HomeMy WebLinkAboutbocc.con.055.1973. C o~~'.~cT' ~ Oss -1 g ~ 3
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INiPROVEMENT ~'~CREF.P~IENT
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THIS AGREENIEi~IT, I~Iac.e and entered into this JD ~
da~~ of December, 1973, by and be~ween TIMBERLINE ASSOCIATES,
a Colorado Limited Partn~rship, and PITKIN COUNTY, State of
Colorado:
W I T N E S S E T FI :
I.
RECITALS
1.1. TIbIBERLINE ASSOCIATES has fi.led with the County
Commissioners for Pitkin County, for their final approval, a
Conclominium Map ~or Timberline Lodge Condominiums, al]. pursuant
to Subdivision Regulations of Pitkin County.
1.2. By reason of the coiistruction of Timberline Lodge,
surface drainage problems may occur, from time to time, which
may cause pollution to Brush Creek. ~
1.3. TIMBERLINE ASSOCIATES desi.res to assist in re-
ducing any potentia.l. pollution of F3rush Creek caused by con-
struction of the building on the property included in the Condo-
minium Map for Timberline Lodge Condominiums.
II.
BASIC AGREEMENT
2.1. TINIBERLINE ASSOCIATES agrees tha~ it shall, at
its sole expense, cause a surface drainage study to be conducted
by a licensed soils engineer, covering the property referred to
in the Condominium Map for Timber_line Lodge Condominiums.
2.2. In the event that such study discloses any de-
ficiency in the present surface drainage system For the property
which results from the construction of the Timberline Lodge
Condominium Building, TIMBERLINE ASSOCIATES agrees that it
` shall, at its expense, perform such work as may be specified
in the drainage study which may be reasonably required to remedy
such deficiency.
l.
2.3. TIr1BERLINE ASSOC'IATES agrees ttiat the above work
shall be completed prior to July 1, 1974.
. ~; .
2.4. Tn order to c?uarantee the performance by
TIMBERLINE ASSOCIATES of the cov~nants contained in Paragraphs
2.1, 2.2 and 2.3 above, TIMBERLINE ASSOCIATES agrees that it
shall, prior to recording the Condominium Map of Timberline
Loc~ge Condominiums, deliver to PITKIN COUNTY either cash or
good and sufficient corporate surety bond in the principal sum
of $2,000.00, conditioned upon satisfactory completion uf the
above-described work prior to ,7uly l, 1974. If cash is initially
depos~ted to guarantee such performance, such may be withdrawn
upon substitution of a corporate surety bond as above-described.
IN WIZ'NESS WHEREOi', the foregoing Agreement has been
executed as of the day and yeUr first above mentioned.
TIMBERLINE ASSOCIATES,
a Colorado Limited Partners:~ip
BY ~ ~ ~/V ~-~-.-_
General Partne
c
PITKIN COUNTY, COLORADO, by and
through its Board of County
Commissioners
By •
Its Chairma
,
2.