Laserfiche WebLink
<br /> <br />" <br /> <br />AGREEMENT TO UNWIND <br />DONATION AGREEMENT <br /> <br />. <br /> <br />The Colorado Water Conservation Board ("Board"), an agency of the State of Colorado and <br />The Conservation Fund ("TCF"), a Maryland non-profit corporation, in consideration of the mutual <br />promises contained in this document, agree as follows: <br /> <br />1. <br /> <br />RECITALS <br /> <br />A. The parties entered into a Donation Agreement dated January 10, 1998 ("Donation <br />Agreement"), which is attached hereto and incorporated herein, as Exhibit I. <br /> <br />I. The intent of the Donation Agreement was to provide water to the Board for the <br />purpose of assisting with meeting the adjudicated instream flow in Snowmass Creek, Pitkin County, <br />Colorado. <br /> <br />2. After diligent work by both the Board and TCF, the parties have agreed that the <br />purpose of the Donation Agreement can not be fulfilled. <br /> <br />3. For these reasons the parties wish to unwind the Donation Agreement and return the <br />parties to their relative positions prior to the signing of that agreement. For these purposes, the <br />parties agree as follows: . <br /> <br />II. AGREEMENT <br /> <br />1. Both parties are released from all obligations pursuant to the Donation Agreement. <br />The Donation Agreement is hereby terminated and to the extent the CWCB was bound by covenant, <br />such covenant is hereby released. <br /> <br />2. The CWCB shall convey to TCF the following described water rights: 16.38 cfs of <br />20.0 cfs of the first enlargement of Snowmass Divide Ditch, adjudication date August 25, 1936, <br />appropriation date March I, 1898, Case No. 3082. <br /> <br />3. The form of deed the parties have agreed to is attached hereto as Exhibit 2. Each <br />party shall bear its own costs and expenses incurred in connection with the Donation Agreement and <br />neither party shall provide to the other any financial compensation whatsoever as a result of the <br />Donation Agreement or this Agreement to Unwind the Donation Agreement. The quit claim deed <br />shall be provided to TCF no later than September 30,2003. <br /> <br />4. The Agreement to Unwind Donation Agreement shall not be assiguable, shall be <br />construed pursuant to the laws of the State of Colorado and specific performance for breach shall be <br />the sole remedy for either party. <br />