HomeMy WebLinkAboutbocc.con.143.2018 - BOCC AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO, AUTHORIZING AN AGRICULTURAL LEASE OF THE
EMMA OPEN SPACE NORTH LEASE AREA BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE GRANGE FAMILY RANCHES
ORDINANCE NO. 06/ -2018 u /CO/NTRACT
RECITALS: tt
3 - 90/(d
. ✓�f1-GLzr1 )
1 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
for 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 Revised 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 Emma Open Space is comprised of approximately 58 acres located in the Emma area
of Pitkin County and was acquired by Pitkin County June 22, 2000 The property was
acquired to preserve the agiicultural, 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 Emma Open Space Management Plan was adopted on June 26, 2017, and identifies
historically leased areas continue to be leased using the County's lease bid process and
policy as a management action
1111111 IIIIINIIIIIIIIIIIIIIIIII111111m(1111111111liii!11111 liii1111111 Ordinance ooh -2018
DOC CODE. ORDINANCE
Pg 1 of 12,05/07/2018 at 10:30:25 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 Emma Open Space North Lease Area between the BOCC and the 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 Agricultural Lease of the
Emma Open Space North Lease Area 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 OOT -201g
INTRODUCED AND FIRST READ ON THE 10TH DAY OF JANUARY, 2018 AND SET
FOR SECOND READING AND PUBLIC HEARING ON THE 24111DAY OF JANUARY,
2018
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
R SOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 7/ " DAY OF
GNUGvu , 2018
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (u'vw pitkincounty.com)ON THE
/( DAY OFUkv 201K
ADO TED AFTER FINAL READING AND PUBLIC HEARING ON THE r Y DAY
N
OF UIU 2018.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE/At DAY OF r„P�j✓vpvy , 2018.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICI L PITKIN COUNTY
WEBSITE (www.pnkmcounty.com ) ON THE V-5`I'DAY OF __ GL,, /018
ATTEST. BOARD�LILO
COUNTY��7COMMISSIONERS
By II II' �iil�& By l L CXQ�
Jca : tc Jones Patti Clapper, Chair
Dcp ty County Clerk-
Date. Of - °V!/ -,70(g
APPROVED AS TO FORM- MANAGER APPROVAL
John Ely, Coum� of n Pea ck, y Manager
6PENPS ACE & TRAILS
Gary Tennenbaum, 'rector
Ordinance wl -2018
AGRICULTURAL LAND LEASE
This lease is entered into this r}t/SLday of CIA IA,Oa ,201 by and between the
Board ofCounty Commissioners of Pitkin County,Colorado,Hereinafter`Landlord"or"County',
and Grange Family Ranches,408 West Cody Lane, Basalt, CO 81621,hereinafter"Tenant".
Now lherefbre, in consideration of the mutual covenants and promises contained herein,
the parties agree as follows:
I Purpose and Intent. Landlord and Tenant intend that the property, all
appurtenances, water rights, casements 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:
Emma Open Space North Lease Area,together with all appurtenant water rights,consisting of the
following: 2.0 cubic feet per second (cfs) of water in the Home Supply Ditch, easements and
Improvements ("Property").
3 Lease Term. Unless earlier temiiiiated by operation of this lease, the lease term
shall he 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 agrees to pay I.andlord rent at the rate of$ I 50.00 for each calendar
year or any portion of a calendar year that this lease is in effect This amount shall be the annual
rent for the Property. The annual rent shall be due in full to the Landlord on April 1 each year or
portion of a year that the lease is in effect. Failure to pay rent by this date constitutes a breach of
this lease.
AGRICULTURAL PROVISIONS
1. Soil Testing. Except as modified by the Annual Operating Plan, it shall be the
Iesponsihility of the Tenant to test the soil of the Property twice a year. Soil samples shall be
gathered from a representative portion of the leased property Soil samples will be gathered during
the month of May and during the month of September Soil samples will be tested through the
Colorado State University extension office.
2 Weed Control Tenant is responsible for the removal of all noxious weeds as
defined in the Colorado Noxious Weed Act. Removal of noxious weeds shall be before individual
plants go to seed. The use of any herbicide shall be particularly approved by the County as part
of the Annual Operating Plan for the Property.
