The URL can be used to link to this page

Home My WebLink AboutRucksack Signed Settlement Agreement1 DISTRICT COURT EAGLE COUNTY, STATE OF COLORADO 855 Chambers Ave; P.O. Box 597 Eagle, Colorado 81631 Plaintiffs: MARTIN J. MULLALLY CREDIT TRUST; and others • COURT USE ONLY • Defendants: JEFFREY B. SELBY, and others Case Number: 08-CV-217 Attorney for Plaintiffs: Jeffrey A. Hyman #1215 jhvman arlohlshaiman.com Lohf Shaiman Jacobs Hyman & Feiger PC Div.: 2 Ctrm.: 950 South Cherry Street, Suite 900 Denver, Colorado 80246 Phone No.: (303) 753-9000 Attorneys for Defendants: James S. Bailey, Jr., Esq. Randall M. Livingston, Esq. livingston@b-p-law.com b-p-law.com Bailey & Peterson, P.C. 1660 Lincoln Street #3175 Denver, Colorado 80264 Telephone: 303- , Attorneys for Defendant Jeffrey B. Selby: Peter H. Doherty #18770 phd @omhdlaw.com Lindsey W. Jay #34091 lwj@ omhdlaw.com OVERTURF McGATH HULL & DOHERTY, P.C. 625 E. 16th Avenue, Suite 100 Denver, Colorado 80203 Telephone: 303-860-2848 STIPULATION FOR SETTLEMENT The parties, hereby agree and stipulate to the following: 1. Presidency of the HOA shall be for three-year term. Selby resigns as the President effective immediately and agrees to not serve as the President for two consecutive three-year terms. Margo Mullally, or Jeff Swail, or Yvonne Mullally shall be the President for the first three-year term. 2. The governance of the Association will be pursuant to the Association documents that existed through and including April 4, 2008, including the September 29, 2007 resolution, and excluding the July 16, 2007 resolution. The condominium documents addressed on April 5, 2008, prepared by James Serven, and modified by Jane Harm and James Serven will serve as a working draft of the new condominium documents. The governance of the Association will be based on a per unit 67% majority based on there being 6 units total in the Bridge Street Building. In other words, governance will require the consent of at least one of units R-1 or R-2. Within 45 days of the date of this agreement, the parties shall adopt amended condominium governance documents, including an executed condominium map consistent with this agreement for recording in the Eagle County real estate records. 3. R-1 shall be allowed to expand its unit up to the 250 square feet permitted by TOV ordinance, and Defendants agree to not object to any expansion plan or application consistent herewith. The parties adopt and incorporate the signed drawings attached hereto as Exhibit 1. Defendants agree that R-1 and R-2 can expand their respective units 18 inches of inside dimensions on the North from an area generally beginning at the west end of the bedroom in unit R-1 east to the west edge of the fire place in unit R-1. All costs of the expansion shall be borne by the Plaintiffs. 4. R-2 shall be allowed to expand as depicted on Exhibit 1. The nine-foot expansion to the North, above the Burton Building, shall be measured by the interior wall. 5. Plaintiffs can retain a different architect to design the expansion. Defendants agree to approve any plans submitted by unit R-2's owner to TOV consistent with Exhibit 1. The owner of unit R-2 shall bear all expense of design and construction of such expansion. 6. The HOA will hire an expert mutually agreeable to the parties to determine the best "commercially reasonable" manner to mitigate the noise, vibration, and air flow from the chiller in its current location to bring the building to as close to pre-chiller condition as possible. Defendants will advance to the HOA the cost of the expert. The expert will determine the vantage point or points from which to measure noise, vibration and air flow to be mitigated. Defendants will pay up to $40,000 to cover the mitigating costs of the chiller; if the cost is more than $40,000 it will be paid by HOA in a proportion determined by the current square footage of each unit. Chiller shall be mitigated with two compressors on; after mitigation has been decided, the parties agree that one compressor can be turned off. 7. Plaintiffs intend to apply to the TOV for permission