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HomeMy WebLinkAboutC17-238 Dry Lake Management PlanDry Lake Restrictive Covenant Portion Management Plan Purpose of Management Plan: The purpose of this Management Plan is to outline and guide uses allowed on the 157 acres of the Dry Lake Parcel identified as the "Restrictive Covenant/Recreation Area" on the map attached hereto as Exhibit A ("Covenant Property). The uses allowed and improvements constructed on the Property must adhere to the terms of a Restrictive Covenant held by Eagle County, attached hereto as Exhibit B. The purpose of this Management Plan is to provide broad goals and guidelines for development of motorized recreational facilities and ensure safe public use of the Covenant Property through the implementation of rules and regulations. The Management Plan is intended to create a list of action items to develop the site appropriately so it may be opened to public recreational use. The Management Plan is a flexible document that can be amended over time as warranted by changing circumstances, new information, safety considerations, and other concerns. Specific details of the site development will be added to this Management Plan as plans move forward, such as specific location of the restroom, track layouts, parking etc. Management Advisory Committee: In accordance with the terms of the Restrictive Covenant, the Town of Gypsum (TOG) shall create a Management Advisory Committee for the purpose of making recommendations to the TOG in accordance with the guidelines and policies expressed in this Management Plan in order to ensure sound management of the Covenant Property. Members of the Management Advisory Committee shall be selected as follows: • The TOG shall select one representative to represent Town interests, • The TOG shall select one representative to represent user group or lessee interests, • Eagle County shall have the right to select one representative to represent County interests, • Colorado Parks & Wildlife shall have the right to select one representative to represent CPW interests, and • The Bureau of Land Management shall have the right to select one representative to represent BLM interests. TOG shall ensure that the Management Advisory Committee will meet at least quarterly to assess progress, address concerns, and as necessary, further refine and implement this Management Plan. Appointees to the Management Advisory Committee shall serve as volunteers only. Recommendations of the Management Advisory Committee are advisory only and are to be made in accordance with the guidelines and policies expressed in this Management Plan in order to ensure sound management and use of the Covenant Property. Only the TOG has authority to make final decisions or take official action concerning the Property, which decisions and actions must be taken in compliance with the Restrictive Covenant and this Management Plan. J005683 22. DO CX / 31 C17-238 Major Action Items: Trail Gulch Road Alignment: The TOG may seek approval to realign Trail Gulch Road (See Exhibit C . The new realignment will follow the driveway (right fork) to the north towards the existing structures, then turn west to intersect the original Trail Gulch Road, thus exiting the Covenant Property as it does currently. The benefit to this new alignment is that it creates an undivided space to the south of Trail Gulch Road in which new recreational improvements such as parking areas and motorized tracks can be more effectively developed without the County Road bisecting the recreation area. The TOG will work to develop all necessary plans and documents required for realigning the road. This will include a new survey of the proposed route, drainage plan, surfacing plan, safety review and approval from Eagle County Engineering, Eagle County Road & Bridge, and the Eagle County Board of County Commissioners. The County will require a new road easement be dedicated for the new alignment. The realignment process should not create additional work for Eagle County Road & Bridge. A funding source for realigning the road has not been identified. Fencing: The three areas protected by a conservation easement will be fenced in order to keep motorized users effectively contained within the 157 -acre track area. This three -strand smooth wire fence must be considered wildlife -friendly using Colorado Parks & Wildlife design guidelines, with the bottom strand 15 inches above the ground and the top wire no higher than 42 inches from the ground. This fence will include signage every 140 yards indicating "Area Closed to Motorized Use Behind This Fence". Motorized Track Development: TOG intends to formalize and execute a lease of the Covenant Property with a motorcycle club (Lessee) who proposes to develop the Covenant Property, in accordance with the terms of the Restrictive Covenant, with a series of tracks for motorized sport -riding use. The lease must be acceptable to Eagle County and consistent with the Restrictive Covenant and this Management Plan. Assuming a lease is executed the Lessee will take steps in 2017 to develop an access driveway, parking area, gated entryway, beginner track and a youth track. The precise track and access driveway alignment has not been formalized, but is expected to resemble the depiction on Exhibit D. Material departures from the depiction shown on Exhibit D necessitate amending this Management Plan. The Lessee will be required to obtain grading permits from Eagle County for work on the Covenant Property as required by any applicable Eagle County Land Use