HomeMy WebLinkAboutADM140004 Party Wall Agreement ;
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DECLARATION OF COVENANTS, CONDITIONS AND RESERVATIONS ;
FOR '
DUPLEX RESIDENCE L4CATED ON LUTS 9A AND 9B,
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VAIL INTERMOUI�TAIN DEVELUPMENT SUBDIVISION, ;
TO�tVN UF VAIL, EAGLE COUNTY, CUL�RADO �
RECITALS
A, Mountain C.i, Holdir�gs Limited, an Ontario corparation, whose mailing '
address is 1480 Sandhill Drive, Unit 4, Ancaster, On L9G 4V5, Canat�a ("Declarant°), ;
is the owner of certain real property located in the Tawn af Vail, Colorado, described ;
as Lot 9, Black 9, Vaii Intermaantain Development Subdivision, Town of Vail, County `
aF Bagle, State of Colorada, ("Lot 9") according ta the plat (the "Plat") recorded on
September 7, 1992, in. Book 22S at Fage 335, in the office of the Eagle County Clerk
and Recarder.
B, In accordance with a Duplex Plat, Vail Intermauntain Development
9 recorded 2014, at �
5ubdi��iszon, Block 9, A Resubd�v�sian of Lot , --�
Reception Na. (the "Dupiex Plat"�, Declarant has subdivided Lot 9,
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inta 2 separa�e lots which are designated as Lot 9A and Lot 9B . Declarant has �
constructed a duplex building on �.ot 9 which is designed and inte�ded for use as 4
two residential dweliin units. The addresses of the dwelling units are 28Q1A :
Snawberry Drive, Vail, gCoiorado (I,ot 9A} and 2801B Snowberry Drive, Vail, ;
Colorado (Lot 9B} . �
C. Either or both of these dwelling units are sometimes referred to herein ;
separately as a "Unit" or coliectively as the "Units."
D . Declarant desires to and does hereby establish a plan for the ownership of
the abave real praperty by establishing separate ownership and rights and
obligations related to and appurtenant ta the [Jnits as identified on the Duplex Plat.
DECLARATION
Declarant daes hereby puhlish and declare that the following terms,
covenants, conditions, easements, restrictions, uses, reservations, limitations and
abligations shall be deemed to run with the land described herein, shall be a burden �
and a benefit to Declarant, his personal representatives, heirs, successars and �
� assigns and any person acquiring or owning an interest in the real property ;
described above and �he improvements built therean, their grantees, personal
representatives, heirs, suceessors and assigns.
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1 . Defini�ions . Unless the cantext shall expressiy provide otherwise, the
foiiowing words and phrases shall have the following meanings;
1, 1 "The Properties " means Lofi 9A located an the abvve- described
reai esfiate with a street address of 2801A Snawberry Drive, Vail, Colorado, and Lat
9B located on the above- described real esta�e with a street address of 2801B
Snowberry Drive, Vaii, Colorada.
1.2 "parcel" or " Praper�y" means the real estate identified as Lot 9A
ar Lot 9B as described abave with all appurtenances .
1 .3 " Duplex" or "Building" means the entire building structure
containing two adjoining dwelling units constructed upon the Parce�s.
1 .4 "Unit" means the dwelling unzt located on either Parcel as ;
describec� above.
1 . 5 " Owner" means a person, persons, firm, corporation, partnership
or associatian, or other legal entity, or any combination thereaf, owning an inferest
in either Unit.
1 , 6 "Duplex Plat" means the Duplex Plat described in RecitaI B
above. �
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1 . 7 "Assessment" means any periodic ar one time charge to cover
the cost of any expense or charge that becomes due and owing by virtue of this
Party Wail Agreement and Declaration (the "Party Wall Declaration") .
2 . Description and Reservation.
2 . 1 Every contrace of Sale, Deed, Lease, Martgage, Trust Deed, Will f
or other instrument shall legally describe Units as fo�iaws :
LOT 9A, A RESUBDIVISION �F L4T 9, BLOCK 9, VAIL �
INTERMOUNTAIN DEVELOPMENT SUBDIVISION,
ACCORDING TE3 THE DUPLEX PLAT RBCORDED
, 2014, AT RECEPTION N0 . . �
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IN THE OFFICE OF THE EAGLE COUNTY CLERK AND �
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REC � RDER. `
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LOT 9B, A RESUBDIVISiON OF LOT 9, BLOCK 9, VAIL
iNTERMC}UNTAIN DEVEL� PMENT SUBDiVISION, ';
ACCORDING TO THE DUPLEX FLAT REGORDEN
, 2014 AT RECEPTION N0 .
