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HomeMy WebLinkAboutC21-432 Lease Gerard PtnrshipDocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 BoardDocs® Plus EAGLE CftNTY Agenda Item Details Meeting Jan 01, 2050 - *****Signature Workflow***** Category A. BoCC Signature Subject Second Amendment to lease agreement between Eagle County and Gerard Brothers Partnership Access Public Type Action (Consent) Preferred Date Dec 14, 2021 Absolute Date Dec 14, 2021 Fiscal Impact Yes Dollar Amount 25,443.00 Budgeted Yes Budget Source Open Space Fund Recommended Action Approve Goals Goal 3. Eagle County Protects the Natural Environment Goal 2. Eagle County is a Great Place to Live for All Public Content Prepared By: Peter Suneson Department: Open Space Executive Summary: This Second Amendment updates the total leased area and incorporates an annual operating plan for the initial term of the lease. The updated lease area includes an additional 131 acres that was acquired in 2020 and now enables the entire leased area to be managed by one agreement. Reviewing Attorney: Holly Strablizky Approved As ocuSignedby: To Form: E�6, JIrA�U'*BoCC signature?:yes 5241F210E44AA... I DocuSigned by: • County Manager signature?:no E �,A. �t�Nl,V'�blrYt, 444EFHDW7F48E... • For Planning Files Only: Does this document need to be recorded? Signature Required Information Attach ALL exhibits, including the insurance certificate. Do not attach the contract or resolution, that will be provided by the reviewing Attorney. https://go. boarddocs.com/co/eagIeco/Board. nsf/Private?open&login# 1 /2 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 SECOND 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 THIS SECOND AMENDMENT TO LEASE AND AGRICULTURAL MANAGEMENT AGREEMENT ("Second Amendment") is entered into as of 12/15/2021 , 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". Landlord and Tenant shall each individually be referred to as a "Party" and shall jointly be referred to as the "Parties". RECITALS WHEREAS, in 2017 County, through its Open Space Program acquired certain real property, situated in Eagle County, Colorado, known as the Brush Creek Valley Ranch and Open Space that is more fully described and depicted on Exhibit A of the Original Agreement; and WHEREAS, in 2020 County, through its Open Space Program acquired additional real property adjacent to the BCVROS that is more fully described and depicted on Exhibit A-1 which is attached hereto and incorporated herein by reference (the "Ridgway Parcel"), which supplements the real property subject to this Lease; and WHEREAS, BCVROS is protected by a conservation easement which is attached to the Original Agreement as Exhibit B and such Conservation Easement was amended to incorporate and protect the Ridgway Parcel, and the First Amendment to Deed and Conservation Easement is attached hereto and incorporated herein as Exhibit B-1 (the " CE Amendment'); and WHEREAS, the County purchased BCVROS and the Ridgway Parcel due to their unique attributes and values. The Conservation Easement and CE Amendment identify the conservation values including (i) open space (scenic enjoyment, agriculture, significant public benefit); (ii) public recreation or education; and (iii) relatively natural habitat; and WHEREAS, throughout 2018, County conducted a management planning process which contemplated each of the conservation values and resulted in actions to address habitat management, agricultural and ranch management, recreation, public access and use, and the formal adoption of the Brush Creek Valley Ranch and Open Space Management Plan, which is attached to the Original Agreement as Exhibit C; and WHEREAS, in 2021 the County conducted a similar management planning process for the Ridgway Property to adopt the Brush Creek Valley Ranch and Open Space Management Plan Supplement, which is attached hereto and incorporated herein as Exhibit C-1 (the "MP Supplement"); and DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 WHEREAS, BCVROS and the Ridgway Parcel contain important water rights and a viable agricultural operation and thoughtful management will provide an opportunities for restoration of degraded areas, repairs to infrastructure and improved agricultural practices; and WHEREAS, the County now desires to manage both parcels together as the BCVROS; and WHEREAS, County and Tenant entered into a Lease and Agricultural Management Agreement with an effective date of December 17, 2019, for certain Services (the "Original Agreement" C19-424); entered into a First Amendment to Lease and Agricultural Management Agreement ("First Amendment") with an effective date of August 18, 2020; and entered into a License Agreement for the Ridgway Parcel dated August 7, 2020; and WHEREAS, Tenant is familiar with BCVROS and desires to enter into this Second Amended Lease and Agricultural Management Agreement so that Tenant can operate and manage agricultural operations in accordance with the terms of this Second Amendment; and WHEREAS, the Original Agreement is hereby supplemented by the First and Second Amendment and this Second Amendment terminates the License Agreement for the Ridgway Parcel. AGREEMENT 1. Demise. Paragraph 1 of the Original Agreement is hereby amended and replaced with the following: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, that portion of BCVROS depicted on Exhibit D-1 attached herein and consisting of approximately 898 acres together with any appurtenances and improvements thereon, including, but not limited to, the House and the Ranch Headquarters (defined below) (hereinafter the "Property"). 2. Term. Paragraph 2 of the Original Agreement is hereby amended and replaced with the following: The remaining initial term of this Agreement is one (1) year and six (6) months, such term becoming effective on December 1, 2021 and ending at 12:00 a.m. midnight on May 31, 2023 unless terminated earlier as set forth herein ("Initial Term")." 3. Option to Extend the Initial Term. Paragraph 3 of the Original Agreement is hereby amended and replaced with the following: Landlord has the option, in its sole discretion, to extend the Initial Term for an additional seven (7) years for the period beginning at 12:01 a.m. on June 1, 2023 and continuing through 12:00 a.m. midnight on May 31, 2030 ("Option Term"). Landlord will consider the following factors when determining whether to exercise its option (i) compliance with this Agreement; (ii) condition of and improvement to the Property while under Tenant's care (i.e. is progress being 2 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 made to achieve management goals to be identified in an Annual Operating Plan (defined below); and (iii) positive or negative interactions with Landlord and the public; (iv) reasonable escalation in lease rate; and (v) ease of working relationship with Landlord. Landlord will notify Tenant in writing no later than May 1, 2022 as to whether Landlord intends to exercise its option to extend the Initial Term. The Parties will meet within thirty (30) days of such notice to mutually agree to a revised Rent rate for the Option Term. Any new Rent rate shall be mutually agreed to and shall be set forth in an Amendment to this Agreement. Potential Future Lease Area. Exhibit D-1 attached herein shall replace Exhibit E as referenced in Paragraph 4 of the Original Agreement. 4. Rent. Paragraph 5 of the Original Agreement is hereby amended and replaced with the following: The rent ("Rent") for the Initial Term hereof is twenty-five thousand four hundred forty-three dollars ($25,443). Fifty percent (50%) of the Rent is due and payable on January 1, 2022 in the amount of eight thousand nine hundred eighty dollars ($8,980), and the remaining fifty percent (50%) of the Rent due and payable on July 1, 2022 in the amount of eight thousand nine hundred eighty dollars ($8,980). For the period from January 1, 2023 through May 31, 2023 Rent in the amount of seven thousand four hundred eight -three dollars ($7,483) shall be paid on January 1, 2023. Rent shall be made payable to Eagle County and shall be delivered in person to the Eagle County Open Space Manager's Office located at 500 Broadway, Eagle, CO 81631 or mailed via United States Postal Service to Eagle County Open Space Program, Post Office Box 850, Eagle, CO 81631. Tenant shall not be entitled to withhold or offset the amount of Rent due hereunder, except as expressly set forth in this Agreement. In addition to the Rent, which is payable as set forth above, Tenant shall be responsible for operating and managing the Property as set forth herein. 5. Use of the Property. a. The second sentence of Paragraph 8.a. of the Original Agreement is hereby amended and replaced with the following: All operations by Tenant must be consistent with the Conservation Easement, CE Amendment, Management Plan and MP Supplement, and as more fully set forth in this Agreement. 6. Repair and Maintenance. The first sentence of Paragraph 11 of the Original Agreement is hereby amended and replaced with the following: 3 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 On or before April 15 of each year of the Initial Term and Option Term, of this Agreement, Tenant and Landlord shall meet at the Property and shall tour the Property, House, Buildings, structures and Ranch Headquarters to identify necessary and mutually agreed upon items for repair, maintenance or capital improvement. 7. Management of the Property. a. Conservation Easement. Paragraph 13.a. of the Original Agreement is hereby amended and replaced with the following: It is a condition and requirement of this Agreement that Tenant comply with the terms of the Conservation Easement and CE Amendment and manage the Property in accordance therewith at all times during the Initial Term and any Option Term of this Agreement. b. Management Plan. Paragraph 13.b. is hereby amended and replaced with the following: It is a condition and requirement of this Agreement that Tenant comply with the terms of the Management Plan and MP Supplement as amended from time to time and will and manage the Property in accordance therewith at all times during the Initial Term and any Option Term of this Agreement. c. Annual Operating Plan. Paragraph 13.d. is hereby amended and replaced with the following: On or before April 15 of each year of the Initial Term and Option Term, if any, the Parties shall meet to visit the Property and to discuss operations for the coming year. Landlord will prepare an Annual Operating Plan with input from the Tenant (the "Annual Operating Plan" or "Plan") on or before May 15 of each year of the Initial Term and any Option Term. The Plan will establish specific timelines, protocols, and procedures for effective operation of the Property. Tenant must comply with the requirements and recommendations set forth in the Plan, as may be amended by mutual agreement of the Parties. The Plan will be evaluated at least annually but nothing herein shall preclude the Parties from meeting and amending the Plan more frequently as mutually agreed. Any Annual Operating Plan or amendments to the Plan shall be set forth in writing by Landlord and will be signed by each Party, and the same shall become a part of this Agreement. 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. Tenant understands and agrees that failure to abide by the terms of the Plan may be grounds for termination of this Agreement, as provided for in paragraph 26 in the Landlord's sole discretion. The 4 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Annual Operating Plan for the period from December 15, 2021 through May 15, 2023 is attached hereto and incorporated herein as Exhibit K and the same is acceptable to each Party. d. Weed Control. The first sentence of Paragraph 13.e. is hereby amended and replaced with the following: Landlord and Tenant have developed a Weed Management Plan for the Property to govern the Initial Term and the same is incorporated herein as Exhibit F- 1. e. Use of Equipment. The first sentence of Paragraph 13.r. is hereby amended and replaced with the following: Tenant and his authorized employees may use the County's equipment identified on Exhibit I-1 attached to this Second Amendment during the Initial Term and any Option Term of this Agreement so long as the equipment is not earlier disposed of by Landlord, and Tenant will carry sufficient general liability insurance to protect the operator, and any third party from any damage to person or property resulting from the Tenant and his authorized employees use and operation of the County's equipment, such that Landlord is not responsible and has no liability therefor. 8. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement and the First Amendment. To the extent that the terms and provisions of the Second Amendment conflict with, modify, or supplement portions of the Original Agreement and the First Amendment, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 9. Except as expressly altered, modified, and changed in this Second Amendment, all terms and provisions of the Original Agreement and the First Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. [Signature Page to Follow] 5 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 IN WITNESS WHEREOF, the Landlord and Tenant have duly executed this Agreement on the day and year first above written. LANDLORD: EAGLE COUNTY, COLORADO By and through its Board of County Commissioners By: FDocuSigned by: l{ Matt ' TE70h-UhFO473_ Attest: DocuSigned by: VlUA, Clerk to oar&96440 TENANT: GERARD BROTHERS PARTNERSHIP LLLP DBA GERARD FAMILY RANCH By: Its: a iv "C ( )3/105 STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged n before me by LO ,o( (SQ�(`O,K`� as (0 uja er of %JcZf �YO�'?(,,,t oy5k1 pthis 3 day of Z(i O�g&T , 2021. My commission expires: T� 7, 20 S7 Rebecca Close NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214026361 MY COMMISSION E> P! rS July 2, 2025 Notary Public DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 EXHIBIT A - 1 Description of Ridgway Property (Entire Property) A parcel of land lying in Tract 66 and 67, Township 5 South, Range 84 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Range as approved on June 20, 1922; said parcel being more particularly described as follows: Beginning at a found 2 1/4" brass cap on a 1" steel pipe marking the corner of Tracts 64, 65, 66 and 67; thence along the northerly line of said Tract 66 S89°23'37"E 174.53 feet; thence departing said northerly line following an existing 4 foot high 3 strand barbed wire fence the following twenty seven courses: 1)S40°23'38"E 128.96 feet; 2) S41 °39'04"E 241.52 feet; 3) S41 °01'57"E 160.72 feet; 4) S42°52'1 YE 159.47 feet; 5) S31 °05'42"E 113.71 feet; 6)S30°51'50"E 159.51 feet; 7) S39°49'34"E 34.70 feet; 8) S86°00'24"E 9.54 feet; 9) S40°49'11 "E 106.09 feet; 10) S46°46'36"E 191.02 feet; 11) S36°16'09"E 257.18 feet; 12) S35°17'12"E 168.56 feet; 13) S36°25'42"E 52.59 feet; 14)S39°07'40"E 90.02 feet; 15) S33°37'08"E 149.96 feet; 16)S17°37'27"E 68.19 feet; 17) S25°12'1 FE 122.70 feet; 18) S37°17'50"E 187.92 feet; 19) S20°08'16"W 357.73 feet; 20) S24°39'20"E 191.90 feet; 21)S05°55'54"E 64.28 feet; 22) S08°30'16"E 75.77 feet; 23) S19°51'48"E 62.74 feet; 24) S46°22'23"E 53.80 feet; 25) N52°13'06"E 43.58 feet; 26) S84°53'38"E 418.92 feet; 27) S00°00'00"E 70.77 feet to the northwesterly corner of Lot 1 Ridgway Homesites per the final plat recorded at Reception No. 375263 in the office of the Eagle County, Colorado, Clerk and Recorder; thence along the westerly line of said Ridgway Homesites the following twenty courses: 1) S55°18'52"E 39.07 feet; 2) S13°57'07"E 94.36 feet; 3) S02°26'31"W 102.12 feet; 4)S10°11'04"E 162.55 feet; 5) S21 °41'20"W 49.61 feet; 6) S21 °45'20"W 42.24 feet; 7) SO4°33'07"W 118.59 feet; 8) S68°23'47"W 91.12 feet; 9)S49°19'47"W 106.40 feet; 10) S29°25'00"W 141.10 feet; 11)S09'13'43"W 14.02 feet; 12) S16°53'54"E 148.42 feet; 13) S39°21'48"E 114.49 feet; 14) S83°59'43"E 63.74 feet; 15) S23°07'03"E 34.39 feet; 16)S23017'06"W 42.02 feet; 17) S51 °16'48"E 30.23 feet; 18) S02°55'12"E 72.60 feet; 19) S24°37'55"E 51.71 feet; 20) SO4°05'58"W 36.87 feet to the southwesterly corner of said Lot 3 Ridgway Homesites also being the southerly line of said Tract 66; thence along said southerly line N87°30'52"W 760.66 feet to corner AP 5 Tract 66 and corner AP 6 Tract 67 referenced by a found 30 foot witness corner being a 3 1/4" aluminum cap on a No. 6 rebar; thence along the south line of Tract 67 N89°50'06"W 165.49 feet to the centerline of Brush Creek Road; thence departing said south line and along said centerline the following twenty courses: 1)175.88 feet along the arc of a curve to the left, having a radius of 806.14 feet, a delta angle of 12030'02", and a chord that bears N14°42'37"W 175.53 feet; 2) N20°57'38"W 149.13 feet; 3) 218.82 feet along the arc of a curve to the left, having a radius of 495.09 feet, a delta angle of 25'19'23", and a chord that bears N33037'20"W 217.04 feet; 4) N46°1T01"W 201.67 feet; 5) 219.83 feet along the arc of a curve to the right, having a radius of 418.98 feet, a delta angle of 30003'41", and a chord that bears N31015'11"W 217.31 feet; 6)N16°13'20"W 419.17 feet; 7) 103.42 feet along the arc of a curve to the right, having a radius of 780.12 feet, a delta angle of 7°35'44", and a chord that bears N12°25'28"W 103.34 feet; 8) N08°37'36"W 93.72 feet; 9) 182.18 feet along the arc of a curve to the left, having a radius of 1297.57 feet, a delta angle of 8°02'40", and a chord that bears N12°38'56"W 182.03 feet; 10) N16°40'16"W 94.78 feet; 11) 174.52 feet along the arc of a curve to the left, having a radius of 1090.26 feet, a delta angle of 9'10" 7", and a chord that bears N21 °15'25"W 174.33 feet; 12) N25°50'34"W 60.28 feet; 13) 172.19 feet along the arc of a curve to the left, having a radius of 484.96 feet, a delta angle of 20o2O'36", and a chord that bears N36°00'51 "W 171.29 feet; 14)N46°11'09"W 555.64 feet; 15) 80.96 feet along the arc of a curve to the left, having a radius of 2299.07 feet, a delta angle of 2001'03", and a chord that bears N47°11'41 "W 80.95 feet; 16) N48012'13"W 553.16 feet; 17) 229.50 feet along the arc of a curve to the left, having a radius of 997.15 feet, a delta angle of 13'11'13", and a chord that bears N54°47'50"W 228.99 feet; 18) N61 °23'26"W 167.42 feet; 19) 224.37 feet along the arc of a curve to the right, having a radius of 607.37 feet, a delta angle of 21 o09'56", and a chord that bears N50o48'28"W 223.09 feet; 20) N40°13'30"W 545.59 feet to the west line of said Tract 67; thence along said west line N00°02'04"E 29.88 feet to a found No. 5 rebar on a 1 1/2" aluminum cap LS #23089 marking the southwest corner of a parcel recorded in Book 82 at Page 475 in the office of the Eagle County Colorado Clerk and Recorder; thence S40°13'30"E 29.80 7 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 feet to a found No. 5 rebar on a 1 1/2" aluminum cap LS #23089 marking the southeast corner of said parcel; thence N00°00'44"E 388.89 feet to a found No. 5 rebar and 1 1/2" aluminum cap LS #23089 marking the northeast corner of said parcel on the north line of said Tract 67; thence along said north line S89°22'42"E 1396.84 feet to the point of beginning, containing 131.33 acres, more or less, County of Eagle, State of Colorado M Ridgway Parcel I Town of Eagle p 1,20 ree Z,,pp Ridgway Parcel Brush Creek Valley Thls map was created by the Eagle County GI9 Department. LFUse of (hls mep should be for general purpose only. Ranch & Open Space Eagle County does no(warran((he accuracy of the data onto C herein. DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 EXHIBIT B -1 RIDGWAY CONSERVATION EASEMENT DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Eagle County, CO 202011767 Exhibit B-1 to Second Amendment to Lea Regina O'Brien 0 �: 27 05,M:09 5:03:09 PM REC: $0.00 DOC: $0.00 Recording requested by and return to: Eagle Valley Land Trust P.O. Box 3016 Edwards, CO 81632 FIRST AMENDMENT TO DEED OF CONSERVATION EASEMENT (BRUSH CREEK VALLEY RANCH AND OPEN SPACE, FORMERLY HARDSCRABBLE RANCH) NOTICE: THE R ID G WA Y PR OPER TY HAS BEEN ACQUIRED IN PART WITH GRANT 920102 ("GRANT') FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TR UST FUND ( "BOARD ' ). THIS FIRST AMENDMENT TO DEED OF CONSER VATION EASEMENT CONTAINS RESTRICTIONS ON THE USE AND DEVELOPMENT OF THE RIDGWA Y PROPERTY, WHICHARE INTENDED TO PROTECT ITS OPEN SPACE AND OTHER CONSERVATION VA LIES. THE BOARD IIAS FOUND THAT THIS FIRST AMENDMENT TO DEED OF CONSER VATION EASEMENT PROVIDES BENEFITS THAT IL11:7�1h►I►J1:1�111.911L�Ih►i�r��L7i�11 FUNDING FOR ACQUISITION OF THE RIDGWAYPROPERTY WAS PROVIDED BY EAGLE COUNTY, COLORADO ("COUNTY'); THE BOARD; THE TOWN OF EAGLE, COLORADO ("TOWN'); THE EAGLE RANCH A SSOCIA TION, A COL ORAD0 NON-PROFIT CORPORATION ("EAGLE RANCH') AND THE EAGLE VALLEY LAND TR UST. THIS, F RST4ME,NDMENT TO DEED OF CONSERVATION EASEMENT ("Amendment") is made this day o , 2020, by EAGLE COUNTY, COLORADO, a body corporate and politic (the "Coup ), as " rantor", the address of which is P.O. Box 850, 500 Broadway, Eagle, Colorado 81631, to the EAGLE VALLEY LAND TRUST, a Colorado non-profit corporation ("Grantee"), the address of which is P.O. Box 3016, Edwards, Colorado 8I632. Grantor and Grantee are individually referred to herein as a "Party", and are collectively referred to herein as the "Parties". The following exhibits are attached hereto and are incorporated by reference: Exhibit A-7: Description of Ridgway Property Exhibit C-1: Map of Ridgway Property Exhibit D-1: Description of Ridgway Water Rights Exhibit F-I : Description and drawing of Ridgway Ranch Headquarters Building Area Exhibit F-2: Description and drawing of Ridgway Recreation and Education Building Area RECITALS: A. Grantor is the successor -in -interest to a Deed of Conservation Easement conveyed to Grantee dated December 11, 2017, and recorded on December 13, 2017 in the records of Eagle County, Colorado at Reception No. 201723583 ("Original Conservation Easement"). The Original Conservation Easement encumbered that certain the real property described in Exhibit A to the Original Conservation Easement which consists of approximately 1,540 acres of land located in Eagle County, Colorado (the "Ordinal Conservation Easement Property"). Funding for the purchase of the Original Conservation Easement was provided in part by the State Board of the Great Outdoors Colorado Trust Fund (the "Board"). 