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HomeMy WebLinkAboutC20-249 Eagle Valley Land Trust Ridgway{00445291.DOCX:2} AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EAGLE VALLEY LAND TRUST 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 Eagle Valley Land Trust, a Colorado non-profit corporation (“EVLT”). The County and EVLT 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, the Property is adjacent to the Brush Creek Valley Ranch and Open Space, which is owned by the County and subject to a conservation easement held by EVLT (“BCVROS Conservation Easement”); and WHEREAS, County is willing to amend the BCVROS Conservation Easement to include the Property, and protect in perpetuity the conservation values of the Property which include, without limitation, its open space values, and 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 in the amendment to the BCVROS Conservation Easement will serve the purposes for which EVLT was established; and WHEREAS, EVLT 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. EVLT will transfer, at the time of closing, to Heritage Title Company the sum of Thirteen Thousand three hundred and No/100 Dollars ($13,300) from EVLT, which will be used to fund the County’s purchase of the Property. The funds will be applied to the purchase price. In the event that the Property is not purchased, the entire $13,000 will be refunded to EVLT. 2.Conservation Easement. EVLT shall have the right to review, reasonably comment on, and approve the amendment to the BCVROS Conservation Easement to be recorded against the Property prior to its execution. EVLT staff will timely provide its comments on the amendment to the BCVROS Conservation Easement to County recognizing that the time for reviewing the document may be limited. Further, EVLT acknowledges that the form of conservation easement DocuSign Envelope ID: EDAA98D8-137E-4C84-956C-C45F3C65F560 7/9/2020 C20-249 {00445291.DOCX:2} is subject to review and approval by Great Outdoors Colorado and language required by Great Outdoors Colorado will be incorporated into the amendment to the BCVROS Conservation Easement. EVLT acknowledges that the Property may be operated as a working ranch and may allow for access by the public in connection with certain recreational activities, to be described in the amendment to the BCVROS Conservation Easement. 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. EVLT 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 may be changed or modified by written agreement of the Parties. f. 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: EVLT Eagle Valley Land Trust Attention: Jessica Foulis Post Office Box 3016 34215 US Hwy 6, Suite 205 Edwards, CO 81632 Telephone: 970-748-7654 E-Mail: jfoulis@evlt.org Notice to Eagle County: Katherine King, Open Space Manager P.O. Box 179 DocuSign Envelope ID: EDAA98D8-137E-4C84-956C-C45F3C65F560 {00445291.DOCX:2} 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 g. 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). h. 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 COUNTY MANAGER By: ______________________________________ Jeff Shroll, County Manager Eagle Valley Land Trust By: ___________________________________ Jessica Foulis, Executive Director DocuSign Envelope ID: EDAA98D8-137E-4C84-956C-C45F3C65F560 §¨¦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: EDAA98D8-137E-4C84-956C-C45F3C65F560