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
AGRICULTURAL LAND LEASE
PAGE 2 OF 8
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
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 be 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 be entitled to all emblements if the termination of the
lease is not a result of Tenant's breach and shall retain harvest nghts 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 m 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
AGRICULTURAL LAND LEASE
PATE y OF S
the Annual Operating Plan. irrigation activity must be temporarily halted if any ditch. lateral,
pipeline or other irrigation infrastructure becomes damaged or inoperable,
12. Annual Operating Plan An Annual Operating Plan shall be developed for the
County by the Open Space and Trails Department.with the Tenant's input, within two months of
the Tenant entering into this lease and win 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 actis ities.
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.
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. Tenants 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 shalt be assumed
by and be fir 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 S
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 ICG 0001 form or equivalent
( j7/h Cmmhvtamed additional insured)
Minimum Limits:
General Aggregate $ 500,000
Products/Completed Operations Aggregate $ 500,000
Each Occurrence Limit S 500,000
PersonaUAdvertising Injury $ 500,000
Fire Damage tAny One Fire) Replacement Value of
any Structures
Medical Payments(Any One Person) $ 5,000
Coverage to include.
• Premises and Operations
• Personal i Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract (including defense costs
assumed under vontracq
• 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."
S. Proof of Insurance:
Each insurance policy requiredby the insurance provisions of this lease
shall provide the required coverage and shall not be suspended, voided or
AGRICULTURAL LAND LEASE,
PAGE 5 OF 8
canceled except after thirty(30)days poor untten 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 Courtly, its subsidiary, parent, associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, agents.
volunteers, and any jurisdiction or agency issuing permits for any work included in
the performance of this lease,hereinafter referred to as indemnitee,from all suits and
claims,including attorney's fees and cost of litigation,actions,loss,damage,expense,
cost or claims of any character or any nature arising out of the work done in
fulfillment of the terns 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 he
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 prior negotiations,representations,or
AGRICI i LTURAL LANG LEASE
PAGE 6 OF 8
contract,either written or oral. This lease ma} 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 tease 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 be
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,er.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 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 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 i 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@pitkincounty.com
With Copies
To: Pitkin County Attorney's Office
123 Emma Road, #204
Basalt,CO 81621
Fax (970) 920-5198
E-Mad: Attomey@pitkincounty corn
To• Billy Grange
408 West Cody Lane
Basalt, CO 81621
E-Mail: gmgblyCmsn corn
12 DefaultNiolation 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 wntten 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
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.
A(,RICtILTURAI LAND LEASE
PAGE 8 OF 8
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 he recorded against the
Property during the term of this lease.
6. Tenant shall not construct any building or improvement on the Property without
i andlord's wntten consent
7. Tenant shall not dispose of trash garbage rubbish or refuse on the Properly.
S. 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
By: ,�.ztt t e G By: -C£ lit-a, t Ct -au-2a($
Grange Family Ranches D"e Chair Date
APPROVED AS TO FORM:
John M.-Hf
Pitkin Attorney
AGRKKCLRBAL LAND LEASE 0Uy�,.Q y ,c VI S /, IkM M
PAGE.8 OF 8 U
4. Tenant shall not place store or use on the Property substances that are hazardou ~✓
toxic dangerous or harmful or which are defined as hazardous substances by the Compre sive
Environmental Response Compensation and liability Act (CERCLA). 42 USC § 9 .
5. Tenant shall not pledge mortgage or cause any lien to recorded against the
Property during the term of this lease.
6. Tenant shall not construct any buitdm improvement on the Property without
Landlord's written consent.
7. Tenant shall not dist.: of trash garbage rubbish or refuse on the Property.
8. Tenant s not permit any commercial activity on the Property apart front those
activities describe. the agricultural plan.
1.• ITNESS 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
Byha By;54'c OYLvtaaS ;i Lcr�,
Grange Family Ranc Date Chair Date d
APPROVED AS TO FORM:
)j2V V/BVf _
John M.'Ely
Pitkin County Attorney
CONTRACT
# ) L13- 0- 0 / `6
AGRICULTURAL LAND LEASE
This lease is entered into this'}t/Sday of K UK/14 , 20 IT by and between the
Board of County Commissioners of Pitkin County,Colorado, hereinafter"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
I. 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 descnbed real property
Emma Open Space North Lease Area,together with all appurtenant water rights,consisting of the
following 2 0 cubic feet per second (cfs) of water in the Home Supply Ditch, easements 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 agrees to pay Landlord rent at the rate of$ 150 00 for each calendar
year or any portion of a calendar year that this lease is in effect This amount shall be the annual
rent for the Property. The annual rent shall be due in full to the Landlord on April 1 each year or
portion of a year that the lease is in effect. Failure to pay rent by this date constitutes a breach of
this lease.