to construct an elevator for their two units. Defendants agree to not oppose any application made to TOV, including any 2 of 5 application based on hardship relating to Yvonne Mullally's age, and/or any family or child related issue for the Margo Mullally/Swail family. Plaintiffs agree to attempt to first locate the elevator installed at the southeast corner of the Bridge Street Building. The Association agrees to give Plaintiffs some of the space of the current trash room on the east side of the Building to use for the elevator, if needed. Plaintiffs agree to pay all costs associated with application for, and construction of, the elevator. 8. The second level balcony facing Bridge Street shall be a limited common element for the benefit of unit C-3 from the north edge of the south pillar north to the end of the balcony. The allocation of limited and general common elements for the remainder of the deck on the second level deck shall be as described on the map attached hereto as Exhibit 1. 9. The parties to this litigation hereby mutually release all other parties, their employees, attorneys, and insurers from any and all claims that were asserted, could have been asserted, or arising out of, or connected to, the above-captioned litigation. 10. The parties shall enter into a written mutual release in a form acceptable to counsel within five days of the date of this agreement. Jeffrey B. Selby and Bridge Street Building, LLC and West American Insurance Company hereby mutually release any and all claims and contractual rights that may exist arising out of or relating to the claims asserted in the above-captioned litigation. 11. Defendants shall pay Plaintiff$220,000.00 to Lohf Shaiman Jacobs Hyman & Feiger PC to be held in trust until the adoption of the documents and recording as applicable, identified in paragraph 2 above, within fifteen days of the date hereof. 12. This action shall be dismissed with prejudice, each party to pay his or its attorney's fees and Court costs. The Court shall retain jurisdiction only for purposes of enforcing this agreement. 13. The Plaintiffs authorize Jeffrey B. Selby as President of the Rucksack Condominium, Inc., to sign this agreement on behalf of Rucksack Condominium, Inc. Dated: September 14, 2010. Respectfully submitted, MARTIN J. MULLALLY CREDIT TRUST YVONNE MULLALLY SURVIVORS TRUST By:yi ovuo }4(( 4L'1 uta. By: Margo Mu tally onne Mullally 3 of 5 WILLIAM A. GARDINER a . THE RUCKSACK CONDOMINIUM, INC. DEBORA • . GARDI►.E By�� B �//A�ID�1.�Z. / William A. Gariiner - fr.y el of `r-.f:eit BRIDGE STREET BUILDING, LLC Oy ( ely, Mana_in ' e bet OF-I 4.144,14" ../// .■[../ '`Y :/SEL '' WEST AMERICAN INSURANCE COMPANY i B : : M LL rend ■ dm.,n' 4 of 5 APPROVED AS TO FORM: LOHF SHAIMAN JACOBS HYMAN & FEIGER PC BAILEY & PETERSON, P.C. Stephen E. Kapnik, Esq. Randall M. Livingston, r sq. Attorneys fog° Plaintiffs Attorneys.for Defendan s OVERTURF MCGATH HULL & DOHE' ' ', P.I. By: Peter H. Do - : �;�q. Attorneys,for Defendant Selby APPROV D BY THE COURT: F'EDERICK G DISTRICT COURT . I . 5of5 ,. Z 1 i .1 0 . . bo, — ,.-Ik ,... , , t t 5- 1,1 b,• g. , ‘ ..., , I .. —,- ___—_,__ _19 st■ Al§ 1 ," 'L-'71 C _ c, .. . . .-... 1 ..., , 1i,. - 11 - - -- 1_1,1 ID 0 3,_ k ": Cl) 1 ii 1 i 1 (..., ..., i I ,,,,..d , '.__J , r,,(44 . 1 / ,,,,,,:1 ' • •-• Z6VC6 Ci. ,-.1 •-• ,-, V,' r t ,--) ■--■ z,-.-, ---. tg H 8 4.g ri J 'g 1 0 0 o 2 7, H 5.: U i 17c i 4 z u cn 4, . it. .„ ,1 _.„- 0:7--- ii-`) 4.1 e'l - ■ 1 'i.-- f..6 Q (X) D 6 0 UIIIIr 'Mg 4 , L %:111111111.1110 : ,, If Lu o co z ,C,g1 ' ,— i ,., ,.;-., . c! w .1 z (:i. E..i. _ E 02 1 -" .3 Irr- F--, Cf) cn - --- , ,„ _I@ 6 - ' _ II T: LI.1 m 0 • g," (...D D '-'1 [-■-• . if21 LT, '6 2 /, AI : a 1 ,y, 1 .., i I il " 0 . , . s ., .. .. 4.1 ... H .. - 3,,, = tz • ''' I -----"---.1„-----; L, , _ H , •.- i , j-L• ........... \::'t 1 i 1"" .. 1.'" •- ,'.,• '1' .`f,, 5 g I E to •• 'I (i) @ c, r7,,1 , 1 6 .0. , I a 1 0 5. , , 3 , . . gE AT W t 2it. 1 ....; ,... 0.1 0 1 '''i.,,',,_'''''7',;.--.4.,;•:--,--'4,;. ,,.‘,4"3,,z.-ritf...',i la. a4,,, ':•:Wfti.--,,,,,,laf$4,k7-Ws:-Ittie,'ZV-/ ■