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HomeMy WebLinkAboutR24-033 Adopting the Restated Eagle County Open Space Rules and Regulations DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Commissioner McQueeney moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024- 033 RESOLUTION ADOPTING THE RESTATED EAGLE COUNTY OPEN SPACE RULES AND REGULATIONS WHEREAS, the Eagle County Open Space Program was created to acquire and protect outstanding natural lands, wildlife habitat,historic ranches and scenic areas; and WHEREAS, since Eagle County created the Eagle County Open Space Program by virtue of its voters approving the County Ballot Referendum 1H on November 5, 2002, Eagle County has successfully acquired or protected 13,200 acres of land ("Open Space Lands")that possess unique attributes including, but not limited to, significant wildlife habitat, scenic qualities, opportunities for recreation and connections to adjacent public lands, and preservation of ranching and agriculture in Eagle County; and WHEREAS, in order to offer the Open Space Lands it manages for its constituents' and visitors' enjoyment while maintaining these important unique attributes; the Eagle County Board of County Commissioners (the"Board") adopted Resolution No. 2021-027 creating the Eagle County Open Space Rules and Regulations on May 11, 2021; and WHEREAS, a violation of Resolution No. 2021-027 constituted a class 2 petty offense; and WHEREAS, following the adoption of Resolution No. 2021-027, the Legislature for the State of Colorado revised C.R.S. § 29-7-101(2), which modified the potential penalties for a violation of a county resolution such as Resolution No. 2021-027 from a class 2 petty offense to a civil infraction; and WHEREAS,the Board now desires to repeal and replace Resolution No. 2021-027 with the restated Eagle County Open Space Rules and Regulations attached and incorporated by reference as Exhibit A(the "Eagle County Open Space Rules and Regulations") to reflect the newly applicable penalties and to include the penalty assessment procedure identified in C.R.S § 16-2-201 and graduated fine schedules as authorized by C.R.S. § 29-7-101(2); and DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC WHEREAS, adoption of the Eagle County Open Space Rules and Regulations is authorized pursuant to C.R.S. § 29-7-101(2); and WHEREAS, the Board believes adoption of the Eagle County Open Space Rules and Regulations will enable the Eagle County Open Space Program to continue to be successful in the protection and management of current and future Open Space lands. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board hereby adopts the Eagle County Open Space Rules and Regulations attached as Exhibit A; and THAT, this Resolution shall supersede and replace Resolution No. 2021-027 in its entirety, effective as of the date of adoption hereof; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. [Remainder of page left intentionally blank] 2 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC MOVED,READ,AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held on the 2 P day of May, 2024. DocuSigned by: COUNTY OF EAGLE, STATE OF Q~3 COLORADO, By and Through Its coLOR BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: -DocuSigned by: Cr(litAA 61161iUA, B Nt.a S� F9D8 FIIo9C4'4 _ y �n1F7a9n71RFnd74 Clerk to th24e Boa0.rd of Matt Scherr County Commissioners County Commissioners Chair DocuSigned by: 1,44) L9- 4nr1y8Fgpne7n Jeanne McQueeney Commissioner Kathy Chandler-Henry Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Absent This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC EXHIBIT A EAGLE COUNTY OPEN SPACE RULES AND REGULATIONS 4 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC EXHIBIT A Eagle County Open Space Rules and Regulations 1. Intent: The Eagle County Open Space Rules and Regulations ("Rules and Regulations") included herein are intended to protect and preserve natural resource values and ensure public safety at Open Space, as defined below. The Board of County Commissioners of Eagle County, Colorado ("BoCC") intends, by adopting these Rules and Regulations, that Open Space will be used by the public in a manner that protects resources; that recognizes the rights, health, and safety of others in the community; and that requires Users to be held liable for their actions that are considered violations within the provisions of these Rules and Regulations. 2. Authority: These Rules and Regulations are adopted pursuant to C.R.S. § 29-7-101, as amended. The adoption of these Rules and Regulations shall not constitute a waiver of a waiver of governmental immunity pursuant to C.R.S. § 24-10-101, et seq., as amended, nor the assumption of any duties of care to any person. 3. Scope: These Rules and Regulations shall apply to all Open Space as defined herein. Nothing contained herein limits or otherwise modifies rights reserved to the owner of fee simple property subject to a conservation or public access easement held by Eagle County. These Rules and Regulations shall in no way limit application and enforcement of any other Resolution, Ordinance, applicable conservation easement, or any federal, state, or local law. 4. Violation: It shall be unlawful for any User to violate any provision of these Rules and Regulations. 5. Definitions: As used in this Resolution the following terms shall have the following meanings. 5.1. "Approved Portable Toilet" means any non-biodegradable, durable container designated to receive and hold human waste, in any container position without leaking; and equipped with a dumping system that allows the container to be emptied into a standard receiving or dump system designed for that purpose (such as a SCAT machine or recreational vehicle dump station), in a sanitary manner, without spills, seepage, or human exposure to human waste; or any approved biodegradable landfill-approved bag system designed for landfill or garbage can disposal (such as a"WAG"bag, a human waste disposal bag). 5.2. "Commercial Activities"mean activities that provide any service or product including, but not limited to, guiding, training, photography, instructing, outfitting, or any service for which a fee is charged. DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC • 5.3. "Control"means supervision of, and influence over, any Pet Animal sufficient to prevent the violation of any of the provisions of these Rules and Regulations. 5.4. "Demonstrable Control" means Control of a Pet Animal by the physical presence of the Owner so that such Pet Animal is Controlled and obedient to a person competent to restrain the Pet Animal by command, and the Owner demonstrates that Control to any person as requested, and prevents Unwanted Contact with other people or animals 5.5. "Designated Trail"means a trail or path open to Users and depicted on Open Space maps or site-specific Management Plans. 5.6. "Director"means Director of the Eagle County Open Space and Natural Resources Department. 5.7. "Fire Pan"means a durable metal fire pan at least 12 inches in diameter with at least a 1.5-inch lip around its outer edge and sufficient to contain fire and fire remains containing fire, charcoal, and ash, while preventing ashes or burning material from spilling onto the ground; and that is elevated above the ground. 5.8. "Hunt"or"Hunting"means to pursue, attract, stalk, lie in wait for, or attempt to shoot, wound, kill,trap, capture, collect, or take wildlife. "Hunt" or"Hunting" does not include stalking, attracting, searching, or lying in wait for wildlife by an unarmed person solely for the purpose of watching or taking photographs of wildlife. 5.9. "Intent to Camp"means any off-loading, or preparing for use of common overnight equipment, such as tents, sleeping bags or bedding, food, cooking or dining equipment, or lighting equipment; or preparing common camping equipment for use in or on any boat. 5.10."Livestock"means cattle, horses, mules,burros, sheep,poultry, swine, llama, goats, and any other animal, when used for working purposes or raised for food or fiber production or Hunting. 5.11. "Management Plan"means a document that provides a framework for the long-term improvement, stewardship, and public use of Open Space so that it will continue to be an asset to the community. Management Plans are intended to assist Eagle County with the day-to-day operation of the Open Space, while also establishing the vision for long- term stewardship of the land. Management Plans are approved by the Board of County Commissioners and Conservation Easement holders if applicable. 5.12. "Open Space"means any lands,property, or facilities owned, leased, operated under permit or easement, or otherwise managed by Eagle County or property or facilities defined, designated, or preserved as Open Space pursuant to Eagle County Resolution 2016-064. Open Space includes,but is not limited to, lands, Designated Trails, waters, buildings, structures, roads,parking lots, or facilities on such lands. 5.13. "Pet Animal"means dogs, cats, rabbits, guinea pigs, hamsters, mice, rats, gerbils, ferrets, birds, fish,reptiles, amphibians, and invertebrates, or any species of wild or domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as a household pet, except Livestock or Feral Cats. "Pet Animal"does not include an Adopted May_2024 2 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC animal used for working purposes on a farm or ranch or a working dog in the process of being worked. 5.14. "Program"means an educational program that is curriculum driven and generally supports the mission of Eagle County Open Space and Natural Resources. Programs are events that have 25 or fewer participants. 5.15. "Special Event"means a community event that requires a greater amount of oversight from Eagle County Open Space and Natural Resources staff for which a fee may be charged. Special Events are events that exceed 25 participants. Fundraisers are considered Special Events. Special events shall not include weddings or other private parties or events. 5.16. "User"means any person or entity on Open Space that uses it in any manner, including but not limited to,bicycling,jogging, walking, Hunting, equestrian, skiing, rafting, kayaking, or fishing. 6. Resource Protection: 6.1. Vandalism, property damage, or removal of natural resources or facilities is prohibited on any Open Space. 6.1.1. It shall be unlawful to alter, move, remove, damage, deface, mutilate, or destroy any structure, poster, sign, marker, kiosk, fence, gate, furniture, vegetation, rock, or any object of scientific or historical value or interest. 6.1.2. It shall be unlawful to install or replace rock bolts or other fixtures,plant trees or any other type of landscape material, alter, establish, or construct or maintain trails or other facilities for public or private use without expressed written consent and permission from the Director or the Director's designee. 6.2. Any disposal, depositing, or abandonment of trash, garbage, litter, waste paper, waste food products, human or animal wastes, garden waste, landscape waste, toxic materials, oil or other mechanical waste products, animal parts, ashes or other combustion byproducts, or other waste products on Open Space or other than in designated containers and locations is prohibited. 6.3. Storage of private property and/or installation of items such as, but not limited to, geocaches, rails, ramps,jumps, or trailers without prior expressed written consent and permission from the Director or the Director's designee, is strictly prohibited. 6.4. Traveling off of Designated Trails by bicycle or other mechanized means is prohibited at all times. 7. Wildlife, Hunting and Fishing: 7.1. It shall be unlawful for any User to feed, Hunt, trap, pursue, molest, harass, bait, attract, disturb, release, or kill any wildlife at any time and under all circumstances on any Open Space with the exception of: Adopted May_2024 3 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 7.1.1. Designated areas where Hunting is authorized by a site-specific Management Plan approved by the BoCC. All Hunting Users must be appropriately licensed through Colorado Parks and Wildlife ("CPW"). 7.1.2. Written permission from the Director or the Director's designee and approval from CPW Wildlife Manager(s) for purposes of scientific studies, research, wildlife census, education, or interpretation. 7.2. Fishing is allowed strictly in accordance with all applicable state and local regulations except where otherwise posted and prohibited. All fishing Users must be appropriately licensed through CPW. 7.3. Shed hunting or the collection of animal antlers, horns, or other body parts is prohibited on any Open Space with the exception of: 7.3.1. Designated areas where shed hunting is authorized by a site-specific Management Plan approved by the BoCC and during the State of Colorado's allowed season for shed hunting from May 1st to December 31st annually. 7.3.2. Written permission from the Director or the Director's designee and approval from CPW Wildlife Manager(s)for purposes of scientific studies,research,wildlife census, education, or interpretation. 8. Firearms,Weapons, and Fireworks: 8.1. It is unlawful to discharge firearms, projectile weapons, or any device utilizing blank cartridges on any Open Space unless Hunting or a specified allowable use is specifically authorized by the applicable Management Plan and in accordance with other applicable laws. 8.2. Users crossing Open Space to an approved and legal Hunting area must travel with firearms completely unloaded and/or arrows not be nocked unless Hunting is allowed on Open Space. 8.3. It shall be unlawful for anyone to possess or discharge any type of fireworks or model rockets on Open Space. 8.4. Where Hunting is specifically allowed on Open Space, it is unlawful to discharge a firearm within 150 yards of a campsite, developed recreation area, or occupied area 9. Hours of Operation: Open Space is open from sunrise to sunset with the exception of areas designated for camping or posted otherwise. Further exceptions are only given by Commercial Activity or Special Event or Program permits or expressed written consent and permission from the Director or the Director's designee. 10. Commercial Use/ Special Events and Programming: 10.1. Commercial Activities may only occur on Open Space pursuant to a Commercial Activity permit.All approved activity is subject to the Commercial Activity Rules attached hereto and incorporated herein as Attachment 1. Adopted May_2024 4 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 10.2. Special Events and Programs may only occur on Open Space pursuant to a Special Event or Program permit. Permit processes and requirements are set forth in the Special Events and Program Rules attached hereto and incorporated herein as Attachment 2. 10.3 Commercial Activity permits or Special Event or Program permits may only be issued by the Director or the Director's designee. 10.4 Any User conducting Commercial Activities or Special Events or Programs on Open Space shall indemnify, defend, and hold harmless Eagle County from and against any and all costs, expenses, liabilities,judgments, and claims arising from or in any way related to the occupation or use of Open Space by the User or by the User's licensees, invitees, or guests. Users conducting Commercial Activities or Special Events or Programs on Open Space shall further indemnify the County from and against all costs, attorneys' fees, expenses, and liabilities incurred by Eagle County in the defense of any such claim or any action brought thereon. 11. Pet Animals/Livestock: 11.1.Pet Animals 11.1.1. Pet Animals must be physically leashed at all times unless otherwise posted or designated on the Animal Control Map pursuant to Eagle County's Resolution Concerning the Control, Licensing, Impoundment, and Disposition of Animals, as amended from time to time. 11.1.2. It shall be unlawful and considered a failure to Control a Pet Animal when such Pet Animal is not under Demonstrable Control in areas not requiring a leash. 11.1.3, A single person may walk no more than three Pet Animals. 11.1.4. Users shall pick up Pet Animal waste immediately and either carry it until off Open Space or dispose of it in a trash receptacle on Open Space. Users leaving the scene of Pet Animal waste is considered a failure to remove such waste and is prohibited. 11.1.5. It shall be unlawful to fail to Control any Pet Animal so as to prevent such animal from running after, chasing, pursuing, biting, attacking, or in any other way threatening Livestock or wildlife on Open Space. 11.1.6. Users shall not leave Pet Animals unattended on Open Space. 11.2.Livestock 11.2.1. Livestock are prohibited on Open Space except horses and pack animals such as llamas,burros, and the like on Designated Trails and/or areas used for the purpose of recreation or use identified in a Management Plan, or where specifically permitted pursuant to an agricultural lease, or for land management purposes authorized by the BoCC. Such animals must be under Control at all times. 11.2.2. It is unlawful for any User or to pursue, molest, harass, disturb or kill Livestock on Open Space. Adopted May 2024 5 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 12. Closed Areas: 12.1.It shall be unlawful for any User or a User's Pet Animal(s)to enter,use, or occupy any closed(including seasonal closures) Open Space, or any seasonally closed facility, trail, or any portion thereof, during the time such Open Space, or any portion thereof, is closed to entry, use, or occupancy. 12.1.1. The Director or the Director's designee, in the exercise of full discretion, may determine at any time that a portion or all of any Open Space shall be temporarily or seasonally closed to the public and/or Pet Animals based upon, but not limited to, any of the following grounds, such as: wildlife,natural resource concerns, historic resource concerns, vegetation protection concerns, management actions, contractual agreements, protection of the public health, safety, and welfare, or natural disasters. 12.2.The BoCC in its discretion, may designate Open Space closures of a temporary, permanent, or indefinite nature. 13. Camping/Fires: 13.1.Camping is permitted on Open Space only at designated campsites. 13.2.Fires are permitted on Open Space only at designated campsites or where explicitly permitted by an applicable Management Plan. Fires may occur for maintenance and land management purposes as authorized by the Director or the Director's designee. Fires for maintenance and land management purposes include, but are not limited to, fires for irrigation ditch maintenance, vegetation and noxious weed management, or prescribed fires. 