The URL can be used to link to this page

Home My WebLink AboutADM09000841A& T(~4Y਍ഀ NADMINISTRATIVE ACTION FORM਍ഀ Department of Community Development਍ഀ 75 South Frontage Road਍ഀ Vail, CO 81657਍ഀ tel: 970-479-2138 fax: 970-479-2452਍ഀ web: www.vailgov.com਍ഀ Project Name: MEADOWLARK DUPLEX਍ഀ Application Type: DupSubPl਍ഀ ADM Number: ADM090008਍ഀ Parcel: 2101-131-0401-0਍ഀ 2101-131-0402-9਍ഀ Project Description: DUPLEX PLAT REVIEW FOR NEW TWO-FAMILY DWELLING਍ഀ Participants:਍ഀ OWNER MEADOWLARK DEVELOPMENT PARTN 06/17/2009਍ഀ PO BOX 6605਍ഀ TYLER਍ഀ TX 75711਍ഀ APPLICANT MEADOWLARK DEVELOPMENT PARTN 06/17/2009਍ഀ PO BOX 6605਍ഀ TYLER਍ഀ TX 75711਍ഀ Project Address: 4852 MEADOW LN VAIL਍ഀ 4852/4856 MEADOW LANE਍ഀ Location:਍ഀ Legal Description: Lot: 11 Block: 7 Subdivision: BIGHORN 5TH ADDITION਍ഀ Comments:਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: Action: APPROVED਍ഀ Second By:਍ഀ Vote: Date of Approval: 07/06/2009਍ഀ Meeting Date:਍ഀ Conditions:਍ഀ Cond: 8਍ഀ (PLAN): No changes to these plans may be made without the written consent of Town of਍ഀ Vail staff and/or the appropriate review committee(s).਍ഀ Planner: RACHEL FRIEDE DRB Fee Paid: $100.00਍ഀ Department,of,Community Development,:਍ഀ 73 South Fr_ntage . o4਍ഀ Vail, arptacr਍ഀ Duplex Subdivisions D਍ഀ Application for Review by the਍ഀ Planning and Environmental Commissi :9਍ഀ General Information: The required approval for a duplex subdivision or resubdivision of Ian irrldrd t}b~lbC x M਍ഀ structure will require town approval through the administrator, subject to review by other Town of Vail departments.਍ഀ No duplex subdivision shall be approved unless the lots are improved with at least foundations for both units existing at਍ഀ the time of submittal. Please see Section 13-8, Duplex Subdivisions, Vail Town Code for more detailed information. Vail਍ഀ Town Code can be found on the Town's website at www.vailgov.com.਍ഀ Fee: $100਍ഀ Recording Fees: Please visit the Eagle County website httr)://www.eaglecounty.us/clerk/i)ublicRecords.cfm for਍ഀ the most up-to-date recording fees and check with your planner prior to submitting the payment. A check written਍ഀ out to the Eagle County Clerk and Recorder is required to be submitted once the plat has been approved by the਍ഀ Planning and Environmental Commission and prior to the recording of the plat.਍ഀ Description of the Request: 0i . -_1 `.'X 7(-.4i਍ഀ Physical Address: I'►1 a.,J LAN~~਍ഀ Parcel Number: a 2 ~7 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ Property Owner: McSw LAgrd- Irv&1,o,0-~, ra/ai4~iJ's GL~਍ഀ Mailing Address: 7Yt਍ഀ Phone: 3 -਍ഀ Owner's Signature: L--(-਍ഀ Primary Contact/ Owner Representative: ,SAry~ "f C਍ഀ Mailing Address: 1322!=-਍ഀ Phone: 86 9X਍ഀ E-Mail: SAr►n lsy/ ~~~NG~, i4ra.: y711- ooS਍ഀ For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check # 10G Q਍ഀ Fee Paid: M •Ce Received From: W ~la(k l/਍ഀ Meeting Date: PEC No.: I> M਍ഀ Planner: Project No: T 91-C )v -6 00 9਍ഀ Zoning:਍ഀ Location of the Proposal: Lot:਍ഀ Land Use:਍ഀ Block: _ Subdivision: (l.~IlOrh e4 y\਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ Statement Number: R090000696 Amount: $100.00 06/17/200902:13 PM਍ഀ Payment Method: Check Init: JLE਍ഀ Notation: 1054਍ഀ MEADOWLARK DEVELOPMENT਍ഀ ਍ഀ Permit No: ADM090008 Type: Administrative਍ഀ Parcel No: 2101-131-0401-0਍ഀ 2101-131-0402-9਍ഀ Site Address: 4852 MEADOW LN VAIL਍ഀ Location: 4852/4856 MEADOW LANE਍ഀ Total Fees: $100.00਍ഀ This Payment: $100.00 Total ALL Pmts: $100.00਍ഀ Balance: $0.00਍ഀ ACCOUNT ITEM LIST:਍ഀ Account Code Description Current Pmts਍ഀ ਍ഀ PV 00100003112500 Administrative Fee 100.00਍ഀ ਍ഀ ALT A Commitment (6117/06)਍ഀ ALTA Commitment Form਍ഀ TITLE INSURANCE਍ഀ COMMITMENT Issued OR h਍ഀ title guaranty company਍ഀ PTOWN OF VA11 ra Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a va ua e~nnsr ,਍ഀ commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the਍ഀ Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land਍ഀ described or referred to in Schedule A, upon payment of the premiums and charges and compliance with਍ഀ the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this਍ഀ Commitment.਍ഀ This Commitment shall be effective only when the identity of the Proposed Insured and the amount of਍ഀ the policy or policies committed for have been inserted in Schedule A by the Company.਍ഀ All liability and obligation under this Commitment shall cease and terminate six months after the਍ഀ Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided਍ഀ that the failure to issue the policy or policies is not the fault of the Company.਍ഀ The Company will provide a sample of the policy form upon request.਍ഀ This commitment shall not be valid or binding until countersigned by a validating officer or authorized਍ഀ signatory.਍ഀ IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to਍ഀ be hereunto affixed by its duly authorized officers on the date shown in Schedule A.਍ഀ Countersigned:਍ഀ Authoriz o 'pd=਍ഀ Stewart Title of Colorado - Vail Division਍ഀ 97 Main St., Suite W-201਍ഀ Edwards, Colorado 81632਍ഀ Phone Number. (970) 926-0230਍ഀ title guaranty company਍ഀ t SLE.4਍ഀ `f. ~►o s਍ഀ f.:i 7909 o਍ഀ rF x AS਍ഀ Senior Chairman of the Board਍ഀ Chairman of the t3oerd਍ഀ 1A~਍ഀ President਍ഀ ALTA Commitment (6/17106)਍ഀ CONDITIONS਍ഀ 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security਍ഀ instrument.਍ഀ 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse਍ഀ claim or other matter affecting the estate or interest or mortgage thereon covered by this਍ഀ Commitment other than those shown in Schedule B hereof, and shall fail to disclose such਍ഀ knowledge to the Company in writing, the Company shall be relieved from liability for any loss or਍ഀ damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure਍ഀ to so disclose such knowledge. if the proposed Insured shall disclose such knowledge to the਍ഀ Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,਍ഀ encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of਍ഀ this Commitment accordingly, but such amendment shall not relieve the Company from liability਍ഀ previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.਍ഀ 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and਍ഀ such parties included under the definition of Insured in the form of policy or policies committed for਍ഀ and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with਍ഀ the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or਍ഀ create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such਍ഀ liability exceed the amount stated in Schedule A for the policy or policies committed for and such਍ഀ liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions਍ഀ from Coverage of the form of policy or policies committed for in favor of the proposed Insured਍ഀ which are hereby incorporated by reference and are made a part of this Commitment except as਍ഀ expressly modified herein.਍ഀ 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of਍ഀ title or a report of the condition of title. Any action or actions or rights of action that the proposed਍ഀ Insured may have or may bring against the Company arising out of the status of the title to the estate਍ഀ or interest or the status of the mortgage thereon covered by this Commitment must be based on and਍ഀ are subject to the provisions of this Commitment.