HomeMy WebLinkAboutC17-213 Chris EstesAGREEMENT BY AND BETWEEN
EAGLE COUNTY, STATE OF COLORADO
AND CHRIS ESTES
FOR USE AND MAINTENANCE OF AIRPORT PROPERTY
THIS AGREEMENT ( "Agreement") is entered into this 06/20/2017 by
and between the County of Eagle, Colorado, a body politic and corporate, acting by and through
its Board of County Commissioners ("County") and Chris Estes ("Estes").
WHEREAS, County owns certain real property in the County of Eagle, State of
Colorado, adjacent to and being a part of the Eagle County Regional Airport ("Airport"); and
WHEREAS, County desires to contract with a third party for use and maintenance of the
portion of the property adjacent to the Airport that is approximately 51.27 acres and is identified
in the attached Exhibit A as Hay Production/Pasture Area, which exhibit is hereby incorporated
herein by this reference (the "Premises"); and
WHEREAS, County has planned future facility development on the 6.25 (+/-) parcel of
land located to the North of the MSC ("Parcel A") and identified in Exhibit A as part of the
existing Hay Production/Pasture Area; and
WHEREAS, County anticipates that construction on Parcel A will commence on or about
April of 2018; and
WHEREAS, County reserves the right to exclude Parcel A from the Premises at any time
and for any reason whatsoever as determined by County in its sole discretion and in accordance
with the terms of this Agreement; and
WHEREAS, Estes has inspected the Premises, desires to use the Premises for grazing of
certain animals and hay production, is skilled, knowledgeable and capable of properly maintain
the Premises in accordance with acceptable farming and irrigation standards, and desires to use
and maintain the Premises on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the promises set forth below and for other good
and valuable consideration, the parties agree as follows:
PREMISES:
a. The Premises shall include the portion of the property adjacent to the Airport that
is approximately 51.27 acres and is identified in Exhibit A as Hay Production/Pasture Area.
b. County has planned future facility development on the 6.25 (+/-) parcel of land
located to the North of the MSC ("Parcel A") and identified in Exhibit A as part of the existing
C17-213
Hay Production/Pasture Area. County anticipates that construction on Parcel A will commence
on or about April of 2018, although no precise date has been established at this time.
C. The parties agree that at any time during the term of this Agreement, should
County determine, in its sole discretion, that Parcel A is required for construction preparation,
construction or for any other purpose whatsoever, County may thereby exclude Parcel A from
the Premises.
d. Upon notification by County of the exclusion of Parcel A from the Premises,
Estes will immediately cease any activity on Parcel A and Parcel A will effectively be excluded
from the Premises for the remaining term of this Agreement.
2. USE:
a. Estes shall use the Premises only for hay production or to pasture cattle, horses or
sheep. Whenever the portion of the Premises located on the east side of Jules Drive is used to
pasture livestock, there shall be a limit of no more than 50 head of livestock on the premises at
any given time. Estes shall provide feed for the animals except for fall pasture. Estes shall not
permit others to use the Premises for pasturage nor permit his own animals to graze or run at
large over lands belonging to County.
b. Estes shall not pasture for livestock from December 1 through April 1 of each
year.
C. Estes shall not use the Premises for any purpose calculated to injure or deface the
same, or to injure the reputation or credit of the Premises or of the neighborhood. Estes will not
use the Premises for any purpose except for those expressly permitted.
d. Estes agrees to keep the Premises free of all noxious weeds and to abide by the
Colorado Noxious Weed Act (35-5.5-102, et al, C.R.S.).
e. Under no circumstances shall Estes use the Premises for storage of equipment,
salvage, waste items, or hazardous material.
f. Estes' access to portions of the Premises lying within the Airport perimeter
fence(s) is subject to County's reasonable controls over entry and exit. In no circumstances may
Estes use or allow the use of such access to enter upon the Airport property within the perimeter
fence(s) except to enter upon the Premises. The Airport is subject to an Airport Security Plan
and to certain rules and regulations regarding Airport security. The plan, rules and regulations
may change from time -to -time. Estes and all of his employees and agents shall at all times be
responsible for knowing and for complying with plans, rules, and regulations as they presently
exist and as they may be modified and supplemented hereafter.
3. TERM:
a. Unless sooner terminated as provided for herein, this Agreement shall be for a
term of one year beginning on the V day of April, 2017 and ending on the 31 "' day of March,
2018.
b. Either party, with or without cause, may terminate this Agreement upon giving
sixty (60) days prior written notice of such termination to the other party.
