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HomeMy WebLinkAbout6.0 Memorandum Agreement• • MEMQRANDUM AGREEMENT This memorandum of understanding is entered into by West - bank Ranch No. 1, Ltd. hereinafter called Westbank and ponald J. Ice, hereinafter called ICE and a--pproved by the Board of Directors of the Westbank Ranch Golf and Country Club, formerly known as the Westbank Ranch Homeowners Association and herein called WRGCC. 1. It is understood that Westbank has proposed to transfer to WRGCC the water system and open space including the golf course in accordance with the terms of its letter dated December 5, 1977, a copy of which is attached hereto as Exhibit A. It is further understood that Westbank desires to develop lands that it present- ly owns that are adjacent to the area containing the Westbank Ranch Subdivision Filings No. 1, 2 and 3. It is further under- stood that Ice desires to develop the land which is adjacent to the area containing the Westbank Ranch Subdivision Filings No. 1, 2 and 3 which are commonly known as Hilvue Acres, being located in Garfield County, Colorado and described on the attached Exhibit C hereto and Ice further acknowledges that said land shall be bound by the terms of this agreement from and atter the time that title to said land is taken in his name. It is also understood that WRGCC intends to create a Metropolitan District known as Westbank Metropolitan District to own and control the operation of the Westbank Water System and the Westbank Go].f Course and other recreation facilities. 2. Further, it is acknowledged that Ice desires to connect his development into the present Westbank Water System and that Ice and Westbank will probably be required to have a Sewage Treatment System in order for each. of them to develop their res- pective tracts. It is further understood that Ice desires to have the land in his development be a part of the Westbank Metro- politan District. Also, it is acknowledged that Westbank and Ice will develop additional living units. 3. Westbank and Ice do hereby agree to share in the cost of the construction and operation of a Sewage Treatment Plant for the mutual benefit of their respective developments with the understanding that the operation of the Plant and collection system would be turned over to the respective owners of property served by the system or to the Westbank Metropolitan District or other appropriate governmental district and the cost of opera- tion thereof shall be paid by the users. 4. The cost of the Sewage Treatment Plant will be shared on a prorata basis between Westbank and Ice based on the number of living units each have approved for development by the approp- riate officials of Garfield County, Colorado, with a minimum number of 40 units for Ice and 80 units for Westbank to be used for participation in the Plant whether or not they decide to build fewer units than the minimum. Westbank and Ice will coordin- ate the planning of the Plant and the Westbank Metropolitan Dist- rict will be consulted in the planning of the plant, for future expansion, and it is agreed that the same must be operational no later than October 1, 1980 unless otherwise agreed by Westbank and Ice. Exhibit G 5. The Sewage Treatment Plant will be located on the lower level adjacent to the present holes #2, 3 and 4 on the Westbank Golf Course, and Westbank or its successor will provide rights of way and easements necessary for the Sewage Treatment Plant and collection system. 6. Both Westbank and Ice have the right to withdraw from the agreement to participate in the Construction and operation of the Sewage Treatment Plant and system up to July 1, 1979 by giving written notice thereof to the other party and otherwise by that date they will enter into a formal written agreement regarding the construction of the Sewage Treatment Plant and the operation thereof. 7. If either Westbank or Ice withdraw from this agreement to build a Common Sewage Treatment Plant, then either of them shall have the right to build and operate a Sewage Treatment Plant and Collection System on the land provided by Westbank or its successor as set forth in paragraph 5 above. 8. In consideration of the right for his development to have equal right of use of the Westbank recreational and open space facilities, Ice agrees to contribute the sum of $2,250.00 per living unit approved for development by the authorities of Garfield County. Such contribution shall be made and be for recreational purposes. The contribution from Ice for each living unit shall be due and payable at the time of sale or occupancy of each unit but in any event not later than July 1, 1984. 9. If the Westbank Metropolitan District is formed, the contribution of Ice stated in the preceeding paragraph, shall be paid to the District subject to the terms and conditions of this agreement and for its use for recreational facilities with Westbank and Ice to be consulted with respect to the use of these funds. 10. If the Westbank Metropolitan District is not formed, then Ice shall make the contribution described in paragraph 8 above directly to Westbank which agrees to put such funds into recreational facilities as agreed upon by Ice and Westbank. If they are unable to agree, each shall appoint one arbiter who will in turn appoint the third arbiter with the decision of the majority of them to be final. 11. The sewer lines needed to collect and transport sewage to the Treatment Plant from the developments of Ice and Westbank will be paid for respectively by Ice and Westbank until such sewer lines join. The cost of any common collection lines shall then be paid for by Westbank and Ice on the same basis as they share the cost of the Treatment Plant as set forth in paragraph 4 above. 