Baseline Documentation Report. In consultation with the Owner, upon completion of the implementation of the Redevelopment Plan the Trust will complete a report depicting and describing the appearance, condition and construction of the Buildings (including the Heritage Features), the Setting Lands, the Views and the Framing Lands through photographs, plans, sketches and/or text (the “Baseline Documentation Report”). The Baseline Documentation Report will have the structure and contain the information specified in the baseline documentation report outline attached hereto as Schedule “D”. When the Baseline Documentation Report has been completed the Owner and the Trust agree to execute an acknowledgment in the Baseline Documentation Report to confirm that it constitutes an accurate depiction and description of the then current appearance, condition and construction of the Buildings (including the Heritage Features), the Setting Lands, the Views, the Framing Lands. When signed by both the Owner and the Trust a completed and signed copy of the Baseline Documentation Report shall be given by the Trust to the Owner, an original signed copy will be filed and may be examined at the head office of the Ontario Heritage Trust and an original signed copy will be filed with the Archives of Ontario. When completed and signed by the parties, the Baseline Documentation Report shall be referred to where applicable in determining the respective responsibilities and duties of the Owner and the Trust under this Agreement.
Baseline Documentation Report. Grantor has made available to Grantee prior to the execution of this Easement information sufficient to document the condition of the Conservation Values of the Property at the time of the grant of this Easement. The parties acknowledge that this information has been developed into a Baseline Documentation Report, dated , that includes maps, aerial and on-site photography of the Property, and documentation of existing man-made improvements or incursions, vegetation and identification of flora and fauna, land use history, and distinct natural features. The parties hereby agree that the information compiled within the Baseline Documentation Report accurately represents the condition of the Property as of the date of the grant of this Easement. Grantor acknowledges receipt of a copy of the Baseline Documentation Report. The original Baseline Documentation Report is, and shall remain, on file with Grantee and in the office of the Montana NRCS. The parties intend that the Baseline Documentation Report shall be used by Grantee to monitor Grantor’s future uses of the Property and practices thereon. The parties agree that, in the event a controversy arises with respect to the condition of the Conservation Values, the parties shall not be foreclosed from utilizing any other relevant document, survey, or report to assist in the resolution of the controversy. The parties further agree that if the Baseline Documentation Report contains any summaries of, or representations about, the terms or the conditions of this Easement, any conflict or inconsistency between the terms and conditions of this Easement and the Baseline Documentation Report shall be governed by the express terms and conditions contained herein and not in the Baseline Documentation Report.
Baseline Documentation Report. The parties acknowledge that certain existing conditions particularly relevant to the Property are documented in a baseline documentation report (the "Baseline Documentation Report"). Grantor and Grantee each have a copy of the signed Baseline Documentation Report, executed by both parties to acknowledge their approval and receipt of the Baseline Documentation Report. The parties agree that the Baseline Documentation Report contains an accurate representation of such existing conditions of the Property as of the Effective Date, and is intended to serve as an objective, though non-exclusive, information baseline for monitoring compliance with the terms of this Easement. The foregoing notwithstanding, if a dispute arises with respect to any of the conditions of the Property, the parties shall not be foreclosed from utilizing any and all other relevant documents, surveys, or other evidence or information to assist in the resolution of the dispute.
Baseline Documentation Report. 5.1 The Parties agree that the Protected Area and the Amenities are described in the Report.
Baseline Documentation Report. 6.1 The Land and the Amenities are as described in the Baseline Report (see Schedule A, Gabriola Commons Baseline Report Overview).
