Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutR17-039 Hardscrabble Ranch Property Commissioner WO- V-44-4iOntived adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2017- 0 RESOLUTION AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH T 1E CONSERVATION - FUND'S ACQUISITION AND PERMANENPPRESERVAITION OF THE HARDSCRABBLE RANCH P'ROPERTY.7 WHEREAS, on May 9, 2017 the Board of County Commissioners of Eagle County, Colorado ("Board") approved the contribution of Open Space funds toward The Conservation Fund's effort to purchase and permanently preserve the approximately 1,540 acre Hardscrabble Ranch property located south of the Town of Eagle in Eagle County, Colorado, (the"Property"); and WHEREAS, in anticipation of The Conservation Fund's purchase and subsequent conveyance of a conservation easement to the Eagle Valley Land Trust,the Board desires to grant any of the Eagle County Commissioners the authority to execute all documents necessary for completing the transaction, which may include leases, management plans, and other documents. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,the Board authorizes any Commissioner to execute on its behalf any and all necessary documents, instruments,papers or other forms necessary for closing of the transaction through which The Conservation Fund will acquire and permanently preserve the Property and convey a perpetual conservation easement to the Eagle Valley Land Trust. Such documents may include,but shall not be limited to: a. Ranch Lease between Eagle County, Colorado and The Conservation Fund substantially in the form attached as Exhibit A; b. Ranch Sublease between Eagle County, Colorado and Bowdrie Maurello substantially in the form attached as Exhibit B; and c. Any other documents which in the opinion of staff are required or desirable; and d. All documents to be executed by any Commissioner shall be in a form approved by the Eagle County Attorney's office. THAT,the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED,READ AND ADOPTED by the Board of County0Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the (01 rday of () 2017. U COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its VALE , BOARD OF COUNTY COMMISSIONERS ATTEST: 14-1-&1 1414 Y k 1 " . . ' By: //, - Clerk to the Board of J. ian H. Ryan County Commissioners Chair Kathy Chandler-Henry Commissioner danne McQueeney ommissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney A.. L. Commissioner Chandler-Henry A-169—c.._41 Commissioner Ryan This resolution passed by / () vote of the Board of County Commissioners of the County of Eagle, State of Colorado Exhibit A Ranch Lease RANCH LEASE (TCF/Eagle County-Hardscrabble Ranch, Eagle County, CO) This Ranch Lease ("Lease") is entered into this day of July, 2017 (the "Effective Date"),by and between THE CONSERVATION FUND, a Maryland nonprofit corporation,the address of which is 1655 N. Fort Myer Drive, Suite 1300, Arlington, VA 22209-3199, Attention: General Counsel ("TCF"or"Lessor"), and EAGLE COUNTY,COLORADO, a body corporate and politic,the address of which is P.O. Box 850 Eagle, Colorado 81631 (the"County"or"Lessee"). RECITALS: A. TCF is the owner of certain real property located in Eagle County, Colorado and described in Exhibit A, attached hereto and incorporated herein, and certain"Water Rights", described in the attached Exhibit A-1 (together,the"Property"). B. TCF and the Lessee have entered into an"Agreement between Eagle County and The Conservation Fund Related to the Hardscrabble Ranch Conservation Project"dated May 9, 2017 (the"TCF/County Agreement"),pursuant to which TCF will convey the Property to the Lessee, contingent upon satisfaction of the conditions of the TCF/County Agreement. C. TCF is a non-local entity and wishes there to be a continuing presence on the Property by a Lessee who will properly manage the Property. Lessee, in turn, wishes to make agricultural, recreational and other use of the Property and to make use of and/or remove from the Property all crops stored on or produced on the Property during the term of the Lease,which the parties acknowledge shall be the property of the Lessee. Unless otherwise extended by the parties, the term of this Ranch Lease does not extend beyond the earlier of(i)one(1) year after the effective date of this Lease; or(ii)conveyance of the Property to the County. NOW, THEREFORE, in consideration of the mutual promises, covenants,terms, and conditions herein, the parties hereby agree as follows: AGREEMENT: 1. Lease for Agricultural,Recreational and Other Use of the Property. TCF hereby grants to Lessee a lease for management and use of the Property for agricultural operations, recreational use and other uses, as set forth herein, subject to the terms and conditions of this Lease. The Lessee may harvest,remove, dispose and sell all crops grown during the Lease, and keep any proceeds from the sale of such crops, which crops the parties hereby agree to be the property of the Lessee. Lessee hereby accepts such lease and Lessee understands that this Lease is limited, temporary and revocable as provided for in Section 14 below. w:\...\tcfl\hardscrabble\Ranch lease 3 1 7/11/17 Ranch Lease—Hardscrabble Ranch TCF—Eagle County Page 2 2. Term. This Lease shall terminate upon the sooner of the following events: (a)one (1)year after the effective date of this Lease, or(b)upon sale of the Property to the Lessee. This Lease may be terminated earlier by TCF only as provided for in Section 14, below. 3. Rent. The consideration to be paid by the Lessee to the Lessor is the Lessee's caretaking and management of the Property as provided herein. 4. Use and Management of Property. Lessee shall use and occupy the Property exclusively for the purpose of(a) agricultural operations on the Property consistent with recent uses; (b)management of public access on trails as determined by the County to be appropriate; (c) compliance with other agreements applicable to the Property, such as the conservation easement, once it takes effect, and maintenance of the bike/pedestrian path on the Property; and(d) other uses approved by Lessee as being consistent with ranching operations and preservation of the open space and recreational conservation values of the Property. Lessee shall not permit the Property to be used,possessed, or occupied for any unlawful purpose or in any unlawful manner, or for any uses or purposes not expressly authorized by this Lease. 5. Assignment or Sublet. Lessee shall not assign this Lease without first obtaining TCF's written consent which TCF may withhold in its sole discretion. Lessee shall not sublet the Property or any portion thereof without first obtaining TCF's written consent which TCF may withhold in its reasonable discretion. Notwithstanding the foregoing,TCF hereby approves the form of Ranch Sub- Lease Agreement between Eagle County, Colorado and Bowdrie Richard Jack Maurello which is attached hereto as Exhibit B. 6. Liability Insurance. At all times during the term of this Lease, Lessee agrees to obtain and maintain public liability and property insurance, which shall include coverage at least consistent with the limits of liability under the Colorado Governmental Immunity Act. All such policies shall name TCF, its officers, employees, and directors as additional insureds. Lessee shall deliver to TCF a certificate of insurance evidencing all such insurance within ten(10)business days of the date of executing this Lease. Notwithstanding anything herein to the contrary, Lessee shall have all protections available to it under Colorado law and does not waive or intend to waive the limitations of liability which are provided to it under the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101, et. seq. 7. Condition As Is. TCF makes no warranties or representations whatsoever with respect to the condition of the Property, and Lessee acknowledges that it has fully inspected same and shall assume its use,possession, and occupancy thereof"as is" and in its present condition. w:\...\tcfl\hardscrabble\ranch lease 3 2 7/11/17 Ranch Lease—Hardscrabble Ranch TCF—Eagle County Page 3 8. Improvements and Alterations. Lessee shall construct no improvements or alterations on or under the Property without prior permission of TCF. Lessee shall maintain the Property and improvements in good working condition. 9. Agricultural Practices. Lessee shall conduct all agricultural practices and activities on the Property in a safe and workmanlike manner,utilizing appropriate technologies and equipment. Lessee agrees that it shall not use, store, release or dispose of any hazardous substances on or near the Property other than in the ordinary course of its business and in a prudent manner that complies with all laws and regulations and only in accordance with any and all applicable labels or instructions provided with such materials or substances. Lessee shall exercise reasonable care, and shall be fully responsible for any damage done to the Property as a result of Lessee's activities on the Property. 10. Casualty. In the event of loss, casualty, or destruction to the Property resulting from natural causes or other matters beyond the control of TCF, however caused, TCF shall have no obligation to Lessee for any loss or damage suffered by Lessee as a result of such casualty, except to the extent that such loss or destruction was caused by the gross negligence or willful misconduct of TCF. In the event of loss, casualty, or destruction to the Property resulting from natural causes or other matters beyond the control of Lessee, however caused, Lessee shall have no obligation to TCF for any loss or damage suffered by TCF as a result of such casualty, except to the extent that such loss or destruction was caused by the gross negligence or willful misconduct of Lessee. 11. Code Compliance. Lessee shall be responsible for complying, at its sole cost and expense, with all applicable health, safety, fire, zoning,building and other code requirements and orders with respect to Lessee's activities on the Property. 12. Taxes,Utilities, and Services. TCF shall be responsible for the payment of real property taxes due on the Property. The Lessee shall pay all water assessments, and costs for utilities, including without limitation, electricity,water, gas, propane, and any other services provided to the Property. Lessee is tax exempt and shall not be responsible for payment of any taxes levied on Lessee's leasehold interest and agricultural operation, including Lessee's personal property. Lessee shall promptly pay for any services or other work it has contracted for or otherwise ordered in connection with the Property. 13. Entry and Inspection. TCF and its agents or representatives shall have the right to enter upon the Property at all times for any purpose related to this Lease including but not limited to the inspection of the Property for Lessee's performance of its obligations hereunder,provided that in making such entry or inspection TCF will not unreasonably interfere with Lessee's activities on the Property permitted hereunder. w:\...\tcfl\hardscrabble\ranch lease 3 3 7/11/17 Ranch Lease—Hardscrabble Ranch TCF—Eagle County Page 4 14. Termination. This Lease shall terminate upon the earlier of: (a) 5 days written notice by TCF specifying Lessee's failure to perform and comply with the promises, covenants, terms, and conditions herein and Lessee's continuing failure to so perform or comply; (b) sale of the Property to the Lessee; or(c) one year from the effective date of this Lease,unless extended by the parties. Upon termination as provided under this Section 14, all rights and obligations of the parties hereunder shall cease and this Lease shall become null and void, except that the rights and obligations contained in Sections 10 and 12shall survive. Upon termination, the Lessee shall be entitled to remove its crops and personal property within a reasonable time period. 15. Surrender of the Property. Except in the case this Lease is terminated upon sale of the Property to Lessee(in which case Lessee may keep the Property in its then- current condition and keep any of its personal property on the Property): (a) within 45 days following termination of the Lease, Lessee shall vacate the Property and shall surrender the Property in at least as good condition as it was in on the commencement date of this Lease(subject to all approved activities); and (b) any personal property brought onto the Property by the Lessee must be removed within 45 days following termination of the Lease. 16. Notices. Any notice required hereunder shall be in writing and personally served or sent by registered mail, return receipt requested and postage prepaid, as follows: To TCF: The Conservation Fund Attention: Mr. Tom Macy and Ms. Christine Quinlan 1942 Broadway, Suite 323 Boulder, CO 80302 and to: The Conservation Fund Attention: General Counsel 1655 N. Fort Myer Drive, Suite 1300 Arlington,VA 22209-3199 To Lessee: Eagle County, Colorado Attention: Toby Sprunk, Open Space Director PO Box 850 Eagle, Colorado 81631 w:\...\tcfl\hardscrabble\ranch lease 3 4 7/11/17 Ranch Lease—Hardscrabble Ranch TCF—Eagle County Page 5 and to: Eagle County Attorney's Office PO Box 850 Eagle, Colorado 81631 17. Intentionally Omitted. 18. Successors and Assigns. This lease shall be binding upon and shall inure to the benefit of the parties' successors and assigns. 19. Remedies. a. TCF's rights and remedies hereunder shall be cumulative; TCF's waiver of any particular breach or default hereof by Lessee shall not operate or be construed as a waiver of any other past or future breach or default, whether or not the same or similar in nature, and neither TCF's failure to enforce Lessee's obligation to perform or comply with any promise, covenant, term, or condition herein shall operate or be construed as a waiver or any estoppel or a limitation on TCF's right to enforce Lessee's obligation to perform and comply with all promises, covenants,terms and conditions herein or to exercise any right or remedy available herein on account any breach or default by Lessee whenever it may have occurred. b. Lessee's rights and remedies hereunder shall be cumulative; Lessee's waiver of any particular breach or default hereof by TCF shall not operate or be construed as a waiver of any other past or future breach or default, whether or not the same or similar in nature, and neither Lessee's failure to enforce TCF's obligation to perform or comply with any promise, covenant, term, or condition herein shall operate or be construed as a waiver or any estoppel or a limitation on Lessee's right to enforce TCF's obligation to perform and comply with all promises, covenants,terms and conditions herein or to exercise any right or remedy available herein on account any breach or default by TCF whenever it may have occurred. 20. Tabor. Notwithstanding anything to the contrary contained in this Lease, Lessee shall have no obligations under this Lease after, nor shall any payments be made to TCF in respect of any period after December 31 of any year, without an appropriation therefor by Lessee in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law(C.R.S. 29-1-101 et. seq.) and the TABOR Amendment(Colorado Constitution, Article X, Sec. 20). w:\...\tcfl\hardscrabble\ranch lease 3 5 7/11/17 Ranch Lease—Hardscrabble Ranch TCF—Eagle County Page 6 IN WITNESS WHEREOF,the parties hereto have caused this lease to be duly executed in duplicate the date and year first above written. TCF: THE CONSERVATION FUND, a Maryland nonprofit corporation By: Its: LESSEE: Eagle County, Colorado By and through its Board of County Commissioners By: Jillian H. Ryan, Chair w:\...\tcfl\hardscrabble\ranch lease 3 6 7/11/17 Ranch Lease Hardscrabble Ranch TCF Eagle County Page 7 Exhibit A Description of Property (5 pages) Parcel 1 LOT 1,AND TRACTS A, B,C AND D,AND ADAM'S RIB RANCH ROAD PRIVATE ROW, FROST CREEK AND SALT CREEK PUD, FILING NO.2,SALT CREEK,ACCORDING TO THE PLAT RECORDED JULY 8, 2008 AT RECEPTION NO.200814345,COUNTY OF EAGLE,STATE OF COLORADO. Parcel 2 A PARCEL OF LAND LOCATED IN TRACTS 61,62, 63, 64, 65, 67 AND 69 AND LOTS 2,3 AND 4 OF SECTION 14, IN SECTIONS 2, 10, 11, 12, 13, 14 AND 15,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE,STATE OF COLORADO,WITH THE BEARINGS SHOWN HEREON, BASED ON A BEARING OF N01°01'34"W FOR THE 2-3 LINE OF SAID TRACT 69 BETWEEN CORNERS NO.2&3, BOTH BEING 2 1/2" GLO BRASS CAP MONUMENTS ON 1" IRON PIPE, FOUND IN PLACE,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT SAID CORNER NO. 2 OF TRACT 69 ALSO BEING CORNER NO.5 OF SAID TRACT 63, CORNER NO.4 OF TRACT 60 IN SAID TOWNSHIP AND RANGE AND CORNER NO.7 OF TRACT 88 IN SAID TOWNSHIP AND RANGE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 63 N 00°25'57"E, 1376.14 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED AUGUST 24, 2005 AT RECEPTION NO.927202 AT THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE, EAGLE,COLORADO, FROM WHICH CORNER NO.5, BEING A 3 1/2"ALUMINUM CAP MONUMENT ON#5 REBAR IN CONCRETE, FOUND IN PLACE, OF SAID TRACT 63 BEARS N00°25'57"E, 32.94 FEET;THENCE ALONG SAID PARCEL BOUNDARY THE FOLLOWING THIRTEEN (13)COURSES: 1)S 63°53'22"E,98.91 FEET; 2)S 57°28'07"E, 17.09 FEET; 3)S 43°41'12"E,311.25 FEET; 4)S 43° 18'30"E,471.12 FEET; 5)S 44°46'44"E,97.90 FEET; 6)S 47° 15'27"E,52.82 FEET; 7)S 55°20'50'E,61.81 FEET; 8)S 65°35'39"E,53.04 FEET; 9)S 69°00'09"E,48.79 FEET; 10)S 79°41'31"E,89.23 FEET; 11)S 79° 11'51"E, 197.18 FEET; 12)S 79° 30'59"E, 166.80 FEET; 13) N 00°02'37"E,4743.42 FEET TO A POINT ON THE 1-2 LINE OF SAID TRACT 62;THENCE ALONG SAID 1-2 LINE S89 DEGREES 57'23"E,1461.13 FEET TO CORNER NO. 1 OF SAID TRACT 62, BEING A GLO 2 1/2" BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 1-6 LINE OF SAID TRACT 62 S00 DEGREES 12' 12"E, 2586.67 FEET TO CORNER NO. 6 OF SAID TRACT 62,CORNER NO. 1 OF SAID TRACT 63 AND CORNER NO.2 OF SAID TRACT 64, BEING A 2 1/2"ALUMINUM CAP MONUMENT ON#6 REBAR, PE/PLS#23089,SET IN PLACE;THENCE ALONG THE 1-2 LINE OF SAID TRACT 64 N89 DEGREES 06'20"E, 2795.86 FEET TO CORNER NO. 1 OF SAID TRACT 64 AND CORNER NO.2 OF SAID TRACT 65, BEING A GLO 2 1/2" BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 1-2 LINE OF SAID w:\...\tcfl\hardscrabble\ranch lease 3 7 7/11/17 Ranch Lease—Hardscrabble Ranch TCF—Eagle County Page 8 TRACT 65 N89 DEGREES 46'35"E,2641.57 FEET TO CORNER NO. 1 OF SAID TRACT 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 1-6 LINE OF SAID TRACT 65 S00 DEGREES 04'57"E, 1322.37 FEET TO CORNER NO.6 OF SAID TRACT 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 5-6 LINE OF SAID TRACT 65 S89 DEGREES 44' 17"W, 1318.79 FEET TO CORNER NO. 5 OF SAID 65, BEING A 2 1/2" GLO BRASS CAP MONUMENT ON 1" IRON PIPE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 65 SO2 DEGREES 13'30"E,2691.91 FEET TO CORNER NO.4 OF SAID TRACT 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" REBAR, FOUND IN PLACE;THENCE ALONG THE 3-4 LINE OF SAID TRACT 65 ALSO BEING THE 1-2 LINE OF TRACT 66 IN SAID TOWNSHIP AND RANGE N89 DEGREES 29'57"W, 1395.64 FEET TO CORNER NO.3 OF SAID TRACT 65,CORNER NO. 2 OF SAID TRACT 66,CORNER NO.6 OF SAID TRACT 64 AND CORNER NO. 1 OF SAID TRACT 67, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 5-6 LINE OF SAID TRACT 64 ALSO BEING THE 1-2 LINE OF SAID TRACT 67 N89 DEGREES 29' 10"W, 1396.79 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY FOR BRUSH CREEK ROAD(EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 1-2 LINE AND ALONG SAID RIGHT-OF-WAY S00 DEGREES 04'25"E, 388.84 FEET;THENCE N40 DEGREES 22'23"W,29.89 FEET TO A POINT ON THE 2-3 LINE OF SAID TRACT 67 ALSO BEING THE 1-6 LINE OFSAID TRACT 69;THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID 1-6 LINE S00 DEGREES 04'25"E, 978.80 FEET TO CORNER NO.6 OF SAID TRACT 69, BEING A 2 1/2" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE EAST LINE OF SAID LOT 4 S00 DEGREES 09' 13"E, 311.53 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4;THENCE ALONG THE SOUTH LINE OF SAID LOTS 2,3 AND 4 N89 DEGREES 58'23"W, 3862.84 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 14, BEING A 2 1/2" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE WEST LINE OF SAID SECTION 14 N00 DEGREES 08'47"W, 302.92 FEET TO A POINT ON THE 3-4 LINE OF SAID TRACT 88, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, STAMPED CC88/15/14, FOUND IN PLACE;THENCE ALONG SAID 3-4 LINE N89 DEGREES 32' 12"E, 1056.88 FEET TO CORNER NO.4 OF SAID TRACT 88, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1' IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 88 N00 DEGREES 03'05"W, 1360.53 FEET TO CORNER NO.5 OF SAID TRACT 88 ALSO BEING A POINT ON THE 3-4 LINE OF SAID TRACT 69, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" REBAR, FOUND IN PLACE;THENCE ALONG SAID 3-4 LINE N89 DEGREES 27'38"W, 1408.71 FEET TO CORNER NO.3 OF SAID TRACT 69 ALSO BEING CORNER NO.6 OF SAID TRACT 88, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE N01 DEGREES 01'34"W, 1261.15 FEET TO THE POINT OF BEGINNING. Parcel 3 A PARCEL OF LAND LOCATED IN TRACTS 67,72 AND 73, IN SECTIONS 13, 14, 23 AND 24,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF EAGLE,STATE OF COLORADO, WITH THE BEARINGS SHOWN HEREON, BASED ON A BEARING OF S00 DEGREES 02'41"E FOR THE 2-3 LINE OF TRACT 68,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BETWEEN CORNER NO.3 OF SAID TRACT 67 ALSO BEING CORNER NO.2 OF SAID TRACT 68 AND CORNER NO.3 OF SAID TRACT 68 ALSO BEING CORNER NO. 2 OF SAID TRACT 72, BOTH BEING A 2 1/2"GLO BRASS CAP MONUMENTS ON 1" IRON PIPE, FOUND IN PLACE,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID CORNER NO. 3 OF TRACT 67 FROM WHICH SAID CORNER NO.3 OF TRACT 68 BEARS S00 DEGREES 02'41"E, 1388.85 FEET;THENCE ALONG THE 2-3 LINE OF SAID TRACT 67 N00 DEGREES 09'13"W, 1316.78 FEET TO CORNER NO.6 OF TRACT 69,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING A 2 1/2" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE CONTINUING ALONG THE 2-3 LINE OF SAID TRACT 67 ALSO BEING w:\...\tcfl\hardscrabble\ranch lease 3 8 7/11/17 Ranch Lease-Hardscrabble Ranch TCF-Eagle County Page 9 THE 1-6 LINE OF SAID TRACT 69 N00 DEGREES 04'25"W,948.45 FEET TO A POINT ON THE CENTERLINE OF BRUSH CREEK ROAD(EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 2-3 LINE AND ALONG SAID CENTERLINE THE FOLLOWING TWENTY(20)COURSES: 1)S40 DEGREES 19'47"E,545.75 FEET; 2)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 224.37 FEET,A RADIUS OF 607.37 FEET,A TANGENT OF 113.48 FEET,A DELTA OF 21 DEGREES 09'56"AND A CHORD OF 223.09 FEET THAT BEARS S50 DEGREES 54'45"E; 3)S61 DEGREES 29'43"E, 167.42 FEET; 4)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 229.50 FEET,A RADIUS OF 997.15 FEET,A TANGENT OF 115.26 FEET,A DELTA OF 13 DEGREES 11'13"AND A CHORD OF 228.99 FEET THAT BEARS S54 DEGREES 54'07"E; 5)S48 DEGREES 18'30"E,553.16 FEET; 6)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 80.96 FEET,A RADIUS OF 2299.07 FEET,A TANGENT OF 40.48 FEET,A DELTA OF 2 DEGREES 01'03"AND A CHORD OF 80.96 FEET THAT BEARS S47 DEGREES 17'59"E, 7)S46 DEGREES 17'27"E,555.64 FEET; 8)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 172.19 FEET,A RADIUS OF 484.96 FEET,A TANGENT OF 87.01 FEET,A DELTA OF 20 DEGREES 20'36"AND A CHORD OF 171.28 FEET THAT BEARS S36 DEGREES 07'09"E; 9)S25 DEGREES 56'51"E,60.28 FEET; 10)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 174.52 FEET,A RADIUS OF 1090.26 FEET,A TANGENT OF 87.45 FEET,A DELTA OF 9 DEGREES 10' 17"AND A CHORD OF 174.34 FEET THAT BEARS S21 DEGREES 21'43"E; 11)S 16 DEGREES 46'34"E,94.78 FEET; 12)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 182.18 FEET,A RADIUS OF 1297.57 FEET,A TANGENT OF 91.24 FEET,A DELTA OF 8 DEGREES 02'40"AND A CHORD OF 182.03 FEET THAT BEARS S12 DEGREES 45' 14"E; 13)S08 DEGREES 43'54"E, 93.72 FEET; 14)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 103.42 FEET,A RADIUS OF 780.12 FEET,A TANGENT OF 51.78 FEET,A DELTA OF 7 DEGREES 35'44"AND A CHORD OF 103.34 FEET THAT BEARS S12 DEGREES 31'46"E; 15)S16 DEGREES 19'38"E,419.17 FEET; 16)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 219.83 FEET,A RADIUS OF 418.98 FEET,A TANGENT OF 112.51 FEET,A DELTA OF 30 DEGREES 03'41"AND A CHORD OF 217.31 FEET THAT BEARS S31 DEGREES 21'28"E; 17)S46 DEGREES 23'19"E, 201.67 FEET; 18)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 218.81 FEET,A RADIUS OF 495.09 FEET,A TANGENT OF 111.22 FEET,A DELTA OF 25 DEGREES 19'23"AND A CHORD OF 217.04 FEET THAT BEARS S33 DEGREES 43'37"E; 19)S21 DEGREES 03'56"E, 149.13 FEET; 20)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 177.96 FEET,A RADIUS OF 806.14 FEET,A TANGENT OF 89.34 FEET,A DELTA OF 12 DEGREES 38'53"AND A CHORD OF 177.60 FEET THAT BEARS S14 DEGREES 44'29"E TO A POINT ON THE 5-6 LINE OF SAID TRACT 67 ALSO BEING THE 1-2 LINE OF SAID TRACT 73;THENCE ALONG SAID 5-6 LINE AND DEPARTING SAID CENTERLINE S89 DEGREES 49'34"E,37.02 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BRUSH CREEK ROAD(EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 5-6 LINE AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING SIX(6) COURSES: 1)ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A LENGTH OF 102.95 FEET,A RADIUS OF 506.69 FEET,A TANGENT OF 51.65 FEET,A DELTA OF 11 DEGREES 38'27"AND A CHORD OF 102.77 FEET THAT BEARS S02 DEGREES 56'23"E; w:\...\tcfl\hardscrabble\ranch lease 3 9 7/11/17 Ranch Lease-Hardscrabble Ranch TCF-Eagle County Page 10 2)SO2 DEGREES 52'50"W,262.58 FEET; 3)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 107.34 FEET,A RADIUS OF 491.67 FEET,A TANGENT OF 53.88 FEET,A DELTA OF 12 DEGREES 30'30"AND A CHORD OF 107.12 FEET THAT BEARS S03 DEGREES 22'25"E; 4)S09 DEGREES 37'40"E,217.68 FEET; 5)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 347.37 FEET,A RADIUS OF 5759.58 FEET,A TANGENT OF 173.74 FEET,A DELTA OF 3 DEGREES 27'20"AND A CHORD OF 347.31 FEET THAT BEARS S07 DEGREES 54'00"E; 6)S06 DEGREES 10'20"E,449.21 FEET TO A POINT ON THE 1-4 LINE OF SAID TRACT 73;THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID 1-4 LINE S00 DEGREES 04'03"E, 1185.38 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF LADYBELLE VIEW SUBDIVISION (AMENDMENT NO. 1)AS DESCRIBED ON THE PLAT RECORDED JUNE 27, 1988 IN BOOK 486 AT PAGE 312 AT THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE, EAGLE,COLORADO;THENCE DEPARTING SAID 1-4 LINE N89 DEGREES 57'53"W, 2813.65 FEET ALONG SAID NORTHERLY LINE TO A POINT ON THE 2- 3 LINE OF SAID TRACT 72 ALSO BEING THE NORTHWEST CORNER OF SAID SUBDIVISION AND BEING A 1 1/4" RED PLASTIC CAP MONUMENT ON#5 REBAR, PLS#19598, FOUND IN PLACE;THENCE ALONG SAID 2- 3 LINE N00 DEGREES 31'26"E, 1409.12 FEET TO A POINT FROM WHICH SAID CORNER NO. 2 OF TRACT 72 ALSO BEING SAID CORNER NO. 3 OF TRACT 68 AND THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED OCTOBER 2, 1990 IN BOOK 539 AT PAGE 285 AT SAID CLERK AND RECORDER'S OFFICE BEARS N00 DEGREES 31'26"E, 1207.85 FEET;THENCE DEPARTING SAID 2-3 LINE AND ALONG THE SOUTHERLY LINE OF SAID PARCEL N87 DEGREES 52'44"E, 1079.94 FEET;THENCE ALONG THE EASTERLY LINE OF SAID PARCEL THE FOLLOWING TWENTY-THREE(23)COURSES: 1) N10 DEGREES 43'06"E, 181.90 FEET; 2) N08 DEGREES 26'04"E, 123.59 FEET; 3) N06 DEGREES 11'16"E,83.07 FEET; 4) N04 DEGREES 47'55"W,65.56 FEET; 5) N21 DEGREES 40'43"W,57.25 FEET; 6) N19 DEGREES 29'21"W,84.99 FEET; 7) N17 DEGREES 40'16"W, 106.50 FEET; 8) N11 DEGREES 39'56"W,71.67 FEET; 9) N46 DEGREES 59'33"E, 58.02 FEET; 10) N58 DEGREES 34'52"E,53.93 FEET; 11) N81 DEGREES 35'30"E,51.34 FEET; 12)S72 DEGREES 27'32"E,46.45 FEET; 13)S61 DEGREES 27'34"E, 122.02 FEET; 14)S68 DEGREES 36'16"E, 111.63 FEET; 15)S77 DEGREES 41'55"E,52.03 FEET; 16)S86 DEGREES 37'40"E; 124.60 FEET; 17)S71 DEGREES 24'00"E,72.14 FEET; 18)S76 DEGREES 37'01"E,51.27 FEET; 19) N69 DEGREES 04'44"E,42.22 FEET; 20) N11 DEGREES 48'38"E,39.85 FEET; 21) N18 DEGREES 13'35"W,95.23 FEET; 22) N12 DEGREES 04' 19"W,377.96 FEET; 23)ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A LENGTH OF 74.73 FEET,A RADIUS OF 144.63 FEET,A TANGENT OF 38.22 FEET,A DELTA OF 29 DEGREES 36'21"AND A CHORD OF 73.90 FEET THAT BEARS N59 DEGREES 03'45"W TO A POINT ON THE 1-2 LINE OF SAID TRACT 73 ALSO BEING THE 5-6 LINE OF SAID TRACT 67 AND THE NORTHEAST CORNER OF SAID PARCEL;THENCE ALONG SAID 5-6 LINE AND THE NORTHERLY LINE OF SAID PARCEL N89 DEGREES 49'34"W,301.08 FEET TO w:\...\tcft\hardscrabble\ranch lease 3 10 7/11/17 Ranch Lease—Hardscrabble Ranch TCF—Eagle County Page 11 CORNER NO. 5 OF SAID TRACT 67, BEING A 2 1/2" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 67 N00 DEGREES 02' 10"W, 1382.72 FEET TO CORNER NO.4 OF SAID TRACT 67, BEING A 2 1/2"ALUMINUM CAP ON#6 REBAR, PE/PLS#23089,SET IN PLACE;THENCE ALONG THE 3-4 LINE OF SAID TRACT 67 S88 DEGREES 08'29"W, 1290.58 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE,STATE OF COLORADO. w:\...\tcfl\hardscrabble\ranch lease 3 1 1 7/11/17 Ranch Lease—Hardscrabble Ranch TCF—Eagle County Page 12 EXHIBIT A-1 Water Rights w:\...\tcfl\hardscrabble\ranch lease 3 12 7/11/17 - v'1 v1 h z. vn 'o -- 4 h vt O 1r1 v'1 '� CO o C1, 00 00 00 00 00 00 7 ' rn 00 00 '0 00 00 � N a) v a ¢ ¢ aaa ¢ • a • a U U U U U U U U U U U U CJ U U 4 ;co C ct O b.0 U 0 O N - M O .0 oO O oe'n o O O 0O O ,Y O _ s O n 0 O N O O oO = CL) cd S S n r 2 8 N ^ p cn E7 N N N V1 •-• v1 00 0 0 vl Cr) N co V'1 Z v1 00 N N Cr) N 00 0, N N M N N 0 0) S 'b O .b 40o ,O .O N ,O N 0 N n. V0 N N ,O OO 0.) a) d .. .. .. .. 'C .. .. .. .. 0 O z m C b -v1 Cr) V in 7 N � "n m v' vt 0 . • u Q e" - 0 +— cm -C io U 03 a) CI 0 Q 30 c• a :-� 4-• 0 p (-1 , M M M M .O .O -1 M - M M O\ 7 0 En. 00 U 'C .--1 0 N • ,EP _ _ 00 q y Co . Q 0000 F FF §FFi -, C o°OOOS, aS. F 0.) a ).. 3z cn~ o oo � � tu A 0 _ O - O - O - O rn o ° r0 I v1 U y Q M M N M " M M M -. N M M W ('„' �r a * O O Q w 0 N•,,.. C O N .0 Cr) M 7 O, M N N V:, N 'O y U c O c to w 'O '� Q N ° O C 00 00 0 .D C OHO 0`^0 O .-. 00 C co oo 00 00 00 00 00 �+ o0 00 00 0o C o0 00 ›O .0 0 0 y � .� ' Om o y co T. is 1 1 1 1 1 1 1 1 I 1 ■ Cd • a... - o = Z �o OPki• wv 1 0 0 °' `� U � i--I O V io p p a) a) _ 'U 21g v: w wwwww w w w w w w w w h •O. O a' a) W �1 O . v`DC ° 48888 S SMNN7, N0mN a `� o a, 0 � .N I A (:). g oo N O, O O '6 M wl 0O al C; V. 0. +-' h >. Q •• O .-- O N • .-- N O -• O tV bq O ^0 v) c N 0 c S co C " a) N E . 0 v F. U o o 0 .� w u. v. h vi vi WJ.qd.", N co O �+ 4. Y. W W 4:. W 4. W vi W N �• u `�"+ `C u u u u `�"i `C u u u I"u u u " 4"' b.0 "3 x O -'' , .0, .o O o 0000 © o � r 'w c 'y 0) O p V1 O 7 0 0 0 0 O O M N Vi N r fo N O N E. = = 00 N 0; O A O `o e•; 1n 004., 0� v y a ai w '5 0 v .-i — 0; ,4 O N .-, 7 .r ..i N 6 ,, O N 70 W U O O +' o C O .0 4::, ELI 0 C w w w w w w w w w w w w w w w w co 4., C 4 • + p •o C I, U U U 0 C.) C.) o C.) C.) o C) 0 0 U = .O 4y,1 0 0 , a' C u pp N ° O O S S 'C oS O N l+' O O, NN NI A O) O - = M N © O N N -• N N v1 O 7 M Q CA O (Ni N U Q : N C I' _0 B. O 'O O O w n y A - v1 y y O p 4 "U r2 u cu v F a) HUN N O O y OO n. y -t-.. -0 c..% .% bA v 0. O O u oa`i - O -O 'O C -c -Co " c9'2 2 co C \O 'O M M OOOO N M OMO M N N M 00 YM-. Y 0y 0>s 0 4�1 '> 0 4) 4� x 66 6 6 6 6 6 0 C G C C G G G O O co -j C 3 .p N 'O O �! 1 C7 zz ZzZzz z. ZZzZZZZ O .. as r O 0O >, yooO �a � � � � � � � CN � � �� 0 " 3 ^ y 344. 4'.. o CI $∎1C./ 4. a o 0 0 0 0 0 0 0' 0 0 0 0 0 0 0 7 O O = .� m 4. .U O O i.., c O O w .0 .0 .0 .0 .0 .0 .0 .0 C .� .0 .0 .0 .0 .0 .0 4 W bq 0y O > o o O \ coo 0 0 E.. a. a. a. a. a. a. a. a.Z a. a. a1 a. a. a. a 4• y ° . 0 vn 3 Y -t o col cn ..∎ C l co 1/40 3 co M M( . C y y A y .d ciC O O . -cN ,2O4rS '(jvirvv 1"i •y A .�. A L L' L p.1 A 0 O b0 Imo. s. ) N U V] .� Q. O '� ' . u. ,.. d m 0 3 'u.. • o O .� C7 C7 cb .+0, Q :LS 'C V •� "�_, •� •; t d U` �' cO a a�i o ° ° -0 �0 n = — , CC i 6y m > = r = = u > N ,4 t1. .L .� ..0 O 000 u o "R 0 000o—y 0 •' E-1 0.,3 E-■ E-1 = ►7 � N, _ �N ^•cn CO �A v, w a xa xa .7 3 — CO.0 er „ CO „ a ._ ' '; ,--'c' o 11: zr 72, A 0 a li 1 U I d d r "b d A A o ■ o U Q tn l'h 1 a„ i14, V i r °a W �,.. M O O a.1.A tli el eoi tu y U A _ " O U V Y — 0 o da E- .r., N A 1■ - 5, o t Z csa a ,, 0. - s 00, Ranch Lease—Hardscrabble Ranch TCF—Eagle County Page 13 EXHIBIT B FORM OF RANCH SUB-LEASE w:\...\tct\\hardscrabble\ranch lease 3 13 7/11/17 RANCH SUBLEASE (Eagle County/Bowdrie Maurello-Hardscrabble Ranch,Eagle County, CO) This Ranch Sublease("Agreement")is entered into as of 2017 by and between Eagle County,Colorado,a body corporate and politic,by and through its Board of County Commissioners,hereinafter"Landlord"or"County"and Bowdrie Richard Jack Maurello,hereinafter "Tenant"or"Manager". Landlord and Tenant shall each individually be referred to as a"Party"and shall jointly be referred to as the"Parties". RECITALS WHEREAS,The Conservation Fund("TCF"),a Maryland nonprofit corporation is the owner of certain real property,lying and situated in Eagle County,Colorado,known as the Hardscrabble Ranch property that is more fully described in Exhibit A which is attached hereto and incorporated herein by reference(the"Property").The Property includes the House and Ranch Headquarters each defined below;and WHEREAS,TCF intends to preserve the Property by encumbering the Property with a conservation easement to be held by the Eagle Valley Land Trust(hereinafter the"Conservation Easement");and WHEREAS,after the Conservation Easement is recorded against the Property,TCF intends to convey the Property to County and the County intends to acquire fee title to the Property from TCF;and WHEREAS, it is anticipated that the County will acquire fee title to the Property on or before December 31,2017;and WHEREAS,TCF is a non-local entity and wishes there to be a continuing presence on the Property during its ownership of the same; and WHEREAS,TCF has therefore entered into a Ranch Lease with County through which the County leases the Property and all improvements and appurtenances thereon from The Conservation Fund; and WHEREAS,County desires assistance with the management and operation of the Property as a working ranch including irrigating the Property,grazing livestock,and production and removal of crops from the Property,all upon the terms and conditions contained herein; and WHEREAS,Tenant is familiar with the Property and desires to enter into this Agreement so that Tenant can reside on and operate and manage the Property in accordance with the terms of this Agreement; and WHEREAS,TCF has consented to this Ranch Sublease. Exhibit B AGREEMENT NOW,THEREFORE,for and in consideration of the mutual covenants and promises contained. herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties hereby agree as follows: 1. Demise. During the period that the Property is owned by TCF,County hereby subleases to Tenant and Tenant hereby subleases from County,the Property together with any appurtenances and improvements thereon. If not earlier terminated as provided herein,upon conveyance of fee title to the Property from TCF to County,County shall continue to lease the Property and any appurtenances and improvements thereon to Tenant,in accordance with the terms and conditions set forth herein and this sublease shall then be considered a lease(rather than a sublease)between the Parties.The Parties agree that as recreational amenities are added to the Property by County, the same shall be excepted from the definition of Property by an amendment to this Agreement as set forth in paragraph 12. 2. Term.The term of this Agreement is twenty-nine(29)months, such term beginning on August 1, 2017 and ending at 12:00 a.m.midnight on December 31,2019 unless terminated earlier as set forth herein("Term"). 3. Rent.The rent("Rent")for the Term hereof is Thirty-Six Thousand Two Hundred-Fifty Dollars ($36,250).For the period from August 1,2017 through December 31,2017,Rent is payable in equal monthly installments of One Thousand Two Hundred Fifty Dollars($1,250)on or before the first day of each month.For the period of January 1,2018 through December 31,2018 Rent in the amount of fifteen thousand dollars($15,000)is due and payable for the year on or before December 31,2017. For the period of January 1,2019 through December 31,2019 Rent in the amount of fifteen thousand dollars($15,000)is due and payable for the year on or before December 31,2018. Rent shall be made payable to Eagle County and shall be delivered in person to the Eagle County Open Space Director's Office located at 500 Broadway,Eagle,CO 81631 or mailed via United States Postal Service to Eagle County Open Space Program,P.O. Box 179, Eagle,CO 81631. Tenant shall not be entitled to withhold or offset the amount of Rent due hereunder.In addition to the Rent,which is payable as set forth above,Tenant shall be responsible for operating and managing the Property as set forth herein. 4. Late Charge and Penalty. In the event any payment of Rent is not made within five(5)days after the date any payment is due,Tenant shall pay Landlord a late charge in the amount of One Hundred Dollars($100.00),as an additional payment. The Tenant also agrees to pay the Landlord an additional charge of Fifty Dollars($50.00)for each returned check and if any check is returned Landlord has the right to require that all payments be made by money order,cashier's check and/or certified check. No acceptance by Landlord of a partial payment of Rent shall prohibit Landlord from pursuing Landlord's remedies under Paragraph 23. 2 5. Security Deposit. Upon execution of this Agreement,Tenant will deposit with Landlord and Landlord will hold the deposit during the Term,the sum of Two Thousand Dollars($2,000) (the "Deposit"). The Deposit shall be retained by Landlord as security for the payment by Tenant of the Rent and for the timely performance by Tenant of Tenant's covenants and obligations under this Agreement. If at any time Tenant defaults in the payment of Rent or any other obligations under this Agreement,Landlord shall have the right to use the Deposit in payment of any Rent then due or payment of any damages suffered by Landlord as a result of Tenant's default. Without limiting the foregoing,Landlord shall have the right to use the Deposit in payment for any cleaning and repair of the House(defined below)if the House is not left in the condition required by paragraph 24.However,in no event shall Landlord's use of the Deposit release Tenant from any liability for the difference between the actual damage or loss of Rent sustained by Landlord and the amount of the Deposit retained by Landlord.At no time shall Tenant be entitled to use the Deposit in lieu of the payment of Rent. In the event that prior to Tenant's surrender of the Property Landlord applies any portion of the Deposit as permitted by this paragraph,Tenant shall replace the amount of the Deposit so applied upon written demand by Landlord. Unless otherwise required by applicable law,Landlord shall refund any unused portion of the Deposit to Tenant,without interest,together with a written accounting of any portion retained no later than sixty(60)days after Tenant's surrender of the Property. Landlord shall mail the written statement and any refund of the Deposit to Tenant at Tenant's last known address. 