HomeMy WebLinkAboutImprovement Variance And Idemnification Agreement-
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IMPROVEMENLVARIANCE AND INDEMNIF'ICATION AGREEMENT
THIS IMPROVEMENT VARIANCE AND INDEMNIFICATION AGREEMENT (thE
.,egrr"-rnit ir made by Juan Grobler (the "Owner"), whose address is 353 Stagecoach Lane,
Carbondale , CO 8t6Zl, ani the Ranch at lioaring Fork Hom_e9)I9rs Association, Inc,, a Colorado
nonprofti"orporation lihe "Association"), with an address of 14913 Highwlf 82,.Carbondale, CO
g1623. ihe on*rr. and the Association arl refered to individually as "pu{y'or collectiv_ely as.'the
parties'. Any J"nn"a terms in the Second Amended Declaration of Covenants, Conditions,
Limitationi, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork recorded in
Curnefa Countlt Cototudo at Reception No. 364004, as imended (the'oDeclaration") have the same
.
meaning in this Agreement'
RECITALS
A. The Ovuner owns Lot 25, Ranch at Roaring Fork, Phase V, Final Plat (Residential
parcel Vj, Carfietd County, Colorado, also known as 353 Stagecoach Lane, Carbondale, CO 81623
(the "Lot").
B. pursuant to the Declaration, the Association is responsible for review of any
proposed Change in Property to ensure compliance with the Association's governing_documents
lnrtuOin!, with-out limitation, the Declaration and the Architectural Guidelines and Procedures.
The Ass[ciation has discretion to approve or deny such proposals and may grant variances to the
applicable requirements as may be reasonable or appropriate.
C. Pursuant to the Ranch at Roaring Fork, Phase V, Final Plat (Residential P_arcel V),
recorded in Garfield County, Colorado on July 7, 1976 at Reception No. 273384 (the "Phase V
plat"), a ZO ioot wide utility and drainage easement was dedicated to the Association along the
western boundary of the Lot (the "Original Easement")'
D. The Owner desires to improve the Lot by remodeling and expanding the residential
structure located therein in accordance with tlie pians and specifications approved by the
Association (the "Improvement"), a portion of which will encroach onto the Original Easement
area'
E. The Owner wishes to reduce the width of a portion of the Original Easement to 8
feet as depicted and described on Exhibit A (the "AmendedEasement") to avoid encroachment of
the Improvement onto the Original Easement area.
F. The Association wishes to permit the Owner to construct the Improvoment, and to
modiSihe Original Easement, in'conformance with the terms of this Agreement, the Declaration,
and the other Association governing documents'
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the
parties agreel
Recitals are inc in their entirety
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by this reference.
Z. Grant. The Association hereby grants to the Owner the permission to construct the
Improvement in accordance with the plans and'specifications provided by the Owner and approved
Uyitre Association, subject, howevei to the terms, conditions, and limitations of this Agreement
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and the Declaration. This grant does not constitute local governmental approval. The Owner shall
obtain all necessary building permits prior to commencement of any construction.
3. Amended Easement. The parties agree to vacate a portion of the Original
Easernent to reduce the width of a portion of the Amended Easement to 8 feet as depicted and
desoribed on Exhibit A. Except for the foregoing modification, the perpetual, non.exclusive right
to use the Amended Easement for placement, maintenance, or repair of utilities and drainage shall
be unchanged. The Owner shall, at its sole expense, prepare an amendmcnt to thc Phase V PIat
for the Association's review and approval. Upon the Association's approval, the Owner shall
record said amendment in Garfield County, Colorado, at its sole expense, and shall be permitted
to construct the Improvement pursuant to this Agreement. In the event the Amended Easement is
insufficient for the Association's utility and drainage purposes, the Owner agrees to grant an
additionai easement area on the Properfy to the extent reasonably available and to thE extent
reasonably required by the Association.
4. Owncr Covenants. The Owner shall abide by the covenants and restrictions set
forth in this Agreement and the Declaration. Construction of the Improvement shall be performed
pursuant to all applicable building, electric and fire codes. The Owner shall deliver copies of all
required governmental permits to the Association prior to the commencement of construction. The
Owner agrees to complete construction in accordance with the plans and specifications approved
by the Association.
5. Improvement Covenants.
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a. Scope and ReElrictions. The scope of the Improvement is limited to the
improvements depicted on the construction plans and specifications provided by the Owner and
approved by the Association. The Improvement shall not limit use of or access to the Amended
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of any other Lot or the Common Elements. Any changes to the Improvement shall reqirire
additional, advance approval by the Association. All work shall be completed in compliance with
all app.licable codes, ordinances, rules, and regulations. Except for the Improvement specifically
authorized by the Association in this Agreement, the Owner shall not place, build, expand, or adi
to any structures or other items on the Lot. The Association shall have no responsibility, liability,
or obligation with respect to the safety or security of any of the Improvements or othir personii
Plopgrty of the Owner that the safety and security of any such property is its sole responsibility.