13.2.1. Campfires are permitted on Open Space only at designated campsites. Campfires must be contained within installed metal fire rings or in approved Fire Pans (see Section 13.2.2). It is unlawful to burn campfires during any applicable fire restriction. 13.2.2. Users must not camp, or display an Intent to Camp, at designated campsites without an approved Fire Pan unless a metal fire ring is installed at the campsite. Users shall carry out all ash and fire residue when using a Fire Pan. 13.3.Users may stay at an Open Space designated campsite for a maximum of three (3) days within a fifteen(15) day period unless such designated campsite is posted otherwise. 13.4.Users must comply with any site-specific regulatory signage and booking requirements. 13.5.All Users on Open Space, including designated campsites, must pack out all refuse including human waste. It is unlawful to camp on Open Space, or display an Intent to Camp overnight, without an Approved Portable Toilet with sufficient capacity. Contents of the portable toilet system must be emptied in compliance with federal, state, and local laws. It is unlawful to leave human waste on lands or in waters on Open Space. 13.5.1. Users shall set up an Approved Portable Toilet, ready for use, as soon as practical upon arriving at the campsite to be occupied on an overnight trip. Adopted May_2024 6 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 13.6.Campsites must not exceed a size of 25 people per group (including guides) for Commercial Activities and private river groups. Overnight outfitter use or Commercial Activities at Spencer's Cabin Open Space are prohibited. 13.7.It is unlawful for Users to leave unsecured food or trash at campsites or day use areas. If applicable or available, all food and trash must be stored in the provided bear safe locker. If no bear safe locker is provided on site,unattended food and trash must be stored in sealed(latched, locked, or otherwise secured) container(s) that are constructed of solid, non-pliable material, (i.e., an ammo can, "bearvault," drybox, bear resistant cooler, or similar hard sided container), or in a locked vehicle. 14. Road and Trail Use: 14.1.Unless otherwise posted, equestrians have the right of way in all circumstances in mixed use areas (i.e. horses,bicycles, and pedestrians). All traffic shall yield to equestrians. Bicycle or other wheeled traffic shall yield to pedestrians. Pedestrians and bikers moving downhill must yield to pedestrians and bikers moving uphill. Yielding the right-of way requires slowing down to a safe speed, being prepared to stop, establishing communication, and passing safely. 14.2.The Director or the Director's designee may institute restrictions on specific trails or other Open Space areas when such restrictions are necessary for resource protection or safety related issues. 14.3.Users must utilize designated river access points if a trail system designates such points. 14.4.It shall be unlawful to exceed the speed of twenty(20)miles per hour, or as otherwise posted, on all roadways and parking areas on any Open Space. 15. Vehicle, Motorized, and Equestrian Activity: 15.1.It shall be unlawful to operate any motorized vehicle on Open Space, except in accordance with an associated conservation easement or Management Plan and on Designated Trails, roadways, and parking lots allowing such use. Emergency, maintenance, and patrol vehicles are specifically excluded from this prohibition. 15.2.Launching of motorized watercraft is prohibited on Open Space sites unless posted as permissible or authorized in accordance with an associated conservation easement or Management Plan. 15.3.It shall be unlawful to park motorized or mechanized vehicles or trailers where prohibited or on Open Space not designated or established for such parking. 15.4.Electronic motorized devices and modes of transportation are prohibited on Open Space unless expressly approved in an associated conservation easement or Management Plan or otherwise posted, except for mobility devices by persons with mobility impairments used for accessing Open Space. Prohibited devices include, but are not limited to, electronically powered: bikes (E-bikes); scooters; motorcycles; and all-terrain or off highway vehicles. Adopted May_2024 7 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 15.5.Equestrian activity is permitted only on those routes officially designated and signed to permit such use. Horse traffic is restricted to walk or trot speeds. Use of buggies, carts, or other horse-drawn vehicles is prohibited on all trails. 16. Miscellaneous Prohibited Activities: 16.1.It shall be unlawful to violate any posted regulatory signage on any Open Space including, but not limited to, signage posted at parking lots, trails, and kiosks. 16.2.If Open Space, such as campsites or day use parking lots, requires a permit, fee, or reservation, it must be paid and processed prior to occupation of the Open Space. It shall be unlawful to park, camp, or occupy a permitted or fee area without paying an associated fee, and/or possessing the appropriate permit or reservation. 16.3.Weddings and private parties are not permitted on Open Space. 16.4.It shall be unlawful to launch or operate any motor or non-motorized aircraft on or from Open Space without expressed written consent and permission from the Director or the Director's designee. Such aircraft may be, but are not limited to: aerial drones; hang- gliders; model airplanes; gliders; parachutes; paragliders; or balloons. 16.5.It shall be unlawful to golf or hit golf balls on or onto any Open Space. 16.6.It shall be unlawful to ice skate on any Open Space without expressed written consent and permission from the Director or the Director's designee. 17. Disorderly Conduct: It shall be unlawful for any person to engage in disorderly conduct or any activity within Open Space which interferes with the health, safety, and welfare of Users or neighbors in the area. 18. Interference: It shall be unlawful to interfere or attempt to interfere with any Eagle County staff who are acting in the performance of their duties on Open Space or to give false or misleading information with the intent to mislead staff in the performance of their duties. 19. Exceptions to the Rules and Regulations: Exceptions to these Rules and Regulations may be granted by the Director or the Director's designee for activities that involve the management, maintenance, or protection of Open Space,provided these activities are undertaken or overseen by the Director or the Director's designee. 20. Enforcement: 20.1.Violation of any provision of these Rules and Regulations provisions shall be a civil infraction as provided for in C.R.S. § 29-7-101(2), as amended, and punishable by a graduated fine schedule or as otherwise provided by law. In addition, any person who violates any of these Rules and Regulations may be trespassed from Open Space. Adopted May_2024 8 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 20.2.These Rules and Regulations may be enforced by the Director or the Director's designee, Eagle County Open Space Department staff designated by the BoCC, the Eagle County Sheriff's Office, or any other law enforcement officer. 20.3.Enforcement for any violation of these Rules and Regulations shall occur through the penalty assessment procedure provided in C.R.S. § 16-2-201. 20.4.In the event of any activity in violation of these Rules and Regulations, the County Attorney, in addition to other remedies provided by law or specified herein, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, or abate any unlawful activity, or to remove any improvements on construction resulting from such unlawful activity. In the event that such unlawful activity has damaged any county property, the violator shall be liable for any damage to county property resulting from any such unlawful activity, including, but not limited to, compensation for staff, or contractor, time and for use of county, or contractor, equipment to repair such damage. Any civil action or proceeding can include a claim to recover all such money damages as well as any other fees authorized by law. 21. Schedule and Fines: 21.1.Any violation of these Rules and Regulations, except those provisions related to Hunting, fishing, firearms, and fireworks set forth in Sections 7.1, 7.1.1, 7.1.2, 7.2, 8.1, 8.2, and 8.3 above, shall constitute a civil infraction and shall be punishable by the following graduated fine schedule: $100.00 for the first offense $250.00 for the second offense $500.00 for the third or further offense plus a mandatory court summons. 21.2.Any violation of Sections 7.1, 7.1.1, 7.1.2, 7.2, 8.1, 8.2, and 8.3 of these Rules and Regulations related to Hunting, fishing, firearms, and fireworks shall constitute a civil infraction and shall be punishable by the following graduated fine schedule: $500.00 for the first offense $1000.00 for the second offense plus a mandatory court summons $1,500.00 for the third offense plus a mandatory court summons 21.3.The fines, in the amounts prescribed in this Section shall be applied either through the penalty assessment procedure of C.R.S § 16-2-201, or by the court after conviction. In addition to the fines set forth in this Section, Users in violation of these Rules and Regulations shall also be subject to fees and surcharges mandated by C.R.S. § 16-2.3- 102, as amended. 22. Disposition of Fines: All fines and forfeitures for the violation of these Rules and Regulations and all monies collected by the court for the violation thereof shall be paid to the Eagle County Treasurer's Office and be transferred to the Open Space Fund. Adopted May 212024 9 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 23. Incorporation and Severability: If any provision of these Rules and Regulations or the application thereof to any party or circumstance shall to any extent be invalid or unenforceable, the remainder of these Rules and Regulations and the application of such provision to parties or circumstances other than those to which it is invalid or unenforceable shall not be affected thereby and each provision of these Rules and Regulations shall be valid and be enforced to the fullest extent permitted by law. 24. Amendment: These rules and regulations may be amended from time to time by the BoCC in consultation with the Director or the Director's designee and consistent with applicable Colorado law. 25. Effective Date: All provisions of these Rules and Regulations shall be effective upon adoption by the Board of County Commissioners for Eagle County, Colorado. Adopted May_2024 10 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC ATTACHMENT 1 Eagle County Open Space Commercial Activity Rules 1. Intent: Eagle County(the "County")has created these Open Space Commercial Activity Rules (the"Rules")to establish an equitable process for Users to request and the County to approve Commercial Activity use on Open Space. The Rules provide a process for Users to obtain permission to conduct Commercial Activities on Open Space so long as such use will not conflict with the public's use of Open Space; is not prohibited by a conservation easement or Open Space Management Plan; or does not devalue or diminish the conservation values of the County. Commercial Activities will not take precedence over the enjoyment of Open Space by the County's residents and visitors. 2. Scope: These Rules shall apply to all Commercial Activities conducted on Open Space. Unless otherwise defined herein, the words and terms used in these Rules shall have the meaning as set forth in the Eagle County Open Space Rules and Regulations. These Rules and permitting procedures contained herein may be changed, updated, or modified at any time by Eagle County. 3. Definitions: 3.1 "Commercial Operator" is a person or entity who facilitates an exchange of money for goods or services rendered on Eagle County Open Space or by access facilitated by Eagle County Open Space properties. 3.2 "Commercial User" is any person on Open Space who paid a fee to a permitted Commercial Operator or staff of a permitted Commercial Operator that uses Open Space in any manner permitted by rules including,but not limited to, bicycling,jogging, walking, equestrian, skiing, rafting, kayaking, hunting, and fishing. 3.3 "Designee" is an Eagle County Open Space and Natural Resources Department staff member designated by the Director and/or BoCC. 4. Violation: Violations of these Rules shall be a violation of the Eagle County Open Space Rules and Regulations. Additionally, violations of Eagle County Open Space Rules and Regulations, documented complaints, damages to natural resources by Commercial Users, and/or violations of any conditions or terms of any current Commercial Activity Permit will be considered during the application process for subsequent years, if any, and may result in the denial or limitation of Commercial Activities on Open Space. Violations may result in a notice to correct the violation or the temporary suspension or permanent revocation of a commercial use permit in the County's sole discretion. County staff are authorized to issue a notice to correct any continuing violation in lieu of a suspension or revocation. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 4.1. Appeals: Commercial Operators shall comply with notices to correct issued by • staff within ten(10) days of receipt of notification. Failure to timely correct such violations is grounds for suspension or revocation. Upon any suspension or revocation, the Commercial Operator shall not conduct any operations. A temporary suspension or revocation of a Commercial Activity Permit may be appealed by Commercial Operators by submitting a written letter of appeal to the Director within five (5) days of the County's suspension or revocation of a Commercial Activity Permit. The decision of the Director regarding the appeal under these Rules shall constitute a final administrative officer or agency decision. No additional hearing or appeal rights shall be provided to applicants under these Rules. 5. Commercial Use Annual Permit Procedure: The procedure outlined below shall govern the permit process for Commercial Activities for all Open Space. 5.1. Applicants must fill out an online Application: Application is available online here. (Appendix A) or contact the Eagle County Open Space and Natural Resources Department to facilitate completion of such form. 5.2. All Commercial Operators must submit an application annually to the County on or before April 15th for the year the Commercial Activities will take place. 5.3. Commercial Activities applications must be signed by an authorized agent of the Commercial Operator. 5.4. A Commercial Activities Application must include, but is not limited to, the following components: 5.4.1. Operating Plan that includes, but is not limited to,the following: Proposed activity description; anticipated number of users and size of groups; specific dates, timing, or frequency of proposed activities; client safety plan; natural resource protection plan; and parking plan. 5.4.2. Outfitter License (if applicable). 5.4.3. Certificate of Insurance listingCounty the as an additional insured in accordance with the insurance requirements. (Appendix D). 5.4.4. Initial Use Fee in accordance with the fee schedule. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 5.5. Approval/Denial: The County will provide Commercial Operators a permit (Appendix B) for the Commercial Activities if the County determines the applicant has submitted a complete application and the proposed activities are in accordance with applicable conservation easements, Management Plans, and standards that do not diminish the conservation values and public benefits of the County. The County reserves the right to establish capacity limits, designated areas, or implement other management actions that may limit Commercial Activities to enhance and protect Open Space. 5.5.1. Transfers: Permits for Commercial Activities are non-transferable and are intended for a specific use(s)by a specific Commercial Operator. If a Commercial Operator transfers ownership of a business or organization that is permitted for Commercial Activities on Open Space, the new Commercial Operator will have thirty(30) days to submit a new Commercial Activities application if they intend to operate Commercial Activities on Open Space. 5.6. End of season reporting: All permitted Commercial Operators on Open Space shall report the total number of Users and total gross receipts from Commercial Activities generated on Open Space properties to the County on or by February 15th for the preceding permit season(Appendix C). Non-compliance with end of season reporting may be cause for denial of Commercial Activities application in subsequent years. 5.7. Renewal: Applications for Commercial Activities on Open Space are required annually. 5.8. Review standards: The County will annually review the Commercial Operator for compliance with permitting requirements, specific Open Space property rules and regulations, and other criteria as deemed necessary. The County reserves the right to suspend or deny approval for Commercial Activities due to non-compliance with Commercial Activities permit conditions and/or repeated violations of these Rules and/or the Eagle County Open Space Rules and Regulations. 5.9. Fee schedule: In order to recover administrative and management costs, the County has developed the following fee schedule for reviewing Commercial Activities Permit applications. Eagle County reserves the right to modify or alter the fee schedule at any time, in its sole discretion. The $115.00 fee is due prior to issuance of the permit. After the end of season reporting data is submitted, any Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC additional fees owed will be calculated and an invoice will be sent to the permit holder. Payment of the use fee in full will be required prior to renewing the permit holder's permit. Commercial Activity Permit Fee $115.00 or three percent(3%) of gross profits generated on Open Space, whichever is greater 5.9.1. Application fees shall be paid to the Eagle County Treasurer's Office and be transferred to the County's Open Space Fund. 6. One-day Photography/Videography Permit Procedures: The procedure outlined below is intended to inform the permit process for one-day photography and videography activities for all Open Space. (Appendix F) 6.1. Applicants must fill out an online application: Application is available online here. (Appendix E) or contact the Eagle County Open Space and Natural Resources Department to facilitate completion of such form. 6.2. All Commercial Operators must submit an application to Eagle County Open Space five (5)business days in advance of the date on which the photography/videography activity will take place. 