6. Use of the Property. a. Tenant shall use and occupy the Property exclusively for agricultural operations consistent with recent uses and other uses approved by Landlord as being consistent with ranching operations and preservation of the open space and recreational values of the Property as identified in the Conservation Easement. b. The"Ranch Headquarters"is an approximately eighteen(18)acre area located on the Property and includes the House,barn,corral,areas for hay storage and the like.The Ranch Headquarters is depicted on Exhibit B which is attached hereto and incorporated by reference. The Ranch Headquarters shall be used to support the agricultural operations identified in paragraph 6.a. above. c. Tenant shall use the single-family house located at 4381 Brush Creek Road,Eagle, Colorado(the"House") solely for residential purposes during the Term of this Agreement unless earlier terminated as set forth herein. The House is located on the Property and within the Ranch Headquarters. 7. House. The Parties agree as follows with respect to the House: a. The House shall be used and occupied by Tenant and Tenant's immediate family currently consisting of Tenant and Tenant's daughter,exclusively as a private single- family dwelling.No part of the House shall be used at any time during the Term of this 3 Agreement to carrying on any business,profession,or trade of any kind,or for any purpose other than as a private single-family dwelling. b. Tenant shall not allow any other person,other than Tenant's immediate family or transient relatives and friends who are guests of Tenant,to use or occupy the Premises for a period of more than fourteen(14)consecutive days without first obtaining Landlord's consent to such use. c. Tenant shall keep the House in habitable condition and shall not make any alterations or additions to the House without Landlord's prior written approval,which approval may be withheld in Landlord's sole discretion. d. Tenant shall be entitled to have up to but no more than three(3)dogs on the Property. e. Tenant shall keep the House in good,clean and sanitary condition and appearance,free from dirt,filth,waste,or any dangerous materials or objectionable odors. f. Tenant shall not change or alter the locks for the House without Landlord's prior written approval and upon signing this Agreement shall provide Landlord with a set of keys to the House. g. Tenant shall not commit,permit or suffer any objectionable or disorderly conduct,noise or nuisance whatsoever in the House or on the Property. h. Tenant represents and warrants that Tenant has examined the House and that at the time of entering into this Agreement,the same is in good order,repair,and in a safe,clean and tenantable condition. 8. Utilities Associated with the House and Property.The Tenant shall place and maintain all separately metered or billed utilities in the Tenant's name effective on or prior to the commencement of the Agreement, and shall timely pay all such utility bills during the Term of this Agreement,as bills become due. The costs of the utilities shall not offset any Rent payable hereunder.Utilities include without limitation,electricity,fuel,oil,gas,telephone,trash collection,snow plowing,lawn mowing,water,sewer and septic service,cable or satellite television,internet connection fees and any other such services associated with the Tenant's use and management of the Property and House.Tenant acknowledges that Landlord is not responsible for interruptions in service provided by any utility serving the Property. Tenant shall also be responsible for having utilities to the old care taker residence known as"House 1"and the adjacent structure known as"House 2"shut off. House 1 and House 2 are located on the Property and are depicted on Exhibit I. 9. Repair and Maintenance of the House and Buildings. Landlord shall maintain and repair all components of the House and other buildings located on the Property,including exterior walls, floors,ceilings,wiring,plumbing,interior walls,fixtures and windows,and appliances,except to 4 the extent any of the foregoing are damaged by Tenant,in which event Tenant shall have the obligation to promptly repair such damage as set forth in paragraph 14. Upon termination of this Agreement,Tenant shall deliver the House and buildings located on the Property to Landlord in the condition required by paragraph 24. a. Tenant is responsible for routine maintenance such as lawn mowing,pruning shrubbery and tree trimming in the Ranch Headquarters. b. Tenant shall not deliberately or negligently destroy,deface,damage,impair or remove any part of the House or other buildings located on the Property,nor permit any person to do so.The Tenant shall pay for any repairs or replacements made necessary due to deliberate or negligent acts of the Tenant,Tenant's family,guests,invitees,employees or pets as set forth in paragraph 14. c. Tenant shall maintain the House and other buildings located on the Property in a clean and sanitary condition and disposing of all trash, garbage and waste in appropriate and required receptacles. d. Tenant shall use and operate all appliances,equipment and systems in a safe and reasonable manner and so as not to overload any system. In the event the plumbing at the House is frozen or obstructed due to the negligence of the Tenant,Tenant's family,guests or invitees,the Tenant shall immediately repair the frozen pipes or clear such obstruction and shall pay all costs associated with repair of frozen pipes or clearing of such obstruction and any additional costs associated with repair(i.e.,drywall,carpets,etc.). e. Tenant shall furnish and replace all light bulbs, fuses and filters as needed and will change furnace filters at least once every six(6)months. f. Tenant shall be responsible for clearing stoppage of all drains and toilets;and maintenance of all carpeting and flooring in a clean and good condition; and replacement and payment for glass and screen breakage. g. Tenant shall be responsible for removing ice and snow from all walks,steps and drives; maintaining exterior gutters,drains and grounds free of leaves and other debris within the Ranch Headquarters. h. Tenant shall be responsible for reporting to Landlord any defect,damage,or breakage. Failure to report shall make the Tenant liable for the repair of any additional damage. This provision does not obligate the Landlord to repair or correct such defects,breakage, malfunction or damage. i. Tenant shall be responsible for control and elimination of household pests including roaches and rodents from the House. 5 j. Tenant shall not remodel,make any structural change,alteration,addition,or decoration, including painting to the House or any building or new improvement on the Property without Landlord's prior written consent.Any and all alterations,changes,and/or improvements built,constructed or placed on the Property by Tenant shall,unless otherwise provided by written agreement between Landlord and Tenant,be and become the property of Landlord and remain on the Property at the expiration or earlier termination of this Agreement. k. Tenant shall not install,attach,remove or exchange appliances or equipment such as air conditioning,heating,refrigeration,TV antennas,wood burning stoves,fireplace inserts or kerosene heaters without the Landlord's prior written consent. 1. Tenant shall not change or alter the locks for any building located on the Property without Landlord's prior written approval and upon signing this Agreement shall provide Landlord with a set of keys to any building. m. Tenant acknowledges that Landlord may arrange for the removal of the House 1 and/or House 2 from the Property as well as the stalls and corrals known as"shanty town". The area known as shanty town is also depicted on Exhibit I.Tenant will cooperate with Landlord and shall remove any personal property,including that of any authorized sublessee to allow for the removal of the structures. 10. Personal Property. Tenant acknowledges that the House is unfurnished and Tenant shall be responsible for furnishing the same. Tenant acknowledges and agrees that Landlord shall not be liable for any damage or loss suffered to the personal property of Tenant,Tenant's family,guests or invitees located on the Property or Tenant's interest in the Property which may arise by theft or any fire,explosion,leakage of water into the House or any building located on the Property, or from any other casualty,act of vandalism,act of God or other similar event. In all respects, Tenant,Tenant's family,guests and invitees assume all risk of damage to their personal property or other property interests of Tenant.Tenant shall maintain renter's insurance at its sole cost and expense. 11. Management of the Property. County is entering into this Agreement in reliance upon the expertise of Tenant as a ranch manager.Tenant shall manage the Property in accordance with the following at his sole cost and expense,unless otherwise set forth herein: a. Conservation Easement. Tenant acknowledges that TCF intends to encumber the Property with a Conservation Easement to be held by the Eagle Valley Land Trust. Tenant will be provided with a copy of the Conservation Easement at the time the Conservation Easement is executed by TCF and Eagle Valley Land Trust and the Conservation Easement shall be attached hereto as Exhibit C. It is a condition and requirement of this Agreement that Tenant comply with the terms of the Conservation Easement and manage the Property in accordance therewith at all times during the Term hereof. 6 b. Agricultural Use.Tenant shall manage and operate the Property for agricultural purposes as set forth in paragraph 6.a.Agricultural production shall continue during the entire Term of the Agreement consistent with accepted best agricultural practices and the Annual Operating Plan(defined below). c. Annual Operating Plan.An Annual Operating Plan will be prepared by the Landlord with input from the Tenant(the"Annual Operating Plan"or"Plan"). The Plan will establish specific timelines,protocols, and procedures for effective operation of the Property. Tenant must comply with the requirements and recommendations set forth in the Plan,as amended from time to time. The Plan will be evaluated annually during a scheduled onsite meeting between Tenant and Landlord,at which time changes to the Plan may be discussed. Notwithstanding the foregoing,nothing herein shall preclude the Parties from meeting and amending the Plan more frequently.Any amendments to the Plan shall be set forth in writing by Landlord and will be signed by each Party,and the same shall become a part of this Agreement. Tenant understands and agrees that failure to abide by the terms of the Plan may be grounds for termination of the Agreement in the Landlord's sole discretion. The Annual Operating Plan for the period from August 1, 2017 through August 1,2018 is attached hereto and incorporated herein as Exhibit D and the same is acceptable to each Party.The Parties shall meet prior to August 1,2018 to identify and discuss any amendments to the Annual Operating Plan and more frequently if desired. d. Weed Control. Tenant shall maintain the Property in a manner that controls the spread of noxious weeds as defined in the Colorado Noxious Weed Act and in accordance with the Eagle County Weed Management Plan. Control methods may include herbicide applications,mechanical control, and biological controls all of which must be approved in advance by Landlord. If the application of herbicides is desired by Tenant and approved by Landlord,Landlord will pay for the herbicides and Tenant will apply the herbicides in a manner consistent with manufacturer's specifications. Tenant shall also comply with the Water Quality Monitoring and Management Plan and Brush Creek Watershed Management Plan,as applicable when applying herbicides to the Property. Tenant shall take immediate action to control weeds in those areas identified in the Annual Operating Plan. e. Pest Control.Tenant may engage in control of pests or predators only with written approval from the Landlord. Methods for control of pests or predators may be set forth in the Annual Operating Plan. f. Fertilizers.The application of fertilizers will be based upon recommendations from the CSU-Extension and must be applied in accordance with the Water Quality Monitoring and Management Plan and Brush Creek Watershed Management Plan,as applicable. The type,amount and timing of fertilizer applications may be contained in the Annual Operating Plan. Tenant is responsible for the cost and application of fertilizers. 7 g. Livestock.The Property may be used for grazing horses and cattle in accordance with the Annual Operating Plan. Livestock shall be penned or pastured and rotated to minimize soil erosion or the destruction of pasture grasses. Landlord may require,at Landlord's cost and expense,portions of any riparian area on the Property to be fenced temporarily or permanently to restore and protect wetland habitat and fisheries all as determined by Landlord in its sole discretion. Landlord may,in its sole discretion and at its cost, require that a grazing management plan be developed for the Property by NRCS,CSU- Extension or other qualified contractor to be chosen by the Landlord. Any grazing management plan developed for the Property shall be made a part of this Agreement and Tenant is required to follow requirements and guidelines contained in that plan. i. Landlord shall not own or be responsible for any livestock maintained by Tenant or his sublessees on the Property.Tenant hereby waives and relinquishes any and all claims,suits and actions it may now have or hereafter acquire against Landlord in connection with Tenant's ownership of and grazing of livestock on the Property.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 including Landlord's installation of recreational amenities and improvements. h. Subleasing.Tenant is permitted to sublease the Property solely for the purpose of pasturing cattle and horses and only with advance written approval from the Landlord. The Landlord shall approve the form of sublease to be used by Tenant. Subleasing for purposes other than pasturing cattle and horses is not permitted and any such sublease shall be void. Proceeds generated from approved subleases may be retained by the Tenant.All subleasing and associated use of the Property shall be in accordance with this Agreement. i. Vehicle and Machinery Storage.The storage of vehicles or machinery not actively used as part of the agricultural operation of the Property is prohibited.Maintenance and storage of vehicles or agricultural machinery used as part of the agricultural operations on the Property may occur in the Ranch Headquarters. Any spill or loss of any fluid associated with vehicles or agricultural machinery must be collected and disposed of off the Property in a manner consistent with applicable law. j. Vegetation. Existing wetlands,willows and brush areas are not to be disturbed or cut except as specifically allowed in writing by the County or as incorporated in the Annual Operating Plan. Landlord may during the Term of this Agreement,fence at its own expense,certain portions of Brush Creek to protect streambanks and wetland habitat. The condition of the vegetation will be monitored by the Landlord annually. k. Emblements.Tenant shall be entitled to plant hay in accordance with the Annual Operating Plan. Other crops may be planted with prior approval of Landlord in its sole 8 discretion. So long as Tenant is not in breach of this Agreement,Tenant is entitled to sell and retain the profits of any crop produced on the Property during the Tenn hereof. If this Agreement is terminated due to a breach of this Agreement by Tenant,Tenant is entitled to retain any hay that has been cut and baled but uncut or unbaled hay shall become the property of Landlord. i. Landlord shall not be responsible for emblements produced or cultivated by Tenant on the Property.Tenant hereby waives and relinquishes any and all claims, suits and actions it may now have or hereafter acquire against Landlord in connection with Tenant's production and cultivation of emblements on the Property. 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 including Landlord's installation of recreational amenities and improvements. 1. Fences. Except as otherwise set forth herein,Tenant shall be responsible for maintaining all fences and gates in working condition during the Term of this Agreement at his sole cost and expense.Tenant shall not place locks on any gates without Landlords consent and without providing the combination or additional set of keys to Landlord.Tenant shall supply Landlord with the combination or set of keys for any existing locks. Specific management actions regarding areas or reaches of fence may be addressed and changed within the Annual Operating Plan. Tenant acknowledges and agrees that Landlord may require Tenant through the Annual Operating Plan to modify existing fencing or install new fencing to reduce wildlife entanglement risks by adjusting fences to comply with Colorado Parks&Wildlife"Wildlife Friendly Fence Standards". m. Water Rights. Landlord either owns or is entitled to use the water rights identified on Exhibit E for irrigation of the Property("Water Rights").Tenant acknowledges and agrees that use of the Water Rights and documentation thereof is critical to the Landlord. Water Rights shall be used as set forth in the Conservation Easement and in accordance with the Brush Creek Watershed Management Plan which is attached hereto and incorporated herein as Exhibit F and in accordance with the Water Quality Monitoring and Management Plan,as applicable. i. Maintenance of Ditches and Related Infrastructure. There are multiple ditches and related infrastructure affecting the Property.The ditches are used to transport and deliver water to the Property and to other properties owned by third parties. Tenant agrees to maintain the ditches,laterals,tail runs,and related infrastructure(i.e.pipes,flumes, splitter boxes,head gates and all other infrastructure associated with the use and delivery of water)located on the Property in good working condition.Tenant will coordinate with Landlord such that the Tenant will perform the work and Landlord will provide supplies and materials for ditch maintenance,subject to a budget approved and authorized by Landlord in its sole discretion. Irrigation activity may be temporarily suspended 9 if a ditch,lateral,pipeline or other irrigation delivery system becomes inoperable or is damaged. Tenant shall not alter,add to or modify the ditches or related infrastructure without Landlord's prior written consent,which consent Landlord may withhold in its sole discretion. Maintenance shall include,but not be limited to,burning(with advance notice to and permission from Landlord),cleaning,and dredging ditch courses,clearing pipelines,keeping head gates and diversion structures in good working condition.All irrigation infrastructure,equipment and improvements remain the property of the Landlord.Nothing herein shall preclude Landlord from piping,modifying or otherwise altering the ditches located on the Property. ii. Water Ouantity. If,during the Term of this Agreement,Tenant becomes aware that all or a part of the Water Rights are not being delivered to the Property,then Tenant shall make reasonable efforts to communicate with other authorized users of the affected ditch or ditches to solve the problem. Tenant will notify Landlord of any such issue and how the same was or will be resolved within a reasonable time of Tenant becoming aware of the problem. If Tenant's efforts to communicate with other authorized users of any ditch should fail to timely solve the water delivery or water quantity issues,then Tenant shall immediately alert Landlord who will work to resolve the issue. iii. Record Keeping.Tenant agrees to maintain detailed records consistent with historical practice regarding use of the Water Rights on the Property including water diversions or delivery amounts to specific areas of the Property. Landlord may require Tenant to maintain more frequent or different records if required by Landlord's water engineer or water attorney. Tenant shall deliver the records or copies thereof to Landlord or other third parties upon request.Tenant agrees to cooperate with Landlord in providing other information that may be requested by Landlord,its water engineers,or government agencies in connection with the use of the Water Rights and operation of the ditches on the Property. n. 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 disking and tilling must be approved in advance by Landlord. o. Hunting.Tenant is not permitted to guide hunters on the Property. Hunting on the Property is prohibited whether by the Tenant,his guests,invitees or the general public. Tenant will make Landlord aware of any potentially unlawful hunting activity on the Property. p. No Dumping and Hazardous Substances.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 10 and Liability Act(CERCLA),42 USC 9601.Tenant shall not dispose of trash,garbage, rubbish or refuse on the Property. q. Use of Equipment. Tenant may use the equipment identified on Exhibit G during the Term of this Agreement.Upon expiration or termination hereof the equipment shall remain on the Property and shall remain the Property of Landlord. Tenant shall be responsible,at its sole expense,for the maintenance and costs of operating the equipment during the Term. r. Other Maintenance.Tenant shall not permit any portion of the Property to be used in a manner which may endanger the person or property of Landlord. Further,during the Term of this Agreement Tenant shall be responsible for maintenance of the Property including any improvements or buildings located thereon. 12. Public Recreation Uses and Recreation Infrastructure.Tenant understands and agrees that Landlord intends to allow and develop amenities for public recreation on the Property,the location of which will be determined in Landlord's sole discretion. Such amenities may include but not be limited to paved recreation paths,unpaved trails,parking,and fishing access. Landlord and its consultants,contractors,employees and agents shall be entitled to access the Property at all reasonable times to plan for,study,identify the location or locations of possible public amenities and construct the same on the Property.The general public shall be entitled to use such amenities as determined by Landlord in its sole discretion and without interference from Tenant. In the event the Landlord intends to construct an amenity on the Property,the Landlord will provide advance written notice to Tenant.Further,when any portion of the Property becomes unavailable to Tenant in order to accommodate public recreational use,then such portion of the Property will be identified in writing and removed from this Agreement by an amendment hereto. In such event,Tenant's Rent will be reduced by five dollars($5.00)for each acre removed from the Agreement. By way of example,the Rent for the Term is$36,250. If 50 acres were to be removed from the definition of Property then the Rent would be reduced by$250(50 acres x$5= 250). $36,250-$250=$36,000 or$1241.37 per month or$14,896.44 on an annual basis. a. Tenant shall not obstruct driveways,recreation paths or private roads. b. Tenant agrees to make Landlord aware if he observes any improper use of the Property. c. Tenant will modify grazing patterns and its other use of the Property to accommodate any public amenity or public use. d. Landlord will be responsible for maintaining recreational amenities installed by it. 13. No Mortgage. Tenant shall not pledge,mortgage or cause any lien to be recorded against the Property during the Term of this Agreement. 11 14. Damage to the Property. Tenant shall be responsible for any damage to the Property,or any portion thereof,caused by the acts or omissions of Tenant or Tenant's family,occupants,agents, employees,guests,or invitees. In the event of such damage,Tenant shall immediately notify Landlord. Landlord may,at its sole option,require Tenant to repair such damage at Tenant's own cost and expense,or Landlord may repair such damage and charge the expense thereof to Tenant. Tenant's obligations under this paragraph 14 shall survive termination of this Agreement. 15. AS IS/WHERE IS. Tenant acknowledges and agrees that he has had an opportunity to fully inspect the Property and investigate the physical,environmental,and condition of the Property,as well as the financial and economic feasibility of the Property and that he is leasing the Property in its present"As Is""Where is""With all Faults"condition and without reliance on any representation or warranty,whether express or implied,arising by operation of contract,statue or otherwise from Landlord or TCF. Landlord and TCF do not make, and each specifically disclaims any warranty or representation,either express or implied,whether arising by statute, contract or otherwise,as to the habitability or condition,merchantability or fitness for a particular purpose or fitness for use of the Property or any portion thereof for agricultural purposes.Neither Landlord nor TCF shall be liable for,and Tenant hereby waives and relinquishes any and all claims, suits and actions it may now have or hereafter acquire against such parties in connection with,any consequential,special,punitive or exemplary damage Tenant may suffer or insure as a result of this Agreement or any breach or default by Landlord under this Agreement. Landlord makes no guarantee of the productivity of the Property and assumes no liability for any condition, visible or not,which may affect agricultural productivity of the Property.Tenant,by his signature below accepts the Property in its AS IS/WHERE IS condition. 16. Casualty or Condemnation. If during the Term of this Agreement the Property is materially damaged by a fire or other casualty,or any material portion or the Property shall be subjected to a bona fide threat of condemnation,either Party may terminate this Agreement by giving the other Party at least thirty(30)days' prior written notice thereof,in which case the relative obligations and duties of the Parties shall be apportioned to the date of termination. Landlord shall have the sole right and authority to make any settlements for any insurance proceeds for any casualty or for any condemnation action or any condemnation proceeds or awards that may arise therefrom, and in no event will Tenant have any claim or interest in any such insurance or condemnation proceeds or awards. 17. Taxes. County is tax exempt. Tenant shall be responsible for all taxes attributable to this Agreement and agricultural or other production and sales based activities conducted by Tenant on the Property. 18. Right of Entry. Landlord reserves the right for itself,its agents,consultants,contractors and employees to enter the Property for any reasonable purpose at any reasonable time including Landlord's right to identify,locate and install recreational amenities and to make such other improvements as the Landlord shall deem necessary.Eagle Valley Land Trust,its employees and consultants are authorized to enter the Property for the purpose of monitoring,enforcement and as otherwise authorized by the Conservation Easement. Except in exigent or emergency 12 circumstances,Landlord shall give at least 24 hours' notice before inspecting the House,but no formal notice is required for Landlord to inspect or perform work on any other portion of the Property. 19. Existing and Future Easements. Tenant shall not interfere with the use of any existing easements or encumbrances or any future easements,including the Conservation Easement,on, across,under or over the Property that may be granted or determined necessary,as determined by Landlord in its sole discretion. 20. Compliance with Laws and Governmental or other Legal Requirements.Tenant shall,at his sole cost and expense,comply with all federal,state and local laws,statutes,rules,regulations, ordinances and other legal requirements applicable to Tenant or the Property and Tenant's use and occupancy and operations thereof and thereon,and Tenant shall at his sole cost and expense comply with all federal,state, and local authorizations needed to manage,lease,operate and maintain the Property. 21. Insurance.Tenant shall procure and maintain for the entire Term of this Agreement,insurance against claims for injury to persons or damage to property which may arise from or in connection with his occupancy,use and management of the Property.The insurance requirements herein are minimum requirements for this Agreement and do not limit the indemnity covenants contained in this Agreement. a. Types 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. Worker's Compensation insurance as required by law and employer's liability insurance covering any employees acting within the scope and course of their employment,if any. 2. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired and non-owned vehicles. 3. General Liability coverage to include premises and operations,personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. 4. Renter's Insurance with coverage sufficient to cover Tenant's personal property located in the House or on the Property. b. Other Requirements. 1. The automobile and commercial general liability coverage shall be endorsed to include The Conservation Fund,Eagle County and the Eagle Valley Land Trust,their officials,directors,officers,employees,agents and volunteers as additional insureds. 13 2. Tenant's insurance coverage shall be primary and non-contributory with respect to all other available sources.Tenant's policy shall contain a waiver of subrogation against Eagle County,and The Conservation Fund, their officials,directors,officers,agents, employees and volunteers. 3.All policies must contain an endorsement affording an unqualified thirty(30)days' notice of cancellation to County in the event of cancellation of coverage. If the insurance company is not able to provide such an endorsement then Tenant shall supply such notice to Landlord. 4. Tenant's certificate(s)of insurance evidencing all required coverage is attached hereto as Exhibit H. Upon request,Tenant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five(5)business days of a written request from County,and hereby authorizes Tenant's broker,without further notice or authorization by Tenant,to immediately comply with any written request of County for a complete copy of the policy. 5. If Tenant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County,County shall be entitled to immediately terminate this Agreement. 6.The insurance provisions of this Agreement shall survive expiration or termination hereof. 7. The Parties hereto understand and agree that the County is relying on,and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to County,its affiliated entities, successors or assigns,its elected officials,employees,agents and volunteers. 22. Indemnification.Tenant shall indemnify and hold harmless County,The Conservation Fund,Eagle Valley Land Trust,and any of their associated and/or affiliated entities,successors,assigns,elected officials, officers,directors,employees,agents,volunteers,hereinafter collectively referred to as the "Indemnified Parties",from all losses,claims,damages or liabilities,that arise out of,directly or indirectly,this Agreement,or are based upon any performance or nonperformance by Tenant hereunder; and Tenant shall reimburse the Indemnified Parties for reasonable attorney fees and costs,legal and other expenses incurred by the Indemnified Parties in connection with investigating or defending any such loss, claim,damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of Tenant.This paragraph shall survive expiration or termination hereof. 23. Landlord's Remedies and Termination.Time shall be of the essence for the performance, observance and discharge of Tenant's obligations and duties hereunder. In the event Tenant shall fail to pay any Rent or other sums owing to Landlord under this Agreement when due and payable,or shall commit any breach or default of Tenant's other obligations and duties under this Agreement,Landlord shall immediately have the right,at Landlord's election and at any time thereafter,to exercise any one or more of the following remedies: 14 a. Landlord may terminate this Agreement, effective at such time as may be specified by written notice to Tenant, and demand (and if such demand is refused, recover in accordance with applicable laws) possession of the Property from Tenant. In connection with any such recovery of possession, Landlord may repossess the Property and expel Tenant and any party claiming by, through or under Tenant, and remove the effects of both, using such force as may be necessary, without being liable for prosecution on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or other payment obligations or right to bring any proceeding for breach of covenants or conditions. Tenant shall be and remain liable to Landlord for all amounts owing as of the date of such termination, plus damages in an amount equal to the Rent and other sums owing from Tenant for what would have been the balance of the Term but for the termination, less any proceeds of any reletting of the Property by the Landlord following such termination or dispossession (after deducting from such proceeds all of Landlord's expenses of repossession and reletting). Upon such termination, all past due amounts shall be immediately due and payable to Landlord, and Landlord shall be entitled to collect and receive from Tenant the damages set forth above. Landlord shall in no way be responsible or liable for any failure to relet the Property, or any part thereof, or for any failure to collect any rent due upon such reletting. • b. The remedies set forth herein shall be in addition to, and nonexclusive of, all other rights and remedies that may be afforded to Landlord at law or equity for any breach or default by Tenant under this Agreement, including, without limitation, any rights to recover other damages in addition to those prescribed above,plus any rights to specific performance or other equitable relief. In connection with any exercise of Landlord's remedies,upon demand, Tenant shall reimburse Landlord for all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith,which reimbursements shall constitute part of Rent hereunder. Landlord's exercise of any such remedy, whether expressly provided for in this Agreement or by operation of law, shall not prevent the concurrent or subsequent exercise of any other of such remedies. No notice to Tenant from or on behalf of Landlord under any forcible entry and detainer statute shall constitute a notice of termination of this Agreement unless such notice expressly states that Landlord is exercising its right to terminate this Agreement. 23.1 Termination a. During TCF Ownership of the Property. In the event TCF elects to terminate its Ranch Lease with County,then County shall provide written notice to Tenant specifying the date upon which this Agreement is terminated,which shall be not less than thirty(30)days from the date of the written notice,and Tenant shall vacate the Property and shall ensure that any subleases Tenant has entered into are promptly terminated.Tenant and any of his sublessees shall vacate the 15 Property,remove all personal property and leave the Property in the condition identified in paragraph 24 by the date specified in such written notice from County. b. Termination for Convenience. Landlord may, for its convenience and without cause, terminate this Agreement upon advance written notice to Tenant specifying the date upon which this Agreement is terminated,which shall be not less than ninety(90)days from the date of the written notice,and Tenant shall vacate the Property and shall ensure that any subleases Tenant has entered into are promptly terminated.Tenant and any of his sublessees shall vacate the Property,remove all personal property and leave the Property in the condition identified in paragraph 24 by the date specified in such written notice. 24. Surrender and Holding Over. Upon termination of this Agreement, Tenant shall surrender the Property in good condition and repair, normal wear and tear excepted, and otherwise in accordance with all requirements and provisions under this Agreement. In no event shall Tenant have any right to hold over following expiration or earlier termination of this Agreement. If Tenant fails to vacate the Property upon the expiration or earlier termination of this Agreement, Tenant shall be deemed to be a tenant at sufferance at a per diem rental rate of equal to twice the Rent as calculated on a per diem basis and, in addition and without limiting any of Landlord's other remedies hereunder, shall be obligated to Landlord for all liabilities, costs and damages incurred by Landlord as a result of such failure of surrender, including, but not limited to, liabilities to third parties entitled to occupy the Property upon such expiration or earlier termination. 25. Smoke Detectors and Carbon Monoxide Alarms. The House has a fuel-fired heater or appliance, a fireplace, or an attached garage and one or more rooms lawfully used for sleeping purposes (bedroom). Therefore, Landlord understands that Colorado law requires that Landlord assure the House has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each bedroom or in a location as required by the applicable building code, prior to offering the Property for lease or sale. Further, Tenant understands that Colorado law requires that no person may remove batteries from or in any way render inoperable such carbon • monoxide alarm. Tenant acknowledges that all required carbon monoxide alarms are installed in the House and are operational as of the date of the Agreement and Tenant agrees not to disarm or in any way render such alarms inoperable during the Term. Tenant further acknowledges that a smoke alarm is installed and is operational as of the date of this Agreement and Tenant agrees not to disarm or in any way render such alarm inoperable during the Term. 26. Meeting in Advance of Expiration. Unless this Agreement has been previously terminated in accordance with the terms and provisions hereof,Tenant and Landlord shall meet at least nine(9)months prior to the scheduled expiration of the Term hereof to review the status of this Agreement. 