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Home My WebLink About5. Agreement and AuthorizatioAGREEMENT THIS AGREEMENT is made and entered into by and between WILLIAM ANDREW NIEMEYER and SHIRLEY JACKSON NIEMEYER (the "Niemeyers"), SPRINGRIDGE RESERVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation ("Springridge"), and ASPEN VALLEY LAND TRUST, a Colorado non-profit corporation ("AVLT"), WITNESSETH: RECITALS A. The Niemeyers are the owners of that certain real property known as Parcel 11, Faranhyll Ranch, having a common address of 5744 County Road 117, Glenwood Springs, Colorado 81601 (the "Niemeyer Property"). B. Springridge is the owner of that certain adjoining real property known as Parcel A, Springridge Reserve PUD, Phase 1 (the "Springridge Property"). C. A recent survey of the Niemeyer Property has revealed that the residence for the Niemeyer Property (the "Niemeyer Residence") was mistakenly constructed entirely on the Springridge Property. D. The Niemeyers and Springridge have agreed to adjust the boundary line between their properties by exchanging five (5) acres, after which the Niemeyer Residence shall be entirely located on the Niemeyer Property. E. The Niemeyer Property and Springridge Property are subject to separate Conservation Easements held by AVLT, the legal descriptions of which will require correction. F. The parties have agreed to proceed with adjusting the boundary line between the properties and correcting the respective Conservation Easements as set forth herein. AGREEMENT NOW, THEREFORE, for and in consideration of the promises, covenants and agreements herein contained, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Boundary Line Adjustment. The Niemeyers and Springridge hereby agree to adjust the boundary line between their respective properties as generally depicted on Exhibit A attached hereto. It is understood that such boundary line adjustment shall include the following: (a) The exchange of five (5) acres between the Niemeyers and Springridge; (b) For the Niemeyer Property, compliance with the Garfield County requirements concerning boundary line adjustments of unplatted parcels; (c) For the Springridge Property, compliance with the Garfield County requirements for Amended Final Plats and/or PUD Amendments; and (d) Correcting the legal descriptions for both Conservation Easements. (collectively, the "Boundary Line Adjustment"). It is further agreed that counsel for the Niemeyers shall prepare all documentation and pursue all governmental approvals necessary to accomplish the Boundary Line Adjustment; PROVIDED HOWEVER, all such documents, applications, and approvals shall be subject to the prior review and approval of counsel for Springridge. Accordingly, all documents and submittals shall be approved by Springridge prior to submittal to the Garfield County Community Development Department and all final documents shall be approved by Springridge prior to recording. 2. Ratification by Springridge Board & Owners. It is understood that this Agreement and completion ofthe Boundary Line Adjustment as contemplated herein shall be subject to approval and ratification of the same by Springridge's Board of Directors and owners entitled to cast at least sixty-seven percent (67%) of the votes in Springridge, including sixty-seven percent (67%) of the votes allocated to lots not owned by a declarant. 3. Correction of Conservation Easements. It is agreed that counsel for AVLT shall prepare the necessary documents correcting the legal descriptions for both Conservation Easements, subject to the Niemeyers' and Springridge's review and approval. 4. Niemeyers' Payment or Reimbursement of Springridge Costs. Niemeyers agree to pay or otherwise reimburse Springridge for all actual costs incurred by Springridge, including, without limitation, attorney and other professional fees related to or arising from the Boundary Line Adjustment. It is agreed that such costs are not anticipated to exceed $5,000.00. Accordingly, Springridge shall notify Neimeyer, in writing, prior to incurring any costs in excess of $5,000.00. Springridge, at such times as Springridge deems appropriate, shall provide Niemeyers with an invoice reflecting the amounts to be paid or reimbursed to Springridge. Payment of such amounts shall be due upon receipt ofthe invoice. Any balance remaining unpaid thirty (30) days after the date of invoice shall bear interest from the invoice date until paid. Interest charges shall be compounded on the previous balance less credits, using a Monthly Periodic