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Home My WebLink AboutC22-166 IGA_CO Parks and Wildlife_Brush Creek Ranch and Open Space INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND COLORADO PARKS AND WILDLIFE REGARDING THE BRUSH CREEK VALLEY RANCH AND OPEN SPACE THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made ________________ by and between Eagle County, Colorado, a body corporate and politic, whose address is 500 Broadway, Eagle, Colorado 81631 (the “County”) and Colorado Parks and Wildlife, whose address is 0088 Wildlife Way, Glenwood Springs, CO 81601 (“CPW”). RECITALS WHEREAS, the County is the owner of the Brush Creek Valley Ranch and Open Space, located at 5348 Brush Creek Road, Eagle, Colorado (the “Property”); and WHEREAS, the Property contains a historical cabin commonly referred to as the Ridgway Cabin; and WHEREAS, County desires for CPW to provide services for the Property as set forth below; and WHEREAS, in exchange for the services set forth below, the County is willing to allow CPW’s Wildlife Manager residential use of the Ridgway Cabin, parking on the Property as set forth below, and use of a pasture to be identified on the Property; and WHEREAS, the County and CPW have enjoyed a collaborative relationship and governmental agencies are authorized to enter into intergovernmental agreements pursuant to, inter alia, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, the County and CPW wish to memorialize their agreement for management, maintenance, and use of the Property and the Ridgway Cabin. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lease of the Property . The County hereby leases for zero sum rent the Ridgway Cabin and CPW Use Area consisting of 4.71 acres depicted on Exhibit A (the “CPW Use Area”) to CPW until and including ___________________, 2032. Exhibit A is incorporated herein by this reference. The County further shall allow CPW to house CPW’s Wildlife Manager in the Ridgway Cabin and to park and store vehicles in the CPW Use Area. This lease additionally includes use of a pasture to be identified at a future date. The lease shall not include use of the barn or shop depicted on Exhibit A. DocuSign Envelope ID: 8C4A2507-E362-491F-A10E-C4D8726F644B 4/26/2022 April 26 2. Maintenance and Upgrades to the Ridgway Cabin . CPW will be allowed to upgrade or improve the Ridgway Cabin upon prior written consent of the County and shall perform all routine maintenance to maintain the Ridgway Cabin in habitable condition at CPW’s sole expense. Any alterations, improvement, or repairs to the Ridgway Cabin shall be made in a satisfactory and workmanlike manner. CPW shall not permit any lien or other encumbrance to be filed against the Ridgway Cabin, the CPW Use Area, or the Property in connection therewith, and shall indemnify the County against such liens and encumbrances. CPW shall repair any damage to the improvements on the Property during the terms of this Agreement. 3. Services . In exchange for lease of the area depicted in Exhibit A and use of the Ridgway Cabin and CPW Use Area, CPW will provide vegetation management on the Property, including the yard and driveway accessing the Ridgway Cabin and maintenance and replacement of sheds, pens, pastures, and fences on the Property. Additionally, CPW agrees to assist the County with road maintenance, maintenance of parking areas, signage, mowing, and snow removal within the multi-use hunting and fishing areas and access trails, trail heads, and parking areas on the Property as depicted in Exhibit B . Exhibit B is incorporated herein by this reference. CPW also agrees to potential participation with stream and riparian improvements on the Property and to explore potential partnerships related to hay storage and seeding to benefit wildlife. 4. Management of Public Access. Public access is allowed from the public parking lots identified in Exhibit B . The CPW Use Area identified in Exhibit A will not be used as a public access point unless approved in writing by Eagle County. 5. Annual Review . Eagle County Open Space and CPW will review this agreement annually to ensure the agreement continues to work for both parties. 6. Extension . This Agreement may be extended for four (4) additional ten year terms upon written agreement of the parties . 7. Storage of Hazardous Substances . CPW shall not place store or use on the Property substances that are hazardous, toxic dangerous, or harmful or which are defined as hazardous substances by the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 USC § 9601. 8. Trash and Refuse . CPW shall not dispose of trash, garbage, rubbish, or refuse on the Property. 9. Commercial Activity . CPW shall not permit any commercial activity on the Property. 10. Warranties and Acceptance of the Property . CPW represents and warrants that at all times in the performance of the Services, CPW shall comply with any and all applicable laws, codes, rules and regulations. CPW accepts the Property in its present condition and state of repair without any warranties or representations of any nature whatsoever by the County except as required by C.R.S. § 38-12-503. CPW hereby acknowledges that it has inspected the Property, DocuSign Envelope ID: 8C4A2507-E362-491F-A10E-C4D8726F644B and fixtures and that the same are in good condition and suitable for the use intended. CPW further acknowledges that repairs are needed to the Ridgway Cabin on the Property and that CPW will work to bring the Ridgway Cabin up to applicable building and fire codes. 11. Inspection of the Property . The County may at reasonable times and upon twenty-four (24) hours’ notice enter the Ridgway Cabin for purposes of inspection and repair. 