27.Assignability.Tenant may not assign this Agreement. Any attempt to do so shall be void. 28. Venue,Jurisdiction and Applicable Law.Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the courts of Eagle County,Colorado,which shall be the forum for such litigation.This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 16 29. Severability. In the event that any provision of this Agreement shall be held to be invalid or unenforceable,the remaining provisions of this Agreement shall remain valid and binding upon the Parties hereto. 30. Integration and Modification.This Agreement represents the entire Agreement between Tenant and Landlord. This Agreement supersedes all prior negotiations,representations,or contracts,either written or oral. This Agreement may be amended only as set forth herein or by written agreement signed by both the Tenant and Landlord. 31.Records.Tenant shall maintain comprehensive, complete,and accurate books,records and documents concerning its performance relating to this Agreement for a period of three(3)years after the termination of this Agreement and the Landlord shall have the right to inspect and receive copies of these books, records and documents,upon demand,in a reasonable manner and at reasonable times. Tenant shall maintain a record of the(i)types of crops planted; (ii)the location of the crops on the Property and affected acreage; (iii)production and sales information for each crop; (iv)type and number of livestock; (v)where livestock are grazed on the Property and affected acreage; (vi)approved subleases affecting the Property including type and number of livestock and where the same are grazed on the Property and affected acreage. Tenant shall further maintain the records related to Water Rights as set forth in paragraph 11. m.and its subparts. 32.Waiver.Failure of Landlord to exercise any right or remedy granted under this Agreement shall not have the effect of waiving or limiting the exercise by Landlord,of any other right or remedy or the indication of such right or remedy at any future time. 33. Notice. Any written notice required by this Agreement shall by deemed delivered through any of the following: (1)hand delivery to the person at the address below; (2)electronic,or internet,to the address below;(3)within three(3)days of being sent certified first-class mail,postage prepaid,return receipt requested addressed as follows below.Notice by e-mail or internet delivery shall be deemed given upon receipt of a confirmation by sender and notice by personal delivery shall be deemed given when received. Landlord: Open Space Director Eagle County Open Space P.O.Box 850 500 Broadway Eagle,CO 81631 Email address: toby.sprunkAeaglecounty.us Phone: 970-328-8698 With Copies To: Eagle County Attorney's Office P.O. Box 850 500 Broadway Eagle,CO 81631 Email address: Bryan.TreuAeaglecountv.us 17 Phone: 970-328-8686 Tenant: Bowdrie Richard Jack Maurello P.O. Box 2383 Gypsum,CO 81637 Email address: Bowdriemaurello@gmail.com Phone: 970-367-3173 34. Survival of Indemnity and Payment Obligations. Each obligation to indemnify and hold harmless provided for in this Agreement and to pay any amounts accruing under this Agreement prior to the date of expiration or termination of this Agreement shall survive the expiration or termination of this Agreement. 35. Recording. Neither Landlord nor Tenant shall record this Agreement.A memorandum of this Agreement may be recorded at the election of Landlord. 36. Relationship of Parties. Neither anything in this Agreement nor any acts of the Parties shall be construed or deemed by the Parties,or by any third person,to create the relationship of principal and agent,or of partnership, or of joint venture,or of any association between the Parties. 37. Third Parties. Except as otherwise expressly provided herein,this Agreement does not,and shall not be deemed or construed to,confer upon or grant to any third party or parties any right to claim damages or to bring any suit,action or other proceeding against the Parties hereto because of any breach hereof or because of any of the terms,covenants,agreements and conditions herein. Notwithstanding the foregoing,The Conservation Fund shall be an express and intended third party beneficiary of this Agreement during such time that TCF owns the Property. 38. Invalidity.If any provision of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable,the remainder of this Agreement,or the application of such provision to the persons or circumstances other than those to which it is invalid or unenforceable,shall not be affected thereby, and each such provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 39. No Construction Against Drafting Party. This Agreement shall not be subject to any rule of contract construction or interpretation requiring that in the event of ambiguity,the agreement must be construed against the drafting party,and the Parties hereto hereby waive the benefit of any such rule of contract construction or interpretation. 40. Further Assurances. Landlord and Tenant shall execute such further documents and instruments and undertake such further actions as may reasonably be necessary to effectuate the transactions contemplated in this Agreement. 41. Tabor. Notwithstanding anything to the contrary contained in this Agreement, no payment will be made for any obligation of Landlord set forth herein and for any period after December 31st of any calendar year without the written approval in accordance with a budget adopted by 18 the Eagle County Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes,the Local Government Budget Law(C.R.S. § 29- 1-101 et seq.) and the TABOR Amendment(Colorado Constitution, Article X, Sec. 20). [Signature Page to Follow] 19 IN WITNESS WHEREOF,the Landlord and Tenant have duly executed this lease on the day and year first above written. TENANT: LANDLORD: Eagle County Board of County Commissioners By: By: Bowdrie Richard Jack Maurello Jillian H.Ryan, Chair STATE OF COLORADO ) )ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me by Bowdrie Richard Jack Maurello this_ day of ,2017. My commission expires: Notary Public 20 EXHIBIT A Description of the Property Parcel 1/Salt Creek LOT 1,AND TRACTS A, B,C AND D,AND ADAM'S RIB RANCH ROAD PRIVATE ROW, FROST CREEK AND SALT CREEK PUD, FILING NO.2,SALT CREEK,ACCORDING TO THE PLAT RECORDED JULY 8,2008 AT RECEPTION NO. 200814345, COUNTY OF EAGLE, STATE OF COLORADO. THE EXISTING PAVED RECREATIONAL TRAIL AS DEPICTED ON THE PLAT RECORDED JULY 8, 2008 AT RECEPTION NO. 200814345 AND ADAM'S RIB RANCH ROAD ARE NOT PART OF THE PROPERTY AS DEFINED IN THE AGREEMENT. Parcel 2/Upper Ranch Parcel A PARCEL OF LAND LOCATED IN TRACTS 61,62,63,64,65,67 AND 69 AND LOTS 2,3 AND 4 OF SECTION 14, IN SECTIONS 2, 10, 11, 12, 13, 14 AND 15,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE,STATE OF COLORADO,WITH THE BEARINGS SHOWN HEREON, BASED ON A BEARING OF N01°01'34"W FOR THE 2-3 LINE OF SAID TRACT 69 BETWEEN CORNERS NO.2&3, BOTH BEING 2 1/2"GLO BRASS CAP MONUMENTS ON 1" IRON PIPE, FOUND IN PLACE,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT SAID CORNER NO.2 OF TRACT 69 ALSO BEING CORNER NO.5 OF SAID TRACT 63,CORNER NO.4 OF TRACT 60 IN SAID TOWNSHIP AND RANGE AND CORNER NO. 7 OF TRACT 88 IN SAID TOWNSHIP AND RANGE; THENCE ALONG THE 4-5 LINE OF SAID TRACT 63 N 00°25'57"E, 1376.14 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED AUGUST 24, 2005 AT RECEPTION NO.927202 AT THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE, EAGLE,COLORADO, FROM WHICH CORNER NO.5, BEING A 3 1/2" ALUMINUM CAP MONUMENT ON#5 REBAR IN CONCRETE, FOUND IN PLACE,OF SAID TRACT 63 BEARS N00°25'57"E,32.94 FEET; THENCE ALONG SAID PARCEL BOUNDARY THE FOLLOWING THIRTEEN (13) COURSES: 1)S 63°53'22"E,98.91 FEET; 2)S 57°28'07"E, 17.09 FEET; 3)S 43°41'12"E,311.25 FEET; 4)S 43° 18'30"E,471.12 FEET; 5)S 44°46'44"E,97.90 FEET; 6)S 47° 15'27"E,52.82 FEET; 7)S 55°20'50'E,61.81 FEET; 8)S 65°35'39"E,53.04 FEET; 9)S 69°00'09"E,48.79 FEET; 21 10)S 79°41'31"E, 89.23 FEET; 11)S 79° 11'51"E, 197.18 FEET; 12)S 79° 30'59"E, 166.80 FEET; 13)N 00°02'37"E,4743.42 FEET TO A POINT ON THE 1-2 LINE OF SAID TRACT 62;THENCE ALONG SAID 1-2 LINE S89 DEGREES 57'23"E,1461.13 FEET TO CORNER NO. 1 OF SAID TRACT 62, BEING A GLO 2 1/2" BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 1-6 LINE OF SAID TRACT 62 S00 DEGREES 12' 12"E, 2586.67 FEET TO CORNER NO. 6 OF SAID TRACT 62,CORNER NO. 1 OF SAID TRACT 63 AND CORNER NO. 2 OF SAID TRACT 64, BEING A 2 1/2"ALUMINUM CAP MONUMENT ON#6 REBAR, PE/PLS#23089, SET IN PLACE;THENCE ALONG THE 1-2 LINE OF SAID TRACT 64 N89 DEGREES 06'20"E,2795.86 FEET TO CORNER NO. 1 OF SAID TRACT 64 AND CORNER NO. 2 OF SAID TRACT 65, BEING A GLO 2 1/2" BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 1-2 LINE OF SAID TRACT 65 N89 DEGREES 46'35"E, 2641.57 FEET TO CORNER NO. 1 OF SAID TRACT 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 1-6 LINE OF SAID TRACT 65 S00 DEGREES 04'57"E, 1322.37 FEET TO CORNER NO. 6 OF SAID TRACT 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 5-6 LINE OF SAID TRACT 65 S89 DEGREES 44' 17"W, 1318.79 FEET TO CORNER NO.5 OF SAID 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 65 SO2 DEGREES 13'30"E,2691.91 FEET TO CORNER NO.4 OF SAID TRACT 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" REBAR, FOUND IN PLACE;THENCE ALONG THE 3-4 LINE OF SAID TRACT 65 ALSO BEING THE 1-2 LINE OF TRACT 66 IN SAID TOWNSHIP AND RANGE N89 DEGREES 29'57"W, 1395.64 FEET TO CORNER NO. 3 OF SAID TRACT 65,CORNER NO. 2 OF SAID TRACT 66, CORNER NO.6 OF SAID TRACT 64 AND CORNER NO. 1 OF SAID TRACT 67, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 5-6 LINE OF SAID TRACT 64 ALSO BEING THE 1-2 LINE OF SAID TRACT 67 N89 DEGREES 29' 10"W, 1396.79 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY FOR BRUSH CREEK ROAD(EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 1-2 LINE AND ALONG SAID RIGHT-OF-WAY S00 DEGREES 04'25"E, 388.84 FEET;THENCE N40 DEGREES 22'23"W, 29.89 FEET TO A POINT ON THE 2-3 LINE OF SAID TRACT 67 ALSO BEING THE 1-6 LINE OFSAID TRACT 69; THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID 1-6 LINE S00 DEGREES 04'25"E,978.80 FEET TO CORNER NO.6 OF SAID TRACT 69, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE EAST LINE OF SAID LOT 4 S00 DEGREES 09' 13"E, 311.53 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4;THENCE ALONG THE SOUTH LINE OF SAID LOTS 2,3 AND 4 N89 DEGREES 58'23"W, 3862.84 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 14, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE; THENCE ALONG THE WEST LINE OF SAID SECTION 14 N00 DEGREES 08'47"W,302.92 FEET TO A POINT ON THE 3-4 LINE OF SAID TRACT 88, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE,STAMPED CC88/15/14, FOUND IN PLACE;THENCE ALONG SAID 3-4 LINE N89 DEGREES 32' 12"E, 1056.88 FEET TO CORNER NO.4 OF SAID TRACT 88, BEING A 2 1/2"GLO BRASS CAP MONUMENT 22 ON 1' IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 88 N00 DEGREES 03'05"W, 1360.53 FEET TO CORNER NO. 5 OF SAID TRACT 88 ALSO BEING A POINT ON THE 3-4 LINE OF SAID TRACT 69, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" REBAR, FOUND IN PLACE;THENCE ALONG SAID 3-4 LINE N89 DEGREES 27'38"W, 1408.71 FEET TO CORNER NO.3 OF SAID TRACT 69 ALSO BEING CORNER NO.6 OF SAID TRACT 88, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE N01 DEGREES 01'34"W, 1261.15 FEET TO THE POINT OF BEGINNING. Parcel 3/Lower Ranch/Ridgeway Parcel A PARCEL OF LAND LOCATED IN TRACTS 67,72 AND 73, IN SECTIONS 13, 14, 23 AND 24,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE,STATE OF COLORADO,WITH THE BEARINGS SHOWN HEREON,BASED ON A BEARING OF S00 DEGREES 02'41"E FOR THE 2-3 LINE OF TRACT 68, TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BETWEEN CORNER NO. 3 OF SAID TRACT 67 ALSO BEING CORNER NO.2 OF SAID TRACT 68 AND CORNER NO. 3 OF SAID TRACT 68 ALSO BEING CORNER NO.2 OF SAID TRACT 72, BOTH BEING A 2 1/2" GLO BRASS CAP MONUMENTS ON 1" IRON PIPE, FOUND IN PLACE,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID CORNER NO.3 OF TRACT 67 FROM WHICH SAID CORNER NO.3 OF TRACT 68 BEARS S00 DEGREES 02'41"E, 1388.85 FEET;THENCE ALONG THE 2-3 LINE OF SAID TRACT 67 N00 DEGREES 09'13"W, 1316.78 FEET TO CORNER NO. 6 OF TRACT 69,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING A 2 1/2" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE CONTINUING ALONG THE 2-3 LINE OF SAID TRACT 67 ALSO BEING THE 1-6 LINE OF SAID TRACT 69 N00 DEGREES 04'25"W,948.45 FEET TO A POINT ON THE CENTERLINE OF BRUSH CREEK ROAD(EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 2-3 LINE AND ALONG SAID CENTERLINE THE FOLLOWING TWENTY(20)COURSES: 1)S40 DEGREES 19'47"E,545.75 FEET; 2)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 224.37 FEET,A RADIUS OF 607.37 FEET,A TANGENT OF 113.48 FEET,A DELTA OF 21 DEGREES 09'56"AND A CHORD OF 223.09 FEET THAT BEARS S50 DEGREES 54'45"E; 3)S61 DEGREES 29'43"E, 167.42 FEET; 4)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 229.50 FEET,A RADIUS OF 997.15 FEET,A TANGENT OF 115.26 FEET,A DELTA OF 13 DEGREES 11'13"AND A CHORD OF 228.99 FEET THAT BEARS S54 DEGREES 54'07"E; 5)S48 DEGREES 18'30"E,553.16 FEET; 6)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 80.96 FEET,A RADIUS OF 2299.07 FEET,A TANGENT OF 40.48 FEET,A DELTA OF 2 DEGREES 01'03"AND A CHORD OF 80.96 FEET THAT BEARS S47 DEGREES 17'59"E, 7)S46 DEGREES 17'27"E,555.64 FEET; 8)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 172.19 FEET,A RADIUS OF 484.96 FEET,A TANGENT OF 87.01 FEET,A DELTA OF 20 DEGREES 20'36"AND A CHORD OF 171.28 FEET THAT BEARS S36 DEGREES 07'09"E; 9)S25 DEGREES 56'51"E,60.28 FEET; 23 10)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 174.52 FEET,A RADIUS OF 1090.26 FEET,A TANGENT OF 87.45 FEET,A DELTA OF 9 DEGREES 10' 17"AND A CHORD OF 174.34 FEET THAT BEARS S21 DEGREES 21'43"E; 11)S 16 DEGREES 46'34"E,94.78 FEET; 12)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 182.18 FEET,A RADIUS OF 1297.57 FEET,A TANGENT OF 91.24 FEET,A DELTA OF 8 DEGREES 02'40"AND A CHORD OF 182.03 FEET THAT BEARS S12 DEGREES 45' 14"E; 13)S08 DEGREES 43'54"E,93.72 FEET; 14)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 103.42 FEET,A RADIUS OF 780.12 FEET,A TANGENT OF 51.78 FEET,A DELTA OF 7 DEGREES 35'44"AND A CHORD OF 103.34 FEET THAT BEARS S12 DEGREES 31'46"E; 15)S16 DEGREES 19'38"E,419.17 FEET; 16)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 219.83 FEET,A RADIUS OF 418.98 FEET,A TANGENT OF 112.51 FEET,A DELTA OF 30 DEGREES 03'41"AND A CHORD OF 217.31 FEET THAT BEARS S31 DEGREES 21'28"E; 17)S46 DEGREES 23'19"E,201.67 FEET; 18)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 218.81 FEET,A RADIUS OF 495.09 FEET,A TANGENT OF 111.22 FEET,A DELTA OF 25 DEGREES 19'23"AND A CHORD OF 217.04 FEET THAT BEARS S33 DEGREES 43'37"E; 19)S21 DEGREES 03'56"E, 149.13 FEET; 20)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 177.96 FEET,A RADIUS OF 806.14 FEET,A TANGENT OF 89.34 FEET,A DELTA OF 12 DEGREES 38'53"AND A CHORD OF 177.60 FEET THAT BEARS S14 DEGREES 44'29"E TO A POINT ON THE 5-6 LINE OF SAID TRACT 67 ALSO BEING THE 1-2 LINE OF SAID TRACT 73;THENCE ALONG SAID 5-6 LINE AND DEPARTING SAID CENTERLINE S89 DEGREES 49'34"E, 37.02 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BRUSH CREEK ROAD(EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 5-6 LINE AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING SIX (6)COURSES: 1)ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A LENGTH OF 102.95 FEET,A RADIUS OF 506.69 FEET,A TANGENT OF 51.65 FEET,A DELTA OF 11 DEGREES 38'27"AND A CHORD OF 102.77 FEET THAT BEARS SO2 DEGREES 56'23"E; 2)SO2 DEGREES 52'50"W,262.58 FEET; 3)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 107.34 FEET,A RADIUS OF 491.67 FEET,A TANGENT OF 53.88 FEET,A DELTA OF 12 DEGREES 30'30"AND A CHORD OF 107.12 FEET THAT BEARS S03 DEGREES 22'25"E; 4)S09 DEGREES 37'40"E, 217.68 FEET; 5)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 347.37 FEET,A RADIUS OF 5759.58 FEET,A TANGENT OF 173.74 FEET,A DELTA OF 3 DEGREES 27'20"AND A CHORD OF 347.31 FEET THAT BEARS S07 DEGREES 54'00"E; 6)S06 DEGREES 10'20"E,449.21 FEET TO A POINT ON THE 1-4 LINE OF SAID TRACT 73;THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID 1-4 LINE S00 DEGREES 04'03"E, 1185.38 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF LADYBELLE VIEW SUBDIVISION (AMENDMENT NO. 1)AS DESCRIBED ON THE PLAT RECORDED JUNE 27, 1988 IN BOOK 486 AT PAGE 312 AT THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE, EAGLE, COLORADO;THENCE DEPARTING SAID 1-4 LINE N89 DEGREES 57'53"W,2813.65 FEET ALONG SAID NORTHERLY LINE TO A POINT ON THE 2-3 LINE OF SAID TRACT 72 ALSO BEING THE NORTHWEST CORNER OF SAID SUBDIVISION AND BEING A 1 1/4" RED PLASTIC CAP MONUMENT ON#5 REBAR, PLS#19598, FOUND IN PLACE;THENCE ALONG SAID 2-3 LINE N00 DEGREES 31'26"E, 1409.12 FEET TO A POINT FROM WHICH SAID CORNER NO. 2 OF TRACT 72 ALSO BEING SAID CORNER NO.3 OF TRACT 68 AND THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED OCTOBER 2, 1990 IN BOOK 539 AT PAGE 285 AT SAID CLERK AND RECORDER'S OFFICE BEARS N00 DEGREES 31'26"E, 1207.85 FEET;THENCE DEPARTING SAID 2-3 LINE AND ALONG THE SOUTHERLY LINE OF SAID PARCEL N87 DEGREES 52'44"E, 1079.94 FEET;THENCE ALONG THE EASTERLY LINE OF SAID PARCEL THE 24 FOLLOWING TWENTY-THREE(23)COURSES: 1) N10 DEGREES 43'06"E, 181.90 FEET; 2) N08 DEGREES 26'04"E, 123.59 FEET; 3) N06 DEGREES 11'16"E,83.07 FEET; 4) N04 DEGREES 47'55"W,65.56 FEET; 5) N21 DEGREES 40'43"W,57.25 FEET; 6) N19 DEGREES 29'21"W,84.99 FEET; 7) N17 DEGREES 40'16"W, 106.50 FEET; 8) N11 DEGREES 39'56"W,71.67 FEET; 9) N46 DEGREES 59'33"E,58.02 FEET; 10) N58 DEGREES 34'52"E, 53.93 FEET; 11) N81 DEGREES 35'30"E,51.34 FEET; 12)S72 DEGREES 27'32"E,46.45 FEET; 13)S61 DEGREES 27'34"E, 122.02 FEET; 14)568 DEGREES 36'16"E, 111.63 FEET; 15)S77 DEGREES 41'55"E, 52.03 FEET; 16)S86 DEGREES 37'40"E; 124.60 FEET; 17)S71 DEGREES 24'00"E,72.14 FEET; 18)S76 DEGREES 37'01"E, 51.27 FEET; 19) N69 DEGREES 04'44"E,42.22 FEET; 20) N11 DEGREES 48'38"E,39.85 FEET; 21) N18 DEGREES 13'35"W,95.23 FEET; 22) N12 DEGREES 04' 19"W,377.96 FEET; 23)ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A LENGTH OF 74.73 FEET,A RADIUS OF 144.63 FEET,A TANGENT OF 38.22 FEET,A DELTA OF 29 DEGREES 36'21"AND A CHORD OF 73.90 FEET THAT BEARS N59 DEGREES 03'45"W TO A POINT ON THE 1-2 LINE OF SAID TRACT 73 ALSO BEING THE 5-6 LINE OF SAID TRACT 67 AND THE NORTHEAST CORNER OF SAID PARCEL;THENCE ALONG SAID 5-6 LINE AND THE NORTHERLY LINE OF SAID PARCEL N89 DEGREES 49'34"W, 301.08 FEET TO CORNER NO.5 OF SAID TRACT 67, BEING A 2 1/2" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 67 N00 DEGREES 02' 10"W, 1382.72 FEET TO CORNER NO.4 OF SAID TRACT 67, BEING A 2 1/2"ALUMINUM CAP ON#6 REBAR, PE/PLS#23089,SET IN PLACE;THENCE ALONG THE 3-4 LINE OF SAID TRACT 67 S88 DEGREES 08'29"W, 1290.58 FEET TO THE POINT OF BEGINNING,COUNTY OF EAGLE,STATE OF COLORADO. 25 Exhibit B Ranch Headquarters 26 Or4sh C Exhibit B reek R a Irrigation Shed Barn ch Fence Shed ~•L. House Shop Tack Shed Hardscrabble Ranch Ranch Headquarters Envelope (18 Acres) Phyiscal Address: 4381 Brush Creek Rd Open Space: Ranch Headquarters :•:•:� Existing Structure ;: _° Envelope Horse Corral EXHIBIT C CONSERVATION EASEMENT TO BE PROVIDED TO TENANT WHEN THE SAME IS AVAILABLE 27 EXHIBIT D ANNUAL OPERATING PLAN Hardscrabble Ranch July 31,2017 1. The purpose of this Plan is to establish specific management goals,expectations,and procedures for the period between August 1,2017 and August 1,2018. 2. Capitalized terms in this Annual Operating Plan will have the same meanings as in the Agreement.To the extent the terms and provisions of this Annual Operating Plan conflict with the Agreement,the Agreement will control. 3. Tenant will comply with the requirements of this Annual Operating Plan as may be amended from time to time.While it is anticipated that this Plan will be evaluated on an annual basis,nothing herein shall preclude the Parties from meeting more frequently and amending the Plan on as needed basis. 4. Tenant shall use,manage and operate the Property in accordance with the terms of the Conservation Easement. The Tenant is encouraged to ask Landlord for clarification of Conservation Easement requirements at any time. Violation of the terms of the Conservation Easement may be grounds for termination of the Agreement.Authorized sublessees are similarly required to abide by the terms of the Conservation Easement,a copy of which shall be supplied by Tenant to his sublessees. Each sublease shall include language that any violation of the Conservation Easement by a sublessee may result in termination of that sublease. The Conservation Easement and Plan must be an exhibit to all executed subleases. 5. A management plan will be developed and implemented at a later date and will address recreation and other matters affecting the Property.The management plan will provide for public recreational use of portions of the Property,including trails,trailheads,fishing access,and parking lots (See paragraph 12 of the Agreement). The management plan may establish rules and regulations for public use. Tenant may be invited to participate in the development of the management plan. 6. Livestock Grazing: The Property will be used for grazing horses and cattle.A grazing plan is not required at this time,but Tenant may only graze at stocking rates that will not exceed those of recent years. A grazing plan may be developed at a later time if the Landlord determines,in its sole discretion that a more prescriptive plan is necessary to protect the conservation values of the Property or to provide a more detailed understanding of the Property's productivity and carrying capacity.The Tenant has been made aware of the possibility of future recreational use,which may require adjustments to grazing or other agricultural activities. In such event,Landlord will provide notice to the Tenant(see paragraph 12 of the Agreement)and the Tenant will timely implement the required adjustments to accommodate the recreational use(s).Tenant shall not be entitled to an abatement of Rent in connection with any such adjustment and waives any claims or damages against Landlord related to such adjustments. If at any time the Landlord is concerned about the amount and duration of livestock grazing Landlord may require 28 Tenant to immediately remove all or some of the animals from the Property. Tenant shall comply with such a request. From time to time Tenant may move cattle from one part of the Property to another. In the event that such movement will affect any of the public trails or amenities which currently exist or which may be developed by Landlord in the future,then Tenant will provide Landlord with at least three day's advance notice so that Landlord may alert the public of the temporary closure.Tenant will make reasonable efforts to limit the number and duration of such closures. 7. Subleasing: With Landlord approval,Tenant my sublease the Property for the purpose of pasturing horses and cattle. Detailed records of all subleasing use will be kept by the Tenant,including but not limited to,the number of livestock and the duration of the grazing activity. Any use of the Property by sublessees may not degrade the condition of the vegetation or Property as determined by Landlord in its sole discretion. 8. Hay Production: The Tenant is responsible for tending,irrigating,cutting,baling, storing,and selling the crops. Tenant may not cut willows or wetland vegetation to expand hay cultivation unless approved by the Landlord in its sole discretion. 9. Fertilizer Application:The Tenant is allowed to apply fertilizers as recommended by the CSU- Extension and in accordance with the Water Quality and Management Plan and Brush Creek Watershed Management Plan,as applicable. The cost of purchasing and applying fertilizer is borne by the Tenant. 10. Weed Control: The Tenant is required to take reasonable steps to control noxious weeds on the Property. Exhibit 1 indicates areas of the Property requiring the most immediate attention. White Top (Cardaria draba), also known as"hoary cress"is the top priority for control. Applications of chemical herbicide must be approved in advance by the Landlord. The Eagle County Weed Supervisor is also available to advise Tenant concerning the available weed control measures.Application of any herbicide shall also occur in accordance with the Water Quality Monitoring and Management Plan and the Brush Creek Watershed Management Plan,as applicable. 11. Ditches:The Tenant has the responsibility of managing ditches and associated Water Rights and water-related infrastructure as outlined in the Agreement. The Tenant must keep diligent records of all water use on the Property. Tenant must promptly make Landlord aware of any problems or damage to ditches. 12. Vehicle and Machinery Storage: The storage of any vehicles or machinery not actively used in the operation of the Property is prohibited.At such time as recreational access improvements are made, the Tenant may not store equipment in such a manner as to block or impede permitted public access. When fueling vehicles,equipment and machinery on the Property,Tenant shall remain with the vehicle, equipment or machinery being fueled so as to minimize gas spilling on the Property. 13. Fencing:No significant changes to fencing are currently planned. However,the Landlord may 29 choose to fence off portions of the riparian area to livestock to restore wetland habitat and stabilize streambanks. Any other fencing changes or needs must be approved by the Landlord and shall be at Tenant's sole cost and expense.Tenant is responsible for maintaining existing fencing on the Property and Tenant will not remove any fencing without Landlord's prior approval. 14. Emblements:Tenant is entitled to plant hay on the Property but the same shall not interfere with Landlord's planned recreational amenities. Landlord will inform the Tenant of the location of any amenities(see paragraph 12 of the Agreement).Tenant shall not be entitled to an abatement of Rent in connection with Landlord's planning and development of recreational amenities and Tenant waives any claims or damages against Landlord related to the same. Other crops may be planted with prior approval of Landlord in its sole discretion. 15. Pest Control: Pest and predator control activities must be approved by the Landlord prior to commencement of the control effort. 16. Dumping: All trash must be properly removed from the Property. 17. Hunting: Hunting is not allowed on the Property. However,future"pass-through"hunting access to the adjacent BLM property may be permitted as determined by Landlord in its sole discretion. Guiding and outfitting is prohibited on the Property. Action Items for 2017 and 2018: Tenant and Landlord agree that priorities for the period between August 1,2017 and August 1,2018 shall include: 1. Aggressive effort to control noxious weeds; 2. Landlord with assistance from Tenant may coordinate,subject to budgeting and appropriation by Landlord,with owners in the ditch to replace pipe on the northwest segment of Love White Ditch; 3. Landlord and Tenant may coordinate,subject to budgeting and appropriation by Landlord to make improvements to the House heating system,foundation,and drainage; 4. Tenant may drill seed alfalfa in select hay meadows; and 5. Removal of the Shanty Town structures. 30 Insert Exhibit 1 to Plan 31 1 c .. !j EXHIBIT jt Hardscrabble Ranch Conceptual PI. ? NMI Property j Parcel Boundary -River,Stream 1_- j Town of Eagle Existing Paved Path Soft Surface Trail -––•Potential Paved Path Potential Soft Surface Trail Potential Building Envelope/Parking Area l W4,44 Ian �F++ owS Am9 k.,x�j Haymeadow PUD 51 i f . 6. ta I lL 1 w o , F = I x FWOCEIAtilaGgIal 10 Future connection'to town,,{ ..... l- vaHaymeadow PUD • t I ®` II I. Ran ` �� Care. - ' Building Env lope Ranch T^—,, d Potential Trall e--.,,. Headquarters •,c 1 LL` • Town of Eagle ,,,,,,...yyy... 703 t/� � d( r;- am. y \1 . Trail leads to Cross-Country Cordillera Territories 7 / Ski Trad Head -, Nro �w4 I / BEM Trad,polch Trail Head I1TJ' cx Cc -—G3" rD pm...vile...1U 411.1t1 Allti�''r""�11 ; EXHIBIT E WATER RIGHTS STRUCTURE/WATER RIGHT TOTAL 1 .05010901,00 Date A8lwbca0on Date Moon Prolcrn ''baler DIVERSION To1e4 Absolute Co co.,,,ir,,,l Year Montt Days Yes' Month Co y Mumbo Ccort Borah Ditch Priorty No.94 1200 ds 1.056 cis 1 000 o r - 1899 10 3 ` 1980 12 17 1452600003 CA294 Upper Rost Ditch Pear ty N.196 2.000 ds 1.000 cis 1.000 ch - 1900 12 31 1901 3 5 18927.00003 CA385 Sag Creek tthdt Poor ly No 161 0 840 cis 5 RAD cis C 840 etc - 1897 6 111 1901 3 5 16251 15512 CA385 East Frost Ditch Pea 0'No 160 1.200 ds 1.200 cis 1.200 ds 1891 5 31 1901 3 5 19251.15126 CA385 Pearly 50.131 0.900 cis 0.900 d9 0900 ets - 1691 3 1 1901 3 5 19251 11363 CA365 Love Frost Ditch RtaSy No 135 2 000 ds 2.000 ds 2.000 cis - 1883 4 30 1901 3 5 16251 12173 CA385 McKenzie Ditch R10rty No 55 3 300 ds 1.900 els 1.800 cis -. 1897 5 15 1889 12 17 13645.00303 CA294 Hollingsworth Monty No 184 2000 cfs 1.600 cfs 1800 ors - 1898 12 31 1901 3 5 1789700000 0.4385 Potter Ditch 601at9 No.185 1000 ds 1.800 cis 0.809 cis - 1899 3 30 1901 3 5 17999.06003 C8385 Hollingsworth Pttmb No.267 Karon Kai 2 oath. 4.000 ds 4.000 cis 4 000 cfs - 1908 9 1 1907 8 4 2097220697 CA446 Potter N0.2 DUO - Peorty No.382 1.000 ds 1.600 cts. 1600 cls - 1800 3 30 1921 6 29 25708.17088 CA781 Rbrty No.03 2200 911 1.334 cis 1.334 efs - 1889 7 31 1869 12 17 14457.00000 CA294 P,icrty to 134 2600 ds 1.577 efa 1.577 c"s - 1883 2 1 1901 3 5 16251.12085 CA385 Love&VOt99 Wets Burly 110.176 5.700 ds 2.891 ds 2,051 cis - 1697 6 10 1901 3 . 5 17328.00000 CA385 F651b No.298 0200 ds 0121 ds 0.121 ets - 1911 7 29 1911 11 13 2248960000 CA566 ' Kurt)No 132 4.800 ds 1.992 cis 1982 cis - 1652 4 30 1901 3 5 16251.11808 CA385 Ragrinson Ditch - Fria-ty 110 187 1.000 Cl, 0.413 cis 0 413 4h - 1899 4 30 1901 3 5 18017.00000 CA365_ - Total 39740 ds 25.974 cis 25174 cfs - 32 EXHIBIT F BRUSH CREEK WATERSHED MANAGEMENT PLAN 33 ). RUSH CREEK WATERSHED MANAGEMENT PLAN •4 l • 4 +. ..fi��r ,' �< Y Jet ( ° I. .ik r '; P ' + [ t r .fwtx . t°..4`��,�.*°vy CSC Y fit'' K' it t �. � t ��'.Tir`r •., F • !`. F:; :'s I n 0.ciL. T, C . .' , . r .' "4 2 r. � 7:::,,,,,, •,...."44.--4—': . ,r. "-.rte, r �. .�'..�.'* r Town of Eagle April 18 2011 gRESEDURCE www.resou rce-e ng.com TABLE OF CONTENTS PAGE 1.0 INTRODUCTION 2 2.0 BRUSH CREEK WATERSHED 4 3.0 WATERSHED INFLUENCES 9 3.1 Agricultural Diversions 9 3.2 Municipal Diversions 11 3.3 Urban Land and Road Development 13 3.4 Future Town Growth 13 4.0 MANAGEMENT PLAN—MISSION STATEMENT AND GOALS 15 5.0 WATERSHED POLICIES AND MANAGEMENT STRATEGIES 15 6.0 CONCLUSION 34 LIST OF FIGURES AND TABLES Figure 1: Vicinity Map of Brush Creek Watershed 3 Figure 2: Hydrology Map of Brush Creek Watershed 5 Figure 3: Land Use Map within the Brush Creek Watershed 6 Figure 4: Annual Hydrographs and Streamflow Summary of Brush Creek, USGS Brush Creek Gage: 1951 —1972 8 Figure 5: Water Rights Map of Major Agricultural and Municipal Diversions 10 Figure 6: Town of Eagle Municipal Water Use 12 Figure 7: Town of Eagle Population Growth 14 Figure 8: Map of KDC and Eagle Ranch Irrigation Plans 21 Figure 9: Map of Dry Year and Critical Dry Year Restrictions 27 Figure 10: Watershed Protection Jurisdictional Boundary 30 Figure 11: Eagle Ranch Wildlife Mitigation Fund, Improvements on Brush Creek 33 Table 1: KDC Brush Creek Developments,Allowed 22 Table 2: KDC Brush Creek Development,Allowed Diversion Limits, Dry Year 23 Table 3: KDC Brush Creek Development,Allowed Diversion Limits, Critical Dry Year 24 1.0 INTRODUCTION The Town of Eagle is situated in the lower Brush Creek watershed near its confluence with the Eagle River. The watershed gives rise to Brush Creek, a high quality mountain stream that provides essential municipal, domestic and agricultural water supplies to area residents. The 145 square mile basin ranges in elevation of from 13,360 feet in its headwaters region to 6,520 feet near the Town. The watershed is ecologically diverse and supports a variety of indigenous plant and wildlife species. This diversity creates an attractive residential setting and provides Town residents with recreational opportunities including; fishing, hiking, biking and hunting. In 1999, in recognition of this important asset, the Town of Eagle initiated development of a watershed management plan for the Brush Creek watershed for the purpose of protecting the basin's water quality and quantity. The Brush Creek watershed and its relationship to the Town of Eagle is shown on the Vicinity Map in Figure 1. In the initial management plan for the Brush Creek watershed, the Town developed a set of strategies to conserve water, reduce stream diversions and protect the Brush Creek riparian corridor. This initial plan, however, was never finalized and remained in draft format for several years. In 2006, as part of efforts to revise the Town of Eagle's Community Plan, the Town reinitiated its interests in establishing a Brush Creek Management Plan. The Community Plan is a public process that addresses important issues and makes decisions regarding growth, transportation and the protection of natural resources surrounding the Town. The public process included the completion of surveys, participation in public meetings, coordination with Eagle County and appurtenant planning documents. The effort culminated in a document entitled 2010 Eagle Area Community Plan. This document reflects the local residents' vision of the Town and surrounding area including the Brush Creek watershed. With respect to natural resources, the plan makes clear the citizen's goals to maintain Brush Creek's distinctive environmental diversity and aquatic environment. In response to this directive, the Town reinitiated efforts to complete its Brush Creek Watershed Management Plan. The Brush Creek Watershed Management Plan is organized into 6 sections. This introductory section is followed by Sections 2.0 and 3.0, which provide a brief summary of the Brush Creek watershed and existing influences on the basin's water resources. Section 4.0 then describes the Town's goals, objectives and management direction for the Brush Creek watershed, while Section 5 outlines the specific policies and management strategies designed to meet these goals. The management plan concludes with Section 6.0, which highlights the Town's continued commitment to protecting and maintaining the Brush Creek watershed 2 1. ' H ['',. �r Wolcoa ri F I f 1 Rgl gym. r 1-70 9: Brush Creek EAGLE ,. Watershed .. I "^� ff Edward § .. w , I ,� t .� I t,,"S 3 1' Brush 6u,;x a. , 9 Creek. ,,,.,, 7•,,,,. 1�' t so, j � f Btry�rrY `f � , 9tr , C4 i f '( 1" 1' ' f WH11F I21' �ER I East G. , Cf FS Brush r Creek West Brush a F u Creek ..... ,• s Syt van f, , • n Vii. \ P M-a u N r ' - � I l� r x 1„ • rte" r p y �..\ Source:USGSlCOkMaps Figure 1 Vicinity Map of Brush Creek Watershed Brush Creek Watershed Management Plan Date.03-18-2011 .REOURCE Miles � Foe:181-13.0 iNee A,µc,i / DrawrV ANM ..............•.,,.,,,.....,. 0 0.5 1 2 3 4 5 Approved RSF 2.0 BRUSH CREEK WATERSHED Annual precipitation across the Brush Creek watershed varies from over 30 inches in the headwaters region to less than 15 inches near the Town of Eagle. Overall, the watershed has an average annual precipitation of approximately 21.4 inches. The stream network that collects this water supply through the East Brush Creek watershed, the West Brush Creek watershed, and the encompassing Brush Creek watershed is shown on the Hydrology Map in Figure 2. The higher elevation, wetter regions of East and West Brush Creek consist of spruce-fir forest intermixed with stands of aspen, while the lower elevation regions generally consist of sagebrush and oak communities with areas of irrigated agriculture land. Land ownership in the higher elevation region consists mainly of National Forest lands combined with a small mix of private and State lands. In the lower elevation region, land ownership is dominated by Bureau of Land Management (BLM) and private lands. Basin wide, federal/state property comprises 82.8% of the watershed. This ownership distribution is shown on the Land Use Map in Figure 3. Brush Creek is underlain with a diverse variety of geologic formations that influence overall surface and ground water quality. The geology varies from relatively resistant sandstones in the basin's headwaters to softer sediments and gypsum formations near the Town of Eagle. Specifically, the higher elevation regions are dominated by interblended sandstones, siltstones and conglomerates of the Maroon, State Bridge and Chinle formations. In lower elevation regions, the basin is underlain by the Eagle Valley Evaporite formation and gravel deposits from historic Brush Creek streamflows. The Eagle Valley Evaporite formation is highly erodible and contains soluble gypsum (CaSO4) and halite (NaCI), commonly referred to as rock salt. Streams passing through evaporites exhibit higher levels of total dissolved solids (TDS). Moreover, the water diverted for agricultural purposes infiltrates through porous terrace gravels and comes in contact with the underlying evaporates, which significantly increases the salinity of the irrigation return flows that accrue to Brush Creek. The diminishment of Brush Creek water quality was first documented in a 1975 study completed for the Colorado Department of Health by Mark Wuerthale. Wuerthale concluded that the water quality of Brush Creek generally decreased in the lower reaches. The study indicated that stream parameters such as, hardness, sulfates, conductivity and TDS increased approximately two fold from upstream to downstream positions. 4 • -'lr , PO , 1 M, [•' r �� 1 /.:.: _ Gy<i Wolcott I I"/ is 4 i !/'` Brush Creek Watershed Rid �, , 3 Area=145.0 miles 2 I-70 EAGLE 10" Ave. Precip=21.4 inches i ,,, I " e o jS nhI ,,,.....,,f P. r tJ � a tS' ,4_ /..r ', ;• : 1 1,, e I.t 1' "a. 1 ' 1 '' 21 Edwards I '.� %� ' ,' s-.;„;� ) ' t' y' '��`# �, 1 1 t �/ 'f' r Wt,. 