6.3. One-day photography/videography permit applications must be signed by an authorized agent,of the Commercial Operator. 6.4. A Commercial Activities Application involving photography and videography must include, but is not limited to, the following components: 6.4.1. The date for which the permit is requested, along with an alternate date within 30 days of the preferred date in the event of a postponement or cancellation of the originally scheduled shoot. 6.4.2. The Open Space property for which the permit is requested. 6.4.3. The anticipated number of clients. A one-day photography/videography permit allows you to shoot up to 12 clients. 6.4.4. The anticipated number of staff that will be on site. p Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 6.4.5. The anticipated gross profits for the day. 6.4.6. An operating plan that includes the following: Proposed activity description; client safety plan; natural resource protection plan; and parking plan. 6.4.7. Certificate of Insurance listing Eagle County as an additional insured. (Appendix D) 6.4.8. $25 one-day photography/videography permit fee. 7. Exceptions and clarifications: 7.1. Fee-for-service operations are considered Commercial Activities. 7.2. Programs and Special Events may require a Commercial Activity Permit if they charge a fee for service. 7.3. Commercial Activities where the County is the primary sponsor or host are exempt from the permit fee. 7.4. The County desires to provide consistent access to Open Space for all of its Users, including its residents, visitors as well as Commercial Operators where deemed appropriate. Should conflicts arise, Commercial Operators shall be prepared to work with Open Space to mitigate the conflict. 8. Refunds: Commercial Activity Permit fees are non-refundable. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix A Commercial Activities Application Contact Name (Authorized Agent): Contact Email Address: Contact Phone Number: Name of Commercial Operation(Commercial Operator): Where is your business located? Business Phone Number: Business Website: Please select the Open Space property where you would like to operate commercial activities. Note, commercial activities at unlisted trails, properties, or access points are either not permitted or not within Eagle County Open Space's jurisdiction. Additionally, not all types of commercial activities are permitted at every property. Please contact the Open Space department if you have questions about individual properties. • Brush Creek Confluence River Access (Eagle) • Brush Creek Valley Ranch and Open Space (Eagle): Commercial fishing prohibited • Cordillera "L" Open Space (Edwards) • Duck Ponds River Access (Gypsum) • Eagle River Preserve (Edwards) • Homestead "L" Open Space (Edwards) • Horn Ranch Open Space (Wolcott-Eagle) • Horse Creek River Access (Upper Colorado River) • Red Dirt Creek Open Space (Upper Colorado River) • Lake Creek Boat Ramp (Edwards) Operating Plan: Please submit a detailed operating plan for the proposed commercial activities. Please include the proposed activity(ies), operating period and hours, anticipated number of users, plans addressing client safety, natural resource protection plans, parking, and how your operation will be identifiable. Operating Plan template available here: https://docs.google.com/document/d/1gvcVj2CkBlRgb- S89xe9FKvydAdGyw-4/copy This format is not required,but operating plans must, at a minimum, contain all of the information in the template. Failure to include any of these resources may result in a delayed or denied application CPW/DORA License: Permittees are required to comply with Colorado State rules,regulations, and laws. River Outfitters, please use this section to upload a copy of your State River Outfitters license (CPW)required by state law. Outfitters conducting Hunting and/or fishing trips are required to obtain a State Outfitter registration. Please use this section to upload a copy of your Outfitters License registration(DORA). Hunting and fishing outfitters must also obtain the appropriate hunting and fishing licenses from CPW although they do not need to be submitted with this application. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Land Management Permits: In addition to the required licenses and registrations, please list any other permits for Commercial Use you have to operate on public lands (ex: USFS, BLM, SLB). Insurance: Please use this section to upload the required Certificate of Insurance, listing: Eagle County Government, 500 Broadway, Eagle, CO 81631, as an additional insured. Required COI information is available here: https://drive.google.com/file/d/11 xeICNT8asMTXoey-tExfKCyNNcjklYL/view Eagle County Open Space Commercial Operator Stewardship Agreement Eagle County acquires and manages properties based on the Open Space Conservation Criteria as provided in Eagle County Resolution 2016-064 establishing the Eagle County Open Space fund. All commercial activities undertaken on Open Space shall recognize the values inherent in these Conservation Criteria and commercial operators understand and agree that their operations must not conflict with any stated purposes for acquiring and preserving Open Space and must be in compliance with all posted rules and regulations, including, but not limited to, the rules and regulations contained in the Eagle County Open Space Rules and Regulations. Additionally, all commercial operators, including guests and staff, engaged in commercial activities on Open Space must follow Leave No Trace principles including,but not limited to, the removal of human waste, natural resource protections (including wildlife), and the consideration of other users. By submission of this application, the commercial operator named on this application agrees to conduct its operations and educate staff and guests in a way that: protects Eagle County's natural resources; prevents and/or attempts to prevent conflicts between other commercial users and/or the public enjoyment of Open Space; and follows Leave No Trace principles. By submitting this application, the commercial operator listed above hereby agrees to abide by all posted rules and regulations on Open Space as well as rules and regulations contained in the Eagle County Open Space Rules and Regulations (linked here: https://drive.google.com/file/d/14zb-XgppzoRgNEJVEbvX5TPwzt2VfTrc/view). Violations of rules and regulations may result in revocation of the issued permit and/or denial of future commercial activities permits. By submitting this application, the commercial operator acknowledges that if a Commercial Activities permit or written permission is granted, the commercial operator will be required to maintain adequate records and report annually to Eagle County, the number of users on Eagle County Open Space associated with the proposed Commercial Activities as well as the total amount of gross receipts generated on Eagle County Open Space by Commercial Activities as permitted by the Commercial Activity permit. Additionally,by submitting this application, the commercial operator agrees that in the event a permit is granted, the commercial operator shall exercise its privileges under and pursuant to the permit at its own risk, and shall indemnify, defend, and hold harmless the County from and against any and all costs, expenses, liabilities,judgments, and claims arising from or in any way Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC related to: (a)the occupation or use of Open Space Properties by the commercial operator or by its licensees, invitees, or guests; (b) the conduct of the commercial operator for its business or any other activity, work or things done, permitted or suffered in or about Open Space properties or elsewhere; (c) any breach or default in the performance of any obligation on the part of the commercial operator to be performed under the terms of the permit; (d) any negligence of the commercial operator or its agents, contractors, or employees, or(e) caused by reason of any condition of Open Space property. The commercial operator shall further indemnify the County from and against all costs, attorneys' fees, expenses, and liabilities incurred by the County in the defense of any such claim or any action brought thereon; and in case any action or proceeding be brought against the County by reason of any such claim, the commercial operator,upon notice from the County, shall defend the same at the commercial operator's expense by counsel satisfactory to the County. The commercial operator, as a material part of the consideration to the County, hereby assumes all risk of damage to property or injury to persons in, upon or about Open Space property arising from any cause other than the negligence of the County or any of the County's agents, contractors, or employees and the commercial operator hereby waives all claims against the County in respect of the risks assumed. By submitting this application, the commercial operator agrees that in the event that unlawful activity associated with a permitted commercial activity has damaged any County property, the the commercial operator shall be liable for any damage to county property resulting from any such unlawful activity, including,but not limited to, compensation for staff, or contractor, time gP and for use of Count or contractor, equipment to re air such damage. Anycivil action or Y> P g proceeding can include a claim to recover all such money damages. I hereby certify that I am of legal age and am authorized to do business in the State of Colorado. I have personally examined the information contained in this application and certify that this information is correct to the best of my knowledge. I hereby acknowledge that this is an application only, and that the use and occupancy of Eagle County Open Space is not authorized until a Commercial Activities permit or written permission is signed and issued by Eagle County. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix B Eagle County Open Space Commercial Activity Permit This is authorization is for the conditional use of Open Space for Commercial Activities for the period of YYYY (MM/DD/YYYY-MM/DD/YYYY)by (the "Permit"). This Permit is required by the Eagle County Open Space Rules and Regulations. All conditions, rules and regulations, and additional agreements are stated in the Commercial Activity application, which was signed by on behalf of on MM/DD/YYYY. Eagle County requires annual reports of Commercial User numbers on Open Space as well as the total amount of gross receipts generated on Open Space by Commercial Activities allowed under this permit. All reports for YYYY are due by February 15th, YYYY. Eagle County will be auditing use records. Failure to submit use records or inaccurate reporting may result in ineligibility for receiving a permit the following year. Authorized Use: is authorized to use Open Space, easements, and river access areas, including boat launches, in YYYY for Commercial Activities as submitted to Eagle County by the applicant on MM/DD/YYYY. The authorized use is as follows: Commercial fishing is not permitted on Eagle County Open Space properties during voluntary angling closures as implemented by CPW. All clients must carry appropriate licenses as required by CPW. Failure to comply with the above requirements or any Eagle County Open Space Rules and Regulations may result in the revocation of this Permit, fines, or other legal actions. Any violation of Eagle County Open Space Rules and Regulations or any established conditions of the Commercial Activity Rules may result in the termination of current Permit, and such violations may be taken into consideration when reviewing subsequent applications for Commercial Activities and may result in the denial or limited use of Open Space for Commercial Activity. Additionally, Eagle County Open Space recognizes the rules, regulations, and permitting of other land management agencies in Eagle County. Violation of those rules and regulations may be taken into consideration when reviewing subsequent applications for Commercial Activity on Open Space and may result in the denial or limited use of Open Space for Commercial Activity. Eagle County staff appreciates your efforts to be a good steward of Open Space. Issued by: Date: Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC Appendix C Eagle County Open Space Commercial Use Log (example) Number of Number Number of Gross Outfitter Date Activity Property Guides of Clients Vehicles Receipts Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix D Insurance Requirements Insurance. Commercial Operator agrees to provide a Certificate of Insurance evidencing the following and maintain at Commercial Operator's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations,personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than$1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County Government, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Commercial Outfitter's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Commercial Outfitter shall furnish to Eagle County Government separate certificates and endorsements for each subcontractor. iii. The parties hereto understand and agree that Eagle County Government is relying on, and does not waive or intend to waive, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to Eagle County Government, its affiliated entities, successors or assigns, its elected officials, employees, agents, and volunteers. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix E One-Day Photography/Videography Permit Application Contact Name (Authorized Agent): Contact Email Address: Contact Phone Number: Name of Commercial Operation(Commercial Operator): Where is your business located? Business Phone Number: Business Website: Date Requested: Alternate Date: Property: Number of Clients: Number of Staff: Anticipated Gross Profits: Operating Plan: Please use this section to upload your required Operating Plan - include your plans addressing client safety, natural resource protection plans,parking, and how your operation will be identifiable. Operating Plan template available here: https://docs.google.com/document/d/10I8yb-A- EgWtOEV- DA2kAeephA5 V 7EvU/edit?usp=sharing&ouid=1148 5 667795 8100144783&rtpo f=true&sd=true This format is not required,but operating plans must contain all of the information in the template. Failure to include any of these resources may result in a delayed or denied application If you have already submitted an Operating Plan this year, you do not have to submit this again. Insurance: Please use this section to upload the required Certificate of Insurance, listing: Eagle County, 500 Broadway, Eagle, CO 81631, as an additional insured. Required COI information is available here: https://drive.google.com/file/d/11 xeICNT8 asMTXoey-tExfKCyNNcj klYL/view If you have already submitted a COI this year, you do not have to submit this again. Other Agreements: By submitting this application, the contact person and commercial operator listed above hereby agrees to abide by all posted rules and regulations on site as well as rules and regulations that are presented in the Eagle County Open Space Rules and Regulations (linked here: https://drive.google.com/file/d/14zb-XgppzoRgNEJVEbvX5TPwzt2VfTrc/view). Violations of rules and regulations may result in revocation of the issued permit and/or denial of future Commercial Activity permits. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC By submitting this application, I acknowledge that if a Commercial Activity permit or written permission is granted, I will be required to maintain adequate records and report annually to Eagle County Open Space the number of users on Eagle County Open Space associated with the proposed Commercial Activities as well as the total amount of gross receipts generated on Eagle County Open Space by Commercial Activities as permitted by the Commercial Activities permit. Additionally, by submitting this application, the commercial operator agrees that in the event a permit is granted, the commercial operator shall exercise its privileges under and pursuant to the permit at its own risk, and shall indemnify, defend, and hold harmless the County from and against any and all costs, expenses, liabilities,judgments, and claims arising from or in any way related to: (a)the occupation or use of Open Space Properties by the commercial operator or by its licensees, invitees, or guests; (b)the conduct of the commercial operator for its business or any other activity, work or things done,permitted or suffered in or about Open Space properties or elsewhere; (c) any breach or default in the performance of any obligation on the part of the commercial operator to be performed under the terms of the permit; (d) any negligence of the commercial operator or its agents, contractors, or employees, or(e) caused by reason of any condition of Open Space property. The commercial operator shall further indemnify the County from and against all costs;attorneys' fees, expenses, and liabilities incurred by the County in the defense of any such claim or any action brought thereon; and in case any action or proceeding be brought against the County by reason of any such claim, the commercial operator,upon notice from the County, shall defend the same at the commercial operator's expense by counsel satisfactory to the County. The commercial operator, as a material part of the consideration to the County, hereby assumes all risk of damage to property or injury to persons in,upon or about Open Space property arising from any cause other than the negligence of the County or any of the County's agents, contractors, or employees and the commercial operator hereby waives all claims against the County in respect of the risks assumed. By submitting this application, the commercial operator agrees that in the event that unlawful activity associated with a permitted commercial activity has damaged any County property,the commercial operator shall be liable for any damage to county property resulting from any such unlawful activity, including,but not limited to, compensation for staff, or contractor, time and for use of County, or contractor, equipment to repair such damage. Any civil action or proceeding can include a claim to recover all such money damages. I hereby certify that I am of legal age and am authorized to do business in the State of Colorado. I have personally examined the information contained in this application and certify that this information is correct to the best of my knowledge. I hereby acknowledge that this is an application only, and that the use and occupancy of Eagle County Open Space is not authorized until a Commercial Activities permit or written permission is signed and issued by the County. