Resolution 2001-54 - Laserfiche WebLink

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Boulder County Clerk, CO ACE R 0.00 A. The Conservation Easement is amended by the addition of the following provisions: 1 .Purpose. The purpose of this Amendment is to preserve and protect in perpetuity the Conservation Values of the Property. It is acknowledged and agreed that active recreational uses of the Property, including but not limited to playgrounds, ball fields, golf courses, and motorized vehicular uses are inconsistent with the Conservation Values. By execution of this Amendment, Grantor intends to expressly limit the use and development of the Property as more particularly set forth herein. 2. Prohibited Acts. Grantor shall not perform, nor allow others over whom it has reasonable means of control to perform, any act on or affecting the Property which would materially impact the conservation values and the purpose of the Conservation Easement that is inconsistent with the covenants below. In consideration of the State Board of the Great Outdoors Colorado Trust Fund (the "Board") providing a grant to assist Grantor in its a. cquisition of the Property and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, Grantor hereby authorizes the Board and the Grantee to enforce the Conservation Easement and this Amendment in the manner described below. Grantor, Grantee, and the Board understand and agree that nothing in this Amendment relieves or replaces any obligation or restriction on the use of the Property imposed by applicable law. 3. Approved Land Management Plan. The Property shall be operated and manag.ed in accordance with a land management plan, prepared jointly by Grantor and Grantee. The Parties agree that the protection and continuation of the agricultural values of the Property shall be the primary goal of the land management plan. Pursuant to Paragraph 4 below, Grantor shall submit to the Board and the Grantee the proposed land management plan (and any update thereto) for their review. The Board will consult with Grantee, but any comments and/or approval shall be conveyed by Grantee to Grantor. Grantee shall approve the proposed land management plan, unless after consultation with the Board, Grantee determines that an item contained therein will have a material adverse imp~act on the Conservation Values. If Grantee, after consultation with the Board, determines that an item contained in the proposed land management plan could have a material adverse impact on the Conservation Values, Grantee shall notify Grantor of its determination and thereafter Grantor shall revise the proposed land management plan. If the Grantee, after consultation with the Board, approves the proposed land management plan, then such plan shall be designated the "Approved Land Management Plan" and thereafter it shall be updated every five years and submitted to the Board for approval as set forth herein. 4. Approval Process. Grantor is not required to obtain Grantee's permission before taking actions permitted under this Amendment except where this Amendment specifies that Grantor must obtain the Grantee's permission. In those circumstances where this Amendment specifies that Grantee's permission is required, Grantor shall 2224741 Page: 2 of 16 11/29/2001 01:31P D 0.00 2