Regulations, as may be amended from time to time. All recreational site improvement work that involves movement of soil is subject to receiving a grading permit from Eagle County. No physical work can take place on the Covenant Property JOOSG8322.00cx 13 f until the Management Plan is finalized and a lease is approved by Eagle County and executed between the TOG and the Lessee. Restrictive Covenant Provisions: All use and management of the Covenant Property must be consistent with the Restrictive Covenant. While specific management plan provisions may be amended, the terms contained in the Restrictive Covenant are permanent. The Restrictive Covenant specifically provides that: 1. TOG shall make the Covenant Property open to the public subject to reasonable rules; 2. Eagle County has no management responsibility for the Covenant Property; 3. Eagle County shall be entitled to review and approve the form of any lease or other agreement pertaining to the Covenant Property 4. No division or subdivision of the Covenant Property is permitted Structures: The existing improvements may be used by the Lessee for equipment storage and other uses permitted by the Restrictive Covenant. Should the TOG or the Lessee desire to construct new improvements they must be consistent with the Restrictive Covenant and approved through a revision to the Management Plan. Leases between TOG and a third party must clarify that existing structures may be used in a manner consistent with the Restrictive Covenant and that construction of new structures require both consistency with the Restrictive Covenant and formal amendment to this Management Plan. Track Development/Construction: Track Development is the sole responsibility of TOG and the Lessee. TOG and Lessee are solely responsible for building, maintaining and operating the motorized recreation tracks consistent with the requirements of their lease with TOG, the Restrictive Covenant held by Eagle County, requirements further developed by the Management Team and articulated in this Management Plan. Water: TOG drilled a new well before completing the purchase in 2016. This well will provide a source of water for track maintenance and dust suppression, but is not potable. Noxious Weed Management: The site is currently infested with cheat grass and musk thistle, both invasive noxious weeds. The TOG and the Lessee will take steps to control or reduce this infestation through chemical, biological, or mechanical control methods. Prescribed fire is also an acceptable weed management strategy if directed by appropriate agencies. Property Access: TOG and Eagle County expect that the vast majority of users will access the property from the TOG. Restroom: A portable toilet must be installed before the Property is opened to the public. It may be removed annually when the motorized recreation season ends. If use of the motorized recreational facilities becomes significant, the Management Plan may be amended to require the construction of permanent vault toilet system. fOO568322.000X 131 Wildlife: Wildlife habitat protection was a primary goal of the acquisition of the Dry Lake Property and helped justify the use of open space funds. Therefore, the motorized track portion of the Covenant Property will be closed to motorized recreational use from September 301 in the fall to May l the following spring. Other seasonal closures may be implemented if warranted and approved by the TGG. Site Host: TGG and the Lessee may consider allowing a site host to reside on site during the period of time each year when the Covenant Property is open to motorized recreation. The presence of a site host typically reduces the likelihood of vandalism and misuse of the property. The terms of this use must be consistent with the Restrictive Covenant held by Eagle County. Use of the Covenant Property by a site host must also be consistent with Eagle County's Land Use Regulations. Gaining consistency with Eagle County Land Use Regulations may require permits from Eagle County. Signage: The site should provide substantial regulatory, directional and interpretive signage before the track can be made open to public use. Signage should be professionally developed and strategically posted to encourage safe, appropriate and courteous use of the property. Facility Access Procedure and Fees: The Covenant Property must be open to the public per the Restrictive Covenant. TGG and the Lessee must agree on any fee system to be charged to users. The details of the fee structure, methods of payment, and enforcement must be approved by Eagle County. The Lessee may charge a use fee and may require membership in their organization. The fees are expected to be used to help build, maintain and operate the motorized track and other site improvements. Rules and Regulations: The TOG shall develop Rules and Regulations for public use of the Property. Such Rules and Regulations must allow public use of the Covenant Property, subject to reasonable restrictions imposed by the TOG, and must include the following: • No fires or fireworks a Dogs must be leashed at all times • Dogs are not permitted in the track area • Property is open sunrise to sunset ■ Property is closed to motorized recreational use from first rifle season to May l • No motorized use is permitted in adjacent conservation easement portions of property ■ No camping or other overnight use • Any use that impedes the flow of traffic on Trail Gulch Road is prohibited • Changes, alterations and manipulations of the course or other facilities is prohibited • Hunting by properly licensed hunters in