HomeMy WebLinkAboutEnzian Easement Agreement Amendment 1 Eagle County, CO 201406797
Teak J Simonton 05/01/2014
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AMENDMENT TO
CONSTRUCTION EASEMENT AGREEMENT
THIS AMENDMENT TO CONSTRUCTION EASEMENT AGREEMENT
("Amendment") is made effective as of the I5'day of June 2013, by and between ENZIAN AT
VAIL CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation(the "Enzian
Association"), and LIONSHEAD INN, LLC, a Colorado limited liability company
("Lionshead").
RECITALS:
A. In connection with the proposed construction of the Strata Project
by Lionshead, in August 2010 Lionshead and Enzian Association entered into a
Memorandum of Understanding ("MOU") and a Construction Easement Agreement
("Agreement"). All capitalized terms used in this Amendment not otherwise defined
herein shall have the meaning provided in the Amendment.
B. Lionshead Inn has not yet started construction of the Strata Project
in accordance with the MOU and Agreement, and the Agreement is set to expire if
Lionshead does not begin construction on or before June 1,2013.
C. Lionshead Inn has requested that Enzian extend the term of the
Agreement, and Enzian Association is willing to extend such term on the terms and
conditions of this Amendment.
In consideration of the recitals set forth above, and the mutual covenants
and agreements set forth herein, Enzian Association and Lionshead covenant and agree and
amend the Agreement as follows.
Agreement
1. Extension to 2014 Start Date. Lionshead will still be entitled to proceed
with the development of the Strata Project, provided that Lionshead satisfies each of the
following conditions precedent: (a) Lionshead begins construction during the Commencmenent
Period in 2014 and no later than June 1, 2014; and (b) no later than June 21, 2013 Lionshead
pays Enzian Association $150,000 in good funds. The foregoing payment of$150,000 to Enzian
Association shall be nonrefundable under any and all circumstances, including with out
limitation if Lionshead fails to begin construction on or before June 1, 2014.
2. Completion of Exterior Work. The Aplicable Deadline for completing (i)
the major components of work on the exterior of the Strata Project building and (ii)the Required
Work shall be November 20, 2015.
3. Expiration of Construction Easement. The Easement shall terminate if
Lionshead fails to timely start construction in accordance with Paragraph 1 of this Amendment.
Except as otherwise provided above, the Easement shall terminate no later than November 30,
2018.
4. Except as otherwise set forth in this Amendment, all other requirements,
terms, conditions and deadlines of the MOU and Agreement shall apply and govern, shall remain
unchanged (including withoutlimitation as to liquidated damages) and shall remain in MI force
and effect.
5. Counterparts. This Amendment may be executed in counterparts, each of
which shall be deemed an original, and all of which together shall constitute one and the same
instrument and agreement.
IN WITNESS WHEREOF, the Enzian Association and Lionshead have made this
Amendment as of the day, month and year first above written.
ENZIAN ASSOCIATION:
ENZIAN AT VAIL CONDOMINIUM
ASSOCIATION,INC.,a Colorado nonprofit
corporation
By: / — - .
JO' n Peck,Jr., Pre• ;ent
i
STATE OF )
)ss:
COUNTY OF )
The foregoin instrument was acknowledged before me this day of
2013, by n Peck, Jr. as President of Enzian at Vail Condominium
Association, Inc., a Colorado nonefit corporation.
Witness my hand and ial seal. .
My commission expires: @Se kd Wt cc n`k
N tary Public Bd1/4cc �1 I�j cr c„c
[Signature blocks continue on next page] 1 t
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
VI,f"On
etYQrec me, isr kk(A,(L
Date Inert Name anc Tier tcte(t
personally appeareo\ dor
..
Namelst or S&coolsl
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) isiare subscribed to the
within instrument and acknowledged to me that
he!shekhey executed the same in his/hswtheir authorized
capacity(ies), and that by his/hetAirieir signature(s) on the
r- ,, ^ LISA TIBBELS k instrument the person(s), or the entity upon behalf of
2 :95 NOTARYM.PUBLIC1919990
1999 NIA At which the person(s) acted, executed the instrument.
✓+J SAN DIEGO COUNTY n
COMM.EXPIRES JAN.2,2015 I certify under PENALTY OF PERJURY under the laws
) vof the State of California that the foregoing paragraph is
true and correct.
WITNESS I, handfna . ii .1 seal.
(ytr
Signator _1}t
Place Notary Seel Above V 51rure of Notary Poh;c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name: Signers Name:
❑ Individual 0 Individual
Ei Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
O Partner—❑ Limited 0 General 0 Partner—0 Limited n General EiIOPirTfIUMUPPHIN
AIGRTTHUN®PEIINT
IDAttorney in Fact vFSIMER 0 Attorney in Fact DFSIGAEH
Trustee Top of Murat here r;Trustee lop al tome here.,
_1 Guardian or Conservator 0 Guardian or Conservator
II Other: ' :7 Other:
Signer Is Representing: Signer Is Representing:
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LIONSHEAD:
LIONSHEAD INN, LLC, a Colorado limited
liability company
fri
By:
Name: ?tiM"UD 84.)3 G,1t
Title: )I S,nr%±- .LI0N3)-IEAy, JlJ1ti
STATE OF COLORADO )
)ss:
COUNTY OF C o, I _ )
The foregoing instrument was acknowledged before me this <0 day of
Jo' 2013, by /?:,4(-:e; iThvrr; ll o as ,f1'e5,c4¢.;1 t-
of Lionshead Inn,LLC, a Colorado limited liability company.
Witness my hand and official seal.
My cotnmission expires: J..,,,,e.,-7 s, z O+S
Notary Public
•
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