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HomeMy WebLinkAboutADM1100114 1 1 A IL TO �����OF ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970 - 479 -2138 fax: 970 - 479 -2452 web: www.vailgov.com Project Name: VICKERS DUPLEX SUBDIVISION Application Type: DupSubPl ADM Number: ADM 110011 Parcel: 2101- 071 - 1301 -9 Project Description: DUPLEX SUBDIVISION Participants: OWNER FOREST ROAD DEVELOPMENT LLC 11/14/2011 IN CARE OF NAME TRIUMP DEVELOPMENT 8120 WOODMONT AVE STE 800 BETH ESDA 20814 80210 APPLICANT FOREST ROAD DEVELOPMENT LLC 11/14/2011 IN CARE OF NAME TRIUMP DEVELOPMENT 8120 WOODMONT AVE STE 800 BETH ESDA 20814 80210 Project Address: 395 & 405 FOREST RD Location: Legal Description: Lot: 3 Block: 2 Subdivision: VAIL VILLAGE FILING 3 Comments: BOARD /STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 11/16/2011 Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond: CON0012319 The applicant shall revise the plat as follows: 1) Delete the building setbacks. 2) Delete the "Use" column from the Land Use Summary Table. 3) Add note #8: "The addresses on this plat are for reference purposes only. Please refer to the Town of Vail for updated addressing information." 4) Add note #9: "For zoning purposes, the two lots created by this subdivision are to be treated as one entity." Planner: Bill Gibson DRB Fee Paid: $100.00 Q I ment of Community Development 75 South Frontage Road TOWN OF VAII ` Vail, CO 81657 NOV 10 201 Tel: 970-479-2128 / www.vailgov.com Development Review Coordinator Administrative Application Duplex Subdivisions General Information: The required approval for a duplex subdivision or resubdivision of an improved duplex lot and structure will require town approval through the administrator, subject to review by other Town of Vail departments. No duplex subdivision shall be approved unless the lots are improved with at least foundations for both units existing at the time of submittal. Please see Section 13 -8, Duplex Subdivisions, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vailgov.com Fee: $100 Recording Fees: Please visit the Eagle County website http:// www. eaglecounty .us /clerk/publicRecords.cfm for the most up -to -date recording fees and check with your planner prior to submitting the payment. A check written out to the Eagle County Clerk and Recorder is required to be submitted once the plat has been approved by the Planning and Environmental Commission and prior to the recording of the plat. Description of the Request: DUPLEX SUBDIVISION Physical Address: 395 Forest Road, Vail, Colorado 81657 Parcel Number: 2101 -071 -13 -019 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: Forest Road Development, LLC Mailing Address: c/o Triumph Development, WO Woodmont Ave., Suite 800, Bethesda, MD 20814 Phone: 30Y-4D -11'2 Owner's Signature: MArl Primary Contact/ Owner Representatiyb: Greg Perkins Mailing Address: Gregory Perkins LLC, 710 W. Lionshead Cir., Ste B, Vail, Colorado 81657 Phone: 970-306-7554 E -Mail: greg @gperkinslaw.com Fax: 866-393-9835 For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check # �� 5 Fee Paid: 4 100.00 Received From: G"rwa Pe_4*_ LLC Meeting Date: ADM No.: ADM I \ om Planner: Project No: 9RS 1 o r 000 Zoning: Land Use: Location of the Proposal: Lot: Block Subdivision: V AI L VI GL A46 Fjj.ia)Q 3 01- Aug -II PARTY WALL AND DUPLEX DECLARATION WHEREAS, FOREST ROAD DEVELOPMENT, LLC, a Delaware limited liability company ( "Declarant "), is the owner in fee simple of the following described real estate, hereinafter "subject property", situate in the Town of Vail, County of Eagle and State of Colorado, to wit: Lot 3 -A and Lot 3 -13, Block 2, Vail Village Third Filing, a Resubdivision of Lot 3, according to the plat thereof recorded in the Office of the Clerk and Recorder of Eagle County, Colorado on 2011 as Reception No. (the "Plat "). WHEREAS, Declarant has constructed a duplex consisting of two (2) dwelling units on the subject property; and WHEREAS, Declarant wishes to provide for separate ownership of such units and certain separately owned property and for certain property to be held by owners of the dwelling units as tenants -in- common. NOW THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land described herein, shall be a burden and a benefit to Declarant, its successors and assigns, and any person acquiring or owning an interest in the real property which is described herein and improvements built therein, their grantees, personal representatives, heirs, successors and assigns. 1. Division of Real Property into Two Lots The subject property is, hereby and upon the recording of the Plat, divided into two parcels (individually, a "Lot" and collectively, the "Lots ") each consisting of the Lot designated with the corresponding letter, together with all improvements thereon and all easements and rights located thereon or appurtenant thereto as provided herein, as follows: Lot 3 -A Lot 3 -B such Lots being shown on the Plat. 2. Description of Lot (a) Each Lot shall be inseparable and may be leased, devised or encumbered only as a residence. (b) Title to a Lot may be held individually or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co -owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an "owner" with respect to the Lot in which he owns an interest. For the purposes herein, there shall be deemed to be only two owners, the owner of Lot 3 -A and the owner of Lot 3 -13. The parties, if more than one, having the ownership of each such Lot shall agree among themselves how to share the rights and obligations of such ownership, but all such parties shall be jointly and severally liable for performance and observance of all of the duties and obligations of an "owner" hereunder with respect to the Lot in which they own an interest. (c) Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument affecting a Lot may describe it by its Lot number and by reference to the Plat. (d) Each Lot shall be considered a separate parcel of real property and shall be separately assessed and taxed. 