HomeMy WebLinkAboutEnzian Parking Easement Agreement Eagle County, CO 201406800
Teak J Simonton 05/01/2014
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PARKING EASEMENT AGREEMENT
THIS PARKING EASEMENT AGREEMENT (this "Agreement") is entered into
and effective this (( day of 4-)0/1;4- , 2014, (the "Effective Date"), by
and between Enzian at Vail Condominium Association, a Colorado non-profit
corporation ("Enzian") and Lionshead Inn, LLC, a Colorado limited liability company
("Lionshead"). Lionshead and Enzian are collectively referred to herein as the
"Parties" and individually as "Party."
RECITALS
A. Lionshead is the owner of certain real property located in the Town of
Vail, Colorado, which property (the "Lionshead Parcel") is described on the attached
Exhibit A, including the improvements consisting of a hotel and related amenities
known (and referred to here) as the Lionshead Inn. The Lionshead Parcel is
described on the Exemption Plat recorded March 7, 2014, at Reception No.
201403458.
B. Enzian is the owners' association created to administer the Enzian at
Vail Condominiums project (the "Enzian Project") in the Town of Vail, Eagle County,
Colorado, located on land adjacent to the Lionshead Parcel (the "Enzian Parcel").
The Enzian Project consists of twelve (12) condominium units and common
elements (collectively, the "Enzian Units"), more fully described with reference to
the Condominium Declaration for Enzian at Vail Condominiums recorded in the
office of the Clerk and Recorder of Eagle County, Colorado, at Book 237 at Page 674
(as amended from time to time, the "Enzian Declaration"), and the map recorded in
Book 237 at Page 675, as amended from time to time (the "Enzian Map").
C. Lionshead intends to demolish the Lionshead Inn and to redevelop the
Lionshead Parcel with a new, mixed-use condominium project to be known as
"Strata" (the "Strata Project").
D. The Enzian Parcel and the Lionshead Parcel are burdened and
benefited by a parking and access easement as depicted and described on the Enzian
Map and as further described in an Easement and Joint Maintenance Agreement
recorded March 3, 2004, under Reception No. 869685 (the "2004 Easement
Agreement") in the office of the Clerk and Recorder of Eagle County, Colorado
(collectively, the "Easement"), pursuant to which the parties agreed to the terms
(among other matters) of a grant by Lionshead to the Enzian Association of a non-
exclusive easement for ingress and egress to and from the Enzian Parcel and for
certain parking areas, all as described more fully and defined in the Easement,
Page 1 of 6
E. The owners of the Enzian Units (the "Enzian Owners"), who are all
members of Enzian, intended to accommodate the redevelopment of the Lionshead
Parcel, subject to the terms and conditions set forth below and in other documents
and agreements between the Parties.
AGREEMENT
NOW THEREFORE, in consideration of the promises and the mutual and
dependent covenants contained in this Agreement, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Enzian
and Lionshead agree as follows:
ARTICLE I
RECIPROCAL EASEMENTS TO EASEMENT AREAS
1. Grant of Easement.
a. Lionshead grants to Enzian, for the use and benefit of Enzian and its
members, tenants, invitees, licensees, agents, servants, employees, independent
contractors, and contractors, an exclusive perpetual easement over, under, and
across the Lionshead Parcel as shown and depicted on Exhibit B and B-1 attached
hereto and incorporated herein for use as five (5) standard sized parking spaces
accommodating passenger-sized automobiles (the "Parking Easement").
b. Because of the Strata Project, the Parties acknowledge that the location
of the parking spaces and the Parking Easement will hereafter be additionally
legally described on the condominium map or plat for the Strata Project to be
prepared and recorded in the future, after completion of the Strata Project by and at
the expense of Strata, and the Parties agree to the minor relocation of the parking
spaces and Parking Easement to reflect its precise location as needed.
c. Throughout the construction of the Strata Project, the Enzian Owners
shall be entitled to use the parking spaces covered by the Parking Easement, subject
to the following:
i. Enzian shall be responsible for assigning to the Enzian Owners
the right to use any of the five (5) parking spaces, and for policing the use of those
spaces by the Enzian Owners.
