HomeMy WebLinkAbout7th Amend to Dec v7-final.pdfSEVENTH AMENDMENT TO CONDOMINIUM DECLARATION
FOR
VAIL VILLAGE PLAZA CONDOMINIUMS
RECITALS
A. F & L Vail Village Partnership, a Colorado General Partnership, caused to be
recorded the Condominium Declaration for Vail Village Plaza Condominiums (the “Original
Declaration”) on November 19, 1984, in Book 400 at Page 202 in the office of the Clerk and
Recorder of Eagle County, Colorado (the “Records”).
B. The Original Declaration has been modified by the following documents:
(1) First Amendment to Condominium Declaration for Vail Village Plaza
Condominiums recorded on December 27, 1989, in Book 520 at Page 306 in the Records;
(2) Ratification of Vail Village Plaza Condominium Documents recorded on March
8, 1990, in Book 524 at Page 113 of the Records;
(3) Second Amendment to Condominium Declaration for Vail Village Plaza Condominiums recorded on March 29, 1990, in Book 525 at Page 640 of the Records;
(4) Third Amendment to Condominium Declaration for Vail Village Plaza
Condominiums recorded on January 15, 1991, in Book 545 at Page 696 of the Records;
(5) Fourth Amendment to Condominium Declaration for Vail Village Plaza
Condominiums recorded on August 3, 2005, at Reception No. 924820 of the Records;
(6) Fifth Amendment to Condominium Declaration for Vail Village Plaza
Condominiums recorded on December 19, 2008, at Reception No. 200826183 of the Records;
and
(7) Sixth Amendment to Condominium Declaration for Vail Village Plaza
Condominiums recorded on December 28, 2010, at Reception No. 201026270 of the Records.
(the Original Declaration, as amended by all of the foregoing, is called herein the
“Declaration”). All capitalized terms not defined in this Seventh Amendment shall have the same
meanings as set forth in the Declaration.
C. The Declaration provides in Paragraph 15 that the Declaration may be amended or
revoked upon the written approval in recordable form by the owners of 67% or more of the general common elements and 75% of all first lienors, except that amendments of the provisions
relating to interests in the general common elements and the limited common elements may be
amended only upon such approval of the owners of 67% of the general common elements and all
first lienors.
D. The owners of 67% of the general common elements and 100% of the first lienors in the Project who responded to the request for approval of the amendments provided for herein
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have previously agreed in writing to execute amendments to the Declaration and Amended Map
(as defined below).
E. On December 5, 2014, a certain Sixth Amendment to the Condominium Map was
recorded in the Records at Reception Number 201420163 (“2014 Map”). The 2014 Map was recorded without all required authorizations. By virtue of this Amendment, the 2014 Map will be
revoked and replaced with the Amended Map, which Amended Map is substantially the same as
the 2014 Map except for changes to the map notes and title exceptions.
F. The owners of 67% of the general common elements and 100% of the first lienors
now desire to amend the Declaration as set forth below.
AMENDMENT
The undersigned owners, who constitute the owners of more than 67% of the general
common elements, and the undersigned first lienors, who constitute all first lienors, do hereby
consent and agree to and do hereby amend the Declaration as follows:
1. The first page of Exhibit B of the Declaration is amended in its entirety to read as set forth on Schedule I attached hereto and made a part hereof.
2. Section 2.(a) of the Declaration is amended, by the deletion of the inclusion of
Unit 28 only, to read as follows:
(a) The real property is hereby divided into 33 condominium units designated
1 through 5, inclusive, 6A, 6B, 6C, 7A, and 7B, and 8 through 25 inclusive, 27 and 29 through 32 inclusive, each consisting of a unit, an undivided interest in the general
common elements appurtenant to such unit, which interest is set forth in Exhibit B, and
the exclusive or non-exclusive right to use and enjoy limited common elements
appurtenant to such units.
3. Section 2.(f) of the Declaration is amended, by the deletion of a reference to Unit 28 only, to read as follows:
(f) Condominium units 25, 27 and 32 shall be used and occupied solely for
dwelling or lodging purposes, condominium units 1 through 24 inclusive, 29 and 31 shall
be used and occupied solely for office or commercial purposes, and condominium unit 30
shall be used and occupied for dwelling, lodging, office or commercial purposes, all as permitted by and subject to the appropriate and applicable governmental zoning and use
ordinances, rules and regulations from time to time in effect. An owner shall have the
right to lease his condominium unit upon such terms and conditions as the owner may
deem advisable; provided, however, that (i) any such lease shall be in writing and shall
provide that the lease is subject to the terms of this Declaration, (ii) a condominium unit may be leased only for the uses provided hereinabove, and (iii) any failure of a lessee to
comply with the terms of this Declaration, as amended, Articles of Incorporation, Bylaws
or the rules of the Association shall be a default under the lease enforceable by the
Association.
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4. Section 21.(c) of the Declaration is amended, by the deletion of references to Unit
28 only, to read as follows:
(c) No Noxious, Offensive, Hazardous or Annoying Activities. No noxious
or offensive activity shall be carried on upon any part of the condominium project nor shall anything be done or placed on or in any part of the condominium project which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. No
activity shall be conducted on any part of the condominium project and no improvements
shall be made or constructed on any part of the condominium project which are or might
be unsafe or hazardous to any person or property. No sound shall be emitted on any pat the condominium project which is unreasonably loud or annoying. No odor shall be emitted on any part of the condominium project which is noxious or offensive to others.
