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Home My WebLink AboutVAIL LIONSHEAD FILING 1 BLOCK 1 LOT 3 LIONSHEAD ARCADE UNIT 302 LEGAL.pdfo OF I APPROVAL pRopo sED TMPROVtrMENTS, MATNTENANCE ANI) INDEMNITY AGREEMENT THIS AGREEMENT' is made and entered into this 5 day of Jul-y ,19:l_, try Sori-lpgs4la ("orvner'r) whosc arldress(es) are (l) f, io3 tiomi c r .l-@lz the registere d-agcnt and olfice of the Associatic,rr as maintained at the office of the Colorado Secretary of State, and Lio'shead Arcade Conrlominium nunaing@ whose addresses are (1) P.o. Box 9, vtril, co gl{iSg;Attnr rlt williarns, ano- 1z; in care oi RECITALS . (a.) , The Association is the Association narned and referred to in the Corrdominium Declaration for Lionsheacl Arcade Condominiurn Building, recorded in rgTzin the records of the clerk and Reccrrder of Eagle county, cororado g-necrar"ii"n;1, -t - -- -"- :--*-- -- (2) (b) as followsr Sorin Ilrenia ("Owner") i.s the owner of the property described Condominium Unit 302 . LionsheatJ Arcade ConrJilninium Building, as showr ort the Conrltrminiuru Mao and rcfcrenced in the Declaratiol. Counfy of Eagle, State of Colorado which property is coumonly known as 302 Colorado 81657 (the "property,'). "uur.ll)"., TirTffl*::-::ii1*,r,:jl1d 1l'll :h" Association anow _4n _ (c) 3/4 bathroorn witirjn'said unir.(the "propos"a irrrprouer@ i@ (d) The Association has expressecl corcerr lla-t tle proposecl in:provernents may ieopardize the structural integrity of the Building in wlrich the.pffity js located and may cause additional maintenance, riik, and liabiliry ftrr rhe,&;r;oci.tioir.-- (") The owner rjesires to protecr ancl hold harmless the Association from all claims, daurages, risks, liability "nJ irrni"*rance associated with, reasonably necessary inc'rred or reqr:ired bv virtue oi trr" o*n"lls instattation of the proposed improvemerrn and any other nrodifications ttre Owner ;"t'il;; to its properry. 3V!rhlih\rr'ls\llorrllrtd 531 Lionshead oH&1i.aol1iliv^"i 8165;(Unit), (f) The parties desire to amicably resolve between themselves all matters relating to the propor"O i,nprourir,"nli and any othlr motlification the Ovrner make to the Property' Now,THEREFoRE,fotgoodand'valuableconsideratiol;theroceiptofwhichis hereby acknowledgerl, the parties agree as follorvs: 1, Prcpose{ ImProJements.Subject to the tenns of this Agreement, the for installation of -, an additipnal Association approves the Owtler's request ll+ Authro6ir within said unit.- (he "ptopo*ed improvements") at the Property' 2. Sfructural Integritr/souutl Proofing. 'fhe ()wner warrants and represents that theproposeaimp,ouemffiand,wheninstalled'wjllnoteffectthe structural integriry of the Building in which the Propcrty is located and that !o-s-e proposea il;;;;;;ti*iren installed, ril'll compty with exieed, the requirements of-all applicable UuitOing codes. Further, with iespect of ih'e sounct proofing qualities of anf suln3":iTgfll: Owner-represents and warrants that the proposed improvements tO be lnstalled will meet or exceed-the specitications and performance uf the existing improvements' 3. Mnintenqnce_aud f,ep4ilg 'lhe Owner agrees to maintain the proposcd impro,,Lment.@asr:ftheUonsheadArcadeCondomirtir;mseffected bt'th" proporld improue *errts in a good and satisfactory nranner' $o as to lreserve_ and piotect'the value of the Property *nd' to preserve and protect the value of the Uonshead A,rcade Condominiums. The Owner furrhtr agrees that irt the everrt any repairs reasonably necessary to such are 1ot perfonnerJ in a timely lnanner, but in no case less than thirty (30) days after such condition t"come* rensonably apparent,_the Association may undertake to cause repairs to be cornpleted, without notice to Owrter, In such evettt, the Association shall be entitled to recovery of all of it's costs incurre d thereby from the Owner of the Propelty' and such obligation oi th" O*tr.r shall be secured by the lien and other rights granted and allowed the Association in the Declaration' 4. Buil4ing_Icrmrt. Should a buildiilg permit be required for the proposcd improvements, the Owner agrees to seek and otrtain a building permit from the appropriate governmental