12. The cost of operation of the Sewage Treatment Plant and collection system will be distributed on the prorata number of units or equivalent thereof that are attached to the Sewage Treatment System by each development of Westbank or Ice as such units or equivalent thereof are determined by the ordinances for sewer services in effect or as amended in the Town of Carbondale, Colorado. 13. Ice will pay $150.00 for a water inspection fee for each living unit in his development, which payment shall constitute payment of any tap fee to Westbank or the Westbank Metropolitan District, as applicable. • • 14. In return of the right for his development to connect to and be served by the present Westbank Water Systems for both domestic and irrigation purposes, Ice agrees to transfer to either Westbank or the Westbank Metropolitan District, the water, water rights, ditch and ditch rights appurtenant to the land in his development, including Owens Domestic and Irrigating Well No. 1 for 0.10 cfs as adjudicated in W1300 Water Division, No. 5, State of Colorado and Owens Domestic Well, No. 1 for 0.022 cfs as adjudicated in W1299 Water Division No. 5, State of Colorado and as further described in the Report on a Proposed Water System for Mr. Don Ice by Stanley L. Dodson, dated June 16, 1978, attached hereto as Exhibit B. Ice further agrees that water from the domestic system shall not be used for irrigation of lawns or gardens, and further agrees that all of the common open space in his development will be irrigated only from the Westbank Irrigation System, and that all cost of the necessary facilities will be borne by him. Ice agrees that he will promptly apply to the Water Court, Water Division No. 5, State of Colorado for adjudication of an absolute right to the difference in the amount of water presently adjudicated set forth above, and the pump test amounts as described in Exhibit B, attached hereto. 15. If the Westbank Metropolitan District is not formed, then Ice will transfer the above described water, water rights, ditch and ditch rights to Westbank in return for his right to have his development served by the Westbank Water Systems for both domestic and irrigation purposes and thereafter Westbank and Ice will each own part of the resultant water system in the appropriate percentages based upon the total number of living units that each has developed or had the right to develop. 16. Ice agrees to guarantee the decreed quantity of water that is available and the delivery capacity thereof for the wells that he will transfer as they are presently adjudicated and constructed and such additional amounts as may be adjudicated in accordance with the provisions of paragraph 14 above, as of the date that he connects his development to the Westbank Water System and actual use of water for his development begins and that if said wells do not deliver up to the decreed amount of water for each well on a sustained basis at that time, that he will pay for and provide such additional water as is needed to meet such decreed quantities. 17. Ice will pay for the cost of installation of water lines within his development and for the lines needed to connect his development with the Westbank Water System. The Westbank Metropolitan District or Westbank as the same may be applicable, shall approve the design of Ice's Domestic Water System which shall include meters for each individual living unit. 18. Ice agrees that at the beginning of construction of any living unit in his development, he will escrow the pro rata share for each unit of the total cost of providing the water storage required for his development, and that upon completion of 25% of the total living units authorized for his development or the expiration of 24 months from the beginning of construction of any living unit, whichever comes first, Ice will have the total amount of water storage completed and the storage facilities on line with the Westbank Water System. The water storage to be built by Ice will be constructed in accordance with the standards established by an engineer, employed by Ice, who is acceptable to Westbank and the Westbank Metropolitan District if the same is in existence. The need for water storage capacity shall be that as required by the officials of Garfield County, Colorado for Ice's development. • • 19. The terms of this agreement shall be additional con- ditions to the transfer of the property set forth in Exhibit A by Westbank to either the WRGCC or the Westbank Metropolitan District. 20. This agreement shall be binding on the respective heirs, personal representatives, successors and assigns of the parties to this agreement. Dated this 12th day of January at Glenwood Springs, Colorado. Attest: 1979, Westbank Ranch No. 1 Ltd. By: Westbank Development Co., Inc. General Partner Bv: j/ Dolores Huebinger, Vecretary By: Attest: Hal Stewart, Secreta STATE OF COLORADO ) ss COUNTY OF GARFIELD ) n Huebinger, esmiNA Donald J. Ice ident Westbank Ranch Golf & Country Club A-1/117)-1 -Cecil L. Duffin, President The above Memorandum Agreement was acknowledged before me this 12th day of January , 1979 by John Huebinger, Jr. as President and Dolores Huebinger as Secretary of Westbank Deve- lopment Co, Inc., General Managing Partner of Westbank Ranch No. 1 Ltd. My commission expires: August 12, 1981. Witness my hand and official seal. Notary Public • • STATE OF COLORADO ) ss COUNTY OF GARFIELD ) The above Memorandum Agreement was acknowledged before me this 10th day of November , 1978 by Donald J. Ice. My commission expires: September 5, 1982. Witness my hand and official seal )72 4U. Notar Public STATE OF COLORADO ) ss COUNTY OF GARFIELD ) The ove Memorandum Agreement was acknowledged before me this 6 — day of , _ ." �, , 1978 by Westbank Ranch Golf and Country Club by Cecil L. Dunn its President and Hall Stewart its Secretary. My commission expires: Witness my hand and official seal Notary blic