AGRICULTURAL PROVISIONS
1 Soil Testing Except as modified by the Annual Operating Plan. it shall be the
responsibility of the Tenant to test the soil of the Property twice a year Soil samples shall be
gathered from a representative portion of the leased property Soil samples will be gathered during
the month of May and during the month of September. Soil samples will be tested through the
Colorado State University extension office.
2. Weed Control Tenant is responsible for the removal of all noxious weeds as
defined in the Colorado Noxious Weed Act. Removal of noxious weeds shall be before individual
plants go to seed. The use of any herbicide shall be particularly approved by the County as part
of the Annual Operating Plan for the Property.
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
II1111!IIIIIIIIIIIIIIIIIIIIIIUI11111 IIIIIIIIIMIIMIIIIIIIIIIIINIIIu
RECEPTIONS'647145, R•$0.00, D: $0.00
DOC CODE: LEASE
Pg 1 of 9,05/07/2015 at 10:30:26 AM
Janice K.Vos Caudill, Pitkin County, CO
AGRICULTURAL I AND LEASE
PAGE 2 OF 8
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
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 be 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 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 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 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
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.
I I. 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
AGRICULTURAL LAND LEASE
PAGE 3 OF 8
the Annual Operating Plan Irrigation activity must be temporarily halted if any ditch, lateral,
pipeline or other imgation infrastructure becomes damaged or inoperable.
12 Annual Operating Plan. An Annual Operating Plan shall be developed for the
County by the Open Space and Trails Department, with the Tenant's input, within two months of
the Tenant entering into this lease and will be reviewed and amended,if necessary.at least annually
(the"Annual Operating Plan")and incorporated into this lease. 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 he 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.
GENERAL PROVISIONS
Insurance. Tenant shall procure and maintain for the tem of the lease, insurance
against claims for injury to persons or damage to Pioperty 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 pnmary and non-
contnbutory 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 he 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.
A' RICUL.TURAL LANDLEASI-
PAriC 4 or 8
b. This requirement shall not apply when Tenant, contractor or
employee is exempt under Colorado Workers' Compensation Act , AND
hen such contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Minimum Limits:
Coverage A(Workers'Compensation) $ Statutory
Coverage 13(Employers Liability) $ 500,000
a. Commercial General Liability–ISO 1C0 0001 form or equivalent
(fith Cow'tr named additional isured)
Minimum I imits.
General Aggregate $ 500,000
Products:Completed Operations Aggregate $ 500,000
Each Occurrence Limit $ 500,000
Personal/Advertising Injury $ 500,000
Fire Damage(Any One Fire) Replacement Value of
any Structures
Medical Payments(Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Personal/Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract (including defense costs
assumed under contract)
• Independent Contractors
• Additional Insured– Owners, Lessees or Contractors Endorsement,
ISO Form 2010(2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors indorsement.
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 acnrities performed by,or on behalf
of the Contractor, including completed operations"
B Proof of Insurance
1. Each insurance policy required by the insurance provisions of this lease
shall provide the required coverage and shall not be suspended, voided or
A($ICULTURAL L 4 VD LEAST
PA(iC 5 0t 8
canceled except after thirty 00j 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 gig en. Such notice shall be sent directly to Pitkin
County Open Space and Trails Department, 530 E Main Street, 315 Floor,
Aspen,Colorado,81613. lithe insurance earner will not provide the required
notice, the Consultant/Contractor and or its Insurance broker shall notify the
County of any cancellation,or reduction ni 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 teen of this lease.
2, Indemnity
A Tenant agrees to indenmify, hold harmless and, not excluding the County's right to
participate, defend the County, its subsidiary, parent, associated and'or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, agents,
volunteers, and any jurisdiction or agency issuing permits for any work included in
the performance of this lease,heremafter 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 1 avant will be responsible for primary loss investigation,defense and judgment
costs when 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.
8. 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 hear all other costs and expenses related thereto,even if the claim,
demand or lawsuit is groundless, false or fraudulent.