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a. For the term of the Agreement, Estes shall pay County the sum of six hundred
dollars ($600.00) annually, which amount shall be payable in advance, in monthly installments
of fifty dollars ($50) per month. Monthly installments shall be payable by the 15th day of each
month. Checks shall be made payable to the Eagle County Treasurer and shall be mailed to the
Eagle County Regional Airport, P.D. Box 850, Eagle, CO 81631. In addition, Estes shall re -seed
up to three (3) acres per year at a minimum cost to Estes of $340 per acre.
5. UTILITIES: There are no utilities on the Premises and Estes shall be solely responsible
for the cost of installing and/or extending utility service to the Premises, with County's prior
written consent. If service is extended to the Premises, all utilities shall be the responsibility of
Estes.
6. MAINTENANCE, IRRIGATION AND WATER:
a. County owns and has rights to a portion of the Priority 48A of the Chatfield and
Bartholomew Ditch which has been historically used to irrigate the Premises. Estes shall take all
steps reasonably necessary to maintain and irrigate the entirety of the Premises, using the water
rights associated with and historically used to irrigate the Premises, and using responsible and
customary irrigation practices. Estes acknowledges its understanding that the County's rights
under Priority 48A are subject to a condition requiring their transfer to a third party if those parts
of the Premises are not irrigated or if Estes does not otherwise perform his obligations under this
subparagraph.
b. County owns a share in Priority 49 and a share in Priority 61 of the Chatfield and
Bartholomew Ditch which have historically been used to irrigate the Premises or a part thereof.
Estes may exercise County's rights therein for irrigating the Premises.
C. Notwithstanding Estes' obligations under subparagraphs 'a' and `b' hereof,
irrigation water is subject to availability based on water rights, ditch conditions and limitations,
acts of nature, acts of others having or claiming ditch rights or having ditch access, and the
actual flows with respect to the Premises, and all water, water rights and ditch rights which are a
part of this Agreement or otherwise available for the use of Estes are subject to those conditions.
County makes no warranty or representation that or to what extent water, pursuant to the rights
herein described, will be available.
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d. Except as specifically provided in subparagraphs 'a' and `b' hereof, the Premises
do not include any water, water right, or ditch right.
7. TERMINATION: At the expiration of the term hereof, or earlier termination, Estes shall
yield up the Premises to County without further notice in as good or better condition as when the
same were entered upon by Estes, with loss by ordinary wear excepted; and Estes will be
allowed to remove only that fencing which was installed with County's consent during the term
hereof.
8. COUNTY'S DUTIES: County will pay all assessments that shall be levied upon the
Premises during the term hereof for Water Tax or Water Charges.
9. ESTES' DUTIES: In addition to duties covered elsewhere in this Agreement, Estes
shall:
a. provide feed for all animals pastured on the Premises except for fall pasture;
b. not remove or relocate any fences or irrigation ditches that are on the Premises at
the commencement of this Agreement without the prior written consent of County;
C. confine all animals in his care within the Premises, and ensure that no such
animals impact any adjoining property;
d. insure that no animal enters onto the runways at the Airport, and in the event of
any escape, to immediately notify the Airport Director or Manager and assist in recapture under
the direction of Airport personnel.
e. keep the buildings, fences, irrigation ditches and other improvements on the
Premises in as good repair and condition as they are at the commencement of the Agreement or
in as good repair and condition as they may be put by County during the term of this Agreement,
ordinary wear, loss or unavoidable destruction excepted;
f. perform routine cleaning and maintenance of irrigation ditches;
g. keep the Premises in a clean and healthy condition, abide by any directions of the
Eagle County Health Officer or Board of Health or any other health or environmental protection
agency having or claiming jurisdiction over the Premises;
It promptly and fully pay for all materials joined or affixed to the Premises pursuant
to this Agreement and pay all persons who perform labor on the Premises, and Estes shall not
permit or suffer any mechanic's liens or material suppliers' liens of any kind or nature to be
enforced against the Premises or the County for any work done or materials furnished on the
Premises at Estes' instance or request;
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i. meet all expenses and payments in connection with the rights and privileges
herein granted, including taxes, permit fees, license fees and assessments lawfully levied or
assessed upon Estes, subject to Estes' right, at its sole expense and cost, to contest any tax, fee or
assessment; and
j. comply with all federal, state and local laws, ordinances, rules and regulations
which may apply to the occupancy or use of the Premises and/or the conduct of the business
contemplated, including rules and regulations promulgated by the County, and Estes shall keep
in effect and post in a prominent place all necessary and/or required licenses or permits.
