Operating Plan. Livestock shall be penned or pastured so as not to cause the destruction
of pasture grasses, soil depressions or swales,or in any way that would negatively affect irrigation
practices Watering of livestock shall be conducted in approved areas consistent with the Annual
Operating Plan.
6 Vehicle and Machinery Storage The storage of vehicles or machinery not actively
used as part of the agricultural operation is prohibited. The maintenance of vehicles and machinery
used in agricultural operations may he conducted only in designated areas Any spill or loss of
any fluid associated with vehicles or agricultural machinery must be collected and disposed of off
the Property consistent with applicable law
7. Existing Vegetation Existing hedgerows and brush areas shall not he disturbed
except as specifically allowed in writing by the County or as incorporated into the Annual
Operating Plan
8. Emblements. Tenant shall be entitled to all emblements if the termination of the
lease is not a result of Tenant's breach and shall retain harvest rights through the end of the growing
season If the lease is terminated or canceled as a result of Tenant's default and failure to cure in
accordance with the terms of this lease, all agncultural products shall be harvested or otherwise
gathered and sold, if possible and reasonably practical, with the proceeds of such sale going to
Landlord to cover its costs and the remainder shared between Landlord and Tenant based on the
percentage of the growing season each was in possession of the Property. The Landlord will not
possess a security interest in the emblements
9. Fences. Tenant shall be responsible for maintaining all fences and gates in working
condition as necessary for the Tenant's proposed use, normal wear and tear excepted. Removal of
fencing is permitted with Landlord's approval and must he reinstalled upon termination of this
lease if Tenant does not obtain a concurrent lease on the Property.
10 Water Rights Tenant shall utilize all water nghts associated with the Property.
Landlord may enter the property to maintain a record of diversion or delivery amounts and the
areas of the Property watered. Tenant shall not make any improvements or changes in the
imgation infrastructure without written permission of the Landlord All irrigation improvements
become the property of the Landlord at the end of the lease Tenant shall maintain all ditches,
laterals,tail runs,pipes, splitter boxes,and all other infrastructure associated with the use of water
on the Property Maintenance shall include but not be limited to burning, cleaning and dredging
ditch courses, cleanng pipelines, keeping headgates and diversion structures in workable order
11 Erosion Tenant shall not engage in any activity which results in the loss of soil or
changes the topography or grade of the Property All soil disking and tilling must be approved in
the Annual Operating Plan Irigation activity must be temporarily halted if any ditch, lateral,
pipeline or other irrigation infrastructure becomes damaged or inoperable
12. Annual Operating Plan An Annual Operating Plan shall be developed for the
County by the Open Space and Trails Department, with the Tenant's input,within two months of
AGRICULTURAL LAND LEASE
PALL 3 OF 8
the Tenant entering into this lease and will be reviewed and amended,if necessary,at least annually
(the"Annual Operating Plan')and incorporated into this lease Landlord may terminate this lease
if Tenant fails to comply with any of the material provisions of the Annual Operating Plan. All
Annual Operating Plans shall include the type of agricultural activity to be conducted on the
Property and describe the areas of the Property that will be used for specific agricultural activities
The plan will propose the anticipated water use and whether any changes are needed to the existing
irrigation infrastructure The plan shall address any herbicide or pesticide applications to be used
on the Property and whether or not there are pests or predators to be removed or eradicated from
the Property. The plan shall include the anticipated season dates for the actual agricultural activity
as well as the winter cover for the areas of the Property on which agricultural activities were
conducted The plan shall include the types, method of application and timing for the application
of any fertilizer to be used. Amendments to the plan may be executed by the Open Space and
Trails Department
13. Nordic Skiing The location of the Grace-Shehi pasture is ideal for Nordic since it
is typically protected from wind and long periods of solar exposure An alignment will be set
annually by Landlord, or designee, to utilize as much of the pasture and lower bench as possible
without disturbing agriculture use. The combination of trails on Grace-Shehi pasture and the
Basalt High School allow approximately a mile of trail to expand from the Rio Grande Trail.
GENERAL PROVISIONS
I. Insurance Tenant shall procure and maintain for the term of the lease, insurance
against claims for injury to persons or damage to Property which may arise from or in
connection with occupancy and use of the Property
The insurance requirements herein are minimum requirements for this lease and in no way limit
the indemnity covenants contained in this lease Tenant's insurance shall be primary and non-
contributory with any insurance or self-insurance purchased by the Landlord The insurance
companies issuing the policy or policies hereunder shall have no recourse against the County
of Pitkin for payment of any premiums or for assessments under any form of policy. Any and all
deductibles or self-insured retentions in the above-described insurance policies shall be assumed
by and be for the amount of, and at the sole expense of the Tenant
Tenant shall assess its own risks and if it deems appropriate and/or prudent, maintain higher
limits and/or broader coverages. Tenant is not relieved of any liability or other obligations
assumed or pursuant to the lease by reason of its failure to obtain or maintain insurance
in sufficient amounts, duration, or types.
