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HomeMy WebLinkAboutC25-070 MOU USFS_stock pasturing Office of the County Manager 970-328-8604 970-328-8629(f) eagleadmin@eaglecounty.us www.eaglecounty.us 500 Broadway, P.O. Box 850, Eagle, Colorado 81631 January 22, 2025 Leanne Veldhuis District Ranger Eagle/Holy Cross Ranger District USDA Forest Service White River National Forest PO Box 190 Minturn CO 81645 Re: Pasturing of Stock Dear Ms. Veldhuis: I am writing to express our understanding and agreement concerning the USDA Forest Service (“USFS”) placing up to 10 USFS owned horses or mules (“Stock”) on the horse pasture property located in Eagle, Colorado, which is currently owned by Eagle County. The property is more fully identified by the red rectangle on the attached Exhibit A to this letter (“Property”). Eagle County understands that the USFS will locate Stock to graze on the Property commencing February 1, 2025 and the Stock will be removed from the Property no later than February 1, 2026 (“Term”). In exchange for the USFS pasturing the Stock on the Property, USFS will be responsible for managing the ditch, which is identified as “Ditch #2” on Exhibit A, and irrigation on the Property during the Term hereof. In addition, during the Term, USFS will also be responsible for weed and pest control on the Property. USFS shall maintain its own insurance or self-insurance during the Term and the Parties agree that USFS is using the Property at its own risk and Eagle County is not responsible for any damage or injury to Stock, or to USFS property, personnel, or equipment resulting from the use of the Property. The Parties acknowledge that in the past, a third party has made certain unfounded assertions or claims related to property damage associated with water traveling through and/or management of Ditch #2. Each Party may own certain water rights in Ditch #2 which give rise to various rights and obligations under the law. Those water rights and any related benefits or burdens associated therewith are not intended to be addressed by this letter Agreement and the USFS and County are each separately responsible for their respective water rights and related obligations, if any. As a result, there are no intended third-party beneficiaries to this Agreement and neither Party assumes any responsibility to any third party. The County and the USFS are not waiving any of their rights to protections as set forth in the Colorado Governmental Immunity Act or as otherwise may be permitted by applicable law. Docusign Envelope ID: 8D4F806F-B4FE-47A0-A035-B2941AB30EF1 Office of the County Manager 970-328-8604 970-328-8629(f) eagleadmin@eaglecounty.us www.eaglecounty.us 500 Broadway, P.O. Box 850, Eagle, Colorado 81631 Should either Party desire to terminate this Agreement for any reason before February 1, 2026, written notice at least 30 days in advance of such termination shall be given to the other Party. Notice should be given to: Ron Siebert Jessica Pettee Facilities Project Manager EZ Range Management Specialist Eagle County White River National Forest\ 3289 Cooley Mesa Road Eagle/Holy Cross Ranger District Building A 125 W. Street/ P.O. Box 720 Gypsum, CO 81637 Eagle, CO 81631 P.O. Box 850 Phone 970-328-5869 Eagle, CO 81631 jessica.pettee@fs.fed.us Phone 970-328-8881 ron.seibert@eaglecounty.us Please sign below to acknowledge and accept the terms of this letter. If you have any questions do not hesitate to contact me. Sincerely, Jeff Shroll County Manager Acknowledged and accepted this ______ day of ___________________, 2025. By: ___________________________________ Leanne Veldhuis, District Ranger Docusign Envelope ID: 8D4F806F-B4FE-47A0-A035-B2941AB30EF1 3rd February EXHIBIT ADitch #2Docusign Envelope ID: 8D4F806F-B4FE-47A0-A035-B2941AB30EF1