No light shall be emitted from any part of the condominium project which is
unreasonably bright or causes unreasonable glare. The owners of units numbered 25 and
27 acknowledge that business and commercial activities will be conducted in and on the other units and the general common elements and that some annoyance and inconvenience is to be expected and tolerated. The owners of all remaining units
acknowledge that the units numbered 25 and 27 are to be used for residential purposes
and that excessive noise, unsightly displays, unpleasant odors and all other excessive
nuisances are to be avoided. Reasonable noise, smoke, odors or light during hours specifically permitted by the Town of Vail ordinances, rules or regulations adopted from time to time, or by rules and regulations adopted from time to time by the Board shall not
be subject to complaint by any owner.
5. In addition to approving the foregoing changes to the Declaration, the undersigned owners and first lienors hereby approve the revocation of the 2014 Map and approve
the Sixth Amendment to the Amended Condominium Map for Vail Village Plaza
Condominiums, Town of Vail, Eagle County, Colorado by Samuel H. Ecker, Job No. 13-673
(the “Amended Map”). The Amended Map shall replace the 2014 Map and the Fifth Amendment
to the Amended Condominium Map for Vail Village Plaza Condominiums recorded in the real estate records of the Eagle County Clerk and Recorder at Reception No. 201026271, and shall be
recorded in the Office of the Clerk and Recorder of Eagle County, Colorado. The Association,
through its President, is hereby authorized to sign the Amended Map in order to evidence the
approval of the owners and first lienors as contained herein, and each owner and first lienor
executing this Seventh Amendment hereby appoints the President of the Association as its agent and attorney-in-fact for such purpose.
6. A counterpart signature page of this Seventh Amendment may be executed by
each owner and each first lienor separately, and when the requisite number of owners and first
lienors have executed a copy of such a counterpart signature page, such copies taken together
may be assembled and attached to this Seventh Amendment, in which event this document shall be deemed to be a fully executed and complete Seventh Amendment.
7. As modified by this Seventh Amendment, the Declaration remains in full force
and effect.
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IN WITNESS WHEREOF, the undersigned hereby approves this Seventh Amendment to
Condominium Declaration for Vail Village Plaza Condominiums and appoints the President of
the Vail Village Plaza Condominium Association as its agent and attorney-in-fact to execute the
Sixth Amendment to the Amended Condominium Map For Vail Village Plaza Condominiums, Town of Vail, Eagle County, Colorado, in the manner more fully set forth above.
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SCHEDULE I
EXHIBIT B
(Attached to and made part of Seventh Amendment to Condominium Declaration for Vail Village Plaza Condominiums
Interests in General Common Elements
Unit
Percentage Ownership in
General Common Elements
Appurtenant to the Unit and Unit’s Sharing Ratio of
Common Expenses Unit
Percentage Ownership
in General Common Elements
Appurtenant to the Unit and Unit’s Sharing Ratio of
Common Expenses
1 3.911 15 5.415
2 0.254 16 0.981
3 0.349 17 1.792
4 0.355 18 3.357
5 4.875 19 0.567
6A 3.374 20 1.627
6B 1.454 21 1.635
6C 1.250 22 1.800
7A 2.891 23 4.344
7B 0.584 24 8.406
8 3.055 25 7.657
9 2.418 27 6.636
10 0.559 29 5.703
11 0.240 30 11.297
12 0.780 31 1.171
13 2.415 32 7.702
14 1.146
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Condominium Owner Consent
Vail Village Plaza Condominium Unit(s) ___
The undersigned Owner of Unit(s) _______ in the Vail Village Plaza Condominiums
hereby consents to the above Seventh Amendment to Condominium Declaration for Vail Village Plaza Condominiums and appoints the President of the Vail Village Plaza Condominium
Association as its agent and attorney-in-fact to execute the Sixth Amendment to the Amended
Condominium Map For Vail Village Plaza Condominiums, Town of Vail, Eagle County,
Colorado, in the manner more fully set forth in such Seventh Amendment to Condominium
Declaration for Vail Village Plaza Condominiums.
_________________________
By: ___________________________________________
Title: __________________________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2015, by ________________, ______________ of .
My commission expires: ___________________.
Witness my hand and official seal.
______________________________________________
Notary Public
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First Lienholder Consent
Vail Village Plaza Condominium Unit(s) ________
The undersigned first Lienholder of Unit(s) ______ in the Vail Village Plaza
Condominiums hereby consents to the above Seventh Amendment to Condominium Declaration for Vail Village Plaza Condominiums and appoints the President of the Vail Village Plaza
Condominium Association as its agent and attorney-in-fact to execute the Sixth Amendment to
the Amended Condominium Map For Vail Village Plaza Condominiums, Town of Vail, Eagle
County, Colorado, in the manner more fully set forth in such Seventh Amendment to
Condominium Declaration for Vail Village Plaza Condominiums
______________________________________________
By: ___________________________________________
Title: __________________________________________
STATE OF COLORADO )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2015, by ___________________________, as ____________ of .
My commission expires: ___________________.
Witness my hand and official seal.
______________________________________________
Notary Public