਍ഀ 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of਍ഀ Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the਍ഀ Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<਍ഀ http •//ivtii,n, alta. org/>.਍ഀ e r਍ഀ IL title guaranty company਍ഀ All notices required to be given the Company and any statement in writing required to be furnished the Company shall be਍ഀ addressed to it at P.O. Box 2029, Houston, Texas 77252.਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE A਍ഀ 1. Effective Date: at 8:00 a.m.਍ഀ 2. Policy or Policies To Be Issued:਍ഀ (a) A.L.T.A. Owner's਍ഀ (b) A.L.T.A. Loan਍ഀ Order No.: 7038858a਍ഀ Amount of Insurance਍ഀ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is:਍ഀ Fee Simple਍ഀ 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:਍ഀ MEADOWLARK DEVELOPMENT PARTNERS, LLC, A COLORADO LIMITED LIABILITY਍ഀ COMPANY਍ഀ 5. The land referred to in this Commitment is described as follows:਍ഀ Lot 11,਍ഀ Block 7,਍ഀ BIGHORN SUBDIVISION FIFTH ADDITION,਍ഀ A RESUBDIVISION OF LOTS 11 & 12, BLOCK 7,਍ഀ According to the plat recorded April 13, 2007 as Reception No. 200709528.਍ഀ COUNTY OF EAGLE਍ഀ STATE OF COLORADO਍ഀ Purported Address:਍ഀ 4852 Meadow Lane਍ഀ Vail, Colorado 81657਍ഀ Order No.: 7038858a਍ഀ ALTA Commitment (6(17/06) - Schedule A਍ഀ Page I of I਍ഀ STATEMENT OF CHARGES਍ഀ These charges are due and payable਍ഀ before a Policy can be issued:਍ഀ ~J fi1~r r r~i਍ഀ title guaranty company਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE B - Section I਍ഀ REQUIREMENTS਍ഀ Order Number: 7038858a਍ഀ The following are the requirements to be complied with:਍ഀ 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the਍ഀ estate or interest to be insured.਍ഀ 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for਍ഀ reco u.਍ഀ 3. THIS REPORT IS FOR INFORMATIONAL PURPOSES ONLY਍ഀ Order No.: 7038958a਍ഀ ALTA Commitrmnt itment (6111/06) - Schedule B i਍ഀ 7S~~~਍ഀ Page 1 of I title guaranty company਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE B - Section 2਍ഀ EXCEPTIONS਍ഀ Order Number: 7038858a਍ഀ The policy or policies to be insured will contain exceptions to the following unless the same are਍ഀ disposed of to the satisfaction of the Company:਍ഀ 1. Rights or claims of parties in possession, not shown by the public records.਍ഀ 2. Easements, or claims of easements, not shown by the public records.਍ഀ 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title਍ഀ that would be disclosed by an accurate and complete land survey of the Land and not shown by the਍ഀ public records.਍ഀ 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed਍ഀ by law and not shown by the public records.਍ഀ 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the਍ഀ public records or attaching subsequent to the effective date hereof, but prior to the date the਍ഀ proposed insured acquires of record for value the estate or interest or mortgage thereon covered by਍ഀ this commitment.਍ഀ 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance਍ഀ thereof.਍ഀ 7. Water rights, claims or title to water.਍ഀ 8. Any and all unpaid taxes and assessments and any unredeemed tax sales.਍ഀ 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil਍ഀ conservation or other district or inclusion in any water service or street improvement area.਍ഀ 10. Reservations and exceptions in Patents, or Acts authorizing the issuance thereof, including the਍ഀ reservation of the right of proprietor of a vein or lode to extract and remove his ore therefrom਍ഀ should the same be found to penetrate or intersect the premises as reserved in United States Patent਍ഀ recorded September 13, 1902 in Book 48 at Page 491.਍ഀ 11. Declaration of Protective Covenants for Bighorn Subdivision Fifth Addition recorded November਍ഀ 25, 1966 in Book 175 at Page 445 as Reception No. 105001.਍ഀ 12. All matters shown on the Plat of Bighorn Subdivision Fifth Addition recorded November 25, 1966਍ഀ as Reception No. 105002.਍ഀ Note: Vacation and Abandonment of Existing Easement recorded November 15, 1977 in Book 262਍ഀ at Page 321 as Reception No. 158676.਍ഀ Order No.: 703X85b਍ഀ ALTA Commitment (6!17/06) - Schedule B 2 Fstewaft਍ഀ Page I of 2 title guaranty company਍ഀ 13. Decree of Inclusion in the Bighorn Fire Protection District recorded as Reception No. 118234.਍ഀ 14. All matters shown on the Amended Final Plat recorded April 13, 2007 as Reception No.਍ഀ 200709528.਍ഀ 15. Trench, Conduit, and Vault Agreement recorded July 27, 2007 as Reception No. 200719924.਍ഀ 16. Variance recorded October 11, 2007 as Reception No. 200727311.਍ഀ 17. A Deed of Trust dated June 15, 2007, executed by Meadowlark Development Partners, LLC, a਍ഀ Colorado limited liability company, to the Public Trustee of Eagle County, to secure an਍ഀ indebtedness of $3,275,000.00 in favor of American National Bank recorded June 21, 2007 as਍ഀ Reception No. 200716582.਍ഀ Disburser's Notice recorded June 21, 2007 as Reception No. 200716583.਍ഀ 18. Mechanic's Lien from Gerardo Sanchez and GS Concrete, Inc. evidenced by Statement of Lien in਍ഀ the amount of $18,298.97, recorded December 9, 2008 as Reception No.200825981.਍ഀ Order No.: 5 ~਍ഀ ALTA Commitment itment (6/17/06) - Schedule B 2਍ഀ Page 2 of 2 tine guaranty company਍ഀ DISCLOSURES਍ഀ Order Number: 7038858a਍ഀ Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that:਍ഀ A. The subject real property may be located in a special taxing district;਍ഀ B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the਍ഀ county treasurer's authorized agent;਍ഀ C. Information regarding special districts and the boundaries of such districts may be obtained from the board of਍ഀ county commissioners, the county clerk and recorder, or the county assessor.਍ഀ Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall਍ഀ be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts਍ഀ the closing and is responsible for recording or filing of legal documents resulting from the transaction which was਍ഀ closed." Provided that Stewart Title of Colorado - Vail Division conducts the closing of the insured transaction and਍ഀ is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the਍ഀ Owner's Title Policy and the Lender's Title Policy when issued.਍ഀ Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception਍ഀ No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the਍ഀ following conditions:਍ഀ A. The land described in Schedule A of this commitment must be a single-family residence, which includes a਍ഀ condominium or townhouse unit.਍ഀ B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on਍ഀ the land described in Schedule A of this Commitment within the past 6 months.਍ഀ C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled਍ഀ mechanic's and Materialmen's Liens.਍ഀ D. The Company must receive payment of the appropriate premium.਍ഀ E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,਍ഀ within six months prior to the Date of the Commitment, the requirements to obtain coverage for਍ഀ unrecorded lines will include: disclosure of certain construction information; financial information as to਍ഀ the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity਍ഀ agreements satisfactory to the company; and, any additional requirements as may be necessary after an਍ഀ examination of the aforesaid information by the Company.