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HomeMy WebLinkAboutC21-126 Chris EstesAGREEMENT BY AND BETWEEN EAGLE COUNTY, STATE OF CQLORADO AND CHRIS ESTES FOR USE AND MAINTENANCE OF AIRPORT PROPERTY THIS AGREEMENT ("Agreement") is entered into this ftt)if, / ;.S-~c~-g and between the County of Eagle, Colorado, a body politic and corporate, ac'ting by and through its Board of County Commissioners ("County") and Chris Estes ("Estes"). WHEREAS, County owns certain real property in the County of Eagle, State of Colorado, adjacent to and being a part of the Eagle County Regional Airport ("Airport"); and WHEREAS, County desires to contract with a third party for use and maintenance of the portion of the property adjacent to the Airport that is approximately 41 acres and is identified in the attached Exhibit A as Hay Production/Pasture Area, which exhibit is hereby incorporated herein by this reference (the "Premises"); and WHEREAS, Estes has inspected the Premises, desires to use the Premises for grazing of certain animals and hay production, is skilled, knowledgeable and capable of properly maintain the Premises in accordance with acceptable farming and irrigation standards, and desires to use and maintain the Premises on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the promises set forth below and for other good and valuable consideration, the parties agree as follows: I. PREMISES: a. The Premises shall include the portion of the property adjacent to the Airport that is approximately 41 acres and is identified in Exhibit A as Hay Production/Pasture Area. 2. USE: a. Estes sha11 use the Premises only for hay production or to pasture cattle, horses or sheep. Whenever the portion of the Premises located on the east side of Jules Drive is used to pasture livestock, there shall be a limit of no more than 50 head of livestock on the premises at any given time. Estes shall provide feed for the animals except for fall pasture. Estes shall not permit others to use the Premises for pasturage nor permit his own animals to graze or run at large over lands belonging to County. b. Estes shall not pasture for livestock from December 1 through April 1 of each year. c. Estes shall not use the Premises for any purpose calculated to injure or deface the same, or to injure the reputation or credit of the Premises or of the neighborhood. Estes will not use the Premises for any purpose except for those expressly permitted. DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6 C21-126 d. Estes 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.). e. Under no circumstances shall Estes use the Premises for storage of equipment, salvage, waste items, or hazardous material. f. Estes' access to portions of the Premises lying within the Airport perimeter fence(s) is subject to County's reasonable controls over entry and exit. In no circumstances may Estes use or allow the use of such access to enter upon the Airport property within the perimeter fence(s) except to enter upon the Premises. The Airport is subject to an Airport Security Plan and to certain rules and regulations regarding Airport security. The plan, rules and regulations may change from time-to-time. Estes and all of his employees and agents shall at all times be responsible for knowing and for complying with plans, rules, and regulations as they presently exist and as they may be modified and supplemented hereafter. 3. TERM: a. Unless sooner terminated as provided for herein, this Agreement shall be from the effective date until April 1, 2022. b. Either party, with or without cause, may terminate this Agreement upon giving thirty (30) days prior written notice of such termination to the other party. 4. COMPENSATION: a. For the term of the Agreement, Estes shall pay County the sum of six hundred dollars ($600.00) annually, which amount shall be payable within thirty (30) days of the effective date of this Agreement. Checks shall be made payable to the Eagle County Treasurer and shall be mailed to the Eagle County Regional Airport, P.O. Box 850, Eagle, CO 81631. In addition, Estes shall re-seed up to three (3) acres per year at a minimum cost to Estes of$300 per acre. 5. UTILITIES: There are no utilities on the Premises and Estes shall be solely responsible for the cost of installing and/or extending utility service to the Premises, with County's prior written consent. If service is extended to the Premises, all utilities shall be the responsibility of Estes. 6. MAINTENANCE, IRRIGATION AND WATER: a. County owns and has rights to a portion of the Priority 48A of the Chatfield and Bartholomew Ditch which has been historically used to irrigate the Premises. Estes shall take all steps reasonably necessary to maintain and irrigate the entirety of the Premises, using the water rights associated with and historically used to irrigate the Premises, and using responsible and DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6 customary irrigation practices. Estes acknowledges its understanding that the County's rights under Priority 48A are subject to a condition requiring their transfer to a third party if those parts of the Premises are not irrigated or if Estes does not otherwise perform his obligations under this subparagraph. b. County owns a share in Priority 49 and a share in Priority 61 of the Chatfield and Bartholomew Ditch which have historically been used to irrigate the Premises or a part thereof. Estes may exercise County's rights therein for irrigating the Premises. c. Notwithstanding Estes' obligations under subparagraphs 'a' and 'b' hereof, irrigation water is subject to availability based on water rights, ditch conditions and limitations, acts of nature, acts of others having or claiming ditch rights or having ditch access, and the actual flows with respect to the Premises, and all water, water rights and ditch rights which are a part of this Agreement or otherwise available for the use of Estes are subject to those conditions. County makes no warranty or representation that or to what extent water, pursuant to the rights herein described, will be available. d. Except as specifically provided in subparagraphs 'a' and 'b' hereof, the Premises do not include any water, water right, or ditch right. 