HomeMy WebLinkAboutNATURAL FORT GRAZING - CONTRACT - RFP - 7131 MEADOW SPRINGS RANCH GRAZING LEASEMEADOW SPRINGS RANCH
GRAZING LEASE AGREEMENT
��THIS G ING LEASE AGREEMENT ("Lease"), is made and entered into this
�i/ day of 2011, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation (hereinafter referred to as the "Lessor"), and
NATURAL FORT GRAZING, LTD., a Colorado corporation (hereinafter referred to as
the "Lessee").
WITNESSETH:
WHEREAS, the Lessor is the owner of that certain real property, together with
any improvements located thereon, situated in the Counties of Larimer and Weld, State of
Colorado, consisting of approximately 26,582 acres of land, commonly, known as
Meadow Springs Ranch, the legal description of which is set forth in Exhibit "A"
attached and incorporated herein by reference (the "Leased Premises"); and
WHEREAS, the Lessor desires to lease the Leased• Premises to the Lessee for
livestock grazing purposes only, and the Lessee desires to lease the Leased Premises from
the Lessor for livestock grazing purposes only.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and .
agreements herein contained, and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties do hereby covenant, promise,
and agree to and with each other as follows:
Article I. Lease of the Leased Premises.
1.1 The Lessor does hereby lease, demise, and let unto the Lessee, and the
Lessee does hereby hire and take from the Lessor the Leased Premises, for use for
grazing purposes and related uses as more specifically described herein.
1.2 Lessor reserves the right in the future to exclude from the Leased
Premises that portion of the Leased Premises legally described as Section 18, Township
11 North, Range 68 West of the 6a' P.M., County of Larimer, State of Colorado,
identified as "Round Butte" on Exhibit "B", attached and incorporated by reference. If
in any year Lessor wishes to exclude Round Butte from the Leased Premises, Lessor
must give Lessee notice of such exclusion prior to May 15 of such year, and Lessor will
be solely responsible for fencing off Round Butte from the rest of the Leased Premises.
1.3 This Lease includes all the grazing -related improvements located upon the
Leased Premises including, but not limited to, the "Ranch Headquarters" house and
assignment does not relieve the Lessee from any obligation under this Lease unless the
Lessor expressly agrees in writing to relieve the Lessee from such obligation.
11.2 If Lessee assigns this Lease or sublets or allows anyone other than the
Lessee to occupy the Leased Premises or any part thereof without the prior written
consent of the Lessor as required in paragraph 11.1 above, the Lessor may terminate this
Lease, or may collect rent from the assignee, subtenant, or occupant, and employ the net
amount collected to the rent herein reserved; and no such collection shall be deemed a
release of the Lessee from the complete performance of its obligations under this Lease.
ARTICLE XII. Mechanic's Liens.
12.1 The Lessee agrees to pay or cause to be paid promptly all bills and charges
for material, labor, or otherwise in connection with or arising out of any alterations,
additions, maintenance, repairs, or changes made by the Lessee or its agents or subtenants
to the Leased Premises; and the Lessee agrees to hold the Lessor free and harmless
against all liens and claims of liens for such labor and materials, or either of them, filed
against the Leased Premises or any part thereof and from and against any expense and
liability in connection therewith. The Lessee further agrees to discharge (either by
payment or by filing the necessary bond) any mechanic's, materialman's, or other liens
against the Leased Premises arising out of any payment due or alleged to be due for any
work, labor, services, materials, or supplies claimed to have been furnished at the
Lessee's request in, on, or about the Leased Premises and to indemnify the Lessor against
any lien or claim of lien attached to or upon the Leased Premises or any part thereof by
reason of any act or omission on the Lessee's part. The Lessee does, however, have the
right to contest any mechanic's lien or claims filed against the Leased Premises, provided
the Lessee diligently prosecutes any such contest and at all times effectively stays or
prevents any sale of the Leased Premises under execution or otherwise and pays or
otherwise satisfies any final judgment adjudging or enforcing such contested liens and
thereafter procures record satisfaction of the release thereof. The Lessee also agrees in
any such contest, at the Lessee's cost and expense, to defend the same on behalf of the
Lessor.
ARTICLE )III. Condemnation
13.1 If, as a result of any exercise of the power of eminent domain (hereinafter
referred to as "proceedings"), either of the following happen: (a) the title to the whole or
substantially all of the Leased Premises is taken; or (b) the Leased Premises are deprived
of adequate ingress or egress to or from all public streets and highways abutting the
Leased Premises, and the Lessee cannot reasonably operate upon the remainder of the
Leased Premises at the time of such taking, then this Lease will terminate as of the date
of such taking pursuant to such Proceedings. For the purpose of construing the
provisions of this Article, "Proceedings" includes any negotiated settlement of any matter
involved in a condemnation; and a "taking" is deemed to occur when title to the Leased
Premises or possession thereof is acquired by another governmental authority, whichever
first occurs.
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13.2 If, during the term of this Lease, title to less than the whole or title to less
than substantially all of the Leased Premises is taken in any such Proceedings and the
Lessee can reasonably operate on the remainder of the Leased Premises at the time of
such taking, this Lease will not terminate. However, the Lessee's obligation to pay rent
as provided in Article III. above, will be adjusted accordingly.
13.3 All damages awarded for any taking described in this Article are the
property of the Lessor.
ARTICLE XIV. Total or Partial Destruction.
14.1 If, during the term of this Lease, the Leased Premises or a substantial part
thereof is destroyed or so damaged by fire or other casualties so as to become unusable
for livestock grazing purposes, then, at Lessee's option, the term hereby created will
cease; and this Lease will become null and void from the date of such damage or
destruction; and the Lessee must immediately surrender the Leased Premises and its
interest therein to the Lessor. The Lessee must exercise such option to terminate this
Lease by notice in writing delivered to the Lessor within thirty (30) days after such
damage or destruction. The Lessee will continue to be liable to the Lessor for all rent
accruing up to the date of termination of this Lease. If the Lessee does not elect to
terminate this Lease, this Lease will continue in full force and effect.
14.2 If the Leased Premises are only slightly injured by fire or the elements so
as not to render the same unusable for livestock grazing purposes, then the Lessor will
repair the same with all reasonable speed. Lessee is not entitled to any compensation or
off -set from or claim against the Lessor for any inconvenience or annoyance arising from
the necessity of repairing any portion of the Leased Premises, however the necessity may
occur.
ARTICLE XV. Holding Over.
15.1 Any holding over after the expiration of the term of this Lease Agreement
or any extended term thereof, with the written consent of the Lessor, will be construed as
a tenancy from month -to -month on the same terms and conditions herein specified and at
the same rental provided for herein.
ARTICLE XVI. Default of Lessee.
16.1 If any one or more of the following events (hereinafter referred to as "an
event of default") happens:
(a) The Lessee defaults in the due and punctual payment of the rent or any
other amounts required to be paid hereunder and such default continues
for ten (10) days after the receipt of written notice from the Lessor; or
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(b) The Lessee neglects or fails to perform or observe any of Lessee's
obligations hereunder and the Lessee fails to remedy the same within
thirty (30) days after the Lessee receives written notice from the Lessor
specifying such neglect or failure (or Lessee fails to begin such cure
within said thirty (30) days and proceed with due diligence to complete
said cure when the default if it is of such a nature that it cannot be cured
within said thirty (30) day period); or
(c) The Lessee: (i) is adjudicated as bankrupt or insolvent; (ii) files a petition
in bankruptcy or for reorganization or for the adoption of an arrangement
under the Bankruptcy Act (as now constituted or in the future amended);
or (iii) makes an assignment of its property for the benefit of its creditors;
or
(d) The Lessee neglects or fails to perform or observe any of Lessee's
obligations under this Lease within one hundred and eighty (180) days
after prior notice of any such neglect or failure, whether or not such prior
neglect or failure was remedied within the time period provided in
subparagraph (a) or (b), above.
Then, and in any one or more such events of default, the Lessor has the right, at its
election and while any such event of default continues, to give the Lessee written notice
of its intention to terminate this Lease on the date of such given notice or any later date
specified therein; and on such specified date, the Lessee's right to possession of the
Leased Premises will cease; and this Lease will thereupon be terminated. The Lessor
may then re-enter and take exclusive possession of the Leased Premises or any part
thereof and repossess the same as the Lessor's former estate and expel the Lessee and
those claiming through or under the Lessee and remove the property and effects of both
or either (forcibly, if necessary) without being deemed guilty of any manner of trespass
and without prejudice to any remedies for arrearages of rent or preceding breaches of
covenants.
16.2 Alternatively, the Lessor may elect if an event of default occurs not to
terminate this Lease, but the Lessor will still have the right to elect to retake exclusive
possession of the Leased Premises by evicting the Lessee if the Lessee has not otherwise
abandoned the Leased Premises. In the event the Lessor elects to so take exclusive
possession, the Lessee will not be relieved of its obligations and liabilities under the
Lease, all of which will survive such repossession. In the event of such repossession, the
Lessee must pay to the Lessor as current liquidated damages:
A. The then value of the rent and other sums as herein provided which would
be payable if such repossession had not occurred; less
B. The net proceeds, if any, of any reletting of the Leased Premises after
deducting all of the Lessor's expenses in connection with such reletting,
including, without limitation, all repossession costs, brokerage
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commissions, legal expenses, attorneys fees, expenses of employees, and
necessary alteration costs and expenses in preparation of such reletting.
The Lessee must pay such damages to the Lessor within thirty (30) days after receiving
written notice from the Lessor of such damages. If the Lessor must commence any action
or proceeding to collect the foregoing amounts, or to enforce any other obligation of the
Lessee under this Lease, the Lessor will be entitled to reimbursement for all costs and
expenses and legal fees incurred in said matter, including reasonable attorney's fees.
ARTICLE XVII. Attorneys Fees.
17.1 The Lessee agrees to pay and indemnify the Lessor against all legal costs
and charges, including attorneys fees, lawfully and reasonably incurred in obtaining
possession of the Leased Premises after default of the Lessee or termination of this Lease,
incurred in enforcing any covenant of the Lessee herein contained or any right granted to
the Lessor, and incurred in collecting any rent, monies, or other damages owed by the
Lessee to the Lessor under this Lease.
ARTICLE XVIII. Lessee to Save Lessor Harmless.
18.1 The Lessee covenants that it will indemnify, release and hold the Lessor,
and its officers and employees, harmless from all claims, demands, judgments, costs, and
expenses, including attorneys fees, arising out of any accident or occurrence causing
injury to any person or property whomsoever or whatsoever due directly or indirectly to
the use or neglect of the Leased Premises or any part thereof by the Lessee and its
officers, agents, employees, licensees, and invitees or any entity or person (and their
officers, agents, employees, licensees, and invitees) holding under the Lessee, unless such
accident or occurrence results solely from the tortious misconduct or negligent act or
omission on the part of the Lessor, or its officers and employees; and the Lessee will
indemnify and hold harmless the Lessor, and its officers and employees, from all
damages and all penalties arising out of any failure of the Lessee, in any respect, to
comply with all of the requirements and provisions of this Lease Agreement; and the
Lessee covenants that the Lessee will keep and save the Lessor, and its officers and
employees, and the Lessor's interest in and unto the Leased Premises forever harmless
from any penalty, damage, or charge imposed by any violation of any laws, whether
occasioned by an act or omission of the Lessee, or by another or others in the Leased
Premises holding under or through the Lessee. In addition, the Lessor, and its officers
and employees, will not be liable to the Lessee for any livestock injuries or deaths,
regardless of cause, incurred in connection with such livestock grazing upon the Leased
Premises under this Lease Agreement, unless such injuries or deaths result from a
negligent act or omission of the Lessor. However, any liability of the Lessor, or of its
officers and employees, to the Lessee is subject to all the defenses, immunities, and
limitations of the Colorado Governmental Immunity Act (Section 24-10-101, et sea.) and
to any other defenses, immunities, and limitations to liability available to the Lessor, and
its officers and employees, under the law.
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ARTICLE XIX. Notices.
19.1 Any notice or other communication given by either party to the other
relating to this Lease Agreement must be hand -delivered or sent by registered or certified
mail, return receipt requested, or by overnight commercial courier, addressed to such
other party at its respective addresses set forth below; and such notice or other
communication will be deemed given when so hand -delivered or three (3) business days
after so mailed, or the next business day after being deposited with an overnight
commercial courier:
If to the Lessor:
Water Reclamation and Biosolids Manager
City of Fort Collins
Attn: Stephen H. Comstock
3036 Environmental DR
Fort Collins, CO 80525
With a copy to:
City of Fort Collins
Real Estate Services
300 LaPorte Ave.
P.O. Box 580
Fort Collins, CO 80522
If to the Lessee:
Natural Fort Grazing, Ltd.
c/o Ted Swanson
701 E. County Rd. 76
Wellington, CO 80549
With a copy to:
Natural Fort Grazing, Ltd.
c/o James Dilka
34528 W. County Rd. 74
Briggsdale, CO 80611
ARTICLE XX. Hazardous Material.
20.1 As used herein, the term "Hazardous Material" means any hazardous or
toxic substance, material, or waste which is or becomes regulated by any local
governmental authority, the State of Colorado or the United States Government. The
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term "Hazardous Material" includes, without limitation, any material or substance that is:
(i) defined as a "hazardous substance" under applicable state law provisions; (ii)
petroleum; (iii) asbestos; (iv) designated as "hazardous substance" pursuant to Section
311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1321); (v) defined as
"hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and
Recovery Act (42 U.S.C. Section 6903); (vi) defined as a "hazardous substance" pursuant
to Section 101 of the Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. Section 9601); or (vii) defined as a "regulated substance"
pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground
Storage Tanks) (42 U.S.C. Section 6991).