A. Coverage and Limits of Insurance. Tenant shall provide coverage with
limits of liability not less than those stated below. An umbrella and/or excess
liability policy may be used to meet the minimum liability requirements provided
that the coverage is written on a "following form"basis
1 Statutory Workers' Compensation Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
AGRICULTURAL LAND LEASE
PAGE 4 OF 8
b. This i equirement shall not apply when Tenant, contractor or
employee is exempt under Colorado Workers' Compensation Act., AND
when such contractor or subcontractor executes the appropriate sole
proprietor wan er form
Minimum Limits
Coverage A(Workers' Compensation) $ Statutory
Coverage B (Employers Liability) $ 500,000
2 Commercial General Liability–ISO ICG 0001 font or equivalent
(If th County nailed additraaal oietired)
Minimum Limits-
General
imitsGeneral Aggregate $ 500,000
Products/Completed Operations Aggregate $ 500,000
Each Occurrence Limit $ 500,000
Personal/Advertising Injury $ 500,000
Fire Damage (Any One Fire) Replacement Value of
any Structures
Medical Payments (Any One Person) $ 5,000
Coverage to include'
• Premises and Operations
• Personal /Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract (including defense costs
assumed under contract)
• Independent Contractors
• Additional Insured—Owners, Lessees or Contractors Endorsement,
ISO Form 2010(2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement,
ISO CG 2037 (2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured
language on the Additional Insured Endorsements specified above:
"County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents,
and volunteers named as an additional insured with respect to liability
and defense of suits arising out of the activities performed by, or on behalf
of the Contractor, including completed operations "
B Proof of Insurance:
I. Each insurance policy required by the insurance provisions ofthis lease
AGRICULTURAL LAND LEASE
PAGE 5 OF 8
shall provide the required coverage and shall not be suspended, voided or
canceled except after thirty(30)days prior written notice has been given to the
County, except when cancellation is for non-payment of premium, then ten
(10)days prior notice maybe given Such notice shall be sent directly to Pitkin
County Open Space and Trails Department, 530 E. Main Street, 3N Floor,
Aspen,Colorado, 81611 If the insurance canter will not provide the required
notice, the Consultant/Contractor and or its insurance broker shall notify the
County of any cancellation,or reduction in coverage or limits of any insurance
within seven(7)days of receipt of insurers' notification to that effect
2 Landlord reserves the nght to request and receive a copy of any
policy and any policy endorsement at any time during the term of this lease.
2. Indemnity.
A Tenant agrees to indemnify, hold harmless and, not excluding the County's right to
participate, defend the County, its subsidiary, parent, associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, agents,
volunteers, and any junsdiction or agency issuing permits for any work included in
the performance of this lease,hereinafter referred to as indemnitee,from all suits and
claims, including attorney's fees and cost of litigation,actions,loss,damage,expense,
cost or claims of any character or any nature arising out of the work done in
fulfillment of the terms of this lease or on account of any act,claim or amount arising
or recovered under workers'compensation law or arising out of the failure of Tenant
to conform to any statutes, ordinances, regulation, law or court decree. It is agreed
that Tenant will be responsible for primary loss investigation, defense and judgment
costs where this contract of indemnity applies. Pitkin County and its elected
Board shall be named as an additional insured with respect to any liability
arising out of the activities performed by, or on behalf of the Tenants on the
Leased Property.
B Tenant further shall investigate, process, respond to, adjust,provide defense
for and defend,pay or settle all claims,demands,or lawsuits related hereto at its sole
expense and shall bear all other costs and expenses related thereto,ei en if the claim,
demand or lawsuit is groundless, false or fraudulent
3. Assignability. Tenant agrees not to assign or sublease any part of the Property
without the written consent of the Landlord
4. Severability In the event that any provision of this lease shall be held to be
invalid or unenforceable,the remaining provisions of this lease shall remain valid and binding
upon the parties hereto.
5 Integration and Modification. This lease represents the entire and integrated
lease between the County and Tenant and supersedes all pnor negotiations,representations. or
AGRICULTURAL LAND LEASE
PAGE 6 OF 8
contract, either written or oral. This lease may be amended only by written contract signed by
both the County and Tenant
6. Records. Tenant shall maintain comprehensive, complete and accurate books,
records,and documents concerning its performance relating to this lease for a period of three(3)
years after final payment under the lease and the County shall have the right within the three(3
year period to inspect and audit these books, records and documents, upon demand, in a
reasonable manner and at reasonable times, for the purpose of determining, by accepted
accounting and auditing standards, compliance with all provisions of the lease and applicable
law.
