HomeMy WebLinkAboutC84-001 Final Platt Approval_Neumayr_Brown Subdivision File No. SU-220-84-FV --
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30fINNETTE PHILLIPS!,
(_AGLE GTY. RECORDER
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO23 954 AM 904
AND
NEUMAYR/BROWN
IN RE THE MATTER OF FINAL PLAT APPROVAL
OF THE NEUMAYR/BROWN SUBDIVISION - FILE
NO. SU-220-84-F
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THIS AGREEMENT, made and entered into this a��day of
February, 1984, by and between RUDOLF F. NEUMAYR and RONALD E.
BROWN, hereinafter referred to as "Neumayr/Brown," and the BOARD
OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF
COLORADO, hereinafter referred to as the "County."
W I T N E S S E T H:
WHEREAS, Neumayr/Brown desire to purchase and develop
an approximate four (4) acre parcel of land generally located
between the Colorado River and State of Colorado Highway No. 6
at Dotsero, County of Eagle, Colorado, and more particularly
described in Exhibit "A" attached hereto and incorporated herein
by this reference, hereinafter referred to as the "Property";
and
WHEREAS, the Property is presently located within the
County's commercial general zone district which allows a variety
of commercial uses thereon as identified in Section 2.06.10 of
the Eagle County Land Use Regulations, 1982, as amended; and
WHEREAS, Neumayr/Brown intend at the present time to
construct on the Property a woodworking shop and general
construction workshop/storage yard as more specifically
identified in the preliminary plan application submitted by
Neumayr/Brown in File No. SU-220-83-P; and
WHEREAS, in order to develop the Property as a separate
parcel of land, Neumayr/Brown are required to obtain final
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subdivision approval from the County in accordance with the
Eagle County Land Use Regulations, 1982, as amended; and
WHEREAS, pursuant to Section 2.20(2)(b) of the Eagle
County Land Use Regulations, 1982, as amended, when a proposed
subdivision is located in an area serviced by an existing County
road and the County determines that the traffic generated by
such subdivision will result in safety hazards for vehicle
drivers, pedestrians and/or adjacent residents, or will result
in substantially increased maintenance costs to the County, the
County is empowered to determine the amount of work necessary to
bring the affected County road to acceptable standards to
provide adequate safe service to present owners, to the proposed
subdivision and to other probable subdivisions, if applicable,
and to develop a cost sharing program between the County and the
Subdivider to bring such road up to an acceptable safe
condition. The Subdivider shall then submit to the County an
off -site road improvements agreement which shall set forth the
plan, method and parties responsible for the construction of the
required off -site public road improvements together with
collateral, which in the judgment of the County is sufficient to
make reasonable provision for the completion of those improve-
ments required by the Subdivider in accordance with design and
time specifications; and
WHEREAS, the County has determined that the traffic
which will be generated by the uses presently proposed by
Neumayr/Brown will not, in the near future, result in safety
hazards nor substantially increased maintenance costs to the
existing County right-of-way adjacent to the Property and more
particularly described in Book 106 at Page 5 of the Eagle County
real property records, hereinafter referred to as the "County
Road"; and
WHEREAS, the County has further determined that any
increased use of the Property over and above what is presently
contemplated, either through the addition of new uses and/or
through an intensification or expansion of the presently
proposed uses, could result in unsafe road hazards and/or
increased maintenance costs to the County Road; and
WHEREAS, as a condition of final subdivision plat
approval, Neumayr/Brown desire, by and through this agreement,
to adequately address the County's concerns in the event the
Property is further developed.
NOW, THEREFORE, in consideration of the premises and
covenants and agreements herein contained to be kept and
performed by the parties hereto, it is hereby understood and
agreed as follows:
1. The County hereby agrees to approval of the final
plat of the Neumayr/Brown subdivision, File No. SU-220-84-F,
subject to the terms and conditions of this agreement, and
further, subject to those verbal and written representations
and statements made by Neumayr/Brown throughout the
subdivision process which are not inconsistent with the
provisions of this agreement.
