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HomeMy WebLinkAboutC20-274 Ridgway Trust Grazing LicenseGRAZING LICENSE BY AND BETWEEN EAGLE COUNTY, COLORADO AND THE CHARLES P. RIDGWAY TRUST AND THE JULIANNE TOLBERT RIDGWAY TRUST This License Agreement (the "Agreement") is effective as of laid-~tJdO between The Charles P. Ridgway Trust and the Julianne Tolbert Ridg~ay Trust with an address of Post Office Box 989, Eagle, CO 81631 ("Ridgways") Eagle County, Colorado by and through its Board of County Commissioners ("County") collectively the "Parties" and individually a "Party". WHEREAS, the Ridgways own certain real property in the County of Eagle, State of Colorado, adjacent to Eagle County's open space described as Lots 1, 2, and 3 of the Ridgway Homesites ("Property"); and WHEREAS, County desires to contract with the Ridgways to allow it to graze livestock and hay on an area that is west of the fence line on the Property as depicted on attached Exhibit A which exhibit is hereby incorporated herein by this reference (the "Premises"); and NOW THEREFORE, in consideration of the promises set forth below and for other good and valuable consideration, the parties agree as follows: 1. PREMISES: a. The Premises shall include the portion of the Property west of the fence line and is identified in Exhibit A. 2. USE: a. County may use the Premises for hay production or to pasture livestock. County may permit its leasees or subcontractors to use the Premises for pasturage. b. County may not use the Premises for any purpose that may injure or deface the same. c. County agrees to keep the Premises free of all noxious weeds and to abide by the Colorado Noxious Weed Act (35-5.5-102, et al, C.R.S.). d. If County uses fertilizers, pesticides, herbicides, and other chemicals and similar substances, it shall use prudence and care in transporting, storing, handling, and applying such substances. County shall comply with local, state and federal law regarding use of such substances. The County shall provide 48 hours' notice to the Ridgways in the event it applies pesticides to the Premises. 1 C20-274 e. Under no circumstances shall County use the Premises for storage of its equipment, salvage, waste items, hay or hazardous material. f. For the purposes in this Agreement, County's access to the Premises is only through the County's adjacent property. 3. TERM: a. This Agreement is in effect for 12 months from the Effective date. The Agreement shall automatically renew for subsequent 12 month periods until terminated. 4. COMPENSATION: a. For the term of the Agreement, County shall pay Ridgways the sum of one dollar ($1.00) annually, which amount shall be payable within thirty (30) days of the effective date of this Agreement. 5. TERMINATION: a. This Agreement may be t.erminated upon Agreement by the parties to terminate for any reason specifying the date of termination. The terminating party shall give the other party thirty (30) days prior written notice. 6. COUNTY'S DUTIES: In addition to duties covered elsewhere in this Agreement, County shall: a. provide feed for all animals pastured on the Premises; b. pay all vet bills attributable to animals pastured on the Premises; c. not remove or relocate any fences that are on the Premises at the commencement of this Agreement without the prior written consent ofRidgways; d. confine all animals in its care within the Premises, and ensure that no such animals impact any adjoining property and if such animals escape return them to County Property; e. keep the fences and other improvements on the Premises in as good repair and condition as they are at the commencement,ofthe Agreement or in as good repair and condition as they may be put by Ridgways during the term of this Agreement, ordinary wear, loss or unavoidable destruction excepted; f. · repair any damage to Premises, including to fences, if caused by County or its assigns; 2 g. promptly and fully pay for all materials joined or affixed to the Premises pursuant to this Agreement and pay all persons who perform labor on the Premises, and County shall not permit or suffer any mechanic's liens or material suppliers' liens of any kind or nature to be enforced against the Premises or the Ridgways for any work done or materials furnished on the Premises at County's instance or request; h. meet all expenses and payments in connection with the rights and privileges herein granted, including taxes, permit fees, license fees and assessments lawfully levied or assessed upon County, subject to County's right, at its sole expense and cost, to contest any tax, fee or assessment; and i. comply with all federal, state and local laws, ordinances, rules and regulations which may apply to the occupancy or use of the Premises and/or the conduct of the business contemplated, and County shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 7. IMPROVEMENTS: County shall construct no structures or other improvements of a permanent character without Ridgways' written consent, and all such improvements will remain with the Premises and be the Ridgways' property upon the expiration of the term or earlier termination of this Agreement. 