3. .Assienability. Tenant agrees not to assign or sublease any part of the Property
w ithoul the written consent of the Landlord
4 Severability. In the et ent 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 het eto.
5. Integration and Modification. This lease represents the entire and integrated
lease between the County and Tenant and supersedes all prior negotiations, representations, or
AURICUI TCR k.LAND LEASE
PAGE 6 of 8
contract, either written or oral, this lease may be amended only by written contract signed h}
both the County and Tenant
o, Records. Tenant shall maintain comprehensive, complete and accurate books,
records,and documents concerning its performance relating to this lease for a period of three 0)
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 tunes, 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
u ith the laws of the State of Colorado and shall he so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado
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.
0. Waiver. Failure of the County to exercise any right or remedy granted under this
lease shall not hale 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 Pitkm 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 srq.,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.
I I. Notice. Any notice required or permitted tinder this Agreement shall be in wnting
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 pan of the sender.
Nothing contained herein shall be construed to preclude personal service of any notice in the
:flannel prescribed for personal service of a summons or other legal process.
ll_a: Pitkin Counts Open Space Be Trails
Attn: Paul Holsinger
806 \Vest Hallam Street
Aspen, Colorado 81611
.AOR[CULI l'R.kL LAND 1 FAS
PA6F 7 01 8
Fax' (970)920-5198
E-Mail Address. paul hot singer dpitkincounty,com
With Copies
To' Pitkin County Attorney's Office
123 Emma Road, #204
Basalt,CO 81621
Fax: (970) 920-5198
E-Mad: Attomey`a pltkincounty.com
To: Billy Grange
408 West Cody Lane
Basalt,CO 81621
E-Mail gmgblymmsn.com
12. Defauh'Violatron 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 regulation; 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
ot 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 C30)days notice to Tenant Tenant shall be
responsible to Landlord for the cost ot repairs, legal fees, advertising and any other costs incurred
in preparing the Prupeny for re-renting Tenant agrees not to return to the premises after legal
removal.
13. Section Headings. Paragraph or section headings within tins 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
Landlord reserves the right toi itself.its agents,and employees to enter the Property
at any reasonable time to inspect the Pioperty 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 befoic entering Property.
2. Landlord makes no guarantee of the productivity of the Property and assumes no
liability of any condition,v isible or not,which may affect agricultural productivity of the Property.
Tenant agrees to accept the Property in an as is condition.
3. Tenant shall perform all routine maintenance on the improvements on the Property.
Tenant shall repair any damage to the improvements on the Property that are the result of acts of
third parties.
s
.AORATL 7 i.RAL i AND t EASE
PA(L 8 01
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
Em ironmental Response Compensation and liability Act {CERCL.A), 42 CSC *9601.
S. Tenant shall not pledge mortgage or cause any hen to be recorded against the
Property during the term of this lease.
n, 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
R. Tenant shall not permit any commercial activity on the Property apart from those
act iv hie%described in the agricultural plan.
IN WITNESS WHEREOF, the Landlord and Tenant have duly executed this lease oil the
day and year first above written.
T ENANT: LANDLORD:
Board of County Commissioners of Pitkin
County
By: 2..¢--� �j<.2-( ! By: [ tt�,cty 66(417 '' O( 21a "„7&I�'
Grange Family Ranches 1-114; Chair Date
APPROVED AS TO FORM:
John M.Eiy
Pitkin C'ounti'Attorney
AGRICULTURAL LAND LEASE ��I N Ike 1' y f 0-71 v I-E V Lia.{
PAGE 8 OF 8
4 Tenant shall not place store or use on the Property substances that are hazardou
toxic dangerous or harmful or which are defined as hazardous substances by the Compre.• sive
Environmental Response Compensation and Liability Act (CERCLA), 42 USC § 9.! .
5. Tenant shall not pledge mortgage or cause any hen to :- recorded against the
Property during the term of this lease
6. Tenant shall not construct any bulletin. . improvement on the Property without
Landlord's written consent.
7. Tenant shall not dts... of trash garbage rubbish or refuse on the Property.
8 Tenant s . not permit any commercial activity on the Property apart from those
activities describe. the agricultural plan.
ITNESS WHEREOF, the Landlord and Tenant have duly executed this lease on the
.. . and year first above written
TENANT: LANDLORD:
Board of County Commissioners of Pitkin
County
By4i1 L (4# hVBy: 54"e VLvrovS U /<+...,
Grange Family Ranches Date Chair Date dd
APPROVED AS TO FORM:
• l✓,evi:vs !u
John !Ely
Pitkin County Attorney