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HomeMy WebLinkAbout06.0 Road Maintenance Agreement06'06/96 16:36 T2970 915 9769 LARRY GREEN 0004 ROAD MAINTENANCE AGREEMENT THISAGREEMEiv7'entered into this day ofJune, 1996, by and between HARMONY VIEW HOMEOWNERS ASSOCIATION; PINION GROVE HOMEOWNERS ASSOCIATION; JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION; and LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION, RECITALS 1. Harmony View Subdivision is a subdivision located primarily in Eagle County and partially in Garfield County, Colorado, consisting of seven (7) Tots, six (6) of which utilize a road known as Harmony Lane for access. The owners of each of the six lots within Harmony View Subdivision that utilize Harmcny Lane as access are members of the Harmony View Homeowners Association. 2. Pinion Grove Exemption is a subdivision located in Garfield County, Colorado, consisting of four (4) lots. The owners of the 4 lots within Pinion Grove Exemption constitute the members of the Pinion Grove Horneowners Association. 3. Joseph's Meadows Subdivision is a subdivision exemption located in Garfield County, Colorado, consisting of three (3) lots, The owners of the 3 Tots within Joseph's Meadows Subdivision exemption constitute the members of the Joseph's Meadows Horneowners Association. 4. Levitt Subdivision is a proposed subdivision located in Garfield County, Colorado, Subdivision, proposed to consist of thirteen (13) lots. The owners of the 13 lots within Levitt Subdivision will constitute the members of the Levitt Subdivision Homeowners Association. 5. The owners of the twenty six (26) lots referenced in paragraphs 1 through 4, inclusive, above, each use portions of Harmony Lane for access to their respective properties, all as more fully set forth hereinbelow. 6. The parties hereto have reached the following agreement with respect to sharing the costs ofthe future repair and maintenance of Harmony Lane and wish to memorialize said agreement in writing. NOW, THEREFORE, in considerat;on of the keeping and performance of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. HArmon Lane, Harmony Lane is hereby defined as that certain existing roadway located just westerly ofthe Eagle County/Garfield County line, from its intersection with Fender Lane 06/06/96 16:37 $970 945 9769 LARRY GREEN (County Road 102) southerly to its intersection with Wind River Road. For purposes of this Agreement, Harmony Lane shall be further divided into three sections, defined as follows: a. North Section shall mean that portion of Harmony Lane of approximately feet in length from the intersection of Harmony Lane and Fender Lane to the intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision; b. Center Section shall mean that section of Harmony Lane of approximately feet in length from the intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision to the intersection of Harmony Lane and the southerly entrance into Harmony View Subdivision, which is the same point as the entrance into Joseph's Meadows Subdivision; c. South Section shall mean the section of Harmony Lane of approximately feet in length from the intersection of Harmony Lane and the southerly entrance into Harmony View Subdivision and Joseph's Meadows Subdivision to the intersection of Harmony Lane and Wind River Road. 2. Use of Harmony Lane and Sharing of Re air and Maintenance Costs. The parties wish to share the ongoing and future repair and maintenance costs of Harmony Lane on a prorata basis, determined according to the number of users of each section of Harmony Lane. The parties therefore agree that the sections of Harmony Lane are used as stated below, and that costs of repair and maintenance of each section of Harmony Lane shall be shared as follows: a. North Section is used by 26 lots, consisting of 6 lots in Harmony View Subdivision, 31ots in Joseph's Meadows Subdivision, 4 lots in Pinion Grove Exemption, and 13 Tots in Levitt Subdivision. The cost of ongoing and future repair and maintenance of the North Section will be divided into 26 equal parts and each lot using the North Section will be allocated l /26th of said cost. b. Center Section is used by 24 lots, consisting of 4 lots in Harmony View Subdivision, 3 lots in Joseph's Meadows Subdivision, 41ots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of future repair and maintenance of the Center Section will be divided into 24 equal parts and each lot using the Center Section will be allocated 1/24th of said cost c South Section is used by 17 lots, consisting of 4 lots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of repair and maintenance of the South Section will be divided into 17 equal parts and each lot using the South Section will be allocated 1/ 17th of said cost. 6/6/96 Draft Road Maintcnancc Agreement Page 2 0005 06/,,'96 16:37 '970 945 9769 LARRY GREEN 3. Method of Payment of Road Maintenance Costs. a. Obligation of Homeowners Association. The