Resolution 2000-31 - Laserfiche WebLink

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conservation easement in gross shall be in substantially the form of Exhibit B, attached hereto and by this reference incorporated herein. The City and County agree that Parcel 1 shall not be annexed to the City without the mutual consent of the City and County. 3. The original stock certificates indicating the City and County's interests in the Water Rights, and the annual assessment notices and any other notices regarding the Water Rights, shall be sent to the City. City agrees to pay the full assessments every year and to invoice the farmer tenants who are responsible for payment of assessments for the Water Rights. In the event there are no tenants, or the tenants fail to pay the assessments, County shall reimburse City for one-half of such assessments upon receipt of an invoice. The County shall vote all shares in odd numbered years, and the City shall vote all shares in even numbered years. 4. Closing and delivery of the conveyance of the reciprocal conservation easements shall take place on May 3, 2000 at the office of the title company which conducts the closing under the Contract or at a time and place mutually agreed to by City and County. Notwithstanding the foregoing, closing of the easement conveyances under this Agreement shall not occur until after closing under the Contract. 5. The parties agree that when the City undertakes the realignment of Dillon Road, the County will grant a temporary construction easement for fill slopes and related road construction purposes to the City, over the County's undivided one-half interest in the Property. The temporary construction easement shall not exceed 40 feet in width, shall be along the northwest edge of the Property, and shall be in the general location of the slope easement depicted on the Division of Land Plat for the Bowes Properties Limited Partnership Property, recorded on at Plan File # , Reception No. of the records of the Boulder County Clerk and Recorder. 6. Neither City nor County shall assign its respective rights and obligations hereunder unless the non-assigning party first consents in writing, which consent shall not be unreasonably withheld. 7. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 8. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. Facsimile signatures shall be acceptable to and binding upon all parties. Bowes Exchange Agreement 2