No preview available
HomeMy WebLinkAboutC20-301 Gerard BrothersFIRST AMENDMENT TO LEASE AND AGRICULTURAL MANAGEMENT AGREEMENT BRUSH CREEK VALLEY RANCH AND OPEN SPACE BETWEEN EAGLE COUNTY, COLORADO AND GERARD BROTHERS PARTNERSHIP LLLP DBA GERARD FAMILY RANCH AND AMENDMENT TO ANNUAL OPERATING PLAN THIS FIRST AMENDMENT TO LEASE AND AGRICULTURAL MANAGEMENT AGREEMENT (“First Amendment”) is entered into as of ________________, by and between Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter “ Landlord” or “County” and Gerard Brothers Partnership LLLP dba Gerard Family Ranch, hereinafter “Tenant” or “Manager”. RECITALS WHEREAS, County and Contractor entered into a Lease and Agricultural Management Agreement with an effective date of December 17, 2019, for certain Services (the “Original Agreement" C19-424); and WHEREAS, Exhibit E to the Original Agreement is an Annual Operating Plan for Year 1 of the Original Agreement; and WHEREAS, Paragraph 13(d) referenced the Annual Operating Plan for the Property and that the plan should be updated at least on an annual basis but can be more often than that in writing; and WHEREAS, the Annual Operating Plan was envisioned to be a flexible tool to manage the Property with the ability to modify it as needed during the year; and WHEREAS, the Landlord and Tenant desire to revise the Agreement to permit this flexibility and modify the Annual Operating Plan to include options for emergent circumstances; and WHEREAS, Landlord and Tenant desire this first amendment to memorialize these revisions to the Agreement. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1.In Paragraph 13(d), the following statement shall be incorporated: “For purposes of approving or amending the Annual Operating Plan, the County Manager shall have authority to approve in writing such approval or amendments on behalf of the Landlord.” 2.The Annual Operating Plan is found in Exhibit E to the Agreement. It shall be supplemented to include as paragraph 13 the following: DocuSign Envelope ID: 3840738F-694D-40BB-A681-79BED268458A 8/18/2020 C20-301 13. In the event there are emergency circumstances, which shall be determined on a case by case basis in Landlord’s discretion, the following is agreed upon by Landlord and Tenant: i. Cattle and horses may be permitted on the Property for grazing, in the event of emergency circumstances, outside of the described timeframes in paragraph 1. ii. The total number of AMU on the Property may be temporarily modified to a higher AMU than permitted by the Plan in paragraph 1, under emergency circumstances, so long as the Tenant agrees to keep all animals within the current lease area and provide supplemental feed as the Landlord determines it necessary to ensure range health. iii. Tenant will make every effort to return to non-emergency operations following the conclusion of the emergency event . In so doing, the Tenant and Landlord will revisit these emergency operations every two weeks during the emergency circumstances to develop additional contingency plans and a timeline for removing any animals from the Property in excess of the total AMU or which were allowed outside permitted grazing timeframes and to formulate plan for rehabilitation of the range in the event of overgrazing during the emergency circumstances. 3. Capitalized terms in this First Amendment will have the same meaning as in the First Amendment. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the First Amendment, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the First Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 5. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year above written. DocuSign Envelope ID: 3840738F-694D-40BB-A681-79BED268458A LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: ______________________________ Regina O’Brien, Clerk to the Board TENANT: The Gerard Brothers Partnership, L.L.L.P., a Colorado limited liability limited Partnership By: __________________________ Its: __________________________ DocuSign Envelope ID: 3840738F-694D-40BB-A681-79BED268458A Owner Loyd Gerard