2. Neumayr/Brown hereby represents and agrees to use
and develop the Property in its entirety for: 1) the
construction of a building not to exceed a total of 22,000
square feet to be used for a woodworking shop; and 2) a
general construction workshop/storage yard, as the same are
identified and described in detail within the preliminary
plan application submitted by Neumayr/Brown in File No.
SU-220-84-P.
3. Any proposed deviation, modification, revision, or
amendment by Neumayr/Brown to the agreements made herein, or
to the land uses approved by the County herein, which would
increase, expand or intensify the land use of the Property
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shall require a further review by the County for compliance
with the County's land use regulations then in effect. For
purposes of this Paragraph 3, a change in land use requiring
further County review includes, by way of example only, the
expansion of an approved land use, the enlargement of the
approved building to exceed 22,000 square feet, or the
addition of a new land use.
4. Notwithstanding the foregoing, in the event an
additional land use is requested than what has been
approved, or if traffic generated by the Property escalates
to 100 vehicles per day or more, Neumayr/Brown shall submit
for the County's approval a road study identifying those
off -site road improvements required to upgrade the County
Road to a safe condition consistent with applicable County
road standards then in effect and to mitigate those
increased road maintenance costs incurred by the County as a
result of such additional development. Based upon such
approved road study, an off -site road improvements agreement
shall be developed between the County and Neumayr/Brown as a
condition of the County's approval of any further land use
development upon the Property.
5. Prior to any additional land use development of the
Property than what has been approved herein, Neumayr/Brown
shall provide evidence to the satisfaction of the County
that water, sewer and other required utilities are readily
available to the Property for such additional land use.
6. Neumayr/Brown hereby agree to indemnify and hold
harmless the County, and any of its officers, agents, and
employees against any losses, claims, damages or liabilities
to which the County or any such of its officers, agents, or
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employees may become subject to, insofar as any such losses,
claims, damages or liabilities (or actions in respect
thereof) that arise out of or are based upon any performance
by Neumayr/Brown hereunder; and Neumayr/Brown shall
reimburse the County for any and all legal or other expenses
reasonably incurred by the County in connection with
investigating or defending any such loss, claim, damage
liability or action. This indemnity provision shall be in
addition to any other liability which Neumayr/Brown may
have.
7. It is mutually agreed, pursuant to the provisions
of Section 30-28-137(3), C.R.S., that the County shall have
the authority to bring an action in any district court to
compel the enforcement of this agreement on the sale,
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�J\ conveyance oX transfer of the Property, or of any portion or
interest thereof. Such authority shall include the right to
compel rescission of any sale, conveyance, or transfer of
the Property, or of any portion or interest thereof,
contrary to the provisions of this agreement or any
restrictions set forth in the plat or in any separate
recorded instrument.
8. The parties hereto mutually agree that this
agreement may be amended from time to time, provided that
such amendment be in writing and signed by all parties
hereto.
9. Neumayr/Brown shall not assign, transfer, convey,
pledge, sublet or otherwise dispose of this agreement
without prior written consent of the County.
10. This agreement shall inure to the benefit of and be
binding upon the parties hereto, their respective
successors, heirs and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the date first above written.
COUNTY OF EAGLE, STATE OF COLORADO
A By and Through its
2' �T,5�'T;; �` '•.,M BOARD OF COUNTY COMMISSIONERS
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By:
:a�'s �:r• t e oar of
W. Keith Troxe , Clyfiirman
y,Commissioners
NEUMAYR/BROWN
By:
Ronald E. Brown
P.O. Box 1064
Vail, Colorado 81658
By:
RudolfJF-.v Ne y r
P.O. Box 2238
Vail, Colorado 81658
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STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing Agreement was acknowledged before me
this a�"'t"'day of February, 1984, by Ronald E. Brown.
WITNESS my hand and official seal.
My Commission Expires: DEC. 1G1 195�
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STATE OF COLORADO )
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COUNTY OF EAGLE ) c•'. ,�`�':
The foregoing Agreement was acknowledged before
this of February, 1984, by Rudolf F. Neumayr.
WITNESS my hand and official seal.
My Commission Expires: beC. 16 196
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Notary Public
Address: 3(o f}/ L t,7r)p �P. D. 66 )( 1 z
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