7 , ' - I = USGS Brush Creek Gage near Eagle .1� Fry.. l 1 ,� �'( � St eainflow Record 1951-1972•1 ,./ l /FFF Air 1 /7 , 8„,,,,,--„,„ • I ,\ ,\�. �.,J( , r �, _ i t az C fir- onr rt I 1 i "1 tir �` '( 1 ,r� 1 r y . ) �.�� 't' ice, ! � t• 1 _ r .0 �,' ,iy •_, 1 ,r Ii J 4y/fry 1 J___, �j 1� ,y , f.1-17;4.1 ' ,��— 2'' a;•,,,,,I �t it.?`I � ,�_.:d 1 Y ry f y1 '7 ' 4 �° t/ r �- °aids 't 4'�%� $ , • ,.' ' 0l }� t ,,/i ,1i� `� , r M y ,..•r.,"--,-----", ti J Jrd ^1r, � \ f West Brush Creek Watershed , y `i_ ,4 >,� , ; }.. 1 ' 4,� ' t f � � t Area=32.Smiles2 , (, j`-^" t �� Ave.Precip=25.0 inches ,.'..7—' ren Y', / c r t r .�c I ; 1,l .� ,., t ; e East Brush Creek Watershed t Area=32.5 miles2 (r r ) Avg.Precip,=26.2 iches 1 , Source;USGS 100k Map Figure 2 'Hydrology Map of Brush Creek Watershed Brush Creek Watershed Management Plan Date:03-18-2011 ®RESOURCE Miles � File 181-13.0 ENGINEEFING,i NO Approved :,,,,,,,,",,.,,,,u,,,,,,,,,,,_, 0 0.5 1 2 3 4 5 Appro ed:RSF :\ Wolco i • v U... tt � � I Is' • s I IH.I \ ,, / EAGLE '"' Brush Creek iao. Watershed q r 7 ' S I 1 1, n. nS t . TYPE of LAND USE United States Forest Service 1 Bureau of Land Management State of Colorado Department of Natural Resources _ , ' = Private _•b Mw. I t r_ :e e . �?/• MN tp ' ? «, , 07 Jh i i { v '1 iA ' �E:i 4 `4, 50 ' ,�� Source:USGS 160k Maps Figure 3 Land Use Map within the Brush Creek Watershed Brush Creek Watershed Management Plan ,RESOURCE We,. Date.o7-t6-zott ENOINEERINO,I NO. File 161-13.0 eM.��..a,...w w,,,...,.. 0 0.5 1 2 3 4 5 Approve NN Approved:RSF Despite these differing geologic types and associated influences, the overall water quality of Brush Creek is relatively high. The Colorado Department of Public Health and Environment (CDPHE) has classified Brush Creek as Aquatic Life Cold 1, Recreation 2, Water Supply and Agriculture. Generally, the State considers these waters capable of sustaining a wide variety of cold water biota and suitable for potable water supplies after receiving standard treatment methods. Brush Creek streamflows exhibit run-off patterns typical of high elevation mountain watersheds. The streamflows are highest during the spring and early summer in response to melting snowpack followed by lower flows over the late summer and fall seasons. Streamflows reach minimum levels during the winter when most of the water is derived from ground water sources. The volume and distribution of typical streamflow patterns on Brush Creek can be illustrated through the review of historic gage records. The U.S. Geological Survey (USGS) maintained continuous streamflow records on Brush Creek at a location approximately 1.2 miles downstream from the confluence of East Brush Creek and West Brush Creek. The records begin in 1951 and continue for a period of 22 years, ending in 1972. This 22 year period of record contains a variety of water years (dry, average, and wet), and therefore, adequately represents the annual volume and seasonal distribution that is typical seen in Brush Creek. At the mid-valley location of the gage site, the Brush Creek watershed annually produces an average volume of 31,960 acre feet (AF). Seasonally, streamflows vary from an average of 156 cubic feet per second (cfs) in June to an average of 18 cfs during the winter. Peak daily flows during the spring runoff can exceed 450 cfs. As mentioned above, the 22 year period of record on Brush Creek contains annual water yield totals representative of wet, average, dry and critically dry years. Throughout Colorado, the mid- 1950s are commonly considered an extremely dry period, comparable to the recent drought of the early 2000s. The statewide drought sequence of the 1950s ended with a record setting wet year in 1957. Both of these events are seen in the Brush Creek record. The 1957 water yield of 48,120 AF is the wettest on record and is 51% greater than the average over the 22 year study period. Conversely, the driest years on record totaled 20,070 AF in 1954 and 27,950 AF in 1955. These streamflow volumes represent 63% and 72% respectively of the 22 year streamflow average. Generally, a dry year is defined as one that would occur on average, one year in 20. A critically dry year is defined as one that would occur on average, one year in 50. Understanding the streamflow and aquatic conditions associated with dry and critically dry years is a key component for watershed management planning. The annual hydrographs and monthly streamflow data over the 22 year record is summarized in Figure 4. 7 Figure 4 Annual Hydrographs and Streamflow Summary of Brush Creek USGS Brush Creek Gage: 1951-1972 (acre-feet) 18,000- """"Extreme Wet Year(1957) / Wet Year(1 970) 15,000- a ''Average Year(1969) / • Dry Year(1955) \ 12,000- • Extreme Dry Year(1954) 9,000- 6,000- 3,000- 0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Percent Year Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total Avg 1951 1,787 1,430 1,317 1,152 918 990 1,309 3,546 7,781 5,074 2,382 1,676 29,364 92% 1952 1,509 1,458 1,345 1,301 1,073 1,275 2,130 5,665 17,056 6,298 3,707 2,846 45,664 143% 1953 2,027 1,581 1,371 1,234 1,045 1,148 1,232 4,344 10,439 4,050 2,606 1,396 32,474 102% 1955 1,654 1.131 -.4, i" a 86 ;y � r x m 4 r ` ., 1 1956 1222 1.244 1,262 1,222 873 1,025 1,466 5,792 8,761 3,021 2,077 1,232 29,195 91% 19571.‘0 1. 99 . .41 ` 3,074- 1958 2,128 2,015 1,533 1,295 1,087 1,109 1,226 6,351 10,951 2,864 1,644 1,275 33,479 105% 1959 1,256 1,214 1,208 1,158 988 1,083 1,254 4,429 10,241 3,675 2,198 1,561 30,264 95% 1960 2,152 1,720 1,095 1,083 1,075 1,178 1,952 4,372 11,697 4,070 1,859 1,488 33,739 106% 1961 1,656 1,450 1,269 1,224 1,083 1,059 1,111 3,852 5,590 2,017 1,738 2,590 24,639 77% 1962 2,279 1,452 1,077 1,077 908 944 2,942 6,379 10,897 7,004 2,672 1,843 39,474 123% 1963 1,763 1,575 1,285 1,242 982 1,178 1,361 3,517 3,356 1,960 2,190 1,922 22,330 70% 1964 1,291 1,148 1,010 928 899 946 1,137 4,346 6,936 3,439 2,551 1,640 26,271 82% 1965 1,406 1,216 1,150 1,119 899 986 1,281 3,886 10,893 7,625 3,747 2,622 36,830 115% 1966 2,600 1,668 1,523 1,309 1,063 1,246 1,783 6,169 5,191 2,321 1,999 1,313 28,186 88% 1967 1,414 1,244 1,129 928 853 1,025 1,351 2,969 8,257 4,173 1,926 1,849 27,118 85% 1968 1,450 1,123 1,035 922 793 883 924 2,719 10,689 3,771 3,931 1,843 30,084 94% 1969 1,628 1,363 1,260 1,196 962 1,020 1,753 6,252 7,638 5,274 2,108 1,749 32,204 101% 1970 1,779 1,426 1,353 1,236 976 1,081 1,386 9,574 10,370 4,604 2,551 2,731 39,067 122% 1971 2,327 1,595 1,230 1,144 1,170 1,357 2,150 5,221 12,794 5,945 2,273 2,126 39,331 123% 1972 1,755 1,414 1,480 1,375 1,123 1,365 1,795 5,189 10,120 3,084 1,676 2,031 32,406 101% Avg 1,720 1,409 1,245 1,151 976 1,086 1,523 4,740 9,299 4,517 2,438 1,862 31,966 100% Notes, The highlighted years were chosen to represent each"year-types"of a five level classification developed by RESOURCE and based on a distribution of the percent annual average values. Year Type Distribution Extreme Dry <= 65% Dry btw 66% 85% Average btw 86% 114% Wet btw 115% 134% Extreme Wet => 135% ■RESOURCE EN 0I N EE RING,I N C. piq cn nn w�..,vrq wi's v�' 3.0 WATERSHED INFLUENCES Throughout the history of the Brush Creek Valley, various activities have adversely impacted the watershed basin and associated stream systems. These activities include; agricultural diversions, municipal diversions and the development of roads and urban environments. Both agricultural and municipal diversions are depletive to the stream system, and the runoff from agricultural irrigation diminishes the water quality. The development of roads and urban areas also has potential to diminish the water quality. The following subsections describe these effects in more detail. 3.1 Agricultural Diversions Historically, Brush Creek streamflows have been significantly reduced due to surface water diversions through agricultural headgate structures located throughout the Brush Creek valley. Numerous irrigation operations divert large volumes of water to serve hundreds of acres of hay and pasture lands. The diversions are of such magnitude that during dry year conditions, Brush Creek has been completely dewatered within certain reaches below the headgate of major diversion structures. Irrigation return flow and tributary inflow help to restore a portion of the streamflows downstream; however, these flows are subject to diversion and are often relied upon by downstream diverters. Some of the major agricultural diversions that have influenced Brush Creek include: the Upper Frost Ditch, the Frost Ditch, the McKenzie Ditch, the Hollingsworth-Potter Ditch, the Love and White Ditch, the Wilkinson Ditch, the Mathews Ditch, the Hernage Ditch, the Squire and Hammond Ditch and the CKP Ditch. The location of these agricultural diversions is shown on the Water Rights Map in Figure 5. In addition to influencing the quantity of water in Brush Creek, these agricultural diversions potentially degrade the quality of the streamflows. As shown on the Water Rights Map in Figure 5, many of the major ditch headgate structures are located in the mid to upper portion of Brush Creek. As mentioned above, the streamflow in this upper region is derived from areas underlain by the resistant sediment formation and is therefore of higher quality. Diverting this higher quality water at upstream locations reduces the amount available to mix with and dilute the poorer quality downstream water derived from the soft Eagle Valley Evaporite formation. 9 Town of Eagle :'''„,:c1**1 4 1.!-.6:9' '''' Eagle River Water Treatment Plant Proposed Location tll Town of Eagle ,� - ....4":".: '''Lower Intake No.2 EAGLE dg"'' Proposed Location `�'� CKP Ditch Town of Eagle 1 Lower Intake No. 1 i i' Proposed Location •'`�+. Squire and Hammond Ditch , r 'Mathews Ditch 4 c iiteDitch Ditch) 'Wilkinson(Love ` McKen zie Ditch Tr�Hollingsworth-Potter Ditch Ali N4 r Frost Ditch z, IPO lie, ( T Upper Frost Ditch) jr BRUSH CREEK ' , 'S's't... . WATERSHED .- c?r Town of Eagle __ Brush Creek Water Treatment Plant ' Town of Eagle h` caMn I rt,9 yy Brush Creek Gravity Water System Intake ....,615"...........N.k...\ MOwfl " s 1 APOD-Brush Creek Intake No. 1 �j. fi t APOD-Brush Creek Intake No.2 WH`�"i. k2I , , % TI0r TYPE OF DIVERSION Agricultural Diversion • ( Municipal Diversion ' • WTP Facility }1 i v Proposed/Future ,,� _ ;j ti f 1 �` `� ' 1 fdry ( J \F• I 2 •i - 1 01,11::, _ l . � +t .i_, i4 1 1S1'14;1:''4$r1.ar sCA ✓ Source:USOS1008Map Figure 5 Water Rights Map of Major Agricultural and Municipal Diversions Brush Creek Watershed Management Plan •Miles Date 03-18-2011 .RESOURCE File:181-13.0 ENOINEERINO,■50 1 ■ ' Drawn. pprov d:ANM R ,ro.,,.....„..Aa..,,,,,,.,_. 0 0.5 1 2 3 1 Approved:RSF 3.2 Municipal Diversions In the early 1970's the Town of Eagle constructed a municipal diversion structure and water treatment plant on Brush Creek located below the Matthew's Ditch headgate. Then in the early 1980's the water treatment capacity was increased and the plant was moved upstream to a location approximately 7.2 miles south of Town. Most recently, in the early 2000's a pretreatment system was added to meet stringent water quality standards. The Brush Creek diversion structure and associated water treatment plant are critically important features to the Town's municipal water supply system. The Brush Creek diversion structure is currently the Town's only potable source of municipal water supply. Water is diverted from Brush Creek and conveyed to the Town's water plant and treated through a series of mixed media filters. The treated water is then conveyed down valley to the Town residents via pipeline. Once the water has been used by Town residents for in-house uses, the water is routed to the Town's wastewater treatment plant located on the Eagle River just downstream of its confluence with Brush Creek. The treated effluent is discharged directly to the Eagle River and thus, the Town's municipal water diversions for in-house uses are essentially 100% depletive to Brush Creek, in the reach between the diversion facility and the confluence of Brush Creek and the Eagle River. Currently, the Town's diversion and distribution system provides water to approximately 6,000 town residents and approximately 1,000 extra-territorial users. The water production records maintained by the Town between 2006 and 2010 indicate that approximately 1,500 to 1,600 AF of water is annually diverted from Brush Creek. During this period of record, diversions averaged approximately 3.80 cfs in the summer season with peak day demands topping 5.0 cfs. In the winter season, the daily diversion rate dropped to an average of approximately 1.15 cfs with peak day demands dropping below 3.0 cfs. The average daily diversion rate and peak day municipal water demand from 2002 through 2010 is summarized in Figure 6. Similar to the agricultural diversions, these municipal diversions potentially degrade the quality of the streamflows in Brush Creek. As shown on the Water Rights Map in Figure 5, the Town's municipal diversion structure is located in the upper portion of the Brush Creek basin. Again, diversions from this region remove the higher quality water derived from areas underlain by the resistant sedimentary formations. If this higher quality water were left in Brush Creek, it would mix with and dilute the poorer quality water derived from the more soluble Eagle Valley Evaporite { formation. F 11 Figure 6 Town of Eagle Municipal Water Use Average Daily Demand vs. Peak Day Municipal Water Demand 8.00 Avg l Peak Year (cfs) 1 (cfs) 6.00 2002 1.54 3.53 2003 1.43 3.48 2004 1.59 4.08 2005 1.75 4.53 4.00 2006 2.15 4.85 . 2007 2.13 5.07 2008 2.15 5.24 2.00 2009 1.96 4.55 2010 1.97 4.66 Avg 1.79 4.24 0.00 2002 2003 2004 2005 2006 2007 2008 2009 2010 Average Daily Demand vs. Peak Day Demand-WINTER (Nov-Mar) 8.00 Avat1 Peak Year +I;^s) 6.00 - 2002 0.97 1.88 2003 0.75 1.02 2004 0.91 2.17 2005 0.91 1.30 4.00 . 2006 1.24 2.04 2007 1.03 2.32 2008 1.19 2.92 2.00 2009 1.08 2.04 2010 1.05 1.66 Avg 1.00 1 1.84 J 0 , 0.00 -_ , .__r_ - 2002 2003 2004 2005 2006 2007 2008 2009 2010 Average Daily Demand vs. Peak Day Demand-SUMMER (Jun, Jul, Aug) 8 0 r'=z. Year i 6 00 - 2002 2.66 3.53 2003 2.66 3.48 2004 2.75 4.08 2005 3.18 4.53 4 00 2006 3.83 4.85 2007 4.08 5.07 } 2008 4.01 5.24 ' 2009 3.40 4.55 2.00 �... 2010 3.70 4.66 Avg 3.22 4.21 0.00 - -- ,- _ 2002 2003 2004 2005 2006 2007 2008 2009 2010 ■RESOURCE EN GIN E ERI N a,I N C. M0 w�sam w.w Prol asi ia�cvmro 3.3 Urban Land and Road Development Water quality in the lower Brush Creek basin is also potentially impacted due to urban development within the Town. Brush Creek bisects the Town and is located in proximity to roads, residential homes and light commercial development. These developments produce urban runoff and if not properly managed and controlled can adversely affect stream water quality. Urban influences on Brush Creek are expected to increase as the Town of Eagle continues to grow within areas close to lower Brush Creek. 3.4 Future Town Growth The Town of Eagle has exhibited strong and continuing growth patterns over the last 100 years. Over this last century, the Town's population has increased from approximately 185 residents to today's estimated population of 7,000 residents.' The average annual growth rates over this period have varied from 3% to over 6%, with the most recent growth projection established at 3.4%.2 A summary of the Town's historic growth pattern over the last century and its projected future population based on a 3.4% growth rate is shown in Figure 7. At an annual growth rate of 3.4%, the Town of Eagle could expect a population increase of 170% over the next 30 years, which equates to approximately 19,000 residents. Assuming that the future population will have similar water demands and similar water use patterns to existing residents, the Town's annual municipal diversions could approach 4,100 AF. The average and peak day diversions associate with this growth could approach 5.6 cfs and 13.2 cfs respectively. Venturoni Surveys&Research, Inc.,2007 Town of Eagle Community Survey and Town of Eagle Data 2 Town of Eagle Community Plan, 2010. 13 I I I I I I - 0 V . 0 CV I I I I 0 CO O N 0 N I N N IIIIITII N 111 N O CO O a)T _O O N ■ O O O - - O IN O ti o a ) A E III 67 I 2c) T N L' 1 O = w co o Ip M o C c - o o)CA o UI M I (y m co a w Na) ca, j I N L. Y N O t 0) � o O O L 0 U I m f c ti _ N E.rn co N O C E.m _ 0 0 0 a) W 2 c � r as y_ _ 7 o ci E 00 O O O O O O O o o O O O O O O O O C.- O Y O O O O O O O O �- O O O O O O O C o a0 ti (O a 07 N N N I- Oi c0 M N O E .O. N O a c d oa m s 2 t-13 N-, o m o m (0 m o c m 8 �0 t 0 v e 0 e e e 0 e e m e.e 0 o a a a) 1-'3- 7 OD 10(O 41 ODmN r- n N j V V V 7 El 15 •L.• • - C O V c0 0 V e-(V c+i .- u>(O a0 to c O c6 cM M aOOCkti p a) c0 r- NCO t--0 V co(h co r- 0 a) CD W N N N(0 (>0 v N O M t l6 CO N CO in Z 2 O } ab a23 UU m T a 5 a 5 o m o E m£ > N m (p 15 t o 0 0 0 0 0 0 0(0 0 (q C L o 0 0 E U O N a) N15 ON(nN V OD U,O(ON a) N "5 000 O W <0 v } ` O u7 O) (n 7 N V N O O OD } ` O V V V U m O r m N -5 ,_ WO E 2 (�z� O V CO CO CO u)CO 0 0 0 N pp O 6 V- NCO u') V V v CD LO CO MO =O 0)CV CO U C 8 (0 CO CO(n d'(n r- rn in o o m o n(O o m e �p z�^ a .=Vi r` 5 r;of�rn m ci m D di a ao ao o a o Q Qw • `m 0. rn (Zis" >. o y000000000000 0000 a> m a1) Wz o NM V(n(O� COrno NM V ii oo m > yyit >-O m O)OO) co co O)N N >-N NN CV 0a } Q :g v T•-•V 4.0 MANAGEMENT PLAN—MISSION STATEMENT AND GOALS The overall mission of the Brush Creek Management Plan is to provide guidance for the implementation of actions that will protect and enhance the water resource values associated with the Brush Creek watershed. To achieve this mission, three goals have been developed. Attainment of these goals will help protect and sustain the economic and ecological resources provided by the Brush Creek watershed. The Town's watershed goals are as follows. Goal No. 1: Maintain sufficient streamflow in Brush Creek to support and protect the Stream's aquatic environment. Goal No.2: Protect and improve the quality of Brush Creek and its tributaries. Goal No.3: Establish and promote land and water management practices that conserve and protect the natural resources of the watershed. 5M WATERSHED POLICIES AND MANAGEMENT STRATEGIES In order to successfully accomplish the goals set forth in the previous section, specific Town policies and management strategies have been developed. This section describes in some detail how these policies and management strategies address the Town's goals for the protection of the Brush Creek watershed. GOAL NO. 1: MAINTAIN SUFFICIENT STREAMFLOW IN BRUSH CREEK TO SUPPORT AND PROTECT THE STREAM'S AQUATIC ENVIRONMENT Policy No. 1: Decisions that affect the quantity of water in Brush Creek will include collaboration with relevant public and private entities, as well as relevant planning documents adopted by the Town (2010 Community Plan). Strategies: 1. Work with the Bureau of Land Management (BLM), United States Forest Service (USFS), State Land Board and Eagle County to amend the resource management and forest plans applicable to the Eagle Area to reflect the tools and implementing actions 15 • set forth in the Eagle County Comprehensive Plan, Eagle River Watershed Plan, the Town's Open Lands Conservation Plan, the Eagle Area Community Plan and this watershed management plan. 2. Implement the relevant policies and action items from the Eagle River Watershed Plan. 3. Work with the USGS to monitor water quantity and water quality by utilizing the Eagle River Watershed Retrospective Assessment Program. Policy No. 2: Improve irrigation efficiencies, reduce the amount of water historically diverted by large agricultural ditches, and implement water conservation practices within the Town. Strategies: 1. Work with basin diverters to implement water conservation measures and reduce diversions through improved irrigation efficiencies such as converting flood irrigation to sprinkler irrigation. 2. Implement the Kummer Development Corporation Irrigation Plan. In 2002, the Town and Kummer Development Corporation (KDC) entered into an irrigation agreement, which governs the amount of allowable diversions through various headgate structures in Brush Creek. KDC owned a significant portion of the large agriculture diversion structures and associated water rights in the upper and mid Brush Creek regions, and was seeking various developments in and around the Town. The Irrigation Plan was part of a larger Settlement Agreement that was entered into to resolve issues related to the development proposals. The Irrigation Plan was designed to sustain and/or enhance Brush Creek streamflows during dry year periods. Portions of the KDC properties have been sold; however, the commitment to implement the Irrigation Plan has been assigned to the successors in interest to the KDC properties. Subsequent references to KDC in this document also include KDC's successors in interest. In general, the Irrigation Plan seeks to maintain minimum streamflows in Brush Creek equivalent to the Colorado Water Conservation Board's (CWCB) instreamflow right of 12.0 cfs. This instream water right is the amount of water that the Colorado Division of 16 Wildlife and the CWCB have determined adequate to protect the natural environment of Brush Creek to a reasonable degree. To maintain this streamflow, the Irrigation Plan places limits on the amount of water that can be diverted from Brush Creek under senior KDC water rights. Portions of the Irrigation Plan have been completed in recent years, while other segments have yet to be implemented. Overall, the key components of the Irrigation Plan are shown in Figure 8 and include: a. KDC has agreed to move its points of diversion for the Staton and Cissna Ditch and the Matheny and Tabor Ditch water rights to a location downstream of the Town's municipal intake on Brush Creek. This downstream transfer will help maintain streamflow levels at critical locations in Brush Creek immediately below the Town's point of diversion. b. KDC has funded the installation and operation of a streamflow gaging station on Brush Creek downstream of the Love and White Ditch headgate. This gaging station will be one of three monitoring sites on Brush Creek to help implement the Stream Management Plan. Eagle Ranch has constructed a gaging station near Ouzel Lane for the purpose of monitoring stream flow in the middle section of Brush Creek and to implement conservation measures of the Eagle Ranch Golf Course Irrigation Plan. A future gaging station will also be installed below the Town's intake. c. KDC agreed to place certain limits on the amount of water it diverts from its various Brush Creek diversion structures. These limits are less than historic diversions and are made possible by increased irrigation efficiencies associated with the Frost Creek golf course and residential development and reduced flood irrigation on agricultural tracts in the Haymeadow and KDC Lower Ranch properties. As described above, the diversion limits were part of various settlement and water service agreements between the Town and KDC and are binding on KDC's successors in interest to the Brush Creek properties and water rights. Three scenarios have been developed to determine the diversion limit placed on each diversion structure; one for average and wet year conditions, a second for dry year conditions, and a third for "critical" dry year conditions. The amount of water allowed for diversion was calculated based upon crop needs, irrigation efficiencies 17 and reduced ditch conveyance losses. The allowed maximum diversion limits for each scenario are summarized in Tables 1, 2 and 3.3 The definition of average/wet conditions, dry year conditions and critically dry year conditions will be based upon the Brush Creek streamflows. During dry and critically dry years, KDC will reduce its diversion amounts to help maintain Brush Creek streamflows. The streamflow gaging station installed on Brush Creek below the headgate of the Love and White Ditch is used to help define the type of water year(average, wet, dry and critically dry) and corresponding diversion limits. Average/Wet Year During average and wet years when streamflows below the Love and White Ditch remain well above the CWCB's 12.0 cfs minimum, KDC can divert at rates up to the amounts shown in Table 1 for each diversion structure. Dry Year As streamflows recede and approach the CWCB's minimum streamflow of 12.0 cfs, KDC will begin to cut back its diversion to amounts no greater than those shown in Table 2. For the purposes of this agreement, the trigger point by which diversions will be reduced to values in Table 2 will occur when the streamflow at the gaging station located below the Love and White Ditch is at or below 16 cfs. During these dry conditions KDC will use the Brush Creek diversions only as necessary to meet irrigation demand and not for flow through water features. When streamflows beneath the Love and White Ditch are at or drop below 16 cfs and KDC has had to curtail diversions to meet the limitations in Table 2, the Town of Eagle and other participants in the Brush Creek Watershed Management Plan would also begin to implement water conservation components as identified in later Sections of this Brush Creek Management Plan. The intent of this Irrigation Plan is that during dry year conditions, all participating entities in the Management Plan, including KDC, would begin to implement water conservation measures at approximately the same time. 3 The identified diversion amounts outlined in Tables 1 through 3 are not guaranteed and may not be fully available in certain months of dry years. Like all Colorado water rights,the Kummer Development Corporation rights must be in priority and have sufficient physical water supplies available at the respective points of diversion on Brush Creek. Similarly,the identified restrictions can only apply to those water rights owned or controlled by the Kummer Development Corporation. 18 Critical Dry Year If streamflows continue to recede and drop below the CWCB minimum of 12.0 cfs, KDC will further curtail its diversions to amounts shown in Table 3. Furthermore, KDC will curtail its irrigation on 50% of the golf course rough associated with the Frost Creek development. This provision will result in an irrigation reduction of at least 50 acres. The extent of golf course irrigation and associated curtailment will be based on a golf course as-built survey submitted to the Town. Under all three operating scenarios KDC agrees not to place a call on Brush Creek from any of its water rights if such a call would cause any of the Town of Eagle's municipal water rights in Brush Creek to go out of priority. Irrigation Table Modifications The allowable diversion amounts shown in Tables 1, 2, and 3 assume that the agricultural fields associated with KDC's properties will continue to be flood irrigated. If in the future these areas are converted to sprinkler irrigation, the allowable diversion rates will be reduced to reflect the improved irrigation efficiencies. In addition, the Town and KDC may from time to time review the effectiveness of the diversion limitations outlined in Tables 1, 2, and 3 and make adjustments if necessary. Any adjustments, however, will be made only to benefit Brush Creek and/or to protect senior water rights and the adjustments must be mutually agreed to by both parties. The allowable diversion limits outlined in Tables 1, 2, and 3 for the proposed Frost Creek Golf Course and residential development were based upon the calculated maximum day irrigation demands, which include up to 108 acres of golf course irrigation and up to 265 acres of residential/open space landscape irrigation. To the extent that actual irrigated acreage is less than that anticipated above, the allowable diversion rates expressed in Tables 1, 2, and 3 will be adjusted downward accordingly. Increased Streamflow Trigger Point KDC acknowledges that the Town, as part of this Brush Creek Watershed Management Plan, is studying the possibility of constructing a new water treatment 19 plant located downstream near the confluence of Brush Creek and the Eagle River. When constructed, the downstream treatment plant could reduce the Town's municipal water diversions from upper Brush Creek thereby helping maintain critical streamflows. Should the Town construct and operate a new downstream treatment plant, it would require that the amount of water saved and bypassed at its upper diversion site remain in Brush Creek past KDC diversions. As a result, KDC agrees to initiate its streamflow curtailment as outlined in Tables 1, 2, and 3 at higher streamflow amounts equal to the volume of water being diverted at the new downstream treatment plant. By way of example, if the new downstream treatment plant was diverting 1 cfs of water during the summer period, KDC would increase its streamflow mitigation trigger point from 16 cfs to 17 cfs in dry years and from 12.0 cfs to 13.0 cfs in critically dry years (Table 3). Similarly, if the Town was diverting 1.5 cfs of water at the new downstream treatment plant, KDC would increase its trigger point in a critical dry year to 13.5 cfs. This trigger point increase would only be required if the Town transfers existing upper basin water rights down to the new treatment plant and demonstrates an actual reduction in upper basin diversions. d. Historically, many of the agricultural ditches to be curtailed under this Irrigation Plan diverted water to irrigate KDC's "Haymeadow" property located southeast of Town. These ditches include the Hollingsworth-Potter Ditch, the Love and White Ditch, the Wilkinson Ditch and the Mathews Ditch. The location of these historic ditch headgates are depicted on the Irrigation Plan Map in Figure 8. To the extent that Brush Creek streamflows within the reach located between the Love and White Ditch and the Squire and Hammond Ditch headgate drop below 12.0 cfs, KDC will divert up to 4.0 cfs of the allowable diversions indentified in Tables 1, 2, and 3 through a pump back system. The pump back system will originate from a location immediately above the Squire and Hammond Ditch and serve the Haymeadow property. By foregoing diversions at the upper ditch headgate sites, KDC will be able to irrigate a portion of the Haymeadow property while helping to maintain Brush Creek streamflows through a 2.3 mile stream reach extending from the Love and White Ditch headgate down to the Squire and Hammond Ditch headgate. 20 i :. Red <S) <,, 'Tawn or Baal. . Etipla Alva;Ulster.' Otr eti!R O,*,mm",,,''''''''''' o'') ,., a«tto.t NT iti F I a gy No. EAGLE ..� \ Mathews Ditch ..A Ranch Parcel `,r +`t„s"''' SQUIRE AND HAMMOND aAen' $, °J GAGING STATION Wilkinson Ditch ? ,. ' ARRA Ranch Parcel , CKP Ditch ERGS '*. ,Pump m Pum�Or • ,Back Back '� Love and White Ditch ii,ii :y Ranch Parcel V C Squire and Hammond Ditch "',., (LOVE AND WHITE�,.�a GAGING STATION ` 'i Ar , vt ti McKenzie Ditch Hollingsworth-Potter Ditch Ranch Parcel '.,� t i Ranch Parcel Love Frost ' Ranch Parcel East Frost • i, Salt Creek Parcel i i �..J ilia„= Frost Ditch v Borah Ditch ` �.,,,,• Golf Course Parcel I 1 I •„A Golf Course Parcel) Upper Frost Ditch 1' r" 4" Goff Course Parcel Town or Eagle Brush Creek Water Treatment Plant] ' BRUSH CREEK I Miles Ditch �/ } TOWN OF EAGLE WATERSHED Golf Course Parcel —r jGAGING STATION ' -.- t' 1 'yj rr /r _. I I t1 Town or Eagle ..._ .. „ _... .. •a. _ ;[rdrlatered tt+ya Brush Creek Gravity Water System Intake :y F APOD-Brash Creek Intake No,t Belavfi"f d{kin++ APOD-Brush Creek Intake No.2 -^ Intake /A c+ ,f'c,, ,, , �t,,,v • , N� 1 , Staton and Cissna Ditch 0 \a /i Matheny and Tabor Ditch VvtT171: R ,E; F2 TI0h I 3t' TYPE OF PLAN • KDC Irrigation Plan ""r, ,,,, f' �• AArv�csK+ r ": 0 ER Irrigation Plan ,u , l 1 a i SYl.VAt4 kMI.STAfP Source:USGS100kMap Figure 8 Map of Kummer Development Corporation and Eagle Ranch Irrigation Plans Brush Creek Watershed Management Plan ®RESOURCE Miles Date 03-18-2011 File:161-13.0 ENGINEERINC:,I NC. r Drawn:ANM ,...,...............>..,,,_, 0 0.5 1 2 3 Approved:RSF Table 1 Kummer Development Corporation Creek Developments Allowed Diversion Limits Average and Wet Years GOLF COURSE PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Upper Frost System(1) 8.57 8.57 8.57 7.49 6.49 5.49 Borah Ditch(2) 0.50 0.50 0.50 0.50 0.50 0.50 Frost Ditch(2) 1.70 1.70 1.70 1.70 1.50 1.50 Total Allowed Diversions 10.77 10.77 10.77 9.69 8.49 7.49 SALT CREEK PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) East Frost Ditch(2) 1.00 1.00 1.00 1.00 1.00 1.00 Total Allowed Diversions 1,00 1.00 1.00 1.00 1.00 1.00 RANCH PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Love Frost Ditch 2) 1.50 1.50 1.50 1.50 1.00 1.00 McKenzie Ditch(2) 3.50 3.50 3.50 2.50 2.50 2.50 Hollingsworth/Potter Ditch(2) 2.00 2.00 2.00 2.00 1.00 1.00 Love&White Ditch(3) 5.00 5.00 5.00 5.00 5.00 5.00 Wilkinson Ditch(3) 5.80 5.80 5.80 5.80 5.80 5.80 Mathews(3) 5.00 5.00 5.00 5.00 5.00 5.00 Total Allowed Diversions 22.80 22.80 22.80 21.80 20.30 20.30 TOTAL ALLOWED DIVERSIONS 34.57 34.57 34.57 32.49 29.79 28.79 Notes: (1) Upper Frost System includes diversions under the Schlutter,the Staton and Cissna,and the Matheny and Tabor water rights. Diversion values have been reduced by 0.93 cfs from those in the 1999 KDC Irrigation Plan. This amount represents diversions by others in the ditch system. Therefore,the net amount allotted to KDC remains unchanged from the 1999 Agreement. (2) Diversion values unchanged from KDC Irrigation Plan 1999 Agreement. (3) Diversion up to decreed amount. RRESOURCE ENGINEERI N G,IN C. Peel cK-one Va.(wo)949 1137 FrcMnh Table 2 Kummer Development Corporation Creek Developments Allowed Diversion Limits Dry Year Streamflow below Love&White Ditch are less than 16.0 cfs and greater than 12.0 cfs GOLF COURSE PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Upper Frost System(1) 5.85 6.18 6.50 5.39 4.23 4.23 . Borah Ditch(2) 0.50 0.50 0.50 0.50 0.50 0.50 Frost Ditch(2) 1.45 1.45 1.45 1.45 1.45 1.45 Total Allowed Diversions 7.80 8.13 8.45 7.34 6.18 6.18 SALT CREEK PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) East Frost Ditch(2) 0.46 0.46 0.46 0.46 0.46 0.46 Total Allowed Diversions 0.46 0.46 0.46 0.46 0.46 0.46 RANCH PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Love Frost Ditch(2) 0.50 0.50 0.50 0.25 0.50 0.50 McKenzie Ditch(2) 2.42 2.48 2.54 2.03 2.23 1.98 Hollingsworth/Potter Ditch(2) 2.00 2.00 2.00 1.70 1.30 1.30 Love&White Ditch(3) 5.00 5.00 5.00 4.25 3.25 3.25 Wilkinson Ditch(3) 5.80 5.80 5.80 4.93 3.77 3.77 Mathews(3) 5.00 5.00 5.00 4.25 3.25 3.25 Total Allowed Diversions 20.72 20.78 20.84• 17.41 14.30 14.05 TOTAL ALLOWED DIVERSIONS 28.98 29.37 29.75 25.21 20.94 20.69 Notes: (1) Upper Frost System includes diversions under the Schlutter,the Staton and Cissna,and the Matheny and Tabor water rights. Diversion values have been reduced by 0.93 cfs from those in the 1999 KDC Irrigation Plan. This amount represents diversions by others in the ditch system. Therefore,the net amount allotted to KDC remains unchanged from the 1999 Agreement. (2) Diversion values unchanged from KDC Irrigation Plan 1999 Agreement. (3) May through July diversions are based on the lesser of:1.)an irrigation duty of 1 cfs per 35 acres irrigated or 2.)the sum of all senior water rights in the ditch. Senior water right is defined as any water right decreed prior to the 1907 basin adjudication. August diversions were calculated as 85%of July diversions. September and October diversions were calculated as 65%of July diversions(same as the KDC Irrigation Plan 1999 Agreement). ■RESOURCE ENGINEERING,INC, globn]VakvW Ow 1137 Va ile Table 3 Kummer Development Corporation Creek Developments Allowed Diversion Limits Critical Dry Year Streamflow below Love&White Ditch are less than 12.0 cfs and Golf Course rough irrigation is reduced 50% GOLF COURSE PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Upper Frost System(1) 4.39 4.64 4.20 3.49 2.63 2.63 Borah Ditch(2) 0.50 0.50 0.50 0.50 0.50 0.50 Frost Ditch(2) 1.45 1.45 1.45 1.45 1.45 1.45 Total Allowed Diversions 6.34 6.59 6.15 5 44 4.58 4.58 SALT CREEK PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) East Frost Ditch(2) 0.46 0.46 0.46 0.46 0.46 0.46 Total Allowed Diversions 0.46 0.46 0.46 0.46 0.46 0.46 RANCH PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Love Frost Ditch(2) 0.38 0.38 0.50 0.25 0.50 0.50 McKenzie Ditch(2) 1.82 1.86 2.54 2.03 2.23 1.98 Hollingsworth/Potter Ditch 12) 1.50 1.50 1.40 1.00 1.30 1.30 Love&White Ditch 13> 3.75 3.75 3.75 3.19 2.44 2.44 Wilkinson Ditch(3) 4.35 4.35 4.35 3.70 2.83 2.83 Mathews(3) 3.75 3.75 3.75 3.19 2.44 2.44 Total Allowed Diversions 15.55 15.59 16.29 13.36 11.74 11.49 TOTAL ALLOWED DIVERSIONS 22.35 22.64 22.90 19.26 16.78 16.53 Notes: (1) Upper Frost System includes diversions under the Schlutter,the Staton and Cissna,and the Matheny and Tabor water rights. Diversion values have been reduced by 0.93 cfs from those in the 1999 KDC Irrigation Plan. This amount represents diversions by others in the ditch system. Therefore,the net amount allotted to KDC remains unchanged from the 1999 Agreement. (2) Diversion values unchanged from KDC Irrigation Plan 1999 Agreement. (3) Critical dry year diversions were calculated as 75%of the dry year diversions. .RESOURCE EN G I NE E NN N G,I N C. MN 9.-0777 ..PiN 41x1, .came.�� 3. Implement the Eagle Ranch Golf Course Irrigation Plan. The Town of Eagle leases a certain amount of its water rights to the Eagle Ranch Metropolitan District (Lessee) for the irrigation of the Eagle Ranch Golf Course. Under the Terms of the water right lease agreement and upon terms contained in an earlier Annexation Agreement involving the subject property, the golf course is under obligation to curtail irrigation diversions during low flow conditions. The golf course irrigation diversions generally occur through the headgate of the Squire and Hammond Ditch. Under the Eagle Ranch Golf Course Irrigation Plan, when the streamflows in Brush Creek, as measured below the headgate of the Squire and Hammond Ditch, drop below 12 cfs, the Lessee shall bypass its irrigation water as necessary to maintain 12.0 cfs below the headgate. Alternate irrigation supply will be obtained through a pump back system originating at the downstream CKP Ditch headgate. This pump back system, which is shown in Figure 8, helps preserve the minimum flows within a reach of Brush Creek extending from the Squire and Hammond Ditch down to the CKP Ditch. Under this Irrigation Plan, the Lessee shall at no time place a call on the water rights of the Town. Furthermore, the Lessee shall also be required to curtail irrigation of all or a portion of the golf course roughs(approximately 38.0 acres) during dry conditions when and if the flows in Brush Creek drop below 16 cfs. The extent and location of these outer roughs have been identified in the Lease Agreement. The effect of this curtailment will be to reduce irrigation from approximately 133.4 acres down to approximately 95.4 acres. During critical dry year conditions when streamflows drop below 12 cfs as defined in the Town's Water Conservation Plan adopted as Section 12.07 of the Eagle Municipal Code (discussed in Goal No. 3) the Lessee shall also curtail the irrigation of "transition areas". The extent and location of these "transition areas" have been identified in the Lease Agreement. The effect of this additional curtailment is to remove an additional 55.4 acres of irrigated land during the critical drought period. During "emergency restrictions" as defined in the municipal code, the Lessee must limit golf course irrigation to tees and greens (7.6 acres). 