3. Landscaping and Service Facilities (a) Each owner shall be responsible for all landscaping and general outdoor improvements on his individual Lot and, except for any expense or liability caused through the negligence or willful act of the other owner, his family, agent or invitee, which shall be borne solely by such other owner, each owner shall pay all expenses, liabilities and general upkeep responsibilities with respect to such landscaping and outdoor improvements located in or on his own Lot. The character of the landscaping as initially installed on each Lot shall not be changed and new landscaping must conform to the existing landscaping except as otherwise mutually agreed upon in writing by both owners. The owner of one Lot shall not unreasonably or substantially adversely affect the value of the other Lot such as by poor maintenance and upkeep outside, and both owners shall make all reasonable efforts to preserve a harmonious common appearance of the Lots. No landscaping, trees or shrubs located on an owner's Lot shall unreasonably restrict the view corridor of the Lot of the other owner. (b) Common utility or service connections, common facilities or other common equipment and property, if any, shall be owned as tenants in common and, except for any expenses or liability caused through the negligence or willful act of any owner, his family, agent or invitee, which shall be borne solely by such owner, all expenses and liabilities concerned with such property shall be shared proportionately with such ownership. In general, and except as otherwise provided in this Declaration, all such common expenses, if any, shall be borne 60% by Lot 3 -A and 40% by Lot 3 -13. The designated owner shall notify the appropriate utility company and inform them of the common billing address. Where separate meters for measuring costs or expenses for such utility service are available, such cost shall be an individual expense and not a joint expense of the owners. Expenses for construction and future maintenance, replacement and repair of future common utility services to the subject property shall be allocated among the owners of the Lots as described above for replacement, repair and maintenance expenses of existing utilities. Notwithstanding the above, if a utility is separately metered but such service or any portion thereof is for the benefit of both Lot 3 -A and Lot 3 -13, then the cost of such service shall be equitably adjusted between the owners. OA 4. No Party Wall; Garage (a) No parry wall exists that separates the residences on the Lots; however, certain structural elements of the residences may benefit each other. Each owner of a separate Lot shall have a perpetual reciprocal easement in and to that part of the subject property owned by the other owner and on which any such common structural components are located, for structural support purposes, including maintenance, repair, and inspection; neither owner shall alter or change any common structural components in any manner and such common structural components shall always remain in the same location as when erected. (b) In the event of damage or destruction to any common structural components from any cause, other than the negligence of either party, the current owners shall, at joint expense, repair or rebuild said components to their previous condition, and each party, their successors and assigns shall have the right to the full use of said components so repaired and rebuilt. If either owner's negligence shall cause damage to or destruction of said components, such negligent party shall bear the entire cost of repair and reconstruction. (c) The garages, utility rooms and certain storage areas of each Lot are located within a common garage building structure, as depicted on the Plat with cross - hatching and identified as an area having "Above Ground Boundary Lines" (the "Garage Building "). The Garage Building is subdivided using horizontal boundaries, as well as vertical, in order to provide ownership of facilities on different floors of the Garage Building by the owners of Lot 3- A and Lot 3 -B. The structural components, exterior walls, exterior finished surfaces, floors and ceilings, and the roof of the Garage Building are common structural components as described in this Section 4 above (the "Garage Components "). For all purposes under this Declaration, the Garage Components shall be deemed to be a part of the residence located on Lot 3 -A, provided, however, that any and all reasonable and customary costs and expenses incurred by the owner of Lot 3 -A in performing any of its rights or obligations under this Declaration with respect to the Garage Components shall be shared equally by the owner of Lot 3 -13, and the owner of Lot 3 -13 hereby covenants and