7. TERMINATION: At the expiration of the term hereof, or earlier termination, Estes shall yield up the Premises to County without further notice in as good or better condition as when the same were entered upon by Estes, with Joss by ordinary wear excepted; and Estes will be allowed to remove only that fencing which was installed with County's consent during the term hereof. 8. COUNTY'S DUTIES: County will pay all assessments that shall be levied upon the Premises during the term hereof for ditch-wide permanent ditch improvements. 9. ESTES' DUTIES: In addition to duties covered elsewhere in this Agreement, Estes shaU: a. provide feed for all animals pastured on the Premises except for fall pasture; b. not remove or relocate any fences or irrigation ditches that are on the Premises at the commencement of this Agreement without the prior written consent of County; c. confine all animals in his care within the Premises, and ensure that no such animals impact any adjoining property; d. insure that no animal enters onto the runways at the Airport, and in the event of any escape, to immediately notify the Airport Director or Manager and assist in recapture under the direction of Airport personnel. DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6 e. keep the buildings, fences, irrigation ditches and other improvements on the Premises in as good repair and condition as they are at the commencement of the Agreement or in as good repair and condition as they may be put by County during the term of this Agreement, ordinary wear, loss or unavoidable destruction excepted; f. perform routine cleaning and maintenance of irrigation ditches on the leased property; g. keep the Premises in a clean and healthy condition, abide by any directions of the Eagle County Health Officer or Board of Health or any other health or environmental protection agency having or claiming jurisdiction over the Premises; h 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 Estes 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 County for any work done or materials furnished on the Premises at Estes' instance or request; i. 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 Estes, subject to Estes' right, at its sole expense and cost, to contest any tax, fee or assessment; and j. 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, including rules and regulations promulgated by the County, and Estes shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 10. IMPROVEMENTS: Estes shall at his own expense install neat, stockproof, lawful fences and gates enclosing the Premises or part thereof, and keep the same in good repair to the satisfaction of County. County shall be responsible for construction of fencing between the Premises and the County's Maintenance Facility. Estes shall construct no structures or other improvements of a permanent character without County's written consent, and all such improvements will remain with the Premises and be the County's property upon the expiration of the term or earlier termination of this Agreement. 11. ASSIGNMENT: Estes shall not assign his rights or delegate his duties under this Agreement without the written consent of County. Unless County's written consent expressly provides otherwise, assignment to which County has given its consent shall relieve Estes from its responsibilities under this Agreements. County's s consent to one assignment shall not be a consent to any subsequent assignment. 12. COUNTY'S REPRESENTATIONS: County makes no representations about the conditions of the Premises nor about their suitability for any purpose whatsoever, and County DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6 specifically makes no representation of the adequacy or availability of water pursuant to the rights specified in subparagraph 6.a. 13. ESTES' REPRESENTATIONS: Estes represents and warrants that he has inspected the Premises before entering into this Agreement and has made those investigations of the Premises and the suitability of their use for its purpose as it deems best in its own judgment Estes further represents and warrants that it is experienced in leasing pasture and hay producing lands in the Rocky Mountains of the same or similar nature of the Premises, and that in entering into this Agreement it has sought and used such professional advice as it deems appropriate in the circumstances. 14. INSURANCE AND INDEMNITY: a. Estes uses the Premises at his own risk and County assumes no liability for any injury or damage to Estes or any of Estes' property. b. Estes shall obtain comprehensive liability insurance coverage in which County is named an additional insured and covering liability for personal injury and death and property damage occurring on the Premises or arising out of Estes' use of the Premises. Such coverage shall be in the minimum amount of$350,000 per person, $999,000 per occurrence for personal injury and death and $999,000 per occurrence property damage, or such greater amounts as may be specified in the Colorado Governmental Immunity Act. Estes shall provide a certificate of such insurance to County before the commencement of the term of this Agreement and upon every change or renewal of the coverage during the term. c. Estes shall obtain workmen's compensation insurance applicable to its use of the Premises if, and in the amount of coverage, required by the laws of the State of Colorado. d. Estes shall obtain such property insurance coverage as it deems appropriate in its own judgment. e. Estes shall hold harmless, indemnify and defend the County, its officers, officials, employees and agents, and their respective insurers, from and against any and all liability, costs, expenses, liens and claims for loss of or damage to property and for injuries to or deaths of persons arising directly or indirectly from the use of the Premises by Estes. 