25 4. Conserve water for the protection of the Town's municipal water supply system and Brush Creek Develop and implement a water conservation ordinance. In 2009, the Town amended its municipal code to include a water conservation plan. Section 12.07 of the Town's Water Conservation Plan establishes comprehensive guidelines for lawn and open space irrigation and other water use activities within the Town. The goal of the water conservation plan is to reduce both peak day water demands and overall water use by Town residents. This action helps prolong the life of the Town's current water treatment system, and it protects the health, quality and quantity of the streamflow in Brush Creek. The water conservation plan provides four tiers of water use restrictions dependent upon the type of year: average, dry, critically dry and emergency situations. As conditions in the Brush Creek basin become dryer, the water use restrictions increase. Stage 1 conservation measures are required each year. This stage prohibits the waste of water within the Town, places limits on the time of day and season when irrigation water can be used, and establishes Even/Odd irrigation schedules. Stage 2, Stage 3, and Stage 4 are implemented during dry, critically dry, and water emergency years respectively. Each stage requires an additional set of water conservation measures. The dry year and critically dry year triggers are based, in part, upon the same minimum streamflow amounts identified in the KDC and Eagle Ranch Irrigation Plans. These water use restrictions help to provide basin wide water conservation by all parties during periods when the streamflow is low. Figure 9 provides a summary of the various water conservation efforts designed to protect and maintain Brush Creek streamflows as identified in Goal No. 1. 26 rt=I ( J 1`' le EAGLE CRITICAL DRY YEAR RESTRICTIONS 'j Squire and Hammond Gage below 16.0 cfs . Squire and Hammond Gage below 12.0 cfs Town of Eagle % Town of Eagle ,z c's ;1.)Implement measures under Stage 1 of Town's - 1.)Implement measures under Stage 1.2.and 3 of Town's Water Conservation Ordinance Water Conservation Ordinance Eagle Ranch Golf Course Eagle Ranch Golf Course '1.)Reduce irrigation on golf course outer roughs 1 I Reduce irrigation on golf course outer roughs plus (38 D acres) 'transition'areas(55,4 acres). '- SQUIRE AND HAMMOND ' GAGING STATION ., ',., ' ' ' '9,;" 1 , (I. �'` i LOVE AND WHITE GAGING STATION CRITICAL DRY YEAR RESTRICTIONS I Love and White Gage below 16.0 cfs Love and White Gage below 12.0 cfs Town of Eagle Town of Eagle 1.)Implement measures under Stage 1 and 2 of Town's I.)Implement measures under Stage 1.2,and 3 of Town's Water Conservation Ordinance Water Conservation Ordinance ' ,Kummer Development Corp. Kummer Development Corp. I 1.)Reduce agricultural diversions pursuant to Table 2 1.)Reduce agricultural diversions pursuant to Table 3 1\ q limits outlined herein. limits outlined herein. fic.ron , 3 fkf,�uuoiri 2.)Reduce diversions to Frost Creek Golf Course 2.)Curtail irrigation on non-essential golf course rough at eiefterere..".• pursuant to Table 2 limits outlined herein. Frost Creek Golf Course. ( }� t 1T tiiiito 11 3.)Implement the 4.0 cfs Squire and Hammond pumpback -'■ to serve Haymeadow property. ) i ' TOWN OF EAGLE � Ery�� , GAGING STATION I ._. . r i -.. CRITICAL DRY YEAR RESTRICTIONS ' ' Town of Eagle Gage below 12.0 cfs "'..• ' Town of Eagle 1.)Implement measures under Stage 1.2.and 3 of Town's , '',,,. ' '` Water Conservation Ordinance. ii 16. 2.)Implement releases from Sylvan Lake pursuant to j Agreement with State. Kummer Development Corp. q V 'Moved its Stators Cissna Ditch and Malheny Tabor Ditch L T) i f\.,y h headgage diversions below the Town's municipal intake 1 t`1 1 I t { ' I to reduce impact to stream. Eagle Ranch Golf Course • 1.)Reduce irrigation of golf course outer rough plus ( 'transition`areas(55 4 acres). { • 7 5 f.— . 'tom, i} f ~ BRUSH CREEK 1414r� WATERSHED rYt r 4 �,� ,i l.:;ea;,A:vl 4 i v 1y Source:USGS 100k Map Figure 9 • Map of Dry Year and Critical Dry Year Restrictions Brush Creek Watershed Management Plan Date:03-18-2011 IIIRESOURCE Miles File:181-13.0 ENOINEERINO,INC. I - Drawn:ANM ''.:47,1:=74327:2:Z" 0 0.5 1 2 3 Approved:RSF 5. When conservation efforts are not enough to protect the Town's municipal water supply system and Brush Creek, mitigate with available upstream water sources. Initiate streamflow mitigation in accordance with the Sylvan Lake Agreement. In October 1994, the Town entered into a contractual agreement with the State of Colorado by and through the Department of Natural Resources for 125 AF/yr of reservoir space in Sylvan Lake. In exchange, the Town transferred its interest in the Confluence Reservoir storage right (360 AF/yr), the historic consumptive use credits associated with its interest in the Love and White Ditch 2nd Enlargement water right(94 AF/yr), and a portion of the historic consumptive use credits associated with its interest in the Upper Frost Ditch 1st Enlargement water right (25.9 AF/yr) to Sylvan Lake. These transferred water rights provide both an augmentation supply to replace evaporation and seepage losses from Sylvan Lake and a "last-in-line"water supply for the Town. The mitigation action plan would server as a backstop to the Town's water conservation efforts. At such times when the Town is following the strategies outlined in the Water Conservation Plan and the streamflow in Brush Creek below the Town's municipal gravity diversion structure drops below minimum standards, the Town can request that the Division of Parks and Outdoor Recreation release water from Sylvan Lake. This available upstream water supply allows the Town, as a last resort, to continue diverting from Brush Creek in an amount of 125 AF/yr without further impacting the streamflow conditions below the Town's municipal gravity system. GOAL NO.2: PROTECT AND IMPROVE THE QUALITY OF BRUSH CREEK AND ITS TRIBUTARIES Policy No. 3: Maintain Brush Creek streamflow standards and use classification as designated by the Colorado Department of Public Health and Environment. Strategies: 1. Control and/or minimize the input of sediment, stormwater runoff, nutrients and other pollutants to Brush Creek through implementation of the Town's Municipal Watershed Protection Ordinance. Section 12.24 of the Eagle Municipal Code. 28 Under Town Municipal Code 12.24.030, the Town is directed to exercise regulatory and supervisory jurisdiction over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal supplies are diverted. The authority to implement this regulation arises from State Statute 31- 15-707(b) and is commonly referred to as the "municipal watershed protection ordinance". The purpose of the Statute is to provide local municipal governments with a procedure to protect their domestic water supply. The ordinance is not intended to be a tool to regulate land use activities; such activities will continue to be regulated by the County, federal government, or other entity with jurisdiction over land use activities within the 5 mile zone of influence. The Town, however, can enforce water quality regulations or activities that create a foreseeable risk of injury to the Town's water supply intake. Such regulations might include; implementation of site specific Best Management Practices(BMP's), grading plans, revegetation requirements and limits on herbicides or other potentially hazardous materials. The Town will take the following actions. a. Update the Town's jurisdictional map (5 mile radius) and maintain such map on file in the Town Clerk's office. The jurisdictional area is shown in Figure 10. b. Distribute a copy of the Town's jurisdictional map to Eagle County, the Bureau of Land Management and the U.S. Forest Service with an alert that the Town will require review of any proposed activities that fall within the 5 mile jurisdictional zone. c. Under the municipal watershed protection ordinance, develop a list of prohibited activities and activities that the Town will require notice and permitting. d. Develop a permit application form and fee. The application forms should outline the specific information needed from the Applicant to facilitate evaluation by the Town. 29 I "Wade fie'd P •tectiori 1 ` 'i 4^e�-c Walcott ' Jurisdictional •undary� I 5 Mile Zone of In .rice k° h Surr piiing thetown.f Eagle's �; (vl(1�f tpal Dive -ions , ��,- �,��! �; Brush Creek 170 },. '" EAGLE A ,: .„ Watershed w, G f Edwards Q � r 4S '/As 1, �� M, 1 II „- � �a�� `a a+wrvt I 1 _ i :�, �, 1 i t. V 1 rn 66',„, ;, r to , - . t- .� v ,1t,'''' / AkN•�4r k � ,,,,,.„.;„.:7,„ - r.,.. �'"' \:\ v(P§ jai' t v..4,a. rte- TYPE of LAND USE it l � United States Forest Service ,$ n - l AiL ({ky t, I� Bureau of Land Management �,A " State of Colorado a Department of Natural Resources - -• _ ,u try Private - � 1 -�� 1-,.,,,, 4.2 - a ,1-;-: 0urM of l- ar { r, ,-..,aw cnb.. I , i, '..4-1 \I i\---- +,,, , „,t'''''''','” f r” 1. ,',.,k, //11' ! ^X-- a 1 i rte,,. 1 I t i I } r �� i ✓ _ , C 1 I 1wr j ,a? � t l ,3 r - t '„ 1. iS , i l: ;r �, s Source.USGS 100k Maps Figure 10 Watershed Protection Jurisdictional Boundary Brush Creek Watershed Management Plan Miles - Date'.03-18-2011 RESOURCE f� FIie:161-130 ENGINEEFING.iNC. Drawn:ANM ...f,„..,,,,,::::,......,,,-„,,,,,,....,.., ,,,..„............w��.... 0 0.5 1 2 3 4 5 Approved:RSF Policy No. 4: Impacts from development will be mitigated so that environmentally sensitive areas are protected and stream health can be maintained. Strategies: 1. Utilize the Analysis Mapping in the Eagle Area Community Plan to identify which critical lands to conserve and address impacts through the development review process. 2. Continue to restrict new development in floodplains and riparian areas with a 75' minimum setback. Require site-specific studies to ensure full protection of water quality,wildlife habitat and visual/aesthetic qualities. 3. Explore development incentives to encourage and assist landowners in the protection of river/stream corridors and wetlands. These incentives might include flexibility in site development and TDR programs. 4. Implement vegetation and tree protection standards which require developers to document the extent and type of vegetative cover on a site, and preserve (a specified percentage)of such cover. Require appropriate revegetation as a result of grading and excavating. 5. Restrict development on steep slopes, areas with geologic hazards, wildlife habitat areas, and areas with erosive soils and/or mud flows. 6. Implement educational programs about wildlife habitat. GOAL NO.3: PROMOTE WATER MANAGEMENT PRACTICES THAT CONSERVE AND PROTECT THE NATURAL RESOURCES OF THE WATERSHED Policy No. 5: Protect and improve the stream health of Brush Creek. Strategies: 1. Promote the protection of stream banks and vegetation within the Brush Creek "water influence zone" through education and cooperation with local land owners. The "water influence zone" is the area 100 feet to either side of the ordinary high water line. 31 2. Work cooperatively with other governmental entities to promote land use activities that minimize adverse impacts to the Brush Creek watershed. In 1999, the consortium of Colorado State Parks, Eagle County, and the Town of Eagle provided funding to purchase from the Kummer Development Corporation all private lands in the East and West Brush Creek valley floors. The purchase ended several decades of proposed land use scenarios ranging from a large ski area with attendant base area development to dividing the acreage into 35 acre parcels for small residential development. The result of the land purchase was to expand the Sylvan Lake State Park from a small reservoir site to a more significant state park. The Colorado Division of Parks has planned and implemented a lower impact park that results in dramatically less watershed impact than the formerly proposed land uses. 3. Utilize funds from the Eagle Ranch property transfer tax and associated Eagle Ranch Wildlife Mitigation fund to help restore and improve the health and aquatic resources of Brush Creek. Recently, the Town of Eagle in cooperation with the Eagle Ranch Association, Colorado Division of Wildlife and local property owners used available funds from the Eagle Ranch property transfer tax and the wildlife mitigation fund to improve the health of Brush Creek along 3.5 miles of stream through the Town. The project helped create gravel bars, pools, and riffles to help improve the fishery resources. The project also helped to stabilize eroding stream banks. An example of the types of improvements made through this project are show in the before and after photographs in Figure 11. 32 Figure 11 Eagle Ranch Wenitis o idlfn B e MirtuisghatciorneeFkund Before Project Bank Erosion 1011' ‘,1 • After Improvement Work Bank Stabilized with Willows and Rock 4%,ir`Or " • • „„. , ' ' 7.:4:2"*.■ •Si"..#0::f,47.1*.44.*.!7/ " ** • 7.... "• Insappf.:, = fi " ■.` , • vr" ZA. ■•■ , - .\/th+ + Town of Eagle Photographs MRESOURCE M=ENGINEERINC,iNC 6.0 CONCLUSION The Brush Creek Management Plan is the culmination of two decades of efforts: the evaluation of Brush Creek hydrology, acquiring significant water rights within the basin, negotiation and establishment of agreements with major land owners and state agencies, and establishment of ordinances and policies —all with the objective to maintain and improve the health of the Brush Creek Watershed. The plan summarizes various agreements, ordinances, and policies of the Town of Eagle. The document is designed to meet the needs of educating the public of the Town's efforts, provide a useful guide to policy makers of the Town, and serve as a guide for future land use decisions. The plan will need to be updated from time to time, as further changes to the nature of the valley occur. 34 EXHIBIT G EQUIPMENT 1. 1987 Ford Backhoe 555-B 2. 1998 24' Circle D Trailer,Tandem Axle 3. John Deere—Round Bailer 4. Lincoln Arc Welder Trailer 5. 1037 NewHaulin' Stackliner, 104 bale capacity 6. 300 GM Kuhn rake 7. 2011 John Deere 956 Mower 8. 2011 John Deere 348 Square Bailer 9. Hesston 4570 Square Bailer 10. Herbicide Tank,mounts on tractor 11. Enorossi Doubler Hay Rake 12. V-Ditcher 13. John Deere 2640 Tractor plus mower deck attachment 14. Tiger Line Car Hauler Trailer 15. John Deere 4255 Tractor and Rhino 16. John Deere 7600 17. John Deere 4320 18. John Deere mower 19. Two(2)2004 John Deere All Terrain Vehicles (ATVs) 34 EXHIBIT H TENANT'S INSURANCE CERTIFICATE(S) 35 EXHIBIT I MAP SHOWING LOCATION OF HOUSE 1,HOUSE 2 AND SHANTY TOWN 36 Exhibit I s i`. CO House 1 610;1 N 1�l 04 House 2 ri n `&w co dy % a i Recreation Access Envelope (5.88 Acres) Hardscrabble Ranch Phyiscal Address: 4626 Brush Creek Rd Open Space: Recreation Access !.!.!A Existing Structure Envelope Parcel Boundary Exhibit B Ranch Sublease RANCH SUBLEASE (Eagle County/Bowdrie Maurello-Hardscrabble Ranch,Eagle County,CO) This Ranch Sublease("Agreement")is entered into as of 2017 by and between Eagle County,Colorado,a body corporate and politic,by and through its Board of County Commissioners,hereinafter"Landlord"or"County"and Bowdrie Richard Jack Maurello,hereinafter "Tenant"or"Manager". Landlord and Tenant shall each individually be referred to as a"Party"and shall jointly be referred to as the"Parties". RECITALS WHEREAS,The Conservation Fund("TCF"),a Maryland nonprofit corporation is the owner of certain real property,lying and situated in Eagle County,Colorado,known as the Hardscrabble Ranch property that is more fully described in Exhibit A which is attached hereto and incorporated herein by reference(the"Property").The Property includes the House and Ranch Headquarters each defined below;and WHEREAS,TCF intends to preserve the Property by encumbering the Property with a conservation easement to be held by the Eagle Valley Land Trust(hereinafter the"Conservation Easement");and WHEREAS, after the Conservation Easement is recorded against the Property,TCF intends to convey the Property to County and the County intends to acquire fee title to the Property from TCF; and WHEREAS, it is anticipated that the County will acquire fee title to the Property on or before December 31,2017; and WHEREAS,TCF is a non-local entity and wishes there to be a continuing presence on the Property during its ownership of the same; and WHEREAS,TCF has therefore entered into a Ranch Lease with County through which the County leases the Property and all improvements and appurtenances thereon from The Conservation Fund; and WHEREAS,County desires assistance with the management and operation of the Property as a working ranch including irrigating the Property,grazing livestock,and production and removal of crops from the Property,all upon the terms and conditions contained herein; and WHEREAS,Tenant is familiar with the Property and desires to enter into this Agreement so that Tenant can reside on and operate and manage the Property in accordance with the terms of this Agreement; and WHEREAS,TCF has consented to this Ranch Sublease. AGREEMENT NOW,THEREFORE,for and in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties hereby agree as follows: 1. Demise. During the period that the Property is owned by TCF, County hereby subleases to Tenant and Tenant hereby subleases from County,the Property together with any appurtenances and improvements thereon. If not earlier terminated as provided herein,upon conveyance of fee title to the Property from TCF to County,County shall continue to lease the Property and any appurtenances and improvements thereon to Tenant,in accordance with the terms and conditions set forth herein and this sublease shall then be considered a lease(rather than a sublease)between the Parties.The Parties agree that as recreational amenities are added to the Property by County, the same shall be excepted from the definition of Property by an amendment to this Agreement as set forth in paragraph 12. 2. Term.The term of this Agreement is twenty-nine(29)months, such term beginning on August 1, 2017 and ending at 12:00 a.m. midnight on December 31,2019 unless terminated earlier as set forth herein("Term"). 3. Rent.The rent("Rent") for the Term hereof is Thirty-Six Thousand Two Hundred-Fifty Dollars ($36,250).For the period from August 1,2017 through December 31,2017,Rent is payable in equal monthly installments of One Thousand Two Hundred Fifty Dollars($1,250)on or before the first day of each month.For the period of January 1,2018 through December 31,2018 Rent in the amount of fifteen thousand dollars($15,000)is due and payable for the year on or before December 31,2017.For the period of January 1,2019 through December 31,2019 Rent in the amount of fifteen thousand dollars($15,000)is due and payable for the year on or before December 31,2018.Rent shall be made payable to Eagle County and shall be delivered in person to the Eagle County Open Space Director's Office located at 500 Broadway,Eagle,CO 81631 or mailed via United States Postal Service to Eagle County Open Space Program,P.O. Box 179, Eagle,CO 81631. Tenant shall not be entitled to withhold or offset the amount of Rent due hereunder. In addition to the Rent,which is payable as set forth above,Tenant shall be responsible for operating and managing the Property as set forth herein. 4. Late Charge and Penalty. In the event any payment of Rent is not made within five(5)days after the date any payment is due,Tenant shall pay Landlord a late charge in the amount of One Hundred Dollars($100.00),as an additional payment.The Tenant also agrees to pay the Landlord an additional charge of Fifty Dollars($50.00)for each returned check and if any check is returned Landlord has the right to require that all payments be made by money order,cashier's check and/or certified check. No acceptance by Landlord of a partial payment of Rent shall prohibit Landlord from pursuing Landlord's remedies under Paragraph 23. 2 5. Security Deposit.Upon execution of this Agreement,Tenant will deposit with Landlord and Landlord will hold the deposit during the Term,the sum of Two Thousand Dollars ($2,000)(the "Deposit").The Deposit shall be retained by Landlord as security for the payment by Tenant of the Rent and for the timely performance by Tenant of Tenant's covenants and obligations under this Agreement. If at any time Tenant defaults in the payment of Rent or any other obligations under this Agreement,Landlord shall have the right to use the Deposit in payment of any Rent then due or payment of any damages suffered by Landlord as a result of Tenant's default. Without limiting the foregoing,Landlord shall have the right to use the Deposit in payment for any cleaning and repair of the House(defined below)if the House is not left in the condition required by paragraph 24.However,in no event shall Landlord's use of the Deposit release Tenant from any liability for the difference between the actual damage or loss of Rent sustained by Landlord and the amount of the Deposit retained by Landlord.At no time shall Tenant be entitled to use the Deposit in lieu of the payment of Rent. In the event that prior to Tenant's surrender of the Property Landlord applies any portion of the Deposit as permitted by this paragraph,Tenant shall replace the amount of the Deposit so applied upon written demand by Landlord.Unless otherwise required by applicable law,Landlord shall refund any unused portion of the Deposit to Tenant,without interest,together with a written accounting of any portion retained no later than sixty(60)days after Tenant's surrender of the Property. Landlord shall mail the written statement and any refund of the Deposit to Tenant at Tenant's last known address. 6. Use of the Property. a. Tenant shall use and occupy the Property exclusively for agricultural operations consistent with recent uses and other uses approved by Landlord as being consistent with ranching operations and preservation of the open space and recreational values of the Property as identified in the Conservation Easement. b. The"Ranch Headquarters"is an approximately eighteen(18) acre area located on the Property and includes the House,barn,corral,areas for hay storage and the like.The Ranch Headquarters is depicted on Exhibit B which is attached hereto and incorporated by reference. The Ranch Headquarters shall be used to support the agricultural operations identified in paragraph 6.a.above. c. Tenant shall use the single-family house located at 4381 Brush Creek Road,Eagle, Colorado(the"House") solely for residential purposes during the Term of this Agreement unless earlier terminated as set forth herein. The House is located on the Property and within the Ranch Headquarters. 7. House. The Parties agree as follows with respect to the House: a. The House shall be used and occupied by Tenant and Tenant's immediate family currently consisting of Tenant and Tenant's daughter,exclusively as a private single- family dwelling.No part of the House shall be used at any time during the Term of this • 3 Agreement to carrying on any business,profession,or trade of any kind,or for any purpose other than as a private single-family dwelling. b. Tenant shall not allow any other person,other than Tenant's immediate family or transient relatives and friends who are guests of Tenant,to use or occupy the Premises for a period of more than fourteen(14)consecutive days without first obtaining Landlord's consent to such use. c. Tenant shall keep the House in habitable condition and shall not make any alterations or additions to the House without Landlord's prior written approval,which approval may be withheld in Landlord's sole discretion. d. Tenant shall be entitled to have up to but no more than three(3)dogs on the Property. e. Tenant shall keep the House in good,clean and sanitary condition and appearance,free from dirt,filth,waste,or any dangerous materials or objectionable odors. f. Tenant shall not change or alter the locks for the House without Landlord's prior written approval and upon signing this Agreement shall provide Landlord with a set of keys to the House. g. Tenant shall not commit,permit or suffer any objectionable or disorderly conduct,noise or nuisance whatsoever in the House or on the Property. h. Tenant represents and warrants that Tenant has examined the House and that at the time of entering into this Agreement,the same is in good order,repair,and in a safe,clean and tenantable condition. 8. Utilities Associated with the House and Property.The Tenant shall place and maintain all separately metered or billed utilities in the Tenant's name effective on or prior to the commencement of the Agreement,and shall timely pay all such utility bills during the Term of this Agreement,as bills become due. The costs of the utilities shall not offset any Rent payable hereunder.Utilities include without limitation,electricity,fuel,oil,gas,telephone,trash collection,snow plowing,lawn mowing,water,sewer and septic service,cable or satellite television,internet connection fees and any other such services associated with the Tenant's use and management of the Property and House.Tenant acknowledges that Landlord is not responsible for interruptions in service provided by any utility serving the Property.Tenant shall also be responsible for having utilities to the old care taker residence known as"House 1"and the adjacent structure known as"House 2"shut off. House 1 and House 2 are located on the Property and are depicted on Exhibit I. 9. Repair and Maintenance of the House and Buildings.Landlord shall maintain and repair all components of the House and other buildings located on the Property,including exterior walls, floors,ceilings,wiring,plumbing,interior walls,fixtures and windows,and appliances,except to 4 the extent any of the foregoing are damaged by Tenant,in which event Tenant shall have the obligation to promptly repair such damage as set forth in paragraph 14. Upon termination of this Agreement,Tenant shall deliver the House and buildings located on the Property to Landlord in the condition required by paragraph 24. a. Tenant is responsible for routine maintenance such as lawn mowing,pruning shrubbery and tree trimming in the Ranch Headquarters. b. Tenant shall not deliberately or negligently destroy,deface,damage,impair or remove any part of the House or other buildings located on the Property,nor permit any person to do so.The Tenant shall pay for any repairs or replacements made necessary due to deliberate or negligent acts of the Tenant,Tenant's family,guests,invitees,employees or pets as set forth in paragraph 14. c. Tenant shall maintain the House and other buildings located on the Property in a clean and sanitary condition and disposing of all trash,garbage and waste in appropriate and required receptacles. d. Tenant shall use and operate all appliances,equipment and systems in a safe and reasonable manner and so as not to overload any system. In the event the plumbing at the House is frozen or obstructed due to the negligence of the Tenant,Tenant's family,guests or invitees,the Tenant shall immediately repair the frozen pipes or clear such obstruction and shall pay all costs associated with repair of frozen pipes or clearing of such obstruction and any additional costs associated with repair(i.e.,drywall,carpets,etc.). e. Tenant shall furnish and replace all light bulbs,fuses and filters as needed and will change furnace filters at least once every six(6)months. f. Tenant shall be responsible for clearing stoppage of all drains and toilets;and maintenance of all carpeting and flooring in a clean and good condition; and replacement and payment for glass and screen breakage. g. Tenant shall be responsible for removing ice and snow from all walks, steps and drives; maintaining exterior gutters,drains and grounds free of leaves and other debris within the Ranch Headquarters. h. Tenant shall be responsible for reporting to Landlord any defect,damage,or breakage. Failure to report shall make the Tenant liable for the repair of any additional damage. This provision does not obligate the Landlord to repair or correct such defects,breakage, malfunction or damage. i. Tenant shall be responsible for control and elimination of household pests including roaches and rodents from the House. 5 j. Tenant shall not remodel,make any structural change,alteration,addition,or decoration, including painting to the House or any building or new improvement on the Property without Landlord's prior written consent.Any and all alterations,changes,and/or improvements built,constructed or placed on the Property by Tenant shall,unless otherwise provided by written agreement between Landlord and Tenant,be and become the property of Landlord and remain on the Property at the expiration or earlier termination of this Agreement. k. Tenant shall not install,attach,remove or exchange appliances or equipment such as air conditioning,heating,refrigeration,TV antennas,wood burning stoves,fireplace inserts or kerosene heaters without the Landlord's prior written consent. 1. Tenant shall not change or alter the locks for any building located on the Property without Landlord's prior written approval and upon signing this Agreement shall provide Landlord with a set of keys to any building. m. Tenant acknowledges that Landlord may arrange for the removal of the House 1 and/or House 2 from the Property as well as the stalls and corrals known as"shanty town". The area known as shanty town is also depicted on Exhibit I.Tenant will cooperate with Landlord and shall remove any personal property,including that of any authorized sublessee to allow for the removal of the structures. 10. Personal Property. Tenant acknowledges that the House is unfurnished and Tenant shall be responsible for furnishing the same. Tenant acknowledges and agrees that Landlord shall not be liable for any damage or loss suffered to the personal property of Tenant,Tenant's family,guests or invitees located on the Property or Tenant's interest in the Property which may arise by theft or any fire,explosion,leakage of water into the House or any building located on the Property,or from any other casualty,act of vandalism, act of God or other similar event. In all respects, Tenant,Tenant's family, guests and invitees assume all risk of damage to their personal property or other property interests of Tenant.Tenant shall maintain renter's insurance at its sole cost and expense. 11. Management of the Property. County is entering into this Agreement in reliance upon the expertise of Tenant as a ranch manager.Tenant shall manage the Property in accordance with the following at his sole cost and expense,unless otherwise set forth herein: a. Conservation Easement. Tenant acknowledges that TCF intends to encumber the Property with a Conservation Easement to be held by the Eagle Valley Land Trust. Tenant will be provided with a copy of the Conservation Easement at the time the Conservation Easement is executed by TCF and Eagle Valley Land Trust and the Conservation Easement shall be attached hereto as Exhibit C. It is a condition and requirement of this Agreement that Tenant comply with the terms of the Conservation Easement and manage the Property in accordance therewith at all times during the Term hereof. 6 b. Agricultural Use.Tenant shall manage and operate the Property for agricultural purposes as set forth in paragraph 6.a. Agricultural production shall continue during the entire Term of the Agreement consistent with accepted best agricultural practices and the Annual Operating Plan(defined below). c. Annual Operating Plan.An Annual Operating Plan will be prepared by the Landlord with input from the Tenant(the"Annual Operating Plan"or"Plan"). The Plan will establish specific timelines,protocols,and procedures for effective operation of the Property.Tenant must comply with the requirements and recommendations set forth in the Plan,as amended from time to time. The Plan will be evaluated annually during a scheduled onsite meeting between Tenant and Landlord,at which time changes to the Plan may be discussed. Notwithstanding the foregoing,nothing herein shall preclude the Parties from meeting and amending the Plan more frequently.Any amendments to the Plan shall be set forth in writing by Landlord and will be signed by each Party,and the same shall become a part of this Agreement. Tenant understands and agrees that failure to abide by the terms of the Plan may be grounds for termination of the Agreement in the Landlord's sole discretion.The Annual Operating Plan for the period from August 1, 2017 through August 1,2018 is attached hereto and incorporated herein as Exhibit D and the same is acceptable to each Party.The Parties shall meet prior to August 1,2018 to identify and discuss any amendments to the Annual Operating Plan and more frequently if desired. d. Weed Control.Tenant shall maintain the Property in a manner that controls the spread of noxious weeds as defined in the Colorado Noxious Weed Act and in accordance with the Eagle County Weed Management Plan. Control methods may include herbicide applications,mechanical control,and biological controls all of which must be approved in advance by Landlord.If the application of herbicides is desired by Tenant and approved by Landlord,Landlord will pay for the herbicides and Tenant will apply the herbicides in a manner consistent with manufacturer's specifications. Tenant shall also comply with the Water Quality Monitoring and Management Plan and Brush Creek Watershed Management Plan,as applicable when applying herbicides to the Property. Tenant shall take immediate action to control weeds in those areas identified in the Annual Operating Plan. e. Pest Control.Tenant may engage in control of pests or predators only with written approval from the Landlord. Methods for control of pests or predators may be set forth in the Annual Operating Plan. f. Fertilizers.The application of fertilizers will be based upon recommendations from the CSU-Extension and must be applied in accordance with the Water Quality Monitoring and Management Plan and Brush Creek Watershed Management Plan,as applicable. The type,amount and timing of fertilizer applications may be contained in the Annual Operating Plan. Tenant is responsible for the cost and application of fertilizers. 7 g. Livestock.The Property may be used for grazing horses and cattle in accordance with the Annual Operating Plan.Livestock shall be penned or pastured and rotated to minimize soil erosion or the destruction of pasture grasses.Landlord may require,at Landlord's cost and expense,portions of any riparian area on the Property to be fenced temporarily or permanently to restore and protect wetland habitat and fisheries all as determined by Landlord in its sole discretion. Landlord may,in its sole discretion and at its cost, require that a grazing management plan be developed for the Property by NRCS,CSU- Extension or other qualified contractor to be chosen by the Landlord. Any grazing management plan developed for the Property shall be made a part of this Agreement and Tenant is required to follow requirements and guidelines contained in that plan. i. Landlord shall not own or be responsible for any livestock maintained by Tenant or his sublessees on the Property.Tenant hereby waives and relinquishes any and all claims,suits and actions it may now have or hereafter acquire against Landlord in connection with Tenant's ownership of and grazing of livestock on the Property. 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 including Landlord's installation of recreational amenities and improvements. h. Subleasing. Tenant is permitted to sublease the Property solely for the purpose of pasturing cattle and horses and only with advance written approval from the Landlord. The Landlord shall approve the form of sublease to be used by Tenant. Subleasing for purposes other than pasturing cattle and horses is not permitted and any such sublease shall be void. Proceeds generated from approved subleases may be retained by the Tenant.All subleasing and associated use of the Property shall be in accordance with this Agreement. i. Vehicle and Machinery Storage.The storage of vehicles or machinery not actively used as part of the agricultural operation of the Property is prohibited.Maintenance and storage of vehicles or agricultural machinery used as part of the agricultural operations on the Property may occur in the Ranch Headquarters.Any spill or loss of any fluid associated with vehicles or agricultural machinery must be collected and disposed of off the Property in a manner consistent with applicable law. j. Vegetation. Existing wetlands,willows and brush areas are not to be disturbed or cut except as specifically allowed in writing by the County or as incorporated in the Annual Operating Plan. Landlord may during the Term of this Agreement,fence at its own expense,certain portions of Brush Creek to protect streambanks and wetland habitat. The condition of the vegetation will be monitored by the Landlord annually. k. Emblements.Tenant shall be entitled to plant hay in accordance with the Annual Operating Plan. Other crops may be planted with prior approval of Landlord in its sole 8 discretion. So long as Tenant is not in breach of this Agreement,Tenant is entitled to sell and retain the profits of any crop produced on the Property during the Term hereof. If this Agreement is terminated due to a breach of this Agreement by Tenant,Tenant is entitled to retain any hay that has been cut and baled but uncut or unbaled hay shall become the property of Landlord. i. Landlord shall not be responsible for emblements produced or cultivated by Tenant on the Property.Tenant hereby waives and relinquishes any and all claims,suits and actions it may now have or hereafter acquire against Landlord in connection with Tenant's production and cultivation of emblements on the Property.