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RESOLUTION NO. 6 <br /> SERIES 2004 <br /> A RESOLUTION APPROVING A GRANT OF CONSERVATION EASEMENT AND <br /> AGREEMENT BETWEEN THE CITY OF LOUISVILLE AND T AND T BENNETT <br /> LIMITED LIABILITY COMPANY <br /> WHEREAS, there has been proposed a Grant of Conservation Easement and Agreement <br /> ("Agreement") between the City of Louisville and T and T Bennett Limited Liability Company <br /> ("Bennett"); and <br /> WHEREAS, such Agreement has been proposed for Bennett's conveyance to the City of a <br /> conservation easement in gross over certain land owned by Bennett and further described in the <br /> copy of such Agreement accompanying this Resolution; and <br /> WHEREAS, the City by this Resolution desires to approve such Agreement, authorize <br /> execution of the Agreement and related documents, and designate the source of funds for payment <br /> of the$150,000 purchase price for the conservation easement. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF LOUISVILLE,COLORADO: <br /> 1. The proposed Grant of Conservation Easement and Agreement ("Agreement") <br /> between the City of Louisville and T and T Bennett Limited Liability Company, for the conveyance <br /> to the City of a conservation easement in gross over the property described therein, is hereby <br /> approved in essentially the same form as the copy of such Agreement accompanying this <br /> Resolution. <br /> 2. The Mayor is authorized to execute the Agreement, except that the Mayor is hereby <br /> granted the authority to negotiate and approve such revisions to said Agreement as the Mayor <br /> determines are necessary or desirable for the protection of the City, so long as the essential terms <br /> and conditions of the Agreement are not altered. <br /> 3. The Mayor, City Manager, City Attorney and City Staff are further authorized to do <br /> all things necessary on behalf of the City to perform the obligations of the City under the <br /> Agreement, and are further authorized to execute, deliver and file any and all documents necessary <br /> to effect the purchase of the conservation easement and the dismissal of the litigation among the <br /> parties to such Agreement,upon the terms and conditions of said Agreement. <br /> 4. Unless other funds become available for use by the City as determined by the City <br /> Council, moneys from the City Conservation Trust Fund — Land Acquisition shall be used to pay <br /> the amount of one hundred and fifty thousand dollars ($150,000.00) for the conservation agreement <br /> acquired in the Agreement. Such City payment shall be made in cash, certified funds or City <br /> warrant, subject to the Agreement and to any necessary budgetary transfers or supplementary <br /> budgets and appropriations in accordance with State law. It is intended that such expended funds <br /> shall be recovered from those funds to be made available to the City of Louisville by December 31, <br /> 1 <br />