20.2 The Lessee must not cause or permit any Hazardous Materials to be
brought upon, kept, or used in or about the Leased Premises by the Lessee, its officers,
agents, employees, contractors, licensees, or invitees, without the prior written consent of
the Lessor (which the Lessor will not unreasonably withhold as long as the Lessee
demonstrates to the Lessor's reasonable satisfaction that such Hazardous Material is
necessary or useful to the Lessee's operation; that it will be used, kept, and stored in a
manner that complies with all laws regulating any such Hazardous Material and will
protect and preserve the Leased Premises and any other property in a safe and
environmentally sound condition; and that the Hazardous Material will not materially
interfere with the Lessor's use of the Leased Premises or cause damage to said Leased
Premises.) If the Lessee breaches the obligation stated in the preceding sentence, or if the
presence of Hazardous Material on the Leased Premises caused or permitted by the
Lessee results in contamination of the Leased Premises or if contamination of the Leased
Premises by Hazardous Material otherwise occurs for which the Lessee is legally liable to
the Lessor for damage resulting therefrom, then the Lessee will indemnify, defend, and
hold the Lessor, and its officers and employees, harmless from any and all claims,
judgments, damages, penalties, fines, costs, liabilities, or losses (including, without
limitation, diminution in value of the Leased Premises, damages for the loss or restriction
on use of the Leased Premises, and sums paid in settlement of claims, attorneys fees,
consulting fees, and expert fees), which arise during or after the Lease term as a result of
such contamination. Lessee's indemnification of the Lessor includes, without limitation,
any costs incurred in connection with any investigation of site conditions or any clean-up,
remedial, removal, or restoration work required by any federal, state, or local
governmental agency or political subdivision because of Hazardous Material present in
the soil or ground water on or under the Leased Premises. Without limiting the
foregoing, if the presence of any Hazardous Material on the Leased Premises caused or
permitted by the Lessee results in any contamination of the Leased Premises, the Lessee
must promptly take all actions at its sole expense as are necessary to return to the Leased
Premises to the condition existing prior to the introduction of any such Hazardous
Material to the Leased Premises; provided that Lessee will first obtain the Lessor's
written approval of such action, which approval will not be unreasonably withheld so
long as such action would not potentially have any material adverse effect on the Leased
Premises or the Lessor's use of the Leased Premises.
ARTICLE XXI. Time of the Essence.
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21.1 Time is of the essence of this Lease Agreement and each and every
provision hereof.
ARTICLE XXII. Access and Use By Lessor.
22.1 The Lessor, and its officers, employees, and any other person properly
authorized by the Lessor, shall at all times retain the right to enter upon and use the
Leased Premises for any purpose.
ARTICLE XXIII. Ranee Management and Conservation Programs.
23.1 The Lessor and the Lessee agree to establish and operate a Range
Management Advisory Committee (hereinafter referred to as "the Committee") for the
purpose of enhancing communications between the Lessor and the Lessee in connection
with their respective performance under this Lease Agreement and to provide assistance
and recommendations concerning matters arising under this Lease Agreement. The
Committee will review and make recommendations regarding range management and
conservation matters, including, but not be limited to: (a) recommendations to Lessor on
grazing related issues; (b) assistance in creating a ranch improvement plan and schedule
to help the Lessor address loner range planning issues; (c) assistance in development of
land management practices in the areas of vegetative diversity, conservation of threatened
and endangered species such as the Colorado butterfly plant, and noxious plant
management; and (d) working with the Colorado Division of Wildlife to help maintain
wildlife populations at sustainable levels to match existing forage conditions, and other
conservation plans and programs.
23.2 The Lessee agrees to cooperate with the Lessor in connection with the
development of the Grazing Plan for the Leased Premises, as described in Section 4.3,
research programming and evaluation related to range management and restoration and
conservation of plant and animal species and resource protection, during the term of this
Lease Agreement.
23.3 To support range management evaluation and research efforts, and to
provide consulting expertise to Lessee in connection with Lessee's development of the
Grazing Plan, monitoring and management of range conditions and the time and pattern
of grazing rotations based on range and weather conditions, the Lessee shall hire, at the
Lessee's cost, a range management expert who must first be approved in writing by the
Lessor. During the term of this Lease, the Lessor agrees to reimburse the Lessee for one-
half (1/2) of the Lessee's cost for such range management expert, provided that such
reimbursement by the Lessor shall not exceed Three Thousand Five Hundred Dollars
($3,500.00) in any one year, and shall be given as a credit against Lessee's lease
payment. In addition, the Lessee shall be solely responsible for hiring and paying any
and all other experts that may be needed to carry out Lessee's range management
obligations under this Lease, the hiring of which must also first be approved in writing by
the Lessor.
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23.4 Prior to commencing livestock grazing on the Leased Premises, the
Lessee's range management expert shall submit a written report to the Lessor evaluating
current range conditions and recommending a date to initiate livestock grazing (but not
before May 15), and a draft Grazing Plan for Lessor's review. Further written
evaluations to the Lessor from said expert shall be due on July 15 and September 15 of
each year of the term of this Lease. The September 15 evaluation shall include a
recommended date for the cessation of livestock grazing for that grazing season.
23.5 On or before December 31 of each year of the term of this Lease, the
Lessee shall submit a preliminary report to the Lessor on the outcomes and results of the
implementation of the Grazing Plan and the condition of grazing range, and other
property conditions that have resulted from the implementation of the Grazing Plan
during the annual term of the Lease (a "Range Report"). The final Range Report
regarding each grazing season under this Lease Agreement shall be due to the Lessor no
later than March 1 of the succeeding year.
ARTICLE XXIV. "AS -IS" Nature of Leased Premises.
24.1 The Lessee acknowledges and agrees that the Lessor has not made, does
not make, and specifically negates and disclaims any representations, warranties,
promises, covenants, agreements, or guarantees of any kind or character whatsoever,
whether expressed or implied, oral or written, past, present, or future, of, as to,
concerning or with respect to the Leased Premises and; (a) the value, nature, quality, or
condition of the Leased Premises, including, without limitation, the water, soil, and
geology of the Leased Premises; (b) the income to be derived from the Leased Premises;
(c) the suitability of the Leased Premises for any and all activities and uses which the
Lessee may conduct thereon including the grazing of livestock; (d) the compliance of or
by the Leased Premises or its operation with any laws, rules, ordinances, regulations of
any applicable governmental authority or body; (e) the habitability, merchantability,
marketability, profitability, or fitness for a particular purpose of the Leased Premises; (f)
the manner or quality of the construction or materials, if any, incorporated into the
improvements located on the Leased Premises; (g) the manner, quality, state of repair or
lack of repair of the improvements located on the Leased Premises; or (h) any other
matter with respect to the Leased Premises and the improvements located thereon, and
specifically, that the Lessor has not made, does not make and specifically disclaims any
representations regarding compliance with any environmental protection, pollution, or
land use laws, rules, regulations, orders, or requirements, including solid waste, as
defined by the U.S. Environmental Protection Agency regulated at 40 CY R.,.Part 261, or
the disposal or existence, in or on the Leased Premises, of any hazardous substance, as
defined by the Comprehensive Environmental Response Compensation and Liability Act
of 1980, as amended, and regulations promulgated thereunder. The Lessee further
acknowledges and agrees that having been given the opportunity to inspect the Leased
Premises, and the improvements located thereon, the Lessee is relying solely on its own
investigation of the Leased Premises and not on any information provided or to be
provided by the Lessor. The Lessee further acknowledges and agrees that any
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information provided or to be provided with respect to the Leased Premises was obtained
from a variety of sources and that the Lessor has not made any independent investigation
or verification of such information and makes no representations as to the accuracy or
completeness of such information. The Lessee agrees that the Lessor is not liable or
bound in any manner by any verbal or written statements or representations, or
information pertaining to the Leased Premises, or the improvements located thereon, or
the operation thereof, furnished by any real estate broker, agent, employee, servant, or
other person. The Lessee further acknowledges and agrees that to the maximum extent
permitted by law, the lease of the Leased Premises as provided herein is made on an "AS -
IS" condition and basis with all faults. It is understood and agreed that the rent provided
for under this Lease Agreement and any other consideration provided by the Lessee
under this Lease Agreement has been adjusted and taken into consideration by the Lessee
to reflect that all of the Leased Premises is being leased by the Lessee from the Lessor
subject to the foregoing.
ARTICLE XXV. General Provisions.
25.1 Words of the masculine gender include the feminine and neuter gender;
and when the sentence so indicates, words of the neuter gender refer to any gender.
Words in the singular include the plural and vice versa.
25.2 This Lease Agreement is to be construed according to its fair meaning and
as if prepared by both parties hereto and is deemed to be and contain the entire
understanding and agreement between the parties hereto. There shall be deemed to be no
other terms, conditions, promises, understandings, statements, or representations,
expressed or implied, concerning this Lease Agreement unless set forth in writing and
signed by both of the parties hereto.
25.3 The Article headings used herein are for convenience of reference only
and in no way define or limit the scope or intent of any provision under this Lease
Agreement.
25.4 Subject to the provisions hereof, the benefits of this Lease Agreement and
the burdens hereunder inure to and are binding upon the parties hereto and their
respective heirs, administrators, successors, agents and permitted assigns.
25.5 This Lease will be governed by and its terms construed under the laws of
the State of Colorado. Any judicial proceedings commenced by either party to enforce
any of the obligations, covenants, and agreements contained herein, must be commenced
in the Larimer County District or County Courts.
25.6 Nothing contained herein is deemed or should be construed by the parties
nor by any third party as creating the relationship of principle and agent or a partnership
or a joint venture between the parties, it being agreed that none of the provisions set forth
herein nor any acts of the parties will be deemed to create a relationship between the
parties other than the relationship of lessor and lessee.
is
25.7 Failure of the Lessor to exercise any right or rights accruing to it by virtue
of the Lessee's breach of any covenant, condition, or agreement herein does not operate
as a waiver of the exercise of such right or rights in the event of any subsequent breach
by the Lessee, nor will the Lessee be relieved thereby from its obligations under the terms
of this Lease Agreement.
25.8 This Lease Agreement is made for the sole and exclusive benefit of the
Lessor and the Lessee, their successors and assigns, and it is not made for the benefit of
any third party.
25.9 The remedies of the Lessor under this Lease are cumulative; no one of
them should be construed as exclusive of any other or of any other remedy provided by
law.
25.10 The Lessor reserves the right to grant to any third party such easements
and rights -of -way as it desires over, across, and under portions of the Leased Premises
and to lease all or any portion of the Leased Premises to any other third party so long as
such easements, rights -of -way, and leases do not unreasonably interfere with the Lessee's
continuing use of the Leased Premises as provided in this Lease Agreement.
25.11 No act or thing done by the Lessor or the Lessor's officers or employees
during the term hereof will be considered as an acceptance of the surrender of the Leased
Premises, and no agreement to accept such surrender will be valid unless in writing
signed by the Lessor.
25.12 The Lessee, upon the expiration or termination of this Lease, either by
lapse of term or otherwise, agrees to peacefully surrender to the Lessor the Leased
Premises, including the improvements located thereon together with any alterations,
additions, and changes made to such improvements by the Lessee during the term of this
Lease Agreement, in good repair, as hereinabove provided, except for acts of God,
ordinary wear, and damage by fire or other casualty not caused by the negligence of the
Lessee or anyone under the Lessee's control.
25.13 The Lessee acknowledges and agrees that the Lessee has not relied upon
any statements, representations, agreements, or warranties except such as they are
expressed herein.
25.14 If any covenant, condition, or provision of this Lease Agreement is held to
be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
a covenant, condition, or provision will not in any way affect any of the other covenants,
conditions, or provisions of this Agreement, provided that the invalidity of any such.
covenant, condition, or provision does not materially prejudice either the Lessee or the
Lessor in their respective rights and obligations under the valid covenants, conditions,
and provisions of this Lease Agreement.
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associated corrals and outbuildings, located as shown on Exhibit B. Lessee must ensure
that its officers and employee(s) working or residing on the Leased Premises, their
dependents, and any guests, strictly comply with the requirements and restrictions set
forth in this Lease Agreement, and with all applicable laws, regulations and other legal
requirements, in connection with the use or occupation of the Leased Premises.
1.4 This Lease does not include the right to use or occupy the facilities
identified on Exhibit B as "Jordan's House", "Elliot House", or the `Biosolids
Headquarters." Lessor reserves for itself, its agents, contractors, and any tenants of
Jordan's House, the right to access and use those facilities for any purpose consistent
with Lessee's rights under this Lease Agreement.
Article II. Term.
2.1 The term of this Lease is for a period of one (1) year, commencing as of
12 noon on the 0 day of January, 2011. The term of the Lease shall automatically
renew each year for each of nine (9) additional successive years continuing until 12 noon
on the 31'` day of December, 2020, unless terminated by operation of law or as otherwise
provided in this Lease Agreement. Either party may cancel this Lease at any time upon
one hundred eighty (180) days advanced written notice to the other.
Article III. Rent.
3.1 Except as otherwise provided in this Lease, the Lessee will pay to the
Lessor rent calculated based upon the formula of a fixed dollar amount for each animal
unit grazed each month upon the Leased Premises (animal unit month or AUM) per year.
For the first one-year term of this Lease, the amount of rent will be Fifteen Dollars and
Fifty Cents ($15.50) per AUM for 1100 AUMs, for a total annual rent in the amount of
Seventeen Thousand Fifty Dollars ($17,050.00). The dollar amount per AUM will
remain the same for the second through fifth terms of this Lease. Beginning with the
sixth year of this Lease, and for each year thereafter, the amount of rent will be Sixteen
Dollars and Fifty Cents ($16.50) per AUM. The parties will determine the number of
AUMs for each one year term of the lease as part of the development of the Grazing Plan
described in Section 4.3, below. Lessee will pay the total annual rental for each one year
term of this Lease, without demand or notice, as follows: thirty percent (30%) of the total
due and payable on May 15 and seventy percent (70%) on December 1 of each year.
3.2 For purposes of this Lease, an animal unit (AU) shall be defined as
follows:
1. A cow and unweaned calf pair shall constitute one (1) animal unit.
2. A mature bull shall constitute one and one-half (1.5) animal units.
3. A 1,000 pound yearling shall constitute one (1) animal unit, but if the
yearling weighs less than 1,000 pounds, then the animal unit value
assigned to that yearling shall be based upon the percentage that the
yearling's weight is to a 1,000 pounds weight. (For example, if the
yearling weighs 600 pounds, then it shall constitute .6 of an animal
2
25.15 To the extent necessary to carry out all of the terms and provisions hereof,
the said terms, obligations, and rights set forth herein survive and will not be affected by
the expiration or termination of this Lease Agreement.
25.16 The parties acknowledge that certain items of personal property may now
be located on the Leased Premises. The Lessor makes no representations or warranties
regarding its ownership of any such items of personal property or regarding the condition
of such items. The parties hereto acknowledge that the said items of personal property
located on the Leased Premises and within the improvements located on the Leased
Premises may belong to third parties. The Lessee agrees to indemnify and hold harmless
the Lessor, and its officers and employees, from and against any liability for any
improper use or disposition by the Lessee of any items of personal property belonging to
third parties.
25.17 Neither the Lessor nor the Lessee will be deemed in violation of this Lease
Agreement if prevented from performing any of their respective obligations hereunder by
reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials,
acts of God, acts of public enemies, acts of superior governmental authorities, weather
conditions, rights, rebellions, sabotage, or any other circumstances for which they are not
responsible or that are not within their control.
25.18 This Lease Agreement will not be recorded. However, at the request of
the Lessee, the Lessor and the Lessee will execute a memorandum of lease for recording,
containing the names of the parties, the legal description of the Leased Premises, the term
of the Lease and such other information as the parties mutually agree upon.