161 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease B. Grantor is the fee simple owner of certain additional real property adjacent to the Original Conservation Easement Property, which consists of approximately 131 acres of land described as the ".Ridgway Property" in Exhibit A-7 and depicted on Exhibit C-1 attached hereto and made a part hereof. C. Grantor desires to encumber the Ridgway Property by the terms, conditions and restrictions of the Original Conservation Easement, as amended hereby. D. The purpose of this Amendment is to preserve and protect the conservation values of the Ridgway Property into perpetuity by adding to and enhancing the stated conservation values of the Original Conservation Easement. This Amendment provides no private benefit to the Grantor. NOW, THEREFORE, in consideration of the recitals set forth above, incorporated herein by this reference, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the Iaws of the State of Colorado, Grantor and Grantee agree to amend the Original Conservation Easement as set forth herein. 1. Capitalized terms not otherwise defined herein shaII have the meaning set forth in the Original Conservation Easement. 2. Grantor voluntarily grants and conveys to Grantee and Grantee voluntarily accepts, this Amendment as an immediately vested interest in real property defined by C.R.S. §§ 38-30.5-101, et seq., and of the nature and character described in this Amendment, for the purpose of preserving and protecting the conservation values of the Ridgway Property, as described herein, in perpetuity. 3. The Ridgway Property shall be referred to in the singular as the Ridgway Property and together the Original Conservation Easement Property and the Ridgway Property are hereinafter referred to as the "Property" for all purposes under the Easement. 4. The Ridgway Property includes the water rights described in the attached Exhibit D-1, which together with the Water Rights for the Original Conservation Easement Property shall hereinafter be referred to as the "Water Rights" for all purposes under the Easement. 5. Recital C of the Original Conservation Easement is hereby amended to include the following: "The Conservation Values include the following conservation values of the Ridgway Property: I. Public Recreation or Education [Treas. Reg. § I.170A-I4(d)(2)]. The Ridgway Property is intended to be used for public recreation and education including, but not limited to, public trails. It is the intention of the Grantor to include the Ridgway Property in the Eagle County Open Space Program. It is anticipated that once the Ridgway Property is part of this program, trails and trailheads will be officially acknowledged and established and First Amendment to Hardvcrubble CE — Ridgway Property Page 2 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease connectivity with an extensive trail system on the adjoining public lands will be improved. The public may also have access to portions of the Ridgway Property for passive recreation, including but not limited to, gardening, wildlife viewing, fishing and hunting subject to the Grantor's terms and conditions. 2. ReIatively Natural Habitat ITreas. Reg. § 1.170A-14(d)(3)I. The Ridgway Property supports native irrigated hay meadows and pastures, and 1.1 miles of cold -water montane streams and riparian corridors that provide forage, cover, breeding habitat, and migration areas for a variety of wildlife species, including migratory songbirds, raptors, reptiles, amphibians, small mammals, big game, and fish. The Ridgway Property Iies within Colorado Parks and Wildlife (CPW)-mapped summer range and winter concentration areas for both elk and mule deer, and within overall ranges of black bear and mountain lion. These big game species contribute significantly to the biodiversity of the region and to the State and local economies through hunting revenues. The Ridgway Property's relatively natural habitat also qualifies as "significant" as defined by U.S. Treasury Regulations, because it could provide habitat for species considered rare, threatened, endangered or of special concern - namely bald eagle (a state of Colorado Species of Concern), and potential habitat for the native cutthroat trout (the Colorado River cutthroat trout is a Colorado Species of Concern, the Greenback cutthroat trout is federally registered as a threatened species), and the northern leopard frog (a state of Colorado Species of Concern). I Open Space ITreas. Reg. §1.170A-14(d)(4)I. The Ridgway Property possesses the characteristics of open space in that its preservation will provide scenic enjoyment to the general public, is pursuant to clearly delineated public policies, and will yield a significant public benefit. a. Scenic eniovment. The Ridgway Property spans a significant portion of the lower Brush Creek Valley southeast of the Town of Eagle, encompassing picturesque open meadows and meandering streams in the valley floor as well as rugged wooded terraces and foothills flanking the valley. Positioned between the Town of Eagle and residential subdivisions at the Iower end of the valley and an up -valley golf course and residential subdivision, the Ridgway Property is integral to the scenic open space beauty and rural ranching character of the area. The Ridgway Property is an incolding property surrounded on three sides by the existing Brush Creek Valley Ranch and Open Space ("BCVROS"), which lies between extensive areas of public lands administered by BLM on either side of the valley. Conservation of the Ridgway Property will maintain visual congruity of the valley's scenic open space, as well as habitat connectivity across the valley floor for big game. The Ridgway Property is visuaIIy accessible to the public from the adjoining public Iands, as well as from many public roads in the area. b. Az-iculture. As a working ranch, the Ridgway Property supports livestock grazing across its rangelands, irrigated hay production, and has significant irrigation water rights. As such, the Ridgway Property is integral to the scenic open space beauty and rural ranching character of the area. The Ridgway Property's Water First Amendment to Hardscrabble CE — Ridgway Property Page 3 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease Rights will be permanently tied to the Ridgway Property by this Amendment, ensuring that agricultural production can continue on the land in perpetuity. C. Clearly Delineated Government Conservation Polio. Protection of the Ridgway Property furthers the specific objectives of those clearly delineated government conservation policies set forth in Recitals D and E of the Original Conservation Easement. d. Significant public benefit. The Ridgway Property is an inholding property surrounded on three sides by the existing BCVROS, which lies between extensive areas of public lands administered by BLM on either side of the valley. Conservation of the Ridgway Property will maintain visual congruity of the valley's scenic open space, as well as habitat connectivity across the valley floor for big game. There is a foreseeable trend of urbanization and rural subdivision development in the vicinity of the Ridgway Property and the surrounding areas within Eagle County. There is a strong likelihood that development of the Ridgway Property would lead to or contribute to degradation of the scenic and natural character of the area. Preservation of the Ridgway Property will complete conservation of the Brush Creek Valley floor and provide an opportunity for the general public to appreciate its scenic values. Grantor and Grantee acknowledge and agree that these Conservation Values are of great importance to Grantor, Grantee, the residents of Eagle County, and the State of Colorado. 5. Recital F of the Original Conservation Easement is hereby amended to include the following: The Baseline Report has been supplemented by a Baseline Supplemental Report prepared by Rare Earth Science, LLC dated June 22, 2020 ("Baseline Supplement Report"), which Baseline Supplement Report is acknowledged by Grantor and Grantee as an accurate representation of the Ridgway Property, and contains a natural resources inventory and also documents the Conservation Values and the characteristics, current use, and status of existing improvements on and development of the Ridgway Property, as of the Amendment Effective Date. The Baseline Supplemental Report has been provided to both Parties and will be used by Grantee to assure that any future changes in the use of the Ridgway Property will be consistent with the terms of the Original Conservation Easement and this Amendment. However, the Baseline Supplemental Report is not intended to preclude the use of Other evidence to establish the condition of the Ridgway Property as of the Amendment Effective Date. All references in the Original Conservation Easement to the Baseline Report shaII be deemed to also refer to the Baseline Supplemental Report. 7. Section 4 of the Original Conservation Easement is hereby amended to provide that the Management PIan shall be updated to include operation and management provisions for the Ridgway Property (the "Updated Management PIan"). The Updated Management PIan will be finalized within one year following the Amendment Effective Date, prepared by Grantor and approved by Grantee, which approval shall not be withheld unless the Grantee reasonably First Amendment to Hardscrahhle CE —Ridgway Property Page 4 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease determines the Updated Management Plan is materially inconsistent with the Purpose. All references in the Original Conservation Easement to the Management Plan shall be deemed to also refer to the Updated Management Plan upon its finalization. 8. Section 5 of the Original Conservation Easement is hereby amended to provide that: Improvements on the Ridgway Property existing as of the Amendment Effective Date may be removed, or maintained repaired and replaced in their current Iocation. The installation, placement or construction of any other improvements is prohibited unless expressly permitted by this Section 5. Section 5.1 of the Original Conservation Easement is hereby amended to include the following provisions applicable only to the Ridgway Property: 5.1.8 Ridgway Ranch Headquarters Building Area. The approximately 7.46- acre, more or less, "Ridgway Ranch Headquarters Building Area" is described and depicted on the attached Exhibit F 1. Within the Ridgway Ranch Headquarters Building Area the following improvements exist as of the Amendment Effective Date: Residence/cabin (2000 sq. ft.); Log Shed (300 sq. ft.); two Low Sheds (125 and 65 sq. ft.); Barn (2000 sq. ft.); Small Shed (130 sq. ft.); two Loafing Sheds (960 sq. ft. each); Shop (2000 sq. ft.); Granary (200 sq. ft.); old dilapidated shed (I 10 sq. ft.); equipment storage areas (<2 acres totaI); fencing, corrals, paddocks; and three (3) elevated fuel storage tanks (200 to 300 gallons each) for farm equipment and vehicle fuel. 5.1.9 Ridgway Property Recreation and Education Building Area. The approximately 2-acres, more or less, "Ridgway Recreation and Education Building Area" is described and depicted on the attached Exhibit F-2. There are currently no improvements existing within the Ridgway Recreation and Education Building Area as of the Amendment Effective Date. 5.1.10 Ridgway Property Building Areas; Access Areas; Acreage Limitation. Grantor may (a) reconfigure and expand the Building Areas described in Sections 5. I.8 and 5.1.9; and (b) designate additional Access Areas near existing Roads or Trails (or elsewhere upon Notice to Grantee pursuant to Section 19 and Grantee's Approval pursuant to Section 20); each upon notice to Grantee pursuant to Section 19 (Grantor's Notice), provided that the total acreage in the Building Areas described in Sections 5.1.8 and 5.1.9), together with the acreage in the Access Areas on the Ridgway Property, shall not exceed 13 acres in total. Any such Access Areas or increase in size of such Access Areas or Building Areas shall be included in the Updated Management Plan or any amendment thereto. 9. Section 5.2 of the Original Conservation Easement is hereby amended to provide that Improvements existing on the Ridgway Property as of the Amendment Effective Date are permitted, and Grantor may lease, sublease, remove or maintain, repair, replace and enlarge as provided herein such Improvements in their current Iocations without Grantee's approval. Existing Improvements on the Ridgway Property include, without limitation, all structures within the Ridgway Ranch Headquarters Building Area, agricultural areas, irrigation and irrigation infrastructure, water wells, pond basin, various horse paddocks and Iivestock corrals, equipment First Amendment to Hardscrabble CE — Ridgway Property Page 5 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease storage areas, fencing, haystack yards, three fuel storage tanks, and any other structures or improvements identified in the Baseline Supplemental Report. 10. Section 5.3 of the Original Conservation Easement is hereby amended to include the foIlowing provisions applicable only to the Ridgway Property: 5.3.9 Ridgway Ranch Headquarters Building Area. Grantor may lease, sublease, remove, place, install, construct, maintain, enlarge, repair and replace new and existing structures and improvements in the Ridgway Ranch Headquarters Building Area. The existing structures and improvements in the Ridgway Ranch Headquarters Building Area total approximately 8,850 square feet. In addition to the existing structures and improvements within the Ridgway Ranch Headquarters Building Area, and new agricultural structures and improvements, including but not limited to, hoop houses, green houses, fruit/vegetable farm stand(s), educational or agricultural building(s), restroom facilities, parking, trailhead(s) and shelters, shall not exceed a total of I0,000 square feet, provided that the total square footage of all existing structures and improvements (including expansions), and new structures and improvements within the Ridgway Ranch Headquarters Building Area shall not exceed 18,850 square feet (excluding graded and paved areas). Structures and improvements within the Ridgway Ranch I Ieadquarters Building Area exceeding the square footage limitation set forth in this Section 5.3.9 require Grantor's Notice (Section 19) and Grantee's Approval (Section 20). 5.3.10 Ridgway Property Recreation and Education Building Area. Grantor may Tease, sublease, remove, place, install, construct, maintain, enlarge, repair and replace new structures and improvements in the Ridgway Recreation and Education Building Area. New structures and improvements within the Recreation and Education Building Area, including but not limited to, restroom facilities, shelters, parking and trailhead(s), shall not exceed 2,000 square feet (excluding graded and paved areas). Structures and improvements within the Ridgway Recreation and Education Building Area exceeding the square footage Iimitation set forth in this Section 5.3.I0 require Grantor's Notice (Section 19) and Grantee's Approval (Section 20). 5.3.11 Ridgway Property Access Areas. Grantor may place, install, construct, maintain, repair and replace the following new improvements in Access Areas: (a) interpretive, regulatory, and directional signage; (b) wildlife resistant trash collection containers; (c) post and rail or other wildlife friendly fencing except where needed to prevent damage to agricultural property and products; (d) picnic tables and shelters; (e) benches; (f) accessibility facilities, and (g) such other improvements, erosion control, security measures, parking, landscaping and berms, trails, and facilities and improvements as Grantor deems necessary for public access to and enjoyment of the Ridgway Property. The maximum cumulative square footage of structures with a roof (e.g covered picnic shelters) within the areas First Amendment to Hardscrabble CE - Ridgway Property Page 6 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease described in Section 5.3.1 I shall not exceed I,500 square feet without Grantor's Notice (Section 19) and Grantee's Approval (Section 20). 5.3.12 Ridgway Property Paving, Impervious Surfaces. No portion of the Ridgway Property shall be paved or covered with material that does not allow water to percolate into the soil (for purposes of this Amendment collectively defined as "pave") except Roads, and areas in the Building Areas, Access Areas, a trail that is anticipated to connect to the existing paved trail located on the BC VROS to further connect to the Ilaymeadow development (the "Ridgway Connector Trail"), any such Trails as designated in the Management Plan, and to comply with 42 U.S.C. §§1210.1 el seq., as amended from time to time. Notwithstanding any terms to the contrary in the Easement, paved surfaces shall not exceed two percent (2%) of the Ridgway Property (the "Ridgway Property Impervious Surface Limitation"). The Ridgway Property Impervious Surface Limitation does not include Brush Creek Road (as set forth in Section 5.4.1.1), the Ridgway Ranch Headquarters Gravel Road (defined in Section 5.4. 1), the Ridgway Connector 'frail, and any future widening of those roads, or other roads or improvements owned and controlled by parties with superior rights to those rights conveyed to the Grantee by the Easement, And any new or existing structures or improvements permitted herein. 11. Section 5.4 of the Original Conservation Easement is hereby amended to provide that the defined term "Roads" shall include any permanent road that is graded, improved or maintained on the Ridgway Property, including any seasonal unimproved roads, the existing gravel road providing access to the Ridgway Ranch Headquarters from Brush Creek Road and providing access through the Ridgway Property to the adjacent private property (the "Gravel Road") and any two -track roads on the Ridgway Property, and the defined term "Trails" shall include any unimproved or improved path, or paved or unpaved trail constructed or established by human use, but shall not include trails established by wildlife or livestock on the Ridgway Property. 