HomeMy WebLinkAboutADM120005 41'AlL T�4fi1` 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: JAFFEE DUPLEX PLAT
Application Type: DupSubPl
ADM Number: ADM120005
Parcel: 2103-124-0200-6
Project Description: DUPLEX PLAT
Participants:
OWNER 1456 VAIL LLC 05/07/2012
PO BOX 745
VAIL
CO 81658
APPLICANT GREG PERKINS LLC 05/07/2012 Phone: 970-306-7554
710 W LIONSHEAD CIR STE B
VAIL
CO 81657
License: C000001762
Project Address: 1456 WESTHAVEN CR VAIL Location:
Legal Description: Lot: 3 Block: Subdivision: GLEN LYON SUB.
Comments:
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:
Vote: Date of Approval: 05/11/2012
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).
Planner: Bill Gibson DRB Fee Paid: $100.00
TOWN OF VAlt
Department of Community Development
75 South Frontage Road
Vail, CO 81657
Tel: 970 -479 -2128
www.vailgov.com
Development Review Coordinator
Administrative Application
Duplex Subdivisions `CANNED
General Information: The required approval for a duplex subdivision or resubdivision of an improved duplex lot and
structure wili 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 watsite at vvw4r.vailg_cv.corr.
Fee: $100
Recording Fees: Please visit the Eagle County website ham: / /vvww.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 CIerK and Recorder is required to be submitted once the plat has been approved by the Planning
and Environmental Ccmrnis6:3,z a:,d -. for to the recording of the plat.
Description of the Request: Duplex
Physical Address: 1456 Westhaven Drive, Vail, Colorado 81657
Parcel Number: 2103- 124 -02 -006 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.)
Property Owner: 1456 Vail LLC
Mailing Address: c/o Tom Jaffe, PO Box 745, Vail, Colorado 81658
Phone: (970) 477 -5783
Owner's Signature: 1456 Vail LLC By: l� Tom Jaffe, Manager
Primary Contact/ Owner Representative: Greg Perkins
Mailing Address: Gregory Perkins LLC, 710 W Lionshead Circie, Suite B, Vail, Colorado 81657
Phone: (970) 306 -7554
E -Mail: greg@gperkinslaw.com Fax: (866) 393 -9835 = ((? [E 0 W E I..1
MAY 0 3 201
3,os�M
MN OF VAIL_
For Office Use Only. Cash_ CC: v sa , il'iC Last 4 CC # Auth # Check # 4vv
Fee Paid: I r ?DAB Rece .-ec =rcm: \An rrr, i1 E_
Meeting Date: ADM No.: _ l4�
Planner: Project No:
Zoning: Land Use:
Location of the Proposal: Lot: _ B!ocv,: Subdivision:
01- Aug -11
PARTY WALL AND DUPLEX DECLARATION
WHEREAS, 1456 VAIL LLC, a Colorado 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 3N and Lot 3S, Glen Lyon Subdivision, a Resubdivision of Lot 3, according to the
plat thereof recorded in the Office of the Clerk and Recorder of Eagle County, Colorado
on , 2012 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 agreements
related to the use, ownership and occupancy of Lot 3N and Lot 3S and the improvements located thereon.
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 3N
Lot 3S
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 3N and the owner of Lot 3S. 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.
******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* * * * * * * * * * * * * * **
TOWN OF VAIL, COLORADO
Statement
******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* * * * * * * * * * * * * * **
Statement Number:R120000441
Amount: $100.0005/07/201204:17
PM
Payment Method: Check
Init: LC
JAFFEE
------------------------ - - - - --
--------------- --
Permit No:ADM120005
Type:
Administrative
Parcel No:2103- 124 - 0200 -6
Site Address:
1456 WESTHAVEN CR VAIL
Location:
Total Fees:
$100.00
This Payment: $100.00Total
ALL Pmts: $100.00
Balance:
$0.00
******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* * * * * * * * * * * * * * **
ACCOUNT ITEM LIST:
Account Code
Description
Current Pmts
-------------- - - - - -- - - --
--------------------------
PV 00100003112500
Administrative Fee
100.00
------------------------------
------------------------------
-----------------
(d) Each Lot shall be considered a separate parcel of real property and shall be
separately assessed and taxed.
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 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. All such common expenses shall be borne 50% by Lot 3N and 50% by Lot 3S. Expenses for
construction and future maintenance, replacement and repair of future common facilities shall be
allocated among the owners of the Lots as described above. Notwithstanding the above, if a utility is
separately metered but such service or any portion thereof is for the benefit of both Lot 3N and Lot 3S,
then the cost of such service shall be equitably adjusted between the owners.
Party Wall.
(a) 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 the party wall is located, for
party wall purposes, including maintenance, repair, and inspection; neither owner shall alter or change the
party wall in any manner, interior decoration excepted, and the party wall shall always remain in the same
location as when erected. The costs of maintaining the party wall shall be borne 50% by Lot 3S and 50%
by Lot 3N.
(b) In the event of damage or destruction to the party wall from any cause, other than
the negligence of either party, the current owners shall, at joint expense, repair or rebuild said wall to its
previous condition which specifically includes the previous sound transmission coefficient, and each
party, their successors and assigns shall have the right to the full use of said wall so repaired and rebuilt.
If either owner's negligence shall cause damage to or destruction of said wall, such negligent party shall
bear the entire cost of repair and reconstruction.