਍ഀ No coverage will be given under any circumstances for labor or material for which the insured has contracted for or਍ഀ agreed to pay.਍ഀ Note: Pursuant to C.R.S. 10-11-123, notice is hereby given:਍ഀ A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the਍ഀ surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,਍ഀ other minerals, or geothermal energy in the property; and਍ഀ B. That such mineral estate may include the right to enter and use the property without the surface owner's਍ഀ permission.਍ഀ This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,਍ഀ in Schedule B, Section 2.਍ഀ NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE਍ഀ ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY਍ഀ SATISFIED.਍ഀ Order No. 7038858a਍ഀ Stewart Title of Colorado - fail Division਍ഀ Disclosures਍ഀ Privacy Policy Notice਍ഀ PURPOSE OF THIS NOTICE਍ഀ Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or਍ഀ through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third਍ഀ party unless the institution provides you with a notice of its privacy policies and practices, such as the਍ഀ type of information that it collects about you and the categories of persons or entities to whom it may be਍ഀ dirr1.^3eA. In .^.^.n:pliance gnfl, the C:T R A z»e are nrn ding ynll with thig do urnent, which notifies vnlt of਍ഀ the privacy policies and practices of Stewart Title Guaranty Company.਍ഀ We may collect nonpublic personal information about you from the following sources:਍ഀ • Information we receive from you, such as on applications or other forms.਍ഀ • Information about your transactions we secure from our files, or from our affiliates or others.਍ഀ • Information we receive from a consumer reporting agency.਍ഀ • Information that we receive from others involved in your transaction, such as the real estate agent਍ഀ or lender.਍ഀ Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic਍ഀ personal information will be collected about you.਍ഀ We may disclose any of the above information that we collect about our customers or former customers਍ഀ to our affiliates or to nonaffiliated third parties as permitted by law.਍ഀ We also may disclose this information about our customers or former customers non affiliated companies਍ഀ that perform services on our behalf.਍ഀ WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH਍ഀ ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.਍ഀ We restrict access to nonpublic personal information about you to those employees who need to know਍ഀ that information in order to provide products or services to you. We maintain physical, electronic, and਍ഀ procedural safeguards that comply with federal regulations to guard your nonpublic personal information.਍ഀ Some states give you the right to access and correct nonpublic personal information. You may contact us਍ഀ in writing at out Home Office, if your state law gives you this right.਍ഀ Revised 6105਍ഀ Privacy Policy Notice਍ഀ PURPOSE OF THIS NOTICE਍ഀ Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or਍ഀ through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third਍ഀ party unless the institution provides you with a notice of its privacy policies and practices, such as the਍ഀ type of information that it collects about you and the categories of persons or entities to whom it may be਍ഀ A;-1-Jed. In comphiance riiui u,e GLB we are "rvvidii" "vu -LUX tliiS dvvullent ..f਍ഀ O Y nr Y S Y" , .jjjvjl uvualvu Jvu vi਍ഀ the privacy policies and practices of Stewart Title of Colorado - Vail Division.਍ഀ We may collect nonpublic personal information about you from the following sources:਍ഀ • Information we receive from you, such as on applications or other forms.਍ഀ + Information about your transactions we secure from our files, or from our affiliates or others.਍ഀ + Information we receive from a consumer reporting agency.਍ഀ • Information that we receive from others involved in your transaction, such as the real estate agent਍ഀ or lender.਍ഀ Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic਍ഀ personal information will be collected about you.਍ഀ We may disclose any of the above information that we collect about our customers or former customers਍ഀ to our affiliates or to nonaffiliated third parties as permitted by law.਍ഀ We also may disclose this information about our customers or former customers non affiliated companies਍ഀ that perform services on our behalf.਍ഀ WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH਍ഀ ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.਍ഀ We restrict access to nonpublic personal information about you to those employees who need to know਍ഀ that information in order to provide products or services to you. We maintain physical, electronic, and਍ഀ procedural safeguards that comply with federal regulations to guard your nonpublic personal information.਍ഀ Some states give you the right to access and correct nonpublic personal information. You may contact us਍ഀ in writing at out Home Office, if your state law gives you this right.਍ഀ Revised 6105਍ഀ PARTY WALL AGREEMENT AND਍ഀ DECLARATION OF਍ഀ COVENANTS, CONDITIONS AND RESERV਍ഀ FOR਍ഀ LOTS I IA AND I IB, A RESUBDIVISION OF਍ഀ BLOCK 7, BIGHORN 5' ADDITION਍ഀ E«E~W E 1~਍ഀ A JNS਍ഀ L 11਍ഀ T6WN OF VAIL਍ഀ TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO਍ഀ I. RECITALS਍ഀ Meadowlark Development Partners, LLC ("Declarant") is the Owner in fee simple of the਍ഀ real property situate in the Town of Vail, County of Eaglet State of Colorado, described as a਍ഀ Resubdivision of Lot 11, Bock 7, Bighorn 5t' Addition. Lot 11 is a duplex lot.਍ഀ Declarant has constructed on said Lot 11 certain improvements, intended for use and਍ഀ occupancy as residential dwelling Units and which consist of two dwelling Units to be਍ഀ designated hereafter as "Lot 11A" and "Lot 1113" or collectively as ``Lots".਍ഀ Said Lot 11 has been subdivided into Lot I I A which shall contain 4852 Meadow Lane਍ഀ East Half and may be designated as such herein, and Lot 11B. ~ hich shall contain 4852 Meadow਍ഀ Lane West Half and may be designated as such herein.਍ഀ II. DECLARATION਍ഀ Declarant does hereby publish and declare that the following terms, covenants,਍ഀ conditions, easements, restrictions, uses, reservations, limitations and obligations shall be਍ഀ deemed to run with the land described herein, shall be a burden and a benefit to Declarant, their਍ഀ personal representatives. heirs, successors and assigns, and to any person acquiring or owning an਍ഀ interest in the real property which is described herein, and improvements built thereon, their਍ഀ grantees. personal representatives, heirs, successors and assigns.਍ഀ Definitions਍ഀ Unless the context shall expressly provide otherwise, the following terms shall have the਍ഀ following meanings:਍ഀ (a) "The Properties" shall mean all of the real estate legally described as Lots਍ഀ I I A and 11B, and also known as 4852 Meadow Lane East Half and 4852 Meadow Lane West਍ഀ Half respectively, a resubdivision of Lot 11, Block 7, Bighorn 5th Addition, Town of Vail, Eagle਍ഀ County, Colorado, according to the Final Plat Map thereof recorded in Book , Page਍ഀ Reception Number R200709528 Map 4-13-07 of the records of the Clerk and Recorder਍ഀ of Eagle County, Colorado.