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC Appendix F Eagle County Open Space One-day Photography/Videography Permit This is authorization is for the conditional use of Open Space for Commercial Activity for MM/DD/YYYY by (the"Permit"). This Permit is required by the Eagle County Open Space Rules and Regulations Resolution. All conditions, rules, and regulations, and additional agreements are stated in the Commercial Activity application, which was signed by on behalf of on MM/DD/YYYY. Authorized Use: is authorized to use on MM/DD/YYYY for Commercial Photography/Videography as submitted to Eagle County by the applicant on MM/DD/YYYY. Should the shoot need to be rescheduled, this Permit is also valid for the alternative date of MM/DD/YYYY. Failure to comply with the above requirements or any Eagle County Open Space Rules and Regulations may result in the revocation of this Permit, fines, or other legal actions. Any violation of Eagle County Open Space Rules and Regulations or any established conditions of the Commercial Activity Rules may result in the termination of the current Permits and such violation may be taken into consideration when reviewing subsequent applications for commercial use, if any, and may result in the denial or limited use of Open Space for Commercial Activity. Additionally, Eagle County Open Space recognizes the rules, regulations, and permitting of other land management agencies in Eagle County. Violation of those rules and regulations may be taken into consideration when reviewing subsequent applications for Commercial Activity on Open Space and may result in the denial or limited use of Open Space for such Commercial Activity. Eagle County staff appreciates your efforts to be a good steward of Open Space. Issued by: Date: Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC ATTACHMENT 2 Eagle County Open Space Special Event and Program Rules 1. Intent: Eagle County(the "County")has created these Open Space Special Event and Program Rules (the "Rules")to establish an equitable process for Users to request and the County to approve Special Events and Programs on Open Space as defined herein. The Rules provide a process for Users to obtain permission to conduct Special Events and Programming on Open Space that will not devalue or diminish the County's conservation values. The County desires that these rules enable the public and partnering agencies, non-profits, and municipalities to use Open Space in a manner that protects natural resources, provides educational opportunities, and highlights the County's conserved landscapes. 2. Scope: These rules shall apply to all Special Events and Programs held on Open Space. Unless otherwise defined herein, the words and terms used in these Rules shall have the meaning as set forth in the Eagle County Open Space Rules and Regulations and Eagle County Open Space Commercial Activity Rules. The Rules and processes set forth below apply to only Special Events and Programs and do not apply to Commercial Activities. Nothing included in these Rules is intended to supersede requirements for mass gatherings or other special event requirements contained in the Eagle County Land Use Regulations. The Rules and permitting procedures contained herein may be changed, updated, or modified at any time by the County. 3. Violation: Violations of these Rules shall be a violation of the Eagle County Open Space Rules and Regulations. Additionally, violations of Eagle County Open Space Rules and Regulations, documented complaints, damages to natural resources by Commercial Users,and/or violations of any conditions or terms of any existing Special Event and Program Permit will be considered during the application process for subsequent years, if any, and may result in the denial or limitation of Special Events or Programs on Open Space. 4. Special Event and Program Procedure: The procedure outlined below shall govern the permit process for Special Events and Programs for all Open Space. 4.1. Applicants must fill out an online Special Event and Program request form or contact the Eagle County Open Space and Natural Resources Department to facilitate completion of such form (Appendix A). 4.2. The County must receive request for approval of a Special Event Permit no less than sixty(60) calendar days prior to the proposed Special Event. In its sole discretion, County staff may accept such requests closer to the event or program date. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC 4.3. The County must receive requests for approval of Program Permit no less than fourteen(14) days prior to the proposed Program. In its sole discretion, County staff may accept such requests closer to the event or program date. 4.4. Required documentation for Special Events and Programs may include, but is not limited to, organizer contact information, overview of proposal, a safety plan, parking plan, other required permits or licenses, and a certificate of insurance. 4.5. County staff will conduct an initial review of the request for approval to determine consistency with any applicable Open Space Management Plan and conservation easement using the proposed Program or Special Event rubric (Appendix C) and communicate any required revisions or stipulations to the applicant. 4.6. The County will communicate with the conservation easement holder or other parties as required in any applicable Open Space Management Plans to obtain support if necessary. County staff will obtain a formal letter of approval from the conservation easement holder, if necessary. 4.7. County staff will direct applicants to other parties to obtain support, if necessary. This may include adjacent landowners and other partner organizations. It may be necessary for the applicant to show support from identified interests. 4.8. County staff will review comments from other parties if required by any applicable Open Space Management Plans. 4.9. Following review of the application and all required documentation, County staff will make a determination as to whether approve or deny the permit. Staff will provide a written determination to the applicant via email. The approval will be in the form of a permit(Appendix B). Approval may be contingent on notifying emergency services, food/vendor/liquor license requirements, parking plans, and safety elements or other such conditions as may be reasonable required. Denial of a permit may be appealed by submitting a written letter to the Director within five (5) days of the County's denial of the permit. The decision of the Director shall constitute a final administrative officer or agency decision. No additional hearing or appeal rights shall be provided to applicants under these Rules. 4.10. If approved, Staff will add the Special Event or Program to Open Space Programming and Events Calendar. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC 4.11. After the Special Event or Program, the organizer shall provide the participant numbers to staff. 4.12. Eagle County will complete an evaluation after the Special Event or Program (Appendix D). 5. Fee Schedule: In order to recover administrative and management costs, the County has developed the following fee schedule for Special Events and Programs. The County reserves the right to modify or alter the fee schedule at any time, in its sole discretion. Special Events 26-100 participants 101-250 participants 250+participants Application Fee $100.00 $150.00 $200.00 Programs 0-25 annual programs 25+ annual programs Annual Fee $0 $100.00 5.1. The County reserves the right to waive or modify application fees for specific Special Events and Programs in its sole discretion. 5.1.1. Any Special Event or Program where Eagle County is the primary organizer is exempt from fees. School sponsored activities that are non-commercial are exempt from fees. 5.1.2. Registered 501(c)(3) organizations operating Special Events or Programs using a"fee for service"model are considered Commercial Operators and additional permits are required as documented in the Commercial Activity Rules. 5.2. Payment for Special Events is due upon issuance of permit. Annual payments for Programs are due prior to hosting and/or scheduling the 25th annual program. 6. Cancellation Policy: Organizers should communicate Special Event and Program cancellations to Open Space staff as soon as possible. Refunds may be given in the County's sole discretion for Special Events that are canceled due to weather or other unforeseeable conditions. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix A Program and Special Event Application Contact Person: Email: Phone: Host organization(organizer): Special Event or Program Overview: (Please briefly describe the program you are interested in hosting at the Open Space. Please include whether your proposal fits the definition of a "Special Event"or "Program"). Proposed Date: / / Proposed Time: to (start and end) Any specific scheduling considerations?: (is this a series, do you have back up dates, etc.) Total number of participants: (include staff) Is there a cost to attend this program or event? Y/N (circle one) Please briefly describe the safety plan in the event of an emergency during the event/program: What is the parking plan for participants? Please describe any potential impacts to vegetation and wildlife from your proposal, and what will be done to minimize the impacts. Please describe any potential impacts to adjacent landowners, and what will be done to minimize impacts. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Access to and enjoyment of Open Space property by the general public must be maintained during the approved Special Event or Program. Please comment on the extent to which the proposal would interfere with, compromise, or diminish the ability for others to use the property. Please comment on the consistency of your proposal with the vision of passive recreation and educational opportunities on Eagle County Open Space. Cancellation Policy: Special Events or Programs may not be conducted if severe weather renders trails or open space susceptible to significant natural resource damage. Eagle County Open Space and Natural Resources reserves the right, in its sole discretion, to cancel programs to protect natural resources. In these situations, staff will attempt to work with organizers to reschedule or move the event. If a suitable alternative cannot be reached, the application fee may be refunded in the County's sole discretion. Organizers who wish to cancel an event or program for any reason are asked to contact staff as soon as possible. Cancellation requests that are received within two weeks of the proposed event or program date, will not be eligible for refunds. For cancellation requests that are received two weeks in advance of the scheduled program or event, refunds may be given in the County's sole discretion. Insurance and Assumption of Risk: Organizers of Special Events or Programs are required to submit a certificate of insurance identifying Eagle County as an additional insured. Eagle County may require participants to sign an Assumption of Risk and Release Eagle County staff will do their best to ensure a successful event or program. Please provide complete information to ensure a thorough review process. Special Event and Program applicants will receive a confirmation when the application is submitted. Follow up response from Eagle County staff may include a request for more information, suggested modifications to the proposed use, and/or issuance of permission or denial for reasons that will be explained. Special Event application fees are as follows and are due when the Special Event permit or letter of authorization is issued. 26-100 participants - $100.00 101-250 participants - $150.00 250+participants - $200.00 Fees for programming may be assessed for organizations that host more than 25 programs annually. By submitting this application, organizer listed above hereby agrees to abide by all posted rules and regulations on the Open Space site as well as all Eagle County Open Space Rules and Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Regulations. Violations of rules and regulations may result in the denial of future programming or special event requests and/or fines and other costs to be recovered from event organizers for damages sustained to the Open Space during a program or special event as permitted by Eagle County Open Space Rules and Regulations. Additionally,by submitting this application, organizer agrees that in the event a permit is granted, organizer shall exercise its privileges under and pursuant to the permit at its own risk, and shall indemnify, defend, and hold harmless the County from and against any and all costs, expenses, liabilities,judgments, and claims arising from or in any way related to: (a)the occupation or use of Open Space Properties by organizer or by its licensees, invitees, or guests; (b)the conduct of organizer for its business or any other activity, work or things done, permitted or suffered in or about Open Space properties or elsewhere; (c) any breach or default in the performance of any obligation on the part of organizer to be performed under the terms of the permit; (d) any negligence of organizer or its agents, contractors, or employees, or(e) caused by reason of any condition of Open Space property. Organizer shall further indemnify the County from and against all costs, attorneys' fees, expenses, and liabilities incurred by the County in the defense of any such claim or any action brought thereon; and in case any action or proceeding be brought against the County by reason of any such claim, organizer, upon notice from the County, shall defend the same at organizer's expense by counsel satisfactory to the County. Organizer, as a material part of the consideration to the County, hereby assumes all risk of damage to property or injury to persons in,upon or about Open Space property arising from any cause other than the negligence of the County or any of the County's agents, contractors, or employees and organizer hereby waives all claims against the County in respect of the risks assumed. By submitting this application, Organizer further agrees that in the event that unlawful activity associated with a permitted special event or program has damaged any County property, organizer shall be liable for any damage to county property resulting from any such unlawful activity, including, but not limited to, compensation for staff, or contractor, time and for use of county, or contractor, equipment to repair such damage. Any civil action or proceeding can include a claim to recover all such money damages. Organizer/primary contact Date Organization Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix B Permit for Special Event or Program Hi, Eagle County Open Space and Natural Resources is pleased to approve the below request for a [Special Event or Program] at the< XXX> on<XXXXXXXX>. Below is an overview of the approved [Special Event or Program]. Please report back to Open Space staff the number of participants within a week after the [Special Event or Program]. We look forward to seeing your groupon Eagle County Open Space! Special Event/Program Organizer: Date Requested: Time: Number of participants: Special Event/Program overview: Comments from Eagle County Open Space and Natural Resources: Upon submitting the application for the Special Event or Program,you agreed to abide by all posted and property specific rules and regulations, any staff conditions agreed to for this request, all Eagle County Open Space Rules and Regulations. You further agreed to assume all risk and indemnjft the County for any and all costs, expenses, liabilities,judgments, and claims arising from or in any way related to the Special Event or Program and to compensate the County for any damage to County property. Failure to comply with written rules, staff requests, and/or additional county requirements shall be cause for denial for subsequent event or program applications. By receiving this letter of authorization,you affirm your agreement to all Open Space rules and regulations,,including all terms and conditions of the application for the Special Event or Program. Issued by: Date: Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix C Special Event and Program Rubric for Approval and Denial The following rubric was developed to help Eagle County Open Space evaluate Special Events and Programs on Open Space properties to ensure resource protection, satisfactory public user experiences, and consistency with other Eagle County Open Space purposes and values. , ,"�.% .. .., :.�„ ., ;,i mW...rtB,.� s ,, r . ``x, ,r,rsaM, ,i �• ,, .... ".• ,. . ........,r.'.k.»• . ',`. _. .. 1 Contact Information Contact info, type of entity, person authorized for contract (organizer) 2 Experience and Qualifications Has the group successfully conducted programs on Open Space previously? 3 Proposed Operation Does the proposed use fit within the conservation values of the Open Space? 4 County and Public Interaction Ability to work with County as a partner and any effects to the general public on open space during the event. 5 Type of Host commercial, non-profit, government, school, etc... are there fees being charged associated with this Special Event or Program? 6 Resource Protections Has the group thoroughly addressed resource protection, stewardship, and impacts to wildlife? 7 Logistics Is there a parking plan, will this be advertised to the public, will Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC the event result in additional costs to Eagle County? What is the total#of participants expected? 8 Timeliness Was the proposal received allowing time to contact neighbors, vested interests, etc. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix D , Special Event and Program Evaluation Form This form is used by Eagle County after the Special Event or Program to document any uses inconsistent with the conservation values or property specific Management Plan. Number Criterion Satisfactory/ Rationale/Notes Unsatisfactory 1 Contact Information Contact information provided(organizer) 2 Experience and Qualifications Has group successfully conducted programs on Open Space previously? 3 Proposed Operation Did the observed program resemble the proposed program? 4 County and Public Interaction Were there any conflicts with other users or was access or experience diminished? 6 Resource Protections Did the program/event compromise any resource protections? Were they stewards of Open Space? Were there wildlife impacts? 7 Logistics Was the advertising consistent with the program and Open Space values? 