7. Lease Made in Colorado. The parties agree that this lease was made in accordance
with the laws of the State of Colorado and shall be so construed Venue is agreed to he
exclusively in the courts of Pitkin County, Colorado.
R
Attorneys Fees. In the event that legal action is necessary to enforce any of the
provisions of this lease,the substantially prevailing party,whether by final Judgment or out of court
settlement,shall recover from the other party all costs and expenses of such action or suit including
reasonable attorney's fees.
9 Waiver. Failure of the County to exercise any right or remedy granted under this
lease shall not have the effect of waiving or limiting the exercise of the County, or of any other
right or remedy or the indication of such right or remedy at any future time.
10. Gosemmental Immunity Tenant agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this lease, the monetary limitations or
terms or any other nghts, immunities, and protections provided by the Colorado Governmental
Immunity Act, § 24-10-101, et seq.,C.R.S.,as from time to time amended,or otherwise available
to Pitkin County or any of its officers, agents or employees Further,nothing in this lease shall he
construed or interpreted to require or provide for indemnification of Tenant by the County for any
injury to any person or any property damage whatsom cr which is caused by the negligence or other
misconduct of the County or its agent or employees
11. Notice Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and by one
of the following methods I)hand-delivery or 2)registered or certified mail, postage pre-
paid to the mailing addresses set forth below Each party by notice sent under this paragraph may
change the address to which future notices should be sent Electronic delivery of notices shall
be considered delivered upon receipt of confirmation of delivery on the part of the sender.
Nothing contained herein shall he construed to preclude personal service of any notice in the
manner prescribed for personal sen ice of a summons or other legal process
To: Pitkin County Open Space& Trails
Attm Paul Holsinger
806 West Hallam Street
Aspen. Colorado 81611
AGRICULTURAL I AND LEASE
PAGE 7 u4 8
Fax. (970) 920-5198
E-Mail Address paul.holsinger(dpitkincounty.com
With Copses
To: Pitkin County Attorney's Office
123 Emma Road. #204
Basalt, CO 81621
Fax' (970) 920-5198
E-Mail: Attomcy(upitkincounty.com
To• Billy Grange
408 West Cody Lane
Basalt, CO 81621
E-Mail: gmgbly(a'msn.com
12 Default/Violation of Lease Terms. Every clause herein contained is hereby made
a condition of this lease If Tenant fails to comply with any of the material provisions of this lease,
or of any present rules and regulations or any that may he hereafter prescribed by Landlord, or
materially fails to comply with any duties imposed on Tenant by statute within seven(7)days after
delivery of written notice by Landlord specifying the non-compliance and indicating the intention
of Landlord to terminate the lease by reason thereof, Landlord may terminate this lease. At the
time of default or violation, Landlord may declare all unpaid rent for the remaining term of the
lease to be immediately due and payable within thirty(30) days notice to Tenant Tenant shall be
responsible to Landlord fur the cost of repairs, legal fees, advertising and any other costs incurred
in preparing the Property for re-renting Tenant agrees not to return to the premises after legal
removal.
13 Section Headings Paragraph or section headings within this lease are inserted
solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in
the construction of any terms or provisions contained herein.
MICELLANEOUS
1. Landlord reserves the right for Itself,its agents,and employees to enter the Property
at any reasonable time to inspect the Property and to work and make improvements as the Landlord
shall deem necessary Except in exigent or emergency circumstances, Landlord shall give Tenant
forty-eight(48) hours notice before entering Property.
2. Landlord makes no guarantee of the productivity of the Property and assumes no
liability of any condition,visible or not,which may affect agricultural productivity of the Property.
Tenant agrees to accept the Property in an as is condition.
AGRICULTURAL LAND LEAST
PAGE 8 OF 8
3 Tenant shall perform all routine maintenance on the improvements on the Property
Tenant shall repair any damage to the improvements on the Property that are the result of acts of
third parties.
4 Tenant shall not place store or use on the Property substances that are hazardous
toxic dangerous or harmful or which are defined as hazardous substances by the Comprehensive
Environmental Response Compensation and Liability Act(CERCLA),42 USC § 9601.
5. Tenant shall not pledge mortgage or cause any lien to be recorded against the
Property during the term of this lease.
6 Tenant shall not construct any building or improvement on the Property without
Landlord's written consent
7. Tenant shall not dispose of trash garbage rubbish or refuse on the Property.
8. Tenant shall not permit any commercial activity on the Property apart from those
activities described in the agricultural plan.
IN WITNESS WHEREOF, the Landlord and Tenant have duly executed this lease on the
day and year first above written.
TENANT: LANDLORD:
Board of County Commissioners of Pitkin
/ County �+
By: (4_/44,.c! AZC-.0 By: +COIL- l�Y-D-O}>,t ‘2146,- )015
Grange Family Ranches ate Chair Date
APPROVED AS TO FORM:
phrrIVE-Ely
Pitkin County Attorney