8. COUNTY LEASEES: Ridgways agree to the County delegating its right and duties under this Agreement to Gerard Brothers Partnership, L.L.L.P., a Colorado limited liability limited partnership. In the event the County desires to assign its rights and duties to another leasee, it may permit its leasees on the Premises and assign its rights or delegate its duties under this Agreement with written approval from Ridgway, which shall not be unreasonably withheld. 9. RIDGWAYS' REPRESENTATIONS: Ridgways make no representations about the conditions of the Premises or about their suitability for any purpose whatsoever. 10. COUNTY'S REPRESENTATIONS: County represents and warrants that it has inspected the Premises before entering into this Agreement and has made those investigations of the Premises and the suitability of its use for its purpose as it deems best in its own judgment. 11. INSURANCE: a. County shall have comprehensive liability insurance coverage up to amounts as may be specified in the Colorado Governmental Immunity Act. b. Gerard Brothers Partnership, L.L.L.P., a Colorado limited liability limited partnership ("Gerard") shall have appropriate insurance for liability, damages, and injury associated with the its pasturage, and any injuries and/or damage to persons or property caused to anyone from pasturage of animals on the Property included in this Agreement is the responsibility of Gerard. Gerard will provide Ridgways with proof of insurance upon request. 3 c. In the event the County allows another leasee other than Gerard to graze the Premises, then such leasee's insurance requirements shall be the same as contained in Section 1 l(b). 12. DEFAULT: If any amount due hereunder shall be in default, or in case ofa breach of any of the covenants or agreements herein, Ridgways may declare this Agreement terminated, and after the expiration of three (3) days from the date of the service of a written notice to that effect, Ridgways shall become entitled to exclude County from the Premises, and require the removal of any livestock, without any further notice or demand. 13. RIDGWAY'S RIGHT OF ENTRY AND USE: Ridgways shall have free access to the Premises, at all reasonable times for the purpose of examining or inspecting the condition of such property, exhibiting the same, making any needful repairs or alterations of such premises as Ridgways may see fit to make, and for the purpose of using the Premises for any purpose not inconsistent with the rights granted to County herein. 14. GENERAL PROVISIONS: a. Any notices provided for herein shall be in writing and shall be delivered in person or mailed by certified or registered mail, return receipt requested, postage pre-paid, to the party for whom intended at the address set forth below: County: Eagle County Attn: Open Space Department P.O. Box 850 500 Broadway Eagle, CO 81631 With a copy to: Eagle County Attorney Post Office Box 850 500 Broadway Eagle, CO 81631 Ridgways: The Charles P. Ridgway Trust and the Julianne Tolbert Ridgway Trust Attention Charles P. Ridgway Post Office Box 989 Eagle, CO 81631 b. All the covenants, conditions, and provisions in this Agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. c. Any and all claims, disputes or controversies related to this Agreement, or breach 4 thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. d. Any covenant, condition, or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Agreement, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the Ridgways or County in their respective rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. e. All amendments to this Agreement must be made in writing by mutual agreement of the parties, and no oral amendments shall be of any force or effect whatsoever. f. The clause headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they appertain. g. This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not contained herein are hereby withdrawn and annulled. 