12. Section 5.4.1.1 of the Original Conservation Easement is amended to provide that Grantor may permit emergency ingress and egress from adjacent property owned by The Charles P. Ridgway Trust and Julianne Tolbert Ridgway Trust to existing Roads on the upper ranch portion of the Property and may enter into an agreement with The Charles P. Ridgway Trust and Julianne Tolbert Ridgway Trust for such emergency ingress and egress. 13. Section 5.4.1.3 of the Original Conservation Easement is amended to provide that the paved Ridgway Connector Trail may be Iocated on the Ridgway Property; such Trail tread shall not exceed twelve (12) feet in width, except as otherwise provided in the Updated Management Plan. 14. Section 5.4.3 of the Originai Conservation Easement is amended to include the following: 5.4.3.1 Ridgway Property Utility .Improvements Notwithstanding the foregoing, Grantee agrees that the septic system associated with the residence/cabin located in the Ridgway Ranch Headquarters Building Area may be replaced with an improvement of similar size and type in a Iocation other than its current Iocation so Lang as it remains within the Ridgway Ranch Headquarters Building Area. In addition, limited renewable energy generation systems are permitted for use on the Ridgway Property primarily for the purpose of allowing Grantor to offset its energy consumption on the Ridgway Property and shall be located in the First Amendment to Hardscrabble CE - Ridgway Property Page 7 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease Ridgway Ranch Headquarters Building Area or the Ridgway Recreation and Education Building Area, except that self-contained solar or renewable energy devices connected to individual agricultural pumps, permitted signs or other permitted improvements, are permitted wherever such improvement are permitted on the Ridgway Property. Any Iimited renewable energy generated on the Ridgway Property in accordance with this paragraph within the Ridgway Ranch Headquarters Building Area or the Ridgway Recreation and Education Building Area that incidentally is in excess of Grantor's consumption may be sold, conveyed, or credited to a provider of retail electric service to the extent permitted by Colorado Iaw. 15. Section 6.6 of the Original Conservation Easement is amended to include the following: 6.6.1 Ridgway Property Minerals As of the Amendment Effective Date, Grantor owns all of the Minerals located on, under, or in the Ridgway Property or otherwise associated with the Ridgway Property. The Easement expressly prohibits the mining or extraction of Minerals from the Ridgway Property using any surface mining method, however Grantor may extract soil, sand, gravel or rock without further permission from Grantee so long as such extraction: (i) is solely for use on the Ridgway Property for non-commercial purposes; (ii) is in conjunction with activities permitted herein, such as graveling roads and creating stock ponds, filling sink holes, and stabilizing ditches; (iii) is accomplished in a manner that is consistent with the Purpose; (iv) is taken from a borrow site not to exceed one (I) acre, as approved by Grantee in accordance with Section 20 (Grantee's Approval) after Grantor provides notice to Grantee pursuant to Section 19 (Grantor's Notice); and (v) is mined using methods that have a limited and localized impact on the Ridgway Property but are not irremediably destructive of the Conservation Values. 16. Section 6.7 of the Original Conservation Easement is amended to include the following: 6.7.1 Ridgway Property Recreation. Grantor may undertake, or permit members of the public to undertake non -motorized recreation on the Ridgway Property, including, but not limited to, educational activities (including 4-H activities), community gardening, community supported agricultural plots, wildlife watching, hiking, hiking (including electric biking), equestrian, ice skating, floating, hunting and fishing (in accordance with Eagle County regulations and regulations of the Colorado Division of Parks and Wildlife) and snows hoeing and cross-country skiing, provided they are undertaken in accordance with the !Management PIan and in a manner that minimizes damage to the Conservation Values. 17. Section 6.12 of the Original Conservation Easement is amended to include the following: 512.1 Ridgway Property Agriculture. Grantor may construct, maintain, repair, enlarge and replace Minor Agricultural Improvements anywhere on the Ridgway Property without Grantee's approval, including corrals, pens, fenced or unfenced haystack yards, feeding troughs, livestock feeding stations, no more than one (1) shed which shall be limited to 1500 square feet in size, irrigation ditches and structures and stock watering ponds. Major Agricultural Structures such as barns First Amendment to Hardscrabble CE — Ridgway Property Page 8 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease and greenhouses shall be located only in the Ridgway Ranch Headquarters Building ,Area or the Ridgway Recreation and Education Building Area and in accordance with the limitations set forth in Section 5.3.8 and 5.3.9. 18. Section 7.3 of the Original Conservation Easement is amended to include the following: 7.3.1 Ridgway Commercial or Industrial Activity. Grantor may allow professional guides or outfitters to access the Ridgway Property as set forth in the Management Plan. Grantor may further allow installation and operation of a commercial farm stand on the Ridgway Property as set forth in the Management Plan. 19. Section 7.8 of the Original Conservation Easement is amended to provide that Grantor may permit emergency ingress and egress from adjacent property owned by The Charles P. Ridgway Trust and Julianne Tolbert Ridgway Trust to existing Roads on the upper ranch portion of the Property and may enter into an agreement with The Charles P. Ridgway Trust and Julianne Tolbert Ridgway Trust for such emergency ingress and egress. 20. Section 13 of the Original Conservation Easement is amended to include the following: 13.1.1 This Amendment conveys a real property interest in the Ridgway Property immediately vested in Grantee, the value of which the Parties agree is 55% of the value of the Property unencumbered by this Amendment (the "Amendment Value Percentage"). The Amendment Value Percentage shall be used to determine Grantee's compensation according to the Section 13.2.1 of the Easement. 13.2.1 If the Easement is taken, in whole or in part with respect to the Ridgway Property, by exercise of the power of eminent domain ("Ridgway Property Condemnation"), or if circumstances arise in the future that render the Purpose impossible to accomplish as to the Ridgway Property, the Easement can only be terminated, whether in whole or in part with respect to the Ridgway Property, by judicial proceedings in a court of competent jurisdiction. Each Party shall promptly notify the other Party and the Board in writing when it first learns of such circumstances. Grantee shall be entitled to full compensation for its interest in any portion of the Easement that is terminated as a result of a Ridgway Property Condemnation or other proceedings. Grantee's proceeds shall be an amount at least equal to the Amendment Value Percentage multiplied by the value of the unencumbered fee simple interest (excluding the value of any improvements) in the portion of the Ridgway Property that will no longer be encumbered by the Easement as a result of a Ridgway Property Condemnation or termination. Grantor shall not voluntarily accept proceeds equal to less than the full fair market value of the affected Ridgway Property unrestricted by the Easement without the approval of Grantee and the Board. The Grantor shall be entitled to receive19.9% of Grantee's share of such proceeds, the Board shall be entitled to receive 60.7% of Grantee's share of such proceeds, Eagle Ranch shall be entitled to receive 17.3% of Grantee's share of such proceeds, the Town shall be entitled to receive 0.9% of Grantee's share of such proceeds and Grantee shall be entitled to receive 1.2% of such proceeds. Upon Grantee's receipt of its share of such proceeds, Grantee shall promptly remit to the Board, Eagle Ranch First Amendment to Hardscrabble CE — Ridgway Property Page 9 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease and the Town their respective share of these proceeds. Grantee shall use its proceeds in a manner consistent with the conservation purposes of the Easement. 21. Section 22 of the Original Conservation Easement is amended to include the following: 22.1 Liens an the Ridgway Property. There are no current mortgages or monetary liens affecting the Ridgway Property. No provisions of this Amendment should be construed as impairing the ability of Grantor to use the Ridgway Property as collateral for subsequent borrowing, and any mortgage or Iien arising from such a borrowing is subordinate to the Easement. 22. Section 24 of the Original Conservation Easement is amended to include the following: 24.3 Grantor warrants that Grantor: (i) has good and sufficient title to the Ridgway Property, free from all liens and encumbrances securing monetary obligations except ad valorem property taxes for the current year and matters of record; (ii) has the right to rant access to the Ridgway Property to Grantee for the purposes described in this Amendment and has in fact granted said access to Grantee; and (iii) hereby promises to defend title to the Ridgway Property against all claims that may be made against it by any person claiming by, through, or under Grantor, subject to matters of record as of the Amendment Effective Date. 24.4 Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge as of the Amendment Effective Date: 24.4.1 No hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed of, deposited, or transported, in, on, or across the Ridgway Property, and that there are no underground storage tanks located on the Ridgway Property; 24.4.2 Grantor and the Ridgway Property are in compliance with all federal state, and local laws, regulations, and requirements applicable to the Ridgway Property and its use; 24.4.3 There is no pending or threatened Iitigation in any way affecting, involving, or relating to the Ridgway Property; and 24.4.4 No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local Iaw, regulation, or requirement applicable to the Ridgway Property or its use. 23. Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Amendment, for which no goods or services were exchanged or provided. 24. Section 26 of the Original Conservation Easement is amended to include the following: s: 26.LI Severability. If any provision of this Amendment, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Amendment, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. 26.2.1 Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. First Amendment to Hardscrabhle CE — Ridgway Property Page 10 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease 26.3.1. Waiver of'Defenses. Grantor hereby waives any defense of laches, estoppel or prescription and acknowledges and agrees that the one-year statute of limitation provided under C.R.S. § 38-4I-119 does not apply to this Amendment, and Grantor waives any rights of Grantor pursuant to such statute. 26.4.1 Controlling Law and Liberal Construction. The provisions of this Amendment are subject to the Iaws of the United States and the State of Colorado as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder. The provisions of this Amendment are to be liberally construed in favor of the Purpose, and any ambiguities or questions regarding the validity of specific provisions shall be interpreted in favor of maintaining the Purpose. Any decisions resolving such ambiguities or questions shall be documented in writing. Nothing permitted by this Amendment or approved by Grantee in accordance with this Amendment constitutes approval by any government or regulatory agency for construction, development or Iand use; nor does any permit or approval granted by a government or regulatory agency override the terms of this Amendment. Grantor retains responsibility for obtaining and complying with all necessary permits and applicable laws before engaging in uses or activities permitted under this Amendment. 265.1 Amendment Correction. The Parties shall cooperate to correct mutually acknowledged errors in this Amendment (including exhibits), including typographical, spelling, or clerical errors. The Parties shall make such corrections by written agreement, which the Board must first approve in writing as described in Section 26.6 of the Original Conservation Easement. Any corrections shall be recorded in the records of the Clerk and Recorder of the county or counties in which the Ridgway Property is located. 26.9.1 Development Rights. The "Development Rights" relating to the Ridgway Property are defined as all present or future rights to (i) construct, place, replace, enlarge, maintain or repair any improvements on the Ridgway Property; or (h) receive credit for density for development on or off the Ridgway Property. By this Amendment, Grantor conveys to Grantee all Development Rights associated with the Ridgway Property except those Development Rights reserved by Grantor, which includes without limitation, any rights in the Updated Management Plan, the right to make new Improvements pursuant to Section 5 of the Original Conservation Easement as amended herein, the Environmental Attributes described below, and any other rights reserved by Grantor, including the rights retained by Grantor described in Section 3 of the Original Conservation Easement. Therefore, Grantor does not have the right to use or transfer any Development Rights associated with the Ridgway Property conveyed to Grantee by this Amendment. 26.101 Recording. Grantor shall record this Amendment in a timely fashion in the official real property records of Eagle County, Colorado, and Grantee may re-record it at any time as may be required to preserve its rights in this Amendment. 2614.1 Environmental Attributes. Grantor hereby reserves all Environmental Attributes associated with the Ridgway Property. "Environmental Attributes" shall mean any and all tax or other credits, benefits, renewable energy certificates, emissions reductions, offsets, and allowances (including but not limited to water, riparian, greenhouse gas, beneficial use, and renewable energy), generated from or attributable to the conservation, preservation and management of the Ridgway Property in accordance with this Ridgway Easement Amendment. Nothing in this section shaII modify the restrictions imposed by this Amendment or otherwise impair the preservation and protection of the Conservation Values. First Amendment to Hardserabble CE — Ridgway Property Page 11 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease 26.15.1 Authority to Execute. Each Party represents to the other that such Party has fWl power and authority to execute and deliver this Amendment, and perform its obligations under this Amendment, that the individual executing this Amendment on behalf of said Party is fully empowered and authorized to do so, and that this Amendment constitutes a valid and legally binding obligation of said Party enforceable against said Party in accordance with its terms. 26.16.1 Construction in Accordance with Laws and Regulations. The structures and improvements permitted herein with respect to the Ridgway Property shall be constructed in accordance with then -applicable laws, regulations and permitting requirements, including any pertaining to wetlands. 25. If there is conflict between the terms of the Original Conservation Easement or this Amendment , the terms of this Amendment shall prevail. 26. As required under Section 26.6 of the Original Conservation Easement, the Board has approved of this Amendment. 27. Grantor and Grantee hereby ratify and confirm this modification to the terms of the Original Conservation Easement. Except as amended by this Amendment, the terms of the Original Conservation Easement shall remain in full force and effect. This Amendment amends the Original Conservation Easement without interrupting the perpetual duration of the Original Conservation Easement. 28. The "Amendment Effective Date" of this Amendment shall be the date of its recording in the - EagIe County, Colorado, CIerk and Recorder's Office. TO HAVE AND TO HOLD, this First Amendment to Deed of Conservation Easement unto Grantee, its successors and assigns, forever. SIGNATURE PAGES TO FOLLOW. First Amendment to Hardscrahhle CE — Ridgway Property Page 12 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. I" t"7:,112i1 I10I.F COUNTY OF EAGLE, STATE OF COLORADO, By and thrq(gh its bard of county Commissioners IN ■c►1A1, Chair STATE OF COLORADO ) ) ss. COUNTY OF EAGLE. ) The foregoing instrument was acknowledged before me this day of , 2020, by Kathy Chandler -Henry, Chair of the Board of County Commissioners for Ea e County, Colorado. Witness my hand and official seal. My commission expires. t� l • Z� ��Z� Notary Public CHRISTINA M. ANDREWS NOTARY Puauc STATE OF COLORADO NOTARY ID 20184033352 MY COMMISSION EXPIRESAUG. 21, 2022 First Amendment to Hardscrabble CE — Ridgway Property Page 13 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease GRANTEE: EAGLE VALLEY LAND TRUST, a Colorado nonprofit corporation By. Jessica Foulls, Executive Director STATE OF COLORADO } ss. COUNTY OF EAGLE } The foregoing instrument was acknowledged before me this J-9 ~day of , 2020, by Jessica FouIis as Executive Director of Eagle Valley Grantee, a Colorado noWro corporation. Witness my hand and official seal. My commission expires: Patdcla S. g 14otary Public 1l MARY PUBLIC STATE OF COLORADO MY 00MMissfan expires oi114=21 LIG# 20084043534 First Amendment to Hardscrabble CE — Ridgway Property Page 14 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease EXHIBIT A-7 Legal Description of the Ridgway Property A parcel of land Iying in Tract 66 and 67, Township 5 South, Range 84 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Range as approved on June 20, 1922; said parcel being more particularly described as follows: Beginning at a found 2 114" brass cap on a 1" steel pipe marking the corner of Tracts 64, 65, 66 and 67; thence along the northerly line of said Tract 66 S89'23'37"E 174.53 feet; thence departing said northerly Iine foIIowing an existing 4 foot high 3 strand barbed wire fence the following twenty seven courses: 1)S40°23'38"E 128.96 feet; 2) S41'39'04"E 241.52 feet; 3) S41 °01'57"E 160.72 feet; 4) S42°52'1 YE 159.47 feet; 5) S3100542"E 113.71 feet; 6)S30'51'50"E 159.51 feet; 7) S39'49'34"E 34.70 feet; 8) S86'00'24"E 9.54 feet; 9) S40°49'11 "E 106.09 feet; 10) S46046'36"E 191.02 feet; 11) S36016'09"E 257.18 feet; 12) S35'1T12"E 168.56 feet; 13) S36°25'42"E 52.59 feet;14)S39°07'40"E 90.02 feet; 15) S33037'08"E 149.96 feet; 16)S17'37'27"E 68.19 feet; 17) S25*12'15"E 122.70 feet; 18) S37°17'50"E 187.92 feet; 19) S20'08'16"W 357.73 feet; 20) S24'39'20"E 191.90 feet; 21)S05°55'54"E 64.28 feet; 22) S08*30'16"E 75.77 feet; 23) S19'51'48"E 62.74 feet; 24) S46°22'23"E 53.80 feet; 25) N52013'06"E 43.58 feet; 26) S84'53'38"E 418.92 feet; 27) S00'00'00"E 70.77 feet to the northwesterly corner of Lot 1 Ridgway Homesites per the final plat recorded at Reception No. 375263 in the office of the Eagle County, Colorado, Clerk and Recorder; thence along the westerly Iine of said Ridgway Homesites the foIIowing twenty courses. 