THE OFFICE OF THE EAGLE COUNTY CLERK AND
RECORDER. ;
2 .2 Every such description shall be gaad and sufficient for atI �
purpases to sell, convey, transfer, encumber or otherwise affect the Units and ali '
appurtenant rights, benefits and burdens thereto as created by the provisions of this
Declaration., and each such description shal� be so construed. ;
3 , Propert� Division .
3 . 1 Declarant hereby estahlishes this plan for the subdivision of Loe
9 into Lot 9A and Lot 9B . Each of these Units shall constitute a separate dweIling
unit to be owned in fee simple.
3 ,2 The parties, if more than one, having the ownership of each Unit
shail agree among themselves how fio share the rights and obligations of such
awnership. However, if a corporation, partnership, association or ather legai entity
shall become an owner or if there is concurrent ownership of a Unit, then such
entity or concurrent Owners shail from time fa time designate one individual who
shall represent such entity or coneurrent Owners in ail matters concerning all rights
and obligations pursuant to this Declaration.
3 , 3 Any such entity or concurrent �wners (the "Subject Owner")
may give written notice to the other Owner designating the individuai to act on its
or their behalf and such notice shali be effective un�il revolced in writing by such
entity or Owners, In the absence of such designatian, the other Owner may treat any
officer, partner, or ather reprresentative of the Subject �wner as the autharized
representatiive of the Subject Owner. Any act or omission by such designated
individual shall be binding an the entity or Owners having designated him in favor
of the other Owner or any person who may rely thereon.
3 ,4 Each Parcel shall be considered a separate parcel of reaI
property and shall be separateIy assessed and taxed.
3 .5 Both Properties shall be subject to the easements nated on the
Plat and those set forth herein.
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3 .6 In the even� both Parcels are ever owned by the same entities or
persons, the doctrine of inerger shall not appiy.
4, Encroachments. If any portian of the improvements associated wi�h
either o� the Units naw or hereafter encroaches upon the other Parcel as a result of
the construction of any Building, or if any such encroachment shall occur hereafter
as a result of settling or mavemen� of any Building, a valid easement for the
encroachment and the maintenance o€ the same, so long as the Building stands, shali
exist. In the event any Building shall be partially or totally destroyed as a resutt af
fire or other casualty or as a result of condemnation�. or eminent domain proceedings
and then rebuilt, encroachments of parts of the Building on the other Parcel, due ta
such rebuilding, shall be permitted, so long as such encroachments are af no greater
extent than those previously existing, and valid easements for such encroachments
and the maintenance thereofshall exist so Iang as the building shail stand.
5 . Part�.i Waii.
5 . 1 The wails which constitute the cammon boundary separating the
Units, and fihe underlying foating as weli as the portion of roof over such waIl and
their respective supporting members are eollectively referred to herein as �he
"Party N1a11:'
5 .2 To the extent not inconsistent with this Declaration, the general
rules af law regarding party walls and Iiability for damage due to negiigence, wilIful
acts or omissions shall apply to the Party Wall. �
5 . 3 The �wners of each Unit shall have a perpetual easement in and
to that part of the ather Unit or Parcel on which fihe Party Watl is located, far party
wall purposes, including mutuai support, maintenance, repair and inspection . In the
event of damage ta or destruction of the 1'arty WaII from any cause, the �wners, at �
fiheir joint expense, shall repair ox rebuild said Party Wall . Each Owner sha11 have [
the right to the full use of any Party Wali so repaired and rebuilt. Notwithstanding �
anything contained above �o the contrary, if the negligence, willful act or amission of
any Owner or his or her family, or agent or invites shall cause damage to or
destructian of the Party Wall, such Owner shall bear the entire cost of repair or
recanstrucfiion. An Qwner who by his negiigent or wiilful act causes �he Party WaII
to be exposed ta the elemenfis shall bear the full cost af furnishing the necessary :
protec�ion against such elements as well as the cost a€ repairing any degradation ;
and damage to the building or its components . �
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6 . Landsca in Service Facil 't' es and Parkin .