season is permitted • Recreational shooting or other discharge of weapons is prohibited {ODS68322 DOCX 13 ) • Motorized recreation must stay on formally established tracks • Drone use is prohibited unless approved for a specific purpose solely approved by the Town of Gypsum. Enforcement: TOG and the Lessee have the responsibility of enforcing rules and regulations. Eagle County does not have enforcement responsibility on the motorized recreation portion of the Dry Lake Property. If Eagle County and TOG mutually agree that Eagle County should have rights to enforce rules on the Dry Lake property, an Intergovernmental Agreement may be negotiated and executed. Any lease between the TOG and the Lessee must indicate that the failure of a user to comply with posted rules and regulations can result in loss of track use privileges and access to the Covenant Property. The Lessee is responsible for educating users on proper use of the facility and the need for compliance. Telephone: No land line telephone service has been provided to the Covenant Property. However, the Covenant Property is within cell phone range. Emergency Management: Emergency access shall be considered in track planning and Trail Gulch Road realignment design. The Lessee will incorporate access routes into track and facility designs for law enforcement, fire, and EMS access. This includes designating ingress/egress points and possibly a helicopter landing zone. Prior to the opening of any new track, ingress/egress points and -routes must be reviewed and approved to ensure public safety. Major modifications to existing tracks may also require review as determined by TOG or local emergency services. This review may involve the TOG, Eagle County, Gypsum Fire Protection District, Eagle County Paramedics, and Eagle County Sheriffs Office. Evacuation plans will be posted on site and communicated to all users for EMS, fire, or other emergencies. Lessee and/or TOG will maintain fire suppression equipment and a first aid kit located on site as advised by agency responsible for fire response. Environmental Issues: TOG and the Lessee will be responsible for remediation of any spills of fuel, oil, lubricants or other liquids or materials. Eagle County bears no responsibility for environmental concerns on the Covenant Property Fuel storage is permitted on site and must comply with applicable local and state regulations. Management Plan Amendments: Amendments to the Management Plan may be proposed by the Management Advisory Committee, the TOG, or Eagle County and must be consistent with the Restrictive Covenant. Amendments must be approved by TOG and Eagle County before being 06/28/2017 3illian H. Ryan, Chair Date 100568322.0oCK / 3 } Town of Gypsum [00558321DOCX / 3 } Eagle County Commissioner EXHIBIT A COVENANT PROPERTY ti `4 a"'r M A EXHIBIT B RESTRICTIVE COVENANT goals County. Cd 201622413 Regina O'Brien 12/90/2016 ?os: 19 10:29:47 AM REC: 50.00 noc: 90.00 EXHIBIT B RESTRICTIVE COVENANT HIS RESTRICTIVE COVENANT (this "Covenant"} is entered into as of the�� day of�016 by Eagle County, Colorado, a body corporate and politic ("County" or "Eagle"} and the Town of Gypsum, a home rate municipal corporation of the State of Colorado' organized pursuant to Article XX of the Colorado Constitution and Town's Home Rule Charter effective October 31, 1982 {"Gypsum" or "Town"). County and Town shall hereinafter sometimes be referred to individually as a "Party" and collectively as the "Parties". RECITALS A. Gypsum is the owner of that certain parcel of land, totaling approximately 275.1 I acres, located in the County of Eagle, State of Colorado that is legally described. in. Exhibit A and . depicted in•Exhibit B, both of which are attached hereto and incorporated herein by reference (hereinafter the "Property"}. B. County agreed to contribute to the purchase of the Property, with approximately 117.74 acres of the Property permanently preserved by conservation easement recorded in the Office of the Eagle County Clerk and Recorder - on ��. - 30-16 , at Reception Number (the "Conservation Property'l. C. In connection with the conservation of the Conservation Property, Gypsum agrees, by this Covenant, xo restrict the uses that may occur on that portion of the Property legally described in Exhibit C, and depicted in Exhibit D, both of which are attached hereto and incorporated herein by reference, totaling approximately 157:67 acres (the "Covenant Property). The Covenant Property shall not lie considered Open Space Land or part of Eagle County's Open Space Program. D. • In connection with the conveyance of the Property and County's contribution to the same, Gypsum agrees to restrict the Covenant Property as set forth below. COVENANT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Gypsum makes the fallowing acknowledgements and covenants for the benefit of County and its successors and assigns: 1. OPEN TO THE PUBLIC. Gypsum shall ensure that the Covenant Property shall be open to the public subject to the establishment of reasonable rules and regulations pertaining to use, reasonable hours of aperatior , seasonal or other necessary closures which may include, but not be limited to, temporary closures resulting from damage, destruction, maintenance or improvement to the Covenant Property (the "Rules and Regulations"). In the event Gypsum determines ;that a change in applicable federal or state law or other conditions makes on-going compliance with the covenant set forth in this paragraph I impractical or ., I impossible, then the Parties shall meet and make good faith efforts to address and identify mutually acceptable modifications to this paragraph with the objective of keeping the Covenant Property open and available to the public. 