1) S55°18'52"E 39.07 feet; 2) S13057'07"E 94.36 feet; 3) S02*26'31"VV 102.12 feet; 4)S1 001 1'04"E 162.55 feet; 5) S21'41'20' lIV 49.61 feet; 6) S21 °45'20"W 42.24 feet; 7) SO4°33'07"W 118.59 feet; 8) S68'23`47"W 91.12 feet; 9)S49° 19'47"W 106.40 feet; 10) S29'25'00"W 141.10 feet; 11)S09° 13'43"VV 14.02 feet; 12) S16°53'54"E 148.42 feet; 13) S39021'48"E 114.49 feet; 14) S83'59'43"E 63.74 feet; 15) S23°07'03"E 34.39 feet; 16)S23*17'06"W 42.02 feet; 17) S51'16'48"E 30.23 feet; 18) S02'55'12"E 72.60 feet; 19) S24°37'55"E 51.71 feet; 20) SO4'05'58"W 36.87 feet to the southwesterly corner of said Lot 3 Ridgway Homesites also being the southerly line of said Tract 66; thence along said southerly line N87'30'52"W 760.66 feet to corner AP 5 Tract 66 and corner AP 6 Tract 67 referenced by a found 30 foot witness corner being a 3 114" aluminum cap on a No. 6 rebar; thence along the south line of Tract 67 N89'50'06"W 165.49 feet to the centerline of Brush Creek Road; thence departing said south line and along said centerline the foIIowing twenty courses: 1)175.88 feet along the arc of a curve to the left, having a radius of 806.14 feet, a delta angle of 12°30'02", and a chord that bears N14°42'37"W 175.53 feet; 2) N20'57'38"W 149.13 feet; 3) 218.82 feet along the arc of a curve to the Ieft, having a radius of 495.09 feet, a delta angle of 25°19'23", and a chord that bears N33'37'20"W 217.04 feet; 4) N46'1 T01 "W 201.67 feet; 5) 219.83 feet along the arc of a curve to the right, having a radius of 418.98 feet, a delta angle of 30'03'41", and a chord that bears N31°15'11"W 217.31 feet; 6)N16°13'20"W 419.17 feet; 7) 103.42 feet along the arc of a curve to the right, having a radius of 780.12 feet, a delta angle of 7°35'44", and a chord that bears N12*25'28"W 10134 feet; 8) N08°37'36"W 93.72 feet; 9) 1 82. 18 feet along the arc of a curve to the Ieft, having a radius of 1297.57 feet, a delta angle of 8°02'40", and a chord that bears N12°38'56"W 182,03 feet; 10) N16'40'16'VV 94.78 feet; 11) 174.52 feet along the arc of a curve to the left, having a radius of 1090.26 feet, a delta angle of 9°10'17", and a chord that bears N21 *15'25" VV 174.33 feet; 12) N25'50'34"W 60.28 feet; 13) 172.19 feet along the arc of a curve to the left, having a radius of 484.96 feet, a delta angle of 20'20'36", and a chord that bears N36°00'51"W 171.29 feet; 14)N46011'09"W 555.64 feet; 15) 80.96 feet along the arc of a curve to the left, having a radius of 2299.07 feet, a delta angle of 2'01'03", and a chord that bears N47°11'41"W 80.95 feet; 16) N48'12'1YW 553.16 feet; 17) 229.50 feet along the arc of a curve to the Ieft, having a radius of 997.15 feet, a delta angle of 13° 11'l3", and a chord that bears N54'47'50"W 228.99 feet; 18) N61'23'26"lll 167.42 feet; 19) 224.37 feet along the arc of a curve to the right, having a radius of 607.37 feet, a delta angle of 21 °09'56", and a chord that bears N50°48'28"W 223.09 feet; 20) N40013'30"VV 545.59 feet to the west line of said Tract 67; thence along said west line N00*02'04"E 29.88 feet to a found No. 5 rebar on a 1 112" aluminum cap LS #23089 marking the southwest corner of a parcel recorded in Book 82 at First Amendment to Hardscrabble CE - Ridgway Property Page 15 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease Page 475 in the office of the Eagle County Colorado CIerk and Recorder; thence S40'13'30"E 29.80 feet to a found No. 5 rebar on a 1 112" aluminum cap LS ##23089 marking the southeast corner of said parcel; thence NOC'00'44"E 388.89 feet to a found No. 5 rebar and 1 112" aluminum cap LS #23089 marking the northeast corner of said parcel on the north line of said Tract 67; thence along said north line S89'22'42"E 1396.84 feet to the point of beginning, containing 131.33 acres, more or less, County of Eagle, State of Colorado First Amendment to Hardscrabb[e C'E - Ridgway Property Page 16 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease EXHIBIT C-1 Map of Property Firs Amendment to Hardserabble CE - Ridgway Property Page 17 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease EXHIBIT D-1 Description of Ridgway Water Rights Described in the January 16, 2020 Spronk Water Engineers Letter Study First Amendment to Hardserahble CE — Ridgway Property Page 18 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease <�<�Q� U U U U U U X A .� N � 4 [V q _•• t� ❑ G N O M M q M V Vl � Qj x M g q M^ Y G3 a ,2 C3 '� 7i iy C � Q° x a m x e3i aN � wU [ 1 O Q O o 0 � P.-O `R p C o rn b c CI! W V G V ] U Q ❑ C C U U ice+ n•i � •�] 4- u 414 u V ez 4 A i N M C'It cri H � C i 4 U m o o V 4 � N 6 � r�•1 C v�i CZ M M N Qn W Q C. C u o z a z o z d 7 o z d z u � � C' `o `❑ `c o `❑ F e CL � aq'C C 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease EXHIBIT F-I Description and Drawing of Ridgway Headquarters Building Area First Amendment to Hardscrabble CE — Ridgway Property Page 19 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease EXHIBIT "F-I " Ridgway Ranch Headquarters Building Area A description of a parcel of land located in part of the Tract 67, TSS, R84W of the 6th P.M., Eagle County, State of Colorado. For: Eagle County Open Space. LEGAL DESCRIPTION A parcel of land located in parts of Tracts 67, TSS, R84W if of the 6tn P.M., Eagle County, Colorado described as follows: COMMENCING AP6, of Tract 66, TSS, R84W, from which the South Line of said Tract 66 bears, North 87 degrees 30 minutes 52 seconds West, (Basis of Bearing), thence North 73 degrees 15 minutes 56 seconds West, 1922.38 feet to the TRITE POINT OF BEGINNING a point that is located in the centerline of Brush Creek Road by two 20.00 foot reference monuments which are ##4 rebar with a 1.5" aluminum cap LS 38233 as shown in Land Survey Plat recorded in Book 2, Page 1231. Thence North 46 degrees 17 minutes 01 seconds West, 201.68 feet along the centerline of Brush Creek as monumented in said Land Survey Plat to a paint of curve to the right; Thence northwesterly, 219.83 feet along the are of said curve to a point tangent, sad arc having a radius of 418.98 feet, a central angel of 30 degrees 03 minutes 41 seconds, and being subtended by a chord that bears North 31 degrees 15 minutes 11 seconds West, 217.31 feet; Thence along said centerline of Brush Creek Road North 16 degrees 13 minutes 20 seconds West, 419.16 feet; Thence leaving said centerline of Brusly Creek Road North 73 degrees 39 minutes 43 seconds East, 507.82 feet; Thence South 43 degrees 43 minutes 55 seconds East, 285.19 feet; Thence South 61 degrees 52 minutes 41 seconds West, 206.18 feet; Thence South 29 degrees 09 minutes 32 seconds East, 337.64 feet; Thence South 77 degrees 09 minutes 22 seconds West, 54.18 feet; Thence North 84 degrees 55 minutes 09 seconds West, 120.41 feet; Thence -South 79 degrees 34 minutes 55 seconds West, 120.74 feet; 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease Thence South 00 degrees 00 minutes 00 seconds East, 249.16 feet to the centerline of Brush Creek Roars and the TRUE POINT OF BEGINNING; Area = 7.46 acres, more or less. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon - REG Kelly L. MH16 :;�•'' `��: 'o - Coloradi Z;ft! r �ftcr Surveyor RcG379 500 Broads Eagle, CD 80$50 Date: r��ri�nsrtn File:Ridgeway FLDOC Project; 2017 202011767 o «Sign Envelope g: ye mBs2AB D4m@e Dw 2c 5BD7c S5 Exhibit B-1 to Second Amendment to Lease � � \ 2 / rr, an©® ¢ ) §�\�= \ k` % A \ $k ® o \ 2 @ n � 0 § �ma eeg ® m ? >� 2/> @ ±f/ w e2m wm ® f q % \ 2 / o % / o 3 a 7 Cn � M k CT; ® � / ® C) @ � � 2 2 %C)D, . q S! (D 1 m � #® 2/e% M 17i J� 2agq t g % 7 &f 'Sin & a- )'Ca>/ « % • $ R % F)r g �F) @ xRR 7 # \ $ ^ $ EXHIBIT F 1 m � r REVISION EAGLE COUNTY i mower RANCH HEADQUARTERS ENGINEERING DEPARTMENT BUILDING AREA, PART a TRACT# __�� 7_e__,_�au� cv_o P.O. � � _ _Am� EAGLE. m,� _�s� wm_z_�e 9 — __ _ __ 202011787 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease EXHIBIT F-Z Description and Drawing of Ridgway Recreation and Education Building Area First amendment to Hardscrabble CE — Ridgway Property Page ZD 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease E"IBIT "F-Z" Ridgway Recreation & Education Building Area A description of a parcel of land located in Tract 67, T5S, R84W of the 6th P.M., Eagle County, State of Colorado, For: Eagle County Open Space. LEGAL DESCRIPTION A parcel of land located in, Tract 67, T5S, R84W if of the 6th P.M., Eagle County, Colorado described as follows: COMMENCING API, of Tract 67, T5S, R84W, from which the North Line of said Tract 67 bears, North 89 degrees 29 minutes 03 seconds West, (Basis of Bearing), thence North 89 degrees 29 minutes 03 seconds West, 579.40 feet along said North Line to the TRUE POINT OF BEGINNING; Thence continuing North 89 degrees 29 minutes 03 seconds West, 817.39 feet along the North Line of said Tract 67 to a found #5 rebar with a I" aluminum cap RLS 23089; Thence leaving the North Line of said Tract 67 South 0 degrees 04 minutes 25 seconds East, 388.84 feet to a found #5 rebar with a 1" aluminum cap RLS 23089 and the northerly right of way of Brush Creek Road; Thence along the northerly right of way line of Brush Creek Road South 40 degrees 22 minutes 23 seconds East, 115.19 feet; Thence departing said northerly right of way North 00 degrees 04 minutes 25 seconds West, 401.42 feet; Thence South 89 degrees 29 minutes 03 seconds East, 742.79 feet; Thence North 00 degrees 00 minutes 00 seconds East, 74.50 feet to the South Line of said Tract 64 and the TRUE POINT OF BEGINNING; Area = 2.00 acres, more or less. NOTICE: According to Colorado Iaw you must commence any legal action based upon any dcfect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be- commenced more than ten years froru the date of the certification shown hereon. RE G Kelly L. Mil. �`' Colorado Or e�"sigr yd° '. a r Surveyor l cGd 79 0 500 Broad vi"; Eagle, CO 8 'M Date: File: Exhibit F-2.DOC Project: 2017 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Exhibit B-1 to Second Amendment to Lease z N 0 V Cat N L4 Lr1 A!D' 04' 25"W 485.57 t- East Lino of Vad 69 — �b. 4-25`=Ea8 M"t ule of-:Tivot'57.. a-* .ti, u, — — y West Lips of Tract 64 NO' 04` 25"W 401.42 .;�i:,-.vim ss o- 3ep . Cr �i it 00 :..0 rrl -1X 3�sry Q8� r- - U' :37 .4 mco Uy n M1 o co O r Q Rcc.. 3d SO' OO' OO"E cn a r m Nm ym b '4 Z2 n pp �F y F7 m m EXHIBIT F-2 RIDGWAY RECREATION AND EDUCATION BUILDING AREA TOWNSHIP 5 SOUTH, RANGE 84 WEST, EAGLE COUNTY COLORADO ND_ DATE REVISION EAGLE COUNTY ENGINEERING DEPARTMENT P-D- BOX 85D, &00 BROADWAY EAGLE, 00 W631 PHONE:9710.32"580 FAX:970_,28-8789 LEtOO °"!M= FIR RMEW 202011767 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 EXHIBIT C -1 BCVROS MANAGEMENT PLAN SUPPLEMENT (incorporates Ridgway Property) DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 EAGLE COUNTY Open Space C21-230 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Acknowledgments 3 Adopted and Approved 4 Introduction 5 Property ❑verview 5 Acquisition 5 Conservation Easement 6 Purpose of the Management Plan Supplement 6 Role of Eagle Valley Land Trust 7 Public Involvement 8 Public Comment 8 Property History 8 Existing Conditions 10 Location and Description 10 Building Envelopes 10 Natural Resources 10 Vegetation Communities 10 Significant Plant Communities 11 Riparian Habitat 11 Noxious Weeds 12 Wildlife Habitat 12 Aquatic and Fisheries 13 CPW Tracked Species 13 Agricultural Resources 13 ❑itches and Irrigation 14 Irrigation Condition and Management Considerations 14 Ranch Infrastructure 14 Residence 15 Summary of Key Issues and Priorities —Agricultural Management 15 Recreation and Access 15 Recreational Access on the Property 15 Existing Recreational Access Adjacent to the Property 16 Hunting and Fishing Access 16 Summary of Key Issues and Priorities — Recreation and Access 16 Existing Plans and Policies 16 1 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Management Recommendations 17 Goals and Implementation 17 Management Actions 18 Habitat Management 19 Weed Management 19 Riparian Habitat Restoration 19 Wildlife Habitat Protection 19 Riparian Wildlife Habitat 19 Elk and Mule Deer Management 20 Agricultural Management 20 Overall Approach 20 Alternative Crop Production 21 Ditches and Irrigation 21 Vegetation and Grazing Management 22 Ranch Infrastructure 23 Ranch Management 24 Management of Recreation, Public Access, and Use 25 Overall Approach 25 Public Access and Recreation 26 Trails 27 Fishing 29 Hunting 30 Programming Management 31 Rules and Regulations 31 Implementation 31 Implementation Priorities 32 References 34 Appendix A: Maps 35 Appendix B: Existing Plans 39 Appendix C: First Amendment to Deed of Conservation Easement, Brush Creek Valley Ranch and Open Space, formerly Hardscrabble Ranch 40 2 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Brush Creek Valley Ranch and Open Space Management Plan Supplement June 2021 Acknowledgments Prepared by: Eagle County Open Space Department Phillip Kirkman, Ranger and Natural Resource Specialist Peter Suneson, Outreach and Education Specialist Katherine King, Open Space Director Eagle County Open Space Advisory Committee Tom Edwards, Chair Tom Henderson Bill Heicher Jennifer Ellis Jones Josh Lautenberg Chupa Nelson Robert Schultz Eagle County Board of County Commissioners Kathy Chandler -Henry, Commissioner Jeanne Mcqueeney, Commissioner Matt Scherr, Chair With professional assistance from: Holly Strablizky, Assistant County Attorney With support for the acquisition from: Eagle Ranch Wildlife Committee Eagle Valley Land Trust Great Outdoors Colorado (GOCO) Town of Eagle Private Donations CPW Habitat Partnership Program With technical assistance from: Rare Earth Science, LLC DHM Design United States Department of Interior, Bureau of Land Management (BLM) Colorado Parks & Wildlife (CPW) Colorado State University Extension Service (CSU) Eagle County Historical Society 3 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Adopted and Approved This Brush Creek Valley Ranch and Open Space Management Plan Supplement is hereby approved on 6/30/2021 , by the Eagle County Board of County Commissioners and Eagle Valley Land Trust, BOARD OF COUNTY COMMISSIONERS OF THE CO tT-1EA6LE, STATE OF COLORAD❑ By: A4Aff S 1E78T0718 9473 Matt Sc err, C it Attest: oSigned By: By: ' Regina O' IA'S39Wtounty Clerk and Recorder EAGLE VALLEY LAND TRUST, A Cal sume"r-ofit corporation By: I t-Ssit& roks 49,7s Jessica ou33�recto r I , 4 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Introduction Property Overview On July 22, 2020 Eagle County purchased a 131-acre parcel surrounded on three sides by the Brush Creek Valley Ranch and Open Space (the "Property") located in the heart of the Brush Creek Valley. The Property contains outstanding wildlife habitat, critical riparian habitat along Brush Creek, an increased opportunity for dispersed recreation, and the potential for sustainable agricultural operations. Due to its location, similar characteristics and potential uses, the County desires to incorporate the Property into the surrounding Brush Creek Valley Ranch and Open Space ("BCVROS"). Acquisition The Property met specific selection criteria as required by Open Space ballot language. Open Space staff and the citizens' Open Space Advisory Committee ("OSAC") recognized the conservation values of the Property and made a recommendation to the Eagle County Board of County Commissioners to consider purchasing the Property with Open Space Funds. All primary Open Space Selection Criteria were identified to have a high (scale: tow -medium -high) value by staff and OSAC: • Physical and Visual Buffers • Access to Streams, Rivers, Public Lands and Dispersed Recreation Opportunities • Sensitive Lands & Environments • Regional Heritage, Agriculture and Ranching • wildlife, Wildlife Habitat and Migration Routes • Scenic Landscapes and Vistas Eagle County purchased the Property using funds from the dedicated Open Space Fund as well as significant support from many partners. Total Acquisition Cost: $2.306 million • $1,310,000 plus transaction costs -Eagle County Open Space Fund • $700,000 - GOCO • $200,000 - Eagle Ranch wildlife Committee • $13,300 -Eagle Valley Land Trust ■ $10,000 - Town of Eagle 5 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 $10,000 - Colorado Parks and Wildlife Habitat Partnership Program (towards transaction costs) Conservation Easement Eagle County funded the conservation ❑f the Property based upon its unique attributes and conservation values. The entirety of BCVROS is protected by a Conservation Easement, which is a voluntary legal agreement between a property owner and a third party that removes some ❑r all of the development potential of the property and protects its conservation values in perpetuity. Eagle County is the owner of BCVROS and the Property, and Eagle Valley Land Trust ("EVLT") holds the Conservation Easement, which was amended in 2020 to include the Property by the First Amendment to Deed of Conservation Easement, Brush Creek Valley Ranch and Open Space, formerly Hardscrabble Ranch (see Appendix C; the original and amended Conservation Easement is hereinafter referred to as the "Conservation Easement"). As the landowner, Eagle County must contemplate the conservation values and restrictions identified in the Conservation Easement when making decisions concerning the management and operation of the Property. All activities on BCVROS and the Property must comply with the Conservation Easement. In the event of a conflict between management plans and the Conservation Easement, the Conservation Easement shall govern. The conservation values identified in the Conservation Easement for the Property are: • ❑pen Space a Scenic Enjoyment o Agriculture o Significant Public Benefit ■ Public Recreation and/or Education ■ Relatively Natural Habitat Purpose of the Management Plan Supplement On November 13, 2018, Eagle County adopted the BCVROS Management Plan (the "Original Management Plan"). The purpose of this Management Plan Supplement ("Supplement") is to incorporate management of the Property into the ❑riginal Management Plan by providing a framework for the long-term improvement, stewardship, and public use of the Property so that it will continue to be an asset to the community (the Original Management Plan and Supplement is collectively referred to as the "BCVROS Management Plan"). This Supplement is intended to assist Eagle County with the day-to-day operation of the Property, while also establishing the vision for long-term stewardship of the land. As stated above, this Supplement will be incorporated into and reviewed along with the rest of the Original Management Plan at DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 least every five years and may be amended if determined necessary, in accordance with the terms of the Conservation Easement. This Supplement is intended to be flexible and it is acknowledged that conditions on the Property will change. This Supplement is intended to achieve the following objectives: • Add the Property to the BCVROS and incorporate management of it into the Original Management Plan to ensure cohesive management of the entire property • Further document existing conditions and management issues on the Property • State the management goals for the Property ■ Provide a framework for balancing the various uses that may occur on the Property and conservation values identified in the Conservation Easement ■ Identify goals, actions, and priorities for the Property and communicate them to user groups, visitors, stakeholders, and the community • Facilitate communication between Eagle County and EVLT about management issues that may affect the conservation values This Supplement is not intended to: • Act as an Annual Operating Plan ■ Act as a Capital Improvement Plan • Provide a detailed budget for operations and/or improvements on the Property • Outline detailed monitoring methods or approaches • Serve as a Request for Proposal for future lease agreements or terms on the Property The Conservation Easement and the grant from Great Outdoors Colorado require that a management plan be put in place. Role of Eagle Valley Land Trust As the holder of the Conservation Easement on the Property), EVLT is charged with monitoring the Property annually and ensuring the conservation values are upheld. EVLT is entitled to notice and the right to approve certain activities as more fully set forth in the Conservation Easement. The BCVROS Management Plan may be amended from time to time in accordance with the Conservation Easement. DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Public Involvement The public outreach process followed a similar method to establishing the ❑riginal Management Plan. However, due to the COVID-19 pandemic, Eagle County focused communication to engage partners, stakeholders, and the public online. The scoping phase of the supplemental management plan process was broken down into 3 steps: Step 1: Meetings with experts and stakeholders Step 2: Meetings with user groups and interested parties Step 3: Community outreach Public Comment Methods for public comment were limited due to COVID-19 restrictions. In place of large public meetings or open houses, public comment was focused ❑nline. The robust public process for the BCVROS management planning process helped inform community expectations for agricultural management and recreation along Brush Creek. That feedback assisted in outlining this Supplement. Management planning brought stakeholder groups together, ensuring consideration of various relevant positions and perspectives. During the initial ❑utlining phase staff requested comment and met with specific stakeholders, experts, and potential user groups. Input from the general public was solicited via a press release and emails, and submitted via an online comment form. Management plan inquiries were responded to via email or virtual online meetings. An opportunity for a Q&A discussion was offered at the online April 2021 ❑SAC meeting. The Supplement was then presented to the public and made available for further public comment before its adoption. Only one public comment was submitted via the posted online form. The Draft Supplement was reviewed by partnering organizations and their comments were submitted via email. Property History As one of the former owners of the Property, Mr. Charlie Ridgway provided the following account to Eagle County ❑pen Space and the Eagle County Historical Society. Additional historical information is provided in the Original Management Plan. The ranching history of the Brush Creek Valley begins well before the railroads, ski resorts, and other developments in Eagle County. As noted in the Original Management Plan section on the DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 history of the Brush Creek Valley (page 4), the Property represents local ranching heritage and is a true relic of a time past in Eagle County. The most recent former landowners (Charlie Ridgway and Julie Tolbert -Ridgway) purchased the property in 1968 from a well known local rancher named Myron Stutterheim {previous owners included the Rule Family, whose son Dan raised a state champion heifer on the Property}. At that time, they purchased 480 acres on both sides of Brush Creek Road and over the years sold off parcels to other well known locals. Charlie Ridgway grew up in Newark, New Jersey and received a finance degree from Columbia University to prepare him for life as a stockbroker. When he bought the property on Brush Creek and became a cattle rancher, his more experienced neighbors often offered welcome advice. "I grew up the day I turned 28-years-old. I had just invested all of my life's savings in a ranch. I thought `What do I do?"'