6.1 The Owners from time to time may undertake such landscaping �
and general outdoar improvemen�s on their respective Parcels as they may deem �
prope.r for the harmanious impravement of both Units and/or Parcels, Each Owner ;
shail be solely responsible for aii expenses, liabilities and generat upkeep
responsibilities with respect to any such landscaping and outdoor improvements on
the Unit of that Owner. The Owner of one tJni� shali nofi unreasonably damage the
value of the ather Unit such as by shoddy upkeep outside, but both Owners shali
make reasanable efforts ta preserve a cammon appearance of the Properties . Each
Owner shali bear the entire cost and responsibility for �he maintenance of
landscaping on their respective Parcel.
b .2 A nonexclusive easement in favor af providers who deliver the
utility services described beiow is hereby granted aver, under and acrass both of the
Parcels for the purpose of installing, maintaining, inspecting, repairing and replacing
utility service lines and facitities which service the Units . This shall include, without
limitation, water and sewer, electricity, natural gas, cable televisian and tetephane
services,
6.3 Comman utility or service connecti n either of the Un ts or
facilities ar other equipment and praperty located �n ar o
Parcels, but used in common with the other Unit, shall be owned as tenan�s in
comrr�on of equal undivided ane -half interests by the Owners af each Unit. Except
far any expense ar liability caused through the negligence or willful ac� of any
Owner or his or her famity or agent or invites, which shatl be borne soleiy by such
Owner, ail expenses and liabilities cancerned with such connections or iines such
property shali be shared praportionately. The Owner of either Parcei shall have a
perpetual easement in and ta that part of the other Parcel as is reasonably necessary
far purposes of rnaintenance, repair and inspectian.
7 . Alteration Maintenance and Renairs.
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7, 1. In addition to maintenance costs as provided for in Sectian 8, i
each Owner shali pay his or her equal share of the cost of providing exterior �
maintenance and exterior repair upon the Units and all portions of the Parcel upon ;I
which each Unit is located inciudi�ng, bu� not limited to, the exterior and the roof ;
covering the Units . However, if �he condition requiring repair only affects one of the j
Units, the Owner af that Unit shaIl bear the entire cost thereaf. Repair, replacement '
or cieaning of exterior window glass shall be considered interior maintenance. If the
need for repair is caused through the negligence or willful act of any Owner or his or i
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her family or tenan:ts ar invitee, such Owner shall bear the entire cost of such repair 3
reconstruction ta the extent that such damage is not covered by insurance) . To �
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the exten� that discernable differences might otherwise exist, both Units must be ;
pairzted or undergo exterior modifications at the same time and with the same ;
materials. AIl repairs to fihe portion of the respective roafs at the joinder paint shall i
be borne equaily by the Owners irrespective of which Unit, or which side af �he
Party Wall or the Allocation of Expenses .
7 .2 Comman ufiility lines and service connections runnin�,g from the �
streets to the Units shall be maintained and repaired as provided in Sectian 6. 3 .
However, each Owner shaIl be solely responsible for maintenance and repair of the
inside of his, her or its Uniti in�luding fixtures and impravemenfis and all utility lines
and equipment located therein and serving such Unit only. In performing such !
maintenance and repair, or in improving ar aitering his, her or its Unit, no Owner
shall � o any act or work which impairs the structural soundness of either Unit or the
Party Wall ar which interferes with any easemen� granted or reserved herein.
7 .3 No Owner shall make or suffer any structural or design change
(inciuding a color scheme changeriortof h� or her Unit or �construct any addrtio al
or nature whatsoever to the ex
exterior buiiding structure of any type o�o������a�ansent there�o fram the other
her Parcel without first obta�n�ng the p
Owner, such consent not to be unreasonably withheld. In case of damage or
destruction of any Unit or any parfi there�f by any eause whatsoever, the �wner of
such Unit shall cause with due diligence the Unit ta be repaired and restored,
appiying the proceeds of insurance, if any, for that purpose• Such Unit shall be
restored to a condition comparable to that prior to the damage and in a harmanious
manner ta promote the common theme of bath Units.
