No preview available
HomeMy WebLinkAboutC15-146 USFS Pasturing of Stock LetterOFFICE OF THE COUNTY MANAGER 970-328-8604 FAX: 885-848-8629 brent.mcfall@eaglecounty.us www.eaalecounty.us 04 EAGLE COUNTY April 10, 2015 David Neely District Ranger Eagle/Holy Cross Ranger District USDA Forest Service White River National Forest PO Box 190 Minturn CO 81645 Re: Pasturing of Stock Dear Mr. Neely: Brent McFall County Manager I am writing to express our understanding and agreement concerning the USDA Forest Service ("USFS") locating up to 10 horses or mules ("Stock") on the horse pasture property located in Eagle, Colorado which is currently owned by Eagle County. The property is more fully identified on the attached Exhibit "A" to this letter ("Property"). Eagle County understands that the USFS will locate Stock to graze on the Property commencing May 1, 2015 and the Stock will be removed from the Property no later than December 1, 2015 ("Term"). In exchange for the USFS pasturing the Stock on the Property, USFS will be responsible for managing the ditch which is identified as "Ditch #2" on Exhibit "A" and irrigation on the Property during the Term hereof. In addition, during the Term, USFS will also be responsible for weed and pest control on the Property. USFS shall maintain its own insurance or self-insurance during the Term and the parties agree that USFS is using the Property at its own risk and Eagle County is not responsible for any damage or injury to USFS property, personnel, or equipment resulting from the use of the Property. The Parties acknowledge that in the past, a third party has made certain unfounded assertions or claims related to property damage associated with water traveling through and/or management of Ditch #2. Each party may own certain water rights in Ditch #2 which give rise to various rights and obligations under the law. Those water rights and any related benefits or burdens associated therewith are not intended to be addressed by this letter agreement and USFS and County are each separately responsible for their respective water rights and related obligations, if any. As a result, there are no intended third party beneficiaries to this agreement and neither party assumes any responsibility to any third party. County and USFS are not waiving any of their rights to protections as set forth in the Colorado Governmental Immunity Act or as otherwise may permitted by applicable law. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 A -I q( Should either party desire to terminate this arrangement for any reason before December 1, 2015, written notice at least 30 days in advance of such termination shall be given to the other party. Notice should be given to: Ron Siebert Facilities Project Manager Eagle County 3289 Cooley Mesa Road Building A Gypsum, CO 81637 P.O. Box 850 Eagle, CO 81631 Phone 970-328-8881 Ron.seibertLa.,eaglecounty.Lis Stephen D. Elzinga Range Technician White River National Forest Eagle/Holy Cross Ranger District 125 W. Street/ P.O. Box 720 Eagle, CO 81631 Phone 970-328-5896 selzinga,ci%is. fed.us Please sign below to acknowledge and accept the terms of this letter. If you have any questions do not hesitate to contact me. Sincerely, wl(44A Brent McFall County Manager Acknowledged and accepted this l* day of APRit- 2015 By: fad' David Neely, Dis ict nger 0 a r) 0.2 0