agrees to reimburse the owner of Lot 3 -A for any such costs and expenses within thirty (30) days after notice of same from the owner of Lot 3 -A. The owner of Lot 3 -A will provide reasonable evidence of any such reimbursable costs and expenses as a condition to the reimbursement obligation of the owner of Lot 3 -13 5. Alteration, Maintenance and Repair (a) If any improvement on Lot 3 -A or Lot 3 -13 is damaged or destroyed, such damage or destruction shall be promptly repaired and reconstructed by the owner of the applicable Lot. Repair and reconstruction means the restoration of the improvements to substantially the same condition in which they existed prior to such damage or destruction. The cost to repair and reconstruct any improvement on Lot 3 -A or Lot 3 -13 shall be the sole expense of the owner of said Lot except as modified by the provisions of this document regarding the Garage Components and otherwise, and without prejudice, however, to the right of any rule of law regarding liability for negligence or willful acts or omissions. Notwithstanding anything contained above to the contrary, if the negligence or willful act or omission of any owner, his 3 agent or invitee, shall cause damage to, or destruction of any improvement on any Lot (including the Garage Components), such owner shall bear the entire costs of repair or reconstruction. (b) Each owner shall be solely responsible for all maintenance and repair of the exterior and interior of his residence, including all fixtures and improvements and all utility lines and equipment located therein or in, on or upon his Lot, and serving such Lot only. (c) Utility or service connections, facilities or other utility equipment and property located in, on or upon either of Lot 3 -A or Lot 3 -13 which is used solely to supply a service or utility to one Lot shall be owned by the owner of the Lot using such utility or service and all expenses and liabilities for repair and maintenance shall be borne solely by the owner of such Lot who shall have a perpetual easement in and to that part of such other Lot containing such property for purposes of maintenance, repair and inspection. (d) No owner shall make or suffer any structural or design change (including a color scheme change), either permanent or temporary of any type or nature whatsoever to the exterior of his Lot or construct any addition or improvement on his Lot without first obtaining the prior written consent thereto from the other owner, which consent shall not be unreasonably withheld or delayed. The improvements on both Lots shall have a common color scheme, and all improvements on both Lots shall be painted at the same time, the color scheme and timing of any painting to be determined by the owners of both Lots jointly. (e) Where the owner of either Lot, in compliance with the other provisions of this Declaration, desires to build, renovate, excavate, improve or otherwise alter the structures or improvements located on his Lot, and where the owner has obtained the written consent thereto of the owner as provided in Subsection (d) above in this Section, the owner of the other Lot shall cooperate to the extent necessary to enable that owner to obtain any required building permit or similar permit or license. Notwithstanding anything contained herein, no owner may modify any improvement which would utilize more than the zoning density or other zoning rights available to such Lot. Lot 3 -13 shall be entitled to 40% of such zoning density or rights and Lot 3 -A shall be entitled to 60% of any such zoning density or rights. Any costs or expenses associated with a building or similar permit shall be the expense of the owner desiring said permit and shall not be a joint expense of the owners of both Lots. (f) In the event that either Lot, or fraction thereof, is taken by eminent domain or in condemnation, the owner of that Lot shall receive any sums payable with respect to such taking. In the event that both Lots, or any fractions thereof, are taken by eminent domain or in condemnation, the owners shall equitably divide any sums payable pursuant to such taking in proportion to the relative values of the Lots, or fractions thereof, taken with respect to the Lots. 6. Mechanic's Liens, Indemnification (a) Except for items incurred as a common expense as provided for herein, if either owner shall cause any material to be furnished to his Lot or any improvements made thereon or cause any labor to be performed therein or thereon, the other owner shall not under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished; all such work shall be at the expense of the owner causing it to be done, and such owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his Lot or any improvements therein or thereon. Nothing herein contained shall authorize either owner or any person dealing through, with or under either owner, to charge the Lot of the other owner with any mechanic's lien or other lien or encumbrance whatsoever; and, on the contrary (and notice is hereby given), the right and power to charge any lien or encumbrance of any kind against the other owner or the other owner's Lot for work done or material furnished to one owner's Lot is hereby expressly denied and prohibited. (b) Except as provided for in Section 9 below, if because of any act or omission of either owner any mechanic's or other lien or order for the payment of money shall be filed against the other owner's Lot or any improvements therein or thereon, or against the other owner (whether or not such lien or order is valid or enforceable as such), the owner whose act or omission forms the basis for such lien or order shall, at his own cost and expense, cause the same to be cancelled and discharged of record or bonded by a surety company reasonably acceptable to the other owner, within twenty (20) days after the date of filing thereof, and further shall indemnify and save the other owner harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees, resulting therefrom. 