Page2of6
H. Except for during the periods when Vail Mountain is open for the
ski season, and from June 21 through the following September 15, upon reasonable
advance notice of not less than 48 hours in advance from Lionshead, Enzian will
temporarily suspend the use of one or more of the five (5) parking spaces by the
Enzian Owners for no more than five (5) consecutive days as necessary to 1)
address and comply with the construction safety program requirements, 2)
reasonably accommodate the scheduling, sequencing or other logistics associated
with the construction of the Strata Project, 3) permit Lionshead to finally locate the
parking spaces on the Strata Project condominium map, and 4) complete the
landscape and landscape improvements associated with the parking spaces, as
required under the construction plans and related conditions imposed by the Town
of Vail.
d. The Enzian will indemnify, defend and hold Lionshead harmless
against any claims arising from the improvement, maintenance or operation of the
Parking Easement by the Enzian, the Enzian Owners and their respective family
members, and the guests, licensees, invitees, employees, agents and contractors of
the Enzian and the Enzian Owners and family members, except to the extent such
claims arise from the negligence or wrongful act or omission of Lionshead or its
guests, licensees, invitees, employees, agents or contractors.
e. Until the completion and operation of the snowmelt system planned as
part of the Strata Project, Lionshead will be responsible for the removal of snow
from the five (5) spaces covered by the Parking Easement. Following completion
and operation of the Strata Project's snowmelt system, the Enzian will be
responsible for all maintenance of the Parking Easement area, including, without
limitation, snow removal. Enzian shall have the right to operate, maintain, repair
and replace the Parking Easement, including without limitation resurfacing, striping,
marking, and posting appropriate signage.
f. If the construction or completion of the Strata Project or any other
action by Lionshead or its successors results in it being unlawful or a violation of
any governmental law, regulation, code (including fire, zoning or building codes) or
order for Enzian Owners or their guests or invitees to park on one or more of the
five (5) parking spaces, Lionshead shall provide Enzian Association with one
replacement parking space on the Lionshead Inn Parcel for each of the five (5)
parking spaces which cannot be used. The location of any such replacement space
or spaces shall be subject to the reasonable agreement of the parties.
g. In the event of a conflict between this Agreement and the 2004
Easement Agreement, the terms of this Agreement shall control.
Page 3 of 6
2. Miscellaneous.
a. Severability. The provisions of this Agreement shall be deemed
independent and severable, and the invalidity of any one or more of the provisions
hereof, or any portion thereof, shall in no way effect the validity or enforceability of the
other provisions,which other provisions shall remain in full force and effect.
b. Governing Law and Venue. This Agreement shall be governed and
construed in accordance with the laws of the State of Colorado. Exclusive venue for
any legal action related to or arising from this Easement shall lie in the state courts in
and for Eagle County, Colorado.
c. Non-Waiver. The failure by either Party to enforce any covenant,
condition, restriction, easement, reservation or other provision contained in this
Parking Easement shall in no way be deemed as a waiver of the right to do so
thereafter.
d. Benefits and Burdens. The benefits, burdens and all other provisions
contained in this Agreement shall be covenants running with the land and binding
upon and inure to the benefit of the Parties and their respective heirs, personal
representatives, successors and assigns, including without limitation the owners
association for the Strata Project.
e. Further Assurances. Each Party agrees that it shall, without further
consideration, execute and deliver such other documents and take such other action
as may be reasonably requested by the other Party to consummate more effectively
the purposes or subject matter of this Agreement.
f. Fees and Remedies. The prevailing Party in any judicial action
pertaining to the Parking Easement, as determined by the court, shall be awarded its
reasonable costs and expenses, including, but not limited to, attorneys' fees and
court costs. In addition to all other actions and remedies available under law or in
equity, a Party may have the provisions of this Agreement specifically enforced by
any court having equity jurisdiction, it being acknowledged and agreed that breach
of certain provisions hereof will cause irreparable injury and that money damages
will not provide an adequate remedy.
g. Amendment. This Agreement may only be amended by a writing signed
by authorized representatives of the Parties.
h. Counterparts. This Agreement may be executed in counterparts, each
of which shall be deemed an original, and all of which together shall constitute one
Page4of6
and the same instrument and agreement and signatures may be evidenced by
electronic signature, email and/or facsimile.
IN WITNESS WHEREOF, the Enzian Association and Lionshead have made
this Agreement as of the day,month and year first above written.
ENZIAN:
ENZIAN AT VAIL CONDOMINIUM
ASSOCIATION, INC., a Colorado nonprofit
corporation
By: //19/-J n, eck,Jr., President
STATE OF )
) ss:
COUNTY OF )
•
The foregoing instrument was ackno edged before me this day of
2014, by John Peck, Jr. as President of E ian at Vail Condominium Association, Inc.,
a Colorado nonprofit corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
[Signature blocks continue on next page}
•CAOLC,i(Ni/(/ Cat, 11C,k
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Page 5 of 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
F..>' .;C:::rY:C-(` :,,:.Y--tc: 'ti;:e.e %CCx,:cw-xt,C :.;. =;\:.'.'•^..Ccc.cCezKu-:c;,':M.,.m.aK:I:“c<3. :„—N%-.syxx.,,c,`•-.r: -...^ rY.:T.(y.7..-::.-c-.r
State of California
County of ffa2rt �U / .
r II � f,l
On `�`1 i4 bet e me, �1. ' b*iQhrf"1i1 10-bd A 16
Date here Inset Name and Titl al IIIOtucer
personally appeared oho Ac ck-3c-
Namelsl of SmnerisI
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) isiar-subscribed to the
within instrument and acknowledged to me that
heishmithey executed the same in his/herltheir authorized
capacity(ies), and that by hisTeNtheir signature(s) on the
instrument the person(s), or the entity upon behalf of
_ic6 4a' LISA ROTHERMEL which the person(s) acted, executed the instrument.
° 2„ _ F�e COMM.II 1919990 f+
04-Tii NOTARY PUBLIC-CALIFORNIA
l SAN DIEGO COUNTY ,_, I certify under PENALTY OF PERJURY under the laws
' � My Comm.Expres1.2.20l5 of the State of California that the foregoing paragraph is
true and correct.
WITNES handn )' f i,,cliial eat
Signature t� Wit
Plate Notary Seal Above Signature al Notary Pat: 1
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) •
Sinners Name: Signer's Name:
O Individual O Individual
D. Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
0 Partner—0 Limited CI General RIGHTTRuntmralNi 0 Partner—0 Limited 0 General RRD+•rrrrlurEIPatNi
O Attorney,in Fact LFm11bNER _ 0 Attorney in Fact D MMER i
I—ITrustee op Of thumb here oI-Trustee fop of thumb nets
i Guardian or Conservator - U Guardian or Conservator
• lU Other: J Other:
Signer Is Representing: Signer Is Representing:
, _JJ ,r)—.. V hl_:1/4):<l:zX ).rt UPJ,,,' PV -• U.�IHJhCS$U P�.'-),/ .) J>JAh>_;('y 2)t✓ C J J:.:
0)2007 Nokias!Notary Nssocaoon•9350 Dr Soto Aye,P.0 Bor.240'^Chatsworth.Cb.91313-2402.werwNaeonalNote tvoro Itemt5907 Faeroe,:call Tol-FrePeomenDattlo9'Free1.000.6 F662'
LIONSHEAD:
LIONSHEAD INN, LLC, a Colorado limited
liability company
By:
Name: t'rwki Lin
Title: \•a A.-1-- �')'1� 4a. Gr
STATE OF COLORADO )
) ss:
COUNTY OF E le )
, The foregoing instrument was acknowledged before me this 18 day of
2014, by�+riCld16uu L.\lb as pts+ . 10'10-flat(of Lionshead
Inn, LLC, a Colorado limited liability company. ��JJ
Witness my hand and official seal.
My commission expires:
�,P` f,URA
`r , .C�AF�a
oTARY Notary P sl
N
PUBLIO -•.
