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. The parties acknowledge that certain existing conditions particularly relevant to the Property are documented in a baseline documentation report (the "Baseline Documentation Report"). Xxxxxxx 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. 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 Owner and the Town agree that the photographs, plans, sketches and text comprising the Baseline Documentation Report (or By-law xxxx-xx ) the originals or facsimiles of which are on file and may be examined at the head office of the Town and at the Archives of Ontario, accurately depict and describe the appearance, condition and construction of the Building and its surrounding grounds (including the Heritage Attributes) as of the date of this Agreement. The Baseline Documentation Report (or By- law xxxx- xx) shall be referred to where applicable in determining the respective responsibilities and duties of the Owner and the Town under this Agreement. [or] The Town may complete a report depicting and describing the appearance, condition and construction of the Building and its surrounding grounds (including the Heritage Attributes) through photographs, plans, sketches and/or text (the “Baseline Documentation Report”). When the Baseline Documentation Report has been completed the Owner agrees 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 Building and its surrounding grounds (including the Heritage Attributes). When signed by both the Owner and the Town a completed and signed copy of the Baseline Documentation Report shall be given by the Town to the Owner, an original signed copy will be filed at and may be examined at the head office of the Ontario Heritage Town 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 Town under this Agreement.
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. The Land Conservancy must prepare a baseline documentation report that clearly describes the land being protected and the restrictions that apply to its use. Accurate and detailed documentation of the status of features subject to restrictions must be assembled. The baseline documentation report and the land protection agreement should use the same language to reference each of the restrictions. A summary of this baseline documentation report should be part of the agreement.
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. The parties agree that the specific Conservation Values of the Protected Property and other natural resources and development on the Protected Property are documented in a report created by the Grantee, to be kept on file at the offices of the Grantee, which documentation (“Baseline Documentation Report”) the parties agree provides an accurate representation of the Protected Property as of the effective date of this Easement in accordance with Treasury Regulation §1.170A-14(g)(5)(i). The Baseline Documentation Report is intended to serve as an objective baseline for monitoring compliance with the terms of this Easement. Notwithstanding the foregoing, in the event of a controversy arising with respect to the nature of the biological and/or physical condition of the Protected Property, the parties shall not be foreclosed from using any and all other relevant or material documents, surveys, reports and other information to assist in the resolution of that controversy. In the event that range or habitat conditions significantly improve on the Protected Property, the parties may agree to prepare an update of the Baseline Documentation Report ("Update") to reflect the improved conditions. The Update must be approved in writing by the parties. Upon approval by the parties, the Update will be used as the baseline for future monitoring and compliance with the terms of this Easement.
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.
Baseline Documentation Report. The specific Conservation Values of the Protected Property on the date of this Easement are documented in the Report, a copy of which is on file with both the Grantor and the Grantee. Both parties agree the Report provides an accurate representation of the Protected Property and the condition of the same as of the date of this Easement as required by Treasury Reg. 1.170 A-14 (g) (5), and is intended to serve as an objective informational baseline for monitoring compliance with the terms of this Easement, and may include:
