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HomeMy WebLinkAboutC14-191 USDA Forest Service Pasturing of Stock LetterOFFICE OF THE .. { COUNTY MANAGER Sam& AM 970-328-8604 FAX: 885-848-8629 keith.montaa@eaglecounty.us www.eaglecounty.us £AGL£ COUNTY April 30, 2014 David Neely, District Ranger Eagle/Holy Cross Ranger District USDA Forest Service White River National Forest PO Box 190 Minturn CO 81645 Re: Pasturing of Stock Dear Mr. Neely: Keith P. Montag County Manager I am writing to express our understanding and agreement concerning the USDA Forest Service ("USFS") locating up to 10 horses or mules ("Stock") on the horse pasture property located in Eagle, Colorado which is currently owned by Eagle County. The property is more fully identified on the attached Exhibit "A" to this letter ("Property"). Eagle County understands that the USFS will locate Stock to graze on the Property commencing May 1, 2014 and the Stock will be removed from the Property no later than December 1, 2014 ("Term"). In exchange for the USFS pasturing the Stock on the Property, USFS will be responsible for managing the ditch which is identified as "Ditch #2" on Exhibit "A" and irrigation on the Property during the Term hereof. In addition, during the Term, USFS will also be responsible for weed and pest control on the Property. USFS shall maintain its own insurance or self-insurance during the Term and the parties agree that USFS is using.the Property at its own risk and Eagle County is not responsible for any damage or injury resulting from the use of the Property. Should either party desire to terminate this arrangement for any reason before December 1, 2014, written notice at least 30 days in advance of such termination shall be given to the other party. Notice should be given to: Ron Siebert, Facilities Project Manager Eagle County 3289 Cooley Mesa Road, Bldg. A Gypsum, CO 81637 P.O. Box 850 Eagle, CO 81631 Phone 970-328-8881 Ron.seibert(a eaglecounty.us Stephen D. Elzinga, Range Technician White River National Forest Eagle/Holy Cross Ranger District 24747 US Hwy 24/ P.O. Box 190 Minturn, CO 81645 Phone 970-827-5172 selzingaa,fs.fed.us Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 N `W Please sign below to acknowledge and accept the terms of this letter. If you have any questions do not hesitate to contact me. Sincerely, Keith P. Montag County Manager Acknowledged and accepted this day of , 2014 David Neely, District Ranger Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 m w teeaer X 2 W —1 R N M Nic > PED D t � � � F Q fT v m N p (P May 1 S, 2014 David Freely District Ranger Eagle/Holy Cross Ranger District USDA Forest Service White River National Forest PO Box 190 Minturn CO 81.645 Re: Pasturing, of Stock Dear Mr. Neely: Keith P. Montag County Manager I am writing to express our understanding and agreement concerning the USDA Forest Service ("USFS") locating up to 10 horses or mules ("Stock") on the horse pasture property located in Eagle, Colorado which is currently owned by Eagle County. The property is more fully identified on the attached Exhibit "A" to this letter ("Property"). Eagle County understands that the USFS will locate Stock to graze on the Property commencing May 1, 2014 and the Stock will be removed from the Property no later than December 1, 2014 ("Term"). In exchange for the USFS pasturing the Stock on the Property, USFS will be responsible for managing the ditch which is identified as "Ditch #2" on Exhibit "A" and irrigation on the Property during the Term hereof. In addition, during the Term, USFS will also be responsible for weed and pest control on the Property. USFS shall maintain its own insurance or self-insurance during the Term and the parties agree that USFS is using the Property at its own risk and Eagle County is not responsible for any damage or injury to USPS property, personnel, or equipment resulting from the use of the Property. The Parties acknowledge that in the past, a third party has made certain unfounded assertions or claims related to property damage associated with water traveling through and/or management of Ditch 92. Each party may own certain water rights in Ditch #2 which give rise to various rights and obligations under the law. Those water rights and any related benefits or burdens associated therewith are not intended to be addressed by this letter agreement and USFS and County are each separately responsible for their respective water rights and related obligations, if any. As a result, there are no intended third party beneficiaries to this agreement and neither party assumes any responsibility to any third party. County and USFS are not waiving any of their rights to protections as set forth in the Colorado Governmental Immunity Actor as otherwise may permitted by applicable law. Should either party desire to terminate this arrangement for any reason before December 1, 2014, written notice at least 30 days in advance of such termination shall be given to the other party. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Notice should be given to: Ron Siebert Stephen D. Elzinga Facilities Project Manager Range Technician Eagle County White River National Forest 3289 Cooley Mesa Road Eagle/Holy Cross Ranger District Building A 24747 US Hwy 24/ P.O. Box 190 Gypsum, CO 81-637 Mintum, CO 81645 P.O. Box 850 Phone 970-827-5172 Eagle, CO 81631 selzinga@fs.fed.us Phone 970-328-8881 Ron,seibert@pagl�e Please sign below to acknowledge and accept the terms of this letter. If you have any questions do not hesitate to contact me. Sincerely, Keith Montag Eagle County Manager Acknowledged and accepted this Z-7 day of 12014 By: David Neely, District Rafiger I/ MUM C 3� p-_. �::..:......::.a...:... v T tabbkkr m ao w 3� p-_. �::..:......::.a...:... v T tabbkkr m ao 0. to C