8 Timeliness Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Was the proposal received allowing time to contact neighbors, vested interests, etc.? Did the organizer report participant numbers in a timely fashion? Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Commissioner McQueeney moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024 - 033 RESOLUTION ADOPTING THE RESTATED EAGLE COUNTY OPEN SPACE RULES AND REGULATIONS WHEREAS, the Eagle County Open Space Program was created to acquire and protect outstanding natural lands, wildlife habitat, historic ranches and scenic areas; and WHEREAS, since Eagle County created the Eagle County Open Space Program by virtue of its voters approving the County Ballot Referendum 1H on November 5, 2002, Eagle County has successfully acquired or protected 13,200 acres of land ("Open Space Lands")that possess unique attributes including,but not limited to, significant wildlife habitat, scenic qualities, opportunities for recreation and connections to adjacent public lands, and preservation of ranching and agriculture in Eagle County; and WHEREAS, in order to offer the Open Space Lands it manages for its constituents' and visitors' enjoyment while maintaining these important unique attributes; the Eagle County Board of County Commissioners (the"Board") adopted Resolution No. 2021-027 creating the Eagle County Open Space Rules and Regulations on May 11, 2021; and WHEREAS, a violation of Resolution No. 2021-027 constituted a class 2 petty offense; and WHEREAS, following the adoption of Resolution No. 2021-027, the Legislature for the State of Colorado revised C.R.S. § 29-7-101(2),which modified the potential penalties for a violation of a county resolution such as Resolution No. 2021-027 from a class 2 petty offense to a civil infraction; and WHEREAS, the Board now desires to repeal and replace Resolution No. 2021-027 with the restated Eagle County Open Space Rules and Regulations attached and incorporated by reference as Exhibit A(the"Eagle County Open Space Rules and Regulations") to reflect the newly applicable penalties and to include the penalty assessment procedure identified in C.R.S § 16-2-201 and graduated fine schedules as authorized by C.R.S. § 29-7-101(2); and DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC WHEREAS, adoption of the Eagle County Open Space Rules and Regulations is authorized pursuant to C.R.S. § 29-7-101(2); and WHEREAS, the Board believes adoption of the Eagle County Open Space Rules and Regulations will enable the Eagle County Open Space Program to continue to be successful in the protection and management of current and future Open Space lands. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board hereby adopts the Eagle County Open Space Rules and Regulations attached as Exhibit A; and THAT, this Resolution shall supersede and replace Resolution No. 2021-027 in its entirety, effective as of the date of adoption hereof; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. [Remainder of page left intentionally blank] 2 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held on the 21 st day of May, 2024. DocuSigned by:COUNTY OF EAGLE, STATE OF of FAGLee ct. 41(114-1 COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: DocuSigned by: Ert4lit4t By: \_R1F7Q11171RFnd71 F9D8 tl98440.. Clerk tote F248Board of Matt Scherr County Commissioners County Commissioners Chair DocuSigned by: CAdArl'JRPFIAA.17,1 Jeanne McQueeney Commissioner Kathy Chandler-Henry Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Absent This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC EXHIBIT A EAGLE COUNTY OPEN SPACE RULES AND REGULATIONS 4 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC EXHIBIT A Eagle County Open Space Rules and Regulations 1. Intent: The Eagle County Open Space Rules and Regulations ("Rules and Regulations") included herein are intended to protect and preserve natural resource values and ensure public safety at Open Space, as defined below. The Board of County Commissioners of Eagle County, Colorado ("BoCC") intends, by adopting these Rules and Regulations, that Open Space will be used by the public in a manner that protects resources; that recognizes the rights, health, and safety of others in the community; and that requires Users to be held liable for their actions that are considered violations within the provisions of these Rules and Regulations. 2. Authority: These Rules and Regulations are adopted pursuant to C.R.S. § 29-7-101, as amended. The adoption of these Rules and Regulations shall not constitute a waiver of a waiver of governmental immunity pursuant to C.R.S. § 24-10-101, et seq., as amended, nor the assumption of any duties of care to any person. 3. Scope: These Rules and Regulations shall apply to all Open Space as defined herein. Nothing contained herein limits or otherwise modifies rights reserved to the owner of fee simple property subject to a conservation or public access easement held by Eagle County. These Rules and Regulations shall in no way limit application and enforcement of any other Resolution, Ordinance, applicable conservation easement, or any federal, state, or local law. 4. Violation: It shall be unlawful for any User to violate any provision of these Rules and Regulations. 5. Definitions: As used in this Resolution the following terms shall have the following meanings. 5.1. "Approved Portable Toilet" means any non-biodegradable, durable container designated to receive and hold human waste, in any container position without leaking; and equipped with a dumping system that allows the container to be emptied into a standard receiving or dump system designed for that purpose (such as a SCAT machine or recreational vehicle dump station), in a sanitary manner, without spills, seepage, or human exposure to human waste; or any approved biodegradable landfill-approved bag system designed for landfill or garbage can disposal (such as a"WAG"bag, a human waste disposal bag). 5.2. "Commercial Activities" mean activities that provide any service or product including, but not limited to, guiding, training, photography, instructing, outfitting, or any service for which a fee is charged. 1 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 5.3. "Control"means supervision of, and influence over, any Pet Animal sufficient to prevent the violation of any of the provisions of these Rules and Regulations. 5.4. "Demonstrable Control"means Control of a Pet Animal by the physical presence of the Owner so that such Pet Animal is Controlled and obedient to a person competent to restrain the Pet Animal by command, and the Owner demonstrates that Control to any person as requested, and prevents Unwanted Contact with other people or animals 5.5. "Designated Trail"means a trail or path open to Users and depicted on Open Space maps or site-specific Management Plans. 5.6. "Director"means Director of the Eagle County Open Space and Natural Resources Department. 5.7. "Fire Pan"means a durable metal fire pan at least 12 inches in diameter with at least a 1.5-inch lip around its outer edge and sufficient to contain fire and fire remains containing fire, charcoal, and ash, while preventing ashes or burning material from spilling onto the ground; and that is elevated above the ground. 5.8. "Hunt" or"Hunting"means to pursue, attract, stalk, lie in wait for, or attempt to shoot, wound, kill, trap, capture, collect, or take wildlife. "Hunt" or"Hunting"does not include stalking, attracting, searching, or lying in wait for wildlife by an unarmed person solely for the purpose of watching or taking photographs of wildlife. 5.9. "Intent to Camp"means any off-loading, or preparing for use of common overnight equipment, such as tents, sleeping bags or bedding, food, cooking or dining equipment, or lighting equipment; or preparing common camping equipment for use in or on any boat. 5.10."Livestock"means cattle, horses, mules,burros, sheep, poultry, swine, llama, goats, and any other animal, when used for working purposes or raised for food or fiber production or Hunting. 5.11. "Management Plan"means a document that provides a framework for the long-term improvement, stewardship, and public use of Open Space so that it will continue to be an asset to the community. Management Plans are intended to assist Eagle County with the day-to-day operation of the Open Space, while also establishing the vision for long- term stewardship of the land. Management Plans are approved by the Board of County Commissioners and Conservation Easement holders if applicable. 5.12. "Open Space"means any lands, property, or facilities owned, leased, operated under permit or easement, or otherwise managed by Eagle County or property or facilities defined, designated, or preserved as Open Space pursuant to Eagle County Resolution 2016-064. Open Space includes,but is not limited to, lands, Designated Trails, waters, buildings, structures, roads,parking lots, or facilities on such lands. 5.13. "Pet Animal"means dogs, cats, rabbits, guinea pigs, hamsters, mice, rats, gerbils, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any species of wild or domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as a household pet, except Livestock or Feral Cats. "Pet Animal"does not include an Adopted May_2024 2 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC animal used for working purposes on a farm or ranch or a working dog in the process of being worked. 5.14. "Program"means an educational program that is curriculum driven and generally supports the mission of Eagle County Open Space and Natural Resources. Programs are events that have 25 or fewer participants. 5.15. "Special Event"means a community event that requires a greater amount of oversight from Eagle County Open Space and Natural Resources staff for which a fee may be charged. Special Events are events that exceed 25 participants. Fundraisers are considered Special Events. Special events shall not include weddings or other private parties or events. 5.16. "User"means any person or entity on Open Space that uses it in any manner, including but not limited to,bicycling,jogging, walking, Hunting, equestrian, skiing, rafting, kayaking, or fishing. 6. Resource Protection: 6.1. Vandalism, property damage, or removal of natural resources or facilities is prohibited on any Open Space. 6.1.1. It shall be unlawful to alter, move, remove, damage, deface, mutilate, or destroy any structure, poster, sign, marker, kiosk, fence, gate, furniture, vegetation, rock, or any object of scientific or historical value or interest. 6.1.2. It shall be unlawful to install or replace rock bolts or other fixtures, plant trees or any other type of landscape material, alter, establish, or construct or maintain trails or other facilities for public or private use without expressed written consent and permission from the Director or the Director's designee. 6.2. Any disposal, depositing, or abandonment of trash, garbage, litter,waste paper, waste food products, human or animal wastes, garden waste, landscape waste, toxic materials, oil or other mechanical waste products, animal parts, ashes or other combustion byproducts, or other waste products on Open Space or other than in designated containers and locations is prohibited. 6.3. Storage of private property and/or installation of items such as,but not limited to, geocaches, rails, ramps,jumps, or trailers without prior expressed written consent and permission from the Director or the Director's designee, is strictly prohibited. 6.4. Traveling off of Designated Trails by bicycle or other mechanized means is prohibited at all times. 7. Wildlife, Hunting and Fishing: 7.1. It shall be unlawful for any User to feed, Hunt, trap, pursue, molest, harass, bait, attract, disturb, release, or kill any wildlife at any time and under all circumstances on any Open Space with the exception of: Adopted May_2024 3 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 7.1.1. Designated areas where Hunting is authorized by a site-specific Management Plan approved by the BoCC. All Hunting Users must be appropriately licensed through Colorado Parks and Wildlife ("CPW"). 7.1.2. Written permission from the Director or the Director's designee and approval from CPW Wildlife Manager(s) for purposes of scientific studies, research, wildlife census, education, or interpretation. 7.2. Fishing is allowed strictly in accordance with all applicable state and local regulations except where otherwise posted and prohibited. All fishing Users must be appropriately licensed through CPW. 7.3. Shed hunting or the collection of animal antlers, horns, or other body parts is prohibited on any Open Space with the exception of: 7.3.1. Designated areas where shed hunting is authorized by a site-specific Management Plan approved by the BoCC and during the State of Colorado's allowed season for shed hunting from May 1st to December 31st annually. 7.3.2. Written permission from the Director or the Director's designee and approval from CPW Wildlife Manager(s)for purposes of scientific studies,research,wildlife census, education, or interpretation. 8. Firearms, Weapons, and Fireworks: 8.1. It is unlawful to discharge firearms, projectile weapons, or any device utilizing blank cartridges on any Open Space unless Hunting or a specified allowable use is specifically authorized by the applicable Management Plan and in accordance with other applicable laws. 8.2. Users crossing Open Space to an approved and legal Hunting area must travel with firearms completely unloaded and/or arrows not be nocked unless Hunting is allowed on Open Space. 8.3. It shall be unlawful for anyone to possess or discharge any type of fireworks or model rockets on Open Space. 8.4. Where Hunting is specifically allowed on Open Space, it is unlawful to discharge a firearm within 150 yards of a campsite, developed recreation area, or occupied area 9. Hours of Operation: Open Space is open from sunrise to sunset with the exception of areas designated for camping or posted otherwise. Further exceptions are only given by Commercial Activity or Special Event or Program permits or expressed written consent and permission from the Director or the Director's designee. 10. Commercial Use/ Special Events and Programming: 10.1. Commercial Activities may only occur on Open Space pursuant to a Commercial Activity permit.All approved activity is subject to the Commercial Activity Rules attached hereto and incorporated herein as Attachment 1. Adopted May_2024 4 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC 10.2. Special Events and Programs may only occur on Open Space pursuant to a Special Event or Program permit. Permit processes and requirements are set forth in the Special Events and Program Rules attached hereto and incorporated herein as Attachment 2. 10.3 Commercial Activity permits or Special Event or Program permits may only be issued by the Director or the Director's designee. 10.4 Any User conducting Commercial Activities or Special Events or Programs on Open Space shall indemnify, defend, and hold harmless Eagle County from and against any and all costs, expenses, liabilities,judgments, and claims arising from or in any way related to the occupation or use of Open Space by the User or by the User's licensees, invitees, or guests. Users conducting Commercial Activities or Special Events or Programs on Open Space shall further indemnify the County from and against all costs, attorneys' fees, expenses, and liabilities incurred by Eagle County in the defense of any such claim or any action brought thereon. 11. Pet Animals /Livestock: 11.1.Pet Animals 11.1.1. Pet Animals must be physically leashed at all times unless otherwise posted or designated on the Animal Control Map pursuant to Eagle County's Resolution Concerning the Control, Licensing, Impoundment, and Disposition of Animals, as amended from time to time. 11.1.2. It shall be unlawful and considered a failure to Control a Pet Animal when such Pet Animal is not under Demonstrable Control in areas not requiring a leash. 11.1.3. A single person may walk no more than three Pet Animals. 11.1.4. Users shall pick up Pet Animal waste immediately and either carry it until off Open Space or dispose of it in a trash receptacle on Open Space. Users leaving the scene of Pet Animal waste is considered a failure to remove such waste and is prohibited. 11.1.5. It shall be unlawful to fail to Control any Pet Animal so as to prevent such animal from running after, chasing, pursuing,biting, attacking, or in any other way threatening Livestock or wildlife on Open Space. 11.1.6. Users shall not leave Pet Animals unattended on Open Space. 11.2.Livestock 11.2.1. Livestock are prohibited on Open Space except horses and pack animals such as llamas,burros, and the like on Designated Trails and/or areas used for the purpose of recreation or use identified in a Management Plan, or where specifically permitted pursuant to an agricultural lease, or for land management purposes authorized by the BoCC. Such animals must be under Control at all times. 11.2.2. It is unlawful for any User or to pursue, molest, harass, disturb or kill Livestock on Open Space. Adopted May_2024 5 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 12. Closed Areas: 12.1.It shall be unlawful for any User or a User's Pet Animal(s)to enter, use, or occupy any closed(including seasonal closures) Open Space, or any seasonally closed facility, trail, or any portion thereof, during the time such Open Space, or any portion thereof, is closed to entry, use, or occupancy. 12.1.1. The Director or the Director's designee, in the exercise of full discretion, may determine at any time that a portion or all of any Open Space shall be temporarily or seasonally closed to the public and/or Pet Animals based upon,but not limited to, any of the following grounds, such as: wildlife, natural resource concerns, historic resource concerns, vegetation protection concerns, management actions, contractual agreements, protection of the public health, safety, and welfare, or natural disasters. 12.2.The BoCC in its discretion,may designate Open Space closures of a temporary, permanent, or indefinite nature. 13. Camping/Fires: 13.1.Camping is permitted on Open Space only at designated campsites. 13.2.Fires are permitted on Open Space only at designated campsites or where explicitly permitted by an applicable Management Plan. Fires may occur for maintenance and land management purposes as authorized by the Director or the Director's designee. Fires for maintenance and land management purposes include,but are not limited to, fires for irrigation ditch maintenance, vegetation and noxious weed management, or prescribed fires. 