2. LAND MANAGEMENT. a. Gypsum recognizes the importance of good resource management and stewardship and shall employ good land management techniques in its management and operation of the Covenant Property which may include but not be limited to seasonal closures for wildlife and noxious weed control on the Covenant Property. b. Mann ement Plan. The Covenant Property shall be used, managed and open to the public in accordance ce with a land management pian approved by County and Gypsum {the "Management Plan" or the °°Plan"} and as otherwise set forth in this Covenant. The Parties intend that the Management Plan shall be finalized within six (6) months of execution of this Covenant, but in no case shall said Plan be finalized and approved by each Party later than thirty (30) days prior to the date the Covenant Property is open to the public for recreational purposes. The Management Plan shall provide that County shall have no responsibility for management or other expenses related to the Covenant Property. The Management Plan shall provide discretion to the Town far management and oversight of day-to-day operational matters, including establishment of, and changes to the Rules and Regulations, without the need for amendment to the Management Plan. Before undertaking or allowing any activities or uses not expressly permitted or addressed in a current Management Plan, Gypsum shall seek amendment to the Management Plan. Gypsum may not install, construct or place any New Improvements (as defined in Section 3b) not identified in the current Management Plan without amendment to the Management Plan. Any amendment to the Management Plan shall be approved by Gypsum and County in writing. C. Advisory Management Committee. Gypsum shall create an advisory management committee for the -purpose of making recommendations to the Town in accordance with the guidelines and policies expressed in the Management Plan in order to ensure sound management and use of the Covenant Property. Such committee will generally be comprised of representatives from the Town, County, user groups, Colorado Parks and Wildlife and the Bureau of Land Management. Unless otherwise agreed by the County in writing, at all times there shall be at least one County representative, selected by the County, serving on the Advisory Management Committee. d. Leases License or Third Party Management Agreement. County shall be entitled to review and approve the form of any lease or other agreement, and any amendment thereto, between any group that may enter into an agreement with the Town for use and management of all or a portion of the Covenant Property. The terms of any such lease or other P1 201622413 agreement shall require compliance with the terms of this Covenant and the current Management Plan. 3. SUBDIVISION AND DEVELOPMENT RESTRICTED. County and Gypsum agree that the division, subdivision or de facto subdivision of the Property, whether by legal or physical process, into two or more parcels of land or partial or separate interests (including, but not limited to, condominium interests or the partition of undivided interests) is prohibited. Ownership of the Property shalt remain as a single parcel, with the Covenant Property being subject to this Covenant. The construction or location of any New Improvements (defined below) on the Covenant Property is prohibited, except as set forth in paragraph 3b below. a. Existing improvements, There are currently no existing improvements on the Covenant Property except for five storage buildings and a shade shelter. The Property is bisected by Trail Gulch Road, which is a County -maintained road, There is an existing driveway which connects Trail Gulch Road to the area where these str�ctures are located. b. New Improvements. i. No development, installation or placement of any temporary or permanent buildings, structures or mobile homes C New Impro`'►ements") is permitted on the Covenant Property except that Gypsum may allow the construction, placement or installation ofrestrooms, structures, or buildings to be used in'connection with permitted recreational uses allowed by this Covenant and to be addressed in the Management Plan, which New Improvements, when taken together shall not exceed a total of five thousand (5,000) square feet. The allowed New Improvements may not be used for residential purposes, other than for seasonal care taker facilities, and construction and use of all such New Improvements shall comply with the Eagle County Land Use Regulations. ii. Road Construction Trails Motorized Paths and Pavin . Gypsum may place, maintain, restore and replace roads, trails and motorized paths within the Covenant Property. Construction of additional paved or unpaved roads is permitted, subject to County approval and issuance of any necessary permits or land use approvals required under the Eagle County Land Use Regulations. Construction of new or additional and motorized recreational paths, including berms and jumps, are permitted subject to the requirements of the Management Plan. iii. Fences. Gypsum may maintain, repair, replace or remove existing fences. Gypsum may construct, maintain, repair and replace new fences anywhere on the Covenant Property, provided the location and design of such replacement or new fends are wildlife friendly and approved by the Advisory Management Committee. iv. Utiluty Improvements, Gypsum maymaintain, repair or replace existing