25.19 The obligations of the Lessor to commit or expend funds after calendar
year 2010 are subject to and conditioned upon the annual appropriation of funds
sufficient and intended to carry out said obligations by Lessor's City Council, in its sole
discretion. If the City Council does not appropriate funds necessary to carry out any such
obligations, the Lessor will notify the Lessee promptly of such non -appropriation. If
such non -appropriation results in a material impairment of Lessee's right hereunder, the
Lessee may terminate the lease, with no further recourse against the Lessor, by providing
thirty (10) days written notice to Lessor. If Lessee does not exercise this termination
right within sixty (60) days of receiving Lessor's notice of said non -appropriation, then
Lessee waives its right to terminate the Lease pursuant to this section.
ARTICLE XXVI. Additional Provisions.
[This paragraph intentionally omitted]
0
IN WITNESS WHEREOF the parties hereto have caused this Lease Agreement to
be executed the day and year first above written.
Attorney
LESSOR
THE CITY OF FORT COLLINS,
COLORADO,
A municipal corporation
Darin A. Atteberry, City TvIanagi
LESSEE:
NATURAL FORT GRAZING, LTD.
A Colorado corporation
By: 7-S-1 Nov,
[print name] Conr,,l I Swanson ,
President
21
I
ERFIBIT A
LEGAL DESCRIPTION
Deeded Lard
A+.EADOW SPRINGS
WELD COUNTY, COLORADO
LEGAL DESCRIPTION:•
TOY,V SHIP 10 NORTH,- RANGE 67 WEST OF .THE 6TH P.M.
Section 6: N1/2 and SW1/4
Section 7: All
TOWNSHIP 11 NORTH,_ RANGE 67 WEST OF THE 6TH P.M.
Section 5: All West of Interstate Highway No. 25
described in Book 1619 at page 614 and in Book
1644 at page 477.
Section' 6: WI/2, and W1/2 E1/2, EXCEPT that part conveyed
to The Colorado Railroad -company described in
Deed recorded 'in Book 335 at page 505., and
EXCEPT that part conveyed to State of Colorado
for highway in Deed recorded in Bodk 1000 at
page 309.
Section 7: All. West of Interstate Highway No.- 25.
'described "in. Book 16.19 at page 614.
Section. IS: All that part lying:West.of Interstate Highway
No. 25.
Section 19: All, .EXCEPT that part of. said Section .19
described as follows: -Beginning at the point
of intersection of -the the East line of said.
Section and the North line -of the County Road.
described in Book 999• at page 193; thence
i Westerly alcng the Northerly, line of said
County Road to the.. intersection with: the .
Easterly line of Interstate Highway- No. 25
described •in Book -1619 'at page 614;` thence
Nor`theastexly along the Easterly line of said
Highway No. 25 to the Norta line of •said,
Section;: thence East to -the Northeast corner
- of . said Section; thence.South to the point of
beginning:; EXCEPT that part of said Section
conveyed to Weld County for highway described
in Book 999 at page 193; and EXCEPT that part
conveyed .to State Highway Department described
in Book 1619 at page 614:
Section 29: All
Section 30: All
Section 32: All
TOWNSHIP 12 NORTH,
RANGE 67 WEST OF THE 6TH P.M.
Section 20:
S1/2 SI/2 lying South and East of the right of
way of the Colorado & Southern Railway Company
described 'in Deed to The Colorado Railroad
i
Company recorded in Bock 335 at page 505'. and
lying. Westerly -of the. right. of . way of
Interstate Highway No: 25 described in Book
1619 at .page 614, and ali tj'at -part of Lot 1
and S1/2 NE114,'NW1%4 SEl/4, NEl/4 SWi/4, and
SW1/4 SW1/4 lying Southeasterly of the
Railroad right of way, EXCEPT a strip 150 feet
in width lying in the SE1/4 SW1/4 conveyed to
State of Colorado .for highway described. in
Book 1000 at page 309.
Section 29:
All West of Interstate Highway No. 25
described in Book 1619 at.page 614, EXCEPT a
strip of land 200 feet wide through the NW1/4
of said Section conveyed to The Colorado
Railroad Company by Deed recorded in Book -335
at page 505, and EXCEPT that part conveyed to
State of Colorado for highway through the W1/2
of 'said Section described in Book 1000 at page
309.
Section 30:
All, EXCEPT a strip of land .200 'feet wide
'through E1/2 thereof conveyed-to.'The Colorado -
Railroad Company by Deed recorded -in Book 335
at page 505, EXCEPT, that. part conveyed to
State of Colorado For highway. described in
Book 1000 at page 309.
Section 31:.
All,. EXCEPT a.. strip of land, 200 • feet wide
conveyed to The Colorado Railroad, Company. by
deed recorded in Book. 335 at' page .505, . and
EXCEPT that part conveyed to.state of Colorado
described in Book 1000. at page 309..
All of Parcel.B in
the County of Weld, State of Colorado.
N
1
-3-
LLkRIMER COUNTY, COLORADO
TOWNSHIP 10 NORTH,
RANGE 68 WEST OF THE 6TH P.M.
section 1:
All, EXCEPT that part conveyed to State
Highway Department for highway described in
Book 912 at page 491, and EXCEPT that part
conveyed to Department of Highways for highway
described in Book 1178 at page 454.
Section 2:
All, EXCEPT those parts conveyed to The
Colorado Railroad Company described in Book
285 at pages 169 and 170, EXCEPT those parts
..cohveyed to County of- Larimer for highway
described in Book 654 at pages 546 and 560,
EXCEPT that part conveyed to'State of Colorado
for highway described in Book 912 at pages
490, and . EXCEPT that part conveyed -.to
Department of Higiways'fcr highway' described
in 'Book 1178 at page 454; and EXCEPT that part
conveyed to the Platte River Power Authority
as. -described in Book 2100 at page 886.
Section 3:
All, EXCEPT that portion as conveyed to the
Platte River. Power Authority in Book 2100 at
pge 886.
Section 11:
A11, EXCEPT those parts conveyed.to County of
F.arimer for highway 'described in Book 907 -at
page 416 and in•Book 1178 at.p3ge 462,.EXCEPT
that-_ part conveyed to State of Colorado for
highway -described in. Book 912 at .page 4871
EXCEPT --that part conveyed to Department ,of
Highways for highway described in Book 11.78' at -.
page 454," EXCEPT that -part 'conveyed -to. The
Colorado Railroad Cot.pany described in Book
.290 at.page 361, EXCEPT that part of.the;SEl/4
described as follows: Beginning.:,.at'..'tha
Southeast corner of said Section; thence North
89°4560" -West along the South .line of ' said
Section as' stance of. 774.4 -feet to the 'East
-line. -of Interstate Highway No. 251; thence
-along said Eighway as follows:'.N6rth.'0'14!3 V
..East 118:6 feet; thence North.},89°4511.30a West
61..8 feet; thence North-4°04• East 863:1 feet;
thence North. 34..604130" East 792 feet; thence
leaving said highway .on a • line• East.-* and
:parallel with South line of said .a
.Section
distance of 582.39 feet, more:or less,:to.the
East -line of said Section; thence South:along
said East 11ne.1747.74 lest to the.point of
begin.,ng;.•and EXCEPT that part of-the'SEZ/4
described as follows: Beginning-on°:the West
line of . said SE1/4 80 'feet North. of the
southwest corner of said SEI/4;.thence North
-4-
along said West line 716.99 feet; thence on an
angle to the right of 900 a distance of 1361.68
feet, more or less, to the Westerly line of
Interstate Highway No. 25; thence South 21012,
West along said Highway 746.52 feet to the
.North line of .County Road described in Book
1178 at page 462; thence South 880550 -West
1110.2 feet along said North.line to the point
of beginning.
Section 12: N1/2, EXCEPT that part conveyed to State of
Colorado for highway described in Book 912 at
page 489, and EXCEPT that part conveyed to
Department of Highways for highway described
in Book 1178 at page 454.
TOWNSHIP 11 NORTH, RANGE 6.8 WEST OF'THE 6TH P.M.
Section 1: A11, EXCEPT a strip of land 200 feet wide in
SE1/4 and SE1/4 NEI/4 conveyed -to Colorado
Railroad Company by Deed recorded May 1.20
1911, in Book 290 at page 589:
Section 2: All
Section 3: All
Section' 7: E1/2 E1/2
Aection 8: All
Section 9: All
Aection 10:. W1/2
.Section ii: All
Section 12:- All -
Section -13:. N1/2,--EXCEPT tha't'part conveyed to County of
marimer for -highway described in Book 665.at-
page -257-4
Section 15:: S1/2' and NW1'/4
Section '16: All
Section 17: WI/2 NWI/4 and SES/4 and S1/2 SW1/4
Section 18: All ..
Section 22: ..All
Section 23: All EXCEPT a strip of land 200"feet.wii.de in
NEi/4 and;'SEI/4 conveyed •to 'The Colorado
Railroad -Company by Deed recorded in )Book 290
at page 589,. and EXCEPT* the. North 40 feet of
that part of the NE1/4 lying.East of the right
of;way of Colorado & Southern Railway Company
conveyed to Larimer County by Deed recorded in
Book 426 at page 428; That part of. the E1/2
SW1/4 lying -Easterly of. the Colorado and
Southern Railway right of iray as said right of
way 'is .described 'in Bock 304 at- page 463, and
EXCEPT that portion lying East of the Colorado
Railroad Company right of way as evidenced by
deed to 'Meadow Springs Grazing Association,
recorded August 15, 1950, in Book 1337 at page
-5-
539.
Section 24: SW1/4, SE1/4, EXCEPT that part conveyed to
State Highway Department for highway. described
in Bock 912 at page 500, and EXCEPT that part
conveyed to Department of Highways for highway
described ir. Bock 1178 at page 454.
a. Section 25: All, EXCEPT that portion of NW1/4 NW1/4 lying.
Westerly of the Southeasterly line of Highway
No.-87 described in Deed to Larimer County
recorded in Book 665 at page 257, EXCEPT that
part conveyed to State Highway Department for
highway described in Book 912 at page 497, and
EXCEPT that part conveyed to Department of
Highways for highway' described in Book 1178 at
page-454.
Section 26:- That part of SE1/4 NE1/4 and NE1/4 SE1/4 lying.
Easterly- of Highway.No.. 87 as described in
Deed to County of Larimer recorded in Book 665
at page 257;
S1/2 SE1/4, EXCEPT that part of said -S1/2
SE1/4 conveyed to County of Larimer for
highway described in Book 665 at page 257.;
NW1/4 SW1/4; EXCEPT a strip of land 200 feet
wide in said -NW1/4 SW1/4 conveyed to The
Colorado Railroad Companv by Deed recorded in
Book-304 at.page 48.
Section 27: All,•EXCEPT.SE1/4 NE1/4 thereof
Section 28: All:
Section 33: All
Section 34: All
Section 36: All, EXCEPT- that part conveyed -to.. State
Highway 'Department for highway described in
- Book 912 at page 494, and EXCEPT that part'
conveyed to. Department of Highways for highway
described in Bobk 1178 at page 454.
TOWNSHIP 12 NORTH, RANC-E 68 WEST 'OF THE 6TH P.M.
Section 25: All
Section 26: -All
Section 27: All '
Section 35: All
Section 36: All
All of Parcel A in the County :of Latimer, State of Colorado•.
Containing 25,680 acres, more or less..
m
ANP ALSO:
That property described at reception number 20070034998 recorded on May 9, 2007 at
th
e Imimer County Clerk, and Recorder:
the Imilmes-HA.0A.- Norgiwest?/4 asci�ti=26;
"d the Soudmst V4vffboN'ortheast I.,,. of Socoon 27,
All .4. T.bwisWp tiWorth, UlgO.0 west-drilha*6
County :of-Laiha(ii' Ofrcolb — � -.,m-J.
ec
PARCHLIk,
Al ', 4IT6wos'14 I I Nf4-ij Am9d 68
toWRised i3. ib
comity OMM-in". Statb of o&radb,
w GTW-A� tb a li&ftt of J;—,T.re%RaI tb..r avq mr�• my rrmi n e-YO1 Inw'=I Ls
ioc;.g.W on &q. abovq-d*ribcq-P-!meN;
-7-
AND ALSO:
That property described at reception number 20060053666 recorded on July 19, 2006 at
the Larimer County Clerk and Recorder:
couw
iGilttFT:ER:.NZUNTAFE RAILROAD,Alsd) MORE PAP, —I ICULARLY DESCRrBED AS
FOLLOWS.
kcziming e itt; Lnwswior. Of t1 e said-' ,U&ly runt ol--Wty, being 0 fzr,, iii v0dUh,: with thlC
led �Y� 1-1,41, aluniinur� ��Prrtl
.,y)hn-ofs�d-q--,-crkA :polmbe6,unniw-j mrh
N �L j3h4vttorner of s6d' u 33 being
fnor
'n". IN Lom-So Lab."99 ftimn 127 i mkum 49 S217B,261,53,415a5l.95.7 I LS 1(11541 1
19-Lrdnums.41
a aid nwlreAylirie fe- a poiatoflntarseuion with fhe-,q-md westerly
tip -Of-vway,.-bf-iV3 200 E.kef LA wklfh,: 4d potub-olag marx-mmmul byz 3-1/2 iut;L-- ;xTuffutum
IS
Pr,
xch feliar nokke d "S D
-D.,\ .AVO-N Ks 13471'
vxAw .30](40 d4-0011 2.9, min le s 31 -secondqs West a feel �101,g said
6014�01Y lille 10 a45Gifls-Of i0te3eclim Will-k tbe mud
monumergo2 bya 1-112 D bAUTSW RIS
13411 7% and-froul-whicl-I S,tzion 35.16ffig -mungmFmted by a 7=)P,,
I -OW. marked 'S DDAWSON TI IN-MV; 9-341S3S I S-33315't
ilON.a6M RLS 13471"1 b?-m*n South V, ddym'22 M.140tes 31 secoivLs W-.ar a-dismutt-bf
50-00 feq,
No;lb QO dagtea 31 ln; notes 29 scomds:Wcst a
Y
Sadd pqrcefmmuis 117,444uT-.0 mOraor lar,
and
PARCEL "V'
ATARIM-0f.LA-INIM -CATt . �O FD
con -,\Ty, oxouDo, A-4-46 mom PikknzuiA' ny—ricscimm) ks ronows.
Continued.