- Charlie Ridgway 3/3/2021. During the 1970s and early 1980s, the Ridgways raised roughly 220 head of Hereford cattle ❑n the Property and on National Forest leases ❑n Castle Peak, north of the Town ❑f Eagle. During a drought in the 1980s, they made the decision to remove cows from the Property and moved towards a haying operation while leasing portions of the property to the owners of Beaver Creek Stables for horse pasturing. The current healthy land condition of the Property is due t❑ the Ridgways' stewardship as well as their decision t❑ remove cattle from the Property while managing the pasture for low -intensity horse pasture and haying. Market crops were generally not grown on the Property, although there is evidence that potato farming in the Brush Creek Valley sustained many families throughout the Great Depression. Weeds have long been an issue due to the ditches carrying seeds throughout the Property. Water has always been a limiting factor for agricultural production, and dry years on Brush Creek have created issues for ranchers for generations. The cabin on the Property was constructed in 1949 by Larry Rule, although County records show it was constructed in 1955, likely reflecting the casual record keeping at the time. Additionally, the Rule family constructed a two-story house ❑n the western side of Brush Creek Road in a grove of trees; however, it was demolished in the mid 1970's because the Ridgways did not need an additional residence on the Property. The Property is a classic example of the agricultural heritage of the Brush Creek Valley and the Rocky Mountain west, representing the hard work, trials and tribulations ❑f the agricultural livelihoods forged by generations of Eagle County residents. DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Existing Conditions Location and Description The Property encompasses approximately 131 acres of land within the Brush Creek Valley, about 1.5 miles south of the Town of Eagle. Both Salt Creek and Brush Creek flow into the southern border, join, and flow approximately 1 mile to the Property's northern border. The Property is surrounded on the north, south and west sides by the BCVROS. Spanning a portion of the valley floor, the wetlands, creek, and irrigated hayfields embody the historic ranching and natural character of the Brush Creek Valley. Building Envelopes The Conservation Easement allows for two primary building areas on the Property, the "Ridgway Ranch Headquarters Building Area" and "Ridgway Recreation and Education Building Area". Surveyed legal descriptions for these areas can be found in Exhibits F-1 and F-2 of the Conservation Easement. Other possible future access areas are addressed under Management Recommendations and Implementation. • Ranch Headquarters Building Area -approximately 7.46 acres including multiple structures, roads, and yards ■ Property Recreation and Education Building Area -approximately 2 acres, no existing improvements Natural Resources The Property supports habitat types typical of Colorado's Western Slope mountain valleys. The following description of vegetation, habitat, and wildlife conditions on the Property is based on existing plans and studies and on field observations during this planning process. Vegetation Communities Centered between upland shrublands and Brush Creek Road, the valley floor is dominated by riparian communities, irrigated hay meadows, and pastures. A field investigation and ecological health assessment was performed by DHM Design in 2019. This assessment identified 15 ecological communities on the Property. The complete report from DHM Design can be found in the References page. 10 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 As documented in the 2020 baseline documentation report (Rare Earth Science, 2020), the primary vegetation communities are summarized as follows: • Irrigated meadow - The Property's irrigated lands consist of irrigated hay meadows primarily in smooth brome, and irrigated pastures in a variety of pasture cultivars and lesser amounts of clovers. • Riparian wetland complex - Robust riparian vegetation corridors are associated with Brush Creek and Salt Creek on the Property. Bath Brush Creek and Salt Creek meander in fairly broad, low -gradient floodplains, and support dense and fairly broad stands of native shrub willows. Brush Creek also supports scattered stands of narrowleaf cottonwood, with occasional hawthorn and silver buffaloberry. The broader floodplain area also has sub -irrigated graminoid wetlands and fens. • Upland shrublands - Some unfarmed upland shrub areas exist adjacent to the riparian corridor or irrigation ditches. These areas are occupied by sagebrush, rabbitbrush, and non-native herbaceous plants. Vegetation communities generally correspond to dominant soil types, which include gravelly Ioams typical of the valley floor. Soils are described in detail in the baseline documentation report (Rare Earth Science, 2020). Significant Plant Communities The most significant plant communities for long-term conservation and management include riparian habitat, wetland areas, and pasture. The relatively high groundwater, often at or near the surface, contributes to the riparian and wetland characteristics found at the Property. Riparian Habitat The riparian corridors of the Property contain a variety of wetland vegetation that supports a broad range of wildlife species including migratory songbirds, nesting raptors, amphibians, small mammals, and aquatic organisms including fish. Larger mammals, including mule deer, elk, and broad -ranging carnivores, use these areas for food, water, cover, and movement corridors. Beaver activity supports wetlands and has created deep pools in and along Brush Creek providing unique habitat for fish, songbirds, and waterfowl. The Property's riparian zones are potential habitat for nearby species of concern such as the northern leopard frog and native cutthroat trout. 11 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Noxious Weeds While stewardship of the Property has maintained it in relatively good condition, the Property does contain some state -listed noxious weeds. The following identifies noxious weeds by state list type: • List A species — none have been identified on the Property • List B species — Canada thistle, musk thistle, spotted knapweed, plumeless thistle, hoary cress (aka whitetop), houndstongue, russian knapweed • List C species — downy brome (aka cheatgrass) Nearly all of the Hollingsworth Potter Ditch is lined with Russian knapweed at BCVROS and on the Property. Other species listed above, such as thistles, are found throughout the Property, unevenly distributed in pastures, hayfields, and wetlands. Similar weed concerns exist for the Love & White ditch throughout the Property, as it is lined with thistles. FIM51110— ME 01M. The Property supports habitat for a broad range of wildlife species that are typical of Western Slope mountain valleys. Wildlife habitats of primary conservation and management interest include riparian and wetland areas. As described in the baseline documentation report (Rare Earth Science, 2020) and site assessment (DHM Design, 2019), the Property provides habitat for a variety of birds, large mammals, small mammals, and other species. The Property's native woodlands, shrublands, irrigated meadows, and riparian corridors provide important, relatively -natural habitat and habitat linkages for wildlife in the area. These are briefly summarized below. • Birds - The Property is habitat to multiple species of birds including migratory songbirds, raptors, and waterbirds. Species observed include the great blue heron, golden eagle, magpie, red bellied woodpecker, barn swallow, read headed black bird, Swainson's thrush, sage thrush, house finch, Swainson's hawk, redtail hawk, mallard, Canada goose, and wild turkey. • Small Mammals - Small mammals such as coyote, red fox, bobcat, badger, striped skunk, raccoon, cottontail, black -tailed jackrabbit, porcupine, pocket gopher, squirrels, chipmunks, mice, voles, bats, and shrews are known or expected to inhabit or visit the Property and utilize its habitat types. Beavers are active in Brush Creek creating multiple dams and pools. 12 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 • Large Mammals - Even with relatively limited acreage, the Property hosts elk, mule deer, black bears, and mountain lions. These large mammals were often observed by the previous owner crossing through the Property to access Brush Creek. • Reptiles and Amphibians - Reptiles and amphibians anticipated to occur on the Property are Woodhouse's toad, western terrestrial garter snake, bull snake, sagebrush lizard, and plateau striped whiptail. Aquatic and Fisheries The {approximately 1 mile of Brush Creek on the Property was included in the DHM ecological assessment (DHM Design, 2019). The following is from a rapid assessment of the fisheries habitat. • Fish - Brush Creek through the Property supports trout fishery of state -stocked rainbow and brawn trout. According to Colorado Parks and WiIdIife's Northwest Regional Manager, the reach of Brush Creek on the Property would be an excellent site for reintroduction of native cutthroat trout, which were historically present in the watershed. • Overall the current fish habitat is considered high quality in comparison to surrounding reaches. • High quality habitat for macroinvertebrate species observed included Western Green drake and caddis. High quality riparian vegetation provides excellent habitat for terrestrial insects, high value sources for fish. • Assessed section of creek has relatively low gradient with minimal bank erosion. The approximately 6000' reach is dominated by riffle run habitat with Some pools and boulder pocket water distributed throughout. CPW Tracked Species Colorado Parks and Wildlife ("CPW") track wildlife species that are regionally important for hunting and overall conservation, including sensitive or seasonal activity areas. The Property contains activity areas mapped by CPW for bald eagle, great blue heron, wild turkey, elk, and mule deer (CPW). These identified species found on the Property are also detailed in the Original Management Plan in the "CPW Tracked Species" section an Page 13. Agricultural Resources Agriculture is one of the conservation values identified in the Conservation Easement. 13 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Most of the Property is managed as a working ranch and is used for hay production, livestock grazing, and pasturing of horses. Existing agricultural management conditions are described in the following sections. Ditches and Irrigation The approximately 60 acres of irrigated hay meadow is watered by flood irrigation, with lateral ditches maintained along the upper edges and on contours across the fields to spread the water. There are three ditches that supply irrigation water to the Property: the McKenzie ❑itch, the Hollingsworth Potter ❑itch, and the Hollingsworth Potter No. 2 Ditch. Approximate ditch alignments and the irrigated acreage can be seen on Figure 1 in Appendix Al. Information on Eagle County's objective for irrigation management and their subjectivity to the Brush Creek Watershed Management Plan can be found in the "Ditches and Irrigation" section on Page 15 of the Original Management Plan. Irrigation Condition and Management Considerations Prior to the acquisition of the Property, an assessment of the ditches and irrigation infrastructure during the irrigation season was performed by Spronk Water Engineers, Inc. Ditch inventories from the Eagle County Conservation District were also reviewed for the Love & White Ditch. Key findings and recommendations from these reviews are summarized as follows: Further examination of pastures and irrigation infrastructure by the United States ❑epartment of Agriculture Natural Resources Conservation Services ("NRCS") and Colorado State University ("CSU") Extension are scheduled for 2021 to inform goals and management actions. r Hollingsworth Potter Ditch flume installation near the headgate scheduled in 2021 to facilitate more accurate administration of water rights. ■ Some minor cleaning and grading would maximize operational utility. ■ All ditches require routine maintenance including clearing and grading, maintaining dams and headgates, and upkeep of management flumes. Ranch Infrastructure Agricultural infrastructure on the Property includes a ranch headquarters area, equipment, irrigation infrastructure, roads, and fences. These infrastructure items are summarized below and are described in greater detail in the baseline documentation report (Rare Earth Science, 2020). 14 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 r Ranch headquarters structures - These are located within the Ranch Headquarters Building Area. structures include a residence, a shop, a barn, sheds, granaries, and corrals. • Irrigation ditches - Three ditches, with associated infrastructure, serve the Property. • Roads - Tw❑ primary ranch roads provide access to most of the Property and may be maintained, repaired, improved, and replaced as needed in accordance with the requirements of the Conservation Easement. The main road also serves as the primary access for a neighboring residence on private property to the east. • Fences - There are thousands of feet of multi -strand barbed wire fencing along property boundaries and between pasture areas. Residence The residence is located within the Ranch Headquarters Building Envelope along Brush Creek Road, as shown in Figure 1. Work was done after the acquisition of the Property to maintain and improve the residence. This included replacing smoke and carbon monoxide detectors, electrical work, tree trimming, cabinet replacement (mold remediation), kitchen plumbing and painting, structural pylon support, and repairs to a major water leak from the Town of Eagle water line to the residence. Future work needed on the residence includes carpet replacement, water and moisture mitigation in the cellar, and eventual roof and septic tank replacement. Summary of Key Issues and Priorities —Agricultural Management • The Property provides opportunities to create a model for successful agricultural practices on public open space • Irrigated and other pastures are in generally good condition r Noxious weeds are generally minor except along irrigation ditches • Ditches are in relatively good condition but will require general maintenance • Dryland areas east of the irrigated hay meadows are in good condition and have not been grazed in recent years. Recreation and Access The Brush Creek Valley is host to multiple -use trail systems and public recreation sites. For context and further details ❑n regional recreation, reference page 24 of the Original Management Plan. Recreational Access on the Property As formerly private property, the Property has not traditionally been open to the public. Two -track dirt roads are the primary access throughout the site, and no formalized singletrack 15 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 trails exist. The Property only borders County owned BCVROS on three sides and private land ownership on the fourth side. Existing Recreational Access Adjacent to the Property The Property is in close proximity to regional trails or recreation corridors, as described in the Original Management Plan (page 24). Additionally, the main BCVROS parking area and Three Sisters Trail were built in 2020, bordering the north side of the Property. See Figure 2 in Appendix Al for details. Proximity to the existing BCVROS parking lot may allow for connection to existing two track roads on the Property. An alignment of the "Community Trail" contemplated in the Original Management Plan (connecting the Town of Eagle to Sylvan Lake State Park) may be considered in the future on the Property. Further study to understand impacts and suitability are needed for alignment of this trail at BCVROS and/or the Property. Hunting and Fishing Access Under prior ownership, private hunting was allowed on the Property. Brush Creek was traditionally fished throughout the Property. The fishing along Brush Creek through the Property is reported to be good due to the high quality riparian zones. Beaver activity and exclusionary fencing (for livestock) has helped to keep this section relatively ecologically intact. Summary of Key Issues and Priorities— Recreation and Access • The Property may provide opportunities for public fishing access • A public access easement provided by the adjacent landowner could provide seasonal hunting access to United States Department of Interior Bureau of Land Management ("BLM") lands • Existing BCVROS policy does not allow hunting except for "special hunts" in conjunction and cooperation with CPW, see page 47 of the Original Management Plan for details. Existing Plans and Policies Overviews of and links to the following plans and policies can be found in Appendix B of this Supplement. • 2001 Eagle Valley Regional Trails Plan • 2005 Eagle County Comprehensive Plan • 2010 Eagle Area Community Plan ■ 2014 Eagle Area Trails Plan • 2011 Brush Creek Watershed Management Plan ■ 2019 Brush Creek Valley Ranch and Open Space Management Plan 16 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 r 2020 Town of Eagle Strategic Plan r 2020 Town of Eagle Water Efficiency and Conservation Plan 17 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Management Recommendations This section establishes and documents Eagle County's proposed approach for managing land, resources, and public access on the