HomeMy WebLinkAboutSERRANO TOWNHOMES - PDP - 41-04 - CORRESPONDENCE - LEGAL DOCUMENTSEXHIBIT B
SERRANO TOWNHOMES
PROPERTY DESC.R/PRON.
A tract of land situate. in, the Southeast 114 of Section 1, Township 6 North,
Range 69 West of the 6th P.M., City of Fort Collins, County of Lorimer, State
of Colorado which considering the East line of the said Southeast 114 as bearing
N00100'00"E and with all bearings contained herein relative thereto is contained
within the boundary lines which begin at a point on the West right—of—way line of
South Lemay Avenue which bears N00000100"E 1591.42 feet, and again S89043'201W
50.00_ feet from the Southeast comer of said Section 1 and run thence S89W'20"W
151.00 feet; thence N79038'20"W 229.55 feet; thence N00000'00"E 241.64 to a point
on the South right—of—way line of Boardwalk Drive; thence along said line S88°16'25"E
376.97 feet to a point on the West right—of—way line of South Lemay Avenue; thence
along said line S00100100"E 270.84 feet to the point of beginning.
EXHIBIT A
�, O""OE AT MIRAMONT
LEGAL DESCRIPTION: LODGE-MIRAMONT CONDOMINIUMS, PUD
5220 BOARDWALK DRIVE, FORT COLLINS,
COLORADO 80525
03/10/2005 12:04 FAX 970 484 6551 HOWARD & FRANCIS U 003
Mar-lb-os lo:29A All �-operty ServiCf-� 970 224 4488
r.us
1% 1 �
property. ?rovided that the alteration of the outlet si_ructure does
not raise the water level of the pond more than siK inches and
further provided that Slezak shall be solely responsible for the
cost of all such alterations and shall indemnify and h3ld the Lodge
harmless from any liability, cost or claims in relation thereto.
8. Nothing contain herein shall be deemed or construed by
the parties hereto nor by any third party as creating a partnership
or joint venture or the relationship of principal and agent or
render either party in any way responsible for the deb=s, losses or
obligations of the other.
9. This agreement shall be construed accordin('I to its fair
meaning and as if prepared by both parties hereto and shall be
deemed to be, and to contain, the entire under3tanding and
agreement between the parties. There are no ether terms,
conditions, promises, understandings, state:ments, or
representations expressed or implied concerning this agreement.
Any modification of this agreement must be set forth in writing and
signed by both parties 4ereto-
;0. In the event of any dispute between the parries relating
to this agreement the prevailing party shall be entitled to recover
all costs and attorney fees incurred in relation to azy litigation
or arbitration relating to such dispute.
11. The provisions of this agreement shall inure to the
benefit of, and be binding upon, the parties here_o and their
respective successors and assigns, specifically ircluding any,
future owners of the respective properties and ary homeowners
association which may be created to manage the Slezac property.
DATED this V_ day of March, 2005.
The Lodge at Miramont Condominium
Association,
%A.L
By:
Tite
ON
03/10/2005 12:O3 FAX 970 484
6551
HOHARD & FRANCIS
0002
mar-lb-05 10=29A All
-%
F aparty
Vica 970 224 448
SerB
i.uc
AGREEMENT
This Agreement is entered into effective the -W day of
March. 200S between, Stephen Slezak ("Slezak"), ani his heirs,
successors and assigns, and The Lodge at Miramont Condominium
Association ("the Lodge"), and irs successors and z.ssigns The
parties agree as follows:
1. The Lodge owns the property described on Exhibit A which
contains a. pond designed to retain storm water draaxiage for a
number of surrounding properties. Slezak owns the neighboring
parcel which is described on Exhibit B.
2. The parties agree that they will share th+: cost of all
maintenance expenses related to water quality for tha pond on the
Lodge property including aeration and algae containment. Slezak
shall pay twenty-five percent of such costs and the Lccige shall pay
seventy-five percent of the costs.
3. All such costs shall initially be incurred by the Lodge_
Slezak shall pay his share of the costs within thir-y days after
receipt of itemized invoices with attached copies of supporting
documentation_ Invoices shall be submitted once _ach calendar
year. Any share of Major Expenses will be paid within thirty days
after receipt of itemized invoices with attached copies of
supporting documentation.
4. The Lodge agrees to consult with Slezak concerning any
major expenses which the Lodge believes should be incurred. "Major
Expenses" shall be defined as any expenses exceedinc $1,000.
5. This agreement shall not apply to any costs which may be
incurred in relation to water quality problems caused by hazardous
materials, spills or any other such point source contamination. The
party causing any such contamination or on whose property any such
contamination occurs, shall be solely responsible for payment of
the cost of remediating such contamination.
G_ This agreement is contingent on final approval by the
city of Fart Collins of the development plan submitted by Slezak
for his parcel. slezak shall have no obligation to Contribute
anything for pond maintenance expenses incurred before final
approval.
7_ Slezak is authorized to alter the outlet structure of the
pond in whatever manner may be required by the City cf Fort Collins
in order to obtain city approval for the improvemeiit of Slezak's
AMSHEL CORPORATION
® J PO Box 1978
Fort Collins. CO 80522
970-484-5907
FAX: 970-490-2838
Letter of Transmittal
�e JE aT- From:%
Re:�� Date:
❑ For Review ❑ Please Bid ❑ Please Reply by
,ram-'�,�
�L 01,E u
74'�7 Gcir:d AS�g