Freginn:ig at the soittbckst cguier of silld Sectidn 3S, bcitt moqumerited by a 3=1 iti li.
alurninum 0apped relnar mari-dVTLS'5423 Ti IN'' 6 W S35i5361 S?/SI 7':I ON 2:300"; tL.p.ft e
South 89 degrees S.1 minutes 33 sccapds W1:st.ad4tance of 2631.92 fEet albn :else soutbcily line
ofsaki S%-.d6u 35 tv tha Svuih q%mcer w alcr of sMd Section 3'5, being trionumented liy a� 2-
iuoa alur-room cappM 3ii hich rebar rtiarked "S D DAWSOXt1 w R68�V S39.32 T'l.O\ R69W
RLS 13471'
Tie Sours 39 degrees 22 minutes 31 seconds West a.distauca of 1437:79 ketcont'aming
along the Said. scttiherlyse¢tionli' a'10awint ofintersaction with the et;siarlyright- oF svayline
oftheBui jngtcnNoathern'&SantaFc'�iroad,(sesu .2a7feetins`MM. sandr?[ntbeing
nented:l y. a } _.Lf ,iri la alutiilrr� n.rl;pod SrB iiach.reiier nisrl ed "S. D. DAR'St3fu RL.$
1347•";
ntae Xorb 00 dcgl tes'4' miitiiies 40 s.6cor;;ds iVem s distauce itFS289 2S fearsiottt; said_
:tsterriafitof�w3xipa?olsfti£i+iteisee Q.nwxtlftlterortXzer!ylinofsaid`S<=a?n3,heitEg
funumttitedb a 1-1!1 ineh:andrrnGm capped'iebarnmrked ",SS MtS 1.61.54",
TBencc N -b g5 agrees 17pxinu r�?3 aeeon?;a M asra eisw a of lx,° n 4ce; alonsthe
notiineiiyrIlize.of5sid'Se:'tion.35to.thcWe.9tow�sixteenthc=erof Pcianrts 5a,rd:2fi;being
mm_uwentedbya2•.V! inch alcminLmzapped anbarmarked"SSST1l}iR68WWIitvS!&/ 35
1997 KS 16154'k*
nmet Nora-89'degrecsl9trtiqutcs*40secrnd3E-A§rs.discanceof13153gActcont"icagalo g
saiti:nity lipe it t?vcrtfi q,�r canter ii$:smd S9kon 31,7inir rtotios:,atetlby's 6 high
�Ru� satk3staiae.avtta "il�."ch soled � th�lLoath #'ata, tliett,'a. ,Sonlfa 89 de�Ees 5i tom.^t:ta5 �
secciils £art iis.ance..at i3b G9 fyer alaq�,sa6 rtorhly ate to a;ponst, hcnc; trtonurriesi^il di3
a 1-1�'1 nnclt �iaaan an --t?pay# 3i8 inch, trhar xt7zzk¢d "� � 3��5� 5i'tx S, R7.� !?47i,,,
thence S 21t+ degrees :I S minutes,-3i1 setsoaa°.s. `Nest.a tii *cA v('19733 eei ieaYittg--eaid
nertlterly lid tart lxsint, beitsE tt�nrtwtntcaloy: a 1 1l? h%cb alarnlmu capped f S inelt.rehar
marked 45 D DAWSON' RLS 13171*%
Thence, South 58-degrees. itl mima u 22 secoortds East a disi ct of27CA.01. fzetta a point of
iaterser ,lint tuitb thL-.vastrly I is= ofs id Section 351 said point;be4 tnonitnle. nted lr/ a 1.1 P?
incheau miiwin=OP.05,s:irch.i�. emarmarked"SDDAWSONRTS 13421";
Ti�eOc Sout40a3f5O':38-'eetiln^�g;said
t,isieily im p.f6 ih1 c�tt ginart s ce v of s"td Secndn 3i, beta o is itii ettted u}r ; zvellBac
grat;ite steFi; ,
Thence Soak#!ti degc" 1 i rntinmes'30 3ecmds Cast>a>dstancc of2540:321f+:ct couramd i.; along
saidefutrerly Jim to thevoint.ofB mi%
Sw pa=t coutalns 424-._qj acr s r mu-cr less.
unit.) The weights for yearlings shall be confirmed by certified scale
receipts at the time of delivery of the animal upon the Leased
Premises, or by any technique mutually agreeable to the Lessor and the
Lessee.
4. A horse shall constitute one and one-half (1.5) animal units.
5. Five (5) sheep or goats shall constitute one (1) animal unit.
6. A bison cow shall constitute one (1) animal unit.
7. A bison bull shall constitute one and one-half (1.5) animal units.
8. AU equivalent for any other animal type will be determined by Lessor.
3.3 Lessee will make all payments of rent at such place as the Lessor may,
from time to time, designate in writing. For the present, the Lessor designates City of
Fort Collins Water/Wastewater Utility, Attn: Water Reclamation and Biosolids Manager,
3036 Environmental Drive, Fort Collins, Colorado 80525, as the place for the making of
rental payments. All such rent must be paid in current legal tender of the United States as
the same is then by law constituted. If Lessor extends the time for the payment of any
installment of rent or accepts any money other than of the kind herein specified, Lessor
by doing so does not waive its right to insist on having all other payments of rent made in
the manner and at the time herein specified.
3.4 Notwithstanding the foregoing provisions of this Article III, the Lessee
agrees that if the Lessor determines that the grazing conditions of the Leased Premises
warrant it, whether such conditions are caused by drought, pestilence, insect infestation
or any other circumstance beyond Lessor's control, the Lessor may reduce the agreed -
upon number of AUMs per year to that number that Lessor determines is appropriate
under the then -existing grazing conditions. In such event, Lessor agrees that Lessee's
rental payment due in May or December shall be reduced in proportion to the reduction
in AUMs per year.
3.5 If Lessee fails to pay when due any rental payment required under this
Lease, the unpaid rental amount shall accrue interest at the rate of eighteen percent (18%)
per annum from the due date until paid.
Article IV. Use of Leased Premises.
4.1 The Lessee may use the Leased Premises for livestock grazing purposes
only, except as otherwise provided in this Lease. The lease does not allow for feeding of
livestock outside of the corrals, private or commercial recreational rights, hunting,
shooting, trapping or poisoning of wildlife of any kind, or control of prairie dogs. Lessee
may use the Ranch Headquarters house for residential housing for a ranch manager, who
is an officer or employee of Lessee, and his or her immediate family, and for no other
purpose unless Lessor agrees in writing. For security and management purpose, Lessee
will ensure that a ranch manager occupies the Ranch Headquarters house year-round. The
Ranch Headquarters house may not be sublet. Lessee may not use any facilities on the
Leased Premises other than the Ranch Headquarters house for residential housing. All
pets must be on a leash, caged or fenced, with the exception of two cats, which may roam
3
WR
AND ALSO:
That property described at reception number 90057985 recorded on Deceinber 17, 1990
at the Latimer County Clerk and Recorder:
�nresi; at
01101MI 1.1 ?MLI 221M T MIT VART. )MUMMO TO OT&W Uljvall` T:POP
�PO
WwOm mmliq=a X14 scok 112 ATfAz. 49, 1, Ad) "MIT IVIM, vo
DF mm1walm fil;6lafI4 PzRtR3asb IN M&M 11-74 AT 111M AS4.
qt0T,101 tm . zYm . V13 . 1-fin ddrqitllao, tAjrROA17 d6gl?ANX,
vas40113ill) 1,9 awlt 20,
-AT PA00 169 "05V 4FMTSi d6wgqu TO
4iN071 AM LARIMR "a tilamw oz$cnx-4&0' I ff p%Xrk 664 AT PACES. $49 -01) "ll
VXQM 140 PA111,4 LIDRM�4 IV.STATX Oji� C�4L.ggaw- FOR -MmlwNl oqju&6. z 06m( 1312
.V PAGS -420. EXCM VIWI PUT CaMW To D11PAwsm-rA4 -or wwrtmu Von HziRikr
PR*ZM "IN WOX, V*A*GO 454i ARD -BUM-201' TU41P *0 400MM Ti w rha-z's
RIM TMM - AUVIORITY.AS DZ9M.l$MU 111 JCDJ Al 00 AV WA3 Uf,
001014-1 Suk jvd4*. w Wt V,M,,Tw9, ig wwoso -TMz,
. "m
MmIlITY; In sc*R:,UQ.a
5EO710WIlt j;dA.
Dwan b V):-66�k J161 ArTAGi 416 AMU II SO& 1174 IfT'u Pr" 1 46 T, rumf tw.
ROT �;�dZiAo vo gmtn -0i �%cmw iwit atcam .03"M403. W- wart'.911 Aw wa.
417A UUT71-Two vwtc6i;�Zb- 11113, "limb - - . -W k11019 q .
9.l70 lr PAft -44t Tj6 CCUM= 2AIMAD
Wo vit MdW 79Af M7 or. TnA 0-1/a
., - 0 602sm rAU=3AP =- MIZ101ral BUM =0 AT Tjrd -ODUT-VA
Tlm9iPv.,l.lmw .0 6idmg-4,6,op loiof iws,;4,
mimp bi Iv. A. zpFT,,k!p * jW. i xwh zt-ki
T-1wcv.,Aza,l* shlLv ldagwA�r Aa
WATU 0 vti;im 11M ZM34
TIM.Ck KORW.89 FA=r
8E8p QAl HAVE 043.1 2M.,
d : wr .. .. ..
viuma UU= ra)jd#. r ll.flMl..
W29b twan vy
lu IV tsm. fw A 1110,9 A tic 9 tv a H 2. 2 a ]+;gai vo vs= wisT Lam or -eAlp
0=01
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W-V or VAIW4Z V3'J O Tf= lW4TA0v:Tm XCIUMMST
X/i 2
MIMM V# & AME #10 m Rraq -dr or 2361.6a fttvo molla
aa Ir .44ReA' 31ildVAT IfOl. 25,r
A%S% SAID UtGHt*T -7 49,51 MY W -TIM 4jth'211
matim vf gdo1:(ItT tads to
vitad otmwwa 05-1 im-aft 1110-j2 jFz=,mcllq SAID HQR= ribiriv w
POUT ar BZGMXM.
-1.0-
Continued:
wmditr 11 adami wo is I=-
1t�T2t7N It Adrfr. 3WAft a AnTV Dr,mm, ago v,%V.V%Dt 2R adi/,d A46 sat/4iini/i
40MUM.". ;CCU "MmAD womy Di iiFin.wimm iml mi 14114 m sulax
290 AT vacs. too
akfti.ov s! Arm
acqualt 7t Rvupva
SRMW 11 AM
6XCTIW 171
aMIN 211 Ais,j VUFM,A #VIP Of %Ak . W 200 MT WIDZ IN WIAAMID..M'114'
cokivl=6 *Ovik gMA .. .1 . . I . R t,(= NT .VAS.- . , ...
- O.L. 40 if I a %T or mw AV4 or.
BY£trG11DIIJ11
vp
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nrm �
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Ur
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v* rammki:o awm , .,
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VPL� 6.p !ass at'3"i m fli Djwqatwig
Vp�vgw Iff M* Gas Aix vm�.2571 gxmk,folk to Idur- n6i�x
TA2
i4b'kkw�.T Tav pmu
WHYEM W MMAITTM- T.di1R&PA1f tlMQOH20 PC Wn$ )L176 1p *44.
70 47 as All waaz
Ml ART IN or
1v , 6v
N�wl 11 t =461,4 LAO
m C=i=
04ZM 271 Wt ZX'wl7T AMWIMN TOR.W7,
4vidlil got AT,
9XVI(S.161 ALL, VCZV ' T mif PAW QDPV9230 to Man 1114var DaYNTHM W.w
IMAY ViOiCRx"D W11twX 214 AM VAOM M, WO WaWl T90 M% 0001in To
UpAny-nT 04 icdmmg Ira& ZWK 117(1 a' M'R dii.
Continued-.
04CTIZ-64 271 Ai6fe MIPT Mil/Mil/f b
S34T*QU 344 VO� SH114WA141 awdim4i owlavvis
S=Tl'DM 361 aW UOM?�' 'UqAT' VA47;14(42*02 0 MAZm ld'rfdfAY allmomm Y04
IRld aky, mti An lkdek 4=i riiv 0'6,wkv.o la
--Hl4v* w zli 6WK axlq 4.
9ECTIC3 .27; A
i6t 01illli 319f5iia '0 = -,WW-f MAAR.ttako AT-Morf. M. *5%mw,.
Re X 008731
F '11. 11111mup 3t 4v Br tTa#2 ce 4$M J?_.4p
HI 31
I'A
Ani='w onitiANT. iikx1,36
io. 7r4 Ull AT. Ph . 93 Z-051
AM 29CM TUA21kic mwivj6 !po- oi,xwr (v x" :Xommo
vt lkak
O.-cTiall 71 Art loav olr:zirmom ilixwjhv tl(34 35 11ric1i12:116 .In -zv-;r u2�r .AT
mm 614.
Continued:
,WT16� sx us, -ALL, dk
, sadimWa, ap. UM) smi6- Wd"im0b A$ ft;tbifsi
Tax fpmtr X11 i0K,494
R"j, 119=1W Rta Mt
"Stick mm"I -Awlip TRH, or 'iAn com? 'a0a -TO.Tu
THUMECTIOR WITEL M MIMI Min -Of IMMH= 110- 15 0zsnts130 IN
OOM 1.6-0 Am,. j?mg R41
%ima .11 Rmamv . v , a , 44r Atpo tm mamrx num zr sg�p lalafw4y tlo< 21 Tilt
1p* 4101 or ;SAID A= TZ0111
T41 m g shme mo tz# II61vigAWT co-M.MR, or SATO, 6=414)
Tur �tg goon i14, tas
vciomm PW or em gkonag cmii= Iza vana coax Ima MiGtWa z1f9ml."D
- 91.11
MID ERM1114 T-11hT •vrae Cord vlv It WATZ acalma ma-,AMtv Dvgc=g.0 1.4 AWR
!W 47 as -6141
fluT;Olf * -Am
304 ma smijaHlAr mulls ta/,01/4
ormom 31I RIAt Hi;' M/0 .80114111AIP) W
floRTZ, IMN9!; 0 ."ST or -*-.= C49 Ral.