਍ഀ (b) "Lot" or "Parcel" means Lot I IA and 11B as shown on the Map together਍ഀ with all easements, encumbrances, appurtenances, and improvements, including the Units.਍ഀ Gordon/Party Wall Agreement and਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ (c) "Duplex" or "Building" shall mean the structure containing (2) contiguous਍ഀ dwelling Units (i.e. each dwelling being one-half of a duplex) constructed upon the Lots.਍ഀ (d) "Unit" shall mean any one of the (2) two dwellings comprising the਍ഀ "Duplex" or "Building" constructed upon the Lots pursuant to the Map, including the Lots.਍ഀ (e) "Common Access Easement" shall mean any such non-exclusive,਍ഀ reciprocal easement and right of way for ingress, and egress, appurtenant to each Lot, for the use਍ഀ of each owner, over, across and through that part of the other Owner's Loy,, as indicated on the਍ഀ Map.਍ഀ (f) "Owner" shall mean a person, persons, ti rm, corporation, partnership or਍ഀ association, other legal entity, or any combination thereof, owning an interest in the Properties.਍ഀ (g) "Map" shall mean the Final Plat of the Properties prepared by਍ഀ , depicting and locating with specilicitN thereon the Lots, Units and other਍ഀ improvements, the easements and setbacks, such land and improvements being hereby submitted਍ഀ to this Declaration. Such Map shall be recorded in the office of the Eagle County Clerk and਍ഀ Recorder together with the recordation of this Declaration.਍ഀ (h) "Assessment" means any periodic or one time charge to cover the cost of਍ഀ any expense or charge that becomes due and o« ing by virtue of this declaration.਍ഀ 2. DESCRIPTION AND RESERI- I NON. Ever% Contract of Sale, Deed, Lease,਍ഀ Mortgage, Trust, Deed, 1~`Ill or other instrument may legally describe a Unit or real property਍ഀ interest therein as follows:਍ഀ Lots 11 A or IIB (as the case may be), according to the recorded਍ഀ Final Plat Map thereof and according to the Party Wall Agreement਍ഀ wid Declaration of Covenants, Conditions and Restrictions for Lot਍ഀ 11A and 11}3. a resubdivision of Lot 11, Block 7, Bighorn 5a'਍ഀ Addition, Town of Vail_ recorded in Book at Page , as਍ഀ Reception No. 1:200709528 Map 4-13-07 of the records of the਍ഀ Clerk and Recorder of Eagle County, Colorado.਍ഀ Every such description shall be good and sufficient for all purposes to sell, convey,਍ഀ transfer, encumber or otherwise affect the improvements, Lots, Units, and all appurtenant rights,਍ഀ benefits and burdens thereto, as created by the provisions of this Declaration, and each such਍ഀ description shall be so construed. This provision shall apply to the Properties as said term ("the਍ഀ Properties") is defined in this Declaration.਍ഀ 3. PROPERTYDIVISION.਍ഀ (a) Declarant hereby subdivides Lot 11 into two (2) parcels for ownership in਍ഀ fee simple by the individual and separate owners of Lot 11A and Lot 11B as more particularly਍ഀ Gordon/Party Wall Agreement and 2਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ described on the Map thereof. Each Lot shall be subject to the easements and setbacks noted on਍ഀ the Map and those set forth herein, as well as in the Declaration.਍ഀ (b) Lot 11A and Lot 11B shall have appurtenant thereto a non-exclusive਍ഀ reciprocal easement and right-of-way for ingress and egress, which shall be inseparable from਍ഀ Unit 11 A and Unit 11 B.਍ഀ (c) No Owner shall bring any action for partition or division of Lot 1 IA and਍ഀ Lot 11B.਍ഀ (d) In the event Lot 11A and Lot 11B are owned by the same entities, the਍ഀ doctrine of merger shall not apply.਍ഀ (e) The parties, if more than one, having the ownership of each lot, shall agree਍ഀ among themselves how to share the rights and obligations of such o«nership; provided,਍ഀ however, that if a corporation, partnership, association or other legal entity shall become an਍ഀ Owner of a Lot, or if more than one shall have the concurrent ownership of a Lot, then such਍ഀ entity or concurrent Owners shall from time to time designate one individual who shall represent਍ഀ such entity or concurrent Owners in all matters concerning all rights and obligations pursuant to਍ഀ this Declaration.਍ഀ (f) Any such entity or concurrent Owner shall give written notice to the other਍ഀ Owner designating the individual to act on its or their behalf. and such notice shall be effective਍ഀ until revoked in writing by such entity or Owners. Any act or omission by such designated਍ഀ individual shall be binding on the entity or Owners having designated him in favor of the other਍ഀ Owner or any person who may rely thereupon.਍ഀ (g) Each Unit and L-ot together shall be considered a separate parcel of real਍ഀ property and shall be separately assessed and ta_es.਍ഀ 4. ENCROACHAIFATS. If any portion of Unit I IA or Unit IIB now encroaches਍ഀ upon the other Lot as a result of the construction of any building, or if any such encroachment਍ഀ shall occur hereafter as a result of settling or shifting of any building, a valid easement for this਍ഀ encroachment and for the maintenance of the same so long as the building stands, shall exist. In਍ഀ the event any unit shall be partially or totally destroyed as a result of fire or other casualty or as਍ഀ a result of condemnation or eminent domain proceedings and then rebuilt, encroachments of਍ഀ parts of the Unit on the other parcel due to such rebuilding, shall be permitted, so long as such਍ഀ encroachments are of not greater extent than those previously existing, and valid easements for਍ഀ such encroachments and the maintenance thereof shall exist so long as the building shall stand.਍ഀ 5. PARTY WALL.਍ഀ (a) The common wall placed equally divided on the common boundary਍ഀ separating Lot I IA and Lot 11B, the footings underlying, and the portion of roof (if applicable)਍ഀ over such wall are collectively referred to herein as the "Party Wall".਍ഀ Gordon/Party Wall Agreement and 3਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ (b) To the extent not inconsistent with this Declaration, the general rules of਍ഀ law regarding party walls and liability for damage due to negligence, willful acts or omissions਍ഀ shall apply to the Party Wall.਍ഀ (c) The Owners of each Lot shall have a perpetual easement in and to that part਍ഀ of the other Unit on which the Party Wall is located, for party wall purposes, including਍ഀ inspection, mutual support, maintenance, repair, replacement, and reconstruction. In the event of਍ഀ damage to or destruction of the Party Wall from any cause, then the Owners shall at joint਍ഀ expense, inspect, maintain, repair, or rebuild said Party Wall, and each Owner shall have the਍ഀ right to the full use of said Party Wall so repaired and rebuilt. Not, thstanding anything਍ഀ contained above to the contrary, if the negligence, willful act or omission of any Owner, his਍ഀ family, agent, guest, tenant or invitee, shall cause damage to, or destruction of, the Party Wall,਍ഀ such Owner shall bear the entire cost of repair, maintenance, or reconstruction, and an Owner਍ഀ shall bear the entire cost of investigation, maintenance, repair, or reconstruction, and an Owner਍ഀ who by his negligent or willful act causes the Party Wall to be exposed to the elements shall bear਍ഀ the full costs of furnishing the necessary protection against such elements.਍ഀ 6. LANDSCAPING, COMMON UTILITIES AND PAR H,, G.