Property. Management recommendations are based on existing conditions on the Property; identified management issues and opportunities; provisions of the Conservation Easement; public, stakeholder and partner input; and direction provided by the Eagle County oSAC and Eagle County Board of County Commissioners. A foundational management action has already occurred —the acquisition of the Property in 2020 protected the Property and its conservation values (public recreation, natural habitat, scenic quality, and agricultural heritage) from irreparable harm. Now, it is incumbent on Eagle County to proactively manage these resources to ensure their long-term stewardship. Management recommendations described below are intended to improve and maintain the Property's identified values. Management recommendations include both broad management philosophies and specific actions that are necessary to meet the vision and goals for the Property and to ensure proper long-term stewardship of its conservation values. Implementation of these actions may take place over time as funding and resources allow and at the discretion of Eagle County. Implementation priorities, and possible funding and partnership opportunities are described in the Implementation section. This Supplement is intended to be a guiding document for decision making and may be amended as management of the Property evolves. For example, wildlife closures may be extended or shortened from the dates set forth in this Supplement due to conditions then existing on the Property. Similarly and by way of example, in the event surveys, permits or other third -party approvals require a change to a proposed trail location, changes may be implemented in accordance with this Supplement and the Conservation Easement. Goals and Implementation The vision for the Property is found in the Introduction section. More specific goals for the management of the Property include the following: • Manage the Property to balance the conservation values of agriculture, relatively natural habitat, public education and recreation, and scenic enjoyment • Actively monitor, restore and improve the condition, integrity, and long-term stability of natural and managed vegetation communities 18 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 • Manage agricultural use to emphasize restoration goals and conservation values over production and revenue • Implement trail connections to support limited public uses and connectivity • Manage recreational access to minimize disturbance to agricultural operations and wildlife habitat ■ Maintain the quality and extent of riparian and shrubland habitats for wildlife ■ Coordinate ongoing management with partners, including the Town of Eagle, CPW, BLM, and neighboring landowners • Maintain flexibility to respond to unforeseen issues and adapt to changing conditions • Explore the feasibility of the Property t❑ host small scale agricultural production by local and/or disadvantaged farmers and producers Eagle County will work to document management actions on the Property each year and will share such information with EVLT and others as available and upon request. Management Actions The following sections describe management actions and programs identified during the management planning process. Many are specific actions, but some are more programmatic and general. Timing for actions are defined as follows: Term Description Ongoing Routine activity anticipated to occur every year Short-term Recommended within the first 5 years of implementation Long-term Recommended within the first 5 to 10 years of implementation The above action timeframes will apply to the Property once this Supplement is adopted and incorporated into the original Management Plan. Notwithstanding the time frames identified in the Original Management Plan, many of these actions may be implemented in the first few years, while others may take many years to accomplish or may not be accomplished as objectives evolve and the BCVROS Management Plan is amended. This Supplement is intended to provide guidance and is not intended to require action by Eagle County because the 19 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 implementation of this plan may occur over time, as funding and resources, including grants, are available, and on balance with other Eagle County government priorities. Habitat Management Weed Management Noxious weeds on the Property were primarily observed along irrigation ditches. A specific focus on irrigation infrastructure is essential to reduce the spread of weeds to other irrigated land. Weed management is an element of the overall management objective of restoring and improving the condition of the ranch in the first several years of implementation. Though the Property does not have the same noxious weed management challenges as BCVRDS, the same strategy and actions apply. These actions for BCVRDS and the Property can be found on page 36 of the Original Management Plan. Riparian Habitat Restoration The Property's riparian zones along Brush Creek and Salt Creek are in overall very good condition. Previous management of the stream corridor has resulted in excellent habitat for beavers, birds, fish, and other animals. Various riparian habitat improvements were explored in a recent study of Brush Creek through BCVRDS and the Property. These recommendations will be incorporated into future restoration plans for the Property and BCVRDS. The Property shares the same Habitat Restoration Actions as BCVRDS, which can be found on page 37 of the Original Management Plan. Wildlife Habitat Protection Ranging from the hay meadows to the riparian corridors and upper shrublands, the Property supports habitat for a variety of wildlife species. Wildlife habitat protection actions for the Property can be found on page 38 of the Original Management Plan. If additional sensitive species are identified at the Property, further study and management actions may be required. Riparian Wildlife Habitat Allow beaver activity in Brush Creek to persist, as it contributes to wildlife habitat diversity and watershed health. The ranch lessee and ditch managers may control beavers as needed to maintain water infrastructure. Use of non -lethal methods to "control" beaver activity is the primary method for Property and BCVRDS. Whenever possible, beavers should not be removed and alternative means of ditch and water management should be considered. 20 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Elk and Mule Deer Management Implementation of seasonal closures should be applied to trails and public access proposed at the site to match the surrounding dates of December 1 to June 30th. Depending on the conditions, development of trails, and opening dates for the parking lot, the Property's seasonal closure could be changed to December 1st to April 15th. All seasonal closures will be managed in consultation with CPW staff and will be subject to seasonal conditions, wildlife presence, and other conditions. Elk and other wildlife activity will be monitored by remote cameras and staff observation. Agricultural Management Overall Approach The Property consists of approximately 131 acres, 60 of which are irrigated hayfields, and 71 are non -irrigated pastures. The Property contains important water rights and a visible agricultural operation. Thoughtful management provides an opportunity to preserve and improve the Property through modern sustainable agricultural practices. As described in the Existing Conditions section, management issues and opportunities identified for agricultural management include the following: • Hollingsworth Potter Ditch flume installation near the headgate to facilitate more accurate administration of water rights. • Some minor cleaning and grading would maximize operational utility of ditches. ■ All ditches require routine maintenance including clearing and grading, maintaining dams and headgates, and upkeep of management flumes. • Noxious weed infestations on the Property are generally minor, except for areas lining irrigation ditches. • Hay meadows and riparian areas also provide important scenic values. An immediate and short-term priority for the Property is further examination of pastures and irrigation infrastructure to better determine existing conditions and inform future management actions. The priority for ditches and other infrastructure is to "fix what's broken" to support long-term stewardship. This approach will likely require adaptive management strategies; financial investment through grant funding, partners, and the County; and compatible terms and expectations from the lessee. Once short term priorities and goals are satisfied, it may be appropriate to consider more dramatic changes to ditches, infrastructure, and agricultural production goals. The following sections outline broad guidance and specific actions to address these 21 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 issues and opportunities, consistent with the management goals stated above and the Conservation values described in the Conservation Easement. Alternative Crop Production The Property's agricultural operations have been hay production and horse pasture for the last 30 years. The previous landowner had cows on the Property until the 1980s when weather conditions and the costs of running a cattle became burdensome. Previous landowners grew potatoes on the Property to subsist through the Great Depression. This plan does not preclude the production of alternative crops, but instead allows such use at the discretion of Eagle County and the agricultural lessee, who would be responsible for its implementation and marketability. Use or experimentation with alternative crop production would need to be compatible with overall restoration and stewardship goals, existing water rights, and annual operating plans for the ranch. Ditches and Irrigation The Property is flood irrigated with County -owned water rights off of three ditches. While there are some repairs required for the McKenzie Ditch, the Hollingsworth Potter and the Hollingsworth Potter No. 2 Ditch require only routine maintenance. Management actions for ditches and irrigation are as follows' Ditches and Irrigation Actions Ongoing • Exercise water rights on the Property to support sustainable agricultural use and restoration • Report annually to EVLT per the Conservation Easement Short -Terra • Repair ditches and ditch infrastructure, including: Hollingsworth Potter Ditch flume installation near the headgate Clean out Mckenzie Ditch laterals • All ditches — routine maintenance, including clearing and grading ditches and laterals, maintaining dams and headgates, and maintaining flumes ■ Coordinate with NRCS to identify infrastructure improvements that would improve distribution of water over hay meadows and pastures DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 tang -Term • Consider and evaluate improvements to efficiency of irrigation infrastructure, balanced against costs, maintaining wetlands and habitat, and other factors • Evaluate repairs to the McKenzie Ditch Vegetation and Grazing Management Irrigated and non -irrigated pastures are in generally good to fair condition. More robust baseline monitoring of vegetation condition, reduction of grazing, and other measures may be necessary to begin to restore the agricultural areas to a more stable and productive condition. (Note: vegetation condition assessments are based on the baseline documentation report and staff assessments compared t❑ normal conditions for similar agricultural acreages in the region). Management actions for vegetation and grazing are as follows: Vegetation and Grazing Management Actions Ongoing • Work with the ranch lessee to create annual operating plan • Monitor agricultural and climate conditions with lessee to ensure operation is sustainable under identified conservation goats Short -Term • Establish plots and methods/equipment to monitor vegetation and environmental conditions, production, and utilization o Work with CSU-Extension and NRCS to define locations and methodology * Conduct preliminary baseline monitoring • Control and reduce noxious weed infestations as identified under Weed Management in this Supplement • Install fencing to limit livestock grazing riparian areas and investigate if fencing is needed t❑ protect wetlands near {pastures west of Brush Creek • Identify long-term need to reseed irrigated hay meadows • Manage livestock grazing and use at a sustainable carrying capacity • Define the carrying capacity, in animal unit nionth and/or other measurable indicators (i.e. grass height) for the Property based on available pasture, vegetation condition, and objectives defined in the annual operating plan • Manage overall livestock numbers and/or intensity based on the defined carrying capacity and vegetation objectives • Limit livestock use on dryiand pastures, using grazing as a vegetation management and restoration tool 23 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 • Reduce the pasturing of horses on the Property to prevent resource damage and maintain grazing within a sustainable carrying capacity + ❑evelop an adaptive grazing system for livestock, based on vegetation conditions and objectives • Continue vegetation condition monitoring on an annual basis, and use data to inform annual ❑perating plans Long -Term • Continue noxious weed management as identified under Weed Management in this supplement • Continue ongoing monitoring of vegetation condition • Refine adaptive grazing system, based on vegetation conditions and objectives, and operational needs + Consider and evaluate opportunities to grow alternative crops, based on vegetation condition, water availability, market demand, and lessee preferences Ranch lnfra;tructure Infrastructure related to agricultural operations and management includes a residence, multiple structures, ditches, fences, and roads. Ditches are addressed above under Ditches and Irrigation. In general, most of these items are in working order but require ongoing maintenance or long-term improvements. The configuration and condition of fencing requires attention as the Property is incorporated into BCVROS. Management actions related to ranch infrastructure are as follows: Ranch Infrastructure Actions Ongoing • Work with the ranch lessee to ensure that ranch equipment is properly stored and maintained ■ Immediately address any health and safety issues that arise ❑n the Property Short -Term • Identify and complete necessary maintenance on the residence and shop • Secure structures before any public access to the area • Determine possible uses for residence and barn area Investigate condition of barn's condition and suitability for internal and public: use 24 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 o Establish approximate cost(s) for barn to meet building code standards ❑ Determine barn repair feasibility and future use o Continue or finish existing list of repairs to residence o Evaluate long-term maintenance costs and potential revenue for residence • install permanent cross -fencing to facilitate livestock exclusion and rotation • Emphasize areas where livestock should be excluded or separated from public use • Permanent fencing locations should be determined in consultation with the agricultural lessee ■ New fencing should be constructed using, to the extent practicable, wildlife -friendly materials and specifications ■ Install fencing to reduce livestock impacts on the Brush Creek riparian area Use both permanent and temporary fences to retain efficiency and adaptability Retain areas where animals can access water and cover, and cross over Monitor riparian vegetation both inside and outside of the fence exclosures • Remove unnecessary equipment and junk from the building envelope area Ranch Management Agricultural operations on the Property are currently managed under a separate lease agreement with the BCVROS lessee. The County intends to promptly develop an amended lease agreement with the existing BCVROS lessee to incorporate bath properties into the same lease. These objectives, Including an emphasis on vegetation restoration and the Introduction of public use to the Property, will require changes to the terms and expectations associated with leasing and management of the Property. Actions related to ranch management include the following: Ranch Management Actions Ongoing • Develop an annual operating plan with the lessee that incorporates the Property into the management of BCVROS • The annual operating plan and lease agreement are subject to the Conservation Easement ■ Work with the lessee to identify and address ongoing management issues ■ Monitor and evaluate vegetation condition, climate conditions, public interface, and ranch productivity + Modify annual operation plan to incorporate new information and respond to changing conditions 25 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Short -Term • Develop standards related to vegetation condition, grazing carrying capacity, and land available for grazing giving specific consideration to conservation of wetland areas west of Brush Creek • Establish responsibilities related to: Infrastructure improvements, including capital costs, r�}aintenance, and ownership at the termination of a lease Expectations related to public access use and interface with agricultural operations Long -Term + Consider and evaluate improvements to efficiency of irrigation infrastructure, balanced against costs, maintaining wetlands and habitat, and other factors Management of Recreation, Public Access, and Use Overall Approach The County recognizes the high level of public interest in accessing the Property for fishing, hiking, and scenic enjoyment. The Property is in close proximity to the extensive soft -surface trail networks on the BLM Special Recreation Management Area and Town of Eagle Open Space. The Original Management Plan identifies trailhead locations. The Land Use and Recreation Map (Figure 2 in Appendix Al) shows a possible future trail alignment on the Property, and its connection to the adjacent BCVROS and trails on Town of Eagle and BLM land. BCVROS's primary public access point (parking lot) constructed in 2020 is also shown in Figure 2. As described in the Existing Conditions section, management issues and opportunities identified for recreation management include the following- * The new and {proposed trail systems on the BLM Special Recreation Management Area and Town of Eagle Open Space (Figure 2) are in close proximity to the Property + Existing roads on the Property could support recreational access from the BCVROS parking lot and trail system + The Property provides opportunities to access adjacent BCVROS lands, as well as regional pass -through connections to BLM lands (Figure 2) + The Property has been traditionally fished by the owner and a private outfitter and the fishery quality is expected to be high, but has not been studied or confirmed • As is the case on BCVROS, commercial (outfitter) fishing on Brush Creek through the Property is prohibited 26 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Public Access and Recreation A public parking lot was established at BCVROS on Brush Creek (toad in the fall of 2020. This lot provides access to the newly constructed Three Sisters Trail connecting BLM and Town of Eagle Trails to Brush Creek Road for the first time. This parking (at and existing trail system is adjacent to the Property and will facilitate public access to the Property. The Property's Ranch Headquarters may serve as an access point for management and ranching operations, as well as limited access for programming or other activities. The Ranch Headquarters are not intended to serve as a public parking lot for recreational activities, unless expressly authorized by the Open Space Director. Dogs may or may not be allowed on some or all of the Property. If allowed, they will be restricted to trails and must be kept on leash. Additional trailheads and public parking lot(s) at the Property are not contemplated in this supplemental plan. As with BCVROS, areas under an agricultural lease are not open t❑ public access unless posted. ❑Cie to its location and proximity to BCVROS, the Property could potentially host a