Resolution 2001-54 - Laserfiche WebLink

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Boulder County Clerk, CO RCE R 0.00 With a copy to: Boulder County Attomey Boulder County Courthouse 13th and Pearl Streets P.O. Box 471 Boulder, CO 80306 or to such other address as a party from time to time shall designate by written notice to the other. 10. Successors. The terms of this Amendment shall be binding upon and inure to the benefit of the parties hereto and their representatives, heirs, successors, and assigns, and shall run with the land in perpetuity. The Board shall have the right, in its sole, absolute and arbitrary discretion, to assign, delegate and/or transfer all or any part of its enforcement rights under the Amendment. 11. Amendments. If circumstances arise under which an amendment to or modification of this instrument would be appropriate, Grantor and Grantee are free to jointly amend this instrument; provided that no amendment shall be allowed that will affect the qualification of this instrument under any applicable laws; and provided, further, that the prior written approval of the Board shall be required. Any amendment must be consistent with the conservation purposes of this instrument and may not affect its perpetual duration. Any amendment must be in writing, signed by both parties and recorded in the records of the Clerk and Recorder of Boulder County. 12. Termination of the Board. In the event that Article XXVII of the Colorado Con. stitmion, which established the State Board of the Great Outdoor Colorado Trust Fund, is amended or repealed to terminate the Board or merge the Board into another entity, the rights and obligations of the Board hereunder shall be assigned to and assumed by such other entity as provided by law, but in the absence of such direction, by the Colorado Department of Natural Resources or its successor. 13. Non-Merger. No merger shall be deemed to have occurred hereunder or under any documents executed in the future affecting this Conservation Easement, unless the parties expressly state that they intend a merger of estate or interest to occur and the parties have also obtained the prior written consent of the Board approving such merger of estates or interests, provided, however, that merger shall occur as to any portion of the Property which is conveyed for right-of-way for the construction of Dillon Road or 96th Street, or both as permitted under Sections 3.9 and 3.10 below. In the event the parties to this Easement intend to exercise their right of first refusal, the parties must notify the Board in advance of purchase so that a conservation easement approved by the Board will be placed and recorded on the Property simultaneously at the closing of the purchase of the Property. In the event, the City or the County exercises its right of first refusal 2224741 Page: 5 of 16 11/29/2001 01:31P D 0.00 5