The URL can be used to link to this page

Home My WebLink Aboutbocc.con.123.1996 G ��/2 .� C:��; ,,.;��."~ - ► ;., -;> . ,: ADDENDUM TO �- `.. DEED OF CONSERVATION EASEMENT . '_ ; _, NOTICE:TAiS PROPERTY HAS BEEN ACQUIRED IN PART WITH A GRAIVT FROM THE STATE BOARD OF THE GREAT OUTDOOItS COLORADO TRUST FUND.THIS DEED CONTAINS RESTRICTIONS OiV THE USE AND DEVELOPMENT OF THE PROPERTY WAICH ARE INTENDED TO PROTECT ITS OPEN SPACE VALUES. THE STATE BOARD ��.°:. OF THE GI2EAT OUTDOORS COLORADO TRUST FUND HAS FOUND THAT THE ADOPTION OF THESE DEED RESTRICTIONS IS IN THE PUBLIC INTEREST. ' .r�" TH(S ADDENDUM to DEED OF CONSERVATION EASEMENT is made this��ay of ' December,1996,between Windstar Land Conservancy("Grantor"),and the Aspen Valley Land Trust .. • ("AVLT")and the Board of County Commissioners of Pitkin County,Colorado,a body corporate and potitic(collectively,the"Grantee"),Rocky Mountain]nstitute("RMI"),and The Windstar Foundation (the"Fouodation"). • RECITALS: A. Grantor is the record owner of that certain real property in Pitkin County,Colorado, �. consisting of approximately 957 acres,more particufarly described in Exhibit A attached hereto and r incorporated by this reference,and which is refemed to as the"W indstar Property"). � � • B. The parties have entered into a Deed of Conservation Easement dated December�, 1996,concerning the Windstar Property(the"Deed of Coiiservation EasemenY'),which is attached to i' this Addendum(the"Addendum"). All references to Sections are to the section numbers in the original Deed ofConservation Easement. C C. As part of the origina!consideration for the e�ecution of the Deed of Conservation Easement the parties have agreed to enter into this Addendum. The terms vf this Addendwn are intended �`'� to be read in conjwiction with the terms of the Deed of Conservation Easement. F , i. NOW,THEREFORE,ia consideration of the above and the mutual covenants,terms,conditions, and restrictions contained herein,the parties hereby enter into this Addendum to Conservation Easement. + ]. Section 8-Grantee Anarovai of Unlisted but Consistent Uses and Practices:Notice. a) The following is added to tlie first paregraph of Section 8: "Grantor shal!also give written notice of intention to commence or undertake such activiry to the Executive Director of the State 8oard o£the Great Outdoors Colorado Trust Fund(hereinafter the"Board"),and shall obtain the written approval of the Bpard that such proposed use or activity is consistent with the Conservation Values of this Deed of Conservation Easement. In the event the Board does not object to such activiry . with thirty(30}days of receiving written notice of the proposed activity,then the activity ' may be commenced or undertaken without the written consent of the Board." b) The following paragraph is added to the end of Section 8: C:\Hrordota\goco\�vindstmrlaAdcnJum2 � ". II103N6 �. � 1 4@0406 12/�0/199E 11:37A PG �8 OF 32 ?rl`' / ' . }' � ' r • '>I ki`%""�'T•�. Ij; � j; "Any notice,demand,request,consent,approval,or communication that any party `�. desires or is required to give to the Board sltiall be in writing aiid either served , ">; persona�ly or sent by flrst class mail,postage prepaid,addressed as follows: , - ,. �. . To the Board: Executive Director State Board of the Great Outdoors Colorado Trust Fund Suite 900 303 East l7th Avenue Denver,CO 80203 or to such other address as the Board from time to time shall designate by written notice '. to the otlier parties at the addresses shown in the Deed of Conservation Easement." � � 2. Section 14-Subsequent Sale.Exchanee.Condemnation or[nvoluntarv Conversion. , Section 14 is amended by the addition of the following paragraph: T "Without regard to whether the Cra��tee's actions are the cause of the extinguishment or termination of tliis Deed of Conservation Easement,in wvhole or in part,in the event of condemnation or termination,the Board shall be entitled to receive that portion of the net proceeds of condemnation or sale of the Property,which is equal to a fraction,the numerator of � which is the amount of the grant from the$oard which was used to acquire tl�e Proper[y and the denominator of which is the acquisition price of the Property." . 3. Section 17-Amendment.The fo!lowing sentences area added to the second paragraph of Section i 7: "The prior written approval of the Board shall also be required for an Amendment to t6is Deed of Conservation Easement. Any amendmenc must also be signed by the Board,and recorded in the records of the Clerk and Recorder of Pickin County." 4. Section 18-Extineuishment.The following sentences are added to Section 18: "Each party shall promptly notify the other when it first leams of such circumstances,and shall, in addition,notify the Boanl of such circumstances. The amount of the proceeds to which Grantee shall be entitled,after the satisfaction of prior claims,from any sale,exchange,or involuntary conversion of all or any portion of the Property subsequent ro such tertnination or extinguishment,shall be determined,unless otherwise provided by Colorado law at the time,in accordance with Section 14 above." 