section of the "Community Trail" proposed in the ❑riginal Management Plan, Public Access Area/Trailhead Management Actions Ongoing • Implement and enforce winter wildlife closures • Maintain, repair, and improve existing two -track access and trails that may be constructed • Once public access is established, manage and monitor public fishing access for sustainability • Once public access is established, regulate and manage dog access to trails and facilities to minimize wildlife and agricultural interactions Short -Terra ■ Install informational and regulatory signage at all public access points • Identify necessary facilities to be located along trail(s) and the Ranch Headquarters including wildlife -proof trash receptacles, kiosks and other trail signage, and other items for educational or outreach activities • Identify grants and partners to assist with design, construction, and purchase of above facilities 27 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Long -Term ■ Evaluate recreational uses and capacity to inform public access management decisions I;.,II-. There are currently no recreational trails or public access at the Property. Two track roads provide access across the Property sand to BCVROS) for ranching operations. Public access identified during the management planning focuses primarily on fishing access along Brush Creek. Considerations to minimize disturbance to wetlands, irrigated hayfields, and pastures should be made during trail planning and construction. Certain recommended trail alignments may require easements or approvals from third parties. Trail alignments shown on Appendix Al Figures 2 & 3 are strictly conceptual, and will be adjusted or removed to protect natural resource and agricultural values of the Property. Soft Surface Trails: BCVROS is the only accessible public land from the Property. Connection to the existing trail system at BCVROS will provide access to nearby BLM and Town of Eagle trail systems. This Supplement recommends the use of an existing tw❑ track road for public access - Additional soft surface trails (sharing the same approximate alignment as the existing roads) may be considered if use conflicts arise with user groups, agricultural operations or ranch management. • Primary Access Trail - Connection from the established BCVROS Recreation and Education Area/Trailhead through the Property to the Salt Creek area of BCVROS. To complete this access, a bridge would need to be built over Salt Creek and/or Brush Creek depending ❑n final alignment (approx. T miles of trail). The primary short-term purpose of this trail is for fishing and hiking access. • Additional Creek Access Trail(s) - Short single track (36 inches or less) trails should be formalized for access to Brush Creek- These Brush Creels access trails should be kept to a minimum in an effort to minimize impacts along the riparian corridor. • Social Trails - Creation of social trails should be monitored and closed to minimize ecological disturbance and erosion. Soft surface trails are envisioned to be two to four feet in width, as is typical in the region. ❑ver time - with support from third -party funders, consultants, and volunteers - Eagle County will design, construct, and maintain trails and paths throughout the Property using industry best practices that minimize impacts and ensure sustainabllity. Per the Conservation Easement, the 28 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 trail tread of soft surface trails shall not exceed eight feet in width, unless dictated by existing conditions or as necessary to accommodate site or safety conditions. Trail corridors should be developed to provide quality visitor experiences while minimizing impacts on environmental resources and interference with agricultural Management. Community Trail: The Plan includes a potential route for a Community Trail along Brush Creek Road, connecting Eagle to the Salt Creek portion of the Property referred to as the "Connector Trail" in the Conservation Easement. Per the Conservation Easement, the trail tread shall not exceed 12 feet in width, unless necessary to accommodate special circumstances. The Town of Eagle has an easement along portions of this alignment from Town. This trail may be a natural or crusher fine surface trail that could be paved in the future. An alignment for this trail is contemplated in the Original Management Plan. The current proposed alignment in Figure 2 does not enter the Property. Any future proposed alignments should consider the suitability and impacts to the Property's wetland and riparian areas. Allowed Trail Uses: Trails on the Property will be intended for non -motorized uses only; hiking, biking, running, and equestrian use. Trails designated for fishing access are for foot access only. Per the Eagle County Open Space Rules and Regulations and BCVROS Management Plan, and to maintain consistent regulations with surrounding trail networks, the use of electric bicycles (e-bikes) on the Property is prohibited. Non -motorized winter use of trails, including snowshoeing, fat biking, and cross-country skiing, is allowed on trails that are otherwise open (and not subject to wildlife closures). Trail Management Actions Ongoing Implement and enforce wildlife closures s Once trails are constructed, maintenance, improvements, enforcement, and management • Once trails are constructed, maintenance and repairs to trails, gates, and other recreation facilities Short -Term ■ Prioritize and design trail alignments for access along Brush Creek ("Potential Foot Access", Appendix Al Figure 3) 29 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 o If selected as an viable option, use existing two track access road for foot access and consider phasing in bicycle and equestrian access if deemed suitable (not to degrade or impact two track road or tread] • Implement a phased approach to trail design and construction that is aligned with funding and required surveys, permits, and any legal requirements • lnstall signage to communicate designated uses and wildlife closures ► Develop specific designs and measures to separate the trail from agricultural operations • Seek funding and partnerships for trail construction Long -Term • Verify alignment of regional "Community Trail " at BCVROS during initial planning phase to inform impacts or alignment on the Property. Fishing Brush Creek provides opportunities for fishing at the Property. The ecology of this waterway is unique to the Brush Creek Valley, Maintaining the ecological health and integrity of Brush Creek and Salt Creek and its fisheries are management priorities. A careful approach is therefore needed as public access is introduced to the Property. All anglers are required to use single barbless hooks and all fish are to be released back into the creek after being caught. Commercial (outfitter) fishing is not permitted in Brush Creek throughout BCVROS per the Conservation Easement. Fishing Management Actions Ongoing • Once public use is established, ongoing enforcement and management of fishing access • Once public use is established, ongoing maintenance and repairs of signage, fencing and access points/trails • Evaluation of fishery Impacts from recreational uses Impacts from ranching operations Short -Term • Establish if fishing access regulations/restrictions are required to ensure natural 30 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 resource and fishery protection, and to elicit positive user experience • Install signage to identify fishing access and adjacent private property to prevent trespass • Install signage to identify and separate fishing activity from agriculture operations, riparian restoration, and habitat management areas • Seek funding and partnerships for fishing access improvements s Seek funding and partnerships for aquatic habitat and fishery improvements, in conjunction with riparian restoration efforts • Commercial fishing operations will not be allowed on the Property (consistent with BCVROS Management Plan's Fishing Management Actions, and Open Space Rules and Regulations) Hunting The Property's policy for hunting is consistent with policy for BCVROS. Hunting will not be allowed on the Property, except under special circumstances as identified by Eagle County Open Space in coordination with CPW. Special circumstances may include, but not be limited to, herd management and childrens or veterans hunts, No special hunts will occur on the Property {regardless of sizey, unless approved by Eagle County and the EVLT. The special hunts, if any, will not be counted as an Event as set forth in the Program Management section of this Supplement. Management actions and more information on Hunting at BCVROS can he found on page 47 of the Original Management Plan. A public access easement through private land was granted as part of the Property's acquisition. This access point can be seen on the Land Use and Recreation Map or Figure 2. If developed, the intention of the public access easement is to provide non -motorized public hunting access to BLM lands. Access and parking will solely be from the Trail Gulch parking area (Land Use and Recreation Map, Figure 2). Hunting Management Actions Ongoing • Work with CPW to evaluate special hunting opportunities on the Property, such as educational, childrens, or veterans, or as needed to manage herds • Allow non -motorized, pass -through hunting access to adjacent BLM lands via specified public access easement a Any public access that is permitted will be subject to the Open Space Rules and Regulations and posted signage 31 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Short -Term + Post signage instructing hunters to contact Eagle County Open Space or CPW for instructions Programming Management The County established guidelines for "Programming" in the ❑riginal Management Plan on page 48. These guidelines were updated in 2021 by the Program and Special Events Rule and the Commercial Activities Rule for Eagle County Open Space as detailed in the Open Space Rules and Regulations. The same policies, application, and approval for requests related to educational programming, special uses, events, and commercial use on all Open Space properties wilt apply to the Property. A desired focus on educational programming and opportunities has been expressed by partnering organizations during initial outreach efforts. Public comment during the BCVROS management planning process supported limiting the size and scope of events and activities at the site. Rules and Regulations The Property and BCVROS are subject to the Eagle County Open Space Rules and Regulations Resolution of 2421. Any exceptions to rules in the resolution are posted onsite or listed in this (and the BCVROS) Plan. Kiosks at BCVROS display these general rules: • Open from sunrise to sunset ■ No electronically powered bikes, motorized recreation, or motorized activities ■ Dogs must be on leash at all times, except where posted in the Salt Creek area of BCVROS r Hunting is prohibited, pass through access to BLM lands on designated trails is allowed • No camping or overnight parking • Fires and fireworks are prohibited • Discharge of weapons is prohibited • No drone use • Stay on marked trails, no access to agricultural lease area + Removal of plants, animals, rocks, antlers, horns, or fungi is prohibited 32 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Implementation The adopted Supplement will be implemented at the sole discretion of Eagle County, as timing and resources allow. Implementation Priorities Based on a current understanding of management issues and opportunities, the following actions have been identified as near -term priorities for implementation within the first 2 to 3 years as resources allow. This list will be further evaluated and revised by technical advisors, Eagle County staff, and Eagle County OSAC on an ongoing basics, and will include a consideration of funding partnerships and grant opportunities for actions that require capital or other expenditures. Priority Implementation Actions Blue = Staff actions Purple = Staff actions with associated costs Red = Capital expense Resource Management 1. Monitor and map weed infestations annually Z. Document weed management strategies 3. Aggressively control weed infestations 4. Improve fencing to exclude livestock from Brush Creek riparian areas 5. Establish vegetation monitoring program 6. Implement wildlife closures on applicable trails Agricultural Management 1. Incorporate the Property into BCVROS agricultural management lease, including an annual operating plan 2. Conduct routine maintenance to all ditches 3. Implement high -priority repairs to ditch infrastructure 4. Determine suitability and management of small scale agricultural opportunities at the Property's Ranch Headquarters 33 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Public Access and Recreation 1. Install regulatory and informational signage at public access points) 2. Establish public access policy for fishing Brush Creek and Salt Creek 3. Regulate and manage dog access to trails and facilities 4. Design and construct trail access across Property (Potential Foot Access Trail on Figure 3) and trail connection(s) for fishing access Ranch Infrastructure 1. Complete repairs to residence and assess condition of barn repair costs to inform potential use In light of the identified projects and work to be completed, it is recognized that partners and external funding sources will be necessary to fully implement this Plan. The Plan is intended to be a guiding document, and priorities may shift based on the following: • Available funding and opportunities, which may include: o G rants u Partnerships Other funding sources ■ Permit requirements (e.g. environmental permitting, land use requirements) • Legal implications (e.g. third -party easements and agreements) • Staff resources It should be noted that some actions will take a number of years to implement or may never occur as a result of modifications to the Plan, changing conditions, or other factors. 34 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 References DHM ❑esign, 2019. Eagle County Open Space Ecological Site Analysis - Ridgway Parcel. Prepared for Eagle County Open Space. July 10, 2019. Rare Earth Science, LLC. 2020. Baseline Documentation Report. Ridgway West Parcel Conservation Easement, Eagle County, Colorado. Prepared for Eagle County ❑pen Space. June 22, 2020. Eagle County Conservation District (ECCD)a. 2016. Irrigation Asset Inventory. Ditch Owner's Summary Report: Love and White Ditch. Prepared by SGM. March 2021. ❑arren, Chacon & Brian Wodrich. ❑istrict Wildlife Managers, Colorado Parks and Wildlife. Personal communication with Open Space Staff, March 2021. Colorado Parks and Wildlife (CPW). 2021. Species Area Mapping. GIS Data. 35 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Appendix A: Maps Figure 1: Ranch Infrastructure Map Figure 2: Land Use and Recreation Map Figure 3: Property Access Map 36 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Figure 1. Ranch Infrastructure Map } f.. BLM f Barn ..Shop h Lflhirl�'•' BLMTI —I Wvpwmmmmmgw rn Am I . �l.. yr. ir: •. �(-ii ��_.. ,_ �dTl�Y`:.YY�Y; �k�••G7 • � LLL���YYY �+ti.� � -� , BCVROS BuildingLOCatlon Subject Property Private Property Diversion Structure Leasad Area ^ro n h a Id i n g Brush CreekValley Ranch Ditch and Open Space Parcel Irrigated Field Bureau of Land Management 37 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Figure 2. Land Use and Recreation Map r _ - . �-,...-�y Y I 1 . s •� f e PAO a rar Oak Open Space Inholding Existing Soft Surface Trail Brush Creek Valley Ranch and Landuse and Pole n li a I Foot ACCeSS BruSh Creek Valley Ranch Recreation Future Community Trail - and Open Space Precise Location :. Town of Eagle Boundary 38 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Figure 3. Property Access Map Ei ';rcti BLM t BLM f� • t i .r�. DFr.+f';- - •r Hordsc, Ie•Rd..-.- :, k•. f 14, IL BC. v`ROS Existing soft surfam path x PDWnpal Fcot Bricgc — Potential Foot Access _ Private Property c n h o l d i n g — G isring Paved Path Brush Creek Valley Ranchand Open Space Access Map F—� Suhjeof Property Bureau of Land Management 39 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Appendix B: Existing Plans ■ 2019 Brush Creek Valley Ranch and Open Space Management Plan ■ 2011 Brush Creek Watershed Management Plan ■ 2021 Eagle County Comprehensive Plan s 2010 Eagle Area Community Plan * 2001 Eagle Valley Regiarlaf_Trails Plan * 2014 Eagle Area Trails Plan ■ 2020 Town of Eagle Strategic Plan ■ 2020 Town of Eagle Water Efficiency and Conservation Plan 40 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Appendix C: First Amendment to Deed of Conservation Easement, Brush Creek Valley Ranch and Open Space, formerly Hardscrabble Ranch 41 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 EXHIBIT D-1 DEPICTION OF THE PROPERTY AND LEASED AREA DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 P. F2 Brush Creek Valley Ranch and Open Space ®Current Lease Area 898 AC +/- ®Possible Future Lease Area 205 AC +/- Brush Creek Valley Ranch and Open Space Headquarters Recreation & Education Area Stream a s U a l `It,C-k Rd Brush Creek Valley Ranch and Open Space _m.„n VnYdneB„ M es' 868 te�t Lease Area Map a� subject to c ange. Implementation Cation ry Map may to subject to change. Implementation is subject to funding, satisfaction of permits 8 other legal requirements. DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 EXHIBIT F-1 WEED MANAGEMENT PLAN 12 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 EAGLE COU NTN Weed Management Plan For Brush Creek Valley Ranch and Open Space 2020-2025 13 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Prepared by: Vegetation Management, Open Space, CSU Extension Created: March 2020 Updated: April 2020 Table of Contents Introduction Site Description Weed Description and Scope Goals and Objectives Weed Inventory and Management Methods Weed Action Plan Early Detection, Rapid Response Timeline of Activities Special Projects Community Outreach and Education Events Appendices Baseline Weed Map (2017) Weed Survey Tables Weed Survey Maps Weed Treatment Maps Community Outreach and Events Special Projects 14 15 15 15 16 18 22 22 22 23 23 23 24 24 24 24 24 24 24 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 I. Introduction A. Site Description The Brush Creek Valley Ranch and Open Space (BCVROS) property is about 1,540 acres of land within the Brush Creek valley located about 1 mile southeast of Eagle, Colorado. The property includes irrigated hay meadows, non -irrigated grass rangelands, sagebrush shrublands, woodlands, and close to 2.5 miles of riparian corridor along the Brush Creek. B. Weed Description and Scope The term "weeds" is inclusive of both non-native and native species and will generally be defined as "noxious weeds" as described in the Colorado Noxious Weed Act, C.R.S. § 35-5.5-103. Species considered weeds at BCVROS are those that are toxic or poisonous to livestock or wildlife in addition to those being invasive and able to move into and dominate or disrupt the biodiversity of natural or agricultural plant communities. Additional plant species may be considered weeds that are hazardous or a nuisance to recreational users within designated recreational areas. Data collection of weeds species is paramount to achieving our management goals and objectives. Weed species data collected will include: common and scientific name(s), mapping locations found, status (both state & county), distribution details (density, gross acres, infested acres, or canopy cover), detriments to livestock and wildlife, management methods and techniques, photo points, and other information as needed. The scope of this management plan is to guide decisions and actions related to the weed problems at BCVROS. All weed species information and suggested control methods are detailed in section I (D) titled "Weed Inventory Descriptions" and specific weed location data are detailed in the Appendix section B. 15 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 C.Goals and Objectives 1. Goal: Scout for weeds early and often. a) Objective: Scout for weeds in the spring (mid -April to May) each year. b) Objective: Scout for weeds in the summer (June to July) each year. c) Objective: Scout for weeds in the fall (Sept. to Oct.) each year. 2. Goal: Maximize herbicide activity for all herbicide applications. a) Objective: Follow herbicide label directions for all herbicide applications and treatments: (1) Use recommended adjuvants at or above recommended rates. (2) Apply at the recommended plant growth stage and timings. (3) Use multiple modes of action and/or site of action herbicide mixes. 