HomeMy WebLinkAboutC19-074 Colorado Department of Transportation - NOT FULLY EXECUTEDPROPERTY MGMT.NO. PROJECT NO: 170-2 (10) Unit 2 LOCATION: US Hwy 6 MP 157.0 LEASE AGREEMENT (Vacant Land) T, THIS LEASE AGREEMENT made and entered into this — day of /V6C1V 20(1,by and between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter referred to as "Lessor", and THE COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as "Lessee". 01"W0l*111:11 91. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PREMISES. Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as "Premises" located in Eagle County adiacent to the northerly side of US Highway 6 at milepost 157.0. The Premises, known and described as Parcel No. 80 Rev. of Project No. 170-2 (10) Unit 2, includes approximately 90.714 square feet of land area as described in "Exhibit A" attached hereto and incorporated herein by reference, consisting of three (3) pages. 2. TERM. The initial term of this Lease shall be for a period of five (5) years, beginning on _ ;- , 2011, and ending on 2�1gW, 5- —, 20-?Vj, with the option to extend the term of this Lease for four 4) additional five (5) year periods, each commencing when the prior term expires, subject to the cancellation and termination provisions herein. 3. RENT. Lessee shall pay $250.00 for the entire term and subsequent renewal terms hereof. Payments shall be made payable to the Colorado Department of Transportation at: Colo. Dept. of Transportation C/o Accounting Receipts & Deposits 2829 W. Howard PI. Denver. CO 80204 or at such place as Lessor from time to time designates by notice as provided herein In the event Lessor has not received the rental installment hereunder on or before the tenth (10) day of the month when due, a late charge of five percent (5%) of the total installment will be assessed to the Lessee for that month and each succeeding month the payment is not received on or before the 10th day of that month. In the event the Lessee for a rental installment tenders a check, and it is returned to Lessor for insufficient funds, Lessee agrees to pay administrative charges to Lessor of Twenty Dollars ($20.00). Both Lessor and Lessee agree that acceptance by the Lessor of the late payment does not waive Lessor's right to declare Lessee in default of this Lease Agreement. 4. USE. It is understood and agreed that the Lessee intends to use the Premises only for -general use trail, and for no other uses.The Premises may not be used for any other purpose without the specific prior written permission of the Lessor. Any other use of the Premises shall constitute a material breach of this Lease and may cause this lease to terminate immediately at the Lessor's option. 5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments, insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements, and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair and in tenable condition free of trash and debris during the term of this lease. Lessor shall have the right to enter the Premises at any time for the purpose of making necessary inspections. 6. HOLD HARMLESS. To the extent permitted by law, the Lessee shall save, indemnify and hold harmless the Lessor and FHWA for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the Premises. 7. OWNERSHIP. The State of Colorado is the owner or the Premises. Lessor warrants and represents himself to be the authorized agent of the State of Colorado for the purposes of granting this Lease. Rev.5/2018 Page 1 of 6 C19-074 8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised Premises without specific written permission of the Lessor and will not permit the use of said Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor. 9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra- judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent that this agreement is capable of execution. 10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of the term of this Lease, Lessor has the right to cancel the lease without liability by giving the Lessee 30.day written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail, return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 30.day written notice of their intent to do so. 11. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this Lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining provisions of this Lease shall remain in full force and effect. 13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: LESSOR: LESSEE: Colo. Dept. of Transportation County of Eagle Property Management Manager Attn: County Manager 2829 W. Howard PI. P.O. Box 850 Denver, Colorado 80204 500 Broadway Eagle, CO 81631 Notice of change of address shall be treated as any other notice. The Lessee warrants that the address listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of any changes in that address within ten (10) days of such change. 16. