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HomeMy WebLinkAboutC20-458 Eagle Valley Land Trust - Mulroy RanchAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EAGLE VALLEY LAND TRUST FOR THE MULROY RANCH CONSERVATION EASEMENT 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, in 2002 voters in Eagle County approved Referendum 1H establishing earmarked funding for the purpose of acquiring, maintaining or permanently preserving open space; and WHEREAS, as a result of Referendum 1H, County has established an “Open Space Program” which acquires and/or protects open space throughout Eagle County, Colorado; and WHEREAS, Eagle County Resolution No. 2016-064 implementing the Open Space Program, permits the acquisition, maintenance or permanent preservation of open space and associated natural, pastoral wildlife, conservation or public access values of lands, conservation easements or other interests in land acquired by County, alone or in association with other entities; and WHEREAS, EVLT is an entity qualified to hold conservation easements and desires to enter into this Agreement and receive funding through the Eagle County Open Space Program so that it may protect, through a perpetual conservation easement, important lands along the Trough Road Colorado River Scenic Byway for the benefit of the citizens of Eagle County; and WHEREAS, the Mulroy Ranch property is located at 9206 Trough Road in unincorporated Eagle County and Grand County and is described and depicted within Exhibit A (the “Property”); and WHEREAS, due to the outstanding conservation values, including wildlife habitat, scenic qualities, and agricultural productivity of the Property, EVLT has acquired a conservation easement on the approximately 1,908-acre Property. The conservation easement is more fully described in Exhibit A which is attached hereto and incorporated herein by reference; and WHEREAS, County has also determined that the grant of a conservation easement has resulted in the protection of 1,868 acres of land in Eagle County for conservation purposes, including protection of open space, scenic vistas and wildlife habitat, thereby resulting in a DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF 12/29/2020 C20-458 significant public benefit with a value equal to or exceeding the amount of the County’s contribution to the Project; and WHEREAS, per Resolution No. R20-93, the Eagle County Board of County Commissioners ratified and authorized the use of Open Space Funds to in the amount of ninety- nine thousand, nine-hundred, fifty-two dollars ($99,952) to fund a portion of the transaction costs associated with the conservation easement; WHEREAS, any funds of the Open Space Program provided to EVLT under this Agreement shall be used solely for the purpose of funding the transaction costs of the conservation easement, 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. Eagle County agrees to fund an amount not exceeding ninety-five thousand three-hundred and nineteen dollars ($95,319) towards the transaction costs of completing the Mulroy Ranch Conservation Easement. Transaction costs include, but are not limited to, EVLT stewardship fees and defense costs, title insurance, baseline reports, mineral remoteness report, appraisal costs, closing costs and the like. Transaction costs do not include landowner attorney fees and costs associated with the transaction, and such costs are not included in the $95,319 identified above. EVLT has provided a detailed invoice describing the Transaction Costs and Eagle County will pay such invoice. 2. Conservation Easement. Eagle County has reviewed the executed conversation easement recorded at Reception No. 202023873 in the office of the Eagle County Clerk and Recorder, and finds there terms therein acceptable to the County. EVLT will notify the County in writing of any future amendments to the conservation easement, and provide a copy thereof. 3. Miscellaneous Provisions. a.EVLT, as well as those who have or may agree in writing with EVLT, will be responsible for all expenses associated with monitoring, stewardship, management and legal defense of the conservation easement. Eagle County may allocate funds or personnel time in the future toward the stewardship or monitoring 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 DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF 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 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 Director P.O. Box 179 Eagle, CO 81631 katherine.king@eaglecounty.us And to: Bryan Treu, County Attorney P.O. Box 850 Eagle, CO 81631 Bryan.Treu@eaglecounty.us DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF 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). 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 Eagle Valley Land Trust By: ___________________________________ Jessica Foulis, Executive Director DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF EXHIBIT A DocuSign Envelope ID: 13D87B4D-5B78-46D1-82FC-506CA8C16FBF