਍ഀ (a) The Owners from time to time shall undertake such landscaping and਍ഀ general outdoor improvements including. but not limited to, driveway and parking areas, as they਍ഀ may mutually and unanimously deem proper for the harmonious improvement of both Lots in a਍ഀ common theme, and, except for any expense or liability cause through the negligence or willful਍ഀ act of an Owner, his family. agent, guest, tenant. licensee or invitee, which shall be borne solely਍ഀ by such Owner. Each Owner shall share all expenses, liabilities and general upkeep਍ഀ responsibilities with respect to such landscaping, exterior maintenance, (except painting as਍ഀ described below) and outdoor improvements including driveways, parking areas, walkways, and਍ഀ paving. However, it is understood and agreed to between the parties that each party shall be਍ഀ solely responsible for the general upkeep of their respective yards and landscaping on their Lots਍ഀ and shall bear said costs individually.਍ഀ (b) Cummon utility or service connections or lines, common facilities or other਍ഀ equipment and property located in or on either of the Units but used in common with the other਍ഀ Unit, if any. shall be owned as tenants in common of an equal undivided one-half (1/2) interest਍ഀ by the Owners of each Unit and, except for any expense or liability caused through the਍ഀ negligence or willful act of any Owner, his family, agent, tenant, guest, licensee or invitee, which਍ഀ shall be borne solely by such Owner, all expenses and liabilities concerned with such property਍ഀ shall be shared proportionately with such ownership. The Owner of the Unit on which such਍ഀ property is not located shall have perpetual easement in and to that part of such other Unit਍ഀ containing such property as is reasonably necessary for purposes of maintenance, repair and਍ഀ inspection.਍ഀ (c) It is expected that the common access easement and parking area will be਍ഀ provided on a portion of each of the Lots. There is hereby created a non-exclusive reciprocal਍ഀ easement and right-of-way for each Owner over, across and through that part of the other਍ഀ Owner's Lot as provided on the Map. The Owners shall have equal right to the use of such਍ഀ Gordon/Party Wall Agreement and 4਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ access easement and no Owner shall hinder or permit his guests, tenants, invitees or others to਍ഀ hinder reasonable access by the other Owner and his invitees, guests or tenants to the other਍ഀ Owner's Unit or Lot, or park or permit his guests, tenants or invitees to park any vehicle in the਍ഀ access easement without the consent of the other Owner. It is presumed that snowplowing will਍ഀ be required from time to time and the costs of which will be shared equally by the Owners.਍ഀ Other maintenance, repair, or improvement of the parking access easement may be required from਍ഀ time to time, and the same shall be undertaken upon the unanimous agreement of the Owners਍ഀ who shall share all expenses, equally.਍ഀ (d) Certain water and sewer line easements, and gtility and drainage਍ഀ easements contained on the Map are covered by the provisions of this agreement concerning਍ഀ access and financial obligations for repair, maintenance and replacement.਍ഀ 7. ALTERATION MAINTENANCE REPLACEMENT, AND REPAIRS.਍ഀ (a) In addition to maintenance pro- ided for in paragraph 6, the (hvners shall਍ഀ pay their proportionate share as allocated in paragraph 8 of the total cost allocated to each parcel,਍ഀ in order to provide exterior maintenance, exterior repair, and replacement upon the Units and all਍ഀ portions of the parcel upon which each Unit is located including, but not limited to the exterior of਍ഀ the Building, driveway, walkways, paving, and the roof of the building housing the Units਍ഀ (provided, however, that if the condition requiring repair or replacement only affects one of the਍ഀ Units, the Owner of that Unit shall bear the entire cost thereof). Repair, replacement or cleaning਍ഀ 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,' his family, agent, guest, tenant,਍ഀ licensee or invitee, such Owner shall bear the entire cost of such repair or reconstruction (to the਍ഀ extent that such damage is not covered by insurance). Both Units shall be painted on the exterior਍ഀ at the same time and with the same materials, in the same color and brand, and quality of paint਍ഀ and stain and no exterior modifications shall be made to the exterior or color of the Building or਍ഀ Units without unanimous written approval of both parties and the Town of Vail and/or such other਍ഀ entity having regulatory control over such actions. All repairs at the joinder point of the਍ഀ respective roofs shall be borne equally by the parties; irrespective of which Unit, or which side਍ഀ of the party wall, the actual point of damage or failure necessitating the repair is located.਍ഀ (b) In the evont an Owner fails to maintain, preserve, and replace as needed,਍ഀ the Unit, driveway, trees, shrubs and grass ("landscaping") within the property boundaries of his਍ഀ Lot commensurate with the standards set by this document and the Town of Vail Design Review਍ഀ Committee, or such other- entity having regulatory control over such actions, the other Owner਍ഀ may, after fifteen (15) days written notice to that Owner (if within said time the Owner has failed਍ഀ to make a good faith effort to bring his landscaping into substantial conformity with the਍ഀ requirements of this document or the Town of Vail, contract with responsible parties to bring to਍ഀ standard the offending Owner's deficiencies and charge the Owner therefore with such cost shall਍ഀ be added to and become a part of the assessment to which such Lot is subject. The Owner਍ഀ hereby grants to the other Owner, its agents and assigns, an irrevocable easement to perform the਍ഀ aforesaid work.਍ഀ Gordon/Party Wall Agreement and 5਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ (c) Each Owner shall be solely responsible for maintenance and repair of the਍ഀ inside of his Unit including fixtures and improvements and all utility lines and equipment located਍ഀ herein and serving such Unit only; and window glass and frames shall be deemed interior਍ഀ maintenance. In performing such maintenance and repair, or in improving or altering this Unit,਍ഀ no Owner shall do any act or work which impairs the structural soundness of either Unit or the਍ഀ Party Wall or which interferes with any easement granted or reserved herein, or he/she shall be਍ഀ liable for damages.਍ഀ (d) Utility or service connections or lines, facilities or other utility equipment਍ഀ and property located in, on or upon either of the Units or Lots, which are used solely to supply a਍ഀ service or utility to one Unit shall be owned by the Owner of the Unit using such utility or਍ഀ service and all expenses and liabilities for repair and maintenance shall be borne solely by the਍ഀ Owner of such Unit, which shall have a perpetual easement in and to that part of such other Lot਍ഀ or Unit containing such property as is reasonably necessary for purposes of maintenance, repair਍ഀ or inspection.