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 including Landlord's installation of recreational amenities and improvements. 1. Fences. Except as otherwise set forth herein,Tenant shall be responsible for maintaining all fences and gates in working condition during the Term of this Agreement at his sole cost and expense.Tenant shall not place locks on any gates without Landlords consent and without providing the combination or additional set of keys to Landlord.Tenant shall supply Landlord with the combination or set of keys for any existing locks. Specific management actions regarding areas or reaches of fence may be addressed and changed within the Annual Operating Plan. Tenant acknowledges and agrees that Landlord may require Tenant through the Annual Operating Plan to modify existing fencing or install new fencing to reduce wildlife entanglement risks by adjusting fences to comply with Colorado Parks&Wildlife"Wildlife Friendly Fence Standards". m. Water Rights. Landlord either owns or is entitled to use the water rights identified on Exhibit E for irrigation of the Property("Water Rights").Tenant acknowledges and agrees that use of the Water Rights and documentation thereof is critical to the Landlord. Water Rights shall be used as set forth in the Conservation Easement and in accordance with the Brush Creek Watershed Management Plan which is attached hereto and incorporated herein as Exhibit F and in accordance with the Water Quality Monitoring and Management Plan,as applicable. i. Maintenance of Ditches and Related Infrastructure. There are multiple ditches and related infrastructure affecting the Property.The ditches are used to transport and deliver water to the Property and to other properties owned by third parties. Tenant agrees to maintain the ditches,laterals,tail runs,and related infrastructure(i.e.pipes,flumes, splitter boxes,head gates and all other infrastructure associated with the use and delivery of water)located on the Property in good working condition.Tenant will coordinate with Landlord such that the Tenant will perform the work and Landlord will provide supplies and materials for ditch maintenance,subject to a budget approved and authorized by Landlord in its sole discretion. Irrigation activity may be temporarily suspended 9 if a ditch,lateral,pipeline or other irrigation delivery system becomes inoperable or is damaged.Tenant shall not alter,add to or modify the ditches or related infrastructure without Landlord's prior written consent,which consent Landlord may withhold in its sole discretion. Maintenance shall include,but not be limited to,burning(with advance notice to and permission from Landlord),cleaning,and dredging ditch courses,clearing pipelines,keeping head gates and diversion structures in good working condition.All irrigation infrastructure,equipment and improvements remain the property of the Landlord.Nothing herein shall preclude Landlord from piping,modifying or otherwise altering the ditches located on the Property. ii. Water Quantity. If, during the Term of this Agreement,Tenant becomes aware that all or a part of the Water Rights are not being delivered to the Property,then Tenant shall make reasonable efforts to communicate with other authorized users of the affected ditch or ditches to solve the problem. Tenant will notify Landlord of any such issue and how the same was or will be resolved within a reasonable time of Tenant becoming aware of the problem. If Tenant's efforts to communicate with other authorized users of any ditch should fail to timely solve the water delivery or water quantity issues, then Tenant shall immediately alert Landlord who will work to resolve the issue. iii. Record Keeping. Tenant agrees to maintain detailed records consistent with historical practice regarding use of the Water Rights on the Property including water diversions or delivery amounts to specific areas of the Property.Landlord may require Tenant to maintain more frequent or different records if required by Landlord's water engineer or water attorney. Tenant shall deliver the records or copies thereof to Landlord or other third parties upon request. Tenant agrees to cooperate with Landlord in providing other information that may be requested by Landlord,its water engineers,or government agencies in connection with the use of the Water Rights and operation of the ditches on the Property. n. 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 disking and tilling must be approved in advance by Landlord. o. Hunting.Tenant is not permitted to guide hunters on the Property. Hunting on the Property is prohibited whether by the Tenant,his guests,invitees or the general public. Tenant will make Landlord aware of any potentially unlawful hunting activity on the Property. p. No Dumping and Hazardous Substances.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 10 and Liability Act(CERCLA),42 USC 9601.Tenant shall not dispose of trash,garbage, rubbish or refuse on the Property. q. Use of Equipment. Tenant may use the equipment identified on Exhibit G during the Term of this Agreement.Upon expiration or termination hereof the equipment shall remain on the Property and shall remain the Property of Landlord. Tenant shall be responsible,at its sole expense, for the maintenance and costs of operating the equipment during the Term. r. Other Maintenance.Tenant shall not permit any portion of the Property to be used in a manner which may endanger the person or property of Landlord.Further,during the Term of this Agreement Tenant shall be responsible for maintenance of the Property including any improvements or buildings located thereon. 12. Public Recreation Uses and Recreation Infrastructure.Tenant understands and agrees that Landlord intends to allow and develop amenities for public recreation on the Property,the location of which will be determined in Landlord's sole discretion. Such amenities may include but not be limited to paved recreation paths,unpaved trails,parking,and fishing access. Landlord and its consultants,contractors,employees and agents shall be entitled to access the Property at all reasonable times to plan for, study,identify the location or locations of possible public amenities and construct the same on the Property. The general public shall be entitled to use such amenities as determined by Landlord in its sole discretion and without interference from Tenant. In the event the Landlord intends to construct an amenity on the Property,the Landlord will provide advance written notice to Tenant. Further,when any portion of the Property becomes unavailable to Tenant in order to accommodate public recreational use,then such portion of the Property will be identified in writing and removed from this Agreement by an amendment hereto. In such event,Tenant's Rent will be reduced by five dollars($5.00)for each acre removed from the Agreement. By way of example,the Rent for the Term is $36,250. If 50 acres were to be removed from the definition of Property then the Rent would be reduced by$250(50 acres x$5= 250). $36,250-$250=$36,000 or$1241.37 per month or$14,896.44 on an annual basis. a. Tenant shall not obstruct driveways,recreation paths or private roads. b. Tenant agrees to make Landlord aware if he observes any improper use of the Property. c. Tenant will modify grazing patterns and its other use of the Property to accommodate any public amenity or public use. d. Landlord will be responsible for maintaining recreational amenities installed by it. 13. No Mortgage. Tenant shall not pledge,mortgage or cause any lien to be recorded against the Property during the Term of this Agreement. 11 14. Damage to the Property. Tenant shall be responsible for any damage to the Property,or any portion thereof,caused by the acts or omissions of Tenant or Tenant's family,occupants,agents, employees,guests,or invitees. In the event of such damage,Tenant shall immediately notify Landlord. Landlord may,at its sole option,require Tenant to repair such damage at Tenant's own cost and expense,or Landlord may repair such damage and charge the expense thereof to Tenant. Tenant's obligations under this paragraph 14 shall survive termination of this Agreement. 15. AS IS/WHERE IS. Tenant acknowledges and agrees that he has had an opportunity to fully inspect the Property and investigate the physical,environmental,and condition of the Property,as well as the financial and economic feasibility of the Property and that he is leasing the Property in its present"As Is""Where is""With all Faults"condition and without reliance on any representation or warranty,whether express or implied,arising by operation of contract,statue or otherwise from Landlord or TCF. Landlord and TCF do not make, and each specifically disclaims any warranty or representation,either express or implied,whether arising by statute, contract or otherwise,as to the habitability or condition,merchantability or fitness for a particular purpose or fitness for use of the Property or any portion thereof for agricultural purposes.Neither Landlord nor TCF shall be liable for,and Tenant hereby waives and relinquishes any and all claims, suits and actions it may now have or hereafter acquire against such parties in connection with,any consequential,special,punitive or exemplary damage Tenant may suffer or insure as a result of this Agreement or any breach or default by Landlord under this Agreement.Landlord makes no guarantee of the productivity of the Property and assumes no liability for any condition, visible or not,which may affect agricultural productivity of the Property. Tenant,by his signature below accepts the Property in its AS IS/WHERE IS condition. 16. Casualty or Condemnation. If during the Term of this Agreement the Property is materially damaged by a fire or other casualty,or any material portion or the Property shall be subjected to a bona fide threat of condemnation,either Party may terminate this Agreement by giving the other Party at least thirty(30)days'prior written notice thereof,in which case the relative obligations and duties of the Parties shall be apportioned to the date of termination. Landlord shall have the sole right and authority to make any settlements for any insurance proceeds for any casualty or for any condemnation action or any condemnation proceeds or awards that may arise therefrom, and in no event will Tenant have any claim or interest in any such insurance or condemnation proceeds or awards. 17. Taxes. County is tax exempt. Tenant shall be responsible for all taxes attributable to this Agreement and agricultural or other production and sales based activities conducted by Tenant on the Property. 18. Right of Entry. Landlord reserves the right for itself,its agents,consultants,contractors and employees to enter the Property for any reasonable purpose at any reasonable time including Landlord's right to identify,locate and install recreational amenities and to make such other improvements as the Landlord shall deem necessary.Eagle Valley Land Trust,its employees and consultants are authorized to enter the Property for the purpose of monitoring,enforcement and as otherwise authorized by the Conservation Easement.Except in exigent or emergency 12 circumstances,Landlord shall give at least 24 hours' notice before inspecting the House,but no formal notice is required for Landlord to inspect or perform work on any other portion of the Property. 19. Existing and Future Easements. Tenant shall not interfere with the use of any existing easements or encumbrances or any future easements,including the Conservation Easement,on, across,under or over the Property that may be granted or determined necessary,as determined by Landlord in its sole discretion. 20. Compliance with Laws and Governmental or other Legal Requirements. Tenant shall,at his sole cost and expense,comply with all federal,state and local laws,statutes,rules,regulations, ordinances and other legal requirements applicable to Tenant or the Property and Tenant's use and occupancy and operations thereof and thereon,and Tenant shall at his sole cost and expense comply with all federal,state,and local authorizations needed to manage,lease,operate and maintain the Property. 21. Insurance. Tenant shall procure and maintain for the entire Term of this Agreement,insurance against claims for injury to persons or damage to property which may arise from or in connection with his occupancy,use and management of the Property.The insurance requirements herein are minimum requirements for this Agreement and do not limit the indemnity covenants contained in this Agreement. a. Types 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. Worker's Compensation insurance as required by law and employer's liability insurance covering any employees acting within the scope and course of their employment,if any. 2. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired and non-owned vehicles. 3. General Liability coverage to include premises and operations,personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. 4. Renter's Insurance with coverage sufficient to cover Tenant's personal property located in the House or on the Property. b. Other Requirements. 1. The automobile and commercial general liability coverage shall be endorsed to include The Conservation Fund,Eagle County and the Eagle Valley Land Trust,their officials,directors,officers,employees,agents and volunteers as additional insureds. 13 2. Tenant's insurance coverage shall be primary and non-contributory with respect to all other available sources.Tenant's policy shall contain a waiver of subrogation against Eagle County,and The Conservation Fund,their officials,directors,officers,agents, employees and volunteers. 3.All policies must contain an endorsement affording an unqualified thirty(30)days' notice of cancellation to County in the event of cancellation of coverage. If the insurance company is not able to provide such an endorsement then Tenant shall supply such notice to Landlord. 4.Tenant's certificate(s) of insurance evidencing all required coverage is attached hereto as Exhibit H.Upon request,Tenant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five(5)business days of a written request from County, and hereby authorizes Tenant's broker,without further notice or authorization by Tenant,to immediately comply with any written request of County for a complete copy of the policy. 5. If Tenant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County,County shall be entitled to immediately terminate this Agreement. 6. The insurance provisions of this Agreement shall survive expiration or termination hereof. 7. The Parties hereto understand and agree that the County is relying on,and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to County,its affiliated entities, successors or assigns,its elected officials,employees,agents and volunteers. 22. Indemnification. Tenant shall indemnify and hold harmless County, The Conservation Fund,Eagle Valley Land Trust,and any of their associated and/or affiliated entities,successors, assigns,elected officials,officers,directors,employees,agents,volunteers,hereinafter collectively referred to as the "Indemnified Parties",from all losses,claims,damages or liabilities, that arise out of,directly or indirectly,this Agreement,or are based upon any performance or nonperformance by Tenant hereunder; and Tenant shall reimburse the Indemnified Parties for reasonable attorney fees and costs,legal and other expenses incurred by the Indemnified Parties in connection with investigating or defending any such loss, claim,damage,liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of Tenant.This paragraph shall survive expiration or termination hereof. 23. Landlord's Remedies and Termination.Time shall be of the essence for the performance, observance and discharge of Tenant's obligations and duties hereunder.In the event Tenant shall fail to pay any Rent or other sums owing to Landlord under this Agreement when due and payable,or shall commit any breach or default of Tenant's other obligations and duties under this Agreement,Landlord shall immediately have the right, at Landlord's election and at any time thereafter,to exercise any one or more of the following remedies: 14 a. Landlord may terminate this Agreement, effective at such time as may be specified by written notice to Tenant, and demand (and if such demand is refused, recover in accordance with applicable laws) possession of the Property from Tenant. In connection with any such recovery of possession, Landlord may repossess the Property and expel Tenant and any party claiming by, through or under Tenant, and remove the effects of both, using such force as may be necessary, without being liable for prosecution on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or other payment obligations or right to bring any proceeding for breach of covenants or conditions. Tenant shall be and remain liable to Landlord for all amounts owing as of the date of such termination, plus damages in an amount equal to the Rent and other sums owing from Tenant for what would have been the balance of the Term but for the termination, less any proceeds of any reletting of the Property by the Landlord following such termination or dispossession (after deducting from such proceeds all of Landlord's expenses of repossession and reletting). Upon such termination, all past due amounts shall be immediately due and payable to Landlord, and Landlord shall be entitled to collect and receive from Tenant the damages set forth above. Landlord shall in no way be responsible or liable for any failure to relet the Property, or any part thereof, or for any failure to collect any rent due upon such reletting. b. The remedies set forth herein shall be in addition to, and nonexclusive of, all other rights and remedies that may be afforded to Landlord at law or equity for any breach or default by Tenant under this Agreement, including, without limitation, any rights to recover other damages in addition to those prescribed above,plus any rights to specific performance or other equitable relief. In connection with any exercise of Landlord's remedies,upon demand, Tenant shall reimburse Landlord for all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith,which reimbursements shall constitute part of Rent hereunder. Landlord's exercise of any such remedy, whether expressly provided for in this Agreement or by operation of law, shall not prevent the concurrent or subsequent exercise of any other of such remedies. No notice to Tenant from or on behalf of Landlord under any forcible entry and detainer statute shall constitute a notice of termination of this Agreement unless such notice expressly states that Landlord is exercising its right to terminate this Agreement. 23.1 Termination a. During TCF Ownership of the Property. In the event TCF elects to terminate its Ranch Lease with County,then County shall provide written notice to Tenant specifying the date upon which this Agreement is terminated,which shall be not less than thirty(30)days from the date of the written notice,and Tenant shall vacate the Property and shall ensure that any subleases Tenant has entered into are promptly terminated.Tenant and any of his sublessees shall vacate the 15 Property,remove all personal property and leave the Property in the condition identified in paragraph 24 by the date specified in such written notice from County. b. Termination for Convenience.Landlord may,for its convenience and without cause, terminate this Agreement upon advance written notice to Tenant specifying the date upon which this Agreement is terminated,which shall be not less than ninety(90)days from the date of the written notice,and Tenant shall vacate the Property and shall ensure that any subleases Tenant has entered into are promptly terminated.Tenant and any of his sublessees shall vacate the Property,remove all personal property and leave the Property in the condition identified in paragraph 24 by the date specified in such written notice. 24. Surrender and Holding Over. Upon termination of this Agreement, Tenant shall surrender the Property in good condition and repair, normal wear and tear excepted, and otherwise in accordance with all requirements and provisions under this Agreement. In no event shall Tenant have any right to hold over following expiration or earlier termination of this Agreement. If Tenant fails to vacate the Property upon the expiration or earlier termination of this Agreement, Tenant shall be deemed to be a tenant at sufferance at a per diem rental rate of equal to twice the Rent as calculated on a per diem basis and, in addition and without limiting any of Landlord's other remedies hereunder, shall be obligated to Landlord for all liabilities, costs and damages incurred by Landlord as a result of such failure of surrender, including, but not limited to, liabilities to third parties entitled to occupy the Property upon such expiration or earlier termination. 25. Smoke Detectors and Carbon Monoxide Alarms. The House has a fuel-fired heater or appliance, a fireplace, or an attached garage and one or more rooms lawfully used for sleeping purposes (bedroom). Therefore, Landlord understands that Colorado law requires that Landlord assure the House has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each bedroom or in a location as required by the applicable building code, prior to offering the Property for lease or sale. Further, Tenant understands that Colorado law requires that no person may remove batteries from or in any way render inoperable such carbon monoxide alarm. Tenant acknowledges that all required carbon monoxide alarms are installed in the House and are operational as of the date of the Agreement and Tenant agrees not to disarm or in any way render such alarms inoperable during the Term. Tenant further acknowledges that a smoke alarm is installed and is operational as of the date of this Agreement and Tenant agrees not to disarm or in any way render such alarm inoperable during the Term. 26. Meeting in Advance of Expiration.Unless this Agreement has been previously terminated in accordance with the terms and provisions hereof,Tenant and Landlord shall meet at least nine(9)months prior to the scheduled expiration of the Term hereof to review the status of this Agreement. 27.Assignability.Tenant may not assign this Agreement.Any attempt to do so shall be void. 28. Venue,Jurisdiction and Applicable Law.Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the courts of Eagle County,Colorado,which shall be the forum for such litigation.This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 16 29. Severability. In the event that any provision of this Agreement shall be held to be invalid or unenforceable,the remaining provisions of this Agreement shall remain valid and binding upon the Parties hereto. 30. Integration and Modification.This Agreement represents the entire Agreement between Tenant and Landlord. This Agreement supersedes all prior negotiations,representations,or contracts,either written or oral. This Agreement may be amended only as set forth herein or by written agreement signed by both the Tenant and Landlord. 31. Records.Tenant shall maintain comprehensive,complete,and accurate books,records and documents concerning its performance relating to this Agreement for a period of three(3)years after the termination of this Agreement and the Landlord shall have the right to inspect and receive copies of these books, records and documents,upon demand,in a reasonable manner and at reasonable times. Tenant shall maintain a record of the(i)types of crops planted; (ii)the location of the crops on the Property and affected acreage; (iii)production and sales information for each crop; (iv)type and number of livestock; (v)where livestock are grazed on the Property and affected acreage; (vi) approved subleases affecting the Property including type and number of livestock and where the same are grazed on the Property and affected acreage. Tenant shall further maintain the records related to Water Rights as set forth in paragraph 11.m. and its subparts. 32.Waiver.Failure of Landlord to exercise any right or remedy granted under this Agreement shall not have the effect of waiving or limiting the exercise by Landlord,of any other right or remedy or the indication of such right or remedy at any future time. 33. Notice. Any written notice required by this Agreement shall by deemed delivered through any of the following: (1)hand delivery to the person at the address below;(2)electronic,or internet,to the address below;(3)within three(3)days of being sent certified first-class mail,postage prepaid,return receipt requested addressed as follows below.Notice by e-mail or internet delivery shall be deemed given upon receipt of a confirmation by sender and notice by personal delivery shall be deemed given when received. Landlord: Open Space Director Eagle County Open Space P.O.Box 850 500 Broadway Eagle,CO 81631 Email address: toby.sprunk(a,eaglecounty.us Phone: 970-328-8698 With Copies To: Eagle County Attorney's Office P.O.Box 850 500 Broadway Eagle,CO 81631 Email address: Bryan.TreuAeaglecounty.us 17 Phone: 970-328-8686 Tenant: Bowdrie Richard Jack Maurello P.O.Box 2383 Gypsum,CO 81637 Email address: Bowdriemaurello@gmail.com Phone: 970-367-3173 34. Survival of Indemnity and Payment Obligations. Each obligation to indemnify and hold harmless provided for in this Agreement and to pay any amounts accruing under this Agreement prior to the date of expiration or termination of this Agreement shall survive the expiration or termination of this Agreement. 35. Recording. Neither Landlord nor Tenant shall record this Agreement.A memorandum of this Agreement may be recorded at the election of Landlord. 36. Relationship of Parties. Neither anything in this Agreement nor any acts of the Parties shall be construed or deemed by the Parties,or by any third person,to create the relationship of principal and agent,or of partnership,or of joint venture,or of any association between the Parties. 37. Third Parties. Except as otherwise expressly provided herein,this Agreement does not, and shall not be deemed or construed to,confer upon or grant to any third party or parties any right to claim damages or to bring any suit,action or other proceeding against the Parties hereto because of any breach hereof or because of any of the terms,covenants,agreements and conditions herein. Notwithstanding the foregoing,The Conservation Fund shall be an express and intended third party beneficiary of this Agreement during such time that TCF owns the Property. 38. Invalidity.If any provision of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable,the remainder of this Agreement,or the application of such provision to the persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each such provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 39.No Construction Against Drafting Party. This Agreement shall not be subject to any rule of contract construction or interpretation requiring that in the event of ambiguity,the agreement must be construed against the drafting party,and the Parties hereto hereby waive the benefit of any such rule of contract construction or interpretation. 40. Further Assurances. Landlord and Tenant shall execute such further documents and instruments and undertake such further actions as may reasonably be necessary to effectuate the transactions contemplated in this Agreement. 41. Tabor. Notwithstanding anything to the contrary contained in this Agreement, no payment will be made for any obligation of Landlord set forth herein and for any period after December 31st of any calendar year without the written approval in accordance with a budget adopted by 18 the Eagle County Board of County Commissioners in compliance with the provisions of Article • 25,Title 30 of the Colorado Revised Statutes, the Local Government Budget Law(C.R.S. § 29- 1-101 et seq.) and the TABOR Amendment(Colorado Constitution,Article X, Sec. 20). [Signature Page to Follow] 19 IN WITNESS WHEREOF,the Landlord and Tenant have duly executed this lease on the day and year first above written. TENANT: LANDLORD: Eagle County Board of County Commissioners By: By: Bowdrie Richard Jack Maurello Jillian H.Ryan,Chair STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me by Bowdrie Richard Jack Maurello this day of ,2017. My commission expires: Notary Public 20 EXHIBIT A Description of the Property Parcel 1/Salt Creek LOT 1,AND TRACTS A, B, C AND D,AND ADAM'S RIB RANCH ROAD PRIVATE ROW, FROST CREEK AND SALT CREEK PUD, FILING NO.2,SALT CREEK,ACCORDING TO THE PLAT RECORDED JULY 8, 2008 AT RECEPTION NO. 200814345, COUNTY OF EAGLE,STATE OF COLORADO. THE EXISTING PAVED RECREATIONAL TRAIL AS DEPICTED ON THE PLAT RECORDED JULY 8, 2008 AT RECEPTION NO. 200814345 AND ADAM'S RIB RANCH ROAD ARE NOT PART OF THE PROPERTY AS DEFINED IN THE AGREEMENT. Parcel 2/Upper Ranch Parcel A PARCEL OF LAND LOCATED IN TRACTS 61,62, 63,64, 65,67 AND 69 AND LOTS 2, 3 AND 4 OF SECTION 14, IN SECTIONS 2, 10, 11, 12, 13, 14 AND 15,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE,STATE OF COLORADO,WITH THE BEARINGS SHOWN HEREON, BASED ON A BEARING OF N01°01'34"W FOR THE 2-3 LINE OF SAID TRACT 69 BETWEEN CORNERS NO.2&3, BOTH BEING 2 1/2"GLO BRASS CAP MONUMENTS ON 1" IRON PIPE, FOUND IN PLACE,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT SAID CORNER NO. 2 OF TRACT 69 ALSO BEING CORNER NO.5 OF SAID TRACT 63,CORNER NO.4 OF TRACT 60 IN SAID TOWNSHIP AND RANGE AND CORNER NO. 7 OF TRACT 88 IN SAID TOWNSHIP AND RANGE; THENCE ALONG THE 4-5 LINE OF SAID TRACT 63 N 00°25'57"E, 1376.14 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED AUGUST 24, 2005 AT RECEPTION NO.927202 AT THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE, EAGLE,COLORADO, FROM WHICH CORNER NO.5, BEING A 3 1/2" ALUMINUM CAP MONUMENT ON#5 REBAR IN CONCRETE, FOUND IN PLACE, OF SAID TRACT 63 BEARS N00°25'57"E,32.94 FEET; THENCE ALONG SAID PARCEL BOUNDARY THE FOLLOWING THIRTEEN (13)COURSES: 1)S 63°53'22"E,98.91 FEET; 2)S 57°28'07"E, 17.09 FEET; 3)S 43°41'12"E, 311.25 FEET; 4)S 43° 18'30"E,471.12 FEET; 5)S 44°46'44"E,97.90 FEET; 6)S 47°15'27"E,52.82 FEET; 7)S 55°20'50'E, 61.81 FEET; 8)S 65°35'39"E,53.04 FEET; 9)S 69°00'09"E,48.79 FEET; 21 • 10)S 79°41'31"E,89.23 FEET; 11)S 79°11'51"E, 197.18 FEET; 12)S 79°30'59"E, 166.80 FEET; 13) N 00°02'37"E,4743.42 FEET TO A POINT ON THE 1-2 LINE OF SAID TRACT 62;THENCE ALONG SAID 1-2 LINE S89 DEGREES 57'23"E,1461.13 FEET TO CORNER NO. 1 OF SAID TRACT 62, BEING A GLO 2 1/2" BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 1-6 LINE OF SAID TRACT 62 S00 DEGREES 12' 12"E, 2586.67 FEET TO CORNER NO. 6 OF SAID TRACT 62,CORNER NO. 1 OF SAID TRACT 63 AND CORNER NO.2 OF SAID TRACT 64, BEING A 2 1/2"ALUMINUM CAP MONUMENT ON#6 REBAR, PE/PLS#23089,SET IN PLACE;THENCE ALONG THE 1-2 LINE OF SAID TRACT 64 N89 DEGREES 06'20"E, 2795.86 FEET TO CORNER NO. 1 OF SAID TRACT 64 AND CORNER NO.2 OF SAID TRACT 65, BEING A GLO 2 1/2"BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 1-2 LINE OF SAID TRACT 65 N89 DEGREES 46'35"E, 2641.57 FEET TO CORNER NO. 1 OF SAID TRACT 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 1-6 LINE OF SAID TRACT 65 S00 DEGREES 04'57"E, 1322.37 FEET TO CORNER NO. 6 OF SAID TRACT 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 5-6 LINE OF SAID TRACT 65 S89 DEGREES 44'17"W, 1318.79 FEET TO CORNER NO.5 OF SAID 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 65 SO2 DEGREES 13'30"E,2691.91 FEET TO CORNER NO.4 OF SAID TRACT 65, BEING A 2 1/2" GLO BRASS CAP MONUMENT ON 1"REBAR, FOUND IN PLACE;THENCE ALONG THE 3-4 LINE OF SAID TRACT 65 ALSO BEING THE 1-2 LINE OF TRACT 66 IN SAID TOWNSHIP AND RANGE N89 DEGREES 29'57"W, 1395.64 FEET TO CORNER NO.3 OF SAID TRACT 65,CORNER NO.2 OF SAID TRACT 66,CORNER NO.6 OF SAID TRACT 64 AND CORNER NO. 1 OF SAID TRACT 67, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 5-6 LINE OF SAID TRACT 64 ALSO BEING THE 1-2 LINE OF SAID TRACT 67 N89 DEGREES 29' 10"W, 1396.79 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY FOR BRUSH CREEK ROAD(EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 1-2 LINE AND ALONG SAID RIGHT-OF-WAY S00 DEGREES 04'25"E,388.84 FEET;THENCE N40 DEGREES 22'23"W, 29.89 FEET TO A POINT ON THE 2-3 LINE OF SAID TRACT 67 ALSO BEING THE 1-6 LINE OFSAID TRACT 69; THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID 1-6 LINE S00 DEGREES 04'25"E, 978.80 FEET TO CORNER NO.6 OF SAID TRACT 69, BEING A 2 1/2" GLO BRASS CAP MONUMENT ON 1"IRON PIPE, FOUND IN PLACE;THENCE ALONG THE EAST LINE OF SAID LOT 4 SOD DEGREES 09'13"E, 311.53 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4;THENCE ALONG THE SOUTH LINE OF SAID LOTS 2, 3 AND 4 N89 DEGREES 58'23"W, 3862.84 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 14, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE; THENCE ALONG THE WEST LINE OF SAID SECTION 14 N00 DEGREES 08'47"W,302.92 FEET TO A POINT ON THE 3-4 LINE OF SAID TRACT 88, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE,STAMPED CC88/15/14, FOUND IN PLACE;THENCE ALONG SAID 3-4 LINE N89 DEGREES 32' 12"E, 1056.88 FEET TO CORNER NO.4 OF SAID TRACT 88, BEING A 2 1/2"GLO BRASS CAP MONUMENT 22 ON 1' IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 88 N00 DEGREES 03'05"W, 1360.53 FEET TO CORNER NO.5 OF SAID TRACT 88 ALSO BEING A POINT ON THE 3-4 LINE OF SAID TRACT 69, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" REBAR, FOUND IN PLACE;THENCE ALONG SAID 3-4 LINE N89 DEGREES 27'38"W, 1408.71 FEET TO CORNER NO.3 OF SAID TRACT 69 ALSO BEING CORNER NO. 6 OF SAID TRACT 88, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE N01 DEGREES 01'34"W, 1261.15 FEET TO THE POINT OF BEGINNING. Parcel 3/Lower Ranch/Ridgeway Parcel A PARCEL OF LAND LOCATED IN TRACTS 67,72 AND 73, IN SECTIONS 13, 14, 23 AND 24,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE,STATE OF COLORADO,WITH THE BEARINGS SHOWN HEREON, BASED ON A BEARING OF S00 DEGREES 02'41"E FOR THE 2-3 LINE OF TRACT 68, TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BETWEEN CORNER NO. 3 OF SAID TRACT 67 ALSO BEING CORNER NO.2 OF SAID TRACT 68 AND CORNER NO. 3 OF SAID TRACT 68 ALSO BEING CORNER NO.2 OF SAID TRACT 72, BOTH BEING A 2 1/2"GLO BRASS CAP MONUMENTS ON 1" IRON PIPE, FOUND IN PLACE,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID CORNER NO. 3 OF TRACT 67 FROM WHICH SAID CORNER NO.3 OF TRACT 68 BEARS S00 DEGREES 02'41"E, 1388.85 FEET;THENCE ALONG THE 2-3 LINE OF SAID TRACT 67 N00 DEGREES 09'13"W, 1316.78 FEET TO CORNER NO. 6 OF TRACT 69,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING A 2 1/2" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE CONTINUING ALONG THE 2-3 LINE OF SAID TRACT 67 ALSO BEING THE 1-6 LINE OF SAID TRACT 69 N00 DEGREES 04'25"W,948.45 FEET TO A POINT ON THE CENTERLINE OF BRUSH CREEK ROAD(EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 2-3 LINE AND ALONG SAID CENTERLINE THE FOLLOWING TWENTY(20)COURSES: 1)S40 DEGREES 19'47"E, 545.75 FEET; 2)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 224.37 FEET,A RADIUS OF 607.37 FEET,A TANGENT OF 113.48 FEET,A DELTA OF 21 DEGREES 09'56"AND A CHORD OF 223.09 FEET THAT BEARS S50 DEGREES 54'45"E; 3)S61 DEGREES 29'43"E, 167.42 FEET; 4)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 229.50 FEET,A RADIUS OF 997.15 FEET,A TANGENT OF 115.26 FEET,A DELTA OF 13 DEGREES 11'13"AND A CHORD OF 228.99 FEET THAT BEARS S54 DEGREES 54'07"E; 5)S48 DEGREES 18'30"E,553.16 FEET; 6)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 80.96 FEET,A RADIUS OF 2299.07 FEET,A TANGENT OF 40.48 FEET,A DELTA OF 2 DEGREES 01'03"AND A CHORD OF 80.96 FEET THAT BEARS S47 DEGREES 17'59"E, 7)S46 DEGREES 17'27"E,555.64 FEET; 8)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 172.19 FEET,A RADIUS OF 484.96 FEET,A TANGENT OF 87.01 FEET,A DELTA OF 20 DEGREES 20'36"AND A CHORD OF 171.28 FEET THAT BEARS S36 DEGREES 07'09"E; 9)S25 DEGREES 56'51"E, 60.28 FEET; 23 10)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 174.52 FEET,A RADIUS OF 1090.26 FEET,A TANGENT OF 87.45 FEET,A DELTA OF 9 DEGREES 10' 17"AND A CHORD OF 174.34 FEET THAT BEARS S21 DEGREES 21'43"E; 11)S 16 DEGREES 46'34"E,94.78 FEET; 12)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 182.18 FEET,A RADIUS OF 1297.57 FEET,A TANGENT OF 91.24 FEET,A DELTA OF 8 DEGREES 02'40"AND A CHORD OF 182.03 FEET THAT BEARS S12 DEGREES 45' 14"E; 13)S08 DEGREES 43'54"E,93.72 FEET; 14)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 103.42 FEET,A RADIUS OF 780.12 FEET,A TANGENT OF 51.78 FEET,A DELTA OF 7 DEGREES 35'44"AND A CHORD OF 103.34 FEET THAT BEARS S12 DEGREES 31'46"E; 15)S16 DEGREES 19'38"E,419.17 FEET; 16)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 219.83 FEET,A RADIUS OF 418.98 FEET,A TANGENT OF 112.51 FEET,A DELTA OF 30 DEGREES 03'41"AND A CHORD OF 217.31 FEET THAT BEARS S31 DEGREES 21'28"E; 17)S46 DEGREES 23'19"E, 201.67 FEET; 18)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 218.81 FEET,A RADIUS OF 495.09 FEET,A TANGENT OF 111.22 FEET,A DELTA OF 25 DEGREES 19'23"AND A CHORD OF 217.04 FEET THAT BEARS S33 DEGREES 43'37"E; 19)S21 DEGREES 03'56"E, 149.13 FEET; 20)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 177.96 FEET,A RADIUS OF 806.14 FEET,A TANGENT OF 89.34 FEET,A DELTA OF 12 DEGREES 38'53"AND A CHORD OF 177.60 FEET THAT BEARS 514 DEGREES 44'29"E TO A POINT ON THE 5-6 LINE OF SAID TRACT 67 ALSO BEING THE 1-2 LINE OF SAID TRACT 73;THENCE ALONG SAID 5-6 LINE AND DEPARTING SAID CENTERLINE S89 DEGREES 49'34"E, 37.02 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BRUSH CREEK ROAD(EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 5-6 LINE AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING SIX (6)COURSES: 1)ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A LENGTH OF 102.95 FEET,A RADIUS OF 506.69 FEET,A TANGENT OF 51.65 FEET,A DELTA OF 11 DEGREES 38'27"AND A CHORD OF 102.77 FEET THAT BEARS SO2 DEGREES 56'23"E; 2)502 DEGREES 52'50"W,262.58 FEET; 3)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 107.34 FEET,A RADIUS OF 491.67 FEET,A TANGENT OF 53.88 FEET,A DELTA OF 12 DEGREES 30'30"AND A CHORD OF 107.12 FEET THAT BEARS S03 DEGREES 22'25"E; 4)S09 DEGREES 37'40"E,217.68 FEET; 5)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 347.37 FEET,A RADIUS OF 5759.58 FEET,A TANGENT OF 173.74 FEET,A DELTA OF 3 DEGREES 27'20"AND A CHORD OF 347.31 FEET THAT BEARS S07 DEGREES 54'00"E; 6)S06 DEGREES 10'20"E,449.21 FEET TO A POINT ON THE 1-4 LINE OF SAID TRACT 73;THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID 1-4 LINE S00 DEGREES 04'03"E, 1185.38 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF LADYBELLE VIEW SUBDIVISION (AMENDMENT NO. 1)AS DESCRIBED ON THE PLAT RECORDED JUNE 27, 1988 IN BOOK 486 AT PAGE 312 AT THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE, EAGLE,COLORADO;THENCE DEPARTING SAID 1-4 LINE N89 DEGREES 57'53"W,2813.65 FEET ALONG SAID NORTHERLY LINE TO A POINT ON THE 2-3 LINE OF SAID TRACT 72 ALSO BEING THE NORTHWEST CORNER OF SAID SUBDIVISION AND BEING A 1 1/4" RED PLASTIC CAP MONUMENT ON#5 REBAR, PLS#19598, FOUND IN PLACE;THENCE ALONG SAID 2-3 LINE N00 DEGREES 31'26"E, 1409.12 FEET TO A POINT FROM WHICH SAID CORNER NO.2 OF TRACT 72 ALSO BEING SAID CORNER NO.3 OF TRACT 68 AND THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED OCTOBER 2, 1990 IN BOOK 539 AT PAGE 285 AT SAID CLERK AND RECORDER'S OFFICE BEARS N00 DEGREES 31'26"E, 1207.85 FEET;THENCE DEPARTING SAID 2-3 LINE AND ALONG THE SOUTHERLY LINE OF SAID PARCEL N87 DEGREES 52'44"E, 1079.94 FEET;THENCE ALONG THE EASTERLY LINE OF SAID PARCEL THE 24 FOLLOWING TWENTY-THREE(23)COURSES: 1) N10 DEGREES 43'06"E, 181.90 FEET; 2) N08 DEGREES 26'04"E, 123.59 FEET; 3) N06 DEGREES 11'16"E,83.07 FEET; 4) N04 DEGREES 47'55"W,65.56 FEET; 5) N21 DEGREES 40'43"W,57.25 FEET; 6) N19 DEGREES 29'21"W,84.99 FEET; 7) N17 DEGREES 40'16"W, 106.50 FEET; 8) N11 DEGREES 39'56"W, 71.67 FEET; 9) N46 DEGREES 59'33"E, 58.02 FEET; 10) N58 DEGREES 34'52"E, 53.93 FEET; 11) N81 DEGREES 35'30"E,51.34 FEET; 12)S72 DEGREES 27'32"E,46.45 FEET; 13)S61 DEGREES 27'34"E, 122.02 FEET; 14)S68 DEGREES 36'16"E, 111.63 FEET; 15)S77 DEGREES 41'55"E,52.03 FEET; 16)S86 DEGREES 37'40"E; 124.60 FEET; 17)S71 DEGREES 24'00"E,72.14 FEET; 18)S76 DEGREES 37'01"E, 51.27 FEET; 19) N69 DEGREES 04'44"E,42.22 FEET; 20) N11 DEGREES 48'38"E,39.85 FEET; 21) N18 DEGREES 13'35"W, 95.23 FEET; 22) N12 DEGREES 04' 19"W, 377.96 FEET; 23)ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A LENGTH OF 74.73 FEET,A RADIUS OF 144.63 FEET,A TANGENT OF 38.22 FEET,A DELTA OF 29 DEGREES 36'21"AND A CHORD OF 73.90 FEET THAT BEARS N59 DEGREES 03'45"W TO A POINT ON THE 1-2 LINE OF SAID TRACT 73 ALSO BEING THE 5-6 LINE OF SAID TRACT 67 AND THE NORTHEAST CORNER OF SAID PARCEL;THENCE ALONG SAID 5-6 LINE AND THE NORTHERLY LINE OF SAID PARCEL N89 DEGREES 49'34"W, 301.08 FEET TO CORNER NO.5 OF SAID TRACT 67, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 67 N00 DEGREES 02' 10"W, 1382.72 FEET TO CORNER NO.4 OF SAID TRACT 67, BEING A 2 1/2"ALUMINUM CAP ON#6 REBAR, PE/PLS#23089,SET IN PLACE;THENCE ALONG THE 3-4 LINE OF SAID TRACT 67 S88 DEGREES 08'29"W, 1290.58 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. 