utilities on the Covenant Property including (a) electric power poles, transformers and N 201622413 power lines; and (v) telephone and communications towers, poles and lines; and (c) gas lines; and (d) sewer, septic and waste water facilities. Gypsum may install new utilities on the Covenant Property, including (a) electric power poles, transformers and power. lines; and (b) telephone and communications towers, poles and lines; and (c) gas lines; and (d) sewer, septic and waste water facilities and (e) renewable energy generating systems such as wind, solar, geothermal or hydroelectric, only with approval of the Town, the Advisory Management Committee and the County, and where applicable, with amendment to the Management Plan. Any area of the Covenant Property disturbed by maintenance, repair or replacement of the utilities shall be revegetated and restored to a condition similar to that existing prior to the disturbance. V. Si g< s. Gypsum may place, maintain, restore and replace, interpretive and directional signs an the Covenant Property as well as signage recognizing the funders and .participants in the acquisition of the Covenant Property. Any sign larger than 24 square feet shall be approved, prior to its installation, by the County. vi. Recreational Trails. Gypspm may construct recreational trails on the Covenant. Property in accordance with the Management PIan, which shall set forth general guidelines for the use and maintenance of such trails. vii. Mg oeized Track. Gypsum may construct a motocross track and related amenities on the Covenant Property that are consistent with the restrictions contained in this Covenant and in accordance with the requirements ofthe Management Plan. 4. OTHER PROHIBITED USES a. Town shall not establish or maintain a feed lot on the Covenant Property. For purposes of this Covenant, "feed lot" means a permanently constructed confined area or facility which is used and maintained continuously and exclusively for purposes of warm up or fattening large numbers of livestock on the Covenant Property. b. Except as specifically authorized herein, Town shall not,engage in Industrial Operations, as defined in the Eagle County Land Use Regulations, on the Covenant Property without advance written approval of the County which may be withheld in County's sole discretion. This prohibition shalt not apply to the on-site repair of equipment necessary for the maintenance of the Covenant Property. C. Town may use agri-chemicals on the Covenant Property in accordance with all applicable federal, state and local laws. The Town may also store, or allow the storage of, within enclosed preexisting storage structures or other allowed New Improvement structures on the Covenant Property, heavy equipment necessary for the maintenance of the Covenant Property, including necessary and related machinery fuels and fluids, and other repair items. Otherwise, the treatment, permanent storage, disposal or release of hazardous materials on, from or under 4 201622413 the Covenant Property is prohibited. For the purpose of this Covenant, hazardous materials shall mean any hazardous or toxic material or waste that is subject to any federal, state or local law or regulation. Notwithstanding anything in this Covenant to the contrary, this prohibition does not impose any liability on County for hazardous materials, near does it make County an owner of the Covenant Property d. Except as expressly provided herein or in the Management Plan, no developed golf courses, ball or recreational fields, equestrian centers or similar non -dispersed recreation shall be permitted on the Covenant Property without advance written approval by the Advisory Management Committee and County. Such written approval may be withheld in County's sole discreiion. C. The exploration, mining, or extraction of minerals, oil, gas, or other hydrocarbons, soils, sands, gravel, rock, or other materials C'Minerals') on or below the surface of the Covenant Property by Gypsum is prohibited on the Covenant Property without advance written approval by the,Advisory Management Committee and County. Such written approval maybe withheld in County's sole discretion f Other uses. Any uses of the Covenant Property not involving or supporting dispersed recreation shall be approved in advance by the Town and County in writing. Such written approval may be withheld in County's sole discretion, 5. SUBSEQUENT TRANSFERS OF THE PROPERTY. Gypsum agrees to notify any party who may purchase, lease, or otherwise hold an, interest in the Property or the Covenant Property of the terms of this Covenant, and to provide a copy of the Covenant to such party if requested. The conveyance document shall expressly refer to this Covenant and acknowledge that all subsequent owners or holders of any subsequent interest in the Covenant Property are subject to its terms. The failure of Gypsum to perform any act required by this section shall not impair the validity of this Covenant, Further, Gypsum agrees to give written notice to County of the transfer of any interest in the Property at least forty-five (45) days prior to the date of such transfer. County provided funding through. its Open Space Program toward Gypsum's acquisition of the Property; therefore any voluntary sale, conveyance, transfer, lease, or disposal of all or any portion of Gypsum's interest in the Property to a third party shall require prior written approval from County and may require a refund to the County of its contribution, as determined by County in its sole discretion. Notwithstanding any provision of this Covenant to the contrary, in the event of any condemnation of the fee title, the requirements of this section shall continue to apply. 