਍ഀ (e) No Owner shall make or suffer an\ structural or design change (including਍ഀ a color scheme change), either permanent or temporary, and of auiy=type or nature whatsoever to਍ഀ the exterior of his Unit, or construct any additional building or structure of any type or nature਍ഀ whatsoever upon any part of his lot without first obtaining the prior written consent thereto from਍ഀ the other Owner and any applicable governmental, Owner's association, or design and review਍ഀ committee. In case of damage or destruction of any Unit or any part thereof by any cause਍ഀ whatsoever, the Owner of such Unit shall cause ith due diligence the Unit to be repaired and਍ഀ restored, applying 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 harmonious manner, to promote਍ഀ the common theme of both Units. However, either Owner may without the previous written਍ഀ consent of the other' add or enlarge their windows if approved by the applicable design and਍ഀ review committee; or the Town of Vail.਍ഀ (f) Snow shoveling and ~-,cneral maintenance of the common driveway access਍ഀ including paving and sealing shall be boi-ne by the parties equally.਍ഀ ALLOCATION OF EXPENSES.਍ഀ Common costs and common expenses of landscaping, paving, painting, alteration,਍ഀ maintenance, repairs and replacement, except as modified herein or as caused by the negligence਍ഀ or willful act of an Owner, shall be allocated in the following proportions:਍ഀ Lot I IA 50.0%਍ഀ Lot 11B 50.0%਍ഀ 9. MECHANIC'S LIENS. INDEMNIFICATION.਍ഀ (a) Except for item(s) incurred as a common expense as provided for herein, if਍ഀ any Owner shall cause any material to be furnished to his Lot or Unit thereon or any labor to be਍ഀ performed therein or thereon, the other Owner shall not under any circumstance be liable for the਍ഀ Gordow?arty Wall Agreement and 6਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ payment of any expense incurred or for the value of any work done or material furnished; all਍ഀ such work shall be at the expense of the Owner causing it to be done, and such Owner shall be਍ഀ solely responsible to contractors, laborers, materialmen, suppliers and other persons furnishing਍ഀ labor or materials to his Unit or any improvements therein or thereon; nothing herein contained਍ഀ shall authorize either Owner or any person dealing through, with or under either Owner to charge਍ഀ the encumbrance whatever; and, on the contrary (and notice is hereby given) the right and power਍ഀ to charge any lien encumbrance of any kind against one Owner or against one Owner's Unit for਍ഀ work done or material furnished to the other Owner's Unit is hereby expressly denied.਍ഀ (b) Except as provided for below, if, because of any aft or omission of any਍ഀ Owner, any mechanic's or other lien or order for the payment of money shall be filed against the਍ഀ other Owner's Lot, Unit or any improvements therein or thereon. or against any other Owner਍ഀ (whether or not such lien or order is valid or enforceable as such), the Owner whose act or਍ഀ omission forms the basis for such lien or other shall at his own cost and expense cause the same਍ഀ to be cancelled and discharged of record by posting a letter of credit, paying cash or obtaining a਍ഀ bond by a surety company reasonably acceptable to such other Owner, within twent- (20) days਍ഀ after the date of filing thereof, and further shall indemnify and save the other Owner harmless਍ഀ from and against any all costs, expenses, claims, losses or damages, including reasonable਍ഀ attorney's fees, costs, and expert witness fees resulting therefrom.਍ഀ 10. INSURANCE.਍ഀ (a) Each Owner shall keep his Unit and all improvements and fixtures insured਍ഀ against loss or damage by fire and extended coverage perils (including vandalism and malicious਍ഀ mischief) for the maximum replacement value thereof਍ഀ (b) Each O~~ ner shall provide and keep in force, for the protection of himself,਍ഀ general liability and property damage insurance against claims for bodily injury or death or਍ഀ property damage occurring in, on or upon. his Lot and the improvements thereon, in a limit of਍ഀ not less than $1,000,000.00 irrespectitic of bodily injury or death to any number of persons਍ഀ arising out of one accident or disaster, or for damage to property, and if possible against tort਍ഀ liability, such higher limits shall be carried.਍ഀ (c) Each Owner shall deliver to the other Owner certificates evidencing all਍ഀ insurance required to be carried under this paragraph, each containing agreements by the insurers਍ഀ not to cancel or modify the policies without giving the other Owner written notice of at least਍ഀ thirty (30) days. Each Owner shall have the right to inspect and copy all such insurance policies਍ഀ of the other Owner and require evidence of the payment of premiums thereon.਍ഀ (d) Nothing provided in this paragraph shall prevent the Owners from jointly਍ഀ acquiring a single policy to cover any one or more of the hazards required in this paragraph to be਍ഀ separately insured against by each Owner.਍ഀ Gordon/Party Wall Agreement and 7਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ 11. DESTRUCTION OF IMPROVEMENTS.਍ഀ (a) In the event of damage or destruction to a Unit by fire, flood, avalanche,਍ഀ or other disaster, the insurance proceeds, if sufficient to reconstruct the Unit, shall be deposited਍ഀ into a bank account which requires, for withdrawals, the signatures of both the Owners. The਍ഀ Owner shall then promptly authorize the necessary repair and reconstruction work and the਍ഀ insurance proceeds will be applied by the Owner to defray the costs thereof. "Repair and਍ഀ reconstruction" of the Units, as used herein, means restoring the improvements to substantially਍ഀ the same condition in which they existed prior to the damage with each Unit having the same਍ഀ boundaries as before.਍ഀ (b) If the insurance proceeds are insufficient to repair and reconstruct any਍ഀ damaged Unit, such damage or destruction shall be promptly repaired and reconstructed by the਍ഀ Owner using the insurance proceeds and the proceeds of a special assessment against the Owner਍ഀ of the damaged Unit. Any such assessments shall be equal to the amount by which the cost of਍ഀ reconstruction or repair of the Unit exceeds the sum of the insurance proceeds allocable to such਍ഀ Unit. Such assessment shall be due and payable not sooner than thirty (30) days after written਍ഀ notices thereof. The special assessment provided for herein shall be a debt of the Owner and a਍ഀ lien on his Lot and the improvements thereon and may be enforced and collected by foreclosure਍ഀ proceedings in the courts.਍ഀ (c) Notwithstanding the above, the Owners and first mortgagees of any or all਍ഀ of the destroyed or damaged Units may agree that the destroyed or damaged Units shall਍ഀ forthwith be demolished and all debris and rubble caused by such demolition be removed and the਍ഀ Lot(s) regarded and landscaped. The cost of such landscaping and demolition work shall be paid਍ഀ for by any and all insurance proceeds available. Any excess insurance proceeds shall then be਍ഀ disbursed to such Owners and their first mortgagees jointly.਍ഀ 12. RIGHT TO LIEN.