CQDOV�d
CoHfAin
m cr
t nmp
lit wtzm z=,, & a TB ap Z=Rmx
sa- tit 306i laig
Wd va IrAA
OR= In tow
szamo a,
{item :per' a Adn bso 1Wp-_1k*T %-I ' 07"cowsyp
Z- , . -1!60 m =14
cmm 140 ftmirigon amfty= va W
Zmmmsr lay Uzza X11.000r.: l r1i imp. vs, Anvzkojw
00-v VAR-. COMB= -To =Ala, to rx14AA1;6 ==;BBC-1U BOO& 1.000 AT PP41d I"-
A14 Qr nwip? a ammy or wow. UTATR a- COLD=. ANT
�t_IGHTR APPUIr a
r-M
TWETKW WITH al, WAnst UCRISAD ABOV01 I maLoorhm, latj r
TO t$lr }.AHD flRfiv"i' PONVAYSO: (O"qj" A 4.V.D-1'4 IZ'
Hot ,,M,Tgb t.o TROSE ORATAXtj IRIORT3 A1!JUM1CXPPkD -a CA�'3 "41arn
F � oft dATMFI VjVj��Xok4 STATZ
AND "-14'13, ALL In TqG oj!�TjjjoT C0111tT IN ME),
OF WWRADO
9ftANT6"I NSA tM SFtftNrg QRAZrNG tftPO.)WTICINl ic M-1,0RAD6
GMNTM CITY op vaRT C6"Ibfa, A MuKtrv,PAL COLIPdKATION
-13-
That property described at reception number 200300264-10 recorded on March 4, 2003 at
the Larimer County Clerk and Recorder:
PARCe[; III
A TRA:'1' OC! UAN6 I1i MM $ 1/a 0- SECTT_oh.:L3-., rjgFj Tenn; 11 WORTH, 1CA:= 68 YIE;T
OF ?i'H4T ml P.M.-, cotI.fm OF ZARLSZEPd, STAIrm OF C9DORADOr. 'Dr .SCPIDi9II As YOLLOWS'r
'mm"'HIN(.'. xg wo S.:t/4 CPRit$&. 06' spgo S'EC."-IOff 211 . RIMMING TMICE tT 89 DROUSS
5V .11F w,. 361.43 PERT AL096 TRU $QL Ci LXimw . K:1%f.Dr BI.TD SaCTxM 13�
?E3C'rm W C3 MdC B S On'w 16'95,98, TmT7 Taama .iI.. uR .0seRr,EE 8.4J 02-1 :M, 7.64
L+I302- 5_'FS:.+;lt9& 3 is '.6SGG3GS 16:' 4Ta-.'k, ZI3G.Ef1 FFP.T-lO ;;eZ PS =Ms ON TUE- SOUTH LIN_-
O8 11* NB 114 OP SAID 9L'OTLBA. 13; THRif63 li 99 PrM, i7gS B ' ysn. I3, 476.10 SP:.�'T
T;WNG SXW SOPT4 L"?NR TO TXN .P6yIXT OR S1;QI1W1- .iiI.
8]cBt�t.Ixi.i.
A TRACT q®. rARD =T TEM ,3E 1/4` Or &v�^ tlm 13, DfiNStII9' ],1 _N47R7."3:,.- R.R2.C4C (is taEST
OF '.".RE. 6TIi Y�2T., COUNTY OF TAR,DIEV, STATE DB: Ci L¢ruv^.6. DikC.`RIABDASPhlj,0f99:
H=nMXN. GG AT A ZX rNT Or THE Mvrk L2NA 0 .-.WR F2 I 4�'OP SA:m- .48�.7M 11 VMM
WHICr'i TUE R. 1/4` CORNET.' Ov gA-MI 9;;'SR'jL't.'r. 13 7II5R$$ 3€ :64
i?BmTr RL7.' XNO 't1fr52.'P.A S aS DEQRLES SS' 21,'a r, ,1.5`S.fx3 REM7iLWO 9l b: MUIR L11M
sv T..is CWTERLIVU OF 'Tim RMT. LG'_ AAY. w t. oLv,1i�.. ��. ii�iCD6i.1'i ��Ni. :69,. cOh^t .rw
Irl MTSTAUMEINT Immi;DmD n" Doox 1554 AT..s+AGr'M_rp rrmE r.Aai m Co*lRIC'.:P. ,Ct7RDSt
2m1wa 2f 26 IPMR8.3.4421 430:E. 297Z.42 A+' AT AF.CINC3 57iiD L''S}a{CL=12Lmwl_ T}1'St..`.G"a. �N 89
DWRNHB: 541 0T4 X, 1?fi7-.:59 'BSP.Tt. THEIZC,Lr. S "AO .Dga ."Ra 0`5.tSAV ffi Fb'r'T,
THMANOM $ 12 IMPUMS 16- 4.15"i 'X, 1134.-01 P'.3="TO mtft jS=KT OP' avoZ2ri7't4d:
A3C@1?T Wn T.CSRTAM. EA m1. Or LARD coxim p 1'c ,TR$'SamA qv iX2lINT?
CMMS,8T0NMF,S E''i` DP.A&II'.RICORD oi'TQ. E8 2..5; -1936 YN 33ri .. 854 2i2 F.%M'� ;94.
-14-
AND ALSO:
That property described at reception number 02362991 recorded on December 7, 1993 at
the Weld County Clerk and Recorder:
1.ot 4 (li SW4); Nr,4SIY¢i
0
4
3US.$i aere�, ±
Secdoa-moteft (Ste; ]:S)- M, that, lssi rt V4 vistof the west
hoiu��ry ?� Tutei•staie:.iil�h�ray T;3a
j1t7 V i397-733..aeny*&ELg lacated in-ihe
SOCUOD M-ty ISO, 30) wg4; ,SS of
Lot 1; -a 2;
BE49M 21'S:3f acres;
Section lyfif sisso (See. 32)-SVV?V0V4; I' IV4SIN4;
82S 4 160" 0 xte'dsF i
SeCtlan Twaat i Se(L 26) All �ffsat pert lybV southeast, iVy of tb*
sFut etn botntdary v 'the is]l osiif (i2lW
1447):5?amlls' located iu Me.SZNT4;
Trot 1N.fAM4.; SAY-'43VV4; Iv W4SZ4
S iJ{i acres" .d-
tordah&q IH at1,.116544Z ac m; more..r lass,
Vneeox•tlittg fo T7.S:. giFi+c'+iri�cutt. isrrcj±=
-15-
AND ALSO:
That property described at reception number 93091867 recorded on December 3, 1993 at
the Larimer County Clerk and Recorder:
Section Two Oft, 2)
:8w0A X-en 10)
&EfigJ? Twdti (Sec. b)
(Sec.
(,%rtR
—
9MUM TIVftO-ff)IM (S;X.
�geca 34)
M
4635,7a =xas.p ±
A-4
40--11ti admt :t
6440
Ali
640.Q0-;mres- ;L
+
Se .
ction- TwMtr'Sf3c (See, 76) All. acivs, -t
c on -Thiieb4i) u r O"m SO All 64Gftacrasr :L
9"Un TbIrty-six ;See. 363 Ali MOM =ve&,.±-
;Codwihinp, in dIL.M4M acr6, mere or less,
according: to U.S. goverimientsurvay.
-.16-
AND ALSO;.
Thatproperty described at rep.epti.oia.nu.mbe.r2003OO5.75,23: recorded on May 12, 2003 at
dhe.L.am.ner County Clerk and Recorder:
-Iiai portiva 64. ma D uutfflazt 0 �tr of SdUtIM I a qur,- ...
SB icegt of, r—lija Gth. L5.A.., CvtSdt-� ixf: rwojrilnsrt statz of t6llarzkaa, :Xaysw)*:
p�-,mtiaulazly
AT V -abu& 14rFip alt :P.4i4
Sn%tt11(wzt Qudrtar, as m.,",hergted by ig LzriTiiar Ctuzitv 110-tit
Saudi QUArter C-Cirliev alia at fho stddmaat 6:=Qr A0,1F, said Ica PAZ'
WlEh all toll L4vam. Oureto,
EM11TUM aL the $01h Qj2k of comae cf-vOd -vectim;
line Of ai iA SnijtIzanaY ZLA-rtax Swth 119,53, 7,3ams't 431,73 i4ot, 66 t114
sputil,%est
sa4d:pointt beimV 't110 TRUA- POENT or , air. d gir,
tharpin As bleting ar tfpi- lWaMarlimia of 'Ug " Way ,.'th�nmq �4 Lha
tbmmo, � $Qxhp
6f hd.id scyac'ma-mat c4ayrzi)
thenot, vdc;p_ 84.14 L�!IZt line Aoutji 04,15va7" .%, '248. Qq t: -w ze� to tho, �!,S�4Lhe"
owniat -;;f Calci socti=; tAp=ej - IVTIS? u 1 t;�f6ilth- A Jim P't Jala-
I �t, "kb I
Nq-t-th W 5-3123- :mist.l6jt�� �2 P"-. or in$s to: 1--"'
v . . .. .
county of LArimw, qLaed ikf coloradb
EXHIBIT I'BIt
v+'=6 ivy-.i ry.w a f ^ . ra s'�'�'Y' - e�y
f�
r�tu,�`r...r
3�%i %'��/�2�}n}� t1��&�z
4 1/ V l V {,/.�.s, I.e4�j'V„�v}'��' s ' • `ipV -' `�' ram, ..
k ijt _
"�.. -K � �� }3 ''4 7A �. A'T ?.� �xU' 4H+5.9. �.I.1 ^'*Eo-a� V'�4� �P�''Mt✓'JY,I.Y � 8 ✓' Fye{ ". ��:
-IN t^t��},G"w:c, y'Z- �'� > �o- .rIo,
r es a � ✓>..0 i :! "',�'t`i 1 t �u ..,.,5� �� „Tr I *.� yi^�.,���ia t "��^''s1' ` � .t /iT' .("^��'s' ""! yo,*" -� � G���
1'+a �v�S�a�Y ^„$� }` 4 Yf. ' ! n 4ys-f.: K..`�t•� ��e >ai ?�"��&��'yre$s S'� fi A. K``KI r � �i $v' W' .�_.. y,x'�s.
3">• 4 �w dr"" 4 aiV : 'S a r t '" Z n ^i``e ,r tl e "g x✓ k'b t'cA
:m fYwig s-,st� ` �{ pp t4y� i et} r -�✓g�+� i � � nl
'd
� a
Aiosnli& HeariquaAers
V, operat, ng facility
�°�K-.` r C is „ ' � r Y z a�i aL +s+a..a .k •..
4 z! 1d, Asp {' �. t'� a.� • at � � � a } y ¢ 'rs .
V
��nx 'a^ r'��F� a S ti q b`'` ��'' �� Y.. ♦ tea-_
_ 'yam Y � �f �t :. -"`:GSM � �oe � / or #'` a, '. F� s. ♦f� � �,� `'S �
g . FRo and Butte
ii .. ...r.�y c-iS'vt' J {� 4 T� ... i'� :# ' , ,� r". r �� t" "- � t {� �'•':'' i �'�*?`� � 4��2 i�'�
t . .yam. ,y.°.' m —' �"}T�t�."4 `'. %�•t
�e '�} € `ky
€a
1:1110 HOuse
T.- ,;` �`." ^Y. f - -'S'^ �"'"�'aav �` r TiM1°
d ark a - a, �r %k v. xr . .uc1 ,� '*�tk,. o-u x r
€ �'.k,.Qy 1�,+� '�ji a=s
-s� Of y�, � �wg �k x r'�.E r ai„ j '�' •i°'rx "' tr "4i�a � "� . n ,�.�
.� R inn, xi h 's s +"a Y } � ^`?" t :r ♦ d &; ! �' '� i'L' m /"� k ,� •+
IS` R_anch Headquarters
�. s
�
TI
4 tc'` " w ,u 1 .�- ". ♦ �rh'4r„"�'ba�y �'' c a };s 3 zi+- � 9�t � �'r- r ,�'f` �w'fl��
,+`°
•' r e '� '
7,7@
Jordan s house
F � � ? <r F iFr..i c �.,w
.a s t ♦ �t _ram' "K i. ,t h .K' ��}*Sr VFa..`'?''x Y +A } .ded a
7 V
c.f.. 'd` �'r'"Z x.'�,.y YY- s� ^a ✓ ""i".^`. 3:.re' `,�^ ^^CY^csg,`+a Y�yd�'.ik�sL i Syncs` 4 C
��,. .:� s _ � . ��'pf•� �-Rr•... �."yam t -.:#.* "E ` s',,,x��Xr. �`I �� x% =` aw4l`t 'q�3" ASH r�t r_�� i
�i 05r1.(•C'� sr+Lat"+F^''s'4 ,fib g�a� 'Y %�t 't,•��'s� a':'" i r'r `-,t o.tas
�1-
yi
s ,' �,'" $'� t✓ t - K xy h` # rf" '§i"i e u '�' gEp 1A '9<tir4��r> rti ��y'y� „y"
k^r.N NY f�.ei 'ti ��R�Z. .eS'a! E� .. S • d.
Exhibit "C"
WILDLIFE EXTENSION AGREENTENT
THIS AGREEMENT DATED. October 19, 2004 BETWEEN Citv of Fort Collins, Colorado,
WILDLIFE COOPERATOR(S), AND THE U.S. FISH AND WILDLIFE SERVICE (FWS) IS
ENTERED INTO PURSUANT TO THE AUTHORITY CONTAINED IN THE FISH AND
WILDLIFE.COORDINATION.ACT (.16.U.S.C. 661 et seo.).AND THE FISH AND
WILLDLIFE ACT OF 1956 (16 U.S.C. 742 a -%AS AMENDED.
Citv of tort Collins at 700 Wood Street, Fort Collins, Colorado, HEREBY AGREES TO
PARTICIPATE WITH THE FWS IN CONDUCTING CERTAIN WILDLIFE MANAGEMENT
PRACTICES ON LANDS OWNED.BY THEM IN WELD COUNTY, STATE OF
COLORADO descrbcd as follows.
Approximately 280 acres of wet meadow and riparian habitat located within T1.1N R67 V
Sec. 19, 30, Weld County, Colorado. as further described in Exhibit A.
THE WILDLIFE COOPERATOR IN SIGNING THIS AGREEMENT JOINS AS A,
PARTICIPANT IN A WILDLIFE MANAGEMENT PROGRt1_'VI ANT GRANT TO THE FWS
THE AUTHORITY TO COMPLETE WILDLIFE HABITAT DEVELOPMENT, OR TO
PERSONALLY CARRY OUT WILDLIFE MANAGEMENT ACTIVITIES WITH
FINANCIAL OR MATERIAL SUPPORT, AS DESCRIBED IN THE ATTACHED SPECIAL. .
PROVISIONS (EXHIBIT A). ANT' DONATION OF SUPPLIES, EQUIPMENTS OR DIRECT
PAYMENT FROM THE FWS TO THE WILDLIFE- COOPERATOR FOR CARRYING OUT
THE WILDLIFE HABITAT DEVELOPMENTS;.ARE ALSO INCLUDED IN THE .