13.2.1. Campfires are permitted on Open Space only at designated campsites. Campfires must be contained within installed metal fire rings or in approved Fire Pans (see Section 13.2.2). It is unlawful to burn campfires during any applicable fire restriction. 13.2.2. Users must not camp, or display an Intent to Camp, at designated campsites without an approved Fire Pan unless a metal fire ring is installed at the campsite. Users shall carry out all ash and fire residue when using a Fire Pan. 13.3.Users may stay at an Open Space designated campsite for a maximum of three(3) days within a fifteen(15) day period unless such designated campsite is posted otherwise. 13.4.Users must comply with any site-specific regulatory signage and booking requirements. 13.5.All Users on Open Space, including designated campsites, must pack out all refuse including human waste. It is unlawful to camp on Open Space, or display an Intent to Camp overnight, without an Approved Portable Toilet with sufficient capacity. Contents of the portable toilet system must be emptied in compliance with federal, state, and local laws. It is unlawful to leave human waste on lands or in waters on Open Space. 13.5.1. Users shall set up an Approved Portable Toilet, ready for use, as soon as practical upon arriving at the campsite to be occupied on an overnight trip. Adopted May_2024 6 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 13.6.Campsites must not exceed a size of 25 people per group (including guides) for Commercial Activities and private river groups. Overnight outfitter use or Commercial Activities at Spencer's Cabin Open Space are prohibited. 13.7.It is unlawful for Users to leave unsecured food or trash at campsites or day use areas. If applicable or available, all food and trash must be stored in the provided bear safe locker. If no bear safe locker is provided on site, unattended food and trash must be stored in sealed(latched, locked, or otherwise secured) container(s) that are constructed of solid, non-pliable material, (i.e., an ammo can, "bearvault," drybox, bear resistant cooler, or similar hard sided container), or in a locked vehicle. 14. Road and Trail Use: 14.1.Unless otherwise posted, equestrians have the right of way in all circumstances in mixed use areas (i.e. horses,bicycles, and pedestrians). All traffic shall yield to equestrians. Bicycle or other wheeled traffic shall yield to pedestrians. Pedestrians and bikers moving downhill must yield to pedestrians and bikers moving uphill. Yielding the right-of way requires slowing down to a safe speed,being prepared to stop, establishing communication, and passing safely. 14.2.The Director or the Director's designee may institute restrictions on specific trails or other Open Space areas when such restrictions are necessary for resource protection or safety related issues. 14.3.Users must utilize designated river access points if a trail system designates such points. 14.4.It shall be unlawful to exceed the speed of twenty(20) miles per hour, or as otherwise posted, on all roadways and parking areas on any Open Space. 15. Vehicle, Motorized, and Equestrian Activity: 15.1.It shall be unlawful to operate any motorized vehicle on Open Space, except in accordance with an associated conservation easement or Management Plan and on Designated Trails, roadways, and parking lots allowing such use. Emergency, maintenance, and patrol vehicles are specifically excluded from this prohibition. 15.2.Launching of motorized watercraft is prohibited on Open Space sites unless posted as permissible or authorized in accordance with an associated conservation easement or Management Plan. 15.3.It shall be unlawful to park motorized or mechanized vehicles or trailers where prohibited or on Open Space not designated or established for such parking. 15.4.Electronic motorized devices and modes of transportation are prohibited on Open Space unless expressly approved in an associated conservation easement or Management Plan or otherwise posted, except for mobility devices by persons with mobility impairments used for accessing Open Space. Prohibited devices include, but are not limited to, electronically powered: bikes (E-bikes); scooters; motorcycles; and all-terrain or off highway vehicles. Adopted May 2024 7 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 15.5.Equestrian activity is permitted only on those routes officially designated and signed to permit such use. Horse traffic is restricted to walk or trot speeds. Use of buggies, carts, or other horse-drawn vehicles is prohibited on all trails. 16. Miscellaneous Prohibited Activities: 16.1.It shall be unlawful to violate any posted regulatory signage on any Open Space including, but not limited to, signage posted at parking lots, trails, and kiosks. 16.2.If Open Space, such as campsites or day use parking lots, requires a permit, fee, or reservation, it must be paid and processed prior to occupation of the Open Space. It shall be unlawful to park, camp, or occupy a permitted or fee area without paying an associated fee, and/or possessing the appropriate permit or reservation. 16.3.Weddings and private parties are not permitted on Open Space. 16.4.It shall be unlawful to launch or operate any motor or non-motorized aircraft on or from Open Space without expressed written consent and permission from the Director or the Director's designee. Such aircraft may be, but are not limited to: aerial drones; hang- gliders; model airplanes; gliders; parachutes; paragliders; or balloons. 16.5.It shall be unlawful to golf or hit golf balls on or onto any Open Space. 16.6.It shall be unlawful to ice skate on any Open Space without expressed written consent and permission from the Director or the Director's designee. 17. Disorderly Conduct: It shall be unlawful for any person to engage in disorderly conduct or any activity within Open Space which interferes with the health, safety, and welfare of Users or neighbors in the area. 18. Interference: It shall be unlawful to interfere or attempt to interfere with any Eagle County staff who are acting in the performance of their duties on Open Space or to give false or misleading information with the intent to mislead staff in the performance of their duties. 19. Exceptions to the Rules and Regulations: Exceptions to these Rules and Regulations may be granted by the Director or the Director's designee for activities that involve the management, maintenance, or protection of Open Space, provided these activities are undertaken or overseen by the Director or the Director's designee. 20. Enforcement: 20.1.Violation of any provision of these Rules and Regulations provisions shall be a civil infraction as provided for in C.R.S. § 29-7-101(2), as amended, and punishable by a graduated fine schedule or as otherwise provided by law. In addition, any person who violates any of these Rules and Regulations may be trespassed from Open Space. Adopted May_2024 8 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 20.2.These Rules and Regulations may be enforced by the Director or the Director's designee, Eagle County Open Space Department staff designated by the BoCC, the Eagle County Sheriff's Office, or any other law enforcement officer. 20.3.Enforcement for any violation of these Rules and Regulations shall occur through the penalty assessment procedure provided in C.R.S. § 16-2-201. 20.4.In the event of any activity in violation of these Rules and Regulations, the County Attorney, in addition to other remedies provided by law or specified herein, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, or abate any unlawful activity, or to remove any improvements on construction resulting from such unlawful activity. In the event that such unlawful activity has damaged any county property, the violator shall be liable for any damage to county property resulting from any such unlawful activity, including, but not limited to, compensation for staff, or contractor, time and for use of county, or contractor, equipment to repair such damage. Any civil action or proceeding can include a claim to recover all such money damages as well as any other fees authorized by law. 21. Schedule and Fines: 21.1.Any violation of these Rules and Regulations, except those provisions related to Hunting, fishing, firearms, and fireworks set forth in Sections 7.1, 7.1.1, 7.1.2, 7.2, 8.1, 8.2, and 8.3 above, shall constitute a civil infraction and shall be punishable by the following graduated fine schedule: $100.00 for the first offense $250.00 for the second offense $500.00 for the third or further offense plus a mandatory court summons. 21.2.Any violation of Sections 7.1, 7.1.1, 7.1.2, 7.2, 8.1, 8.2, and 8.3 of these Rules and Regulations related to Hunting, fishing, firearms, and fireworks shall constitute a civil infraction and shall be punishable by the following graduated fine schedule: $500.00 for the first offense $1000.00 for the second offense plus a mandatory court summons $1,500.00 for the third offense plus a mandatory court summons 21.3.The fines, in the amounts prescribed in this Section shall be applied either through the penalty assessment procedure of C.R.S § 16-2-201, or by the court after conviction. In addition to the fines set forth in this Section, Users in violation of these Rules and Regulations shall also be subject to fees and surcharges mandated by C.R.S. § 16-2.3- 102, as amended. 22. Disposition of Fines: All fines and forfeitures for the violation of these Rules and Regulations and all monies collected by the court for the violation thereof shall be paid to the Eagle County Treasurer's Office and be transferred to the Open Space Fund. Adopted May 212024 9 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 23. Incorporation and Severability: If any provision of these Rules and Regulations or the application thereof to any party or circumstance shall to any extent be invalid or unenforceable, the remainder of these Rules and Regulations and the application of such provision to parties or circumstances other than those to which it is invalid or unenforceable shall not be affected thereby and each provision of these Rules and Regulations shall be valid and be enforced to the fullest extent permitted by law. 24. Amendment: These rules and regulations may be amended from time to time by the BoCC in consultation with the Director or the Director's designee and consistent with applicable Colorado law. 25. Effective Date: All provisions of these Rules and Regulations shall be effective upon adoption by the Board of County Commissioners for Eagle County, Colorado. Adopted May_2024 10 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC ATTACHMENT 1 Eagle County Open Space Commercial Activity Rules 1. Intent: Eagle County(the "County")has created these Open Space Commercial Activity Rules (the "Rules")to establish an equitable process for Users to request and the County to approve Commercial Activity use on Open Space. The Rules provide a process for Users to obtain permission to conduct Commercial Activities on Open Space so long as such use will not conflict with the public's use of Open Space; is not prohibited by a conservation easement or Open Space Management Plan; or does not devalue or diminish the conservation values of the County. Commercial Activities will not take precedence over the enjoyment of Open Space by the County's residents and visitors. 2. Scope: These Rules shall apply to all Commercial Activities conducted on Open Space. Unless otherwise defined herein, the words and terms used in these Rules shall have the meaning as set forth in the Eagle County Open Space Rules and Regulations. These Rules and permitting procedures contained herein may be changed, updated, or modified at any time by Eagle County. 3. Definitions: 3.1 "Commercial Operator" is a person or entity who facilitates an exchange of money for goods or services rendered on Eagle County Open Space or by access facilitated by Eagle County Open Space properties. 3.2 "Commercial User" is any person on Open Space who paid a fee to a permitted Commercial Operator or staff of a permitted Commercial Operator that uses Open Space in any manner permitted by rules including,but not limited to, bicycling,jogging, walking, equestrian, skiing, rafting, kayaking, hunting, and fishing. 3.3 "Designee" is an Eagle County Open Space and Natural Resources Department staff member designated by the Director and/or BoCC. 4. Violation: Violations of these Rules shall be a violation of the Eagle County Open Space Rules and Regulations. Additionally, violations of Eagle County Open Space Rules and Regulations, documented complaints, damages to natural resources by Commercial Users, and/or violations of any conditions or terms of any current Commercial Activity Permit will be considered during the application process for subsequent years, if any, and may result in the denial or limitation of Commercial Activities on Open Space. Violations may result in a notice to correct the violation or the temporary suspension or permanent revocation of a commercial use permit in the County's sole discretion. County staff are authorized to issue a notice to correct any continuing violation in lieu of a suspension or revocation. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 4.1. Appeals: Commercial Operators shall comply with notices to correct issued by staff within ten(10) days of receipt of notification. Failure to timely correct such violations is grounds for suspension or revocation. Upon any suspension or revocation, the Commercial Operator shall not conduct any operations. A temporary suspension or revocation of a Commercial Activity Permit may be appealed by Commercial Operators by submitting a written letter of appeal to the Director within five (5) days of the County's suspension or revocation of a Commercial Activity Permit. The decision of the Director regarding the appeal under these Rules shall constitute a final administrative officer or agency decision. No additional hearing or appeal rights shall be provided to applicants under these Rules. 5. Commercial Use Annual Permit Procedure: The procedure outlined below shall govern the permit process for Commercial Activities for all Open Space. 5.1. Applicants must fill out an online Application: Application is available online here. (Appendix A) or contact the Eagle County Open Space and Natural Resources Department to facilitate completion of such form. 5.2. All Commercial Operators must submit an application annually to the County on or before April 15th for the year the Commercial Activities will take place. 5.3. Commercial Activities applications must be signed by an authorized agent of the Commercial Operator. 5.4. A Commercial Activities Application must include,but is not limited to, the following components: 5.4.1. Operating Plan that includes, but is not limited to,the following: Proposed activity description; anticipated number of users and size of groups; specific dates, timing, or frequency of proposed activities; client safety plan; natural resource protection plan; and parking plan. 5.4.2. Outfitter License (if applicable). 5.4.3. Certificate of Insurance listing the County as an additional insured in accordance with the insurance requirements. (Appendix D). 5.4.4. Initial Use Fee in accordance with the fee schedule. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 5.5. Approval/Denial: The County will provide Commercial Operators a permit (Appendix B) for the Commercial Activities if the County determines the applicant has submitted a complete application and the proposed activities are in accordance with applicable conservation easements, Management Plans, and standards that do not diminish the conservation values and public benefits of the County. The County reserves the right to establish capacity limits, designated areas, or implement other management actions that may limit Commercial Activities to enhance and protect Open Space. 5.5.1. Transfers: Permits for Commercial Activities are non-transferable and are intended for a specific use(s) by a specific Commercial Operator. If a Commercial Operator transfers ownership of a business or organization that is permitted for Commercial Activities on Open Space, the new Commercial Operator will have thirty(30) days to submit a new • Commercial Activities application if they intend to operate Commercial Activities on Open Space. 5.6. End of season reporting: All permitted Commercial Operators on Open Space shall report the total number of Users and total gross receipts from Commercial Activities generated on Open Space properties to the County on or by February 15th for the preceding permit season(Appendix C). Non-compliance with end of season reporting may be cause for denial of Commercial Activities application in subsequent years. 5.7. Renewal: Applications for Commercial Activities on Open Space are required annually. 5.8. Review standards: The County will annually review the Commercial Operator for compliance with permitting requirements, specific Open Space property rules and regulations, and other criteria as deemed necessary. The County reserves the right to suspend or deny approval for Commercial Activities due to non-compliance with Commercial Activities permit conditions and/or repeated violations of these Rules and/or the Eagle County Open Space Rules and Regulations. 5.9. Fee schedule: In order to recover administrative and management costs, the County has developed the following fee schedule for reviewing Commercial Activities Permit applications. Eagle County reserves the right to modify or alter the fee schedule at any time, in its sole discretion. The $115.00 fee is due prior to issuance of the permit. After the end of season reporting data is submitted, any Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC additional fees owed will be calculated and an invoice will be sent to the permit holder. Payment of the use fee in full will be required prior to renewing the permit holder's permit. Commercial Activity Permit Fee $115.00 or three percent(3%) of gross profits generated on Open Space, whichever is greater 5.9.1. Application fees shall be paid to the Eagle County Treasurer's Office and be transferred to the County's Open Space Fund. 6. One-day Photography/Videography Permit Procedures: The procedure outlined below is intended to inform the permit process for one-day photography and videography activities for all Open Space. (Appendix F) 6.1. Applicants must fill out an online application: Application is available online here. (Appendix E) or contact the Eagle County Open Space and Natural Resources Department to facilitate completion of such form. 6.2. All.Commercial Operators must submit an application to Eagle County Open Space five (5) business days in advance of the date on which the photography/videography activity will take place. 