5. Section 20-EnCorcement of Riphts. Paragraph(A)is amended by t6e addition of the following sentences: "If Grantee finds what it believes is a vio(ation,Grantee shall also immediately notify the Board in writing of the nature of the alleged violation. Grantee shall thereafier keep the Board informed of its efForts to enforce the terms of this Deed of Conservation Easement." • . 6. Section Zl-Assienment.This section is amended by the addition of the following two sentences: ' "Any assignee of the Grantee's interest also shall be approved in advance in writing by t6e Q\worda�a\goco\�rinds�ar�uddendum2 2 . 12/03/96 , � - ' 'i 4Q�1a4a6 12/s0/1996 11:37Fi PG c9 QF .;c ! .?�"'. � '� ' . , , ��r! � : �": �t ,;�,r . 3, Board. The Board shall have the rigl�t ro require Grantee to assign its rights and obligations �'r•�- ` under this Easement to a different organization if Grantee ceases to exist or for any reason fails ��, 1• or refuses to enforce the terms and provisions of this Easement." ,�,� . > -., . 7. The following new section is added following Section 24-Interpretation: �� = );` "Z5.Terminatioo of the Board. In the event that Article XXVII of the Colorado Constitution, wi�ich established the State Board of thc Great Outdoor Colorado Trust Fund,is amended or ;-' repealed to terminate the Board or merge the Soard into another entity,the rights and obliga- , �' ,� tions of the Board hereunder shal(be assigned to and assumed by such other entity as provided -' :r� by law,but in the absence of such direction,by the Colorado Department oFNatural Resources •k .; . or its successor." `n4 . r 8. Except as amended by this Addendum,the Deed of Conservation Easement shall remain in fult - . � force and effect. In the event of conflict between the terms of the Deed of Conservation Easement and this Addendum,the terms of this Addendum shall control. �� r;; TO HAVE AND TO HOLD unto Grantee,its successors,and assigns forever. ;j?� IN W['fI3ESS WHEREOF the parties have executed this Addendum to Deed of Co+tservation � ' Easement on the day and year first above written. '.r:'r i GRANTOR: ,� - WTNDSTAR LAND CONSERVANCY i By: Gl�t�L �f�F�2�S ��,L�� STATE OF N��p ) - )ss. COUNTY OF Pt�tH�d— ) SANn+ FC � The foregoing instrume t was acknowledged b ore me this c�7�day of�GCMdI.`"�. 199j$by �l2�'?��,r— �f//1e/!y5 as�� of the Windstar Land y Conservancy. ��my hand and o�cial seal. �i� �,.\� �.:''•., ' `Q�4�IVIy commi�ion expires: m.�.c 1� (`�%7 (SE�1L�� . . � ^ ��\ �_�c,�, Notary Public ., �,.`�, ; � `��ld£W�'!'6�:>'�o�i^ . �i. ��..�cao� - r . r� .' �'i` '� C:lwordaw�goeo\�vindstar�uddcndum2 3 _ 12/03/96 � ' �e y I � � 4a0406 1.'_'/30/1996 11:;7A PG 3� DF 's2 �,a � i . ��, .-. * R .:,� . �..rn�,iii"��. � 1;`'.';Y:'. " �;�' � z�� ROCKY MO NTAI INSTI" TE '' ti. By: - ': ; STATE OF COLORADO ) )ss. COUN'i'1'OF?ITiCIN ) : T7ie fore�oi inst ment was ackno�vledge�, fore�!e th±'�.�3�daof he Rocky Mountai� �r� 199�,bY_L•f�1f��U'.� as T�1L��T Institute. ' . WI7NESS my hand and official eal. . My commission expires: � r�Cs�4"""j�>t!l�,` tr , ", �, (SEAL) t, : VlWCE�!lTJ. �` '� . j ii Notary Public `=..1it. S :;�;i `l•. ��'� y �Fj:F�r..C�`�n'� j�. � THE W STAR F NDATION � By: C�la�.t�--- l �- G E;`� STATE OFN��o ) }ss. ' COUNTY OF�R ) - Sn N�a FC- The foJ e omg instrume t wa acknowledgedAief�m�this��ay of_� €; 199�Q,by (' �ZyL as {�f• 1�L of The Windstar Foundation. . �1Y��1`�'<fiS$my hand and official seal. �{ S��N BF' Ib ,<�,j... �� . � ; = . ,. �� Notary Pubiic /1�L i.��,p�y�/Yn,(55-wr� �xpc/t�ao.' ' � /� � : ' - ► Sa�.� a ,�• �o`�,' t`t`I 7 . . �.�,� ^�F qFYl.��'Q. � . 4004@6 12/sQ�/1996 11:.37A PG 31 OF 3c^ �; C:\�vorda�a�goco\��•indstarladdendum2 4 4 I J03196 � ' � � . . .. . . - / - i ' ,.,.,,�,_.� . � � . ' , • ,_.a' ' .:i • j.. � ft � { �� r.�5 �.' �x��',:• `.; .. t GRANTEE: '� ti. BOARD OF COUNTY COMMISSIONERS � OF PITKIN C�UNTY,COLORADO ,• '. r BY' c�a- �, o James R.True,Chairman F �r a �-/4�-`>� �' J;- ate: /; - ,:-7. ATTE : �" �-" � QCTci-�---� . ,��Jl/Jeane ones C� Deputy Clerk and Recorder APPROVED AS TO FORM: ro -�—� � 1.. w a County Attomey � � � r m �. MANAGER APPROVAL: ��' Suz e Konc n D j . Cou Manager v c� A?PR9�S�� o Chairperson ° Open Space and Trails Board of Trustees N R COMMENDBD FOR APPROVAL: J ne Ellen Hamilton,Chief xecutive Officer i pen Space and Trails GRANTEE: ! PARK T UST,LTD.,D/ /A SPEN VALLEY LAND TRUST By: ' ' ,r�yL,_ r , Darcey rown, sident .,.�r G�aCC /-1'y. 96 .� .�� i , �!: ,; C:\Hrordatalgocobvindstar�aJdcndum2 5 .y.�� . 12l03196 � - j• I L �• t� .+ � �:,� � , s --. 4 . . I � . . _�; � .,,,