obligation to pay the proportionate share of the Harmony Lane repair and maintenance costs, as allocated above, shall be the responsibility of and shall be paid by the Homeowners Association for each affected subdivision. The sums due from each Homeowners Association shall be deternuned by the number of lots whose owners are members of each such association who use the various sections of Harmony Lane as specified herein. It is anticipated that such Homeowners Association shall assess each lot whose owners are members of such Association such lot's allocated share, provided, however, that the precise manner in which each Homeowners Association collects the monies from the individual lot owners shall be in accordance with the applicable internal documents and procedures of each Homeowners Association. b. Manner of Assessment. Prior to May 31 during each year of the terrn of this Agreement, the Presidents, or such other representatives as may be designated in writing, of each Homeowners Association which is a party hereto, shall meet and confer with respect to items of routine repair and maintenance of Harmony Lane which may be expected during the succeeding twelve (12) months. Upon the unanimous agreement of such representatives, each Homeowners Association shall, within twenty (20) days, pay to a joint road maintenance fund the total amount due from each such Association, which shall be equal in amount to the cumulative amount allocated in accordance witih this Agreement to the lots whose owners are members of such Association. Upon reaching such agreement, the representatives shall designate one of their number to negotiate and enter into such contracts for services with third parties as are appropriate to cause the anticipated repair and maintenance to be accomplished. The cost for such services shall then be paid from the sums deposited into the road maintenance fund by the parties hereto. In the event that the representatives of the Homeowners Associations are unable to reach unanimous agreement with respect to items of repair and maintenance and allocations therefor, the Harmony Lane road maintenance allocation for each lot within each subdivision party hereto shall remain the same as said allocation for the preceding year and the amount due from each party hereto shall be the same as in the preceding year. Allocations for emergency or extraordinary repair and maintenance to Harmony Lane shall be made in accordance with the terms of this Agreement and the Homeowners Associations party hereto shall have the authority to contract and pay for such emergency or extraordinary repair and maintenance to Harmony Lane by following the same procedures as those set forth herein for routine repair and maintenance. 6/6/96 Draft Road Maintenance Agreement Page 3 X006 06/0b/96 16:38 '$970 945 9769 LARRY GREEN 0007 4. Tenn Qf Agrement. The initial term of this Agreement shall be for a period of ten (10) years, and shall thereafter automatically renew for successive five (5) year periods; provided, however, that this Agreement shall terminate automatically upon the earlier of (i) the acceptance of the responsibility for repair and maintenance of Harmony Lane by any state, county, municipal, or quasi -municipal (such as a road maintenance district) entity, or (ii) the anniversary date of this Agreement in the year 2051.. 5. Additional Users of Harmony Lane. The parties recognize and agree that as of the date hereof there are other users of Harmony Lane who are not parties to this Agreement, and further recognize that there are other lands susceptible of development that may use Harmony Lane as access (hereinafter collectively referred to as "Additional Users of Harmony Lane"). The parties hereby agree that this Agreement may be amended without their further consent by the addition of Additional Users of Harmony Lane so long as such Additional Users of Harmony Lane agree to pay their proportionate share of the repair and maintenance costs of Harmony Lane allocated in accordance with the concepts established by this Agreement, and provided further, that such Additional Users of Harmony Lane execute and deliver to the parties hereto a memorandum indicating their agreement and the necessary changes in the number of users of the various sections of Harmony Lane and the resultant changes in allocation of costs. 6. Miscellaneous. a. Governing law and Venue. This Agreement shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of Colorado. The parties agree that any action to enforce any provision of this Agreement shall be brought in the District Court in and for Garfield County, Colorado, and that such court shall be the exclusive venue within Colorado for any such action. b. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes any prior understandings and agreements between them with respect thereto. c. Recovery of Attorney Fees. In the event suit is brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorney fees as determined by the Court. d. Titles and Captions. The headings used in this Agreement are for purposes of convenience only and shall not be used in interpreting this Agreement. e. Signatures i» Counterparts. This Agreement may be executed in one or more counterparts, all of which shall constitute a single agreement and each of which shall be an 616196 Draft Page 4 Road Maintenance Agreement 06,06/96 16:39 '$970 b45 9769 LARRY GREEN original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Sewerai ihty. If any term oc provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of thi s Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HAR. Ong4.IiiOMEOWNERS ASSOCIATION w.w�r_��!� By PINI N GRO V� President OMEOWNERS ASSOCIATION JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION By LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By President President President Road Maintenance Agreement 6/6/96 Draft Page 5 1008 6/s6/96 16:30 $970 945 9769 LARRY GREEN original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Severability. If any term or provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. i HARMONY VIEW HOMEOWNERS ASSOCIATION By President PINION GROVE HOMEOWNERS ASSOCIATION By JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION President By S. President LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By Road Maintenance Agrccment 6/6/96 Draft Page 5 President L1008 DELANEY & BALCOMB, P. G. ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS, COLORADO 81602 ROBERT DELANEY KENNETH BALCOMB. (OF COUNSEL) JOHN A. THULSON EDWARD MULHALL. JR. SCOTT BALCOMB LAWRENCE R. GREEN ROBERT M. NOONE TIMOTHY A. THULSON LORI J.M. SATTERFIELD EDWARD B. OLSZEWSKI SENT VIA FAX TO 927-4069 June 6, 1996 Mr. Raul Gawrys, President Harmony View Homeowners Association Dear Mr. Gawrys: 818 COLORADO AVENUE TELEPHONE 945-6546 TELECOPIER 945-8902 AREA CODE 970 LAWRENCE R. GREEN FAX -945-9769 Re: Harmony Lane Maintenance Agreement This firm represents Tom Levitt, the owner of a proposed subdivision located southwesterly of Harmony View Subdivision. David Brown has advised me that you are now the President of the Harmony View Homeowners Association and therefore the person to whom this letter should properly be addressed. In proceedings before Garfield County on the proposed Levitt Subdivision, it has been suggested, and Mr. Levitt has agreed, that it would be appropriate for the parties who use Harmony Lane to enter into an agreement for the maintenance of the roadway. I have spoken to David Brown several times on this subject and have been advised that Harmony View Subdivision, Pinion Grove Subdivision (Joel Barnes) and Joseph's Meadows Subdivision (Jim Adams) have reached a conceptual agreement on the road maintenance issue. I have now prepared and enclose herewith a draft Road Maintenance Agreement which sets forth my understanding of the conceptual agreement as explained to me by Mr. Brown. In addition to the terms of the enclosed Agreement, I would also note that Mr. Levitt has committed to Garfield County that as part of the subdivision improvements associated with his subdivision, he will improve Harmony Lane from its intersection with Fender Lane to its intersection with Wind River Road, to a chip and seal surface of consistent platform width. Mr. Levitt, as the initial director and officer of the Homeowners Association associated with his subdivision, is willing to sign the enclosed Agreement. I hope the enclosed draft Mr. Raul Gawrys June 6, 1996 Page 2 accurately sets out Mr. Brown's discussions with me and that Harmony View Homeowners Association is likewise willing to execute this Agreement. I have discussed this matter with Cindy Ashcroft, and am providing her with a copy of this Agreement and asking that it be executed by the appropriate officer of Pinion Grove Homeowners Association. I have been unable to locate Jim Adams so I am asking if you would deliver a copy of the enclosed Agreement to him for his review as a member of the Joseph's Meadows Homeowners Association. Thank you very much for your attention to this matter. We would very much like to have this matter resolved by June 14, 1996, if possible. I am at your convenience to answer any questions you may have. Very truly yours, DELANEY & BALCOMB, P.C. By Lawren R. Gr en LRG:bd Enc. cc: David Brown (via FAX 925-2258) Cindy Ashcroft (via FAX 920-2020) Tom Levitt Mark Bean (w/enc.) ROAD MAINTENANCE AGREEMENT THIS AGREEMENT entered into this day of June, 1996, by and between HARMONY VIEW HOMEOWNERS ASSOCIATION; PINION GROVE HOMEOWNERS ASSOCIATION; JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION; and LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION. RECITALS 1. Harmony View Subdivision is a subdivision located primarily in Eagle County and partially in Garfield County, Colorado, consisting of seven (7) lots, six (6) of which utilize a road known as Harmony Lane for access. The owners of each of the six lots within Harmony View Subdivision that utilize Harmony Lane as access are members of the Harmony View Homeowners Association. 