The Owner shall be solely responsible for the costs associated with construction.
b. lnsurance. The Owner shall obtain and maintain insurance coverage
for property damage and general liability naming the Association as an additional insured.
c. Damage Repaif or Replacement. The Owner shall be responsible for
repairing or replacing any portion of the Lot, the Common Elements, any adjacent Lot or Unit, or
any other portion of the Property that is damaged during the construction of the Improv"meni, if
tnv tf nn cncf fn fhe Accnninfinn
d. Continuing Oblieation. The Owners will be
maintenance, repair or replacement of the Improvement at their sole expense.
responsible for
6. Indemnification. The Owner agrees to inciemnifu, proteci, cieienci anci hoici
harmless the Association, its members, manager, attorneyso and agents fthe "Indemnified Parties")
from and against any and all claims, causes of action losses, demands, liabilities, suits, costs and
expenses, including, without limitation, reasonable attomey's fees and court costs, asserted against
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or incurred by the Indemnified Parties by reason of or arising_out of in any.way the construction
or existence of the Improvement. Thii indemnity specifically covers, without limitation, any
damage ,uurrito uny plrlion ofthe Lot, the Common Elements, any adjacent Lot or Unit, or any
other portion of ini rtop"rty by the construction and all future use and existence of the
Improvement.
7. Rccordation. The Association shall record this Agreement in the records of the
Garfreld County, CofoiaOo, Clerk and Recorder. This Agreement shall run with the Lot and is
uinding on the Association, the owner, their successors and assigns.
g. Entire Agrecment. This Agreement constitutes the entire. agreement and
understanding betweenih?parties and superse-cle! g1y prior agreement or understandinss relating
to the subject matter hereof. All modifications of ttrii Agreernent must be approved by the parties
in writing.
g. No Waivcr. The iailure of the Association to exlrcise any of its rights under this
Agreement shall not be a waiver of those rights.
10. Remsdies. The parties hereto shall have the righl and porve,5'tq ,qrilg suit in their
own name for any l;;;i;r *["iLur" relief due to lack of compliancg.witn {1i"$riivisions of this
agr..*""1. If any rEurt pro".edings are instituted in connection wit\;th'e;riltits 6f enforcement
;;?;;;Ji", prorridrd in this Agreement, the court shall awar{ lQrthe':nJilyaiilihg party the
,.i*burr"rent of its costs and &penses, including reasonable=attorney--fees, in connection
therewith and in any subsequent suit to enforce a judgment
11. Colorado Law. The interpretation, enforcement or any other matters relative to
this Agreem"nt ,t uit U" construed and determined in aicb,lbance with the laws of the State of
CJo.fao. Any lititalio" l""oi"irg this Agreemell or its subject.*u!l.t.shall be brought and
nraintained in the ul'strrci Co"rts loJated in darfield County, Coiorado. Each party'hereby waives
all rights to trial by jury.
12. Notices. All notices or other communications required or permitted to be
gin"n puir,rant to thii-Agreeme"t shall be in writing and
^sh_all
be considered as properly given if
;;"i bi email uno rr*ipiis .onn.m*d by the recipient, of if delivered by first class united states
;;i1, p"tdt; pr.puia, 6'r by delivering the same in person to the intended addressee as follows:
If to the Association: Ranch Manager
Ranch at Roaring Fork
14913 HighwaY 82
Carbondale,CA 81623
mana ger@,ranchatroarin qfork'co m
(970)963-9243
Juan Grobler
353 Stagecoach Lane
If to Licensee:
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13. Counterparts. This Agreement may be executed in one or more
counterparts, each of which, when taken together shall constitute one and the same document.
Facsimile and other electronic signatures shall be binding.
V /'
Juan
SIATEor Cs\srado
County
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r The foresoine document
r\\rc,nn Q:tn\C*o*n"'.
was acknowtedged before me onF*SleFr $!1 ,202{, by
My Commission expires:
Public
Amanda Salas
NOTARV PUEUC
SIA'IE OF 0IIIORADO
N0IABY tD# ali{xt4428
MY
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^ASSOCIATION:
The Ranch at Roaring X'orkllomeownctc Association' fnc'
By:Fratrk M Gerber Jr
Title:President
STA]EOFCOLORADO
County or 0^r{..\J
My Commission ospires: 12- lAz?A?1
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