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Home My WebLink AboutC20-239 Town of Eagle - RidgwayAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF EAGLE FOR THE RIDGWAY OPEN SPACE PROJECT THIS AGREEMENT (hereinafter “Agreement”) is made ___________________, by and between Eagle County, Colorado, a body corporate and politic, (“County”) and the Town of Eagle, Colorado a municipal corporation (“Town”). The County and Town shall together be referred to as the “Parties”. WHEREAS, County has entered into an agreement to obtain title to approximately 131 acres of land depicted on Exhibit A known as the Ridgway property (hereinafter the “Property”); and WHEREAS, County is willing to place a conservation easement on the Property that will protect in perpetuity the conservation values of the Property which include the significant wildlife and wildlife habitat that exists on the Property; and WHEREAS, the preservation of the Property from development and management of the Property under the terms described herein will serve the purposes for which the Town’s Open Space Fund was established; and WHEREAS, Town desires to contribute toward the acquisition and permanent preservation of the Property and related costs subject to the terms and conditions set forth herein. NOW THEREFORE, in consideration of mutual promises and covenants contained in this Agreement, the Parties agree as follows: 1. Funding. Town will transfer, at the time of closing, to Heritage Title Company the sum of ten thousand dollars ($10,000) from the Town of Eagle Open Space Fund, which will be used to fund the County’s purchase of the Property. The funds will be applied to the purchase price. Town shall have no responsibility for any other payment in connection with the purchase or the management of the Property. In the event that the Property is not purchased, the entire $10,000 will be refunded to Town. 2.Conservation Easement. Town staff shall be entitled to review and reasonably comment on the form of conservation easement to be recorded against the Property prior to its execution. Town staff will timely provide its comments on the conservation easement to County recognizing that the time for reviewing the document may be limited and that County will have final authority for approving of the form of easement. Further, Town acknowledges that the form of conservation easement is subject to review and approval by Great Outdoors Colorado and language required by Great Outdoors Colorado will be incorporated into the conservation easement and will not be subject to modification. Town acknowledges that the Property may be operated as a working DocuSign Envelope ID: 6B5BBBB3-C077-4BEC-8A88-56740B476BCD 6/30/2020 C20-239 ranch and may allow for access by the public in connection with certain recreational activities. To that end, the conservation easement will identify conservation values and will include, among other things, the following conditions and restrictions: (a) identification as a conservation value the significant wildlife and wildlife habitat existing on the Property; and (b) subject to operation of the Property as a working ranch, those portions of the Property identified for public recreation and access may be closed on a seasonal basis to public recreation as recommended by Colorado Parks and Wildlife or as determined necessary to protect wildlife. 3. Miscellaneous Provisions. a. Eagle County, as well as those who have or may agree in writing with County, will be responsible for all expenses associated with ownership, operation and management of the Property. Town, at the discretion of the Town Council, may allocate funds or personnel time in the future, toward the operation and management of the Property, but is not obligated to do so by this Agreement. b. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any federal law or law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties hereto shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be invalid. c. Nothing in this Agreement is intended to create or grant to any third party or person any right or claim for damages of the right to bring or maintain any action at law. d. The County does not waive any immunity at law including immunity granted under the Colorado Governmental Immunities Act. e. This Agreement is intended as the complete integration of all understanding between the Parties and constitutes the entire agreement between the Parties. f. This Agreement may be changed or modified by written agreement of the Parties. g. Any notices or other communications required or permitted to be given hereunder shall be given in writing and delivered personally, by U.S. mail, or by electronic mail to the attention of the individuals below, or to such other addresses as any other parties designate by written notice. Notice shall be deemed given on the date of personal delivery or electronic mailing, or five (5) days from the date of mailing by U.S. mail. Notice to Association: Town of Eagle c/o Town Manager 200 Broadway P.O. Box 609 Eagle, CO 81361 DocuSign Envelope ID: 6B5BBBB3-C077-4BEC-8A88-56740B476BCD brandy.reitter@townofeagle.org Notice to Eagle County: Katherine King, Open Space Manager P.O. Box 179 Eagle, Co 81631 katherine.king@eaglecounty.us And to: Bryan Treu, County Attorney P.O. Box 850 500 Broadway Eagle, CO 81631 Bryan.Treu@eaglecounty.us h. Notwithstanding anything to the contrary contained in this Agreement, no payment will be made for any obligation set forth herein and for the any period after December 31st of any calendar year without the written approval in accordance with a budget adopted by the Eagle County Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. section 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Similarly, no payment will be made for any obligation set forth herein and for any period after December 31st of any calendar year without the written approval in accordance with a budget adopted by the Town Council in compliance with Article 20 of Title 31 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Section 20). i. The recitals set forth above are incorporated herein by reference. IN WITNESS WHEREOF, this Agreement is entered into the day and year first written above. COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners By: ______________________________________ Kathy Chandler-Henry, Chair Attest: __________________________________ Regina O’Brien, Clerk to the Board DocuSign Envelope ID: 6B5BBBB3-C077-4BEC-8A88-56740B476BCD DocuSign Envelope ID: 6B5BBBB3-C077-4BEC-8A88-56740B476BCD §¨¦70 §¨¦70 £¤6 £¤6 Brush Creek Rd Sylvan Lake Rd Town of EagleTown of EagleTown of Eagle Ridgway Open Space Brush Creek Valley Ranchand Open Space Eagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\RidgwayParcel_062519\MXD\Ridgway_RegionalMap_070219.mxd Date: 7/2/2019 4:49:50 PM Name: scott.flemingEagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\RidgwayParcel_062519\MXD\Ridgway_RegionalMap_070219.mxd Date: 7/2/2019 4:49:50 PM Name: scott.flemingR i d g w a y O p e n S p a c e R e g i o n a l M a p This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein.[0 0.50.25Miles 1 inch = 2,500 feet *Maps for discussion purpose / subject to change* BLM BLM BLM DocuSign Envelope ID: 6B5BBBB3-C077-4BEC-8A88-56740B476BCD