HomeMy WebLinkAboutbocc.con.307.2012 (�D�(ILt GC r�iGu v� ��s a/rr�iae1 �-�'u�-�C�r;
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RECEPTION#: 594539, 12/06/2Q12 at
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1 OF 5, R $0.00 Doc Code AGREEMENT
Janice K.Vos Cauciilt, Pitkin County, CO
INDEMNIFICATION AGREEMENT
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THIS AGREEMENT is made as of Alov����'2012 (this "Agreement"),
by and befinreen GOV'T 33 LLC, a Colorado iimited liability company, having an
address c/o Manson Karbank Burke, 604 West Main Street, Aspen, Coforado
81611 ("Indemnitor"), and BOARD OF COUNTY COMMISSIONERS OF PiTKIN
COUNTY, COLORADO, having an address of 530 East Main Street, Aspen,
Colorado 81611 (the "County").
W-I-T-N-E-S-S-E-T-H:
WHEREAS, the Board of County Commissioners of the County approved
and adopted that certain "Resolution of the Board of County Commissioners
of Pitkin County, Colorado, Finding a Taking and Remediating the Taking
for the Tlmroth LLLP Property (Government Lot 33)", also known as
Resolution No. 006-2005, dated January 12, 2005 (the "Resolution") and
recorded February 2, 2005 as Reception No. 506909 in the real estate records of
Pitkin County, Colorado; and
WHEREAS, the Resolution concerns development rights for the real
property legally described on Exhibit A annexed hereto (the "Property"); and
WHEREAS, Section 4D of the Resolution provides that as a condition of
the approvals granted in the Resolution, the owner of the Property must
indemnify the County against certain losses arising from the development work
on the Property; and
WHEREAS, Indemnitor is the Property's current owner and is the
successor in interest to the "applicant" named in the Resolution, and Indemnitor
desires by this Agreement to indemnify the County as provided in Section 4D of
the Resolution.
NOW, THEREFORE, in consideration of the approvals granted in the
Resolution, Indemnitor and the County hereby agree as follows:
1. Indemnity. Indemnitor hereby agrees to indemnify, protect, and hold the
County harmless from and against any and all liability, losses, damages,
claims, demands and costs (including reasonable attorney's fees), arising
from rockfall or mudslides emanating from the Property, or from any other
natural hazard arising from sitework or other development work on the
Property pursuant to the Resolution.
11.21.12 MKB
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2. Term. The indemnity contained herein shall be effective from the date
hereof through the date which is two (2) years after the issuance, by the
County, of a final certificate of occupancy for the home to be built,
pursuant to the restrictions and approvals contained in the Resolution, on
the Property.
3. Covenant Runninq With The Propertv; Successors and Assiqns. This
Agreement shall be deemed a covenant running with the Property and
shall be binding on and inure to the benefit of the parties' respective
successors and assigns.
IN W/TNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first above-written.
GOV'T 33 LLC
BY� —
Neil D. Karbank, Authorized Agent
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
By: C � � ��.�,� ��;. �. ��
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ATTEST: BOARD OF COUNTY COMMISSIONERS �
' �I �t��G(� - '�
By . �.. �� By:
Jeane Jones Michael M. Owsley, hairman
Depu� County Cler
Date: /� -�`,�Ol.fi
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
On this 30th day of November, 2012, before the undersigned, a Notary Public in
and for said County and State, personally appeared NEIL D. KARBANK and
acknowledged to me that he executed the same in his capacity as an authorized
agent of Gov't 33 LLC, a Colorado limited liability company, as the act and deed
of such company.
IN WITN WHEREOF, I have hereunto set my hand and affixed my official
seal the a a d year in this certificate first above written.
Notary Public within and for said County and State
My commission expires r i �-s \�aNq D : � �.
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EXHIBIT A
Legal Description
All of Lot 33, in Section 7, Township 10 South, Range 84 West of the
6th Principal Meridian, all in Pitkin County, Colorado.
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