12. Quiet Enjoyment . CPW shall have quiet enjoyment of the Property during the term hereof, provided however, that the County shall not be responsible for any disturbances caused to CPW as a result of actions not directly attributable to County. 13. Insurance . CPW agrees to maintain self-insurance or obtain insurance to cover the improvements on the Property against all losses at a value estimated to allow for the replacement of any damage or destroyed improvements. CPW further commits to maintain self-insurance or obtain insurance to protect the County against any loss due to injury or property damage suffered by any members of the public or guests or invitees present on the Property. The terms and quality of insurance coverage to be approved by the County before possession is taken of the Property. The County is not responsible for any damage to CPW's and/or its tenant’s personal property kept or stored on the Property. For that reason, CPW must maintain self-insurance or obtain insurance to protect its personal property. CPW is in breach of this Agreement if CPW fails to maintain personal property insurance. Any personal property left on or in the Property after CPW has vacated is considered abandoned. The County may dispose of this property in any manner without notice to CPW. 14. Assignment . CPW shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 15. Modification . This Agreement may be changed or modified only in writing by an agreement approved by the County and CPW and signed by authorized officers of each party. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 16. Severability . Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 17. Notice . Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the DocuSign Envelope ID: 8C4A2507-E362-491F-A10E-C4D8726F644B parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County Open Space Attention: Phil Kirkman 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8701 E-Mail: Philip.kirkman@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CPW: Matt Yamashita Colorado Parks and Wildlife 0088 Wildlife Way Glenwood Springs, CO 81601 matt.yamashita@state.co.us 18. Governmental Immunity . The parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq ., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 19. Budget Constraints on Governmental Entities . The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). The parties’ obligations under this Agreement are subject to each individual party’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall DocuSign Envelope ID: 8C4A2507-E362-491F-A10E-C4D8726F644B be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to pledge or create a lien on any class or source of either parties’ bonds or any obligations payable from any class or source of each individual party’s money. 20. Venue, Jurisdiction, and Applicable Law . Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed, interpreted under, and governed by the laws of the State of Colorado. 21. Independent Contractor . This Agreement constitutes an agreement for performance of the Services by CPW as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture, or any other relationship between County and CPW except that of independent contractor. CPW shall have no authority to bind County. 22. Delay . No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. 23. Conflict of Interest. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. CPW has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and CPW shall not employ any person having such known interests. 24. Termination . Either party may terminate this Agreement for cause, such as violation of the terms of this Agreement, and without penalty therefore with thirty (30) calendar days’ prior written notice to the other party. 25. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. DocuSign Envelope ID: 8C4A2507-E362-491F-A10E-C4D8726F644B COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board COLORADO PARKS AND WILDLIFE: By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: 8C4A2507-E362-491F-A10E-C4D8726F644B Area Wildlife Manager Matt Yamashita Exhibit A Map of CPW Use Area DocuSign Envelope ID: 8C4A2507-E362-491F-A10E-C4D8726F644B ^_ ^_ ^_ BLM Cabin Barn Shop Brush Creek Road Brush Creek Hardscrabble Rd Up p e r F r o stDitchEast Frost DitchLov e &WhiteDitch LoveFrostDitc h Hollin g s worth Po tterDit c h McKenz ie Ditch Ridgway Parc elCPW ProposedLease Area This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein. [0 280140Feet 1 inch = 400 feet Bureau of Land Management ^_Building Location Ditch Private PropertyPropose CPW Lease Area Ridgeway Parcel Agricultural Leased AreaEagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\RidgwayParcel_062519\MXD\BCVROS_2022_CPWLeaseMap_021022.mxd Date: 2/10/2022 11:32:45 AM Name: scott.flemingDocuSign Envelope ID: 8C4A2507-E362-491F-A10E-C4D8726F644B Exhibit B Map of Hunting and Fishing Access DocuSign Envelope ID: 8C4A2507-E362-491F-A10E-C4D8726F644B Brush Creek RdTown of EagleBrushCreek SaltCr eek!CHardscrabble Rd / USFS #413Salt Creek RdTown ofEagleOld Salt Creek Rd Salt Creek Trailhead BrushC r e ek Road Gulch (BLM #8410)BLM !l !l !l 3 Sisters Trail BLM!G# !l !l !l !"$ 3 Sisters Trail Closure Dec 1st - July 1st Town of Eagle TrailsClosure Dec 15 th - April 15th !j !j B r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c eCPW H u n t i n g & F i s h i n g A c c e s s Brush Creek Valley Ranchand Open Space This map was created by the Eagle C ounty GIS D epartment.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein. [0 1,000500 Feet Private Property. No Public Access Brush Creek Valley Ranch andOpen Space Agricultural Activity(No Public Access - Stay On Trail) Multi-use Fishing Access Trail Multi-use Hunting Access Trail Parking Area with Hunting& Fishing Access P a r k i n g L o t!j Tr a i l h e a d!C DocuSign Envelope ID: 8C4A2507-E362-491F-A10E-C4D8726F644B