offices, 5, Indemnificatlgn. The Owner agrees to and shall indemniff and hold harmless the Association of and from any antJ all liability, loss, damage, (including reasonable attorneys fees), manner of action, inactions, cause and causes of action, suits, controversies, claims and demands or claim of loss whatsoever, in law or equity, against the Associatiott or which the Association may suffer as a result of or in any way related to the proposed improvements sought to be installed at thc Property, the Owner's installation and maintenance of the proposed inprovement$ at the Property and any other modification of the Property as may be made by the Owrrer. lvotmfi l.\'niilUionthlrd .6,Relense.TltcownerlrcrcbyrclchsesBndforeverdischarges'-tlrcAssocJa.tion and by these presents -does, for itself, its successors and assigns, offrc?fs' directors' shareholders, and agents, demise, release und for"u"t discharge the Associationt its successors and assigns of anO from any and trtt-tiaUility, loss, damage, (including reaS:Tp]: attorney fees) mAnner o1 action, inactions, cause and cauSes of action, suits, contfoVetsle5' claims and denrands or clairn and loss whatsoever, in law or e=quity,-agairtst-the Associa$on that o\Mner ever trao, no* ftur, or which its successors and assigns' officersr directors, shareholders and agents hereinaiter can, shall or may have, for, upon or by reason oft q{ fiatter, cause or tnings iutrairoever, relaiing to tle propo-sed_improvements at the Property anO "iy ottrer modifiiatiort of the 'Properry as may pr6viously have been made or may yet be mude by the Owner. 7. tnu r.roi wri ner agrees a'ld acknowledges that the - - M!^- 1!--- r^ terms and conditions of tftffi".f*ution pr"tribit arlditions, alterations or modifications to the Properfy without the prior written oonsent of the Association, as more firlly provided in the Declaration. In this rdgard, any further nrodifications dssired or reque,sted.by the O:v1ter to tlte Property or otherwise will not be mnde by the Owner without application to and tne prior written approval of the Association- L Denefit.' This Agreement sltall be binding upon and shall inure to the benefit of the parties hereto antl their respective successors and assigns. g. Itrn_foreeabilir.v, TIre invalirJity or unenforceability of any particula_r provision of this Agreement slall not in any way afl'cct the other provisions hereof, and this Agreemeni shall be construed in all respects as if such invalid or unenforceable provision were otnitted, 10. CoygruUS_lay! This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 1t- Remedies. In the event of a default uncler the breach of this Agreement, the remedies available to the non-defaultirrg party shall include all those rerrredies provided in the Declaration, or other legal docurnents of the Association, together with specific performance, damages or both, including reasonabte attorney's fees, t2, Amendrnjnt. This Agrecment may not be arnended except by a writtcn instrurnent signed by all of the parties. _ 13. Becorcling. This Agreement may be recorded with the Eagle County Clerk and Recorder, or a memorandum hereof may be recorded, in the sole discretion of the Association. 3\lonnlilC\niJc\llon hcid IN WITNESS wllEREoF and year first above written' OWNER: (Seal) SecretarY STATE OF COUNTY O The fo g wa$ ac t$Lw Witness my hand and official seal' o the parties have executed this Agrecment as of the day ASSOCIATION: LIONSIIEAD ARCADE BUILDING CONDOT\II]I{IUNI A'SSOCIATION, a Colorado nonProfit corPoration f.r,, \\(,''(- )fiu\ | /.1t { ----------\ \ _--.t'-' - \- -/ t- By; Authorized Agent ATTEST: , President (Seal) By Sccretary A/) ) ss. )'j .4 #t{r, fth My comnrission exPires: 9fu-rut- J'6, //// ,/ Notary Public BAR0AIA ltAll 0t50ll '{OIARY NBUC. CITORNA ifvlnsftf, cqrf{il Mt Cdfm [Pt.! fim 26' I zvonnllltr\mis.\.llotlthcld U STATE OF COLOI]ADO COUNTY OF EAGLE ) ) tr. ) Thc foregoinrg was acknowledged befor'e nre this day of 19 by as President as Secretary of the Uonshead Condominium Building Association, a Colorado non-profit corporation. Witrtess my hand and ofticial seal. My commission expires: and by fucade eVorn lih\rnlc\llqrshc.rrt