10. IMPROVEMENTS: Estes shall at his own expense install neat, stockproof, lawful
fences and gates enclosing the Premises or part thereof, and keep the same in good repair to the
satisfaction of County. County shall be responsible for construction of fencing between the
Premises and the County's Maintenance Facility. Estes shall construct no structures or other
improvements of a permanent character without County's written consent, and all such
improvements will remain with the Premises and be the County's property upon the expiration of
the term or earlier termination of this Agreement.
11. ASSIGNMENT: Estes shall not assign his rights or delegate his duties under this
Agreement without the written consent of County. Unless County's written consent expressly
provides otherwise, assignment to which County has given its consent shall relieve Estes from its
responsibilities under this Agreements. County's s consent to one assignment shall not be a
consent to any subsequent assignment.
12. COUNTY'S REPRESENTATIONS: County makes no representations about the
conditions of the Premises nor about their suitability for any purpose whatsoever, and County
specifically makes no representation of the adequacy or availability of water pursuant to the
rights specified in subparagraph 5.a.
13. ESTES' REPRESENTATIONS: Estes represents and warrants that he has inspected the
Premises before entering into this Agreement and has made those investigations of the Premises
and the suitability of their use for its purpose as it deems best in its own judgment. Estes further
represents and warrants that it is experienced in leasing pasture and hay producing lands in the
Rocky Mountains of the same or similar nature of the Premises, and that in entering into this
Agreement it has sought and used such professional advice as it deems appropriate in the
circumstances.
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a. Estes uses the Premises at his own risk and County assumes no liability for any
injury or damage to Estes or any of Estes' property.
b. Estes shall obtain comprehensive liability insurance coverage in which County is
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named an additional insured and covering liability for personal injury and death and property
damage occurring on the Premises or arising out of Estes' use of the Premises. Such coverage
shall be in the minimum amount of $150,000 per person, $600,000 per occurrence for personal
injury and death and $600,000 per occurrence property damage, or such greater amounts as may
be specified in the Colorado Governmental Immunity Act. Estes shall provide a certificate of
such insurance to County before the commencement of the term of this Agreement and upon
every change or renewal of the coverage during the term.
C. Estes shall obtain workmen's compensation insurance applicable to its use of the
Premises if, and in the amount of coverage, required by the laws of the State of Colorado.
d. Estes shall obtain such property insurance coverage as it deems appropriate in its
own judgment.
e. Estes shall hold harmless, indemnify and defend the County, its officers, officials,
employees and agents, and their respective insurers, from and against any and all liability, costs,
expenses, liens and claims for loss of or damage to property and for injuries to or deaths of
persons arising directly or indirectly from the use of the Premises by Estes.
15. DEFAULT: If any amount due hereunder shall be in default, or in case of a breach of
any of the covenants or agreements herein, County may declare this Agreement terminated, and
after the expiration of three (3) days from the date of the service of a written notice to that effect,
County shall become entitled to exclude Estes from the Premises, and require the removal of any
livestock, without any further notice or demand.
16. ESTES' RIGHT OF ENTRY AND USE: County shall have free access to the Premises,
including any building or structure that may at any time be on such property, at all reasonable
times for the purpose of examining or inspecting the condition of such property, exhibiting the
same, making any needful repairs or alterations of such premises as County may see fit to make,
and for the purpose of using the Premises for any purpose not inconsistent with the rights granted
to Estes herein.
IT FEDERAL AVIATION ADMINISTRATION REQUIRED PROVISIONS: Estes hereby
covenants and agrees that:
a. No person on the grounds of race, color, sex, creed, religion, handicap or national
origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected
to discrimination in the use of the Premises.
b. Estes shall use the Premises in compliance with all other requirements imposed
by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle
A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs, as said
regulations may be amended, and shall comply with the letter and spirit of the Colorado Anti -
Discrimination Act of 1957, as amended, and any other laws and regulations respecting dis-
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crimination in unfair employment practices, and shall comply with such enforcement procedures
as any governmental authority might demand that County take for the purpose of complying with
any such laws and regulations.