7,4 The costs af maintaining, repairing ar replacing the Party Wall
and any ather structural elements affecting both Units including, withaut limitation,
the roof covering the Units, shall be barne by both Owners equally. Both of the
Owners shall agree in writing as to the scape and nature of any such maintenance,
repairs ar replacements . However, any such casts that are caused by the negligence
or wiliful aet af one �wner shall be borne enl�irely by that Owner.
7 ,5 In the event that one �wner believes maintenance, repair or
replacement work is necessary for the Party Wall, the roof covering the Units, or any
other structurai element affecting both Units, and such Owner fails to reach a
written agreement with the other �wner concerning the scope and nature of the
proposed wark, the Owner shall initiate steps under Sectian 14 to resolve the issues .
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7 . 6 In �he event af an emergency, the acting Owner may proceed �
with ali necessary emergency maintenance, repair, or �eplacement of the B�ilding j
withaut authorization from the other Owner. Hawever, the acting Owner may
request reimbursement fram the ather �wner only if he or she has made a good
faith attempt to contact the other �wner at his or her email address and phone
number of record. The ac�ing Owner shall collect payment by written request to the
other Owner, which payment shall be due within ten �10) days of such request. �
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8 , Aliocatian of Ex�enses. �
8 .2 In any written agreemen� authorizing any rnaintenance, repazr,
ar replacement to the Units, which cost €or such maintenance, repair, ar
replacemenC is to be shared equally between the Owners, the parties shatl
determine the method of payment, Far example, this cauld inciude such mefihods as
the following: (a� the Parties will each pay 50 % of the costs incurred directly to the
cantractor; or [b) one �wner wili act as Agent and pay fihe sums due in full to #he
contractar and collect 50°/a of the costs incurred from the other Owner. In the event,
the Parties select aption (b} above, the Agent shali request reimbursement in
writing, and the non-Agent Owner shall pay said sums in full within ten (10) days of
such request.
8.2 To the extent possible, the costs and expenses of common
maintenance and repair shaIl be determined by obtaining competing bids and
pricing.
9. Mechanic's Liens : Indemnif' ation.
9 , 1 Except for items incurred as a cammon expense as provided for
herein, if any Owner shall cause any material to be furnished fia his or her Unit ar
any labor to be performed therein or thereon, the other Owner shall not under any
circumstances be liable far the payment af any expense incurred or for the vaiue of
any work dane or material furnished. All such work shall be at the expense of the
Owner causing it to be done, and such Owner sha11 be solely responsible to
contractars, faborers, materiai men and other persons furnishing labor or materials
to his or �er Unit or any improvements therein or thereon . Nothing herein
contained shail authorize either Owner or any person dealing through, with or
under either Owner to charge the LJnit of the other Owner with any mechanic' s lien
or other lien or encumbrance whatever, On the contrary (and notice is hereby
given�, the right and pawer ta charge any Iien or encumbrance of any Icind against
one Owner or against one Owner`s Urzit far work done or materials furnished ta the
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other Owner's Unit is hereby expressly denied .
g ,2 Except as provided below, if, because af any act or omission of
any Owner, any mechanic's or other lien or order for the payment of maney shall be
filed against the other �wner`s Unzt ar any improvements there�n ar thereon, or
against any other Owner (whether or not such lien or order is valid or enforceable
as such), the Owner whose act ar o X�sens �0auseftihe same�to be a celed and
s h a l t a t h i s o r h e r o w n c o s t a n d p
discharged of record or bonded by a surety company reasonably acceptab le to suc h
other Owner, within twenty (20) days af�er the da�e of filing therea f, an d fur t her
shall indemnify and save the ofiher �wner harmless from and against any and all
costs, expenses, ciaims, losses ar damages, including reasonable attorney' s fees
resulting therefrom,
10 . Insurance.
10 .1 Each Owner shall keep his Unit and aIl fixtures therein insured
against loss or damage by fire and extended coverage perils (including vandalism
and malicious mischie� for the maximum replacement value thereof.