Rate of 1% (Annual Percentage Rate of 12%). In the event Niemeyers should fail to make any payment when due, Niemeyer agrees to pay all costs of collection incurred by Springridge, including a reasonable attorneys fee. 5. Further Assurances. The parties shall cooperate reasonably with each other and with their respective representatives in connection with any and all such other acts and things required for the purpose of carrying out the intent of this Agreement, including, without limitation: (a) furnishing, upon request, any further information or documents required; and (b) participating 2 m any legal action or governmental approval processes required to effectuate the Boundary Line Adjustment, including any future court action required to confirm or otherwise accomplish correction of the Conservation Easements. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. This document may be executed in various counterparts, and when all parties have executed a copy hereof, the executed copies taken together shall be deemed to be the full and complete Agreement of the parties. The signature of any party transmitted electronically shall be deemed as valid and binding as an original signature. Dated this 3 R' day of /vi f , 2017. William Andre • meyer Shirle J+ 'l son Niemeyer SPRINGRIDGE RESERVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation By: John Currier, President ASPEN VALLEY LAND TRUST, a Colorado non-profit corporation By: ` r ` `• L �.� 4 „r Suzanne tphens, Execu iv irecior T 3 in any legal action or governmental approval processes required to effectuate the Boundary Line Adjustment, including any future court action required to confirm or otherwise accomplish correction of the Conservation Easements. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. This document may be executed in various counterparts, and when all parties have executed a copy hereof, the executed copies taken together shall be deemed to be the full and complete Agreement of the parties. The signature of any party transmitted electronically shall be deemed as valid and binding as an original signature. Dated this _ day of , 2017. William Andrew Niemeyer Shirley Jackson Niemeyer SPRINGRIDGE RESERVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation By: ohn Currier, President ASPEN VALLEY LAND TRUST, a Colorado non-profit corporation By: Suzanne Stephens, Executive Director EXHIBIT A !TIN � 1;41 f1 4:1 1NN 11 ti it 161 fk ai 3 11 P 4 , V p ox cAtt 7 ml 6 t4 4 t XII 1 1R �o ar Rid Ab� as r $$11c,, -it, 141 !I - LINOR gt '� g A gii4 a IIS 154 .vow F7' ftOj zoi vog illr i„, ,rrry i.rrsras $x. fi zi I n I o' • know=6R 8a r W ry 3 H r--\ � - .man .u. • .+ r sro it F.9 hp - 93 �q 5; 5 tri gk 5.48 4042 ^V` Cb O alb zk oc b nay Cj)�� FYI v 0 GOLUBA & GOLUBA P.C. ATTORNEYS AT LAW 823 COOPER AVENUE P.O. BOX 931 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-9141 FAX: (970) 945-9143 NEIL W. GOLUBA golubapc@comcast.net June 6, 2017 Community Development Department Attn: Glen Hartmann 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Authorization Letter Dear Glenn: As you know, I'm representing William Andrew Niemeyer and Shirley Jackson Niemeyer and Springridge Reserve Homeowners Association in connection with adjusting the boundary of their properties, including submittal of the required PUD Zoning Amendment and Rezoning Applications. The purpose of this letter is to evidence said parties' authorization for me to submit and pursue said Applications. APPROVED AND AGREED: William Andre_, emeyer hirley Ja ;1.on Niemeyer Very truly yours, SPRINGRIDGE RESERVE HOMEOWNERS ASSOCIATION By: John Currier, President GOLUBA & GOLUBA P.C. ATTORNEYS AT LAW 823 COOPER AVENUE P 0 BOX 931 GLEN WOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-9141 FAX: (970) 945-9143 NEIL W. GOLUBA golubepc@comcast.net June 6, 2017 Community Development Department Attn: Glen Hartmann 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Authorization Letter Dear Glenn: As you know, I'm representing William Andrew Niemeyer and Shirley Jackson Niemeyer and Springridge Reserve Homeowners Association in connection with adjusting the boundary of their properties, including submittal of the required PUD Zoning Amendment and Rezoning Applications. The purpose of this letter is to evidence said parties' authorization for me to submit and pursue said Applications. Very truly yours, NEI GOI,� APPROVED AND AGREED: SPRINGRIDGE RESERVE HOMEOWNERS ASSOCIATION William Andrew Niemeyer 13y : -- —� (f17/.a? Shirley Jackson Niemeyer hn Currier, President