6. CONDEMNATION. If any portion of Covenant Property is taken by condemnation, or by purchase in lieu of condemnation, Gypsum shall recover the full value of the interests in the Covenant Property subject to the taking or in -lieu purchase, and all damages 201622413. resulting therefrom. Gypsum and County shall share the amount recovered such that County shall receive 92% of the amount recovered and Gypsum shall receive the balance. 7. LAND USE APPROVALS. Nothing permitted by this Covenant constitutes approval by any government or regulatory agency for construction, development or land use; nor does any permit or approval granted by a government or regulatory agency override the terms of this Covenant. Gypsum shall be solely responsible for obtaining all necessary approvals' for the lawful use of the Covenant Property. All improvements, reserved rights, structures or construction continues to be subject to separate review and approval under the Eagle County Land Use Regulations and nothing herein shall be considered to be pre -approval of any improvement, reserved right, subdivision, use, structure or construction on the Covenant Property: 8. ENFORCEMENT. The Parties acknowledge and agree that monetary damages would not be sufficient to compensate County, for any breach hereof by Gypsum or its successors and assigns. Should Gypsum or its successors, assigns or any occupant of the Covenant Property breach or threaten to breach the terms and covenants of this Covenant, -then the County shall have the express right (but not the obligation) to enforce the provisions hereof and may exercise all rights and remedies, at law or in equity, to which it may be entitled on account of such breach, including without limitation, the right to an action for damages, -specific. performance of this Covenant and/or injunctive relief including obtaining a temporary restraining order. Any Party having the right to enforce this Covenant shall not be liable for failure to enforce it. 9. FURTHER ASSURANCES. The Parties hereto further agree to execute such other documents and instruments as are or may become necessary or'convenient in order to effectuate and carry out the objectives of this Covenant. 10. NO WAIVER. The failure of any Party to require performance of any provision of this Covenant shall not be deemed a waiver of any rights or remedies that said Party may have, and shall not limit the Party's right to enforce the provision in the fixture. Waiver of any breach of any provision shall not be deemed a waiver of any succeeding�breach of the provision or a waiver of the provision itself or any other provision. 11. NOTICE. Any notice required to be delivered hereunder shall be deemed to be delivered on the earlier of actual receipt or, whether actually received or not, when deposited in the United States mail, postage pre -paid, registered or certified mail, return receipt requested, addressed as follows: If to Gypsum: Town of Gypsum ,Teff 5hroll, Town Manager Post Office Box 130 Gypsum, CO 81637 11 201 62241 9 Telephone; 970-524-7515 With copy to: Collins Cockrel Cole Attn: Kathryn G. Winn 390 Union Blvd. Suite 400 Denver, CO 80228-1556 Phone: 303-986-1551 Facsimile: 303-986-1755 Eagle County: Eagle County P.Q. Box 850 Eagle County, CO 81631 Attn: Toby Sprunk, Open Space Director Phone: 970-328-8692 Facsimile: 970-328-8698 With a copy to: Eagle County Attorney's Office 500 Broadway P.O. Box 850 Eagle County, CO 81631 Attn: Bryan R. Treu Phone: 974-328-8685 Facsimile: 970-328-8699 The Parties hereto and their respective heirs, executors, administrators, successors and assigns may, from time to time and at any time, change their respective addresses. Any change properly made is effective twenty (20) days after the delivery of written notice `to all other Parties to this'Covenant in the manner provided herein. 12. SUBORDINATION. The Covenant Property is not subject to any mortgages or liens at the time of grant of this Covenant, and thus no subordination is necessary. No provisions of this Covenant shall be construed as impairing the ability of Gypsum to use the Covenant Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from such borrowing shall be subordinate to this Covenant. 13. DRAFTING. The Parties acknowledge that this Covenant has been negotiated at arm's length and in good faith, and that each Party has been given the opportunity to be represented by independent legal counsel, and that this Covenant is the result of mutual agreement and negotiation, and shall not be deemed to have been drafted solely by any Party and the Parties hereby waive the benefit of any rule of contract interpretation or construction requiring that the same be construed against the draf}ing party in the event of ambiguity. 14. THIRD PARTY BENEFICIARIES. This Covenant is entered into for the sole benefit of the Parties, and no other parties are intended to be direct or indirect beneficiaries of its provisions and no third party shall have any rights in, under, or to this Covenant. F7 2016224/3 15. RUN WITH THE LAND. This Covenant and the terms, conditions and other provisions hereof shall be covenants that run with and bind the Covenant Property and shall be binding on Gypsum and its successors and assigns. This Covenant shall be recorded in the real property records of Eagle County, Colorado and shall be enforceable by County. The provisions of this Covenant shall be set forth or referenced in any lease or deed pertaining to the Property executed on or after the date hereof. 