(c) Either owner shall have the right to make use of the party wall provided such use
shall not impair the structural support or the sound transmission coefficient of the party wall.
Alteration, Maintenance and Repair.
(a) If any improvement on Lot 3N or Lot 3S is damaged or destroyed, such damage
or destruction shall be promptly repaired and reconstructed by the owner of the Lot upon which the
damage or destruction occurred. 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 3N or Lot 3S shall be the sole expense of the owner of
said Lot except as modified by the provisions of this document 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
agent or invitee, shall cause damage to, or destruction of any improvement on any Lot, 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 which serve such Lot only.
(c) Utility or service connections, facilities or other utility equipment and property
located in, on or upon either of Lot 3N or Lot 3S which is used solely to supply or provide 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. The owner of such utility or service facilities or equipment shall
restore any disturbance to the surface of the other owner's lot or any landscaping, driveway, retaining wall
or other improvements whatsoever located therein as much as possible to their condition that existed
immediately prior to commencement of work on such other owner's lot within 10 days after completion of
the work.
(d) Drainage facilities located in, on or upon either of Lot 3N or Lot 3S which are
used solely to drain water from one Lot shall be owned by the owner of the Lot using such facilities 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 facilities for purposes
of maintenance, repair and inspection. The owner of such drainage facilities shall restore any disturbance
to the surface of the other owner's lot or any landscaping, driveway, retaining wall or other improvements
whatsoever located therein as much as possible to their condition that existed immediately prior to
commencement of work on such other owner's lot within 10 days after completion of the work.
(e) No owner shall make or suffer any structural or design change (including a color
scheme change or roof replacement), 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 owners will mutually agree on the timing and materials of any roof replacement so that the
roof for the improvements on both Lots is the same at all times. The improvements on both Lots shall
have a common color scheme, and all improvements on both Lots shall be painted and /or stained at the
same time, the color scheme and timing of any painting and /or staining to be determined by the owners of
both Lots jointly. Absent any agreement to a different schedule, the owners shall cooperate to have the
improvements within both Lots painted and /or stained at the same time every five (5) years commencing
on the date of recordation of this Declaration.
(f) 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 (e) 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 3S shall be
entitled to 60% of such zoning density or rights and Lot 3N shall be entitled to 40% 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.
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.
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 constructed on
any portion of any of the property at any time.
(b) No animals, livestock or poultry of any kind shall be raised, bred or kept on any
of said property, except that 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.
4
(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.
(e) An owner shall do no act nor 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.
(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 to be carried 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.
(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.
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 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.
6
(g) Each owner hereby agrees that any and all actions in equity or at law which 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.
(c) There is hereby created a blanket easement upon, across, over and under the
unimproved portion of each of the Lots outside the building footprint for the benefit of the owners of the
Lots, for ingress and egress, installation, replacing, repairing and maintaining all common property,
existing utility facilities and future utilities which serve both owners, 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.
Notwithstanding the foregoing, all such utility equipment, wires, circuits and conduits will be placed on
the Lot benefited thereby unless otherwise agreed by the owner of the other Lot, 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) Without limiting the generality of the foregoing paragraphs of this Section 10,
Declarant hereby grants to Lot 3S a perpetual, non - exclusive easement over and across that portion of Lot
3N identified on the Plat as "Sewer Service Easement Created By This Plat" for purposes of the
installation, maintenance, repair and replacement of a private sewer line that shall serve Lot 3S only (the
"Sewer Easement "). The owner of Lot 3S shall have the right to access the Sewer Easement for repairs,
maintenance and replacement of the sewer line improvements therein only after consultation and with the
express permission of the owner of Lot 3N, which permission shall not be unreasonably withheld,
conditioned or delayed; provided, however, that such prior permission shall not be required in the event of
a bona fide emergency (meaning a sudden and unforeseen situation that renders use of the interior sink,
tub, shower and toilet drains within the improvements located on Lot 3S inoperable). In any event, the
owner of Lot 3S shall undertake work in the Sewer Easement in a manner that is calculated to minimize
the disruption to the use and occupancy of Lot 3N, including access thereto, and to reduce the time
necessary to complete such work, as much as is reasonably possible under the circumstances. Within 10
days after completion of any work within the Sewer Easement, the owner of Lot 3S shall restore any
disturbance to the surface of Lot 3N and any landscaping, driveway, retaining wall or other improvements
whatsoever located thereon as much as possible to their condition that existed immediately prior to
commencement of work in the Sewer Easement.
H. 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.
(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 no response to
a submission is received by the requesting owner 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 3N or Lot 3S 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 3N or Lot 3S 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 3N or Lot 3S; 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 3N and Lot 3S.
(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.
(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 which 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 2012.
STATE OF
COUNTY OF
1456 VAIL LLC, a Colorado limited liability company
By:
Name:
Title:
)ss.
The foregoing instrument
, 2012, by
LLC, a Colorado limited liability company
Witness my hand and official seal.
My Commission Expires:
[SEAL]
was acknowledged before me this day of
as of 1456 VAIL
Notary Public
0
JOINDER OF LIENOR
The undersigned, beneficiary under the deed of trust recorded April 11, 2011, at Reception No.
201 106778 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
property 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.
COLORADO BUSINESS BANK
STATE OF )
ss.
COUNTY OF )
Name:
Title:
The foregoing instrument was acknowledged before me this day of 12011,
by as of COLORADO BUSINESS
BANK.
WITNESS my hand and official seal.
My commission expires:
[SEAL]
Notary Public