% N• ?0124otiry !d
p,� rOF,�p,,,,�
MY COMMISSION 81RES:
01
Page 6 of 6
Exhibit A
Description:of Lionshea4:(tin Paarcel
PARCH:A 41,64 ACRES
1 portion Of Lot 1., Block 2, VAIIJI.ION5111 n1), THIRD FILING-, described as follows:
Bei rtning at the-anost northerly'corner of.said Lott,which!taint is at the end of-a 25 foot radius
surrc+.aidi on the sowheri-right oftsav line of Interstate I hghv'iv'No.70;thence sOuthwetttelty
o f said r gh(ot4tav litie125;00 teer along the arc an 3650 foot radius curve to the tell whose
central astlte is 01°57`44" and whose long chord bears S 61°2711" W .12499 feet; thence S
23"02'16' C 210.81:feet; thence S 7x)°7.(1' 3" F:80.44 feet to a point on the easterly line Of sail's
Lot I which is on the arc,of a IStl.tent radius curve;thence northerly along said easterly lnte on
Matti Wang.fonr.eomu es;
1) 18.00 feet,long the nit; o1` said carve to the left whose:central angle is 6°52'32":and whose
long chord bear,N.1°2t,'16a'1s 17,99-'fend to a point of tangent',
`a)N 2"00'W 185.00 feet to a point o;curvet
3) 1O.96 feel a along_the are of a 125 foot radius stave to the left.whose central angle is 18°46'2"
and�'.hose long chord bears N 119,3:i16." W 408 fact to a point of compound curve;and
4) 39.61 feel along the.arc an 25 tem radius curve to the left whose central angle is 90°47525"
and whose tong,Aionl beai,N 66°10'1'°W 35.60 feet'to the.point of beginning.
t`ounty or Eagle;State ot'Colotado.
PARC BL iL a9a:Acjn
that part of Lot 1, Block 2,Vail/Lionshea£1 Third F11itn t accordii_pg at Me Map thereof reQordecl
in the office of the Eagle Count} Colorado. clerk and Recorder,,described as followst
Beginning at a.point on the Southerly right of way line of Int erstatt Ili hway No.10 whence the
Most Norttherly Cornet Of said Lot I bars N 67°271.1i" 1..124,91 feet; thence along said right of
way, 150.01 fa:t-aalong the are o(-€..36a50.oO foot rachis curto:zo ant loft having a centra[angle of
02"2 IT and a chord that bears S 65911'41" W 150.00 Motto the Norfheastcrly cotoct of Vail
Spa- ('ondominiautis according to the mop thereof recordetd in the office of Iaag1c County,
Colorado Clerk odd Rceotder;_
thence departing Said right of way S 23`02''46" Ii 178.40 fcct-along he Masterly boundary of said
Vail Spa Condominiums to the NoiflnstSterly'bend of 1 rc tan at Vail condominiums It tooting
10 the Map thereef ro arded In the oftlee of the.ftaf to C airy Clerk and Recorder;.
thence t€&flowing Pincourses alone the Northerly, Easterly and Southerly boundary of sad
Eighth at Vail C endeoltitiurns;.
1 j N 6ni°5700"Ti 93.10 feet;
2) $13°0$'0#1"R 44:12 feel;
t JS toMansg6
3) N.W5700"is 21.50feet;
S 23°%3'00" f:.16.55 foci
5) S.69°44'54"E 40.47 feet;
6) 7.83 feet along the are of a 5.00 foot.radiits curvetd the right having n cential angle-o"
49.4:45:4"add t=,therd that:beats 5 2 E52'27"E 7 06 feet;
7) S 2(1`00'O0" W 19,02 feet;
8)
$ $7.°56'01)"W 16 91 fest;
9) h W:57'00' W 114.60 feet to said Easterly boundary of Vats Spa Cotykdainius is;
thence.S 23°0246"h 17.38 t&f along said E astcsly Boundary toa gnrii}t of the Northerly Might o
f
way lined!\Vogt lions;lead Circle;
thence c odiea::giong said right of way;
1} .20.97 let aksn ho are[zfa 289,00:Pmt iadiuS curve,to the right having a central attgke of
114°o9'z7"and a.ehotd that.hears 5 89%5'5 f' B 30.97.1e01;
Z} 210.22 feet along the ate of a 150.00 foot tains cutvi to:016 left having a central an&lE of
87°56'19 and a chord that bears N 18M0'42'Es208.28 feet;
thence departing said tight of tray N 79'7.10'53"W 80,94 tecta.thence N.23°02'46'W 2111.£44 fest
to the_point:of beginning:
'County'of Eagle,Slate of Colorado.
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