5 IN WITNESS WHEREOF, the pruties hereto have executed this Agreement on the year and date first above written. GRANTOR: The Charles P. Ridgway Trust ( Bv: Cl-4 ('. ~ • Charles P. Ridgw~ STATE OF COLORADO ) COu"'NTY OF EAGLE ) )ss. The foregolllg lllstrument was acknowledged before me thi6 ofrf/" by Charles P. Ridgway as Trustee of The Charles P. Ridgway Trust. Witness my hand and official seal. Patricia s. ·1eeyea NOTARY PUBLIC STATE OF COLORADO My c:ommission expires 01/14/2021 LlC# 2l>084o43534 6 , 2020 GRA.1.'UOR: Julianne Tolbert Ridgway Trust STATE OF COLORADO ) COlJNTY OF EAGLE ) )ss. The foregoing instrument was acknowledged before me thi~ "clay of , , 2020 ,J}~ by Julianne Tolbert Ridgway as Trustee of the Julianne Tolbert Ridgwa ust. Witness my hand and otiicial seal. My commission expires: _________ ~--<--+-gt. AAP, ) ~~ Patricia S. Keyes NOTARY PUBLIC STATE OF COLORADO My commission expires 01/14/2021 LIC# 20084043534 7 COUNTY: EAGLE COUNTY, STATE OF COLORADO STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this 22 day of 0LA-l;?i , 2020 by Kathy Chandler-Henry as Chair of the Board of County Commissioners othe County of Eagle, State of Colorado. Witness my hand and official seal. My commission expires: f>n J ~ • 2. \ ) 2..0Z-Z.. CHRISTINA M. ANDREWS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184033352 MY COMMISSION EXPIRES AUG. 21, 2022 8 ~ Notary Public EXHIBIT A Grazing License Area 9 o· LICENSE AREA DESCRIPTION That part of Lots 1, 2 and 3 Ridgway Homesites according to the map thereof recorded at Reception No. 375263 in the office of the Eagle County, Colorado, Clerk and Recorder and Tract 66, Township 5 South, Range 84 West of the Sixth Principal Meridian. Eagle County, Colorado, described as follows: Beginning at a point on the westerly line of said Lot 3 whence a westerly angle point bears S51" 16' 48"E 15.43 feet also bearing S74'59'47"E 757.93 feet to Corner No. 6 said Tract 66; thence along the westerly line of said Lots 1, 2 and 3 the following seventeen courses: 1) N51"16'48"W 14.80 feet; 2) N23"17'06"E 42.02 feet; 3) N23"07'03"W 34.39 feet; 4) N83"59'43"W 63.74 feet; 5) N39"21"48"W 114.49 feet; 6) N16"53'54"W 148.42 feet; 7) N09"13'43"E 14.02 feet; 8) N29"25'00"E 141.10 feet; 9) N49"19'47"E 106.40 feet; 10) N68"23'47"E 91.12 feet; 11) N04"33'07"E 118.59 feet; 12) N21"45'20"E 42.24 feet; 13) N21"41'20"E 49.61 feet; 14) N10"11'04"W 162.55 feet; 15) N02"26'31"E 102.12 feet; 16) N13"57'07"W 94.36 feet; 17) N55"18'52"W 39.07 feet to the northwest corner of said Lot 1; thence departing said northwest corner NOO"OO?OO?E 70.77 feet; thence S85"52'43"E 70.63 feet; thence S02"40'45"E 68.95 feet the northerly line of said Lot 1; thence the following fifteen courses through said Lots 1, 2 and 3: 1) S02"40'45"E 94.10 feet; 2) S09"48'51"E 42.55 feet; 3) S03"49'35''W 99.94 feet; 4) S07"51'11"E 110.48 feet; 5) S21"31'20"E 53.08 feet; 6)518"28'45"W 200.20 feet; 7) S65"31 '42''W 131.86 feet; 8) S44"22'53''W 74.04 feet; 9) S34"35'26"W 63.62 feet; 10) s25·34'34"w 47.29 feet; 11) S00"44'54"E 64.24 feet; 12) S26"23'18"E 113.29 feet; 13) S54"17'07"E 174.32 feet; 14) S4Z56°49"E 79.68 feet; 15) S76"25'36"W 84.32 feet; to the Point of Beginning. containing 0.94 acres, more or less. BOUNDARY LINE TABLE LINE BEARING L1 N 04"05'58" E L2 N 24"37'55" w L3 N 02·55'12" W L4 N 51"16'48" W L5 N 23"17'06" E L6 N 23"07'03" W L7 N 83"59'43" W LB N 39"21'48" W 200' 400' 600' LS N 16"53'54" W ! L10 N 09"13'43" E L 11 N 29"25'00" E L12 N 49·19'47" E L13 N 68"23'47" E L14 N 04"33'07" E L15 N 21"45'20" E L16 N 21"41'20" E L17 N 10·11•04" W L18 N 02"26°31 '" E L19 N 13"57'07" W L20 N 55"18'52" W DISTANCE 36.87' 51.71' 72.60' 30.23' 42.02' 34.39' 63.74' 114.49' 148.42' 14.02' 141.10' 106.40' 91.12' 118.59' 42.24' 49.61' 162.55' 102.12' 94.36' 39.07' EXHIBIT A EASEMENT LINE TABLE LINE BEARING DISTANCE L21 N oo·oo·oo" E 70.77' L22 s 85"52'43" E 70.63' L23 s 02"40'45" E 68.95' L24 s 02" 40' 45"' E 94.10' L25 s 09"48'51" E 42.55' L26 s 03"49'35" W 99.94' L27 s 07"51'11" E 110.48' L28 s 21"31'20" E 53.08' L29 s 18"28'45" w 200.20' L30 s 65"31 '42" W 131.86' L31 s 44·22'53" W 74.04' L32 s 34"35'26" W 63.62' L33 s 25·34'34•· W 47.29' L34 s 00·44'54" E 64.24' L35 s 26"23'18" E 113.29' L36 s 54'17"07"' E 174.32' L37 s 42"56'49" E 79.68' L38 s 76"25'36" W 84.32' * HATCHED AREA INDICATES GRAZING EASEMENT LOT 3 I I I I I I I I I I TRACT 67 LOT 2 CENTERLINE SALT CREEK & HOLLINGSWORTH / POTTER DITCH (RN 375263) I RIDGWAY HOMESITES LOT 1 (RN 375263) I I I I I I I I I I I J1-JL-----1..--L---------'- 41199 HIGHWAY 6 &: 24, EAGLE-VAIL P.O. BOX 1230 EDWARDS, CO. B1632 (970)949-1406 I I I TRACT 66 JOB NO. 2381. 1