ATTACHED SPECLAL PROVISIONS (E?GiIBITA):
THE TERMS OF THIS AGREEMENT WILL.BE FOR 15 YEARS BEGINNING
October 19,.2004 AND ENDING October 19..2019. PAYMENT AS APPROPRIATE WILL
BE MADE AS DESCRIBED AND AGREED TO IN EXHIBIT A. THIS AGREEMENT MAY
BE MODIFIED AT ANY TEVIE BY MUTUAL WRITTEN CONSENT. IT'MAY 'ALSO BE
TERMINATED IN WRITING BY EITHER PARTY THIRTY (30) DAYS IN ADVANCE. IF
TERMINATED BY THE COOPERATOR. COOPERATOR WILL REIMBURSETWS FOR
THE COST OF THE WILDLIFE HABITAT DEVELOPMENTS PLACED ON. THE LAND.
AT THE END OF THE TERM, THE WILDLIFE HABITAT DEVELOPMENT WILL
BECOME THE PROPERTY OF THE WILDLIFE COOPERATOR:
THE FATS, DOES NOT ASSUME JURISDICTION O VER THE PREMISES BY THIS
.AGREEMENT. THE WILDLIFE COOPERATOR RETAINS ALL RIGHTS TO CONTROL
TRESPASS. AND RETAINS ALL RESPONSIBILITY FOR TAXES, ASSESSMENTS, AND
DAMAGE CLAIMS.
IF A FWS EASEMENT IS GRANTED, THE EASEMENT WILL SUPERSEDE THE
PROVISIONS AND TERMS OF THIS AGREEMENT.
THE FWS, ITS AGENTS, OR ASSIGNEES RESERVE THE RIGHT TO ENTER THE LAND
AT REASONABLE TIMES FOR WILDLIFE HABITAT DEVELOPMENT AND
MANAGEMENT PURPOSES AND TO INSPECT COMPLETED WORK.
THE FWS ASSUMES NO LIABILITY FOR DAMAGE OR INJURY OTHER THAN THAT
freely around the Ranch Headquarters to control mice, and dogs owned or controlled by
the Lessee and used for ranching activities such as the herding of livestock. Only
licensed vehicles involved in ranching activities are allowed beyond the Ranch
Headquarters and are to remain on existing established roads identified by the Lessor as
open for grazing -related access. Unlicensed vehicles are prohibited except that ATV's
used for ranching activities may be used on or off established roads, but only with
Lessor's express written permission. Even with such permission, Lessee must keep off -
road ATV use to an absolute minimum.
4.2 Grazing may begin with certain restrictions on May 15 of each year, and
must end by November 15, unless moisture conditions and forage availability require
modification of time, dates, or stocking rates. If Lessor believes modification is
necessary, the Lessor, in consultation with the Lessee, will determine modified grazing
dates and stocking rates. The Lessor reserves the right to make the final decision in
accordance with the terms of this Agreement.
4.3 Lessee and Lessor will annually work together in a collaborative effort to
develop a "Grazing Plan" for the Leased Premise, which plan includes stocking rates,
grazing initiation and ending dates, animal unit months for each pasture, and grazing
rotation plans. If in any year the parties are unable to agree on a Grazing Plan through
the processes described in this Lease Agreement, Lessor will make the final decision on
the Grazing Plan for that year.
4.4 The Lessor reserves the right to perform management activities at any
time during the year including the grazing season. Any management activity that has the
potential to influence stocking rates or grazing dates will be coordinated with the Lessee.
4.5 Lessee acknowledges and agrees that concurrently with Lessee's use of
the Leased Premises for livestock grazing purposes, Lessor will use the Leased Premises
for municipal sludge storage and application purposes, as well as for other activities
related thereto. Accordingly, Lessee agrees not to use the Leased Premises in a manner
that will in any way interfere with said use by Lessor.
4.6 The Lessee must not use the Leased Premises in any way that violates any
applicable law, statute, ordinance, rule, or regulation of any governmental entity or body.
4.6.1 All cattle moved into Colorado from any other state or country
must strictly adhere to all Colorado Department of Agriculture and U.S.
Department of Agriculture regulations for animal movement into and within
Colorado.
4.6.2 The Lessor has entered into a Wildlife Extension Agreement with
the U.S. Fish and Wildlife Service, dated October 19, 2004 (the "Butterfly
Plant Agreement"), attached hereto as Exhibit "C" and incorporated herein
by this reference. Pursuant to the Butterfly Plant Agreement, the Lessor has
agreed to work cooperatively with the U.S. Fish and Wildlife Service to
4
CAUSED BY ITS OWN NEGLIGENCE, ON THE ABOVE ACREAGE.
SPECIFIC WORK COMPLETED WILL BE DOCUMENTED ON EXHIBIT A.
A CHANGE IN OWNERSHIP SHALL NOT CHANGE THE TERMS OF THIS
AGREEMENT. THE AGREEMENT AND TERMS SHALL BE IN EFFECT ON THE
DESCRIBED LAND FOR THE PERIOD OF THE AGREEMENT. THE WILDLIFE
COOPERATOR WILL NOTIFY THE FWS OF PLANNED OR PEN -DING CHANGES IN
OWNERSHIP.
AT THE END OF THIS AGREEMENT, THE COOPERATOR ASSLReIFS FULL, AND
COMPLETE RESPONSIBILITY FOR ALL WILDLIFE HABITAT DEVELOPIvMNTS MADE
DURING THIS AGREEMENT ON THE PROJECT TRACT. THERE SHALL BE NO
OBLIGATION TO ANY OF THE AGENCIES OF THE AGREEMENT AFTER THE TERM
OF THE AGREEMENT HAS EXPIRED.
THE LANDOWNER WILL BE RESPONSIBLE FOR SECURING ANY NECESSARY
PERMITS. TECI INICAL ADVICE AND SUPPORT WILL BE PROVIDED BY
PARTICIPATING AGENCIES IN THE APPLICATION FOR THE PERMIT.
THE FWS IS PROHIBITED BY LAW FRONT :MAKING OBLIGATIONS THAT EXCEED
AVAILABLE FUNDS AND, THEREFORE THE FWS CAN DO ONLY THAT WORK
WIACH IS FLTDED. IN THE EVENT FUNDS ARE NOT AVAILABLE TO DO THE
WILDLIFE HABITAT DEVELOPMENT WORK WITHIN THE PERIOD.OF TIME OR IN
THE MANNER PRESCRIBED IN THE SPECIAL PROVISIONS. THE FWS WILL ADVISE
THE WILDLIFE COOPERATOR OF THE FACT. .
WILDLIFE COOPERATOR GUARANTEES OWNERSHIP OF THE ABOVE DESCRIBED
LAND AND WARRANTS THAT THERE ARE NO OUTSTANDING RIGHTS WHICH
INTERFERE WITH: HE WILD= MANAGEMENT AGREEMENT.
Wildlife Coopera r Tax ED Number �—
Darin. Atteberry, Interim City Manager
CiryClerk
'otyonvng Private Lands Coordinator
Regional Office Conattr_nce
`PRIVACTY:C(-TNOTf'CE'l-HEFWS- IS REQUIRED TO OBTAIN THISINFORMATION TO PROCESS ANY PAYMEINTS)TO THE
WILDLIFE COOFERATOR AS A RESULT O=THIS AGREEMENT. THIS INFORMATION WILL BE FURNISHED TO : l M INTERNAL
REVENUE SERVICE AS REQUIRED BYTHETAX REFORM ACT OF 1986 AND MAY SE SHARED WITH THE DEP.AR7,14EN70F
7IM. ICE FOR CRMINAL OR CIVIL LITIGATION. FURNISHING. ASOCIAL SECURrrj NUMBER IS VOLUNTARY, BUT FAILURE
TO DO SO MAY RESULT IN DISQUALIFICATION FROM THIS PROGRAM.
EX -11DIT A
SPECIAL PROVISIONS
The wildlife. habitat developments and/or management actions described below are agreed to by
City of Fort Collins, Colorado (Cooperator} and the FWS in a Wildlife Extension Agreement
dated: October 19, 2004.
Planned work: The Cooperator. City of Fort Collins, Colorado, agree to work cooperatively
:with the U.S. Fish and Wildlife Service to manage riparian habitat for the federally threatened
Colorado Butterfly Plant (Gaura neomexicana ssp. coloradensis) within approximately 600 acres
of the Meadow Springs Ranch (Refer to Attachment A for project location).
The primary land use for areas occupied by the Colorado butterfly plant is livestock grazing:
The current level of grazing, ir. conjunction with farming activities and otherland management
practices currently implemented by the. Cooperator, is pr viding.habitat conditions that meet the
conservation. needs of the plant: as evidenced by the 55 reproductively mature plants, including
several. populations, found throughout the area encompassed by this NNTA during surveys in
2004. As pan of this WEA, the Cooperator agrees to continue the current grazing and other land
management practices where the. Colorado butterfly plant occurs. The Cooperator agrees to
coordinate with the FWS regarding any substantial changes in grazing and/or other land
management practices conducted by the Cooperator in order to maintain habitat to meet the
conservation needs of the Colorado butterfly plant.
Some areas occupied by the Colorado butterfly plant also are occupied by invasive plant species
in need of control, such as Canada thistle and leafy spurge: While herbicide application may be
required to control the spread of these invasive species, the Cooperator agrees to the application
of herbicides no closer than 100. feet of a known subpopulation of the Colorado butterfly plant.
The FWS agrees to provide technical assistance to the Cooperator by providing a representative
to conduct annual monitoring of the plants. The Cooperator agrees to allow FWS representatives
or their designee, mutually agreed upon by the FWS and the Cooperator, access to the project
site for annual monitoring Colorado butterfly plant populations. Monitoring will occur on an
annual basis during the peak of flowering in Ally or August, accord;ng to the FWS's Colorado
butterfly plant,Resource Protection monitoring plan. Data collected during monitoring will
include the number of flowering adult plants and habitat condition. Habitat condition in areas
managed primarily for livestock grazing will be evaluated according to Natural Resource
Conservation Service (MRCS) rangeland condition assessment methodology. Small acreage
monitoring will include a 100 foot long„ 100 point cover by life form transect through areas
where Colorado butterfly plant subpopulations occur. At each point, the?ercentage of forbes,
grasses, woody vegetation; and bare ground willl be recorded within a ift plot. Three 1.92 ftI
plots will be clipped at random along each transect for use in estimation of biomass. production
as outlined below. Additionally, three photo plots (3.ft x.3 ft square). along the transect will be
taken in order to record, qualitatively, rangeland condition.
Data will provide information regarding the effects of land management activities on Colorado
butterfly plant habitat and population growth. For those areas primarily managed for livestock
crazing average ranee condition (in terms of tctal annual biomass production in lb1ac., air-dry
weight), according to the U.S. Department of Agriculture, NMCS Ecological Site Description for
this. location, will be maintained by land management practices. Ifbelow average conditions
exist, and it is determined that conditions are due to land management practices rather than
uncontrollable climatic factors (e.g., precipitation), then a change in land management practices --
agreeable to botri the Cooperator and the FWS-- to bring range condition up to average will be
undertaken.
It is assumed that the Colorado butterfly plant requires habitat in average, or above average,
range condition according to the criteria identified above. However, while it is known that
livestock grazing is compatible with the habitat needs of the.Colorado butterfly plant, the optimal.
level orgrazing, and resulting range condition, is not known. Therefore, if it is found that some
other grazing intensity (higher or lower) or different timing of grazing -resulting in less than or
greater than average range condition as defined by the MRCS criteria above -is beneficial to the
Colorado butterfly plant, then that identified range condition will become the new target for that
location.
The FWS or its designee will coordinate date and time of monitoring activity with the
Cooperator prior to entering the study site. Management activities designed to maintain and/or
improve habitat for the plant may vary from year to year depending upon information that is
gathered during monitoring activities, the presence of unpredictable factors affecting habitat
(e.g., climate; precipitation), and the needs of the Cooperator. The FWS agrees to share any data
coliect-zd on the Cooperator's property with the Cooperator.
The Cooperator understands that special provisions identified in this Exhibit provide details
regarding how this WEA will be implemented, and that these special provisions are designed to
address the specific needs of the Cooperator. Details provided in this Exhibit take precedence
over any apparent conflicting statement between the WEA and Exhibit A.
The Cooperator and the FWS understand that this agreement will be automatically terminated if
the subject property is sold by the Cooperator and is only renewable with the new Cooperator's
written consent; i..e., a newly negotiated WEA. The Cooperator is entitled to terminate this
agreement at any time by providing a 30 day advance notice in writing to the FWS.
In addition to the Fish and Wildlife Act of1956 (16 U.S.C.742 a j), as amended, and the Fish
and Wildlife Coordination Act (16 U.S.C. 661 erseq.), this agreement is entered into pursuant to
the authority contained in Section 5(a) ofthe EndangeredSpecies Act of 1973 (ESA), as
amended (16 U.S.C. 1534), and Section 4(b)(2) of the ESA (16 U.S.C. 1531 er seq.). Section
4(b)(2) enables FWS to exclude areas from critical habitat designation where the benefits of
exclusion outweigh the benefits ofdesignation, provided the exclusion will not result in the
extinction of the species. The parties acknowledge that the Cooperators and FWS have entered
into this WEA with the intention that the property included in this WEA maybe excluded from
designation as critical habitat for the Colorado butterfly plant,
�.�` �- ,' : ram-/•(�j �,�'\, r� iy�y J ���® ,f' `�
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i
YEPA COMPLIANCE CHECKLIST -
State: 650 Federal Financial Assistance Crant/Agreement/Amendmeet Number:
ATTACHMENT 5
Grantirrojcct. Name: cr/'r-r
This pro petal s; ❑ Is not completely covered by categorical cxckttloa:Ne(s). , 516 DM 6 Appendix i..
itheei (✓) ore) (Review proposed acliveies. An appropriate ealegoriaal erclusicr. mus.' be centNied be d
completing he remcinder ofthe Checklist. Jfc cetegorrdcl exclusion cannot to Neatified. or :he
proposal cane or'meei the qualifying criteria in the categorical erctr lcr.. an iA must be prepared.)
Exceptions•
Will This -Proposal (check f V ) yes or ro foreach tiem below;
Yes
No
❑
V- ,.
leave significant adverse cff_c 5 on public health cr spfety.
C
9K 2.
Have adverse dfecs on such usicue geographic characteristics as historic or cultural resources, pa. k, tvcrcal'on
or rtfugc lands, wildernrss ups, wild or sonic rivers, sole or principal drinldng waacr ag1e7crs, pri-nc
farmlands, wetlands, ❑oocpizins, or ecologically significant or critical areas, including these fated on the
:•epartment's National Register of Natural Landmarks.
C
Piave highly co..arevcrsial environmental effects.
C
2"/ t,
Havc highly uncessin and Potentially significant environmenal effects tar involve unique. or cnkaown
cnvi-onmen;al risks.
/
❑
S.