16. SEVERABILITY. Whenever possible, each provision of this Covenant shall be interpreted in such a manner as to be valid under applicable law; provided, however, if any provision of this Covenant shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Covenant, 17. GOVERNING LAW. This Covenant is to be governed and construed in accordance with the laws of the State of Colorado. 18. COUNTERPARTS. This Covenant may be executed in several counterparts, each of which shall be fully effective as an original, but all of which together shall constitute one and the same instrument. 19. HE, Paragraph headings within this Covenant are inserted for convenience only and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained in this Covenant. 20. MODIFICATION. The Parties agree that any modifications of this Covenant shall be effective only when made in writing signed by the Parties or their successors and assigns and recorded with the Clerk and Recorder of Eagle County, Colorado. 21. RULE AGAINST PERPETUITIES. The Parties intend that this Covenant and the covenants, duties, obligations, rights and remedies shall not be subject to the rule against perpetuities. 22. LIABELITY AND IMMUNITY. Town assumes all liabilities associated with the development and public use of the Covenant Property. Notwithstanding the foregoing, the Town and the County agree and understand that each is relying on and does not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to each party or any of its officers, agents, or employees. 23. FORCE MAJEURE. Notwithstanding anything to the contrary stated herein, Town shall not be obligated to send any prior notice to County or the Advisory Management Committee, and County shall not be entitled to bring any action against Town, with respect to 8 201622413 any prudent, good faith activity undertaken by Town to prevent, abate, or mitigate injury to the Property immediately before, during, or immediately following fire, flood, storm, earth movement, acts of war, and similar causes beyond the control of Town. Town will promptly inform County of injury to the Property caused by such events or actions. . H Remainder of Page Intentionally Left Blank II 9 201622413 IN WITNESS WHEREOF, this Restrictive Covenant is hereby executed as of the date first written above. TOWN OF GYPSUM: Town of Gypsum, a home rule municipal corporation, by and through its Town Manager By' a 5 hrvll, Town Manager STATE OF COLORADO ] ) ss. COUNTY OF EAGLE } The foregoing instrument was acknowledged before me this day ofUill 2416, by Jeff Shroll, Town Manager for the Town of Gypsum, a home rule municipality. Witness my hand and official seal. My commission expires: . �]`? Tiiracle J. Portice NOTARY PUBLIC STATE-OF•COIAHMO My CQMMhdM ex hW 11rMn0 LIM2DIM0955 201622413 Na ry Public its] EAGLE COUNTY: Eagle County, Colorado By Way Vhd a of Ca Co issianers r By: 11T, a Z� enry, Commissioner STATE OF COLORADO ] ss. COUNTY OF EAGLE ] The foregoing instrument was acknowledged before me this day ofmbl , 2016, by Kathy Chandler -Henry, Commissioner, Eagle County Board of County Commissioners. Witness my hand and official seal. My commission expires: Nolary Public ha4e.1. PorUee NgTAO-PUBLIC 1►Dv n, iiM& M ucM2407 201622413 :11 EXHIBIT A Legal }description of Entire Property Lot 1, Dry Lake Ranch, according to the plat recorded December 21, 2016 at Reception No. 241621870, County of Eagle, State of Colorado. (metes and bounds description on fallowing page) 12 20/6224/3 a LEQAL DRY LAKE RANCH A Parcel of land located in the South 1/2 of Section 18, Township 4 South, Range 85 West of the 6lh Principal Meridian, County of Eagle, State of Colorado. Sold Parcelbeing more fully descn'bed as follows: Beginning at the West 1/4 Comer of sold Section 18, a 2.5" Brass Cop. cram which the Southwest Corner of Section 18, a 2.5" Brass Cap, bears SOD'0p'WW, 'a distance of 2654.84'. this line being the Basis of Bearings. Thence the following seven (7) courses: 1) 58959'52"E along the East—West 1/4 Lina of Section 18, a distance of 3953.96' to the East 1/i6 C—C Corner of Section 18; 2) departing sold 1/4 line SM'09.3n along the East Line of the NWI/4 of the SE1/4 of Section 18, a distance of 1320.72' to the Southeast 1/16 comer of acid Section IS. - 3) 8;3) H89"36'OrE clang the North Line of sold SSI/4 of the SES/4 of Section 18, a distance of 1359.88' to the South 1/16 Comer of Section 17 and 18: 4) SOO't1'05%. along the East Line of acid SEI/4 of the SEI/4 of Section I8, a distance of 1319.15' to the Southeast Comer of sold Section 18; 5) 589'51'58'W, along the South Line of the Southeast 1/4 of Section 18, a distance of 2644.91' to the South 1/4 Comer of Section t8; 6) S89'51'58"W Bang the South Line of the SWI/4 of Section 18, a distance of 2644.91' to the Southwest Comer of Section i8; 7) NO0.O0'4O"W along the West Line of the Saulhwest 1/4 of Section 18, a distance of 2650,84' to the West 1/4 comer of Section 18, and the Point of,Aeginninec Excluding the 5 Acre PBmle Parcel described as follows; Commencing at the West I/4 Corner of said Section 18, a 2.5" Brass Cap, from which the Southwest Corner of Section 18, a 2.S' Bross Cap, bears SOOMWOO'W, 2650.64', this line being the Basis of Hearings. Thence SM'OV014E. a distance of 2532,49' to the Paint of Beginning. Thence NOD 00'00"E. a distance of 421.65' (1.98); Thence S44'OWOD"E, a distance of 174.92' (L99); Thence S27'01YOVW, a distance of 456.06' (LIDO); 'thence if90'00'40"W, a distance of 265.40.' (1,101); Thence N05100'00"E, o distance of 563.50' W02) to the Point of Beginning. Containing 275.419± Acres. fOVERVIMDRYLARE C(MER14MONEAWMENT& RESTRICTIVE.' C0VEJVJWF0R170N Lacaded tathe Sonth 212ofSecdan 18, M, R8Sii; 6th PMCountyofRgS1e, State of Colorado IDR.41W B): RPKl.M4VI DA 12-21-16 16118 --DRY LME—EASE 201622413 Exhil MPP LAND SURVEYING RANDY R1PP RL.S P.Q Bout X S4 Eagle, CO 8I6311 (970) 390-9540 email. randq�pplandsurveying tom web. kinalandsurneuina.cem Exhibit B Map of Entire Property 13 201622413 a .