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Home My WebLink Aboutbocc.con.048.1997 � � = cy�-ys� — � - �:- ��:� AGREEMENT :��"t' ��::;rt;: �-�,1.`,iJiY`,. THIS AGREEMENT is made and entered into this J��day of��/_, 1997 by and ;;: �_ . '" between the Boazd of County Commissioners of Pitkin County,Colorado.a body corporate and � ' � politic("County")and Park Trust,Ltd.,d/b/a the Aspen Valley Land Trust("AVLT"). �°' �`' Y K,V WITNESSETH �''`�.'�.' 1�t7F�REAS, the County appoints the volunteer citizen members of the Open Space & ;',� '� Trails Soazd of Trustees("OSTB")who recommend expenditures from the Open Space&Trails .- fund and the coaditious for such expendinues,as pmvided for in Article XIII of the Pit[cin County '''�' Home Ru[e Chazter;and �:a:.r.�`� i� , ,_ WHEREAS,the Counry(through the OSTB)and AVLT anacipate accepting a graat of a �;,: �. conservation easement as co-grazrtees, over and across the real property known as the Dart • Property, . : ' ' (referced to herein as the"Conservation Easement" recorded as recepfion number�+o'+�f the records of the Pitkin County Clerk&Recorder's office), which grant imposes obligacions upon the County and AVLT as co-grantees;and �'•�� i i� WHEREAS,this Agreement shall specify the procedures for the parties hereto to follow in resolvin issues which may arise due to Yhe nanue of their ittteresu as co- �"'1 � � grantees of the �« 1� Conservarion Easement; w�°+ �r ��Nr F1'.; r�= •�� `} NOW THEREFORE,in consideration of the mutual promises and covenants herein,and .��o :) other �ood and va[uable consideration, the receipt and sufficiency of which are hereby -0y �� acknowledged by the par[ies'execurion of this Agreement,the parties agree as follows: �w Y ,� ��sr ��d . 1. When a provision contained in the Conservarion Easement requires the consent .n�um a rovai. a ment of funds or other res nse of the --a @ pp p y po grancees,che Countv shall refer any decisions �nm relative to its status as grantee of the Conserva[ion Easement to the OSTB for recommendadons as .�,�Z to the appropriate response for so long as the OSTB is in existeace. �� 2.(a). When a provision in the Conservation Easement requires the consent approval or ��c �� other response of the grantees,the County and AVLT shall determine their msponse based upon �m m � theu good faith efforts to protect and preserve the conservation values of the Conservation ~ns Fasement(as such values are identified in the Conservation Easement and the Baseline Stndy �a� � attached to such easement}. For purposes of this Agreement. "�ood faith efforts" shall include `�� + � reference to scientific data.consultation with persons qualified to evaluate the conservation values �:°.° ; at stake;precedents for response accepted by the conservation easement community,and the]ike. '—a� (b). If the County and AVLT are unable ta mutua(ly agree on their respottse within ten(10} days of receip[of notice chat a response is required of tl�e parcies, the Counry and AVLT shai] � immediately identify a third party,acceptable to both the Counn-and AVLT,�vho shail resolve the differences between the parties by rendering a decision based ugon such party's erperience in such matters. Thus,any third party chosen by the County and AVLT shall be qualified to render a � `. .. f IINII tllll illiil illll 11{NI 111 III(Itl!N 1111!lill 111! ''' ~:_: � - 411303 12/04/1997 09:18R AGREgMEN ppy=S SILVI �.' � 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN CWNTY CO _. , J _ ___.._.__ . ,��y � - .'�Y!:,�: � '��.� .� � + '�.'':•'�• . � I { � '� '. 1 � 1'♦ , I � .� .b . ,1T'.�",�_. _.__._�_ .—�--. . ___�. _ • . _"�'._� - �. - a` D.� :.�'�. � � ....vj YUfe'N A�-w-.�. , .. . � _,. ' ,�;,.;y�,.� ��,�=.�. ,�;�.L.. �'::�:�:":: ' u�.Y;�r�. decision in the circumstances; for instance,if the difference of opinion between the County and -'° '?' ' AVLT is whether a new use proposed by the underlying fee owner of the land encumbered by the .�� Conservation Easement is compatible with the wildlife habitat pmtected by the Conservaaon `� Easemen�the third '�: party must have qualifications sufficient to analyze the impacu on the habitat (such as a wildtife biologist or naturalist). +'.�.