2. Pinion Grove Exemption is a subdivision located in Garfield County, Colorado, consisting of four (4) lots. The owners of the 4 lots within Pinion Grove Exemption constitute the members of the Pinion Grove Homeowners Association. 3. Joseph's Meadows Subdivision is a subdivision exemption located in Garfield County, Colorado, consisting of three (3) lots. The owners of the 3 lots within Joseph's Meadows Subdivision exemption constitute the members of the Joseph's Meadows Homeowners Association. 4. Levitt Subdivision is a proposed subdivision located in Garfield County, Colorado, Subdivision, proposed to consist of thirteen (13) lots. The owners of the 13 lots within Levitt Subdivision will constitute the members of the Levitt Subdivision Homeowners Association. 5. The owners of the twenty six (26) lots referenced in paragraphs 1 through 4, inclusive, above, each use portions of Harmony Lane for access to their respective properties, all as more fully set forth hereinbelow. 6. The parties hereto have reached the following agreement with respect to sharing the costs of the future repair and maintenance of Harmony Lane and wish to memorialize said agreement in writing. NOW, THEREFORE, in consideration of the keeping and performance of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Harmony Lane. Harmony Lane is hereby defined as that certain existing roadway located just westerly of the Eagle County/Garfield County line, from its intersection with Fender Lane (County Road 102) southerly to its intersection with Wind River Road. For purposes of this Agreement, Harmony Lane shall be further divided into three sections, defined as follows: a. North Section shall mean that portion of Harmony Lane of approximately feet in length from the intersection of Harmony Lane and Fender Lane to the intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision; b. Center Section shall mean that section of Harmony Lane of approximately feet in length from the intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision to the intersection of Harmony Lane and the southerly entrance into Harmony View Subdivision, which is the same point as the entrance into Joseph's Meadows Subdivision; c. South Section shall mean the section of Harmony Lane of approximately feet in length from the intersection of Harmony Lane and the southerly entrance into Harmony View Subdivision and Joseph's Meadows Subdivision to the intersection of Harmony Lane and Wind River Road. 2. Use of Harmony Lane and Sharing of Repair and Maintenance Costs. The parties wish to share the ongoing and future repair and maintenance costs of Harmony Lane on a prorata basis, determined according to the number of users of each section of Harmony Lane. The parties therefore agree that the sections of Harmony Lane are used as stated below, and that costs of repair and maintenance of each section of Harmony Lane shall be shared as follows: a. North Section is used by 26 lots, consisting of 6 lots in Harmony View Subdivision, 3 lots in Joseph's Meadows Subdivision, 4 lots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of ongoing and future repair and maintenance of the North Section will be divided into 26 equal parts and each lot using the North Section will be allocated 1/26th of said cost. b. Center Section is used by 24 lots, consisting of 4 lots in Harmony View Subdivision, 3 lots in Joseph's Meadows Subdivision, 4 lots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of future repair and maintenance of the Center Section will be divided into 24 equal parts and each lot using the Center Section will be allocated 1/24th of said cost. c. South Section is used by 17 lots, consisting of 4 lots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of repair and maintenance of the South Section will be divided into 17 equal parts and each lot using the South Section will be allocated 1/17th of said cost. Road Maintenance Agreement 6/6/96 Draft Page 2 3. Method of Payment of Road Maintenance Costs. a. Obligation of Homeowners Association. The obligation to pay the proportionate share of the Harmony Lane repair and maintenance costs, as allocated above, shall be the responsibility of and shall be paid by the Homeowners Association for each affected subdivision. The sums due from each Homeowners Association shall be determined by the number of lots whose owners are members of each such association who use the various sections of Harmony Lane as specified herein. It is anticipated that such Homeowners Association shall assess each lot whose owners are members of such Association such lot's allocated share, provided, however, that the precise manner in which each Homeowners Association collects the monies from the individual lot owners shall be in accordance with the applicable internal documents and procedures