�LnZFI--------- _zzr r 60 AM pit 4 oW�jm !h� x " in �� a, m x s x �8 zw.w.aw (.sin ,v-w,v msvv 2016324/3 •C V C •�.� i v a �SL'6l'L Q• , Z CP'�� a Cr3 a .�LnZFI--------- _zzr r 60 AM pit 4 oW�jm !h� x " in �� a, m x s x �8 zw.w.aw (.sin ,v-w,v msvv 2016324/3 s 0 � W v Exhibit C Legal Description of Covenant Property 14 20/622413 LEGAL DESCRIP'T12bi DRY LAKE RESMCSIVE COVENANT PORTION A Restrictive Cavenant Portion of land located in the South 1/2 of Section 18. Township 4 South. Range 85 West of the 6th Principal Meridian, County of Eagle. State of Colorado. Sold porilort being more fully described as follows: Commencing at the West 1/4 Corm of sold Section 18, a 2.5" Bross Cap, from which the Southwest Comer of Section 18, a 2.5" Bross Cap, heart S00'00'00'W, 7650.64', this line being the Basis of Bearings. - 'Thence S89159'52"E along the Cost -West 1/4 Line of sold Seetim 18. a distance of 3953.98' to East 1/16 C -C Carrier of Section 18, a 2" Aluminum Cap (LS #20595) and the Point of Beginning.. thartce the failawing forty --nine (49) courses: 1) SD010937'E along the East Line of the NWl/4 of the SEI/4 of Section 18, a distance of 1320.7:' to the Southeast 1/16 comer of sold Section 10, a 2" Aluminum Cap (LS #20695) "1)-. 2j Sri39'28'E, a distance of 149.92' (L52); 3) S177W28'E, a distance of 150.1Y (L53� 4) S0941'41'E, a distance of 17229' ((L$4); 51 SO24040"E.. a distance of 176.31' [L55 ; 6) S1470WW, a distance of 169.67' (L58s; 7] S147457'W, a distance of 155.27' (L67]; $) S3138'31'W, a distance of 210.17= (158); 9 53114'29'NI a distance of 229.33' to the South Line of the Southeast 1/4 of- sold Section 18 (159); 10 58951187W.. along sold South Line, a distance of 1133.41 (1.60) to the South 1/4 comer of said Section 18, a 2.5' Aluminum Cap (LS 120695); 11) S8951'56'W, along the South line of the Southwest 1/4 of sold Sectlon 18, a distance of 428.29' (1.51); 12) H6944'26'W, a distance of 333.72' (L62): 13) N69 00'24"W, a distance of 284.79' (1.63); 14 N831418'W, a distance of 294,61' (LS41 15 N53Vr45"W, a distance of 300.84' (L85); 16 N5O'54'16"WIi, o distance of 481.4,3' (L88j; 1 N30'30'13W, a distance of 337.01' (L67): 18 N2775'52'W; a distance of 311.76' (1.68); 19 N14'50'53"W, a distance of 212.26' (L69); 20 N20'64'48'W, a distance of 254.36' (1.70); 21 N024dS1"E, a distance of 219.09' (L71)1 22 N54'58'49% a distance of 340.90' (L72); 23 N58106'34"E, o distance of 467.91' (L74- 24.) N59'09'63% a distance of 257.62' (04); 25 N34'12'14"W, a distance of 28.98' (L75) to the East-West 1/4 Urte of said Section 18; 26) S59159'32'E. along sold East-West 1/4 Une, a distance of 80.13' (1,75); 27) S37'56'41'E, a distance of 274.34' (07); 25 524'41'41"E, a distance of 110.80'(M); 29 S40.43'29'E, a distance of 209.89' (1.79); 30 S4042457E, a distance of 170.05' (L80) 31 S4639'54"E, a distance of 165.50 L81); 32) 54637'21'tE, a distance of 185.81' (482) 33 53512 23'E, a distance of 105.47' (L83); 34) 541'40'S7'E, a distance of 110.24' (L84); 35 S5976'55"E, a distance of 1174.711',(M); 36 S86375D'E, a distance of 164.V (LOS]; 37) S6343'28'E, a distance of 140.94' M7j; 38 S5891122'E, a distance of 111.28' (L88), to a paint of curvature: 39 along a curve to the left 188.91', sold curve hwAng a radlus of 385.00', a central angle of 2806'44', and a chard bearing of N44'08'O1'E for a distance af.187.01' (03): 40] N301D4'44'E, a distance of 145.70' (L89), to a point of curvature; 41 along a curve to the right 85.55. sold curve having a radius of 485.0:, a central angle of 10'39'&8 and a chard bearing of N35'24'37'E for a distance of 86.44' (C4); 112j N39%45'10 E, a distance of 132.41' (LOO); 43 N65'4fi SS'C. a distance of 193.82' (L91); 44 N57'2843E. a distance of 179.04' (L92); 45j N2848'20E, a distance of 93.18. (L93); 46 N10O7'28"E, a distarm of 136.47' "4); 47j N12105'39'W, a distance of 104.55' �5 48} N22'2230'4W, a distance of 106.38' LLQ$ to the sold East-West 1/4 Line; 49}}}} 589'59'52"E, along sold East-West 1/4 Une, a distance of 592.59' (L97) to the P_olnl`oi Begbrilna: Containing 157.671:k Acres DRYLAKE RESTMC77VE COVENANT POR77ON Located in the South 1/2 ofSecdan 18, M, R851M, 6th PM Cauntrj afF.agle, state gfCaforado i DRAM 8 K h'PKA&V i DAM 12-21-16 ! 2016224/3 MPP .SAND SURVEYING RANDYKIPP RLS P.O. Bax 3I54 Eagle, CO 81631 (970) 390-9540 email: randy®ktpplandsurveying.com web: 1citlaalandsurueubw com Exhibit D Map of Covenant Property 15 2016224/3 N L'I 201622413 0. CO O •. C N res p a „o. 201622413 CO C a r1 O� V7 � v 0"4 ri H1511 111 a. R5! 11N 1'2 IF V 2 � Maj gyp qp 5 m m_ J p� J m J �Ap p� J p� -9 201622413 � v NNN uu77 � Maj gyp qp m p �p �Ap (q�� 201622413 EXHIBIT C c r • 1 Y° d E 'Ali to tm j m r �T s CL a LJ r n J l y z 63 J �- s• P] r w 0. w U E 41 w r r • 1 Y° Azr- j �r r. .. �T s CL LJ r n B1 l y z 63 P] r w 0. w U E 41 w r el �� '• �'t' V� fes- �� w r.# 77t►1 �'^L i,,-►'��� ':his �:s EXHIBIT D MOTORIZED TRACK DEVELOPMENT NN 7"o ♦ \ ' m I\ \♦ \\ \\ \ \\ \ \ \ CL. \\ \� ♦ \� \ \ ♦\ \ \ ♦ bg \ \ ,` a .r `\ ` CC ca I\ \ \\ \ ♦ \ fi ' R\coo \ N N \ K. Ile, re I'\ \ \ ( �. 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