HomeMy WebLinkAboutC03-021 Berry Creek Limited Liability Company~~
AGREEMENT
CONCERNING PROTECTIVE COVENANTS
CONDITIONS AND RESTRICTIONS
FOR
MII.LER RANCH A RESUBDIVI5ION OF TRACT D
BERRY CREEK/lytii T FR RANCH PUD
C n~ - 21- /~
• ~ ~~~~.
THIS AGREEMENT is made and this ~~day of January, 2003, by and between, Eagle
County, Colorado, a body corporate and politic, ("County") and Berry Creek Limited Liability
CO., a Colorado limited liability company ("Berry Creek").
RECITALS
A. The County is the owner of certain real property described in Exhibit A attached
hereto ("Property").
B. The County and Berry Creek have entered into a Development Agreement and Land
Lease and Option Agreement dated August 20, 2002, pursuant to which Berry Creek is to
develop the Property into a single and multi-family housing development project.
C. Pursuant to that Land Lease and Option Agreement dated August 20, 2002, the
County entered into that lease agreement for the purpose of leasing the ground to Berry Creek so
that it can construct improvements on the Property and sell the residential units as they are
constructed.
D. On November 19, 2002, Berry Creek submitted a final plat for the Property. The
Board of County Commissioners approved that plat with three conditions: 1. Completion of a
Subdivision Improvements Agreement, 2. Completion of Protective Covenants, Conditions and
Restrictions, and 3. Correction of the lien certificate to reflect the loan with Wells Fargo Bank.
E. Eagle County and Berry Creek are working to review the Protective Covenants,
Conditions and Restrictions for the Property and have determined that a plat note setting forth
recording information for that document is premature.
NOW TI~REFORE, in consideration of the foregoing recitals and mutual promises and
covenants herein contained and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
1. Bent' Creek shall prepare Protective Covenants, Conditions and Restrictions
("Covenants") for the Property. The Covenants shall be subject to review and approval by
County and must be recorded prior to the closing of any sale of any residential unit on the
Property.
2. This agreement may not be modified or amended unless such modification or
INIII Iwl II I II VIII ~IIN IIII II
82046$
Page: 1 of 3
01!16/2003 12:49
R 0.00 D 0.00
~,
•
amendment is agreed to in writing by all parties.
3. In the event of any legal action concerning the interpretation or enforcement of this
Agreement, the prevailing party shall be entitled to recover all of its costs and expenses,
including but not limited to, attorney fees and costs.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of
the day and year first written above. ,
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its i/'
Board of Countf~lComr~ioners
~,~~~
®~~
~ '~, _ ~. Michael L. Gallagher,
to the Board
BERRY CREEK LIMITED II1TY CO.
A C lorado Limited Liabili Company
By:
Andrew Gerber, Manager
IYII III Iulll ul IIII IIIIU IIV IN IVII III lul 8=068
•
EXHIBIT "A"
LEGAL DESCRIPTION
TRACT D, BERRY CREEK/MII.,LER RANCH PLANNED UNIT DEVELOPMENT,
ACCORDING TO THE PLAT RECORDED JUNE 25, 2002, AT RECEPTION NO. 799649,
COUNTY OF EAGLE, STATE OF COLORADO.
VIIIIIIIVIIIIIIIIIIIRIIIVIIINIIINIIIIIIII 8-0°~e