7. Use Restrictions (a) The Lots shall be used for residential purposes only as a permitted use, and conditional and accessory uses shall be as defined by the Town of Vail zoning ordinances. No structures of a temporary character, trailer, tent, shack, garage, barn or other out - building shall be used on any portion of any of the property at any time as a residence, either temporarily or permanently. (b) No animals, livestock or poultry of any kind shall be raised, bred or kept on any of said property, except that a total of two (2) household pets, including dogs, cats or other household pets, may be kept provided that they are not kept, bred or maintained for any commercial purposes and provided further that they do not unreasonably interfere with the quiet enjoyment of the other Lot by its owner. Any clean -up required or damage caused by an animal kept by an owner shall be the responsibility of such owner keeping the animal, and each owner indemnifies the other for any damage or injury to person or property caused by any animal kept by an owner. (c) No advertising signs (except one "For Rent" or "For Sale" of not more than three (3) square feet per Lot), billboards, unsightly objects or nuisances shall be erected, placed or permitted to remain on the subject property, nor shall any Lot be used in any way or for any purpose which may endanger the health or unreasonably disturb the owner or resident of the adjoining Lot. (d) All rubbish, trash or garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. All such expenses are the expenses of each individual owner, and are not a joint expense of the owners. 5 (e) An owner shall do no act or any work that will impair any easement or hereditament or do any act or allow any condition to exist which will adversely affect the other Lot. 8. Insurance. (a) Each owner shall keep his Lot and all improvements and fixtures located thereon insured against loss or damage by fire and extended coverage perils (including vandalism and malicious mischief) for the maximum appreciated replacement value thereof, and covering such other risks of a similar or dissimilar nature as are or shall hereafter customarily be covered with respect to similar properties issued by a responsible insurance company or companies authorized to do business in the State of Colorado. The insurance for each Lot shall provide that the policy cannot be cancelled or substantially modified until after thirty (30) days prior written notice is first given to each owner and each first mortgagee. If necessary or desired by the owners, the owners will obtain a joint insurance policy covering such matters as mutually agreed upon by the owners. The owner of Lot 3 -A will insure the Garage Components and may charge to the owner of Lot 3 -13 one -half of the portion of the insurance premium reasonably calculated to be attributable to the replacement value of the Garage Components. In order to assure that the improvements and fixtures on each Lot are property and fully ensured, it is recommended that the Owners place their insurance using a common insurance broker. (b) Each owner shall provide and keep in force for the protection of himself general public liability and property damage insurance against claims for bodily injury or death or property damage occurring in, on or upon his Lot and the improvements thereon, in a limit of not less than Five Hundred Thousand Dollars ($500,000.00) in respect to bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and if higher limits shall at any time be customary to protect against tort liability, such higher limits shall be carried and each owner shall name the other owner as an additional insured party under such policy. (c) Each owner shall deliver to the other owner certificates evidencing all insurance required under this Section upon reasonable request, each containing agreements by the insurers not to cancel or modify the policies without giving the other owner written notice of at least thirty (30) days. Each owner shall have the right to inspect and copy all such insurance policies of the other owner and require evidence of the payments of premiums thereon. (d) Nothing provided in this Section shall prevent the owners from jointly acquiring a single insurance policy to cover any one or more of the hazards required in this Section. Such premiums shall be apportioned according to the relevant coverage to each Lot. (e) Each owner may obtain additional insurance at his own expense for his own benefit provided that all such policies shall contain waivers of subrogation and, provided further, that the liability of the carriers issuing coverage of the Lots hereunder shall not be affected or diminished by reason of any such insurance carried by any owner. 