F�tabiish a precedent for future action or represent a decisionin principle about future actions with potemially
significant environmental effects.
❑
/
C3' 6.
Be di:eetly rc`stcd to otheraetioni with individually insignificant, but cumulatively significant environmental
c Mc is.
❑ !Fe'� Have adverse, effects oa properties lister or eligible for listing on the National Register of Historic Flaces.
❑ Q5,'� 8. Have adverse crccts on species listed or proposed to be listed on the List of Snd angered tar Threat -_nod Species,
or have eeverse.fleets on designated Criticzl Habi:al for these spec iec.
❑ O/ 9. Pave material advertc effects on resources requiring comp Iiance will,. Executive Order 11988 (Floodplain.
/ ManagemonO, Executive Order 11990 (Protection of W.lands), tar the Fish and. W Idlife Coord ir.atio:a Act.
❑ W 10. Threaten to violate a Federal. State, local or tribal law or requirc:nen; imposed for the protection or the
cnviroam cni.
(If an + of sire above exc7; icr.s rcei ve a "yes' ch mY. (,�) , a E.f m cast be prep ared.)
Cbncts—toe ea)Anorevals�/ / �f
Psoicct Leader e/// Finn car / Date:
Sm to A u thorny C oramrrencc IDate:
(with lean Ciai assistance signature authority, ifopplicat le)
Wiihir, the tpirit and intent oftle Counci! of Eovi. onnaen:al. Quality i regulaions for implementing the National Environmental PoYcl�
Act (!t'£PJ, and ether- statctes, cried, end po:cie; tharproteetfish and wcdAfe resource, rhave ar:ablirhed rhefoYowing
admicfi;re ti ve record end have da:amtned that the �rent.6greemtn lhimendmenr
Is a categorical esdualue as provided by 5,16 DM 6, Appendix 1. Ne further NEPA doeumentatbn will therefore be
made.
❑ Is not completely covered by the categorical exclusion it provided by 516 Dbt 6, Appendix 1. An EA must be prepared.
❑ secludes other attached Information supponlog the Checklist.
Service tlEnature apprayal:
RO or W O Environmental Coordinator;
Date:
Starl'Special'si, Division of Federal Ail: Date•.
(or audscriced Ser'ricc reprosorslatiYc with financial assists nee signantre stwbority)
F WS Form 3-2185
09000
INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM
Originating Person: Tyler Abbott
Telephone Number: (307) 772-2374 x 23
Date: October 21., 2004
I. Region:6
II. Service Activity (Program): Partners for Fisb and Wildlife, Wildlife Extension
Agreement
III. Pertinent Species and Habitat:
A. Listed species and/or their critical habitat within the action area:
Colorado butterfly plant (Gaura.neomericana ssp. coloradensis) Ute ladies' -tresses
orchid (Spiranthes dihmialis); Preble's meadow jumping mouse (Zapus.hudsonius
preblet)
B. Proposed species and/or proposed critical habitat within the action area:
None
C. Candidate species within the action area:
None
IV. Geographic area or station name and action:
Cheyenne Ecological Services Field Office, Wyoming
V. Location:
A. Ecoregiou number and name:
B. County and State:
Weld County, Colorado
C. Section; township and range:
T11N R67W Sec. 19, 30, Weld County, Colorado
D. Species/babitat occurrence:
Several butterfly plant subpopulatiors present, approx. 55 reprcductively
mature plants
VI. Description of proposed action: Work ccoperatively with landowner, City of Fort
Collins, to adaptively manage (e.g., grazing regime; bay mowing; controlled use of
herbicide by not spraying within 100 feet of known subpopulations) approximately 280
acres of
wet meadow and riparian habitat for the Colorado butterfly plant.
Determination of effects:
�. Explanation of effects of the, action on species and critical habitats in Items
111. A, B and C:
Likely positive impact to Chc Colorado butterfly plant and its habitat., flay
positively impact Ute ladies' -tresses orchid and its habitat, and Preble's meadow
jurnping mouse and.its habitat.
B. Explanation of actions to beimplemented to reduce adverse effects:
Controlled herbicide application by not spraying within 100 feet of known
5ubpopulations, evaluate and adaptively manage grazing regime and hay mowing.
VII. Effect determination and response requested:
A. Listed speciesidesignated critical habitat:
Determination Response Requested
No effect/no.adverse modification
Concurrence
May affect, not likely to adversely affect
species;adversely modify critical habitat
Possible beneficial effect to ite ladies'. -tresses orchid
and Preble's meadow jumping mouse
Beneficial effect to Colorado buttertly plant
May affect, and is likely to adversely affect
species; adversely modify critical habitat
X Concurrence
Formal Consultation
B. Proposed speeieslproposed critical habitat:
Determination Response Requested
no effect on proposed species/no adverse
modification of proposed critical habitat
Concurrence
2
is likely to jeopardize proposed species'
adversely modify proposed criticaf habitat
i
C: Candidate species:
Determination
no effect:
is likely to jeopardize candidate species
Concurrence
Response Recuested ...
Concurrence
Conference
field Sup&Visor Daze
7X. Reviewing ESO Evaluation:
A. Concurrence Nonconcurrence
B. Formal, Consultation Required
C. Conference Requrired
D. Informal Conference Required
Assistant Regional Director Date
Ecological Services, Region 6 :. .
3
Environmental Site Assessment
Level 1 Surveil Checklist
Instructions: Ccruple:e each section. When the answer is "2s" or when: no resFonse is gi � ec in parts B, C, and D, provide
doctu=,tetion trader Part E. Describe tte distance if'^+'eariy" is checked and whether there is a known potential pathway for
ha: ard=3 substances and'or.other ecvircnmcnal problems on site. Attach a legal description and plat, topographic:sap, cr
other idefiti5katior. of the real property covered by this Survey..
Rote; Acy deletions or omission from this form will render this Survey invalid.
A. Background Information
Itureaa Name n ! TractNala"NO. �` / q ee�f/'-L,
Project Name / 1 /,� State nZ
County /^J.' (J
�J
B. Interviews: 1n1anie'a' owners, ceighbon, cotmty agents, e•.c., and any appropriate Federal authorities on past and present
use, addressing &..e topics in Part C.:and Part D. below. (Arach documentation.)
C. Site Inspection Screen: Note.obse vane er *gcoaledge or the following on site or nearby with.checlanark:
onsite Nearby
Yes Ycs None
1. Dumps, especially with dams or otber containers. (Read
labels if possible: do cot open or handle! If co labels, note
identifying characteristics.)
2. Other debrs:.note type (p.g., household, farm, industrial
waste, etc.)
3. Fils: (note if possible cover for dumps)
4. Unuscal chemical odors.
5. Above ground storage tanker: note type (e.g., penoleum
products, pesticides; etc.) Estimate tank sue
6. Chemicais/selvents gtonge: note whe.e.(e.g., barn, residence,
etc.)
7. Evidence of asbestos: acre where (e.g., fire proofmg,
acoustical plasla, sitting, or floa hies)
a. Vegmron differed from suar u:nding area for no appa-ent
reason (e.g., hate grtatmd)
9. "Sortie' or modified water bodies
ID. Oiled or rotme-ly oiled roads (note if no apparent datrage)
11. Oil seeps or other stained ground: or discolored srmm banks
12. Oil sl➢ek3 ea, or.9nxisaal Colors in,. %4teer
13. Spray opes3dou base: xtetype (e g., air strip, equipment
parlusg area)
14. Macbseryiequiprneut repair areas
15. pipelines; irajcr electrical equipment
16. Electric a-zroo vssion liza: pole -min rated. transformers (note
evidence orleaUge)
t/
Onaite Nearby
Yes Yes :None
17. Underground storage tanks, stand -pipes, constructed sites for
petroleum prcdw-t storage t/
IS. Evidence of oil and gas drilling pads or holding ponds t/
19.. Evide-= cf..-* mining, bard rock mining,. or other ezaactive
mine. al activity
,20. Other environmer tal problems:.(sce 341 FW 3.5 C.) .Attach
dccwmeuueon q/
D. Record Searches: Coordinate with.Divisior. of fealty. Attach docurnertation to show that •appropriate inquiry' was
made from "ressonably ascertainable' information (see 34.1 FW 3, Exhibit 4) for the followtng:
I. Past uses that aag,'tt mdicite potential h=udous substance or other
environmental problems no site (CIRCLE any that are applicable and
.document in Section E): comay.
Manufacwing; service smtiar; d. / cleaning; air strip; Fipeline, rail line;
facility Rita large electrical transformers orp•.tr ping equipment;
peroleun production; landfill; Scrap m.'tai, auto or battery :ccydinW
rm7iary; lab; Rood preserving.
Other (describe)
2 Nearby land discs, espe_iaily upsa cam or op gr_dien or tbnt might have
had waste to dump at site (see above list).
Identtfy: Nona
3. Knows hazardous substance sites in vicinity: NPL, state sire, or
candidate site (check with EPA or state EPA counterpart} Yin Na L
4. Agricultural drainage history: surface, acd/or s;hbsurface draitm Yes
5. In acquiring land from another Federalagency, that ageoey has notified Yes NO �G
the Depas to nt of pest or oar--nt presm= of a ba_ ardms substance
tinder Section 120(b) of CERCLA (Superfucd). Not Appneabtr —oC
E. Documentation and Analysis (Attached): Include all documentation for Parts A, 3, and C above (e.g., detailed summary
of site conditicns; description of topography and otter site features; list cf records searched and fmdizgs; list of persons
interviewed and c czr=zits; analysis; phctes; etc.) Include coccluiors. by Eaviroomental Contaminants Specialist, if any.
Peter McCcwan (CBFO En iramemal Contaminants Specialist), and Dan Murphy (CBFO Federal Activities biologist).
conducted a Level 1 Sorvry on Febmary 26, 2001. The combined tracts are accessed EomReute 1, along the access road
leading to the Brcadkdln Sportsata*'s Club. The combined tracts. are bounded by Prime Nook NWR to the north, east, and
south. Private lots bound the western boundaryof the tract. The predormnant landtype found on the ands were identified as
agricultural, with forested wetlands located within the Lodaml trot During the site visit.. McGowan and'vlurphy collected
I I soil samples from randomly selected sites on the Jefferson tact (Figure 1} Basis for collecting schl samples, which is
usually act conducted dusting a Level I Survey, was to make sure that lead abut from the.Broadksln Sportsman's Club, a nap
sboo•sg range, bad not impacted tie tract Sod samples were collected at the surface (0-2') st 2-8' sad at 8-14". Soil
samples were screened at CBFO for lead shot pellets. Wet sieving of soil aazWks on March 2, 2001. revealed no lead shot
Pellets in any at the soil arttmhles:
Go Febn:ary 28, 2001 McGowen spoke with Mr. Jim Jefferson (302) 684-8333, owae. of tract 108, to discuss his
knowledge ofexisdng contaminant problems and the past use of the ptopa-ml. fir. Jefferwa stated he wu not aware of any
existing contaminant problems, including durcp sites on the property, and condutted that, the property has ahurays been used
manage riparian habitat for the federally threatened Colorado Butterfly Plant
(Laura neomexicana ssp. coloradensis) within approximately 600 acres of the
Leased Premises. The Lessee must at all times plan, manage and conduct its
activities under this Lease in accordance with the terms of the Butterfly Plant
Agreement, to the extent applicable.
4.7. The Lessee must not permit or suffer the use of, or presence on, the
Leased Premises by: (1) the general public, or by (2) any persons other than Lessee's
employees or agents, who are permitted to occupy or use the Leased Premises only to the
extent required to carry out the purposes of the Lease. Lessee's employee residing in the
Ranch Headquarters house may have personal invitees in the residence, but any other
presence on, or use of, the Leased Premises by said invitees is expressly prohibited.
4.8 The Lessee is responsible for security of the Leased Premises, including
but not limited to closing gates and reporting trespass or other violations to the Lessor.
Lessor will provide Lessee with emergency contact numbers that may be used to report
trespasses or other violations at any time. The Lessee must at all times have a designated
and appropriately trained and qualified person who will take primary responsibility for
the Lessee in carrying out the requirements of this paragraph.
4.9 If the Lessor, in its sole discretion, deems it necessary for any reason,
Lessor may restrict grazing under this Lease on any portion of the Leased Premises. In
the event of any such restriction, Lessor may modify the number of AUs allowed to graze
hereunder or on any particular portion of the Leased Premises accordingly.
ARTICLE V. Maintenance and Repairs.
5.1 The Lessee must maintain and keep in orderly condition and in a good
state of repair all of the Leased Premises, not including the facilities listed in paragraph
1.4 above, and all grazing -related improvements located thereon, whether existing as of
the date of this Lease or added thereafter, including, but not limited to: boundary and
interior fences and gates; all livestock watering facilities including but not limited to
windmills, stock tanks, buried water pipes and pumps; corrals; and any buildings Lessee
uses constituting part of the Ranch Headquarters. The Lessor will keep and maintain the
Ranch Headquarters house, including without limitation, the structural support, roof,
plumbing/electrical, kitchen range, refrigerator, windows, and exterior walls in good
condition, working order and repair. The Lessor is also responsible for heating system
maintenance and repair. Any repairs, other than normal wear and tear, required because
of damage caused by the Lessee will be the responsibility of the Lessee. Maintenance of
watering facilities includes filling stock tanks prior to grazing activities and draining
them, along with other water system infrastructure, upon completion of the grazing
season. The Lessee is not responsible for maintenance or repair of Lessor's municipal
sludge storage or application facilities.
5.2 The Lessee is only responsible for maintenance and repairs that are
ordinary and routine in nature. Lessee will promptly notify Lessor of needed
E
for agrcuI=aI pt.-poses. On March 54,201 McGowan spoke with Xlrs. lone Lotland about loewn or potential cone3ri,4na*+
threats on tracts belougirg to her. N15. Lotland stated she was =aware of any existing contaminant threats on any of her
tracts.
Corr'tcnt9 on sections checked ether than'pore" in section C.
No. 6. During the. site survey a small woodea storage sled (td 38° 48.99; W 75' 16.931 located on the Lafland tract was
checked for potential ccntai;h=t threats. Located inside the shed was a plastic 5 gallon.bucket (full) of roofing repair tar
(see Figures 2 and 2) There were no signs of leakage from the container. It is recoratizcded that the container be removed
from the shed.
io.16. A powerL'ne exists along the dirt access road th2t s located on the Ieffetscn tract. Thee are no pole matizaed
tramformers located on the prop et, itself however, there. is one located on.the adjacent 198 acre tract next to the gated
entr.tcce to the Brcadin Sporsman's Club. There were no signs of leakage from the transformer_
No. 20. See comaea-s in section D (below)
On March 5, 200 i McGoxaa conr=md with Print-. Hook N WR macager tbat the tracts have no newly identified con mi"ant
problems or threats. Overall, and considering the historical land are of the tracts, any conalmina** threats or problem should
be cousideed m+++ianal or riot- existent
Cornrtrnts on Rccord Searcbes in sericn D.
