No preview available
HomeMy WebLinkAboutC17-356 Eagle Valley Land TrustBoard of Directors Dr. Tom Steinberg, President Emeritus Tom Edwards, Emeritus Dan GDdec, Emeritus Adriana Bombard, PhD, President T.J. Vobori1, IJrcePresrdent Andrew Larson, Treasurer Tina Nielsen, Secretary Larry Agneberg Dr. Steve Conlin Stan Cope Kip Gates Hatsie Hlnmon RDbert Holmes Sisan Johnson Hope Anderson Kapsner Anna -Maria Ray David Smith Bob Warner Clayton Gerard Christina Lautenberg Sustaining Council Kelly and Sam Bronfman The Precourt Family Barbara Krichbaum and Kent Erickson Jody and David Smith The George Family Foundation Tara and Bob Levine Pam and Ben Peternell Jim Daus Executive Director dau,90evlt.orD Jessica Foulis Stewardship Manager jfoulis(aevlt.org Nancy Glass Office Manager nD l assftev It .o rg Mailing Address Post Office Box 3016 Edwards, 0081632 Physical Address (Wells Fargo Building, Edwards) 34215 Hwy. 6, Suite 205 Edwards, CO 81632 970.748.7654 www.evit.org (,CVL LR E D,r�'G n � z � o �Fo�aND TRil��`y� AVON Co LIE EAGLE VALLEY LAND TRUST September 12, 2017 Diane Mauriello Eagle County Open Space Director 500 Broadway/P.O. Box 179 Eagle, CO 81631 RE: Engagement Letter Dear Diane, The staff and board of Eagle Valley Land Trust (EVLT) are pleased that you are interested in proceeding with a donated conservation easement on the remainder of the Miller Ranch property (Tract I of the Berry Creek/Miller Ranch PUD). As you know, this is a significant gift to our community and future generations, and we are honored to participate! This letter confirms that EVLT will coordinate and accept a donated conservation easement on the property. You and EVLT agree that the goals of this project are to permanently conserve the property and its conservation values including its natural habitat, recreational, and open space, and scenic attributes. Your conservation easement is to encompass approximately 14 acres of land. EVLT, with your guidance, will prepare an amendment for the existing deed of conservation easement on the Miller Ranch Open Space. In order to grant the conservation easement there are a number of documents that you are required to secure for your project. These include a supplement to the existing baseline report, a title commitment and policy, and a mineral remoteness letter, if necessary. By accepting the donation of a conservation easement, EVLT agrees to monitor, and enforce if necessary, the terms of the easement in perpetuity. In order to fund this perpetual obligation, the land trust has created two funds — one for stewardship (to fund on-going costs such as annual monitoring) and one for legal defense of the easement. You have offered to make a contribution to EVLT for our Stewardship Fund and Conservation Defense Fund. This will allow us to preserve your property in perpetuity pursuant to the conservation easement. By your execution of this letter, you agree to pay all costs actually incurred by EVLT and associated with the project, even if you decide not to proceed. The costs for this project are anticipated not to exceed the following: $5,000.00 Project fee $5,000 Legal Review $5,000 Stewardship and Defense Fund Contribution $1,000 Baseline supplement $-2,000 Title Policy and closing costs. C17-356 Any overages mast be approved in advance and in writing by Eagle County. Further, EVLT and Eagle County agree that funds collected by EVLT in connection with the Steinberg Nature Trail and bench to be located on the Miller Ranch Open Space will be used by EVLT to offset the forgoing costs or will be paid to Eagle County for the purpose of offsetting such costs. By signing this letter, you will be authorizing us to work on the project. Please keep a copy of the letter for your records. EVLT understands that Eagle County shall be permitted to approve all documents and perform all due diligence, and EVLT shall facilitate the same, prior to conveying the conservation easement. Acceptance of the conservation easement is subject to the approval of the EVLT board of directors and payment of all costs and fees. The intended duration of this letter shall be six months. Thanks to you, together we will create a permanent legacy of conservation that will be appreciated and enjoyed by future generations. We look forward to working with you! Sincerely, Jim Daus Executive Director Well have read and agree to the above letter. Well wish to proceed with the conservation easement process with EVLT though I understand that I am in no way bound to complete this donation. By: D Date: 10/24/2017 Name/Title: Bryan Treu, Interim County Manager