•�' 3. When a provision of the Conservatioa Easement requires the payment of funds by the � grantees,whether for monitoring the Easement,enforcing the Easement or otherwise,the grantees r,,_"_ . shall shaze such costs equally. In the event that either party is unable to pay its fifry percent share (:"4 ' of any payment required by the Conservaqon Easement and can demonstrate to the satisfaction of i:y,:" the other party its inability to contribute iu share,the party with the funds available sha[I pay the monies required by the Conservation Easement. Should the non-contributing party acquire funds at ;� • a later date,it shal(reimburse(with interest at the prime rate charged by t�lorwest Bank of Denver) . the party who originally made the payment for the non-con�ibuting party's shaze of the paymenG The provisions of this paragraph shall also apply to those instances in which the parties agree that „ the payment of funds under the Conservation Easement are advisable (such as the payment of _ • delinquent taxesl,althoueh not required,by the terms of the Easement. If the par[ies aze unable to �J� agree that the payment of such funds aze advisable,either party may pay such amounts from its own �..y Y funds,without reimbursement by the non-paying party. �y= i r ��N= �. a c°a -' 4. When a provision of the Conservation Easement requires the consent,approval,payment —° ' `z« !; of funds or other response of the County and AVLT,such action shall be taken by the parties within �W Y ; . ten(10)days of receipt of notice advising of the need for acuon. Should either party fail to act �W d �,� within such ten day period, that parry shall be deemed to have waived its right to act in such �¢m � instance;however,such waiver shail not apply to subsequent actions requested or required of the �d� parties. In the event the acdon requested is the payment of funds and one pariy faiIs to pay iu ��z : _ share, the acting party raay pay the non-acting party's share and the acting parry may demand �,mm � reimbursement from the non-acting party for its share,in accordance with paragraph 3 above. '�"a m �wn _ 5. In the event the Conservation Easement shall be wholly or partially extinguished. �m m whether by condemnation or other�vise,reinvestment of the proceeds from such e:ctinguishment =i a shall be made in a property or propenies jointly agreed upon by the parties.which,to the greatest �� t extent possible,procect the same conservation values as the e:ctinguished easement. Further,the ,�,n�.. reinvestment property shall be geographically as close to the location of the properry whose '�"�N conservation easemenc �vas extinguished in whole or in part, as possibte. Any investment of proceeds from the exnnguishment of a conservation easement shall be made in accotdance with the provisions of the Iniemal Revenne Code in effect at the time. �1i 1 6. All responsibilities and obligations assumed by the patties hereto as co-grantees s[�all be � performed joindy,such as the monitoring of the Conservation Easement. ' 7. This Agreement shali be binding upoa die successors and assigns of the County and AVLT for so tong as the Conservation Easement is in effect. Should either parry to iMs Agreement � seek enforcement of the terms of this Agreement aesinst the other party,the substantially prevailing �. ' party shall be enutled to a reimbursement of iu reasonable legal costs and fees from the non- .•"� I IIIIII111(I il(!II Illil Ilfl(I111 i�llil!ili iilil iill Iiti �� '� 411303 12/04/199T 09:18q pGREEMEN DRVIS SIlY2 t�, 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO �: 1:: _. _ 'r'�' � , �` _ , � � i -� � - ��.� � _ . . ; ., i., : . � ". . •. . .. � _ ---- �- -� +�.-----_ __-- ^-- .— _ _ _ ' '.;�. . ..� ,..._,_. -�.. - — _ 4 r ,�; a,.:^.;;`' ��'. y 3,'�Y 4 .��K ,.,4. ir� ':.: prevailing party. This Agreement shall be interpreted in accordance with the laws of the State of ,�. �; ' Colorado. `�'�� IN WITNESS WF�REOF,the County and AVLT have executed this Agreement as of the �`:� day and yeaz first written above. '� � ,.:;' � . COUNTY: ATTEST: �'�`� % BOARD OF COUNTY COMMISSIONERS �. " �::. OF PTTKIN COIJNTY, LORADO 1 "`' ': � j';�� t , `.� � `^ , . By. � •�:.:�- - i Bill uite Chairman Jea�uette ones ./ D.�puty Clerk&Recorder ` I •.:*.:._ .: ;I DATE: S��Y^Q7 , y .. 1 ►: • r ' t }� AVLT: PARK TRUST,LTD.,DB/A ASPEN VALLEY LAND TRLIST � �M .�.1 V �M F =w a . ! • p F By: • G ��«j �� Darcey wn,President G� 'O o° _ _ . � ! � =�F F - E � n6 pJ�d ��g� �"�d K: i � ��J �J?" ��am ��e i ��z c:J�omeyan�h�wordku�uvkartb.agt j ��B B t ��up a � =0p1 O t � •_•�a ...a m -- r � ��m � �,..a� � � �� F ; ��o � . �.a M � � ; E c i iT � I I'�III"III'/I�'I IIIII'�I'll III I'�I'll II��'�"�I��I"I y �~ 431383 12/04/1997 09.18R pGREEMEN DAVIS SILVI � 3 of 3 R 0.@B D 0.00 N 0.00 PITKIN COUNTY CO � 1; ' ! _ `i ' , _ _...__ ___ � , , _ .--, __._-__---___ .- - • 1 ____.__._ _-.--•-._..__._� � . Y ;; � �} , , � ;� - � -- � . I . � k:; ' _ ' ��. � .. . . . � ' . ' . � (.� 4..•. � . 1�.. � l��°Ar,M1�,', i �`�<y � .. _.. . . " _ ' . w`4 '. ?E� � ' ' i� ��k.. :• . . .— . '_'_ .'_"' . ".� _ '� �'S� ` .��__ . -,... __'.�� _. " . . . � - a.; l � � ' *�7 +��. '!*,I �_'��'