਍ഀ (a) If an Owner, at any time, shall neglect or refuse to perform or pay his਍ഀ share of any obligation required hereunder, the other Owner may, but shall not be obligated to,਍ഀ after twenty (20) day's written notice, unless the circumstances require immediate action, make਍ഀ such payment. oa 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 or the undertaking of any work required hereunder for repair, restoration or਍ഀ maintenance, and such other Owner shall have an easement in or to the part of such defaulting਍ഀ Owner's Unit as is reasonably necessary for such work, repair, restoration or maintenance.਍ഀ (b) All sums so paid expended by an Owner, with interest thereon at the rate਍ഀ of eighteen percent (18%) per annum from the date of such payment or expenditure, shall be਍ഀ payable by the Owner so failing to perform (the "defaulting Owner") upon demand of the other਍ഀ Owner.਍ഀ (c) All sums so demanded but unpaid by the defaulting Owner shall constitute਍ഀ a lien on the Unit of the defaulting Owner in favor of the other Owner prior to all other liens and਍ഀ Gordon/Par y Wall Agreement and 8਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ encumbrances, except: (i) liens for taxes and special assessment; and (ii) the lien of any first਍ഀ mortgage or first deed of trust of record encumbering such Unit. The lien shall attach from the਍ഀ date when the unpaid sum shall become due and may be foreclosed in like manner as a mortgage਍ഀ on real property upon the recording of a notice or claim thereof executed by the non-defaulting਍ഀ Owner setting forth the amount of the unpaid indebtedness, the name of the defaulting Owner,਍ഀ and a description of the Unit. In any such foreclosure the defaulting Owner shall be required to਍ഀ pay the costs and expenses of such proceedings, including reasonable attorney's fees and costs.਍ഀ (d) The lien provided for herein shall be subordinate to the lien of any first਍ഀ mortgage or deed of trust, including all additional advances thereon. Sale gar transfer of any Unit਍ഀ as the result of court foreclosure of a mortgage, foreclosure through the Public Trustee, or any਍ഀ proceeding in lieu of foreclosure shall extinguish the lien of such ssessments as to payments਍ഀ thereof which become due prior to such sale or transfer, but shall not relieve any former Owner਍ഀ of personal liability therefore. The mortgagee of such Unit who acquires title by way of਍ഀ foreclosure or the taking of a deed in lieu thereof, shall not, however, be liable for future਍ഀ assessments on the date it becomes the Owner of such Unit. No sale or transfer shall relieve਍ഀ such Unit from lien thereof. In the event of the,~sale or transfer of a Unit with respect to which਍ഀ sums shall be unpaid by a defaulting Owner, except transfer to a first mortgagee in connection਍ഀ with a foreclosure of its lien or a deed in lieu thereof, the purchaser or other transferee of an਍ഀ interest in such Unit shall be jointly and severally liable with the seller or transferor thereof for਍ഀ any such unpaid sums.਍ഀ (e) Upon written request of an. 0,wner. mort`;agee, prospective mortgagee,਍ഀ purchaser or other prospective transferee of a Unit, the Owner of the other Unit shall issue a਍ഀ written statement setting forth the amount he is owed under this 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 such statement shall be complied with within਍ഀ fifteen (15) days after receipt thereof., all 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. ADMINISTR, I JO V AND IMNAGEMENT. Both Lot Owners shall be equally਍ഀ responsible for the administration and management of the obligations created hereunder.਍ഀ However, in the event that both Owners cannot agree when a decision is required by this਍ഀ Declaration, the inlpasse shall be resolved as follows:਍ഀ (a) Decision required in year 2000 and every even numbered year thereafter:਍ഀ Lot 1 IA Owner's decision is binding.਍ഀ (b) Decision required in year 2000 and every odd numbered year thereafter:਍ഀ Lot 11 B Owner's decision is binding.਍ഀ 14. OVERRIDE. In the event any Owner believes, based on the standard of the਍ഀ reasonable person, (i) that an impasse decision has been made incorrectly or contrary to the਍ഀ Declaration as (ii) that the Owner in ultimate control is guilty of mis-, mal-, or nonfeasance with਍ഀ respect to this Declaration then the aggrieved Owner, after first attempting non-binding਍ഀ Gordow?arty Wall Agreement and 9਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ mediation upon written demand by the other Owner, and if the dispute is not resolved with 75਍ഀ days, the parties may proceed to litigation, or arbitration, may petition the Combined Courts of਍ഀ Eagle County, Colorado for a judicial determination of the controversy which decision shall be਍ഀ binding upon both Owners. The Court shall assess costs and any reasonable attorney's fees as਍ഀ may have been incurred by the parties based upon the merits of the case, and award the਍ഀ prevailing party their costs and reasonable attorney fees.਍ഀ 15. USE RESTRICTIONS.਍ഀ (a) Each Unit shall be restricted to a residential dwelling as a permitted use,਍ഀ and to such uses, as well as conditional and accessory uses as shall be allowed by the Town of਍ഀ Vail Land Use Regulations as well as all covenants, declarations, restrictions, rules, P.U.D.਍ഀ Guide and all documents related to The town of Vail, Bighorn 5`h addition Subdivision.਍ഀ (b) No exterior mounted radio, shortwave, television or other type of antenna,਍ഀ whatsoever, or tank of any kind, either elevated or buried, or clothesline or incinerator of any਍ഀ kind whatsoever or outside storage of any personal property shall be permitted or maintained on਍ഀ either Unit without the prior written approval of the other 0\~ ner.਍ഀ (c) No animals shall he kept or maintained in, on or upon either Lot or Unit,਍ഀ except that each Owner may keep and maintain within his L! nit two domesticated dogs and/or਍ഀ two domesticated cats; provided, however, that such domesticated animals are kept under control਍ഀ at all times, do not present a nuisance to the O\~ ner and are kept controlled in strict compliance਍ഀ with all Town of Vail ordinances that may apply to such animals, and in compliance all਍ഀ documents of record pertaining to and any rules and regulations for the Town of Vail, Bighorn਍ഀ 5t' Addition Subdivision, as amended from time to time.਍ഀ (d) In addition to tha parking restrictions set forth in paragraph 6 above, each਍ഀ Owner may keep no more than three (3) automobile vehicles permanently on his or her Lot.਍ഀ Parking of boats. trailers, campers, motor homes, ATVs or recreational vehicles on either Lot is਍ഀ expressly prohibited unless contained «itllin the garage. Obstructing the common Access਍ഀ easement and parking area is expressly` prohibited.਍ഀ 16. 1V0TICE. Each Owner shall register its mailing address with the other Owner and਍ഀ all notices or demands intended to be served upon Owners shall be sent by certified mail, postage਍ഀ prepaid, addressed in the name of the Owner at such registered mailing address. In the਍ഀ alternative, notices may be delivered if in writing, personally to Owners.