HomeMy WebLinkAboutEx 08c Well Sharing AgreementSU 'L E
TO
UPPLE ENT T• LI ITE I PACT EVIE
F R ST • RAGE AN FABRICATI N FACILITY
C NTRACT RS YARD ANA ENDED PLAT
Parcel ID Numbers: 2393-274-01-004; 2393-274-01-003; and 2393-274-01-002
File Numbers LIPA 02-20-877; GAPA 02-20-8778; FPAA 03-20-8780
WELL SHARING AGREEMENT
THIS WELL SHARING AGREEMENT, made this day of
, 2020, by Baltic, LLC, a Colorado, a Colorado limited liability company
("Owner").
RECITALS:
WHEREAS, Baltic, LLC owns three (3) parcels of real property depicted on the Second
Amended Plat of Dixon Subdivision record in the real estate records of Garfield County as
Reception No. and identified thereon as Lot A, Parcel C and Parcel D; and
WHEREAS, each of Lot A and Parcel D may be developed with residential structures
comprised of single family or duplex units; and
WHEREAS, Parcel C may be developed with two (2) commercial buildings; and
WHEREAS, Owner is the owner of a water well located on Parcel C as depicted on said
Second Amended Plat known as the ToPoel Well, permit no. 45419-F-R; and
WHEREAS, the Owner desires to set forth in writing this agreement concerning the use and
maintenance of the ToPoel Well, and the rights and obligations of the three (3) parcel owners
concerning the ToPoel Well and the use of water therefrom.
NOW THEREFORE, for and in consideration of the mutual promises contained herein,
owners set for the following:
1. Domestic Water Well. Domestic water service for the three (3) parcels depicted on the
Second Amended Plat shall be provided by the ToPoel Well. The individual service line(s)
for each property shall be owned exclusively by and be the sole responsibility of that owner
In the event diversions from the ToPoel Well exceed historical diversions, the parties agree
to undertake such steps as necessary to investigate the existence of any leaks and repair the
same or determine the cause for such increased use.
2. Operation, Maintenance and Repairs to Domestic Water Well. The owner of the parcels
shall cooperate with each other at all times to promote the proper function and use of the
ToPoel Well and water system to provide an optimum water supply on demand at all times
possible based upon the natural availability of water. The owners shall not waste water.
The owners shall cooperate on the future maintenance, operation, repair, replacement or
improvement of the ToPoel Well, Water System and all common facilities. Each of the
parcels shall install a meter to record water usage. The cost of all maintenance and repairs
shall be allocated to the owners in propotion to the amount of water used by that owner's
property. In the event the owners are unable to agree on any required maintenance, repair,
replacement or improvement, any ownei shall be entitled to undertake the minimal
maintenance, repair, replacement or improvement necessary and essential for proper
WELL SHARING AGREEMENT
Page 2 of 3
functioning of the common facilities In the event an owner determines to undertake such
work unilaterally, such owner shall notify the other owners in writing. The owner
undertaking the work shall, upon completion, provide the other owners with a written
statement of work performed and the other owners proportionate share of the cost of the
same. In the event an owner fails to pay the proportionate share of any amount due within
thirty (30) days after presentment, the owner which has paid such costs and expense shall
be entitled to pursue any remedy available at law of in equity.
3. Well Failure. Should the ToPoel Well fail to operate, or be ordered by any governmental
agency, officer or official to cease diversions, the owners shall each be individually
responsible for providing water to each respective property.
4. Default. If an owner fails to discharge its obligations hereunder, any other owner may give
written notice thereof to such defaulting ownei ("Defaulting Owner"). If the Defaulting
Owner does not cure such failure within twenty (20) days after its receipt of such notice,
then the nondefaulting owner shall have the right, but not the obligation, to cure such failure.
If the nondefaulting owner elects to cure the Defaulting Owner's failure under this
paragraph, then the Defaulting Owner shall, within ten (10) days after written demand by
the nondefaulting owner (accompanied by invoices setting forth in reasonable detail the
costs incurred by such owner), reimburse the nondefaulting owner for the reasonable costs
and expenses incurred in connection therewith, together with interest thereon from the date
of such demand until paid at the rate of 18% pei annum
5. Indemnity Each owner shall indemnify, defend, and hold harmless any other owner or
successor in in interest from and against any and all claims, including loss of use of the
ToPoel Well for any reason, damages, liens (including without limitation mechanics' and
materialman's liens), losses, suits, actions, judgments, liabilities, costs and expenses
(including, without limitation, seasonable attorneys' fees and costs and expenses of
litigation) arising from or related to the operation, construction, production or quality of
water from, maintenance, use or any other matters related to the ToPoel Well and its related
facilities by an owner or its permittees except to the extent that such claims, liens losses,
suits, actions judgments, liabilities, costs or expenses result from the negligence,
recklessness or willful act of the indemnified owner or its permittees.
6. Covenants Running With the Land This Agreement and the provisions contained herein
are intended to and shall run with the titles to those real pioperties described on the Second
Amended Plat, and shall be binding upon and inure to the benefit of the owners thereof, and
their successors and assigns. The laws of the State of Colorado shall govern the validity,
effect and construction of this Agreement. This Agreement may not be modified in any
manner expect by an instrument in writing signed by the owners of each of the Parcels. This
Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder.
7. Notice. Any notice or demand under this Agreement shall be in writing and shall be deemed
given, received, and served (a) upon personal delivery, or (b) on the third business day after
mailing, postage prepaid, be registered or certified mail, return receipt requested addressed
WELL SHARING AGREEMENT
Page 3 of 3
to such Parcel Owner's address as may appear in the Garfield County Assessor's records.
8. Entire Agreement This Agreement contains the entire agreement of the parties concerning
the subject matter herein and supersedes all prior agreements, if any.
9. Governing Law. For purposes of this Agreement, the Parties agree that it they shall submit
to the jurisdiction of the Garfield County Courts, Colorado.
10. Attorney Fees In the event that any party is reasonably required to utilize the services of
any attorney to initiate litigation and enforce any provision hereof, then the party prevailing
in such litigation, whether the party initiating litigation of otherwise, shall be entitled to its
reasonable attorney fees, court costs and all costs of such litigation
IN WITNESS WHEREOF, this Agreement is executed this day of
, 2020.
Baltic, LLC
a Colorado limited liability company
By:
, as Manager
State of Colorado )
) ss.
County of )
Subscribed, sworn to and acknowledged before me by , as
Manager of Baltic, LLC on this
Witness my hand and seal.
My commission expires
day of , 2020.
Notary Public