25 Exhibit B Ranch Headquarters 26 &rush Cre Exhibit B 'If Rd Irrigation Shed • Barn Rd�c Fence h Shed ►•ii•4 ►iii day k At ® House Shop Tack Shed Hardscrabble Ranch Ranch Headquarters Envelope (18 Acres) Phyiscal Address: 4381 Brush Creek Rd Open Space: Ranch Headquarters e Existing Structure Envelope Horse Corral -.-.,....a....,,,..m,._`A EXHIBIT C CONSERVATION EASEMENT TO BE PROVIDED TO TENANT WHEN THE SAME IS AVAILABLE 27 EXHIBIT D ANNUAL OPERATING PLAN Hardscrabble Ranch July 31,2017 1. The purpose of this Plan is to establish specific management goals,expectations,and procedures for the period between August 1,2017 and August 1,2018. 2. Capitalized terms in this Annual Operating Plan will have the same meanings as in the Agreement.To the extent the terms and provisions of this Annual Operating Plan conflict with the Agreement,the Agreement will control. 3. Tenant will comply with the requirements of this Annual Operating Plan as may be amended from time to time.While it is anticipated that this Plan will be evaluated on an annual basis,nothing herein shall preclude the Parties from meeting more frequently and amending the Plan on as needed basis. 4. Tenant shall use,manage and operate the Property in accordance with the terms of the Conservation Easement. The Tenant is encouraged to ask Landlord for clarification of Conservation Easement requirements at any time. Violation of the terms of the Conservation Easement may be grounds for termination of the Agreement. Authorized sublessees are similarly required to abide by the terms of the Conservation Easement,a copy of which shall be supplied by Tenant to his sublessees. Each sublease shall include language that any violation of the Conservation Easement by a sublessee may result in termination of that sublease. The Conservation Easement and Plan must be an exhibit to all executed subleases. 5. A management plan will be developed and implemented at a later date and will address recreation and other matters affecting the Property.The management plan will provide for public recreational use of portions of the Property,including trails,trailheads,fishing access,and parking lots(See paragraph 12 of the Agreement). The management plan may establish rules and regulations for public use. Tenant may be invited to participate in the development of the management plan. 6. Livestock Grazing: The Property will be used for grazing horses and cattle. A grazing plan is not required at this time,but Tenant may only graze at stocking rates that will not exceed those of recent years. A grazing plan may be developed at a later time if the Landlord determines,in its sole discretion that a more prescriptive plan is necessary to protect the conservation values of the Property or to provide a more detailed understanding of the Property's productivity and carrying capacity.The Tenant has been made aware of the possibility of future recreational use,which may require adjustments to grazing or other agricultural activities. In such event,Landlord will provide notice to the Tenant(see paragraph 12 of the Agreement)and the Tenant will timely implement the required adjustments to accommodate the recreational use(s).Tenant shall not be entitled to an abatement of Rent in connection with any such adjustment and waives any claims or damages against Landlord related to such adjustments. If at any time the Landlord is concerned about the amount and duration of livestock grazing Landlord may require 28 Tenant to immediately remove all or some of the animals from the Property.Tenant shall comply with such a request. From time to time Tenant may move cattle from one part of the Property to another. In the event that such movement will affect any of the public trails or amenities which currently exist or which may be developed by Landlord in the future,then Tenant will provide Landlord with at least three day's advance notice so that Landlord may alert the public of the temporary closure.Tenant will make reasonable efforts to limit the number and duration of such closures. 7. Subleasing: With Landlord approval,Tenant my sublease the Property for the purpose of pasturing horses and cattle. Detailed records of all subleasing use will be kept by the Tenant,including but not limited to,the number of livestock and the duration of the grazing activity.Any use of the Property by sublessees may not degrade the condition of the vegetation or Property as determined by Landlord in its sole discretion. 8. Hay Production: The Tenant is responsible for tending,irrigating,cutting,baling, storing,and selling the crops. Tenant may not cut willows or wetland vegetation to expand hay cultivation unless approved by the Landlord in its sole discretion. 9. Fertilizer Application: The Tenant is allowed to apply fertilizers as recommended by the CSU- Extension and in accordance with the Water Quality and Management Plan and Brush Creek Watershed Management Plan,as applicable. The cost of purchasing and applying fertilizer is borne by the Tenant. 10. Weed Control: The Tenant is required to take reasonable steps to control noxious weeds on the Property. Exhibit 1 indicates areas of the Property requiring the most immediate attention. White Top (Cardaria draba), also known as"hoary cress"is the top priority for control. Applications of chemical herbicide must be approved in advance by the Landlord. The Eagle County Weed Supervisor is also available to advise Tenant concerning the available weed control measures. Application of any herbicide shall also occur in accordance with the Water Quality Monitoring and Management Plan and the Brush Creek Watershed Management Plan,as applicable. 11. Ditches:The Tenant has the responsibility of managing ditches and associated Water Rights and water-related infrastructure as outlined in the Agreement. The Tenant must keep diligent records of all water use on the Property. Tenant must promptly make Landlord aware of any problems or damage to ditches. 12. Vehicle and Machinery Storage: The storage of any vehicles or machinery not actively used in the operation of the Property is prohibited.At such time as recreational access improvements are made, the Tenant may not store equipment in such a manner as to block or impede permitted public access. When fueling vehicles,equipment and machinery on the Property,Tenant shall remain with the vehicle, equipment or machinery being fueled so as to minimize gas spilling on the Property. 13. Fencing:No significant changes to fencing are currently planned. However,the Landlord may 29 choose to fence off portions of the riparian area to livestock to restore wetland habitat and stabilize streambanks. Any other fencing changes or needs must be approved by the Landlord and shall be at Tenant's sole cost and expense.Tenant is responsible for maintaining existing fencing on the Property and Tenant will not remove any fencing without Landlord's prior approval. 14. Emblements:Tenant is entitled to plant hay on the Property but the same shall not interfere with Landlord's planned recreational amenities. Landlord will inform the Tenant of the location of any amenities(see paragraph 12 of the Agreement).Tenant shall not be entitled to an abatement of Rent in connection with Landlord's planning and development of recreational amenities and Tenant waives any claims or damages against Landlord related to the same. Other crops may be planted with prior approval of Landlord in its sole discretion. 15. Pest Control: Pest and predator control activities must be approved by the Landlord prior to commencement of the control effort. 16. Dumping: All trash must be properly removed from the Property. 17. Hunting: Hunting is not allowed on the Property. However, future"pass-through"hunting access to the adjacent BLM property may be permitted as determined by Landlord in its sole discretion. Guiding and outfitting is prohibited on the Property. Action Items for 2017 and 2018: Tenant and Landlord agree that priorities for the period between August 1,2017 and August 1,2018 shall include: 1. Aggressive effort to control noxious weeds; 2. Landlord with assistance from Tenant may coordinate,subject to budgeting and appropriation by Landlord,with owners in the ditch to replace pipe on the northwest segment of Love White Ditch; 3. Landlord and Tenant may coordinate,subject to budgeting and appropriation by Landlord to make improvements to the House heating system,foundation,and drainage; 4. Tenant may drill seed alfalfa in select hay meadows; and 5. Removal of the Shanty Town structures. 30 Insert Exhibit 1 to Plan 31 �.,—.w , ,._..:.-t � Hardscrabble Ranch b EXHIBIT ' Conceptual PI. , I - Subject Property 1 Parcel Boundary 111111 River,Stream L_, ;Town of Eagle •Existing Paved Path Soft Surface Trail •——•Potential Paved Path Potential Soft Surface Trail Potential Building Envelope/Parking Area j 0 Feet w �,M a...,,,m,><....m.a.,ro 'I 0 800 1,600 `a`°°"" � 1. W4044 1la4 iF44VIS I r• Haymeadow PUD �i B L MI R I w 13 31 j'w 1 I- I . I Future connection to town,1 W � r •,• via Haymeadow.KR) I l I# \- 1 N.� ''+^I c. 6 Building 1 Ran -�---- -- - Ranch ' Building Envelope#2 Headquarters r7+7 "'^s&Potential Tr ail Head, > Town of Eagle '; P^t„ 703,AB0t, .C2DEA RO∎ ' '''t';';';?!.i.::,::,,, c',.:(- y t4a i +A,,, h • , r" F# \ \ a ,tss Cross-Country Trail leads to Ski Trait Heatl * b x =' Cordillera Territories 7 B L M Tra,Gulch`. Till Head i * gli4g:1 8 minx' •.� tee : Taf•. . .tgii L - I! � 1 . / K--:.,_•744-,...i,•,-:-;: ,,tVf4,92!'H.. 1 :'; ; �;•F h,ngAccess 1�.�P cruc Area r`,�.12,11ENUCI ,. rFrost Greek ° o 1.. Q;ts 412 tulles •; r a I s ' the entranced] � ` ` ." >, Sylvan Lake fr EXHIBIT E WATER RIGHTS i - TOTAL !lino ,.ended ota :y..,e to F eer Mattte Dale .' Month Date AAmiatto Court DiYLNStON Total Aoson : t oixl11fcmnl Peer Mash 0rY Yee, Mantic Oey Matto Court Borah Ditch Ratty No 94 3200 cfs 1.056 cfs 1 056 cOo - 1099 10 3 1089 12 17 1452000000 CA294 Upper Frost Ditch Primly No,196 2000 ds 1.000 cts 1.000 cfs - 1900 12 31 1901 3 5 18827.00003 CA385 Sall Creek 011th Pearly Ito 167 4 940 ds 0940 010 0 640 cts - 180? 6 20 1901 3 5 16251 1551? CA186 East Frost Ditch Pfontyr No.160 1,200 cts 1.200 cts 1200 cfs -- 189'. 5 31 1901 3 5 16251.15128 CA385 Pdmti No.131 0.900 cis 0.900 Ms 0 900 Os - 159' 3 1 1901 3 5 16251.11363 CA355 Love Fros1Dich Moray No 135 2.000 cfs 2.000 cfs 2 000 00 - 1883 4 30 1901 3 5 16251 12173 CA385 McKende Dash trorty No 55 3.000 ds 1.800 cts 1800 cfs - 1887 5 15 1889 12 17 13649 00000 CA294 Hollingsworth Pnm.y No.184 2000 Ms 1.000 cts 1600 cfs - 1898 12 31 1901 3 5 17897 00000 CA385 Potter Odds Primly No.185 2.000 els 1.800 els 1 800 cfs - 1699 3 30 1901 3 5 17986.00000 CA385 Hollingsworth Potter No.2 Dtth Pm'13 No 287 peon w 264At 4 000 ds 4,900 ors 4000 els - 1906 9 1 1907 9 4 20972 20697 CA446 Marty No.352 1.000 ds 1.600 cis 1.600 cfs - 1899 3 30 1921 8 29 257081058B CA761 Ptlarly No.83 2200 ds 1.334 els 1334 cfs - 1899 7 31 1889 12 17 14457.00000 CA294 Primly No.134 2.600 CO. 1.577 cfs 1577 cfs - 1893 2 1 1901 3 5 16251.12085 CA385 Love 8 MOO 0605 Priorty No.176 5-700 ds 2.951 cfs 2851 cgs - 1897 6 10 1901 3 5 17328.00000 CA385 Peony No.298 0200 609 0,121 ds 0 121 ds - 1911 7 29 1911 11 13 2248E00900 CA566 Pocrty No.132 4 900 els 1.992 els 1.982 070 - 1892 4 30 1001 3 5 16251.11800 CA385 Wlgrkfsen 000000 Runty No.187 1.000 ds 0.413 sus 0 413 cis - 1899 4 30 1901 3 5 18017.00000 CA385 Total 39 240 eh 25,974 cfs 75 879 cfs - r 32 EXHIBIT F BRUSH CREEK WATERSHED MANAGEMENT PLAN 33 1: RUSH CREEK WATERSHED MANAGEM EN JL PLAN .,; �..,„„,Ts ate '4 C _ r #�� , y yR S 't+'1 t f} • 4 ,. :.....,- R?' r?L. ,k,I',,, � 'R7^�Y� ,._, ~ `,{ hWr.'.! . µ,ms ''4-. vr. r S'. K .�� 1 �� Kam.9 —;',4•1!.: i+� Z �"'1 k� • Y .P •w �^ �F-' � � JN t' y,y -ate'" ry 4 x�l� t 'i , 'ile t�.�" S§, 'e 'i. i` 4r..•+t , °" f, '�.� i x •'` " ` • y•t. O K S�i 1.1 4 r S n. .A L-I,.mat-. 1 ; f Town of Ea1e Apr 1 18, 2011 a��RE SOURCE E.9aH rvaanrno INC . www.resource-eng.com TABLE OF CONTENTS PAGE 1.0 INTRODUCTION 2 2.0 BRUSH CREEK WATERSHED 4 3.0 WATERSHED INFLUENCES 9 3.1 Agricultural Diversions 9 3.2 Municipal Diversions 11 3.3 Urban Land and Road Development 13 3.4 Future Town Growth 13 4.0 MANAGEMENT PLAN—MISSION STATEMENT AND GOALS 15 5.0 WATERSHED POLICIES AND MANAGEMENT STRATEGIES 15 6.0 CONCLUSION 34 LIST OF FIGURES AND TABLES Figure 1: Vicinity Map of Brush Creek Watershed 3 Figure 2: Hydrology Map of Brush Creek Watershed 5 Figure 3: Land Use Map within the Brush Creek Watershed 6 Figure 4: Annual Hydrographs and Streamflow Summary of Brush Creek, USGS Brush Creek Gage: 1951 — 1972 8 Figure 5: Water Rights Map of Major Agricultural and Municipal Diversions 10 Figure 6: Town of Eagle Municipal Water Use 12 Figure 7: Town of Eagle Population Growth 14 Figure 8: Map of KDC and Eagle Ranch Irrigation Plans 21 Figure 9: Map of Dry Year and Critical Dry Year Restrictions 27 Figure 10: Watershed Protection Jurisdictional Boundary 30 Figure 11: Eagle Ranch Wildlife Mitigation Fund, Improvements on Brush Creek 33 Table 1: KDC Brush Creek Developments,Allowed 22 Table 2: KDC Brush Creek Development, Allowed Diversion Limits, Dry Year 23 Table 3: KDC Brush Creek Development,Allowed Diversion Limits, Critical Dry Year 24 1.0 INTRODUCTION The Town of Eagle is situated in the lower Brush Creek watershed near its confluence with the Eagle River. The watershed gives rise to Brush Creek, a high quality mountain stream that provides essential municipal, domestic and agricultural water supplies to area residents. The 145 square mile basin ranges in elevation of from 13,360 feet in its headwaters region to 6,520 feet near the Town. The watershed is ecologically diverse and supports a variety of indigenous plant and wildlife species. This diversity creates an attractive residential setting and provides Town residents with recreational opportunities including; fishing, hiking, biking and hunting. In 1999, in recognition of this important asset, the Town of Eagle initiated development of a watershed management plan for the Brush Creek watershed for the purpose of protecting the basin's water quality and quantity. The Brush Creek watershed and its relationship to the Town of Eagle is shown on the Vicinity Map in Figure 1. In the initial management plan for the Brush Creek watershed, the Town developed a set of strategies to conserve water, reduce stream diversions and protect the Brush Creek riparian corridor. This initial plan, however, was never finalized and remained in draft format for several years. In 2006, as part of efforts to revise the Town of Eagle's Community Plan, the Town reinitiated its interests in establishing a Brush Creek Management Plan. The Community Plan is a public process that addresses important issues and makes decisions regarding growth, transportation and the protection of natural resources surrounding the Town. The public process included the completion of surveys, participation in public meetings, coordination with Eagle County and appurtenant planning documents. The effort culminated in a document entitled 2010 Eagle Area Community Plan. This document reflects the local residents' vision of the Town and surrounding area including the Brush Creek watershed. With respect to natural resources, the plan makes clear the citizen's goals to maintain Brush Creek's distinctive environmental diversity and aquatic environment. In response to this directive, the Town reinitiated efforts to complete its Brush Creek Watershed Management Plan. The Brush Creek Watershed Management Plan is organized into 6 sections. This introductory section is followed by Sections 2.0 and 3.0, which provide a brief summary of the Brush Creek watershed and existing influences on the basin's water resources. Section 4.0 then describes the Town's goals, objectives and management direction for the Brush Creek watershed, while Section 5 outlines the specific policies and management strategies designed to meet these goals. The management plan concludes with Section 6.0, which highlights the Town's continued commitment to protecting and maintaining the Brush Creek watershed 2 I It 1' cy"��' Woioon ... t! �� 13 Brush Creek �o EAGLE `' Watershed P l� �' t ' Edwards l,,,' S • n.,,v.,<rrr, (l, ., Brush ,-''s f � Creek 1� i P D a M `.i f 4 . { WHITE R( -fi R East L .e: 'F E'S I Brush Creek West Brush Creek 1. i -~' ._ _ vent. 1 Sylvan" 1 Lake, 1; 41'0 UN1 w.wJq?,, 1 ! ' .i, ,A�.) Ij '/ A' f'a., ..,fig. t "1 r■ `t} 3s.. r;0 fl r 1" • Source.USGS100kMaps Figure 1 Vicinity Map of Brush Creek Watershed Brush Creek Watershed Management Plan Miles Dale:03-16-2011 IRESOURCE File,101-13.0 E NGINEERINGINC. Drawn:ANM 0 0.5 1 2 3 4 5 Approved:RSF 2.0 BRUSH CREEK WATERSHED Annual precipitation across the Brush Creek watershed varies from over 30 inches in the headwaters region to less than 15 inches near the Town of Eagle. Overall, the watershed has an average annual precipitation of approximately 21.4 inches. The stream network that collects this water supply through the East Brush Creek watershed,the West Brush Creek watershed, and the encompassing Brush Creek watershed is shown on the Hydrology Map in Figure 2. The higher elevation, wetter regions of East and West Brush Creek consist of spruce-fir forest intermixed with stands of aspen, while the lower elevation regions generally consist of sagebrush and oak communities with areas of irrigated agriculture land. Land ownership in the higher elevation region consists mainly of National Forest lands combined with a small mix of private and State lands. In the lower elevation region, land ownership is dominated by Bureau of Land Management (BLM) and private lands. Basin wide, federal/state property comprises 82.8% of the watershed. This ownership distribution is shown on the Land Use Map in Figure 3. Brush Creek is underlain with a diverse variety of geologic formations that influence overall surface and ground water quality. The geology varies from relatively resistant sandstones in the basin's headwaters to softer sediments and gypsum formations near the Town of Eagle. Specifically, the higher elevation regions are dominated by interblended sandstones, siltstones and conglomerates of the Maroon, State Bridge and Chinle formations. In lower elevation regions, the basin is underlain by the Eagle Valley Evaporite formation and gravel deposits from historic Brush Creek streamflows. The Eagle Valley Evaporite formation is highly erodible and contains soluble gypsum (CaSO4) and halite (NaCI), commonly referred to as rock salt. Streams passing through evaporites exhibit higher levels of total dissolved solids (TDS). Moreover, the water diverted for agricultural purposes infiltrates through porous terrace gravels and comes in contact with the underlying evaporates, which significantly increases the salinity of the irrigation return flows that accrue to Brush Creek. The diminishment of Brush Creek water quality was first documented in a 1975 study completed for the Colorado Department of Health by Mark Wuerthale. Wuerthale concluded that the water quality of Brush Creek generally decreased in the lower reaches. The study indicated that stream parameters such as, hardness, sulfates, conductivity and TDS increased approximately two fold from upstream to downstream positions. 4 j / - , f . ) f- ' 00 ' 1 ('k f t 0/ Wolcott� c ! I l'2 . , ,7 t I, Brush Creek Watershed ■ qad x . Area= 145.0 miles2 „ 1 Ave. Precip=21.4 inches EAGLE . , ',' .. 1111, ,,. -4/co 7-4.-14,7(c‘v , ..;, eg ,- Edwards �``r�''-cam. j L;1 .'"„�� ;, t �( 1�, USGS Brush Creek Gage near Eagle f! Slr amtlow Record 1951-1972 88 77":../r .‘< , ,r” .%� „� 1 ,. X '' r i se� ' "1 t 1 7 I1�. ff f -"t'Vern, ,� ��, j � r' /` a, , ` y-- 1 �� /to si I,j�+�l 1'f =� ' f ,,r - F.�`Yt r,AL I, _R y, . IAN t.� {'r 1 s 1 =z , h T t , r1 \'I r j,t, � � r. , ,1 ,i ,y t. "\, /✓ I' G. , -r West Brush Creek Watershed J, r; ,4f fir s - 1' li '} r } Area=32.5 miles2 ► _ 7 ',;:j.',/.—T t r ;1 - Ave.Precip=25 0 inches h , 11 1' /, ''' ''. s'i A 0,- I j� ' ff d 4. I ;a East Brush Creek Watershed r_ Area=32.5 miles2 . 1 , Avg.Precip.=26.2 iches It. Source:USGS 100k Map Figure 2 Hydrology Map of Brush Creek Watershed Brush Creek Watershed Management Plan ®RESOURCE Miles D n.ADale:01-13.0011 ENIGINEEOING.,NC. raw10 0 0.5 1 2 3 4 5 Approved NM RSF 1. �'� U" Wolcott r. ' \ ,i'r ,„ , ' i J 64'''' .. p 410 /kt EAGLE " t Brush Creek Watershed k teary r ABC ,/M� �� \ti p I Edward, fry. .t ( ' ' y 1 d' e n n."<r "ti:P,Ir.Z14TIV,i•V%,*'''4,;:e•,‘,00444';'„„t„,,r 4„,,•;‘,,,' ,1 " ' " '' - -' 1 ' ' : ' '.', 'ilf')' i ' ''''''' 'I- °d cu i :ESI \,a 47 TYPE of LAND USE . United States Forest Service 'A ^; Bureau of Land Management ` , State of Colorado Department of Natural Resources h Private ,_ �:" ' I l rw. / F _ - q cf,},' ,• ,� 1 . i•. r -.,. qkr ., � 'I S , " _ i l,.Js, f'.,, a Sum.% t z11 a .w rr l,} , Source:USGS 100k Maps Figure 3 Land Use Map within the Brush Creek Watershed Brush Creek Watershed Management Plan R E S O U R CE M"oo '4)(C-- Date 03-18- 2 011 II/RESOURCE E N C I E E R I N U INC F r 161-13 0 Drawn ANN ",„".,,. ,•”".,,",(,,.,-. 0 0.5 1 2 3 4 5 Approved RSF Despite these differing geologic types and associated influences, the overall water quality of Brush Creek is relatively high. The Colorado Department of Public Health and Environment (CDPHE) has classified Brush Creek as Aquatic Life Cold 1, Recreation 2, Water Supply and Agriculture. Generally, the State considers these waters capable of sustaining a wide variety of cold water biota and suitable for potable water supplies after receiving standard treatment methods. Brush Creek streamflows exhibit run-off patterns typical of high elevation mountain watersheds. The streamflows are highest during the spring and early summer in response to melting snowpack followed by lower flows over the late summer and fall seasons. Streamflows reach minimum levels during the winter when most of the water is derived from ground water sources. The volume and distribution of typical streamflow patterns on Brush Creek can be illustrated through the review of historic gage records. The U.S. Geological Survey (USGS) maintained continuous streamflow records on Brush Creek at a location approximately 1.2 miles downstream from the confluence of East Brush Creek and West Brush Creek. The records begin in 1951 and continue for a period of 22 years, ending in 1972. This 22 year period of record contains a variety of water years (dry, average, and wet), and therefore, adequately represents the annual volume and seasonal distribution that is typical seen in Brush Creek. At the mid-valley location of the gage site, the Brush Creek watershed annually produces an average volume of 31,960 acre feet (AF). Seasonally, streamflows vary from an average of 156 cubic feet per second (cfs) in June to an average of 18 cfs during the winter. Peak daily flows during the spring runoff can exceed 450 cfs. As mentioned above, the 22 year period of record on Brush Creek contains annual water yield totals representative of wet, average, dry and critically dry years. Throughout Colorado, the mid- 1950s are commonly considered an extremely dry period, comparable to the recent drought of the early 2000s. The statewide drought sequence of the 1950s ended with a record setting wet year in 1957. Both of these events are seen in the Brush Creek record. The 1957 water yield of 48,120 AF is the wettest on record and is 51% greater than the average over the 22 year study period. Conversely, the driest years on record totaled 20,070 AF in 1954 and 27,950 AF in 1955. These streamflow volumes represent 63% and 72% respectively of the 22 year streamflow average. Generally, a dry year is defined as one that would occur on average, one year in 20. A critically dry year is defined as one that would occur on average, one year in 50. Understanding the streamflow and aquatic conditions associated with dry and critically dry years is a key component for watershed management planning. The annual hydrographs and monthly streamflow data over the 22 year record is summarized in Figure 4. 7 Figure 4 Annual Hydrographs and Streamflow Summary of Brush Creek USGS Brush Creek Gage: 1951-1972 (acre-feet) 18,000 .".,Extreme Wet Year(1957) •"!Wet Year(1970) / 15,000- -Average Year(1969) • Dry Year(1955) 1 12,000- • Extreme Dry Year(1954) 9,000- / f 6,000 \» 3,000- 0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Percent Year Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total Avg 1951 1,787 1,430 1,317 1,152 918 990 1,309 3,546 7,781 5,074 2,382 1,676 29,364 92% 1952 1,509 1,458 1,345 1,301 1,073 1,275 2,130 5,665 17,056 6,298 3,707 2,846 45,664 143% 1953 2,027 1,581 1,371 1,234 1,045 1,148 1,232 4,344 10,439 4,050 2,606 1,396 32,474 102% A.,s,„:71:,,,,s17:4 ,14,7, 1 990 998 811 992 1,386 3,501 5,486 2.809 1,982 1,210 22,949 7291 1956 1,222 1,244 1,262 1,222 873 1,025 1,466 5,792 8,761 3,021 2,077 1,232 29,195 91% u3^ka .1 .w 1958 2,128 2,015 1,533 1,295 1,087 1,109 1,226 6,351 10,951 2,864 1,644 1,275 33,479 105% 1959 1,256 1,214 1,208 1,158 988 1,083 1,254 4,429 10,241 3,675 2,198 1,561 30,264 95% 1960 2,152 1,720 1,095 1,083 1,075 1,178 1,952 4,372 11,697 4,070 1,859 1,488 33,739 106% 1961 1,656 1,450 1,269 1,224 1,083 1,059 1,111 3,852 5,590 2,017 1,738 2,590 24,639 77% 1962 2,279 1,452 1,077 1,077 908 944 2,942 6,379 10,897 7,004 2,672 1,843 39,474 123% 1963 1,763 1,575 1,285 1,242 982 1,178 1,361 3,517 3,356 1,960 2,190 1,922 22,330 70% 1964 1,291 1,148 1,010 928 899 946 1,137 4,346 6,936 3,439 2,551 1,640 26,271 82% 1965 1,406 1,216 1,150 1,119 899 986 1,281 3,886 10,893 7,625 3,747 2,622 36,830 115% 1966 2,600 1,668 1,523 1,309 1,063 1,246 1,783 6,169 5,191 2,321 1,999 1,313 28,186 88% 1967 1,414 1,244 ' 1,129 928 853 1,025 1,351 2,969 8,257 4,173 1,926 1,849 27,118 85% 1968 1,450 1,123 1,035 922 793 883 924 2,719 10,689 3,771 3,931 1,843 30,084 94% 1969 1,628 1,363 1,260 1,196 962 1,020 1,753 6,252 7,638 5,274 2.108 1,749 32,204 101% 1970 1,779 1,426 1,353 1,236 976 1,081 1,386 9,574 10,370 4,604 2,551 2,731 39,067 122% 1971 2,327 1,595 1,230 1,144 1,170 1,357 2,150 5,221 12,794 5,945 2,273 2,126 39,331 123% 1972 1,755 1,414 1,480 1,375 1,123 1,365 1,795 5,189 10,120 3,084 1,676 2,031 32,406 101% Avg 1,720 1,409 1,245 1,151 976 1,086 1,523 4,740 9,299 4,517 2,438 1,862 31,966 100% Notes: The highlighted years were chosen to represent each"year-types"of a five level classification developed by RESOURCE and based on a distribution of the percent annual average values. Year Type Distribution Extreme Dry <= 65% Dry btw 66% 85% Average btw 86% 114% Wet btw 115% 134% Extreme Wet => 135% ■RESOURCE E NCI NE EFI NC,I N C. 3.0 WATERSHED INFLUENCES Throughout the history of the Brush Creek Valley, various activities have adversely impacted the watershed basin and associated stream systems. These activities include; agricultural diversions, municipal diversions and the development of roads and urban environments. Both agricultural and municipal diversions are depletive to the stream system, and the runoff from agricultural irrigation diminishes the water quality. The development of roads and urban areas also has potential to diminish the water quality. The following subsections describe these effects in more detail. 3.1 Agricultural Diversions Historically, Brush Creek streamflows have been significantly reduced due to surface water diversions through agricultural headgate structures located throughout the Brush Creek valley. Numerous irrigation operations divert large volumes of water to serve hundreds of acres of hay and pasture lands. The diversions are of such magnitude that during dry year conditions, Brush Creek has been completely dewatered within certain reaches below the headgate of major diversion structures. Irrigation return flow and tributary inflow help to restore a portion of the streamflows downstream; however, these flows are subject to diversion and are often relied upon by downstream diverters. Some of the major agricultural diversions that have influenced Brush Creek include: the Upper Frost Ditch, the Frost Ditch, the McKenzie Ditch, the Hollingsworth-Potter Ditch, the Love and White Ditch, the Wilkinson Ditch, the Mathews Ditch, the Hernage Ditch, the Squire and Hammond Ditch and the CKP Ditch. The location of these agricultural diversions is shown on the Water Rights Map in Figure 5. In addition to influencing the quantity of water in Brush Creek, these agricultural diversions potentially degrade the quality of the streamflows. As shown on the Water Rights Map in Figure 5, many of the major ditch headgate structures are located in the mid to upper portion of Brush Creek. As mentioned above, the streamflow in this upper region is derived from areas underlain by the resistant sediment formation and is therefore of higher quality. Diverting this higher quality water at upstream locations reduces the amount available to mix with and dilute the poorer quality downstream water derived from the soft Eagle Valley Evaporite formation. 9 i', ow t t Town of Eagle r¢ Eagle River Water Treatment Plant c'� Proposed Location art„'” ::: �Town of Eagle ,� GqF_Lower Intake No.2 EAGLE �' Proposed Location I■ CKP Ditch Town of Eagle Lower Intake No. 1 i Proposed Location Squire and Hammond Ditch ,. --..., 71 Mathews Ditch 'IJ t• 1 Wilkinson Ditch' Love and White Ditch' cn ` �rrl j I McKenzie Ditch( Hollingsworth-Potter Ditch ■ 1 t y rr i . j ><o,. f i 111, !/11,,!11 ` 'Frost Ditch' i lily rs,n, r..1.+ I r ,1 t s, 7;4,,,c, Upper Frost Ditch BRUSH CREEK , 1,0„„) Town of Eagle '—WATERSHED " ' /y --° -- ' ----_Brush Creek Water Treatment Plant t Town of Eagle " i,Pr , r,:, i Brush Creek Gravity Water System Intake ,. 51 ',; APOD-Brush Creek Intake No. 1 0 i ' APOD-Brush Creek Intake No,2 4. 3 Wll'l-l- E RI ',ER - TIOr TYPE OF DIVERSION 0- Agricultural Diversion , O Municipal Diversion 1 ,y t $ MP Facility e 1-1:'''Proposed/Future _ _ .F' ''''' tad 1511 VAN i A:•.}.:•:IArk Source:USGS100kMap Figure 5 Water Rights Map of Major Agricultural and Municipal Diversions Brush Creek Watershed Management Plan Oate•03-18-2011 ®RESOURCE Miles File:161-13.0 ENG INEERING,I NO. / Drawn.ANM ,m.1:1147.....,...o-r∎n..... 0 05 1 2 3 Approved:RSF 3.2 Municipal Diversions • In the early 1970's the Town of Eagle constructed a municipal diversion structure and water treatment plant on Brush Creek located below the Matthew's Ditch headgate. Then in the early 1980's the water treatment capacity was increased and the plant was moved upstream to a location approximately 7.2 miles south of Town. Most recently, in the early 2000's a pretreatment system was added to meet stringent water quality standards. The Brush Creek diversion structure and associated water treatment plant are critically important features to the Town's municipal water supply system. The Brush Creek diversion structure is currently the Town's only potable source of municipal water supply. Water is diverted from Brush Creek and conveyed to the Town's water plant and treated through a series of mixed media filters. The treated water is then conveyed down valley to the Town residents via pipeline. Once the water has been used by Town residents for in-house uses, the water is routed to the Town's wastewater treatment plant located on the Eagle River just downstream of its confluence with Brush Creek. The treated effluent is discharged directly to the Eagle River and thus, the Town's municipal water diversions for in-house uses are essentially 100% depletive to Brush Creek, in the reach between the diversion facility and the confluence of Brush Creek and the Eagle River. Currently, the Town's diversion and distribution system provides water to approximately 6,000 town residents and approximately 1,000 extra-territorial users. The water production records maintained by the Town between 2006 and 2010 indicate that approximately 1,500 to 1,600 AF of water is annually diverted from Brush Creek. During this period of record, diversions averaged approximately 3.80 cfs in the summer season with peak day demands topping 5.0 cfs. In the winter season, the daily diversion rate dropped to an average of approximately 1.15 cfs with peak day demands dropping below 3.0 cfs. The average daily diversion rate and peak day municipal water demand from 2002 through 2010 is summarized in Figure 6. Similar to the agricultural diversions, these municipal diversions potentially degrade the quality of the streamflows in Brush Creek. As shown on the Water Rights Map in Figure 5, the Town's municipal diversion structure is located in the upper portion of the Brush Creek basin. Again, diversions from this region remove the higher quality water derived from areas underlain by the resistant sedimentary formations. If this higher quality water were left in Brush Creek, it would mix with and dilute the poorer quality water derived from the more soluble Eagle Valley Evaporite formation. 11 Figure 6 Town of Eagle Municipal Water Use Average Daily Demand vs. Peak Day Municipal Water Demand 8.00 Avg Peak Year (cfs) (cfs) 6.00 2002 1.54 3.53 2003 1.43 3.48 2004 1.59 4.08 2005 1.75 4.53 4.00 2006 2.15 4.85 2007 2.13 5.07 2008 2.15 5.24 2.00 2009 1.96 4.55 2010 1.97 4.66 Avg 1.79 4.24 0.00 2002 2003 2004 2005 2006 2007 2008 2009 2010 Average Daily Demand vs. Peak Day Demand-WINTER (Nov-Mar) . 8.00 Y,v; Peak Year i,,i!<) (cis) 6.00 2002 0.97 1.88 2003 0.75 1.02 2004 0.91 2.17 2005 0.91 1.30 4.00 2006 1.24 2.04 2007 1.03 2.32 2008 1.19 2.92 2.00 - A �� a,..., ., s.v s .01 2009 1.08 2.04 2010 1.05 1.66 ° .. Avg 1.00 1.84 " 2002 2003 2004 2005 2006 2007 2008 2009 2010 Average Daily Demand vs. Peak Day Demand-SUMMER(Jun,Jul,Aug) 8.00 Peas, Year (cis) 6.00 2002 2.66 3.53 2003 2.66 3.48 2004 2.75 4.08 2005 3.18 4.53 4.00 2006 3.83 4.85 2007 4.08 5.07 �" ` 2008 4.01 5.24 1 °" � � 5 � __ ,, 2009 3.40 4.55 „„. 2010 3.70 4.66 ' �y� y Avg 3.22 4.21 n7f y . _7 - r ---, 2002 2003 2004 2005 2006 2007 2008 2009 2010 ■RESOURCE E NO IN E ERINO,INC. ryp wsoniw..prol wo-,iar cwm1. 3.3 Urban Land and Road Development Water quality in the lower Brush Creek basin is also potentially impacted due to urban development within the Town. Brush Creek bisects the Town and is located in proximity to roads, residential homes and light commercial development. These developments produce urban runoff and if not properly managed and controlled can adversely affect stream water quality. Urban influences on Brush Creek are expected to increase as the Town of Eagle continues to grow within areas close to lower Brush Creek. 3.4 Future Town Growth The Town of Eagle has exhibited strong and continuing growth patterns over the last 100 years. Over this last century, the Town's population has increased from approximately 185 residents to today's estimated population of 7,000 residents.' The average annual growth rates over this period have varied from 3% to over 6%, with the most recent growth projection established at 3.4%.2 A summary of the Town's historic growth pattern over the last century and its projected future population based on a 3.4% growth rate is shown in Figure 7. At an annual growth rate of 3.4%, the Town of Eagle could expect a population increase of 170% over the next 30 years, which equates to approximately 19,000 residents. Assuming that the future population will have similar water demands and similar water use patterns to existing residents, the Town's annual municipal diversions could approach 4,100 AF. The average and peak day diversions associate with this growth could approach 5.6 cfs and 13.2 cfs respectively. 1 Venturoni Surveys&Research, Inc., 2007 Town of Eagle Community Survey and Town of Eagle Data 2 Town of Eagle Community Plan,2010. 