of each Homeowners Association. b. Manner of Assessment. Prior to May 31 during each year of the term of this Agreement, the Presidents, or such other representatives as may be designated in writing, of each Homeowners Association which is a party hereto, shall meet and confer with respect to items of routine repair and maintenance of Harmony Lane which may be expected during the succeeding twelve (12) months. Upon the unanimous agreement of such representatives, each Homeowners Association shall, within twenty (20) days, pay to a joint road maintenance fund the total amount due from each such Association, which shall be equal in amount to the cumulative amount allocated in accordance witih this Agreement to the lots whose owners are members of such Association. Upon reaching such agreement, the representatives shall designate one of their number to negotiate and enter into such contracts for services with third parties as are appropriate to cause the anticipated repair and maintenance to be accomplished. The cost for such services shall then be paid from the sums deposited into the road maintenance fund by the parties hereto. In the event that the representatives of the Homeowners Associations are unable to reach unanimous agreement with respect to items of repair and maintenance and allocations therefor, the Harmony Lane road maintenance allocation for each lot within each subdivision party hereto shall remain the same as said allocation for the preceding year and the amount due from each party hereto shall be the same as in the preceding year. Allocations for emergency or extraordinary repair and maintenance to Harmony Lane shall be made in accordance with the terms of this Agreement and the Homeowners Associations party hereto shall have the authority to contract and pay for such emergency or extraordinary repair and maintenance to Harmony Lane by following the same procedures as those set forth herein for routine repair and maintenance. Road Maintenance Agreement 6/6/96 Draft Page 3 4. Term of Agreement. The initial term of this Agreement shall be for a period of ten (10) years, and shall thereafter automatically renew for successive five (5) year periods; provided, however, that this Agreement shall terminate automatically upon the earlier of (i) the acceptance of the responsibility for repair and maintenance of Harmony Lane by any state, county, municipal, or quasi -municipal (such as a road maintenance district) entity, or (ii) the anniversary date of this Agreement in the year 2051.. 5. Additional Users of Harmony Lane. The parties recognize and agree that as of the date hereof there are other users of Harmony Lane who are not parties to this Agreement, and further recognize that there are other lands susceptible of development that may use Harmony Lane as access (hereinafter collectively referred to as "Additional Users of Harmony Lane"). The parties hereby agree that this Agreement may be amended without their further consent by the addition of Additional Users of Harmony Lane so long as such Additional Users of Harmony Lane agree to pay their proportionate share of the repair and maintenance costs of Harmony Lane allocated in accordance with the concepts established by this Agreement, and provided further, that such Additional Users of Harmony Lane execute and deliver to the parties hereto a memorandum indicating their agreement and the necessary changes in the number of users of the various sections of Harmony Lane and the resultant changes in allocation of costs. 6. Miscellaneous. a. Governing Law and Vemie. This Agreement shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of Colorado. The parties agree that any action to enforce any provision of this Agreement shall be brought in the District Court in and for Garfield County, Colorado, and that such court shall be the exclusive venue within Colorado for any such action. b. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes any prior understandings and agreements between them with respect thereto. c. Recovery of Attorney Fees. In the event suit is brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorney fees as determined by the Court. d. Titles and Captions. The headings used in this Agreement are for purposes of convenience only and shall not be used in interpreting this Agreement. e. Signatures in Counterparts. This Agreement may be executed in one or more counterparts, all of which shall constitute a single agreement and each of which shall be an Road Maintenance Agreement 6/6/96 Draft Page 4 original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Severability. If any term or provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HARMONY VIEW HOMEOWNERS ASSOCIATION By President PINION GROVE HOMEOWNERS ASSOCIATION By President JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION By President LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By President Road Maintenance Agreement 6/6/96 Draft Page 5