2 (f) Insurance coverage on any personal property items stored within the improvements located on each Lot shall be the responsibility of the owner thereof. However, nothing herein shall be construed to require such insurance. 9. Enforcement (a) If an owner, at any time, shall neglect or refuse to perform or pay his share of any obligation required hereunder, the other owner may, but shall not be obligated to, after twenty (20) days written notice to the other owner unless the circumstances require immediate action, make such payment, or, on behalf of such other owner, expend such sum as may be necessary to perform such obligation, including but not limited to, the payment of any insurance premiums required hereunder for repair, restoration or maintenance, and such other owner shall have an easement in and to that part of such defaulting owner's Lot as is reasonably necessary for such repair, restoration or maintenance. (b) All sums so paid or expended by an owner, with interest thereon at the rate of eighteen percent (18 %) per annum from the date of such payment or expenditure, shall be payable by the owner so failing to perform (the "Defaulting Owner ") upon demand of the other owner. (c) All sums so demanded but unpaid by the Defaulting Owner shall constitute a lien on the Lot of the Defaulting Owner in favor of the other owner prior to all other liens and encumbrances, except: (i) liens for taxes and special assessments; and (ii) the lien of any first mortgage or first deed of trust of record encumbering such Lot. The lien shall attach from the date when the unpaid sum shall become due and may be foreclosed in like manner as a mortgage on real property. To evidence such a lien, written notice of the lien shall be prepared, setting forth the amount of the unpaid indebtedness, the name of the Defaulting Owner, and description of the Lot to which the lien shall attach. Such notice shall be signed by the owner in whose favor the lien shall be filed, and the lien shall be recorded in the office of the Clerk and Recorder of the County of Eagle. If an owner incurs costs or expenses in connection with the collection of sums expended by such owner, including any costs and expenses of recording a lien or those of any foreclosure or other collection proceedings, the Defaulting Owner shall be required to pay such costs and expenses, including reasonable attorney's fees. (d) The lien provided for herein shall be subordinate to the lien of any first mortgage or deed of trust, including all additional advances thereon. Sale or transfer of either Lot as the result of court foreclosure or a mortgage foreclosure through the public trustee, or any proceeding in lieu of foreclosure, shall extinguish the lien as to payments thereof which become due prior to such sale or transfer, but shall not relieve any former owner of personal liability therefor. The first mortgagee of such Lot who acquires title by way of foreclosure or the taking of a deed in lieu thereof shall not, however, be liable for any past due amounts and/or obligations due hereunder and shall only become liable for future amounts and/or obligations on the date it becomes the owner of such Lot. No such sale or transfer as described herein shall relieve such Lot from liability for any amounts and/or obligations thereafter becoming due or from the lien thereof. In the event of the sale or transfer of a Lot with respect to which sums shall be unpaid by a Defaulting Owner, except transfers to a first mortgagee in connection with a foreclosure of 7 its lien or a deed in lieu thereof, the purchaser or other transferee of an interest in such Lot shall be jointly and severally liable with the seller or transferor thereof for any such unpaid sums. (e) Upon written request of any owner, mortgagee, prospective mortgagee, purchaser or other prospective transferee of a Lot, the owner of the other Lot shall issue a written statement setting forth the amount he is owed under this Section, if any. Such statement is binding upon the executing owner in favor of any person who may rely thereon in good faith. Unless a request for such statement shall be complied with within fifteen (15) days after receipt thereof, all unpaid sums which become due prior to the date of making the request shall be subordinated to the lien or other interest of the person requesting such statement. (f) Each provision of this Declaration shall be enforceable by any owner by a proceeding for a prohibitive or mandatory injunction or by a suit or action to recover damages. If court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorney's fees. (g) Each owner hereby agrees that any and all actions in equity or at law that are instituted to enforce any provision hereunder shall be brought in and only in the courts of the County of Eagle, State of Colorado. (h) Failure to enforce any provision of this Declaration shall not operate as a waiver of any such provision, the right to enforce such provision thereafter, or of any other provision of this Declaration. (i) Any exercise of any right granted hereunder by one owner with respect to the other owner's Lot, including but not limited to, the use of any easement granted herein, shall be exercised in a manner which shall not unreasonably hinder, impede or impose upon such other owner's use and quiet enjoyment of his Lot. 10. Easements. (a) Each Lot shall be subject to an easement for encroachments created by construction, settling and overhang, previously