10 .2 Each Owner shall provide and keep in force generai public
Iiability and property damage insurance against claims Unib and the improvements
property damage occurring in, on or upon h�s or her
thereon in a limit of not less than $ 500,000 .00 in respect o€ bodily injury or death to
any number of persons arising out of one accident or disaster, or far damage to
property. If higher limits sha31 at any time be customary to protect against possible
tort liability, such higher limits shall be carried and each owner shail name the other
Owner as an additional insured parfiy under such policy,
11 . Desfiructian of Im.�rovements on the Units.
11. 1 In the event af damage or destruction to the Units or either af �
them by fire or other disaster, the insurance proceeds will be disbursed in the �
manner required by the insurance carrier. The Owners shall then promptly �
authorize the necessary repair and reconsfiruction work and the insurance proceeds ,
will be applied to defray the cos� thereof. "Repair and reconstruction" of the Units,
as used herein, means restoring the improvements to substantially the same �
condit.ion in which they existed prior to the c�amage wzth such Unit having the same
. boundaries as before.
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11 .2 I� the insuranee proceeds are insufficient to repair and ;
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reconstruc� any damaged Unit, such damage or destructian shall be pramptly '
repaired and reconstructed by the Owners using the insurance proceeds and the
praceeds of a special assessment against the �wners of the damaged Units. Any s�ch
assessmenfis shall be equal ta the amount by whic�Ceheroceeds allocable �a�su h
repair of the Units exceeds the sum of the insttra p
Units . Such assessments shail be due and payable not sooner than thirty (30} days
after wrifiten notice thereof. The special assessment pravzded for herein shall be a
debt of eacY� Owner and a lien an his or her Unit and the impravements hereon and
may be enfarced and collected by fareclosure proceedings in the District Court.
11.3 Notwithstanding the above, fihe Owners and first martgagees of
any or aII of the destroyed or damaged Units may agree that the destrayed or
damaged Units shall forthwith be demolished and at1 debris and rubble caused by
such demolitian be removed. The cost of such demolition work shall be paid for by
any and all insurance proceeds available. Any excess insurance proceeds shali then
be disbursed to such 4wners and their first martgagees jointly.
12 . Right to Lien.
12. 1. If an Qwner, afi any time, shall negiect or refuse ta perform or
pay his or her share af any obligation required hereunder, the other 4wner may, but
shall no� be abligated to, after tvventy (20} days written notice unless the
circumstances required 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 ar the undertaking of any work required hereunder for repair,
restoration or maintenance, and such ot�ter Owner shall have an easement in and ta
that part af such defaulting Owner's Unif as is reasonably necessary far such repair,
restoration or maintenance.
12 .2 Atl sums sa paid ar expended by an Owner, alang with interest
thereon at a percentage rate equal ta the "prime rate" as quoted from time to time in
the Wall Street Journal (the interest rate shall be adjusted and calculated on a
monthly basis), shall be payable by the Owner so failing to perform (�he "defauiting
Owner") from the date of such paymen� or expenditures by the other Owner until
pa�d in full.
12. 3 All sums so demanded but unpaid by the defaultin.g Owner shall
constitute a lien on the Unit of tihe defaulting C}wner in favar of the other Owner
prior to aIl other liens and encumbrances, except: (i) liens far taxes and special
assessments; and (ii) the lien of any first mortgage or first deed of trust of recard
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encumbering such Unit, The lien shall a�ttach from the date when the unpaid sun�
shall become due and may be foreclased in like manner as a mortgage on real
property upon the recarding oF a natice or claim thereaf executed by the nan-
defaulting Owner setting forth the amount af the unpaid indebtedness, the name of
the defaulting Owner, and a description of the Unit. The non-defaulting awner may
callect any such amount due either through a foreclosure of the lien created
hereunder or through any other lawful collection proceeding, In any such
fareclosure or any other collectiort proceeding, fihe defauiting Owner shall be �,,
required to pay the costs and expenses af such proceedings, including reasonabie I
attorney's fees.