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the expiration or sooner termination of this Lease, the Lessee becomes a Holdover Tenant and shall be a month-to-month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other party at least thirty (30) days written notice prior to termination of this holdover tenancy. Rev.5/2018 Page 2 of 6 17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee. 18. HAZARDOUS MATERIALS. To the extent provided by law, the Lessee agrees to defend, indemnify and hold harmless the Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this Lease, which contaminants or hazardous materials the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or released on the property. To the extent provided by law, the Lessee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. Except as specified in Additional Provisions Section 23 (a), no new permanent structures or improvements of any kind shall be erected or moved upon the Premises by the Lessee without the express written prior permission of the Lessor. Any such structure or improvement erected or moved upon the Premises without the express written consent of the Lessor may be immediately removed by the Lessor at the expense of the Lessee. Further, any structures, improvements or items of any kind remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee and may be immediately removed by Lessor at the Lessee's expense. 20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, and successors of the respective parties hereto. 21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of 10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms, agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following: (a) Lessor shall have the right, so long as such default continues, to give notice of termination to Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such notice) this Lease shall terminate. (b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re-enter the Premises and remove there from all persons and property and again repossess and enjoy the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or of such termination. (c) The amount of damages which Lessor may recover in event of such termination shall include, without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages to the property beyond its present condition. (d) Upon the Lessee's failure to remove its personal property from the Premises after the expiration of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives all claims for damages that may be caused by Lessor's removal of property as herein provided. 22. INSURANCE. (Revised 2006 per State Controller Requirements) (a) The Lessee shall obtain and maintain, at all times during the duration of this Lease, insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for them on the Premises to obtain like coverage. The following insurance requirements must be in effect during the entire term of the Lease. Lessee shall, at it sole cost and expense, obtain insurance on its inventory, equipment and all other personal property located on the Premises against loss resulting from fire, theft or other casualty. (b) Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this Lease in Paragraph 4. Rev.5/2018 Page 3 of 6 (c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $50,000 any one fire. If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee, or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. (d) If any operations are anticipated that might in any way result in the creation of a pollution exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following finalization of the Lease. (e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an Additional insured. (f) CDOT shall be named as Additional Insured on the Commercial General Liability Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance program carried by the State of Colorado. (g) The Insurance shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to CDOT by certified mail to the address contained in this document. (h) The insurance policies related to the Lease shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. (i) All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to CDOT. (j) In order for this lease to be executed, the Lessee, or as applicable, their Contractor, shall provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution of this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section. Insurance coverage must be in effect or this lease is in default. (k) Notwithstanding subsection (a.) of this section, if the Lessee is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et sec., as amended ("Act'), the Lessee shall at all times during the term of this Lease maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are not required to name CDOT as an Additional Insured. (1) If the Lessee engages a Contractor to act independently from the Lessee on the Premises, that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on their Commercial General Liability, and Umbrella or Excess Liability policies. 