existing or as designed and constructed by the Declarant or as a result of any addition or improvement pursuant to this Declaration. A valid easement for such encroachments and for the maintenance of same, so long as they exist, shall and does exist. In the event any improvement is partially or totally destroyed, and then rebuilt, the owners agree that minor encroachments of parts of an adjacent Lot due to construction shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist so long as the improvements shall stand. (b) Each Lot is subject to a blanket easement for support and a blanket easement for the maintenance of the residences and other structures or improvements presently situated, or to be built in the future, on the Lots. 8 (c) There is hereby created a blanket easement upon, across, over and under the unimproved portion of each of the Lots for the benefit of the Lots and the structures and improvements situated thereon, including the common structural components, for ingress and egress, installation, replacing, repairing and maintaining all common property and utilities, including, but not limited to, water, sewer, gas, telephone, cable television and electricity. Said blanket easement includes future utility services not presently available to the Lots which may reasonably be required in the future. By virtue of this easement, it shall be expressly permissible for the companies providing utilities to erect and maintain the necessary equipment on any of the Lots and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above, across and under the roofs and exterior walls of the improvements, all in a manner customary for such companies in the area surrounding the subject property. Notwithstanding the foregoing, all such utility equipment, wires, circuits and conduits will be placed on the Lot benefited thereby to the extent practicable, will be placed underground if possible, and to the extent practicable will be placed as close to the Lot line as practicable. Either owner shall have the right to relocate within his Lot any utility at his sole cost and expense. (d) The owner of Lot 3 -13 is hereby granted a perpetual, nonexclusive access easement for vehicular and pedestrian ingress and egress to and from Lot 3 -13 over and across that portion of Lot 3 -A identified as "Access Easement to Lot 3 -13" on the Plat (the "Access Easement "). The owner of Lot 3 -A shall bear the full cost of routine operation, maintenance and repair of the Access Easement and all improvements thereon, including the costs of snowmelting the Access Easement area, and the owner of Lot 3 -A shall maintain the Access Easement area free and clear of ice and snow at all reasonable and customary times during the year. However, the owner of Lot 3 -13 shall share equally in the costs of any replacement of the improvements in the Access Easement area, and shall be fully liable for the costs of any repair or replacement necessary as a result of the negligent or intentional act of the owner of Lot 3 -13 or its guests, tenants or invitees. (e) The area depicted on the Plat as "Joint Mechanical Area" is a concrete slab designed for the location of air conditioning equipment for the residences located on both Lots. Each owner shall have a right and easement to use the Joint Mechanical Area in a manner that is fair and equitable and which shall not preclude the use of the Joint Mechanical Area by the other owner for all similar uses. 11. General Provisions (a) Notice Each owner shall register its mailing address with the other owner and all notices or demands intended to be served upon owners shall be sent by certified mail, postage prepaid, addressed in the name of the owner at such registered mailing address. If an owner has not registered his address with the other owner, such other owner may deliver any notice to the address of the other owner on record with the Assessor of Eagle County, Colorado. In the alternative, notices may be delivered if in writing, personally to owners. Notices sent by certified mail shall be deemed received by the recipient three (3) business days after posted with the United States Post Office, and notices personally delivered shall be deemed delivered upon the date of receipt. W (b) No Response to Request Deemed Approval If an owner submits a request to the other owner for consent or approval in accordance with Section 5 hereof or for any other purpose, a response to such request by the other owner shall not be deemed unreasonably delayed if delivered to the requesting owner within thirty (30) days after the delivery of the request to such owner. If the requesting owner receives no response to a submission within thirty (30) days after the delivery of the request to the other owner, then the submission request by the owner shall be deemed approved. (c) Amendment or Revocation This Declaration may be amended or revoked at any time upon unanimous written approval in recordable form of all owners. The covenants and restrictions of this Declaration shall be amended or revoked only by an instrument which specifically refers to this Declaration and which is signed by each of the then existing owners. Any amendment and/or revocation so made must be properly recorded at the Office of the Clerk and Recorder of the County of Eagle, State of Colorado. (d) Effect of Provisions of Declaration Each provision of this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of