12 .4 Sale or transfer af any Unit as the result of court foreclosure or a
mortgage foreclflsure through the public trustee, or any proceeding in lieu of
foreclosure, shall extinguish the lien of such assessments as to payments thereof
which become due prior to such sale or transfer, but sha11 not relieve any former
Owner of persanal liabiiity therefar. The mortgagee of such Unit who acquires title
by way o€ foreciosure or the taking of a deed in lieu thereof shall not, however, be
liable for future assessments an the date it becames the �wner af such Unit, No sale
orr transfer shalI relieve sueh Unit from liability for any assessments thereafter ,
becorning due or fram the lien thereaf. In the even� of the sale or transfer af a Unit
with respecti to which sums shali be unpaid by a defaulting Owner, except transfers
to a first mortgagee in connectian with a foreclosure of its lien or a deed in lieu
thereaf, the purchaser or ofiher transfer of an interest in such Unit shali be jvintly
and severally liabie with the seller or transferor thereof for any such unpaid sums.
12 . 5 Upon written request of any Owner, martgagee, praspective
mortgagee, purchaser or other prospective transferee of a Unit, the Owner of the
other Unit shall issue a written statement settin.g forth the amount l�e is awed under
fhis paragraph, if any, with respect to such Unit, Such statement is binding upon the
executing Owner in favor of any person who may rely thereon in good faith. Unless a
request for sueh statement shail be complied with within fifteen (15) days after
receipt thereof, ail unpaid sums which became due prior to the date of making such
request shall be subordinated to the lien or other interest of the person requesting
such statement.
13 , Use Restrictions .
1. 3 . 1 Each Unit shail be restricted to a residential dweiling as a
. permitted use as defined and permitted by the Town of Vail zoning regulations and
by the Restrictive Covenants recarded on September 6, 1972, in Baok 225 at Page
315 of the records of �agle County, Colorado (the "Covenants") .
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13 .2 No exteriar maunted radio, shartwave, television or ott�er type I,
of antenna whatsaever or tank of any kind, either elevated or buried, except far a ;
small, non-cammercial sateltite TV dish, ar clothesiine or incinerator or any kind ;
whafisoever or autside storage shed ar storage af any personal property shall be �
permitted or maintained on either Unit or Parcel without the prior written approval ;
of both �wners .
1. 3 . 3 Na "time sharing", "interval Ownership " or similar interest, ;
whereby Ownership of a Unit is shared by Owners on a time basis, shall be
established on either Unit.
1.4. Resalution of Decisions - fJverride.
14. 1 Bath Owners shall be mutually responsible far the
administration and managemenfi of the obiigations created hereunder. However, in
the event both Owners cannot mutually agree when a decision is required under
this party wali agreement, the parties shall first attempt ta resolve the issue in good
faith by promptly submitting the issue to mediation. The parties wilt jointiy appoint
an acceptable mediator and will share equally in the cast of such mediation. The
mediation, unIess otherwise agreed, shall terminate in the event the issue is not
resaived within 30 days of the date written natice requesting mediation is delivered ;
by one party to the ather at the party's last known address. In the event mediation is ;
terminated for any reasan, the issue shall be promptly submitted to binding ;
arbitra�ion governed by CaIorado Iaw and conducted in accordance with the
Commercial Arbitration Rules of the American Arbitration Associa�ion . �
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14,2 Fn the event either �wner beiieves that the arbitration remedy is �
inadequate or will not be respansive to a situation requiring immediate action or '
intervention, such �wner shall be entitled ta pursue any anciliary or equitable
remedy which might otherwise be available . In any litigation, the Court may assess
costs and any reasonable attorney fees as may have been incurred by the parties
based upon the merits of the case in favor of the prevailing party.
15 . Notice. Each Owner shall register its mailing address with the other
Owner and alI natices or demands in�ended ta be served upon Owners shall be sent j
by certified maii, postage prepaid, addressed in the name of the Owner at such I
registered mailing address. In the aX�ernative, notice may be delivered, if in writing,
. persanally to �wners or if no registration occurs, to the address af the Owner on the
records of the Eagle County Assessor. �
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16. Dl�ration of Declaration. Each provision contain.ed in this Declaration
which is subject to the laws ar rules sometimes referred to as the rule against
perpetuities or the rule prohibiting unreasonable restraints on alienatian shaii
continue and remain in fult force and effect for the maximum permissible period i
permitted by Iaw or until this Deciaration is terminated as hereinafter provided,
whichever �rst occurs.