23. ADDITIONAL PROVISIONS. (a) Pursuant to a Special Use Permit heretofore issued by CDOT, Lessee is hereby authorized to install within the Premises a gravel surface driveway and parking area, a recreational trail and portions of a pedestrian bridge. Excepting the forgoing authorization, Lessee shall not modify or alter the Premises without Lessor's prior written approval. Prior to requesting Lessor's approval of any modifications or alterations to the Premises, Lessee shall submit to Lessor a site plan and/or construction drawings depicting and describing all proposed modifications and/or alterations. Any approval(s) given by Lessor shall be subject to and contingent upon full and complete compliance by Lessee of any and all conditions and/or stipulations required by Lessor. Lessee agrees that any approvals given by Lessor shall not operate to transfer any liabilities or responsibilities to Lessor; all modifications and alterations to the Premises shall be at Lessee's sole and absolute risk. In all circumstances, Lessee's work and act of modifying or altering the Premises shall be performed with the highest standard of care to ensure such Rev.5/2018 Page 4 of 6 work and act shall not cause damage to the Premises, to Lessor's adjacent highways, to any utility, to any irrigation facility, to any trees or to the property of any other party. Lessee's work and act of modifying or altering the Premises shall be subject to Lessee obtaining all appropriate permits from any authority having jurisdiction to approve such work. Further, to the extent permitted by law, Lessee shall and agrees to save, indemnify and hold Lessor harmless from any liability for damage or loss to persons or property resulting from this Lease. In the event Lessee engages a contractor to perform any work upon the Premises, such contractor shall be required to save, indemnify and hold Lessor harmless for any liability for damage or loss to persons or property resulting from activities from such work and shall name Lessor as an additional insured party on its insurance policy. Proof of the contractor's insurance must be provided to Lessor prior to any work being conducted on the Premises. (b) The Lessee shall ensure that the Lessee's use and occupancy of the Premises shall not interfere with Lessor's use and maintenance of the adjoining State highway right-of-way or with the installation, operation, maintenance and repair of any highway related facilities or utilities located on, along, over, under, through, across or adjacent to the Premises. (c) Lessor has entered this Lease Agreement and has agreed to Lease the Premises to the Lessee based upon representations made by Lessee that Lessee's intended use of the Premises is in the overall public interest for social, environmental, economic and recreational purposes. (d) In the event Lessee satisfies each and every duty and obligation to be performed by Lessee under this Lease Agreement, Lessor hereby grants to Lessee the option to extend the term of this Lease for four (4) additional five (5) year periods, each commencing when the prior term expires. In order to exercise its option to extend this Lease as aforesaid, Lessee shall give Lessor no less than ninety (90) days advance written notice of Lessee's intent to extend the term of this Lease. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Rev.5/2018 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. The County of Eagle, State of Colorado, By and Through Its Board of County Commissioners By: 0; T' - Grxo-7fa-Z. Federal Tax Identification Number STATE OF COLORADO ) ) ss COUNTY OF EAGLE ) The foregoing instrument was subscribed and sworn to before me this IE5 day of > 20IC by Z4J1.t1t14. �C S as QQMM�SSI Otis( and attested to by'CVQQ�Y!A� {��1%ALr\„ —as The &unty of Eagle, State of Colora Witness my hand and official se I. My commission expires �*+. KAREN S. VALAS NOTARY STATE OF PUBLIC ddress: COLORADO My COMMISSION IEDXPIRES MARCH 29, ?.020 ATTEST: Alicia Clemons Chief Clerk – Property Management Not Public LESSOR: COLORADO DEPARTMENT OF TRANSPORTATION Joshua Laipply, P.E. Chief Engineer Rev -5/2018 Page 6 of 6 Exhibit A CDOT Project Number: 170-2 (10) Unit 2 Lease Parcel DATE: November 9, 2018 LEGAL DESCRIPTION A Lease Parcel of the Eagle County Multi -Use Transportation Trail —Horn Ranch Segment, containing 90,714 square feet (2.082 acres), more or less, located in a portion of Parcel No. 80 as described in the Deed recorded as Reception No. 113007 and as depicted in the State Department of Highways, State of Colorado Federal Aid Project No. 170-2 (30) Unit 2, also lying, for reference, in Section 17, Township 4 South, Range 83 West of the 6th Principal Meridian, Eagle County, Colorado, said Lease being more particularly described as follows: BEGINNING at the westerly corner of said Parcel 80, being monumented with a 3.25" CDOT Aluminum Cap, Point No. 3727, stamped LS 37939, thence along the northerly line of said Parcel 80 the following four (4) courses; 1. N 55'08'57" E a distance of 248.90 feet; 2. N 71°08'57" E a distance of 195.00 feet; 3. S 89'51'03" E a distance of 166.00 feet; 4. S 72'26'24" E a distance of 174.94 feet; Thence S 30'47'11" E a distance of 5.93 feet to a point on the southerly boundary of said Parcel 80 Thence 651.77feet along the southerly boundary of said Parcel 80 along a non tangent a curve to the left, having a radius of 4634.00 feet, a central angle of 08'03'31", the chord of which bears S 55'11'03" W, a distance of 651.23 feet to a point on the westerly boundary of said Parcel 80; Thence N 57°51'33" W along the westerly boundary of said Parcel 80 a distance of 224.30 feet to the POINT OF BEGINNING; The above described parcel contains 90,714 square feet (2.082 acres), more or less Basis of Bearings: All bearings are based on a bearing of S 32'16'48" E a distance of 222.66 feet between the 3.25" CDOT Aluminum Cap, Point No. 3727, stamped LS 37939 described above and a concrete Right -of -Way marker located on the northerly Right -of -Way of Highway 6. Legal Description Created By: �PQO (�� Robert E.Brandeberry �� .5 o� Colorado PLS No. 38388 :. 