13 IML I I 1 I I p Cr 0 0 0 M 0 C9 N 0 N 0 1111111.1111111111111 N N O O O O o N N O ai IIIII O im 0 co cn o - w . O • O Y 1111 °° a1 > O ID • ■■ `- r7 iw N 1§ gl. III c °O O V p 0 T r w . ° O N O 03 -8 L � 2 Ig H M ill- IB co - fY o Q I~ CL p L O • w w i v- 2 1 • CO m m o IL au U N D. co p CO o0 n. w . Ill = 1 w } • co o O ci E �o- 0 0 0 0 0 0 0 0 0 0 O o C) 0 0 0 0 0 c '0 Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c _ S= 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (Li E 0 1� (D u'i d' Cl- N r "0 (V cc to N Di cD M (d 7-8 0,7 r r r 'lit/ o @ I U U b N c p cd @ m O CL >,(0 a CD w • C w 1 D (j a a c m o m w 0 o a 0 0 0 0 0 w 0 0 0 o p a d d1 N L CO Cn M �h CO 0 N r h N 3 y+ V V d' 7 d.Z „' V,' C V CD O r(N('�) r(Ci(O a0 O C £j M Ch C�) C w N O Q> d` C� Q' QC� 'lwcEm T.0 C > C c w OD 00 N w c6 (0 TO N O �N W�O N - O . c0') '>.- N ti0 . (0 C (0 (�pp N M u) C w } O C �- O C :4,. Y O 0 > > �, w E $U¢m Y 0 0 o a o 0 0 0 0 C a u1 C L 0 0 0 E `+ 7 N 15 w CCN ON U)N V'M POL7 coN w 000 O U! N m v } 2 o u1 O) u)r N V N CD 07 2 } 2 O V' V d' O 3 g- ,_.° aco °aC7 c) m N 811 WO- E 2c p?: CO v.u)co ON CD OOONp Oo ON (O g(9 C� (8 '}NOD CO C V V CD 111 OD0 ,_sO h(D0 (p C N CC Z ° (prr M M 41.t4 N- 0 -00 (60 r(Do T- 05 0.roi�oi _ c D¢ a 0- a o a 0< Qw8e .@ to a m " (n z_- • wa � W0E 4500 00 0 0 000000 0000 a} c w MZ 14 Cn Zit rn rn rn co rn rn 0 } N NM i/i 0 w > 01 d >... Q l>- - —(N(V N N N IF• 4.0 MANAGEMENT PLAN—MISSION STATEMENT AND GOALS The overall mission of the Brush Creek Management Plan is to provide guidance for the implementation of actions that will protect and enhance the water resource values associated with the Brush Creek watershed. To achieve this mission, three goals have been developed. Attainment of these goals will help protect and sustain the economic and ecological resources provided by the Brush Creek watershed. The Town's watershed goals are as follows. Goal No. 1: Maintain sufficient streamflow in Brush Creek to support and protect the Stream's aquatic environment. Goal No.2: Protect and improve the quality of Brush Creek and its tributaries. Goal No.3: Establish and promote land and water management practices that conserve and protect the natural resources of the watershed. 5.0 WATERSHED POLICIES AND MANAGEMENT STRATEGIES In order to successfully accomplish the goals set forth in the previous section, specific Town policies and management strategies have been developed. This section describes in some detail how these policies and management strategies address the Town's goals for the protection of the Brush Creek watershed. GOAL NO. 1: MAINTAIN SUFFICIENT STREAMFLOW IN BRUSH CREEK TO SUPPORT AND PROTECT THE STREAM'S AQUATIC ENVIRONMENT Policy No. 1: Decisions that affect the quantity of water in Brush Creek will include collaboration with relevant public and private entities, as well as relevant planning documents adopted by the Town (2010 Community Plan). Strategies: 1. Work with the Bureau of Land Management (BLM), United States Forest Service (USFS), State Land Board and Eagle County to amend the resource management and forest plans applicable to the Eagle Area to reflect the tools and implementing actions 15 set forth in the Eagle County Comprehensive Plan, Eagle River Watershed Plan, the Town's Open Lands Conservation Plan, the Eagle Area Community Plan and this watershed management plan. 2. Implement the relevant policies and action items from the Eagle River Watershed Plan. 3. Work with the USGS to monitor water quantity and water quality by utilizing the Eagle River Watershed Retrospective Assessment Program. Policy No. 2: Improve irrigation efficiencies, reduce the amount of water historically diverted by large agricultural ditches, and implement water conservation practices within the Town. Strategies: 1. Work with basin diverters to implement water conservation measures and reduce diversions through improved irrigation efficiencies such as converting flood irrigation to sprinkler irrigation. 2. Implement the Kummer Development Corporation Irrigation Plan. In 2002, the Town and Kummer Development Corporation (KDC) entered into an irrigation agreement, which governs the amount of allowable diversions through various headgate structures in Brush Creek. KDC owned a significant portion of the large agriculture diversion structures and associated water rights in the upper and mid Brush Creek regions, and was seeking various developments in and around the Town. The Irrigation Plan was part of a larger Settlement Agreement that was entered into to resolve issues related to the development proposals. The Irrigation Plan was designed to sustain and/or enhance Brush Creek streamflows during dry year periods. Portions of the KDC properties have been sold; however, the commitment to implement the Irrigation Plan has been assigned to the successors in interest to the KDC properties. Subsequent references to KDC in this document also include KDC's successors in interest. In general, the Irrigation Plan seeks to maintain minimum streamflows in Brush Creek equivalent to the Colorado Water Conservation Board's (CWCB) instreamflow right of 12.0 cfs. This instream water right is the amount of water that the Colorado Division of 16 Wildlife and the CWCB have determined adequate to protect the natural environment of Brush Creek to a reasonable degree. To maintain this streamflow, the Irrigation Plan places limits on the amount of water that can be diverted from Brush Creek under senior KDC water rights. Portions of the Irrigation Plan have been completed in recent years, while other segments have yet to be implemented. Overall, the key components of the Irrigation Plan are shown in Figure 8 and include: a. KDC has agreed to move its points of diversion for the Staton and Cissna Ditch and the Matheny and Tabor Ditch water rights to a location downstream of the Town's municipal intake on Brush Creek. This downstream transfer will help maintain streamflow levels at critical locations in Brush Creek immediately below the Town's point of diversion. b. KDC has funded the installation and operation of a streamflow gaging station on Brush Creek downstream of the Love and White Ditch headgate. This gaging station will be one of three monitoring sites on Brush Creek to help implement the Stream Management Plan. Eagle Ranch has constructed a gaging station near Ouzel Lane for the purpose of monitoring stream flow in the middle section of Brush Creek and to implement conservation measures of the Eagle Ranch Golf Course Irrigation Plan. A future gaging station will also be installed below the Town's intake. c. KDC agreed to place certain limits on the amount of water it diverts from its various Brush Creek diversion structures. These limits are less than historic diversions and are made possible by increased irrigation efficiencies associated with the Frost Creek golf course and residential development and reduced flood irrigation on agricultural tracts in the Haymeadow and KDC Lower Ranch properties. As described above, the diversion limits were part of various settlement and water service agreements between the Town and KDC and are binding on KDC's successors in interest to the Brush Creek properties and water rights. Three scenarios have been developed to determine the diversion limit placed on each diversion structure; one for average and wet year conditions, a second for dry year conditions, and a third for"critical" dry year conditions. The amount of water allowed for diversion was calculated based upon crop needs, irrigation efficiencies 17 and reduced ditch conveyance losses. The allowed maximum diversion limits for each scenario are summarized in Tables 1,2 and 3.3 The definition of average/wet conditions, dry year conditions and critically dry year conditions will be based upon the Brush Creek streamflows. During dry and critically dry years, KDC will reduce its diversion amounts to help maintain Brush Creek streamflows. The streamflow gaging station installed on Brush Creek below the headgate of the Love and White Ditch is used to help define the type of water year(average,wet, dry and critically dry) and corresponding diversion limits. Average/Wet Year During average and wet years when streamflows below the Love and White Ditch remain well above the CWCB's 12.0 cfs minimum, KDC can divert at rates up to the amounts shown in Table 1 for each diversion structure. Dry Year As streamflows recede and approach the CWCB's minimum streamflow of 12.0 cfs, KDC will begin to cut back its diversion to amounts no greater than those shown in Table 2. For the purposes of this agreement, the trigger point by which diversions will be reduced to values in Table 2 will occur when the streamflow at the gaging station located below the Love and White Ditch is at or below 16 cfs. During these dry conditions KDC will use the Brush Creek diversions only as necessary to meet irrigation demand and not for flow through water features. When streamflows beneath the Love and White Ditch are at or drop below 16 cfs and KDC has had to curtail diversions to meet the limitations in Table 2, the Town of Eagle and other participants in the Brush Creek Watershed Management Plan would also begin to implement water conservation components as identified in later Sections of this Brush Creek Management Plan. The intent of this Irrigation Plan is that during dry year conditions, all participating entities in the Management Plan, including KDC, would begin to implement water conservation measures at approximately the same time. 3 The identified diversion amounts outlined in Tables 1 through 3 are not guaranteed and may not be fully available in certain months of dry years. Like all Colorado water rights,the Kummer Development Corporation rights must be in priority and have sufficient physical water supplies available at the respective points of diversion on Brush Creek. Similarly, the identified restrictions can only apply to those water rights owned or controlled by the Kummer Development Corporation. 18 Critical Dry Year If streamflows continue to recede and drop below the CWCB minimum of 12.0 cfs, KDC will further curtail its diversions to amounts shown in Table 3. Furthermore, KDC will curtail its irrigation on 50% of the golf course rough associated with the Frost Creek development. This provision will result in an irrigation reduction of at least 50 acres. The extent of golf course irrigation and associated curtailment will be based on a golf course as-built survey submitted to the Town. Under all three operating scenarios KDC agrees not to place a call on Brush Creek from any of its water rights if such a call would cause any of the Town of Eagle's municipal water rights in Brush Creek to go out of priority. Irrigation Table Modifications The allowable diversion amounts shown in Tables 1, 2, and 3 assume that the agricultural fields associated with KDC's properties will continue to be flood irrigated. If in the future these areas are converted to sprinkler irrigation, the allowable diversion rates will be reduced to reflect the improved irrigation efficiencies. In addition, the Town and KDC may from time to time review the effectiveness of the diversion limitations outlined in Tables 1, 2, and 3 and make adjustments if necessary. Any adjustments, however, will be made only to benefit Brush Creek and/or to protect senior water rights and the adjustments must be mutually agreed to by both parties. The allowable diversion limits outlined in Tables 1, 2, and 3 for the proposed Frost Creek Golf Course and residential development were based upon the calculated maximum day irrigation demands, which include up to 108 acres of golf course irrigation and up to 265 acres of residential/open space landscape irrigation. To the extent that actual irrigated acreage is less than that anticipated above, the allowable diversion rates expressed in Tables 1, 2, and 3 will be adjusted downward accordingly. Increased Streamflow Trigger Point KDC acknowledges that the Town, as part of this Brush Creek Watershed Management Plan, is studying the possibility of constructing a new water treatment 19 plant located downstream near the confluence of Brush Creek and the Eagle River. When constructed, the downstream treatment plant could reduce the Town's municipal water diversions from upper Brush Creek thereby helping maintain critical streamflows. Should the Town construct and operate a new downstream treatment plant, it would require that the amount of water saved and bypassed at its upper diversion site remain in Brush Creek past KDC diversions. As a result, KDC agrees to initiate its streamflow curtailment as outlined in Tables 1, 2, and 3 at higher streamflow amounts equal to the volume of water being diverted at the new downstream treatment plant. By way of example, if the new downstream treatment plant was diverting 1 cfs of water during the summer period, KDC would increase its streamflow mitigation trigger point from 16 cfs to 17 cfs in dry years and from 12.0 cfs to 13.0 cfs in critically dry years (Table 3). Similarly, if the Town was diverting 1.5 cfs of water at the new downstream treatment plant, KDC would increase its trigger point in a critical dry year to 13.5 cfs. This trigger point increase would only be required if the Town transfers existing upper basin water rights down to the new treatment plant and demonstrates an actual reduction in upper basin diversions. d. Historically, many of the agricultural ditches to be curtailed under this Irrigation Plan diverted water to irrigate KDC's "Haymeadow" property located southeast of Town. These ditches include the Hollingsworth-Potter Ditch, the Love and White Ditch, the Wilkinson Ditch and the Mathews Ditch. The location of these historic ditch headgates are depicted on the Irrigation Plan Map in Figure 8. To the extent that Brush Creek streamflows within the reach located between the Love and White Ditch and the Squire and Hammond Ditch headgate drop below 12.0 cfs, KDC will divert up to 4.0 cfs of the allowable diversions indentified in Tables 1, 2, and 3 through a pump back system. The pump back system will originate from a location immediately above the Squire and Hammond Ditch and serve the Haymeadow property. By foregoing diversions at the upper ditch headgate sites, KDC will be able to irrigate a portion of the Haymeadow property while helping to maintain Brush Creek streamflows through a 2.3 mile stream reach extending from the Love and White Ditch headgate down to the Squire and Hammond Ditch headgate. 20 t} 1 E ,,,, R d j <Pco Town of Eeglc t +�0� Eagle River Water Treatment Prate - tweaked tarry. N .tlf 1),. N''Y` � Cr„ r YbvM'"YOfEagta . "" d;t. > ` INa.'2 EAGLE ,.. i Mathews Ditch 0.5 Ranch Parcel IQ"of6141e IF - " SQUIRE AND HAMMOND { ♦ GAGING STATION - Wilkinson Ditch ERQC � ` ARRA Ranch Parcel cn , CKP Ditch �� J � ,pump Pum 'T;,,....• ` _ ,'Back Back w, lie Love and White Ditch Q Ranch Parcel QJ it Squire and Hammond Ditch N LOVE AND WHITE GAGING STATION �‘i''' ,1, 4 , r� t McKenzie Ditch 'a Hollingsworth-Potter Ditch Ranch Parcel „..,,` Ranch Parcel Love Frost �z Ranch Parcel y i East Frost t Salt Creek Parcel Frost Ditch Borah Ditch ti. Golf Course Parcel Golf Course Parcel Upper Frost Ditch /he Golf Course Parcel Brush Creek Eagle /he Plant BRUSH CREEK ■ Miles Ditch I - WATERSHED _ GolfCourseParcell _ ITOWNOFEAGLE —I GAGING STATION "° l •.(1 rf :., I k Town of Eagle f-, Trdfr��,ttared(t15,” Brush Creek Gravity Water System Intake BQIOW. i{I/fl 1.'r APOD-Brush Creek Intake No.I r APOD-Brush Creek Intake No 2 {J Intake c% .\ t»5 Staton and Cissna Ditch , 0 `, Matheny and Tabor Ditch TYPE OF PLAN I • KDC Irrigation Plan I„-kv," 1 a a„rr r McnmraCn 0 ER Irrigation Plan ` , -- 1 , @✓d Source USGS 100k Map Figure 8 Map of Kummer Development Corporation and Eagle Ranch Irrigation Plans Brush Creek Watershed Management Plan Date 03-18-2011 Miles RESOURCE Ai-- File 161 13 0 ENG NEED NG INC I I ” Drawn.ANM 0 0.5 1 2 3 Approved.RSF Table 1 Kummer Development Corporation Creek Developments Allowed Diversion Limits Average and Wet Years GOLF COURSE PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Upper Frost System(1) 8.57 8.57 8.57 7.49 6.49 5.49 Borah Ditch f2) 0.50 0.50 0.50 0.50 0.50 0.50 Frost Ditch(2) 1.70 1.70 1.70 1.70 1.50 1.50 Total Allowed Diversions 10.77 10.77 10.77 9.69 8.49 7.49 SALT CREEK PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) East Frost Ditch(2) 1.00 1.00 1.00 1.00 1.00 1.00 Total Allowed Diversions 1.00 1.00 1.00 1.00 1.00 1.00 RANCH PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Love Frost Ditch(2) 1.50 1.50 1.50 1.50 1.00 1.00 McKenzie Ditch(2) 3.50 3.50 3.50 2.50 2.50 2.50 Hollingsworth/Potter Ditch(2) 2.00 2.00 2.00 2.00 1.00 1.00 Love&White Ditch() 5.00 5.00 5.00 5.00 5.00 5.00 Wilkinson Ditch(3' 5.80 5.80 5.80 5.80 5.80 5.80 Mathews(3) 5.00 5.00 5.00 5.00 5.00 5.00 Total Allowed Diversions 22.80 22.80 . 22.80 21.80 20.30 20.30 TOTAL ALLOWED DIVERSIONS 34.57 34.57 34.57 32.49 29.79 28.79 • Notes: (1) Upper Frost System includes diversions under the Schlutter,the Staton and Cissna,and the Matheny and Tabor water rights. Diversion values have been reduced by 0.93 cfs from those in the 1999 KDC Irrigation Plan. This amount represents diversions by others in the ditch system. Therefore,the net amount allotted to KDC remains unchanged from the 1999 Agreement. (2) Diversion values unchanged from KDC Irrigation Plan 1999 Agreement. (3) Diversion up to decreed amount. • AtiRESOURCE ENGINE E AI NO,I N C. Table 2 Kummer Development Corporation Creek Developments Allowed Diversion Limits Dry Year Streamflow below Love&White Ditch are less than 16.0 cfs and greater than 12.0 cfs GOLF COURSE PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Upper Frost System t') 5.85 6.18 6.50 5.39 4.23 4.23 . Borah Ditch(2) 0.50 0.50 0.50 0.50 0.50 0.50 Frost Ditch(2) 1.45 1.45 1.45 1.45 1.45 1.45 Total Allowed Diversions 7.80 8.13 8.45 7.34 6.18 6.18 SALT CREEK PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) East Frost Ditch(2) 0.46 0.46 0.46 0.46 0.46 0.46 Total Allowed Diversions 0.46 0.46 0.46 0.46 0.46 0.46 RANCH PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Love Frost Ditch(2) 0.50 0.50 0.50 0.25 0.50 0.50 McKenzie Ditch(2) 2.42 2.48 2,54 2.03 2.23 1.98 Hollingsworth/Potter Ditch(2) 2.00 2.00 2.00 1.70 1.30 1.30 Love&White Ditch(3) 5.00 5.00 5.00 4.25 3.25 3.25 Wilkinson Ditch(3) 5.80 5.80 5.80 4.93 3.77 3.77 Mathews(3) 5.00 5.00 5.00 4.25 3.25 3.25 Total Allowed Diversions 20.72 20.78 20.84' 17.41 14.30 14.05 TOTAL ALLOWED DIVERSIONS 28.98 29.37 29.75 25.21 20.94 20.69 Notes: (1) Upper Frost System includes diversions under the Schlutter,the Staton and Cissna,and the Matheny and Tabor water rights. Diversion values have been reduced by 0.93 cfs from those in the 1999 KDC Irrigation Plan. This amount represents diversions by others in the ditch system. Therefore,the net amount allotted to KDC remains unchanged from the 1999 Agreement. (2) Diversion values unchanged from KDC Irrigation Plan 1999 Agreement. (3) May through July diversions are based on the lesser of:1.)an irrigation duty of 1 cfs per 35 acres irrigated or 2.)the sum of all senior water rights in the ditch. Senior water right is defined as any water right decreed prior to the 1907 basin adjudication. August diversions were calculated as 85%of July diversions. September and October diversions were calculated as 65%of July diversions(same as the KDC Irrigation Plan 1999 Agreement). II/RESOURCE EN GI NEE AI NG,INC. apt.,co 01001 Table 3 Kummer Development Corporation Creek Developments • Allowed Diversion Limits Critical Dry Year Streamflow below Love&White Ditch are less than 12.0 cfs and Golf Course rough irrigation is reduced 50% GOLF COURSE PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Upper Frost System(') 4.39 4.64 4.20 3.49 2.63 2.63 Borah Ditch(2) 0.50 0.50 0.50 0.50 0.50 0.50 Frost Ditch(2) 1.45 1.45 1.45 1.45 1.45 1.45 Total Allowed Diversions 6.34 6.59 6.15 5.44 4.58 4.58 SALT CREEK PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) East Frost Ditch(2) 0.46 0.46 0.46 0.46 0.46 0.46 Total Allowed Diversions 0.46 0.46 0.46 0.46 0.46 0.46 RANCH PARCEL May Jun Jul Aug Sep Oct Diversion Structure (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) Love Frost Ditch(2) 0.38 0.38 0.50 0.25 0.50 0.50 McKenzie Ditch(2) 1.82 1.86 2.54 2.03 2.23 1.98 Hollingsworth/Potter Ditch(2) 1.50 1.50 1.40 1.00 1.30 1.30 Love&White Ditch(3) 3.75 3.75 3.75 3.19 2.44 2.44 Wilkinson Ditch(3) 4.35 4.35 4.35 3.70 2.83 2.83 Mathews(') 3.75 3.75 3.75 3.19 2.44 2.44 Total Allowed Diversions 15.55 15.59 16.29 13.36 11.74 11.49 TOTAL ALLOWED DIVERSIONS 22.35 22.64 22.90 19.26 16.78 16.53 Notes: (1) Upper Frost System includes diversions under the Schlutter,the Staton and Cissna,and the Matheny and Tabor water rights. Diversion values have been reduced by 0.93 cfs from those in the 1999 KDC Irrigation Plan. This amount represents diversions by others in the ditch system. Therefore,the net amount allotted to KDC remains unchanged from the 1999 Agreement. (2) Diversion values unchanged from KDC Irrigation Plan 1999 Agreement. (3) Critical dry year diversions were calculated as 75%of the dry year diversions. a RE S O URCE ENG I NE E NING INC. goo eo G. piq cKn We,37%.46.113i RIM. 3. Implement the Eagle Ranch Golf Course Irrigation Plan. The Town of Eagle leases a certain amount of its water rights to the Eagle Ranch Metropolitan District (Lessee) for the irrigation of the Eagle Ranch Golf Course. Under the Terms of the water right lease agreement and upon terms contained in an earlier Annexation Agreement involving the subject property, the golf course is under obligation to curtail irrigation diversions during low flow conditions. The golf course irrigation diversions generally occur through the headgate of the Squire and Hammond Ditch. Under the Eagle Ranch Golf Course Irrigation Plan, when the streamflows in Brush Creek, as measured below the headgate of the Squire and Hammond Ditch, drop below 12 cfs, the Lessee shall bypass its irrigation water as necessary to maintain 12.0 cfs below the headgate. Alternate irrigation supply will be obtained through a pump back system originating at the downstream CKP Ditch headgate. This pump back system, which is shown in Figure 8, helps preserve the minimum flows within a reach of Brush Creek extending from the Squire and Hammond Ditch down to the CKP Ditch. Under this Irrigation Plan, the Lessee shall at no time place a call on the water rights of the Town. Furthermore, the Lessee shall also be required to curtail irrigation of all or a portion of the golf course roughs (approximately 38.0 acres)during dry conditions when and if the flows in Brush Creek drop below 16 cfs. The extent and location of these outer roughs have been identified in the Lease Agreement. The effect of this curtailment will be to reduce irrigation from approximately 133.4 acres down to approximately 95.4 acres. During critical dry year conditions when streamflows drop below 12 cfs as defined in the Town's Water Conservation Plan adopted as Section 12.07 of the Eagle Municipal Code (discussed in Goal No. 3) the Lessee shall also curtail the irrigation of "transition areas". The extent and location of these "transition areas" have been identified in the Lease Agreement. The effect of this additional curtailment is to remove an additional 55.4 acres of irrigated land during the critical drought period. During "emergency restrictions" as defined in the municipal code, the Lessee must limit golf course irrigation to tees and greens (7.6 acres). 25 4. Conserve water for the protection of the Town's municipal water supply system and Brush Creek Develop and implement a water conservation ordinance. In 2009, the Town amended its municipal code to include a water conservation plan. Section 12.07 of the Town's Water Conservation Plan establishes comprehensive guidelines for lawn and open space irrigation and other water use activities within the Town. The goal of the water conservation plan is to reduce both peak day water demands and overall water use by Town residents. This action helps prolong the life of the Town's current water treatment system, and it protects the health, quality and quantity of the streamflow in Brush Creek. The water conservation plan provides four tiers of water use restrictions dependent upon the type of year: average, dry, critically dry and emergency situations. As conditions in the Brush Creek basin become dryer, the water use restrictions increase. Stage 1 conservation measures are required each year. This stage prohibits the waste of water within the Town, places limits on the time of day and season when irrigation water can be used, and establishes Even/Odd irrigation schedules. Stage 2, Stage 3, and Stage 4 are implemented during dry, critically dry, and water emergency years respectively. Each stage requires an additional set of water conservation measures. The dry year and critically dry year triggers are based, in part, upon the same minimum streamflow amounts identified in the KDC and Eagle Ranch Irrigation Plans. These water use restrictions help to provide basin wide water conservation by all parties during periods when the streamflow is low. Figure 9 provides a summary of the various water conservation efforts designed to protect and maintain Brush Creek streamflows as identified in Goal No. 1. 26 f o I. - TR4ft.. 7 Red ice o EAGLE CRITICAL DRY YEAR RESTRICTIONS Squire and Hammond Gage below 16,0 cfs r Squire and Hammond Gage below 12.0 cfs Town of Eagle Town of Eagle ,,,e.' ` 1.)Implement measures under Stage 1 of Town's - 1)Implement measures under Stage 1.2,and 3 of Town's ' Water Conservation Ordinance Water Conservation Ordinance Eagle Ranch Golf Course Eagle Ranch Golf Course ., 1.)Reduce irrigation on golf course outer roughs 1.)Reduce irrigation on golf course outer roughs plus ''- (38.0 acres). "transition"areas(55.4 acres). SQUIRE AND HAMMOND ,,' # GAGING STATION �``«: :l f LOVE AND WHITE ff� 8 GAGING STATION • Cr ., Trail CRITICAL DRY YEAR RESTRICTIONS 1 Love and White Gage below 16.0 cfs Love and White Gage below 12.0 cfs Town of Eagle Town of Eagle .. 1.)Implement measures under Stage 1 and 2 of Town's I,)Implement measures under Stage 1,2,and 3 of Town's Water Conservation Ordinance Water Conservation Ordinance I Kummer Development Corp. Kummer Development Corp, 1.)Reduce agricultural diversions pursuant to Table 2 I.)Reduce agricultural diversions pursuant to Table 3 it limits outlined herein, limits outlined herein. ftu.1C• f 2.)Reduce diversions to Frost Creek Golf Course 2.)Curtail irrigation on non-essential golf course rough at +1�;rt<ntarrl .r,r� pursuant to Table 2 limits outlined herein. Frost Creek Golf Course. 7 \: 1 r ly II,ii, M1i r 3.)Implement the 4.0 cfs Squire and Hammond pumpback to serve Haymeadow property, S.4.1,,,,, TOWN OF EAGLE I 1 +�4/4,,,, GAGING STATION - • • ._• t '`,C' CRITICAL DRY YEAR RESTRICTIONS /-v. Town of Eagle Gage below 12.0 cfs d Town of Eagle J'y • 1.)Implement measures under Stage 1,2.and 3 of Town's ' .4 Water Conservation Ordinance, 621 Implement releases from Sylvan Lake pursuant to /� 1 Agreement with State. • Kummer Development Corp. -- •Moved its Staton Cissna Ditch and Malheny Tabor Ditch r,[ r) , h { headgage diversions below the Town's municipal intake L. fl ' T t.-' I � 1 { to reduce impact to stream. Eagle Ranch Golf Course 1.)Reduce irrigation of golf course outer rough plus "transition"areas(55.4 acres). j ' dci.r I t �,. , �_. r t 1 s . BRUSH GREEK :. , WATERSHED t 'r r. ,i .� 1 it .. p 1,-,Y1 t:Ari)A MI,.SC,Arr Source. USGS100kMap Figure 9 , ,...:Map of Dry Year and Critical Dry Year Restrictions Brush Creek Watershed Management Plan IEN IMM Miles Date:03-18-2011 RESOURCE File.161-13.0 ENOINEEPING.INC. Drawn:ANM ...,«V,,..,..,a..,.;,,,...• 0 0.5 1 2 3 Approved:RSF 5. When conservation efforts are not enough to protect the Town's municipal water supply system and Brush Creek, mitigate with available upstream water sources. Initiate streamflow mitigation in accordance with the Sylvan Lake Agreement. In October 1994, the Town entered into a contractual agreement with the State of Colorado by and through the Department of Natural Resources for 125 AF/yr of reservoir space in Sylvan Lake. In exchange, the Town transferred its interest in the Confluence Reservoir storage right (360 AF/yr), the historic consumptive use credits associated with its interest in the Love and White Ditch 2nd Enlargement water right(94 AF/yr), and a portion of the historic consumptive use credits associated with its interest in the Upper Frost Ditch 1st Enlargement water right (25.9 AF/yr) to Sylvan Lake. These transferred water rights provide both an augmentation supply to replace evaporation and seepage losses from Sylvan Lake and a "last-in-line"water supply for the Town. The mitigation action plan would server as a backstop to the Town's water conservation efforts. At such times when the Town is following the strategies outlined in the Water Conservation Plan and the streamflow in Brush Creek below the Town's municipal gravity diversion structure drops below minimum standards, the Town can request that the Division of Parks and Outdoor Recreation release water from Sylvan Lake. This available upstream water supply allows the Town, as a last resort, to continue diverting from Brush Creek in an amount of 125 AF/yr without further impacting the streamflow conditions below the Town's municipal gravity system. GOAL NO.2: PROTECT AND IMPROVE THE QUALITY OF BRUSH CREEK AND ITS TRIBUTARIES Policy No. 3: Maintain Brush Creek streamflow standards and use classification as designated by the Colorado Department of Public Health and Environment. Strategies: 1. Control and/or minimize the input of sediment, stormwater runoff, nutrients and other pollutants to Brush Creek through implementation of the Town's Municipal Watershed Protection Ordinance. Section 12.24 of the Eagle Municipal Code. 28 Under Town Municipal Code 12.24.030, the Town is directed to exercise regulatory and supervisory jurisdiction over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal supplies are diverted. The authority to implement this regulation arises from State Statute 31- 15-707(b) and is commonly referred to as the "municipal watershed protection ordinance". The purpose of the Statute is to provide local municipal governments with a procedure to protect their domestic water supply. The ordinance is not intended to be a tool to regulate land use activities; such activities will continue to be regulated by the County, federal government, or other entity with jurisdiction over land use activities within the 5 mile zone of influence. The Town, however, can enforce water quality regulations or activities that create a foreseeable risk of injury to the Town's water supply intake. Such regulations might include; implementation of site specific Best Management Practices(BMP's), grading plans, revegetation requirements and limits on herbicides or other potentially hazardous materials. The Town will take the following actions. a. Update the Town's jurisdictional map (5 mile radius) and maintain such map on file in the Town Clerk's office. The jurisdictional area is shown in Figure 10. b. Distribute a copy of the Town's jurisdictional map to Eagle County, the Bureau of Land Management and the U.S. Forest Service with an alert that the Town will require review of any proposed activities that fall within the 5 mile jurisdictional zone. c. Under the municipal watershed protection ordinance, develop a list of prohibited activities and activities that the Town will require notice and permitting. d. Develop a permit application form and fee. The application forms should outline the specific information needed from the Applicant to facilitate evaluation by the Town. 29 ■ Watershed P tection ' , �P tf'^y wamon Jurisdictional B�pundary� I:x` l 5 Mile Zone of Inf nce , Surr9ipding theTown f Eagle's/ i MUnlapal Dive ions go LI f .1C. 1 Sr 1.70 },< ■ EAGLE ,,, Brush Creek Watershed �t kx < a ,�. A6..saw ; f ., Edwards \ a d \ '. I . jf/ C 'g& � z 4 ', '` z , ' , v 1 �� ' „'. it',( E SI TYPE of LAND USE =,'�t w. t United States Forest Service -,.� ,,,'' '"/ r y' pr Bureau of Land Management �� t r e State of Colorado 1 �" " , Department of Natural Resources ( ( ti g,3ir{r;•i Private e 1 E 1 ' ) 1 'ti\ Mr A i, f fir i, "h..- i r 4 I 1 /' f ' j /, t Source:USGS100kMaps Figure 10 Watershed Protection Jurisdictional Boundary Brush Creek Watershed Management Plan Date 03-18-2011 RESOURCE Mies s4 File:161-13.0 CNN INEERI NO,I NC. D,awnro.ANM 0 0.5 1 2 3 4 5 Appved:R S F Policy No. 4: Impacts from development will be mitigated so that environmentally sensitive areas are protected and stream health can be maintained. Strategies: 1. Utilize the Analysis Mapping in the Eagle Area Community Plan to identify which critical lands to conserve and address impacts through the development review process. 2. Continue to restrict new development in floodplains and riparian areas with a 75' minimum setback. Require site-specific studies to ensure full protection of water quality, wildlife habitat and visual/aesthetic qualities. 3. Explore development incentives to encourage and assist landowners in the protection of river/stream corridors and wetlands. These incentives might include flexibility in site development and TDR programs. 4. Implement vegetation and tree protection standards which require developers to document the extent and type of vegetative cover on a site, and preserve (a specified percentage)of such cover. Require appropriate revegetation as a result of grading and excavating. 5. Restrict development on steep slopes, areas with geologic hazards, wildlife habitat areas, and areas with erosive soils and/or mud flows. 6. Implement educational programs about wildlife habitat. GOAL NO. 3: PROMOTE WATER MANAGEMENT PRACTICES THAT CONSERVE AND PROTECT THE NATURAL RESOURCES OF THE WATERSHED Policy No.5: Protect and improve the stream health of Brush Creek. Strategies: 1. Promote the protection of stream banks and vegetation within the Brush Creek "water influence zone" through education and cooperation with local land owners. The "water influence zone" is the area 100 feet to either side of the ordinary high water line. 31 2. Work cooperatively with other governmental entities to promote land use activities that minimize adverse impacts to the Brush Creek watershed. In 1999,the consortium of Colorado State Parks, Eagle County, and the Town of Eagle provided funding to purchase from the Kummer Development Corporation all private lands in the East and West Brush Creek valley floors. The purchase ended several decades of proposed land use scenarios ranging from a large ski area with attendant base area development to dividing the acreage into 35 acre parcels for small residential development. The result of the land purchase was to expand the Sylvan Lake State Park from a small reservoir site to a more significant state park. The Colorado Division of Parks has planned and implemented a lower impact park that results in dramatically less watershed impact than the formerly proposed land uses. 3. Utilize funds from the Eagle Ranch property transfer tax and associated Eagle Ranch Wildlife Mitigation fund to help restore and improve the health and aquatic resources of Brush Creek. Recently, the Town of Eagle in cooperation with the Eagle Ranch Association, Colorado Division of Wildlife and local property owners used available funds from the Eagle Ranch property transfer tax and the wildlife mitigation fund to improve the health of Brush Creek along 3.5 miles of stream through the Town. The project helped create gravel bars, pools, and riffles to help improve the fishery resources. The project also helped to stabilize eroding stream banks. An example of the types of improvements made through this project are show in the before and after photographs in Figure 11. 32 Figure 11 Eagle Ranch Wildlife Mitigation Fund Improvements on Brush Creek Before Project Bank Erosion SW'' ...:...haet,32" 41,,, 0 804 '"4 ' ' ''..' • h' ■',*,.,... Nt, , ..,- 4Y,,e*P'e,' v / tilit,, .'."- ... , 4....1...ix.)..., , . ■,.i4 Q.4'4,, - ' ;'' ' ' ''.' , '..,g,, • ,,,§* ,:''' k,,,,,,'...iii li. ''' '.11".*1 4^^,!'1- *, 4,4,C4:';1.,'L---1,: After Improvement Work Bank Stabilized with Willows and Rock ---....... ..„ , . , „....,,,,,_..---...- 7 ,,.. • . -. ,". , ''' ''-'.. . - '' ' ' •: -.. . .- . . ,. , . . . , . _ I'.. -. ,!IPto, rfs „ • '-4444.-, 4. '. V%, - ., t; _ ,,„, ' . 4.-:. " ALlik-gliiiro ....INK ■ , • 4.';‘,.■44":,-...4. ■,...",.. . — . ":0' ' " • ' ) , .,...._ . . _ - !, 1..k . Town of Eagle Photographs MRESOURCE ■ENGINEERING.INC. .3677-7Mace P701.6,117,..r. 6.0 CONCLUSION The Brush Creek Management Plan is the culmination of two decades of efforts: the evaluation of Brush Creek hydrology, acquiring significant water rights within the basin, negotiation and establishment of agreements with major land owners and state agencies, and establishment of ordinances and policies — all with the objective to maintain and improve the health of the Brush Creek Watershed. The plan summarizes various agreements, ordinances, and policies of the Town of Eagle. The document is designed to meet the needs of educating the public of the Town's efforts, provide a useful guide to policy makers of the Town, and serve as a guide for future land use decisions. The plan will need to be updated from time to time, as further changes to the nature of the valley occur. 34 EXHIBIT G EQUIPMENT 1. 1987 Ford Backhoe 555-B 2. 1998 24' Circle D Trailer,Tandem Axle 3. John Deere—Round Bailer 4. Lincoln Arc Welder Trailer 5. 1037 NewHaulin' Stackliner, 104 bale capacity 6. 300 GM Kuhn rake 7. 2011 John Deere 956 Mower 8. 2011 John Deere 348 Square Bailer 9. Hesston 4570 Square Bailer 10. Herbicide Tank,mounts on tractor 11. Enorossi Doubler Hay Rake 12. V-Ditcher 13. John Deere 2640 Tractor plus mower deck attachment 14. Tiger Line Car Hauler Trailer 15. John Deere 4255 Tractor and Rhino 16. John Deere 7600 17. John Deere 4320 18. John Deere mower 19. Two(2)2004 John Deere All Terrain Vehicles(ATVs) 34 EXHIBIT H TENANT'S INSURANCE CERTIFICATE(S) 35 EXHIBIT I MAP SHOWING LOCATION OF HOUSE 1,HOUSE 2 AND SHANTY TOWN 36 Exhibit I House 7 .t di ►•1 a,,Ch S• House 2 ay CD a Eil Recreation Access Envelope (5.88 Acres) Hardscrabble Ranch Phyiscal Address: 4626 Brush Creek Rd Op: e : ccess n Spce: Feet ''�'�'� Structure !.!.!.!. Existing w _ s_mp "�q µ., Envelope U Parcel Boundary