15. DEFAULT: If any amount due hereunder shall be in default, or in case of a breach of any of the covenants or agreements herein, County 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, County shall become entitled to exclude Estes from the Premises, and require the removal of any livestock, without any further notice or demand. 16. ESTES' RIGHT OF ENTRY AND USE: County shall have free access to the Premises, DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6 including any building or structure that may at any time be on such property, 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 County may see fit to make, and for the purpose of using the Premises for any purpose not inconsistent with the rights granted to Estes herein. 17. FEDERAL AVIATION ADMINISTRATION REQUIRED PROVISIONS: Estes hereby covenants and agrees that: a. No person on the grounds of race, color, sex, creed, religion, handicap or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Premises. b. Estes shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs, as said regulations may be amended, and shall comply with the letter and spirit of the Colorado Anti- Discrimination Act of 1957, as amended, and any other laws and regulation s respecting discrimination in unfair employment practices, and shall comply with such enforcement procedures as any governmental authority might demand that County take for the purpose of complying with any such laws and regulations. c. In the event of any breach of any of the non-discrimination covenants herein, County shall have the right to terminate the Agreement and to re-enter and repossess the Premises and hold the same as if said Agreement had never been made, provided that the applicable procedures set forth in 49 Code of Federal Regulations, Part 21 are first followed and completed, including the expiration of appeal rights. d. Estes assures that he will undertake an affim1ative action program, as required by 14 CFR Part 152, Subpart E, to ensure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any employment, contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. Estes assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by this subpart. e. Estes agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR, Part 152, Subpart E, as part of the affirmative action program or by any Federal, state or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order or similar mechanism. Estes agrees that a state or local affirmative action plan will be used in lieu of any affirmative action plan or steps required by 14 CFR Part 152, Subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. 18. COUNTY'S RESERVATIONS DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6 a. County reserves the right to further develop or improve the Airport as it sees fit, regardless of the desires or views of Estes, and without interference or hindrance, except that County may not arbitrarily violate or unreasonably diminish Estes' rights as provided elsewhere in this Agreement except on a temporary basis, or diminish its ability to perform the obligations undertaken by it hereunder unless the Agreement is otherwise terminated in accordance with the terms herein. b. County reserves the right to maintain and keep in repair the landing areas of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Estes in this regard. c. County reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction. d. During the time of war or national emergency, County shall have the right to lease the Airport or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this Agreement, insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. e. County reserves the right to direct and control all activities of Estes on the Premises in the event of an emergency or if Estes' operations are interfering with the use of the Airport by others. f. Non-compliance with this paragraph 18 shall constitute a breach or default of this Agreement and in the event of such non-compliance, County shall have the right to terminate this Agreement, or at the election of the County or the United States, or both of said governments, shall have the right to enforce judicially this paragraph. 19. SUBORDINATION: This Agreement shall be subordinate to the provision of any existing or future agreement between County and the United States relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport. 20. 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: Eagle County Airport Post Office Box 850 DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6 Eagle, Colorado 81631 With copy to: Eagle County Attorney Eagle County, Colorado Post Office Box 850 Eagle, CO 81631 Chris Estes 2430 Cooley Mesa Rd. Gypsum, Colorado 8163 7 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 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 shaU in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the County or Estes 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. t: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year and date first above written. COUNTY OF EAGLE, STATE OF COLORADO By and Through Its COUNTY MANAGER DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6 STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) BY: Jeff Shroll, County Manager CHRIS ESTES: By: CL.a .< A C ;z:!;::. Chris Estes The foregQing instrument was acknowledged of c~ .2021. before me by Chris Estes, this / lo Mv co ission expires: L/ U5 /,;_c:2-;>.. ยท7 I JAhi!Cc M. MILLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064014550 MYCOMMIS :-'.~.' EXPIRES APRIL 13, 2022 day DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6 EXHIBIT A DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6 16.95 +/- Ac 27.95 +/- Ac JULESWAYJ U L E S W A Y COOLEY MESA RDJULESDR This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not w arrant the accuracy of the datacontained herein.Eagle County, Colorado Govmnt, GIS Dept P:\Department\Attorney\Estes_GrazingLease_082819\EstesGrazingLease_0822919.mxd Date: 8/29/2019 2:57:23 PM Name: scott.fleming[0 330165Feet 1 inch = 224 fee tEstes AgreementGrazing Lease Parcel Boundary Proposed Grazing Area as per Lease DocuSign Envelope ID: 3CE6646A-9CB5-407A-ACBC-DBC995EFB7F6