6.3. One-day photography/videography permit applications must be signed by an authorized agent of the Commercial Operator. 6.4. A Commercial Activities Application involving photography and videography must include, but is not limited to, the following components: 6.4.1. The date for which the permit is requested, along with an alternate date within 30 days of the preferred date in the event of a postponement or cancellation of the originally scheduled shoot. 6.4.2. The Open Space property for which the permit is requested. 6.4.3. The anticipated number of clients. A one-day photography/videography permit allows you to shoot up to 12 clients. 6.4.4. The anticipated number of staff that will be on site. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 6.4.5. The anticipated gross profits for the day. 6.4.6. An operating plan that includes the following: Proposed activity description; client safety plan; natural resource protection plan; and parking plan. 6.4.7. Certificate of Insurance listing Eagle County as an additional insured. (Appendix D) 6.4.8. $25 one-day photography/videography permit fee. 7. Exceptions and clarifications: 7.1. Fee-for-service operations are considered Commercial Activities. 7.2. Programs and Special Events may require a Commercial Activity Permit if they charge a fee for service. 7.3. Commercial Activities where the County is the primary sponsor or host are exempt from the permit fee. 7.4. The County desires to provide consistent access to Open Space for all of its Users, including its residents, visitors as well as Commercial Operators where deemed appropriate. Should conflicts arise, Commercial Operators shall be prepared to work with Open Space to mitigate the conflict. 8. Refunds: Commercial Activity Permit fees are non-refundable. Revised May 2024 • DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix A Commercial Activities Application Contact Name(Authorized Agent): Contact Email Address: Contact Phone Number: Name of Commercial Operation(Commercial Operator): Where is your business located? Business Phone Number: Business Website: Please select the Open Space property where you would like to operate commercial activities. Note, commercial activities at unlisted trails,properties, or access points are either not permitted or not within Eagle County Open Space's jurisdiction. Additionally, not all types of commercial activities are permitted at every property. Please contact the Open Space department if you have questions about individual properties. • Brush Creek Confluence River Access (Eagle) • Brush Creek Valley Ranch and Open Space (Eagle): Commercial fishing prohibited • Cordillera "L" Open Space (Edwards) • Duck Ponds River Access (Gypsum) • Eagle River Preserve (Edwards) • Homestead "L" Open Space(Edwards) • Horn Ranch Open Space (Wolcott-Eagle) • Horse Creek River Access (Upper Colorado River) • Red Dirt Creek Open Space (Upper Colorado River) • Lake Creek Boat Ramp (Edwards) Operating Plan: Please submit a detailed operating plan for the proposed commercial activities. Please include the proposed activity(ies), operating period and hours, anticipated number of users, plans addressing client safety, natural resource protection plans, parking, and how your operation will be identifiable. Operating Plan template available here: https://docs.google.com/document/d/1gvcVj2CkBlRgb- S89xe9FKvydAdGyw-4/copy This format is not required, but operating plans must, at a minimum, contain all of the information in the template. Failure to include any of these resources may result in a delayed or denied application • CPW/DORA License: Permittees are required to comply with Colorado State rules, regulations, and laws. River Outfitters, please use this section to upload a copy of your State River Outfitters license (CPW) required by state law. Outfitters conducting Hunting and/or fishing trips are required to obtain a State Outfitter registration. Please use this section to upload a copy of your Outfitters License registration(DORA). Hunting and fishing outfitters must also obtain the appropriate hunting and fishing licenses from CPW although they do not need to be submitted with this application. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Land Management Permits: In addition to the required licenses and registrations,please list any other permits for Commercial Use you have to operate on public lands (ex: USFS, BLM, SLB). Insurance: Please use this section to upload the required Certificate of Insurance, listing: Eagle County Government, 500 Broadway, Eagle, CO 81631, as an additional insured. Required COI information is available here: https://drive.google.com/file/d/11 xeICNT8asMTXoey-tExfKCyNNcjk1YL/view Eagle County Open Space Commercial Operator Stewardship Agreement Eagle County acquires and manages properties based on the Open Space Conservation Criteria as provided in Eagle County Resolution 2016-064 establishing the Eagle County Open Space fund. All commercial activities undertaken on Open Space shall recognize the values inherent in these Conservation Criteria and commercial operators understand and agree that their operations must not conflict with any stated purposes for acquiring and preserving Open Space and must be in compliance with all posted rules and regulations, including, but not limited to, the rules and regulations contained in the Eagle County Open Space Rules and Regulations. Additionally, all commercial operators, including guests and staff, engaged in commercial activities on Open Space must follow Leave No Trace principles including, but not limited to, the removal of human waste, natural resource protections (including wildlife), and the consideration of other users. By submission of this application, the commercial operator named on this application agrees to conduct its operations and educate staff and guests in a way that: protects Eagle County's natural resources; prevents and/or attempts to prevent conflicts between other commercial users and/or the public enjoyment of Open Space; and follows Leave No Trace principles. By submitting this application, the commercial operator listed above hereby agrees to abide by all posted rules and regulations on Open Space as well as rules and regulations contained in the Eagle County Open Space Rules and Regulations (linked here: https://drive.google.com/file/d/14zb-XgppzoRgNEJVEbvX5TPwzt2Vffrc/view). Violations of rules and regulations may result in revocation of the issued permit and/or denial of future commercial activities permits. By submitting this application, the commercial operator acknowledges that if a Commercial Activities permit or written permission is granted, the commercial operator will be required to maintain adequate records and report annually to Eagle County, the number of users on Eagle County Open Space associated with the proposed Commercial Activities as well as the total amount of gross receipts generated on Eagle County Open Space by Commercial Activities as permitted by the Commercial Activity permit. Additionally,by submitting this application, the commercial operator agrees that in the event a permit is granted, the commercial operator shall exercise its privileges under and pursuant to the permit at its own risk, and shall indemnify, defend, and hold harmless the County from and against any and all costs, expenses, liabilities,judgments, and claims arising from or in any way Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC related to: (a)the occupation or use of Open Space Properties by the commercial operator or by its licensees, invitees, or guests; (b) the conduct of the commercial operator for its business or any other activity, work or things done, permitted or suffered in or about Open Space properties or elsewhere; (c) any breach or default in the performance of any obligation on the part of the commercial operator to be performed under the terms of the permit; (d) any negligence of the commercial operator or its agents, contractors, or employees, or(e) caused by reason of any condition of Open Space property. The commercial operator shall further indemnify the County from and against all costs, attorneys' fees, expenses, and liabilities incurred by the County in the defense of any such claim or any action brought thereon; and in case any action or proceeding be brought against the County by reason of any such claim, the commercial operator,upon notice from the County, shall defend the same at the commercial operator's expense by counsel satisfactory to the County. The commercial operator, as a material part of the consideration to the County, hereby assumes all risk of damage to property or injury to persons in,upon or about Open Space property arising from any cause other than the negligence of the County or any of the County's agents, contractors, or employees and the commercial operator hereby waives all claims against the County in respect of the risks assumed. By submitting this application, the commercial operator agrees that in the event that unlawful activity associated with a permitted commercial activity has damaged any County property, the the commercial operator shall be liable for any damage to county property resulting from any such unlawful activity, including, but not limited to, compensation for staff, or contractor, time and for use of County, or contractor, equipment to repair such damage. Any civil action or proceeding can include a claim to recover all such money damages. I hereby certify that I am of legal age and am authorized to do business in the State of Colorado. I have personally examined the information contained in this application and certify that this information is correct to the best of my knowledge. I hereby acknowledge that this is an application only, and that the use and occupancy of Eagle County Open Space is not authorized until a Commercial Activities permit or written permission is signed and issued by Eagle County. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix B Eagle County Open Space Commercial Activity Permit This is authorization is for the conditional use of Open Space for Commercial Activities for the period of YYYY (MM/DD/YYYY-MM/DD/YYYY) by (the "Permit"). This Permit is required by the Eagle County Open Space Rules and Regulations. All conditions, rules and regulations, and additional agreements are stated in the Commercial Activity application, which was signed by on behalf of on MM/DD/YYYY. Eagle County requires annual reports of Commercial User numbers on Open Space as well as the total amount of gross receipts generated on Open Space by Commercial Activities allowed under this permit. All reports for YYYY are due by February 15th, YYYY. Eagle County will be auditing use records. Failure to submit use records or inaccurate reporting may result in ineligibility for receiving a permit the following year. Authorized Use: is authorized to use Open Space, easements, and river access areas, including boat launches, in YYYY for Commercial Activities as submitted to Eagle County by the applicant on MM/DD/YYYY. The authorized use is as follows: Commercial fishing is not permitted on Eagle County Open Space properties during voluntary angling closures as implemented by CPW. All clients must carry appropriate licenses as required by CPW. Failure to comply with the above requirements or any Eagle County Open Space Rules and Regulations may result in the revocation of this Permit, fines, or other legal actions. Any violation of Eagle County Open Space Rules and Regulations or any established conditions of the Commercial Activity Rules may result in the termination of current Permit, and such violations may be taken into consideration when reviewing subsequent applications for Commercial Activities and may result in the denial or limited use of Open Space for Commercial Activity. Additionally, Eagle County Open Space recognizes the rules, regulations, and permitting of other land management agencies in Eagle County. Violation of those rules and regulations may be taken into consideration when reviewing subsequent applications for Commercial Activity on Open Space and may result in the denial or limited use of Open Space for Commercial Activity. Eagle County staff appreciates your efforts to be a good steward of Open Space. Issued by: Date: Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix C Eagle County Open Space Commercial Use Log (example) Number of Number Number of Gross Outfitter Date Activity Property Guides of Clients Vehicles Receipts Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix D Insurance Requirements Insurance. Commercial Operator agrees to provide a Certificate of Insurance evidencing the following and maintain at Commercial Operator's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County Government, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Commercial Outfitter's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Commercial Outfitter shall furnish to Eagle County Government separate certificates and endorsements for each subcontractor. iii. The parties hereto understand and agree that Eagle County Government is relying on, and does not waive or intend to waive, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to Eagle County Government, its affiliated entities, successors or assigns, its elected officials, employees, agents, and volunteers. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix E One-Day Photography/Videography Permit Application Contact Name (Authorized Agent): Contact Email Address: Contact Phone Number: Name of Commercial Operation(Commercial Operator): Where is your business located? Business Phone Number: Business Website: Date Requested: Alternate Date: Property: Number of Clients: Number of Staff: Anticipated Gross Profits: Operating Plan: Please use this section to upload your required Operating Plan - include your plans addressing client safety, natural resource protection plans, parking, and how your operation will be identifiable. Operating Plan template available here: https://docs.google.com/document/d/10I8yb-A- EgWtOEV- DA2kAeephA5 V 7EvU/edit?usp=sharing&ouid=1148 5 667795 81001447 83&rtpof=true&sd=true This format is not required, but operating plans must contain all of the information in the template. Failure to include any of these resources may result in a delayed or denied application If you have already submitted an Operating Plan this year, you do not have to submit this again. Insurance: Please use this section to upload the required Certificate of Insurance, listing: Eagle County, 500 Broadway, Eagle, CO 81631, as an additional insured. Required COI information is available here: https://drive.google.com/file/d/11 xeICNT8asMTXoey-tExfKCyNNcjk1YL/view If you have already submitted a COI this year, you do not have to submit this again. Other Agreements: By submitting this application, the contact person and commercial operator listed above hereby agrees to abide by all posted rules and regulations on site as well as rules and regulations that are presented in the Eagle County Open Space Rules and Regulations (linked here: https://drive.google.com/file/d/14zb-XgppzoRgNEJVEbvX5TPwzt2VfTrc/view). Violations of rules and regulations may result in revocation of the issued permit and/or denial of future Commercial Activity permits. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC By submitting this application, I acknowledge that if a Commercial Activity permit or written permission is granted, I will be required to maintain adequate records and report annually to Eagle County Open Space the number of users on Eagle County Open Space associated with the proposed Commercial Activities as well as the total amount of gross receipts generated on Eagle County Open Space by Commercial Activities as permitted by the Commercial Activities permit. Additionally,by submitting this application, the commercial operator agrees that in the event a permit is granted, the commercial operator shall exercise its privileges under and pursuant to the permit at its own risk, and shall indemnify, defend, and hold harmless the County from and against any and all costs, expenses, liabilities,judgments, and claims arising from or in any way related to: (a)the occupation or use of Open Space Properties by the commercial operator or by its licensees, invitees, or guests; (b)the conduct of the commercial operator for its business or any other activity, work or things done, permitted or suffered in or about Open Space properties or elsewhere; (c) any breach or default in the performance of any obligation on the part of the commercial operator to be performed under the terms of the permit; (d) any negligence of the commercial operator or its agents, contractors, or employees, or(e) caused by reason of any condition of Open Space property. The commercial operator shall further indemnify the County from and against all costs, attorneys' fees, expenses, and liabilities incurred by the County in the defense of any such claim or any action brought thereon; and in case any action or proceeding be brought against the County by reason of any such claim, the commercial operator,upon notice from the County, shall defend the same at the commercial operator's expense by counsel satisfactory to the County. The commercial operator, as a material part of the consideration to the County, hereby assumes all risk of damage to property or injury to persons in,upon or about Open Space property arising from any cause other than the negligence of the County or any of the County's agents, contractors, or employees and the commercial operator hereby waives all claims against the County in respect of the risks assumed. By submitting this application, the commercial operator agrees that in the event that unlawful activity associated with a permitted commercial activity has damaged any County property, the commercial operator shall be liable for any damage to county property resulting from any such unlawful activity, including,but not limited to, compensation for staff, or contractor, time and for use of County, or contractor, equipment to repair such damage. Any civil action or proceeding can include a claim to recover all such money damages. I hereby certify that I am of legal age and am authorized to do business in the State of Colorado. I have personally examined the information contained in this application and certify that this information is correct to the best of my knowledge. I hereby acknowledge that this is an application only, and that the use and occupancy of Eagle County Open Space is not authorized until a Commercial Activities permit or written permission is signed and issued by the County. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix F Eagle County Open Space One-day Photography/Videography Permit This is authorization is for the conditional use of Open Space for Commercial Activity for MM/DD/YYYY by (the "Permit"). This Permit is required by the Eagle County Open Space Rules and Regulations Resolution. All conditions, rules, and regulations, and additional agreements are stated in the Commercial Activity application, which was signed by on behalf of on MM/DD/YYYY. Authorized Use: is authorized to use on MM/DD/YYYY for Commercial PhotographyNideography as submitted to Eagle County by the applicant on MM/DD/YYYY. Should the shoot need to be rescheduled, this Permit is also valid for the alternative date of MM/DD/YYYY. Failure to comply with the above requirements or any Eagle County Open Space Rules and Regulations may result in the revocation of this Permit, fines, or other legal actions. Any violation of Eagle County Open Space Rules and Regulations or any established conditions of the Commercial Activity Rules may result in the termination of the current Permits and such violation may be taken into consideration when reviewing subsequent applications for commercial use, if any, and may result in the denial or limited use of Open Space for Commercial Activity. Additionally, Eagle County Open Space recognizes the rules, regulations, and permitting of other land management agencies in Eagle County. Violation of those rules and regulations may be taken into consideration when reviewing subsequent applications for Commercial Activity on Open Space and may result in the denial or limited use of Open Space for such Commercial Activity. Eagle County staff appreciates your efforts to be a good steward of Open Space. Issued by: Date: Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC ATTACHMENT 2 Eagle County Open Space Special Event and Program Rules 1. Intent: Eagle County(the "County") has created these Open Space Special Event and Program Rules (the "Rules") to establish an equitable process for Users to request and the County to approve Special Events and Programs on Open Space as defined herein. The Rules provide a process for Users to obtain permission to conduct Special Events and Programming on Open Space that will not devalue or diminish the County's conservation values. The County desires that these rules enable the public and partnering agencies, non-profits, and municipalities to use Open Space in a manner that protects natural resources, provides educational opportunities, and highlights the County's conserved landscapes. 2. Scope: These rules shall apply to all Special Events and Programs held on Open Space. Unless otherwise defined herein, the words and terms used in these Rules shall have the meaning as set forth in the Eagle County Open Space Rules and Regulations and Eagle County Open Space Commercial Activity Rules. The Rules and processes set forth below apply to only Special Events and Programs and do not apply to Commercial Activities. Nothing included in these Rules is intended to supersede requirements for mass gatherings or other special event requirements contained in the Eagle County Land Use Regulations. The Rules and permitting procedures contained herein may be changed,updated, or modified at any time by the County. 3. Violation: Violations of these Rules shall be a violation of the Eagle County Open Space Rules and Regulations. Additionally, violations of Eagle County Open Space Rules and Regulations, documented complaints, damages to natural resources by Commercial Users, and/or violations of any conditions or terms of any existing Special Event and Program Permit will be considered during the application process for subsequent years, if any, and may result in the denial or limitation of Special Events or Programs on Open Space. 4. Special Event and Program Procedure: The procedure outlined below shall govern the permit process for Special Events and Programs for all Open Space. 4.1. Applicants must fill out an online Special Event and Program request form or contact the Eagle County Open Space and Natural Resources Department to facilitate completion of such form (Appendix A). 4.2. The County must receive request for approval of a Special Event Permit no less than sixty(60) calendar days prior to the proposed Special Event. In its sole discretion, County staff may accept such requests closer to the event or program date. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 4.3. The County must receive requests for approval of Program Permit no less than fourteen(14) days prior to the proposed Program. In its sole discretion, County staff may accept such requests closer to the event or program date. 4.4. Required documentation for Special Events and Programs may include,but is not limited to, organizer contact information, overview of proposal, a safety plan, parking plan, other required permits or licenses, and a certificate of insurance. 4.5. County staff will conduct an initial review of the request for approval to determine consistency with any applicable Open Space Management Plan and conservation easement using the proposed Program or Special Event rubric (Appendix C) and communicate any required revisions or stipulations to the applicant. 4.6. The County will communicate with the conservation easement holder or other parties as required in any applicable Open Space Management Plans to obtain support if necessary. County staff will obtain a formal letter of approval from the conservation easement holder, if necessary. 4.7. County staff will direct applicants to other parties to obtain support, if necessary. This may include adjacent landowners and other partner organizations. It may be necessary for the applicant to show support from identified interests. 4.8. County staff will review comments from other parties if required by any applicable Open Space Management Plans. 4.9. Following review of the application and all required documentation, County staff will make a determination as to whether approve or deny the permit. Staff will provide a written determination to the applicant via email. The approval will be in the form of a permit(Appendix B). Approval may be contingent on notifying emergency services, food/vendor/liquor license requirements, parking plans, and safety elements or other such conditions as may be reasonable required. Denial of a permit may be appealed by submitting a written letter to the Director within five (5) days of the County's denial of the permit. The decision of the Director shall constitute a final administrative officer or agency decision. No additional hearing or appeal rights shall be provided to applicants under these Rules. 4.10. If approved, Staff will add the Special Event or Program to Open Space Programming and Events Calendar. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC 4.11. After the Special Event or Program, the organizer shall provide the participant numbers to staff 4.12. Eagle County will complete an evaluation after the Special Event or Program (Appendix D). 5. Fee Schedule: In order to recover administrative and management costs, the County has developed the following fee schedule for Special Events and Programs. The County reserves the right to modify or alter the fee schedule at any time, in its sole discretion. Special Events 26-100 participants 101-250 participants 250+participants Application Fee $100.00 $150.00 $200.00 Programs 0-25 annual programs 25+ annual programs Annual Fee $0 $100.00 5.1. The County reserves the right to waive or modify application fees for specific Special Events and Programs in its sole discretion. 5.1.1. Any Special Event or Program where Eagle County is the primary organizer is exempt from fees. School sponsored activities that are non-commercial are exempt from fees. 5.1.2. Registered 501(c)(3) organizations operating Special Events or Programs using a"fee for service"model are considered • Commercial Operators and additional permits are required as documented in the Commercial Activity Rules. 5.2. Payment for Special Events is due upon issuance of permit. Annual payments for Programs are due prior to hosting and/or scheduling the 25th annual program. 6. Cancellation Policy: Organizers should communicate Special Event and Program cancellations to Open Space staff as soon as possible. Refunds may be given in the County's sole discretion for Special Events that are canceled due to weather or other unforeseeable conditions. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix A Program and Special Event Application Contact Person: Email: Phone: Host organization(organizer): Special Event or Program Overview: (Please briefly describe the program you are interested in hosting at the Open Space. Please include whether your proposal fits the definition of a "Special Event"or "Program"). Proposed Date: / / Proposed Time: to (start and end) Any specific scheduling considerations?: (is this a series, do you have back up dates, etc.) Total number of participants: (include staff) Is there a cost to attend this program or event? Y/N (circle one) • Please briefly describe the safety plan in the event of an emergency during the event/program: What is the parking plan for participants? Please describe any potential impacts to vegetation and wildlife from your proposal, and what will be done to minimize the impacts. Please describe any potential impacts to adjacent landowners, and what will be done to minimize impacts. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Access to and enjoyment of Open Space property by the general public must be maintained during the approved Special Event or Program. Please comment on the extent to which the proposal would interfere with, compromise, or diminish the ability for others to use the property. Please comment on the consistency of your proposal with the vision of passive recreation and educational opportunities on Eagle County Open Space. Cancellation Policy: Special Events or Programs may not be conducted if severe weather renders trails or open space susceptible to significant natural resource damage. Eagle County Open Space and Natural Resources reserves the right, in its sole discretion, to cancel programs to protect natural resources. In these situations, staff will attempt to work with organizers to reschedule or move the event. If a suitable alternative cannot be reached, the application fee may be refunded in the County's sole discretion. Organizers who wish to cancel an event or program for any reason are asked to contact staff as soon as possible. Cancellation requests that are received within two weeks of the proposed event or program date, will not be eligible for refunds. For cancellation requests that are received two weeks in advance of the scheduled program or event, refunds may be given in the County's sole discretion. Insurance and Assumption of Risk: Organizers of Special Events or Programs are required to submit a certificate of insurance identifying Eagle County as an additional insured. Eagle County may require participants to sign an Assumption of Risk and Release Eagle County staff will do their best to ensure a successful event or program. Please provide complete information to ensure a thorough review process. Special Event and Program applicants will receive a confirmation when the application is submitted. Follow up response from Eagle County staff may include a request for more information, suggested modifications to the proposed use, and/or issuance of permission or denial for reasons that will be explained. Special Event application fees are as follows and are due when the Special Event permit or letter of authorization is issued. 26-100 participants - $100.00 101-250 participants - $150.00 250+participants - $200.00 Fees for programming may be assessed for organizations that host more than 25 programs annually. By submitting this application, organizer listed above hereby agrees to abide by all posted rules and regulations on the Open Space site as well as all Eagle County Open Space Rules and Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Regulations. Violations of rules and regulations may result in the denial of future programming or special event requests and/or fines and other costs to be recovered from event organizers for damages sustained to the Open Space during a program or special event as permitted by Eagle County Open Space Rules and Regulations. Additionally,by submitting this application, organizer agrees that in the event a permit is granted, organizer shall exercise its privileges under and pursuant to the permit at its own risk, and shall indemnify, defend, and hold harmless the County from and against any and all costs, expenses, liabilities,judgments, and claims arising from or in any way related to: (a)the occupation or use of Open Space Properties by organizer or by its licensees, invitees, or guests; (b) the conduct of organizer for its business or any other activity, work or things done,permitted or suffered in or about Open Space properties or elsewhere; (c) any breach or default in the performance of any obligation on the part of organizer to be performed under the terms of the permit; (d) any negligence of organizer or its agents, contractors, or employees, or(e) caused by reason of any condition of Open Space property. Organizer shall further indemnify the County from and against all costs, attorneys' fees, expenses, and liabilities incurred by the County in the defense of any such claim or any action brought thereon; and in case any action or proceeding be brought against the County by reason of any such claim, organizer, upon notice from the County, shall defend the same at organizer's expense by counsel satisfactory to the County. Organizer, as a material part of the consideration to the County, hereby assumes all risk of damage to property or injury to persons in,upon or about Open Space property arising from any cause other than the negligence of the County or any of the County's agents, contractors, or employees and organizer hereby waives all claims against the County in respect of the risks assumed. By submitting this application, Organizer further agrees that in the event that unlawful activity associated with a permitted special event or program has damaged any County property, organizer shall be liable for any damage to county property resulting from any such unlawful activity, including,but not limited to, compensation for staff, or contractor,time and for use of county, or contractor, equipment to repair such damage. Any civil action or proceeding can include a claim to recover all such money damages. Organizer/primary contact Date Organization • Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix B Permit for Special Event or Program Hi, Eagle County Open Space and Natural Resources is pleased to approve the below request for a [Special Event or Program] at the<XXXX7i:XXXXXX>on<XXXXXXXX>. Below is an overview of the approved [Special Event or Program]. Please report back to Open Space staff the number of participants within a week after the [Special Event or Program]. We look forward to seeing your group on Eagle County Open Space! Special Event/Program Organizer: Date Requested: Time: Number of participants: Special Event/Program overview: Comments from Eagle County Open Space and Natural Resources: Upon submitting the application for the Special Event or Program,you agreed to abide by all posted and property specific rules and regulations, any staff conditions agreed to for this request, all Eagle County Open Space Rules and Regulations. You further agreed to assume all risk and indemnify the County for any and all costs, expenses, liabilities,judgments, and claims arising from or in any way related to the Special Event or Program and to compensate the County for any damage to County property. Failure to comply with written rules, staff requests, and/or additional county requirements shall be cause for denial for subsequent event or program applications. By receiving this letter of authorization, you affirm your agreement to all Open Space rules and regulations, including all terms and conditions of the application for the Special Event or Program. Issued by: Date: Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Appendix C Special Event and Program Rubric for Approval and Denial The following rubric was developed to help Eagle County Open Space evaluate Special Events and Programs on Open Space properties to ensure resource protection, satisfactory public user experiences, and consistency with other Eagle County Open Space purposes and values. -; Y ` t' `"7."'+"'d 4 .a.'..; 'ias ` )i eNt4 r F"^" tE� Contact Information Contact info, type of entity, person authorized for contract (organizer) 2 Experience and Qualifications Has the group successfully conducted programs on Open Space previously? 3 Proposed Operation Does the proposed use fit within the conservation values of the Open Space? 4 County and Public Interaction Ability to work with County as a partner and any effects to the general public on open space during the event. 5 Type of Host commercial, non-profit, government, school, etc... are there fees being charged associated with this Special Event or Program? 6 Resource Protections Has the group thoroughly addressed resource protection, stewardship, and impacts to wildlife? 7 Logistics Is there a parking plan, will this be advertised to the public, will Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC the event result in additional costs to Eagle County? What is the total#of participants expected? 8 Timeliness Was the proposal received allowing time to contact neighbors, vested interests, etc. Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051DE86F36CC Appendix D Special Event and Program Evaluation Form This form is used by Eagle County after the Special Event or Program to document any uses inconsistent with the conservation values or property specific Management Plan. Number Criterion Satisfactory/ Rationale/Notes Unsatisfactory 1 Contact Information Contact information provided(organizer) 2 Experience and Qualifications Has group successfully conducted programs on Open Space previously? 3 Proposed Operation Did the observed program resemble the proposed program? 4 County and Public Interaction Were there any conflicts with other users or was access or experience diminished? 6 Resource Protections Did the program/event compromise any resource protections? Were they stewards of Open Space? Were there wildlife impacts? 7 Logistics Was the advertising consistent with the program and Open Space values? 8 Timeliness Revised May 2024 DocuSign Envelope ID:CA778775-09E7-4433-9AA4-051 DE86F36CC Was the proposal received allowing time to contact neighbors, vested interests, etc.? Did the organizer report participant numbers in a timely fashion? Revised May 2024