17 . Amendmen r Revacation. This DecIaration may be amended or
revoked only (a) by Declarant sa iflng as Declarant owns bath of the Units, or (b)
upon unanimous written approval in recordable farm of a110wners and any holder I
of a first marfigage or f�rst deed of trust of record an eifiher of the Units. �
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18 . Effect of Provisions of Declarat[on . Each provision of this Declaratian, �
and any agreement, promise, covenant and underfiaking to comply with any i
provision of this Declaration, and any necessary exception or reservation or grant of ;
title, estate, right or in�erest to effectuate any provision of this Declaration: (i) shail �
be deemed incorparated in each deed or other instrument by which any right, title �
or in�erest in ar�� portion of either Unit is granted, devised or canveyed, whether or
not seti farth or referred to in such deed or a�her instrument; (ii} shail, by virtue of
acceptance af any right, title or i�terest in any portion of either Unit by an �wner, be I
deemed accepted, ratified, adop�ed and declared as a persanal covenant of such
Owner and, as a persanal covenant, shail be binding on such Owner and his heirs,
personal representatives, successars, lessees, assigns and, shali be deemed a
personal covenant to, with and for the benefit of each Owner of any portion of either
Unit; and (iii) shall be deemed a reai covenant by Declarant, and its successors and
assigns and also an equitable servitude, running, in each case, as a burden with and
upon the title to each and every porfiion of bath Units.
19 . Enforcement and Remedies.
19.1 Each pra�zsion of this Declaration shall be enfarceabie by civil
acfiion including equitable praceedings, In any suit or action to recover damages, the
dispute or ciaim shall be submitted to arbitration as described in Section 14, 1 . If
court proceedings are instituted in connectian with the rights of enforcement and
remedies provided in this Declaration or binding arbitration is initiated, the �
prevailing party shall be entitled to recover its costs and expenses in connection i
therewith, including reasonab}e attorney fees . �
19 .2 Each Owner hereby agrees that any and all actians in equity or at ;
law which are instituted to enforce any provisians hereunder sha11 be brought in
and o��ly in �he District Court of Eagle County, State of Colorado.
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19.3 Failure to enforce any provision af this Deciaration shall not
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operate as a waiver of any such provision, �he right to enforce such provision
thereafter, ar of any other provision af this Declaration.
20 . �xercise of Rights. Any exercise of any rights granted hereunder by one
Owner with respect to the other Owner`s Unit inciuding but not Iimited �o the use of
any easement granted herein shall be exercised in a manner which shall not
unreasonabiy hinder, impede ar impose upon such other Owner's use of his Unit,
21 . Successors and Assigns . Except as otherwise provided herein, this
Deciaratian shail be binding upvn and shall inure to the benefit of Declarant and �
each subsequent Owner and the heirs, persanal representatives, successors and
assigns of each. !
22 . Severabilitv. Invaiidity or unenforceability of any provisions of this
Declaration in whole or in part shall nofi affect the validity or enforceable part of any
provision of this Deelaratian.
23 . Ca�tions. The captions and headings in this instrument are for
convenience only and shall nat be considered in construing any provisions of this
Declaratian.
24. Construction. When necessary for proper construction, the masculine ,
af any word used in this Declaration shall include the feminine or neuter gender, �
and the singuIar the plural, and vice versa. `
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Page 13 of 14 '
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IN WITNESS WHERE�F, Declarant has executed this Declaratian this j� day
o€ e ��� , 2Q14.
MOUNTAIN C.I. HOLDINGS LIMITED,
an Untario corporatian
By:
STATE OF COLORADO ) I
} JS � j
COUNTY OF EAGLE )
The foregoing document was acknowledged by �• < s � -��c: Y� S �
as �J�Syd-�� ,� of Mountain G.I. Holdings Limited, an Ontaria �
corporation, on the �._ day of �-cb'a-c� �l . Z � � '�. �
Wi�ness my hand and seai; ,��`
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My commission expires : la� 11 ' 2GI � Notary Publi
�RIiC�4 G t�2r4O �.,�� �
�d£3Td�1�ft1f �!lBLIC €
�`��►TE OF C�LOR,�1D{�
��°�A#2Y ID 2�Q�404'96��
�� c�r��9ss�oN �x�i�s a�r�a�ao7s
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Page 14 af 1