Baseline Documentation Report. A Baseline Documentation Report of the Easement Property is attached hereto as Exhibit D. The parties acknowledge that this collection of baseline data contains an accurate representation of the Easement Property’s condition and natural resources as of the date of the recording of this Easement in accordance with Treasury Regulation 1.170A- 14(g)(5)(I). The parties agree that any subsequent updates to the Baseline Documentation Report will be signed by both Grantee and Xxxxxxx and recorded as an amendment to this Easement. The parties acknowledge that an inventory of baseline data relating to the Easement Property has been completed by competent professionals familiar with the Easement Property. Copies of this inventory of baseline data and any subsequent updates to the Baseline Documentation Report are on file in the Grantees’ offices. Notwithstanding the foregoing, should a future controversy arise over the biological and/or physical condition of the Easement Property, the parties may use all relevant documents, surveys, reports and other information to assist in resolving the controversy. SECTION VIII IX - SUBSEQUENT SALE, EXCHANGE, OR INVOLUNTARY CONVERSION Xxxxxxx and Xxxxxxx agree that the conveyance of this Easement creates an Easement Property right immediately vested in Grantee. Xxxxxxx's property right in this Easement shall be based on the condition and improvements on the Easement Property at the time the Easement is established. For purposes of this Section, the property right shall be deemed to have a fair market value at least equal to the proportionate value this Easement bears to the entire value of the Easement Property as a whole at the time of its creation. That proportionate value of Xxxxxxx's property rights shall remain constant. Should a change in conditions give rise to the extinguishment of this Easement, as provided in Treasury Regulation Section 1.170A-14(g)(6)(I) or any subsequent revision to that section of the IRS Code, or extinguishment of a portion of Grantee's rights under this Easement, Grantee on a subsequent sale, exchange, conveyance, or involuntary conversion of the Easement Property or a portion of the Easement Property shall be entitled to a portion of the proceeds at least equal to such proportionate value of this Easement as established at the time of its creation. All interpretations of Xxxxxxx's property rights shall follow Treasury Regulation Section 1.170. Whenever all or part of the Easement Property is taken...
Baseline Documentation Report. By its execution of this Easement, the Holder acknowledges that Owner’s present uses of the Property are compatible with the purposes of this Easement. In order to evidence the present condition of the Property (including both natural and man-made features) and to facilitate future monitoring and enforcement of this Easement, the Parties acknowledge that a Baseline Documentation Report (the “Baseline Report”) has been prepared, which provides a collection of baseline data on the Property and its natural resources and an assessment of the consistent uses. The Parties have acknowledged therein, and hereby acknowledge, that the Report contains an accurate representation of the biological and physical condition of the Property as of the Effective Date and of the historical uses of the Property. In addition to the public benefits described as the Conservation Values, the Report identifies public policies and statements and/or other factual information supporting the significant public benefit of this Easement. Holder and Owner may use the Report in connection with monitoring and enforcing provisions of this Conservation Easement, but are not limited to use of the Report to show change of conditions. The Report is incorporated into this Conservation Easement by reference. Owner and the Holder approve the Report, a copy of which is on file with the Owner and the original of which is on file with the Holder at their respective addresses for notices set forth below.
Baseline Documentation Report. Specific Conservation Values of the Protected Property have been documented in a natural resource inventory signed by the Owner and the Conservancy. This “Baseline Documentation Report,” which is incorporated herein by reference, consists of maps, a depiction of all existing human- made modifications, prominent vegetation, identification of flora and fauna, land use history, distinct natural features, and photographs. The parties acknowledge that the Baseline Documentation Report is an accurate representation of the Protected Property at the time of this Agricultural and Conservation Easement Deed. The Conservancy may use the Baseline Documentation Report in enforcing the provisions of this Easement but is not limited to the use of the Baseline Documentation Report to show a change in conditions. Any characterization of the terms of this Easement contained in the Baseline Documentation Report shall not be interpreted so as to alter, amend, or otherwise modify this Easement. In any conflict or inconsistency between the terms of this Easement and the Baseline Documentation Report, the terms of this Easement shall prevail.
Baseline Documentation Report. The Baseline Documentation Report is a document including photographs, maps and Conservation Easement Map, Exhibit B, that describes the condition of the Property and Conservation Values at the time of grant of the Conservation Easement. The document has been prepared and subscribed by both parties and a copy thereof is on file with Landowner and Holder and includes Certification and Acknowledgement of Baseline Documentation by the Landowner and Holder to verify the accuracy of the document. Certified Forester: A Certified Forester is an individual who has earned a degree at the Baccalaureate or Master’s level from a Society of American Forester-accredited (SAF) degree program; or has gained SAF certification per the guidelines outlined by the Society of American Foresters.
Baseline Documentation Report. The Deed provides for preparation of a baseline documentation report containing an inventory of the Property’s relevant features, agricultural values and conditions, improvements, and certain of its natural resources (“Baseline Report”). The Deed also provides for an updated Baseline Report if requested by Client. Owner shall cooperate with Client in the development and completion of, and shall not unreasonably withhold approval of, the Baseline Report and any updates.
