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HomeMy WebLinkAboutC07-033 Eagle Valley Land Trust_Eaton Ranch Conservation Easement - first amendmentFIRST AMENDMENT TO THE EATON RANCH CONSERVATION EASEMENT This FIRST AMENDMENT (the "First Amendment") to the EATON RANCH CONSERVATION EASEMENT (the "Conservation Easement") which was granted on the 13th day of September, 2005 by EAGLE COUNTY, a governmental entity and political subdivision of the State of Colorado, as distinct from the general public, acting by and through its Board of County Commissioners ("BOCC"), having an address of 500 Broadway, Eagle, Colorado, 91631-0850 ("Grantor"), in favor of the EAGLE VALLEY LAND TRUST, a nonprofit Colorado corporation, having an address of P.O. Box 3308, Eagle, CO, 81631 "Grantee"), (collectively, the "Parties"), is entered into by the Parties this �6 day of 2007. RECITALS WHEREAS, the Parties executed the Conservation Easement on September 13, 2005, and recorded the Conservation Easement on September 20, 2005 as Reception Number 929980 of the records of Eagle County, Colorado; WHEREAS, Section 2 of the Conservation Easement contains several inaccurate references to the completion and acknowledgment of the Baseline Documentation Report, which inaccuracies are neither related to, nor have any impact upon, the representations made in the Conservation Easement as to its duration, conservation values, purpose, or the property protected by the Conservation Easement; and WHEREAS, pursuant to Section 10 of the Conservation Easement, the Parties desire to amend the Conservation Easement consistent with its purpose, in order to correct the inaccuracies. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree to amend the Conservation Easement as follows: First, the language of the first sentence of Section 2 of the Conservation Easement stating: "The Parties agree that the Baseline Documentation Report will be prepared by September 6th, 2006, and reviewed, acknowledged, and approved by Grantee and Grantor within one month and no later than October 6th, 2006" shall hereby be revised to state: "The Parties agree that a preliminary Baseline Documentation Report has been prepared by Alan Carpenter and has been reviewed, acknowledged, and approved by Grantee and Grantor. The final Baseline Documentation Report will be prepared and reviewed, acknowledged, and approved by Grantee and Grantor within one month of reclamation/the Operative Date, defined below and no later than December 31, 2009." Second, the language of the second sentence of Section 2 of the Conservation Easement stating: "A copy of the Baseline Documentation Report will be on file with Grantee after it is acknowledged" shall be revised to state: "A copy of the acknowledged, preliminary Baseline Documentation Report is on file with Grantee and a copy of the final Baseline Documentation Report will be on file with Grantee after it is acknowledged." - 1 - Third, the language of the third sentence of Section 2 of the Conservation Easement stating: "Grantor and Grantee shall acknowledge that the Baseline Documentation Report accurately represents the condition of the Property after its reclamation in a signed statement, a sample copy of which is attached here as Exhibit D, which sample statement shall be replaced with the executed acknowledgement as Exhibit D no later than October 6th, 2006" shall hereby be revised to state: "Grantor and Grantee have acknowledged in a signed statement attached here as Exhibit D, that the preliminary Baseline Documentation Report accurately represents the condition of the Property prior to its reclamation, and Grantor and Grantee shall acknowledge that the final Baseline Documentation Report accurately represents the condition of the Property after its reclamation in a signed statement that shall be attached here as Exhibit D, replacing the current statement attached here as Exhibit D within one month of reclamation/the Operative Date, defined below and no later than December 31, 2009." Fourth, the language of the fourth sentence of Section 2 of the Conservation Easement stating: "Grantor and Grantee shall acknowledge that they have reviewed and approved the Baseline Documentation Report, that it documents the condition of the Property at the time reclamation is complete and reflects any changes to the Conceptual Plan, attached hereto as Exhibit C, and is intended to establish the condition of the Property subject to the Easement as of the date that reclamation of the Property is complete, July 31 st, 2006 (the "Operative Date"): shall be revised to state in relevant part: "as of the date that reclamation of the Property is complete, November 2009, (the "Operative Date")" so that the first four sentences of Section 2 of the Conservation Easement shall be revised and replaced with the following language: The Parties agree that a preliminary Baseline Documentation Report has been prepared by Alan Carpenter and has been reviewed, acknowledged, and approved by Grantee and Grantor. The final Baseline Documentation Report will be prepared and reviewed, acknowledged, and approved by Grantee and Grantor within one month of reclamation/the Operative Date, defined below and no later than December 31, 2009. A copy of the acknowledged, preliminary Baseline Documentation Report is on file with Grantee and a copy of the final Baseline Documentation Report will be on file with Grantee after it is acknowledged. Grantor and Grantee have acknowledged in a signed statement attached here as Exhibit D, that the preliminary Baseline Documentation Report accurately represents the condition of the Property prior to its reclamation, and Grantor and Grantee shall acknowledge that the final Baseline Documentation Report accurately represents the condition of the Property after its reclamation in a signed statement that shall be attached here as Exhibit D, replacing the current statement attached here as Exhibit D within one month of reclamation/the Operative Date, defined below and no later than December 31, 2009. Grantor and Grantee shall acknowledge that they have reviewed and approved the Baseline Documentation Report, that it documents the condition of the Property at the time reclamation is complete and reflects any changes to the Conceptual Plan, attached hereto as Exhibit C, and is intended to establish the condition of the Property subject to the Easement as of the date that reclamation of the Property is complete, November 2009, (the "Operative Date") -2- IN WITNESS WHEREOF, the Parties to this First Amendment to the Conservation Easement, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: COUNTY OF EAGLE, a political S 'ubdivi the State of Colorado, by and throug is ar of County Commissioners By ' County Commissioner STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me thWday of , 200by,941v2 - in his official capacity as Coun Commissi er of Eagle County, a political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: : - l G Notary Prtb ' My Cmnlssion Expires 2/812010 -3- GRANTEE: EAGLE VALLEY LAND TRUST, a Colorado non-profit corporation By Cindy Cohagen, Executive Director STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 200_, by Cindy Cohagen as Executive Director of Eagle Valley Land Trust, a Colorado non-profit corporation. Witness my hand and official seal. My commission expires: Notary Public -4-