38388 For and on behalf of SGM a I L ANO Exhibit A Page 1 of 3 I I 1 I a 0 Cif U I I 1 I I I 1 I I Graphic Scale 0 50 100' 200' I rt 1� I In Feet: 1 " = 100' I 1 1 P� X Delta=8'03'31' S R=4634.00' Q ' Point 22 L=651.77' �* D I of Beginning N5T5133 Ch Brg=S5511'03'W 'aPL PL—TP 1S3276'4g E Is of @eorin s 22266' Ch Dist=651.23' N „tea 0, a Ca Lease Area 1 QF 2.082 Acres 3 �O h P� X S Q ' Point 22 �* D I of Beginning N5T5133 'aPL PL—TP 1S3276'4g E Is of @eorin s 22266' N 0, a Ca L°�1 F � 1 1 h I . I S��3289 V Cooley Mesa Gypsum, CO Eagle Valley Trail 1�r+a 2015507001 LEASE Shl 1 �-^a I I 1 B Wes Si.ih $heat, Suie 200 G6 -..d Sprigs, CO 81601 81637 Telephone Eagle to Horn Ranch Oati 11/975 ,s„A..a EXHIBIT 9709451004 ....sgmix.c KiECOVN11 970328.3523,,..,,d,®u.,.sr ea.: 1 d X a � 2 a - AL � * 1 N W a C7� — r • �• oa tiem r= O J .n Z i 4 as v m U5 a o i s > _ E 8.. 3Ya =1 l5 gi • 12 � E m m $ a N Y U �m • - mcg �d � � P ]IT � O • � 1 G _ _ 3 O m N N C 9 C °> 0000 u M I c $ ? c U C tl1 w U L C c i E • ea c � g x o w I CL O G m n r z a m s o z_ x 9 v a "0 :48 M [Zt5 YIOZ SZ O =WHold OMO' S 31U(WdHV1d SMH5-Sd lW0 SOW -H HOHNNOH-100 S1Mll0O3-[OS6SlOZ SIOZ �I T ACOOR o® CERTIFICATE OF LIABILITY INSURANCE E F (MMIDDfYYYY Dnr2/21/2019 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 6300 South Syracuse Way, Suite 700 Centennial CO 80111 CONTACT NAME: Anita Bruner PHONE FAx o x • 303-889-2574 A/c No ; 303-889-2575 ADDRESS: anita bruner@ajg.com INSURERS AFFORDING COVERAGE NAIC If INSURER A: Colorado Counties Casualty& Property Pool PER PARTICIPATION CERT INSURED Eagle County P.O. Box 850 INSURER B: County Worker's Compensation Pool INSURER C: Pennsylvania Manufacturers Assoc Ins Co 12262 INSURER D: Various See Attached Eagle, CO 81631 INSURER E: ARCH INS CO 11150 INSURER F: COVERAGES CERTIFICATE NUMBER: 544991111171A REVISION NIIMRFR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY PER PARTICIPATION CERT 1/1/2019 1/112020 EACH OCCURRENCE $250,000 CLAIMS -MADE F1 OCCUR A A PREMISES Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 250,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 250,000 MXPOLICY PRO 7 LOC JECT PRODUCTS - COMP/OP AGG $ 250,000 $ X I OTHER: Per Member A AUTOMOBILE LIABILITY PER PARTICIPATION CERT 1/1/2019 1/1/2020 COMBINED SINGLE LIMIT $250,000 Ea accident BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per aaIQ $ X Claims Made C UMBRELLALIABOCCUR 821800951483 1/1/2019 1/1/2020 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 X EXCESS LIAB X CLAIMS -MADE DED I X I RETENTIONS 9,,n nnn $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WCX005783204 12/31/2018 12/31/2019 XPER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B County Workers' Camp Pool PER PARTICIPATION CERT 12/31/2018 12/31/2019 $875,000 A D Prop, Mob Eq, Auto PD, XS Excess Property PER PARTICIPATION CERT See Attached 1/1/2019 1/1/2019 1/1/2020 1/1/2020 DEDUCTIBLE $500 $ 150,000 Layered See attachment DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Workers' Compensation SIR: $875,000 Carrier D: CWCP is a qualified Self Insured Pool and is reinsured by Carrier C Colorado Department of Transportation is an Additional Insured as respects general liability policy, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. RE: Lease of premises known and described as: Lease Parcel of the Eagle County Multi -Use Transportation Trail- Hom Ranch Segment, containing 90,714 square feet (2.082 acres), more or less, located in a portion of Parcel No. 80 as described in Deed recorded as Reception No. 113007 and as depicted in the State Department of Highways, State of Colorado Federal Aid Project No 170-2 (10) Unit 2, also lying, for reference, in Section 17, Township 4 South, Range 83 West of the 6th Principal Meridian, Eagle County, CO. See Attached... CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Colorado Department of Transportation ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Property Management Manager AUTHORIZED REPRESENTATIVE X'I" 2829 W. Howard Pl. Denver CO 80204 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Arthur J. Gallagher Risk Management Services, Inc. NAMED INSURED Ea le County P.O Box 850 Eagle, CO 81631 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE PROJECT NO: 170-2 (10) Unit 2 LOCATION: US Hwy 6 MP 157.0 The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. ACORD 101 (2003101) © 2008 ACORD CORPORATION. All rights reserved. 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