HomeMy WebLinkAbout05.0 Road AgreementROAD AGREEMENT
THIS AGREEMENT is entered into between GEORGE R. KILBY and FARLEY S. KILBY
("Kilby") and ROARING FORK PRESERVE, LLC ("RFP"), collectively ("parties").
RECITALS
A. RFP owns Roaring Fork Preserve Subdivision which has received preliminary
plan approval by Resolution No. 2001-60 of the Board of County Commissioners of Garfield
County, Colorado. RFP has applied for final plat approval by Garfield County.
B. Kilby owns Mayfly Bend Subdivision which has received preliminary plan
approval by Resolution No. 2001- of the Board of County Commissioners of Garfield
County, Colorado.
C. The proposed final plat of Roaring Fork Preserve depicts Ponderosa Way which
is dedicated as a public street and provides access from County Road 100 within Roaring
Fork Preserve Subdivision and across Roaring Fork Preserve Subdivision to Mayfly Bend
Subdivision. Once the final plat has been approved and recorded, the streets depicted
therein will be dedicated to public use but will be privately maintained.
D. The parties have previously entered into a letter of agreement dated July 11,
2001, regarding the sharing of certain common expenses relating to construction and
maintenance of roads, common utilities, and other matters.
E. Each of the parties has formed, or intends to form a non-profit corporation as
a homeowners association for the respective subdivisions.
F. The parties wish to enter into an agreement regarding the cost sharing of
maintenance of a portion of Ponderosa Way, which provides common access for both
subdivisions, to provide for the sharing of costs for maintenance of common fire protection
equipment and systems, to provide for individual responsibility for maintenance costs of
other roadways within said subdivision, and to provide for the assumption of said
obligations by the respective homeowners associations once formed.
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. The parties agree that the cost of maintaining, snow plowing, repairing and
resurfacing as necessary (maintenance costs) that portion of Ponderosa Way located within
Roaring Fork Preserve Subdivision extending from County Road 100 to the point where
Ponderosa Way intersects with Willows Lane (common road) shall be shared as follows:
a. RFP and Roaring Fork Preserve Homeowners Association shall be
obligated to pay 9/14ths of the maintenance costs for said common road.
b. Kilby and the homeowners association for Mayfly Bend Subdivision
shall be obligated to pay 5/14ths of the cost of maintenance of said common roadway.
2. The parties agree that the cost of maintaining the common fire protection
eauioment and systems located within Roaring Fork Preserve Subdivision and the cost of
landscaping. irrigation and maintenance of the entry area depicted on the Roaring Fork
Preserve plat as "irrigation easement" shall be shared as follows:
a. Roaring Fork Preserve and Roaring Fork Preserve Homeowners
Association shall be obligated to pay 2/3 of said costs.
b. Kilby and the homeowners association for Mayfly Bend Subdivision
shall be obligated to pay 1/3 of said costs.
3. The parties will meet annually to estimate the total annual cost of common
road maintenance, common landscaping and maintenance of the entry area and
maintenance of common fire protection equipment and systems, assess said amount pro rata
among the lot owners within the respective subdivisions, and take such other actions as may
be necessary and appropriate to collect the same. In addition, the parties will decide on an
annual basis the total amount and the respective share of each party to be set aside in a
sinking fund to provide for cost of replacement of the road surface when necessary in the
future. Said costs will be assessed by each homeowners association to lot owners pro rata.
4. When the homeowners associations have been formed and become
operational, the parties hereto will take the steps necessary to have the respective
obligations of the parties assumed by the respective homeowners associations.
5. Each of the parties and ultimately the homeowners associations shall be
separately responsible for maintaining other roads as follows: RFP will be responsible for
all maintenance costs of Silver Spruce Drive and Willows Lane; Kilby will be responsible for
all maintenance costs of that portion of Ponderosa Way extending from Willows Lane to
Mayfly Bend Subdivision and all roads within Mayfly Bend Subdivision. The parties each
acknowledge and agree that Garfield County shall not be responsible for any road
maintenance within either subdivision.
6. If either party advances funds on behalf of the other for the purpose of paying
any of the costs due from the other party as set forth herein, the party advancing funds will
have the right to bring an action against the other party for collection of the amount so
advanced. Any funds determined to be due and owing to either party will include payment
of interest from the date due to the date of payment at 12% per annum.
7. This agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors and assigns. Once the respective homeowners
associations have assumed the rights and obligations of the parties hereunder, said parties
shall be relieved of further obligations hereunder.
8. This agreement shall be construed, interpreted and governed by the laws of
the State of Colorado. In the event that legal proceedings are instituted by either of the
parties for enforcement of this agreement, such proceedings shall be brought in the Garfield
County District Court. The prevailing party in any such litigation shall be entitled to an
award of reasonable attorney's fees and costs.
EXECUTED this day of , 2002.
ROARING FORK PRESERVE, LLC
By:
David S. McMorris, Manager
George R. Kilby
Farley S. Kilby
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