3. Goal: Suppress or eliminate the spread of weeds. a) Objective: Chemical treatment methods will occur in the spring and summer prior to flowering and/or seed development, or immediately after weed germination in the fall. b) Objective: Other treatment methods will occur throughout the growing season which includes: (1) Mowing/Cutting before weeds flower and/or seed develops. (2) Hand -pulling all weed plant material into trash bags for disposal. (3) Overseeding with native plants in weed infestation areas. (4) Grazing livestock to encourage grass growth and productivity. 4. Goal: Evaluate management efforts for efficacy. 16 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 a) Objective: Review and evaluate management efforts at the end of the growing season from Sept. to Oct. b) Objective: Review and evaluate management efforts at the beginning of the growing season from April to May. 5. Goal: Utilize diverse methods of integrated weed management practices. a) Objective: Each year, and for each area where weeds have been identified, employ the use of control techniques from at least two of the following categories: biological, cultural, mechanic, and chemical. (1) See section I (D) for recommended control techniques for each weed species. 6. Goal: Incorporate the community through outreach and education events. a) Objective: Organize and/or host at least one event each year 17 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 D. Weed Inventory and Management Methods The purpose of this section is to outline management methods and techniques for weed species found at BCVROS. The keys to managing the land at BCVROS can be stated simply with the following 5 points: Limit Disturbance Cover the Soil Increase Diversity Incorporate Animals Keep a Live Root Growing All the Time 1. Canada Thistle, Cirsium arvense Biological control: Rust fungus (Puccinia punctiformis) Cultural control: Neither grazing nor prescribed burning is effective. Mechanical control: Mow paired with other methods. Tillage and cultivation not recommended. Chemical control: 2,4-D (1.9 lb a.e./A); Aminopyralid (1.75 oz a.e./A); Chlorsulfuron (0.75-1 oz a.i./A); Dicamba (2 lb a.e./A); Glyphosate (2% v/v solution) 2. Hoary Cress, Cardaria draba Notes: Toxic to cattle. Biological control: None for any Cardaria species. Cultural control: Do not overgraze. Graze with sheep or goats. Burning is not recommended. Mechanical control: Hand -pulling not recommended. Mow paired with other methods. 18 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Chemical control: 2,4-D (1.9 to 2.85 lb a.e./A); Aminopyralid + metsulfuron (3.3oz/A); Chlorsulfuron (0.75 oz a.i./A); Dicamba (0.5 lb a.e./A); Glyphosate (2% v/v solution) 3. Musk Thistle, Carduus nutans Biological control: Musk Thistle Rosette Weevil or Crown Weevil (Trichosirocalus horridus). Cultural control: Do not overgraze. Graze goats for flowerheads. Graze sheeps for rosettes. Keep the ground covered. Minimize disturbance and revegetate with competitive native species. Mechanical control: Mowing, cutting, digging, pulling are all effective. Cut 2-4 inches below ground level. Mow after bolting and prior to flowering. Chemical control: 2,4-D (0.5-1.9 lb a.e./A); Aminopyralid (1-1.25 oz a.e./A); Chlorsulfuron (0.75-1.95 oz a.i./A); Dicamba (0.25-1 lb a.e./A); Glyphosate (2% v/v solution); Triclopyr (1-2 lb a.e./A) 4. Plumeless Thistle, Carduus aconthoides Biological control: None available. Cultural control: Do not overgraze. Graze goats for flowerheads. Graze sheeps for rosettes. Keep the ground covered. Minimize disturbance and revegetate with competitive native species. Mechanical control: Mowing, cutting, digging, pulling are all effective. Cut 2-4 inches below ground level. Mow after bolting and prior to flowering. 19 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Chemical control: 2,4-D (0.5-1.9 lb a.e./A); Aminopyralid (1-1.25 oz a.e./A); Chlorsulfuron (0.75-1.95 oz a.i./A); Dicamba (0.25-1 lb a.e./A); Glyphosate (2% v/v solution); Triclopyr (1-2 lb a.e./A) 20 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 5. Russian Knapweed, Acroptilon repens Notes: Toxic to horses. Biological control: Gall Wasp (Aulacidea acroptilonica), Gall Midge aaapiella ivannikovi) Cultural control: Do not overgraze. Keep the ground covered. Plant sod -forming grasses or vegetation with dense shade. Burning paired with other methods. Mechanical control: Mowing at or before bolting is only effective when partnered with other methods of control. Tilling and disking is not recommended. Chemical control: Aminopyralid (0.75-1.75 oz a.e./A); Clorpyralid (4-8 oz a.e./A); Chlorsulfuron (0.75-1.95 oz a.i./A); Glyphosate (2% v/v solution); Metsulfuron (0.6-1.2 oz a.i./A) 6. Russian Olive, Elaeagnus angustifolia Notes: Can resprout from any root fragments. Known to associate with nitrogen -fixing bacteria. Biological control: None available. Cultural control: Burning must be paired with other methods. Plant native species. Mechanical control: Manually remove seedlings/saplings with roots before they mature. Larger trees can be pulled out with heavy equipment (see notes above about resprouting). Cut trees before fruit matures and either burn or apply cut -stump herbicide treatment. 21 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Chemical control: Basal Bark: Triclopyr (20% v/v solution) Cut Stump: Glyphosate (undiluted or 50% v/v solution); Triclopyr (undiluted or 50% v/v solution) II. Weed Action Plan A. Early Detection, Rapid Response Eagle County follows the philosophy of Early Detection, Rapid Response (EDRR). Early detection involves the quick identification and documentation of weed species in an area. Rapid response involves an immediate effort of outreach, prevention, or management methods to eradicate the weed infestation and avoid (re)introduction. A critical component of an integrated weed management strategy and one of the most cost- effective and ecologically viable methods for managing weeds is to detect them early and respond rapidly. Weeds will likely continue to be introduced and/or persist in BCVROS and surrounding plant communities. In order to prevent the further spread of existing weeds into uninfested areas, and to manage the likely introduction of new species, it will be important to regularly monitor the site for new invasions and make permanent practice of the EDRR approach. B. Timeline of Activities Season Months Activities • Review and evaluate management efficacy. • Scout for weeds, mapping, and data collection. Spring April to June Community outreach event(s). • Treatments for weed rosettes (winter annuals, short-lived perennials). • Scout for weeds, mapping, and data collection. Summer June to Sept. • Community outreach event(s). • Treatment for weeds. • Review and evaluate management efficacy. Fall Sept. to Nov. • Scout for weeds, mapping, and data collection. • Community outreach event(s). 22 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Treatment for weed rosettes (winter annuals, short-lived perennials). Review and update management plan. Winter Nov. to April e Review community outreach events held and start planning for next year. • Organize reports, maps and documents. C. Special Projects Special projects can be a great opportunity for the inclusion of the community and for creating partnerships in order to showcase efficacy of management methods or techniques. Details about any special projects can be found in the Appendix section F. III. Community Outreach and Education An important part of this management plan is community outreach and education. Most weed species can be eradicated before they become established if detected early on. It is imperative that the public is able to identify weed species in addition to the necessity of responding rapidly to weed infestations. Both local events, volunteer utilization, and any related communication about them will be required for achieving these goals. A. Events Events will be orchestrated and directed through the Open Space department. Details for past and future events can be found in the Appendix section E. 23 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 IV. Appendices A. Baseline Weed Map (2017) B. Weed Survey Tables C. Weed Survey Maps D. Weed Treatment Maps E. Community Outreach and Events F. Special Projects 24 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Appendix A: Baseline Weed Map (2017 $rush Creek Valley Ranch and Open Spare Nnxiaus Weed Identified in 2017 Stream 5 P amParceel S Sal[ L'•rek Rc i Figure 4A Brush Creek Valley Ranch and Open Space 2017 Baseline Noxious Weed Map DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Appendix B: Weed Survey Tables 2019 Common Name County Status Infested Area Canopy Cover Trace (<1 %), Low (1-5%), Scientific Name (State Status) Moderate (6-25%), High (>25%) Canada Thistle List B (List B) 0.25 acres Moderate Cirsium arvense Suppress Hoary Cress List B (List B) 40+ acres High Cardaria draba Suppress Musk Thistle List B (List B) 3 acres Moderate Carduus nutans Eliminate Plumeless List B (List B) 0.25 acres Moderate Thistle Eliminate Carduus acanthoides Russian List B (List B) 25+ acres High Knapweed Suppress Acroptilon repens Russian Olive List B (List B) 250 sqft High Elaeagnus Eliminate angustifolia 2020 Common Name County Status Infested Area Canopy Cover Trace (<1 %), Low (1-5%), Scientific Name (State Status) Moderate (6-25%), High (>25%) Canada Thistle List B (List B) 0.25 acres Moderate Cirsium arvense Suppress Field Bindweed List C (List C) Trace Convolvulus Suppress arvensis Hoary Cress List B (List B) 40+ acres High Cardaria draba Suppress Musk Thistle List B (List B) 3 acres Moderate 26 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 Carduus nutans Eliminate Plumeless List B (List B) 0.25 acres Moderate Thistle Eliminate Carduus acanthoides Russian List B (List B) 25+ acres High Knapweed Suppress Acroptilon repens Russian Olive List B (List B) 250 sgft High Elaeagnus Eliminate angustifolia PUP4 Common Name Scientific Name County Status (State Status) Infested Area Canopy Cover Trace (<1 %), Low (1-5%), Moderate (6-25%), High (>25%) 2022 Common Name Scientific Name County Status (State Status) Infested Area Canopy Cover Trace (<1 %), Low (1-5%), Moderate (6-25%), High (>25%) 27 Legend 2019 Weed Mapping fit.. i, YA � l Xi 30 art, � Google Earth 92020 Google 2000 i r F- 2019 Weed Mapping ... Legend Noxious Weeds Identfied Aw � •r � J� 6,.• r . AAK 4.1 •. Jyp _ � 4 y Ear atOn Ln .. �_va 3000 ft w,�aG�ie 71�F .is„ `�. y. j 1�l DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 EXHIBIT I-1 EQUIPMENT 1. John Deere — Round Bailer 2. Lincoln Arc Welder Trailer 3. 300 GM Kuhn rake 4. 2011 John Deere 956 Mower 5. V-Ditcher 6. John Deere 2640 Tractor 7. Tiger Line Car Hauler Trailer 8. John Deere 4255 Tractor and Rhino Rear blade 9. Tiger Line Car Hauler Trailer 10. John Deere 4255 Tractor and Rhino Rear blade 11. John Deere 4320 12. Dause post hole auger 13. JD brush hog 14. 12' drag harrow 15. Black frame utility trailer 30 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 EXHIBIT K ANNUAL OPERATING PLAN Remaining Initial Term The purpose of this Plan is to establish specific management goals, expectations, and procedures for the period between December 1, 2021 and May 15, 2023. Capitalized terms in this Annual Operating Plan will have the same meanings as in the Lease Agreement, First Amendment and Second Amendment (collectively, "Agreement"). To the extent the terms and provisions of this Annual Operating Plan conflict with the Agreement, the Agreement will control. Livestock Grazing: The Property will be used for grazing cattle and horses during the Initial Term. During the Initial Term, and in an effort to reestablish healthy vegetation on the Property, the maximum number of AUM permitted on the Property is 130. A grazing plan is not required at this time, but Tenant shall monitor range health and shall rotate cattle and horses as appropriate to ensure that over- grazing does not occur and that range health is a priority. Tenant may also be asked to move cattle to accommodate riparian and stream restoration efforts on Brush Creek. It is expected that Tenant will feed horses with supplemental feed during those months that horses are on the Property to ensure range health. In the event the Property is being negatively affected by horse grazing, as determined by County in its sole discretion, then County may require additional supplemental feed or prohibit horses from being on the Property in future years. The Parties agree to speak each fall to discuss then existing range health, plans for grazing and appropriate number of AMU for the pending grazing season recognizing that range health is a priority for County. Cattle and horses will be on the Property only during the following months: October through May, except 1) when the Eagle County Fair and Rodeo is taking place (usually late July); 2) a maximum of five work horses may remain on the Property year-round; and 3) as outlined in Section 13 below. During the remaining months Landlord shall utilize other properties or grazing leases to manage its cattle operation.. From time to time, Tenant may move cattle from one part of the Property to another. In the event that such movement will affect any of the public trails or amenities which currently exist or which may be developed by Landlord in the future, Tenant will provide Landlord with at least two (2) day's advance notice so that Landlord may alert the public of the temporary closure. Tenant will make reasonable efforts to limit the number and duration of such closures. In an emergency, including but not limited to the unpredictable nature of livestock, the Tenant may need to close off or affect movement on or around public trail(s) or amenities. Tenant will notify Landlord immediately after controlling the situation as to the facts arising to the emergency and the actions taken by Tenant. 31 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 2. Monitoring: Tenant shall take a proactive approach toward the range health and water quality on the Property. Landlord desires to restore degraded and agricultural areas to a more stable and productive condition. In an effort to determine how management practices and Tenant's operation are affecting the Property, County shall establish plots and methods to monitor vegetation with assistance from Tenant and CSU in establishing baseline monitoring for the Property. No later than May 1, 2022 the Parties shall together identify monitoring plots. The Parties shall utilize Land PKS for monitoring and the Parties shall share data with each other upon request. The Parties shall measure vegetation in each monitoring plot on or about May 1, 2022, August 1, 2022 and October 1, 2022. If vegetation is not a satisfactory height as determined by County in consultation with appropriate CSU- Extension staff and/or a third party consultant then grazing in that pasture shall be restricted to allow vegetation to be reestablished. The Parties shall monitor production on an annual basis and shall adjust management practices as needed. 3. Hay Production: The Tenant is responsible for tending, irrigating, cutting, baling, storing, and selling the crops. Tenant may not cut willows or wetland vegetation to expand hay cultivation unless approved by the Landlord. Tenant shall provide production information to Landlord upon request and shall adjust management practices as needed to ensure reasonable hay production. 4. Fertilizer Application: The Tenant is allowed, but not required, to apply fertilizers as approved by Landlord and recommended by the CSU-Extension and in accordance with the Water Quality and Management Plan and Brush Creek Watershed Management Plan, as applicable. The cost of purchasing and applying fertilizer is borne by the Tenant. 5. Weed Control: See Weed Management Plan Exhibit F-1 to Agreement. Tenant and Landlord will continue to collaborate on seeding projects to establish native grasses on the Property and improve winter forage for deer and elk. 6. Ditches: Tenant will maintain ditches and employ irrigation practices to ensure high efficiency water use in accordance with the Brush Creek Watershed Management Plan. Tenant will manage Landlord's Water Rights on the Property and related infrastructure as set forth in the Agreement. Tenant will work to perform necessary repairs at diversion points, along ditches, at headgates, and to limit erosion. Implementation of irrigation infrastructure (i.e. side rolls and the like) shall only occur with permission from Landlord to be granted in Landlord's sole discretion. Tenant will promptly make Landlord aware of any problems or damage to ditches. The Parties agree that the following capital ditch work and maintenance work shall occur in the remainder of the Initial Term, subject to Landlord budgeting and appropriating funds for the capital work: Continuation of ditch piping on the Hardscrabble Road/south side of BCVROS along Adam's Way Trail; install gated pipe on the Wilkinson Ditch/north side of Brush Creek Road; address erosion 32 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 caused by gophers along the Love White Ditch along the top of the mesa; discuss repairs with Landlord to Salt Creek and McKenzie Ditches to protect water rights; and other such other repairs as mutually agreed to by the Parties. 7. Fencing: Landlord and Tenant will continue to work together to mutually prioritize fencing projects for the remainder of the Initial Term. 8. Emblements: Tenant does not anticipate changes to crops that will be grown on the Property in the remainder of the Initial Term. In the event Tenant plans to plow under portions of the Property, it must obtain advance approval from Landlord. 9. Ranch Headquarters, House, Structures and Property: Landlord and Tenant will mutually agree on projects related to the Ranch Headquarters, House, Structures and as may be otherwise identified for the Property. 10. Subleasing: Tenant may enter into subleases in the remainder of the Initial Term so long as such leases comply with the terms of this Annual Operating Plan and the Agreement. 11. Riparian: Respect riparian areas, water quality, and a healthy ecosystem. a. Allow beaver activity in Salt Creek to persist, to the extent possible. b. Allow ranch manager to manage beavers along brush creek to maintain water infrastructure on the Property. Tenant to keep County informed. c. Keep cattle to specific areas so as to assist with the riparian restoration. At the request of the County, this may include moving cattle frequently and/or using electric fence to keep cattle excluded from stream banks and riparian areas. d. County may also, in its sole discretion, engage a third -party consultant to monitor riparian health along Brush Creek, and based on the consultant's recommendations, may require removal of cattle from sensitive areas. 12. Wildlife: No harassing wildlife. Continue discussions with Landlord and CPW staff to effectively manage elk herd numbers on the Property, particularly during the growing season. 13. Emergency circumstances. In the event there are emergency circumstances, which shall be determined on a case by case basis in Landlord's sole discretion, the following is agreed upon by Landlord and Tenant: a. 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. b. The total number of AUM on the Property may be temporarily modified to a higher AUM 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. c. 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 33 DocuSign Envelope ID: 885106B5-2ABE-4809-B5D5-13C45BD7CF55 develop additional contingency plans and a timeline for removing any animals from the Property in excess of the total AUM 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. 34