C. In the event of any breach of any of the non-discrimination covenants herein,
County shall have the right to terminate the Agreement and to re-enter and repossess the
Premises and hold the same as if said Agreement had never been made, provided that the
applicable procedures set forth in 49 Code of Federal Regulations, Part 21 are first followed and
completed, including the expiration of appeal rights.
d. Estes assures that he will undertake an affirmative action program, as required by
14 CFR Part 152, Subpart E, to ensure that no person shall, on the grounds of race, creed, color,
national origin, or sex, be excluded from participating in any employment, contracting, or
leasing activities covered in 14 CFR Part 152, Subpart E. Estes assures that no person shall be
excluded, on these grounds, from participating in or receiving the services or benefits of any
program or activity covered by this subpart.
e. Estes agrees to comply with any affirmative action plan or steps for equal
employment opportunity required by 14 CFR, Part 152, Subpart E, as part of the affirmative
action program or by any Federal, state or local agency or court, including those resulting from a
conciliation agreement, a consent decree, court order, or similar mechanism. Estes agrees that a
state or local affirmative action plan will be used in lieu of any affirmative action plan or steps
required by 14 CFR Part 152, Subpart E, only when they fully meet the standards set forth in 14
CFR 152.409.
18. COUNTY'S RESERVATIONS
a. County reserves the right to further develop or improve the Airport as it sees fit,
regardless of the desires or views of Estes, and without interference or hindrance, except that
County may not arbitrarily violate or unreasonably diminish Estes' rights as provided elsewhere
in this Agreement except on a temporary basis, or diminish its ability to perform the obligations
undertaken by it hereunder unless the Agreement is otherwise terminated in accordance with the
terms herein.
b. County reserves the right to exclude Parcel A from the Premises at any time and
for any reason whatsoever as determined by County in its sole discretion and in accordance with
the terms of this Agreement.
C. County reserves the right to maintain and keep in repair the landing areas of the
Airport and all publicly owned facilities of the Airport, together with the right to direct and
control all activities of Estes in this regard.
d. County reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction.
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e. During the time of war or national emergency, County shall have the right to lease
the Airport or any part thereof to the United States Government for military or naval use, and, if
such lease is executed, the provisions of this Agreement, insofar as they are inconsistent with the
provisions of the lease to the Government, shall be suspended.
f. County reserves the right to direct and control all activities of Estes on the
Premises in the event of an emergency or if Estes' operations are interfering with the use of the
Airport by others.
g. Non-compliance with this paragraph 18 shall constitute a breach or default of this
Agreement and in the event of such non-compliance, County shall have the right to terminate
this Agreement, or at the election of the County or the United States, or both of said
governments, shall have the right to enforce judicially this paragraph.
19. SUBORDINATION: This Agreement shall be subordinate to the provision of any
existing or future agreement between County and the United States relative to the operation or
maintenance of the Airport, the execution of which has been or may be required as a condition
precedent to the expenditure of Federal funds for the development of the Airport.
20. GENERAL PROVISIONS:
a. Any notices provided for herein shall be in writing and shall be delivered in
person or mailed by certified or registered mail, return receipt requested, postage pre -paid, to the
party for whom intended at the address set forth below:
Alex Everman, Interim Aviation Director
Eagle County Building
Post Office Box 850
Eagle, Colorado 81631
Chris Estes
2430 Cooley Mesa Rd.
Gypsum, Colorado 81637
b. All the covenants, conditions, and provisions in this Agreement shall extend to
and bind the legal representatives, successors, and assigns of the respective parties hereto.
C. Any and all claims, disputes or controversies related to this Agreement, or breach
thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole
and exclusive forum for such litigation. This Agreement shall be construed and interpreted under
and shall be governed by the laws of the State of Colorado.
d. Any covenant, condition, or provision herein contained that is held to be invalid by
any court of competent jurisdiction shall be considered deleted from this Agreement, but such
deletion shall in no way affect any other covenant, condition or provision herein contained so long
as such deletion does not materially prejudice the County or Estes in their respective rights and
obligations contained in the valid covenants, conditions, or provisions of this Agreement.
e. All amendments to this Agreement must be made in writing by mutual agreement of
the parties, and no oral amendments shall be of any force or effect whatsoever.
f. The clause headings appearing in this Agreement have been inserted for the purpose
of convenience and ready reference. They do not purport to, and shall not be deemed to, define,
limit or extend the scope or intent of the clauses to which they appertain.
g. This Agreement supersedes all previous communications, negotiations and/or
contracts between the respective parties hereto, either verbal or written, and the same not
contained herein are hereby withdrawn and annulled.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year and date
first above written.
COUNTY OF EAGLE, STATE OF COLORADO
By and Thr�ou h. its COINNTY MANAGER
BY:
L `K'9ryat2oC�/' �
Bryan R. Treu, Interim County Manager
101: 1.14&4241-1M11
By:
Chris Estes
STATE OF COLORADO )
) ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me by Chris Estes, this 12 day
of � 'yP 1 .2017
My commission expires:
ERIN TAUBE DUFFY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 1D 20159025236
MY COMMISSION EXPIRES JUNE 28, 2078
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Notary PKic