Or Febr tary21, 2001 McGowag conduct-d a EPA database cuery for CERCLIS (1 record), RCRIS (3 records); TRI (1
record), and NYPDES (0 records), and A1R5/AFS (I record) sites and fac%iees near the tract See attached sheets. Quern
records. except for one, indicated no sites m. facilities that wocld impact;the tract. The single exception was the Broadldln
Sportsman's Club (CERCLIS) and wms related to the lead shot ccntaadmtion that had been previously identified at the site.
The single TRI and AMS/AFS records were associated with Draper Cattaing Company, and Draper King Cole, two'cnnning
companies located in blilton, DE. Both of the canaerica are no longer in business. One of the 3 RCR1S records is also
associated with.Draper Canning Company. The two remaining RCRIS records are associated with facilities that pose no
environmental contaminant thr tolhe tract or iefuge.
F. Certification (Preparer sign one and only one of the following.)
1. I certify that to the best of my knowledge, ro ha: ardour substances or other cnviroam etal problems am
present on this real propery, and there are no obvious signs of any effects of such substances or. problems..
Signed ! Print Name ,► i.
Date /A — -e Title
2. The surveyed real propery, or a portim thereof, coaminsba.ardoats subst aces or outer enviroratental
problems as deterrrined by the environreemal site assessment The owner of that, real estate has cleaned up
or will clean up the hazardous substances or other environmental problems to bureau, specifications
(documentation of the owner's corm basest. ability, and plan to clean up the property is attached). A Level
11 to Level III Survey is not required
Signed Print Name
Date ']idle
3. On the basis of the information collected to complete this form it is possible to reasonably eocchrde that
there is a potential for hazardous substances Cr otha envirom-amud problems, or the effects of harardans
substances or other environmental problems, to be present on this real property.
A Level 11 Survey is recommended
A Level M Survev is recommended
Signed Print Name
Dare Title
4. On the buis of the information collected to complete this Survey it is possible to reasonably conclude that
there is a potential for hudo s subsunces cr otter cmiromaectal problems, or the effects o,`huardous
substances or ether environmental problems, to, isrhea be present on this real property, bat sufficieni
information docw=ted to conclude that a Level II or Level III Survey u' not nccessar/. The actcal or
potential rcmcdiztoo or otter mvircurnental cleamip costs or other aa.-nctary darrages.on thu real
property r=scnably can be expected to be S
Sia ed Print *tame
Date Title
G. Reprogramming
Reprorrca mag wM _ w ll not be required.
II. Approviut Otiicial
Silted Prim dame
Dated Tide
4
VYTA Checklist
This checklist is an aid to ensure compliance With all appl . ic-a . ble Federal, S'ate and
,Local laws . and riles: ardShou'd be included withIffiancial Cover Page and WEA.
Typ
e of Project:
Grazing Sykern
Riparian Fen'Gina
Off -site Wier Deve, CpMent
Wetland Restoration
Wetland CreatiorLTahance--nen-L
SUrtam•Restoration
Upland Resqbmtion (i.e. Seedin2, Dixie Harrow etc.)
Other(explain) j4—?Z4_15.,
Permits and Notificaticn:
,ZZI Corps 404 Pena -t
DEQ (EPA 401 Cenf=ion)
Intra-Section7.Revia*
Section 106 Flistorical and Preservation Act
Wyomirg Sta-,6 En-cineer's Of-ice.kppro"Yral (Temp. Filing 9 UM
NMEPA Compliance a.ecklist
;K Level One Contaminates
Depletions (North Platte &-. Colorado Rivers)
Ma Tribal Ap;z6val Letters e'�c.
/t,4 1,,RCSNEni=-alEffects fAD-10'1.6)
11g- .1yfisc. Permits (List)
Financial Documents:
_Ate ACH Vendor Form
.4�t,29''W-9 Form
Wildlife Extensicn Agreement Cover Sheet
Cooperator/ProjectName:
Agreement f. Project Type,
Submitted by:/-ay,s�, ��i'6�,�� Date: ld—/9��
Private Lands R presentative
TYPE OF DOCUMENT:
WEA $
Funding Account:
obligated.
WEA - No $ obligated.
Cooperative Agreement.
All purchases to be made by USFWS.
ChaHenge Cost Share Agreement S
CCSA T)tle
Cooperative Agreement
Title
Amendment to existing agreement S
METHOD OF.PAYMENT: Landowner does work, receives check, will be taxed
(reimbursed for work/labof. performed).
Landowner does Work, receives shack, will not be
taxed (reimbdrsed.for purchases made).
Landowner hires .contractor, receives check, p-nys
contractor.
Purchase order $
VISA purchase $
OTHER: ACH Form Vendor Number
RDE W-9 Form
APPROVED: Copies m3hed to: Cooperator
R.O ,
invoice r•ecelvsd7 . ( Y ! N )
Forwarded to FC Date accepted
Per—mits and other documentation required:�,
maintenance and repairs to the Leased premises that are extraordinary or major in nature.
(see also Article VI. Alterations and Improvements).
5.3 The Lessor is responsible for the reasonable cost of all materials necessary
for both routine and extraordinary maintenance and repairs, unless due to misuse or
neglect by the Lessee. Lessee is responsible for the costs of all labor for ordinary and
routine maintenance and repairs and Lessor is responsible for the cost of all labor for
extraordinary maintenance and repairs, unless due to misuse or neglect by the Lessee.
5.4 All maintenance and repairs to the Leased Premises required of the Lessee
must be made promptly and when necessary. In addition, all such maintenance and
repairs must be done in a good and workmanlike manner and in compliance with all
applicable laws, statutes, ordinances, rules, orders, regulations, and requirements of all
federal, state, and county governments and the appropriate departments, commissions,
boards, and officers thereof. All work by or for Lessee must be carried out in a manner
consistent with the terms of the Conservation Agreement.
5.5 The Lessee must keep the Leased Premises clean and in good sanitary
condition, as required by the statutes, ordinances, resolutions, and health, sanitary, and
police regulations of the Counties of Larimer and Weld and State of Colorado, except
that Lessor is responsible for controlling noxious weeds or toxic plants. Any equipment,
materials or supplies that Lessee brings onto the Leased Premises must be kept under
cover (except large equipment such as vehicles and trailers) in a location acceptable to
the Lessor and removed from the Leased Premises when no longer needed. Any trash,
junked equipment or waste materials generated from Lessee's maintenance and repair
activities on the Leased Premises must be stored under cover or removed promptly from
the Leased Premises. The Lessee must neither permit nor suffer a disorderly noise or
nuisance whatsoever about the Leased Premises having any tendency to annoy or disturb
any persons occupying adjacent land. The Lessee shall neither hold nor attempt to hold
the Lessor liable for any injury or damage, either approximate or remote, occasioned
through or caused by any maintenance, alterations, or repairs made by the Lessee upon or
to the Leased Premises or the improvements located thereon.
5.6 If the Lessee fails to perform any maintenance or make any repairs
required of it to be made under this Lease, the Lessor may, but is not required to, make
such maintenance and repairs on the Lessee's account, and the Lessor may add its costs
and expenses for such repairs or replacements as additional rent due to the Lessor under
this Lease. Lessee will then pay such amount to the Lessor within thirty (30) days after
receiving written notice from the Lessor of the costs and expenses paid by the Lessor for
such maintenance and repairs.
5.7 Upon termination of this Lease Lessee must restore the Ranch
Headquarters house to the condition it was in as of the beginning of this Lease,
reasonable wear and tear and Lessor -approved alterations excepted.
51
ARTICLE VI. Alterations and Improvements.
6.1 The Lessee must not make alterations, additions, improvements or
changes to the Leased Premises, or the improvements located thereon, without the prior
written approval of the Lessor. Any such alterations, additions, improvements, or
changes approved by the Lessor must be done by the Lessee in a good and workmanlike
manner and in compliance with all applicable building and zoning laws, and all other
applicable laws, statutes, ordinances, orders, rules, regulations, and requirements of all
federal, state, and county governments and the appropriate departments, commissions,
boards, and officers thereof. If the Lessee wishes to make additions or improvements to
the Leased Premises beyond what is required for maintenance and repair as described in
Article V, the Lessee will be responsible for the cost of such additions and improvements
unless the parties agree to a cost -sharing arrangement.
6.2 The Lessee hereby indemnifies and agrees to hold the Lessor harmless
from all liens, claims, or charges on account of any alterations, additions, improvements,
or changes made to the Leased Premises or the improvements located thereon by the
Lessee.
6.3 The Lessee is responsible for construction and maintenance of any
temporary fencing necessary to exclude livestock from an area for monitoring purposes
(grazing exclosures) or to facilitate rotational grazing. Unless otherwise agreed by the
parties in writing, Lessor will provide all materials necessary for the construction and
maintenance of grazing exclosures, and such exclosures will be Lessor's property.
Responsibility for the costs of constructing and maintaining temporary fencing for
rotational grazing, and ownership of such fencing, will be determined between the parties
on a case -by -case basis.
6.4 The Lessor reserves the right, from time to time (without invalidating or
modifying this Lease) to make alterations, changes and additions to the land and
improvements that constitute the Leased Premises.
6.5 At the end of the term of this Lease, all fixtures, equipment, additions and
alterations will remain the property of the Lessor, except as otherwise provided under the
terms of this Lease. However, the Lessor may require the Lessee to remove any or all
such fixtures, equipment, additions and alterations and restore the Leased Premises to the
condition that existed immediately prior to such change and installation, normal wear and
tear excepted, all at the Lessee's cost and expense. All such work must be done in a good
and workmanlike manner and consist of new materials unless otherwise agreed to by the
Lessor.
ARTICLE VII. Covenant of Title and Quiet Enoyment
7.1 The Lessor covenants that it is well seized of and has good title to lease
the Leased Premises and does warrant the title thereto except and subject to the
following:
7
a. All easements, covenants, reservations, restrictions, rights -of -way, and
prescriptive or adverse rights, in place or of record;
b. Any restrictions, reservations, or exceptions contained in any United
States or State of Colorado patents of record;
C. All zoning and other governmental rules and regulations; and.
d. All oil, gas or other mineral reservations or exceptions of record.
ARTICLE VIII. Insurance.
8.1 The Lessee, at its sole cost and expense, must procure, pay for, and keep
in full force and effect workers compensation insurance for all of its employees to be
engaged in work on the Leased Premises under this Lease.
8.2 The Lessee, at its sole cost and expense, must procure, pay for, and keep
in full force and effect a comprehensive policy of general liability insurance covering the
Leased Premises and insuring the Lessee in an amount not less than Six Hundred
Thousand Dollars ($600,000) covering bodily injury, including death to persons, personal
injury, and property damage liability arising out of a single occurrence. Such coverage
must include, without limitation, the insured's liability for property damage, bodily
injuries, and death of persons in connection with the operation, maintenance, or use of the
Leased Premises (including acts or omissions of the Lessee or of its officers, employees,
or agents), liability arising out of lawsuits related to employment contracts of the Lessee,
and protection against liability for non -owned and hired automobiles. Such coverage
must also include comprehensive automobile liability insurance and coverage for such
other risks as are customarily required by private institutional mortgage lenders with
regard to property similar in construction, location, and use as the Leased Premises under
this Lease Agreement.
8.3 All policies of insurance carried by the Lessee must name the Lessee as an
insured and name the Lessor as an additional insured on the policy. The policy or
policies must contain a provision that the policy or policies cannot be canceled or
materially altered either by the insured or the insurance company until fifteen (15) days
prior written notice thereof is given to the Lessor. Upon issuance or renewal of any such
insurance policy, the Lessee must furnish a certified copy or duplicate original of such
policy or renewal thereof with proof of premium payment to the Lessor. Any such policy
must contain waivers of subrogation and waivers of any defense based on invalidity
arising from any act or omission of any assignees or subleases of the Lessee.
8.4 No policy of insurance required by this Article VIII can include a
deductible clause in an amount greater than Ten Thousand Dollars ($10,000.00). Any
insurance policy purchased by the Lessee must be written by an insurance carrier which
has a current rating by Best's Insurance Reports of "A" (Excellent) or better and a
H
financial rating of "X" or better or such equivalent classification as may hereinafter be
required customarily for properties similarly situated and it must be approved by the
Lessee and the insurance carrier must be authorized by law to do business in the State of
Colorado. The Lessee must not obtain any policy which, under the terms of the carrier's
charter, by-laws, or policy, loss payments are contingent upon action by the carrier's
board of directors, policy holders, or members. All insurance policies carried by the
Lessee may be reviewed at least annually by the Lessor to ascertain that the coverage
provided by such policy adequately covers those risks required by this Article VIII to be
insured by the Lessee.
8.5 In case of the breach of any provision of this Article VIR, the Lessor, at its
option, may take out and maintain, at the expense of the Lessee, such insurance as the
Lessor may deem proper and may bill the costs for such insurance directly to the Lessee.
When so billed, the Lessee must reimburse the Lessor for the costs of such insurance
within thirty (30) days of being billed.
ARTICLE IX. Utilities.
9.1 The Lessee agrees to pay all charges for water and sewer service, gas,
electricity, light, heat, power, trash removal, telephone, and other communication
services used, rendered, or supplied upon or in the Leased Premises and the
improvements located thereon, and to indemnify the Lessor against any liability or
damage on such account. All such utility charges shall be paid by the Lessee before the
date the same become delinquent.
ARTICLE X. Sisns.
10.1 The Lessee must not affix, erect, or maintain on the Leased Premises any
sign or placard without obtaining the Lessor's prior written approval. The costs of
erection and maintenance of such sign or placard are the sole responsibility of the Lessee.
In addition, any sign or placard approved by the Lessor must comply with all state and
county laws, rules, and regulations.
ARTICLE XI. Subletting and Assienment.
11.1 The Lessee may not assign this Lease, any interest or a part thereof, any
right or privilege appurtenant thereto, nor mortgage or hypothecate the leasehold without
the prior written consent of the Lessor, in Lessor's sole discretion. Lessor's consent to
one assignment or hypothecation shall not be construed as a consent to any subsequent
assignment or hypothecation; and it is hereby mutually covenanted and agreed that,
unless such written consent has been obtained, any assignment or transfer or attempted
assignment or transfer of this Lease or any interest therein or hypothecation either by the
voluntary or the involuntary act of the Lessee or by operation of law or otherwise, shall,
at the option of the Lessor, terminate this Lease; and any such purported assignment or
transfer without such consent will be null and void. The Lessor's consent to any such
w