this Declaration, and any necessary exemption or reservation or grant of title, estate, right or interest to effectuate any provision of this Declaration: (i) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any portion of Lot 3 -A or Lot 3 -13 is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (ii) shall, by virtue of acceptance of any right, title or interest in any portion of Lot 3- A or Lot 3 -13 by an owner, be deemed accepted, ratified, adopted and declared as a personal covenant of such owner and, as a personal covenant, shall be binding on such owner and his heirs, personal representatives, successors and assigns and shall be deemed a personal covenant to, with and for the benefit of each owner of any portion of Lot 3 -A or Lot 3 -13; and (iii) shall be deemed a real covenant by Declarant, for itself, its administrators, successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to each and every portion of Lot 3 -A and Lot 3 -13. (e) Severability Invalidity or unenforceability of any provision of this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration which shall remain in full force and effect. (f) Captions The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Declaration. (g) Construction When necessary for proper construction, the masculine of any word used in this Declaration shall include the feminine or neuter gender, and the singular the plural, and vice versa. (h) Governing Law This Declaration is made and executed under and in respect to, and shall be governed and construed by, the laws of the State of Colorado where the Lots are situated. 10 (i) Arbitration In the event a dispute of any kind or nature arises under this Declaration or pertaining to matters related to this Declaration between the owners of the Lots, the parties shall negotiate in good faith in an effort to resolve the dispute. If the dispute is not resolved following good faith negotiations, the owners shall select a mutually agreeable arbitrator and submit the dispute to such arbitrator for binding arbitration in Eagle County, Colorado within thirty (30) days under the appropriate Arbitration Rules of the American Arbitration Association. In the event the parties are unable to agree upon the arbitrator, the arbitrator shall be appointed in accordance with the rules and procedures of the American Arbitration Association. Arbitration of any dispute between the owners under this Declaration shall proceed even though there may be related disputes involving third parties that cannot be arbitrated, such as mechanics' lien claims, arising out of transactions involving the Owners. The arbitration award may be enforced in any court of competent jurisdiction in the State of Colorado, in accordance with the provisions of the Colorado Uniform Arbitration Act, Rule 109 of the Colorado Rules of Civil Procedure and/or any other statute or rule permitting an arbitration award to be enforced. IN WITNESS WHEREOF, the undersigned being the Declarant herein, has hereunder set his hand this day of , 2011. FOREST ROAD DEVELOPMENT, LLC, a Delaware limited liability company By: TRIUMPH FOREST ROAD MANAGER, LLC, a Delaware limited liability company, its Manager By:_ Name: Title: 11 STATE OF COUNTY OF The foregoing )ss. instrument was acknowledged before me this day of , 2011 by as of TRIUMPH FOREST ROAD MANAGER, LLC, a Delaware limited liability company, manager of FOREST ROAD DEVELOPMENT, LLC, a Delaware limited liability company. Witness my hand and official seal. My Commission Expires: [SEAL] Notary Public 12 JOINDER OF LIENOR The undersigned, beneficiary under the deed of trust dated , recorded at Reception No. , in the office of the Clerk and Recorder of Eagle County, Colorado (the "Deed of Trust "), as such Deed of Trust may be amended and supplemented from time to time, for itself and its successors and assigns, approves the foregoing Party Wall and Duplex Declaration, affecting all or a portion of the Lots encumbered by the Deed of Trust, and agrees that no foreclosure or other enforcement of any remedy pursuant to the Deed of Trust shall impair, invalidate, supersede or otherwise affect the covenants, conditions, restrictions and easements established by this Party Wall and Duplex Declaration. US BANK NATIONAL ASSOCIATION Name: Title: STATE OF COLORADO COUNTY OF ) ss. The foregoing instrument was acknowledged before me this 2006, by as Association. WITNESS my hand and official seal. My commission expires: [SEAL] _ day of , of US Bank National Notary Public stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Date: June 30, 2011 Order Number: 948141 Buyer: Seller: Forest Road Development LLC Property 395 Forest Road, Vail, CO 81657 Please direct all Closing inquiries to: SELLER: Forest Road Development LLC c/o Truimp Development 8120 Wood Mont Ave., Ste. 800 Bethesda, Maryland 20814 Wear,Travers & Perkins, PC Attn: Greg Perkins 1000 S. Frontgage RD., W Ste 200 Vail, Colorado 81657 Phone: Vail Division 97 Main Street, Suite W -201 Edwards, Colorado 81632 Phone: 970-926-0230 Fax: 970-926-0235 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by Swart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: f 4MjY4gd- Auiho6Ze11 Countemipn#';r Stewart Title Vail Division 97 Main Street, Suite W -201 Edwards, Colorado 81632 Phone: 970-926-0230 Fax: 970-926-0235 stewart title guaranty company lE Cp r., 1908 Senior Chairman oft the Board Chairman of the Board Order Number: 948141 ALTA Commitment (6/17/06) Title Officer: Melanie Lang COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: June 23, 2011, at 8:00 a.m. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (b) A.L.T.A. Loan Order Number: 948141 Title Officer: Melanie Lang Amount of Insurance: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: Forest Road Development, LLC, a Delaware limited liability company 5. The land referred to in this Commitment is described as follows: Lot 3, Block 2, VAIL VILLAGE — THIRD FILING, According to the recorded plat thereof COUNTY OF EAGLE, STATE OF COLORADO. Purported Address: Statement of Charges: 395 Forest Road These charges are due and payable before a Policy can Vail, Colorado 81657 be issued: Search Fee: $100.00 COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 948141 The following are the requirements to be complied with: NONE NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 948141 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded in Book 93 at Page 98 reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 11. All matters shown on the plat of Vail Village Third Filing recorded March 25, 1963 as Reception No. 97200 12. The Protective Covenants for Vail Village Third Filing recorded in Book 174 at Page 575 as Reception No. 97198. 13. Easement granted to Vail Water and Sanitation District and Gas Facilities Inc. recorded in Book 192 at Page 339 14. Any and all existing leases and tenancies. 15. All matters shown on the Drawing by Resort Design Architects, dated November 12, 2009. 16. A Deed of Trust dated July 15, 2010, executed by Forest Road Development, LLC, to the Public Trustee, to secure an indebtedness of $6,300,000.00 in favor of U.S. Bank, National Association recorded July 28, 2010 as Reception No. 201014828 17. Notice by Disburser recorded July 28, 2010 as Reception No. 201014829 DISCLOSURES Order Number: 948141 Note: Pursuant to C.R.S. 10 -11 -122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the Count\ treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single - family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and /or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10 -11 -123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal infomration. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V ofthe Gramm- Leach - Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business --to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. For our everyday business purposes— to process your transactions and maintain your How often do the Stewart Title Companies notify me account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and Yes No legal investigations. To protect your personal information from unauthorized access and use, we use security No For our marketing purposes to offer our products and services to you. Yes For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes information about your transactions and . request insurance- related services experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates may include companies with a Stewart Yes No name; financial companies, such as Stewart Title Company lender involved in your transaction, credit reporting agencies, affiliates or other companies. NN hat sharing can 1 limit? No We don't share For our affiliates' everyday business purposes— information about your creditworthiness. Yes No For our affiliates to market to you No We don't share For non - affiliates to market to you. Non - affiliates are companies not related by common ownership or control. They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a non- affiliate, such as a third party insurance company, we will disclose your personal information to that non - affiliate. [We do not control their subsequent use o f inf and suggest you refer to their privacy notices.] How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use security personal information? measures that comply with federal and state law. These measures include computer. file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? . request insurance- related services • provide such information to us We also collect your personal infomration from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. NN hat sharing can 1 limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Private Officer, Houston, Texas 77056 Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.or . S - EeWar t title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Shelley Bellm From: Bill Gibson Sent: Wednesday, November 16,20111:51 PM To: 'greg @gperkinslaw.com' Subject: ADM110011 - Duplex Subdivision, Forest Road Development LLC Attachments: ADM110011.pdf Hey Greg, The Community Development Department has reviewed the recently submitted duplex subdivision application for 395 & 405 Forest Road. This application is approved with conditions. The proposed plat must be revised as follows: • Delete the building setbacks. • Delete the "Use" column from the Land Use Summary Table. • Add note #8: "The addresses on this plat are for reference purposes only. Please refer to the Town of Vail for updated addressing information." • Add note #9: "For zoning purposes, the two lots created by this subdivision are to be treated as one entity." Sincerely, Bill Bill Gibson, AICP Town Planner Community Development T OWN 1 970.479.2173 970.479 -2452 fax vailgov.com twitter.com /vailgov 1