਍ഀ 17. DURATION OF DECLARATION. Each provision contained in this Declaration਍ഀ which is subject to the laws or rules sometimes referred to as the rule against perpetuities or the਍ഀ rule prohibiting unreasonable restraints on alienation shall continue and remain in full force and਍ഀ effect for the period of twenty-one (21) years following the death of the last survivor of President਍ഀ Barack Obama or until this Declaration is terminated as hereinafter provided, whichever first਍ഀ occurs. All other provisions contained in this Declaration shall continue and remain in full force਍ഀ and effect until January 1, 2040 A.D., and thereafter for successive periods of ten (10) year਍ഀ extended duration, or this Declaration is terminated by recorded instrument directing਍ഀ GordonTarty Wall Agreement and 10਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ termination, signed by all Owners and all lienors holding a mortgage or deed of trust of record on਍ഀ any portion of Lot 11 A and of Lot 11 B.਍ഀ 18. AMENDMENT OR REVOCATION. This Declaration may be amended or਍ഀ revoked only (i) by Declarant so long as Declarant owns both Unit I IA and Unit I IB; or (ii)਍ഀ upon unanimous written approval in recordable form of all Owners and all lienors holding a਍ഀ mortgage or deed of trust of record on any portion of Unit 11 A or Unit 11 B.਍ഀ 19. EFFECT OF PROVISIONS OF DECLARATION. Each provision of this਍ഀ Declaration, and agreement, promise, covenant and undertaking to comply with each provision਍ഀ of this Declaration in good faith, and any necessary exception or reservation or grant of title,਍ഀ estate, right or interest to effectuate any provisions of this Declaration; (i) shall be deemed਍ഀ incorporated in each deed of or other instrument by which any right, title or interest in any਍ഀ portion of Lot 11A or Lot 1113, is granted, devised or conveyed, whether or not set forth or਍ഀ referred to in such deed of other instrument; (ii) shall, by virtue of acceptance of any right, title਍ഀ or interest in any portion of Lot I IA or Lot 1113, bN an Owner, be deemed accepted, ratified,਍ഀ adopted and declared as a personal covenant of such Owner and his heirs, personal਍ഀ representatives, successors and assigns; and, shall be deemed a personal covenant to, with and਍ഀ for the benefit of each Owner of any portion of Lot 1 IA or Lot I IB; and (iii) shall be deemed a਍ഀ real covenant by Declarant, for themselves, their heirs, personal representatives, successors and਍ഀ assigns, and also and equitable servitude. running, in each case, as a burden with and upon the਍ഀ title to each and every portion of Lot 1 l A and Lot 11 B.਍ഀ 20. ENFORCEMENT AND REMEDIES.਍ഀ (a) Each provision of this Declaration shall be enforceable by any Owner in a਍ഀ proceeding for a temporary; preliminary or mandatory injunction or by a suit or action to recover਍ഀ damages. If court proceedings are instituted in connection with the rights of enforcement and਍ഀ remedies provided in this Declaration, the prevailing party shall be entitled to recover its costs਍ഀ and expenses in connection therewith, including reasonable attorney's fees.਍ഀ (b) Each Owner hereby agrees that any and all actions in equity or at law਍ഀ which are instituted to enforce any provision hereunder shall be brought in and only in the਍ഀ Combined Courts of Eagle Cowity, State of Colorado.਍ഀ (c) Failure to enforce any provision of this Declaration shall not operate as a਍ഀ waiver of any such provision, the right to enforce such provision thereafter, or of any other਍ഀ provision of this Declaration.਍ഀ 21. EXERCISE OF RIGHTS. Any exercise of any right granted hereunder by one਍ഀ Owner with respect to the other Owner's Unit, including, but not limited to, the use of any਍ഀ easement granted herein shall be exercised in a manner which shall not unreasonably hinder,਍ഀ impede or impose upon such other Owner's use of his Unit.਍ഀ Gordon/Party Wall Agreement and 11਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ 22. SUCCESSORS AND ASSIGNS. Except as otherwise provided herein, this਍ഀ Declaration shall be binding upon and shall inure to the benefit of Declarant and each Owner and਍ഀ the heirs, personal representatives, successors and assigns of each.਍ഀ 23. SEVERABILITY. Invalidity or unenforceability of any provisions of this਍ഀ Declaration in whole or in part shall not effect the validity or enforceable part of a provision of਍ഀ this Declaration.਍ഀ 24. CAPTIONS. The captions and heading in this instnlment are for convenience਍ഀ only and shall not be considered in construing any provisions of this Declar-tion.਍ഀ 25. CONSTRUCTION. When necessary for proper construction, the masculine of any਍ഀ word used in this Declaration shall include the feminine or neutral Lender, and the singular the਍ഀ plural and vice versa.਍ഀ IN WITNESS WHEREOF, Declarant has executed this Declaration this _ day of਍ഀ , 2008.਍ഀ Meadowlark De, elopment Partners, LLC਍ഀ a Colorado limited liability company਍ഀ By:"਍ഀ Its:਍ഀ Declarant਍ഀ STATE OF COLORADO )਍ഀ SS.਍ഀ COUNTY OF EAGLE )਍ഀ Subscribed and sworn to before me this _ day of , 2008, by਍ഀ and਍ഀ Witness my hand and official seal.਍ഀ My commission expires:਍ഀ [S E A L]਍ഀ Notary Public਍ഀ Gordon/Party Wall Agreement and 12਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ Consent਍ഀ By:਍ഀ Its:਍ഀ STATE OF COLORADO )਍ഀ ) ss.਍ഀ COUNTY OF EAGLE )਍ഀ Subscribed and sworn to before me this day of਍ഀ and਍ഀ Witness my hand and official seal.਍ഀ My commission expires:਍ഀ [S E A L]਍ഀ 2008, by਍ഀ Notary Public਍ഀ Gordon/Party Wall Agreement and 13਍ഀ Declaration of Covenants਍ഀ 6/11/2009਍ഀ ਍ഀ F਍ഀ vin਍ഀ m਍ഀ `~•a~i਍ഀ cn਍ഀ zu~p਍ഀ 1਍ഀ '਍ഀ vary਍ഀ ''c਍ഀ '਍ഀ A਍ഀ J਍ഀ /਍ഀ n਍ഀ •਍ഀ D਍ഀ m r਍ഀ < o਍ഀ o°਍ഀ 1਍ഀ o਍ഀ 3਍ഀ cnm਍ഀ my਍ഀ ;0਍ഀ 6~gS~ g6p਍ഀ 6 L਍ഀ \਍ഀ \਍ഀ 5਍ഀ oz਍ഀ = A਍ഀ /਍ഀ ~਍ഀ 6S /਍ഀ \ \਍ഀ \ \਍ഀ f7਍ഀ v਍ഀ S> s਍ഀ $਍ഀ i਍ഀ b~ /਍ഀ 6਍ഀ ਍ഀ AQ਍ഀ -o mp਍ഀ \਍ഀ \਍ഀ \ NCD \ \਍ഀ \ u0 \਍ഀ tia਍ഀ P, z਍ഀ zD 1g4~਍ഀ \ \ u1਍ഀ '਍ഀ C, -਍ഀ P>਍ഀ ^਍ഀ \ J਍ഀ /਍ഀ ਍ഀ \ \ o਍ഀ Z਍ഀ co਍ഀ \਍ഀ =਍ഀ o਍ഀ o--i਍ഀ J \ \਍ഀ le਍ഀ \਍ഀ °m N \ \਍ഀ W \਍ഀ SS\\਍ഀ s \ v਍ഀ 0~ 5 n਍ഀ r਍ഀ \ .O਍ഀ \ \਍ഀ \ Z~਍ഀ \ m਍ഀ \ t30. yes਍ഀ ਍ഀ 9.਍ഀ $਍ഀ I %਍ഀ ` p7਍ഀ ao \਍ഀ ਍ഀ m \਍ഀ \ \਍ഀ \ \ \ a਍ഀ is਍ഀ \ \ Ao° \ v>\\ ` F n WSJ. i਍ഀ W. \ m cp0 sue., \਍ഀ b z r \ \ \ \਍ഀ \ \ y~ \਍ഀ o W m sp~~.਍ഀ v \ \਍ഀ zz਍ഀ \਍ഀ x ,਍ഀ $ 9਍ഀ ti D O A਍ഀ IIOMzli਍ഀ m .u਍ഀ ti਍ഀ olio਍ഀ t°° D਍ഀ A m਍ഀ ;D਍ഀ A਍ഀ L਍ഀ ~ A਍ഀ 9 Npld~''~ 1 J a਍ഀ p`.° 09 W o<z਍ഀ ~tplMp~M~pd~ DU਍ഀ d~ -zm਍ഀ -~N A਍ഀ D~਍ഀ s f਍ഀ o਍ഀ F਍ഀ s਍ഀ D਍ഀ 2਍ഀ o਍ഀ \ ti਍ഀ ti਍ഀ n o਍ഀ z I਍ഀ m਍ഀ OOa z਍ഀ 00਍ഀ P' <਍ഀ as਍ഀ x~m਍ഀ sig਍ഀ ~g0਍ഀ a a o o x n o F p I m. o - F p m x 'I$v~ o~ oa 0਍ഀ $ $ n 3 F m n਍ഀ & 1 6 J,਍ഀ n z n 3 ° v- N - F $ 3਍ഀ Er Z਍ഀ ' a$ _y = `a 3 3 O O 3. F A O O ; o „ 3 3 0' N R < 0 3 n°i਍ഀ IN o _ r ro n Q x u ~n - m o ° 'F s਍ഀ pi :਍ഀ n C]' S m S m S m c K m O਍ഀ 3 ? w < ? n o n 3 0 m° 4਍ഀ a q.਍ഀ 3 4'਍ഀ 50਍ഀ ~.0. o.°= nS j਍ഀ 01 m " Y; ~md <^w n m .O਍ഀ ° j਍ഀ P 8 w ~a O y 3 w w N$ f m਍ഀ a @ <i KZ਍ഀ 0 OF)਍ഀ m8iw m mSo9਍ഀ O 3m y o ff m'y਍ഀ w~5 o ~ 'n a mo °mm਍ഀ w w N q- _ 3਍ഀ a~_ d 3 °7~s F;3਍ഀ x a od$o}~~w °਍ഀ $ m w o F 1v n 4 E a oa 3a਍ഀ ~m eN਍ഀ H _.3਍ഀ F" N 4 m o 3>> a 5 = m਍ഀ z 13 '3਍ഀ t' x °਍ഀ n O~n m, g m~ w m਍ഀ ne 3 aDn a. 'a 5 a਍ഀ N 8° d 8d 4a਍ഀ d o - 8° m 8 s 3 - d s਍ഀ z N m o _਍ഀ °n 6 ' 3਍ഀ 6 d਍ഀ m n? n 085 m a a ms a8~m °n N N ° m o.0 g~8° c਍ഀ m :1 NK਍ഀ 3 mn °n .o j~ ozM.਍ഀ 1o m ii o m 3 F - H$ 2 1. 2. o$ i y ~N z8 mm n~o 'o -2 o °mx Aw v 10਍ഀ _ 9 m a om o- %m m਍ഀ m ym o n - o " - am ° 'og -c y o> m"28g m਍ഀ $ o - ma N o> Nomo 08 0 0 o S..HR~ z਍ഀ ° d d G r ° v n m .0 ro mn m mm i iz xm਍ഀ o z '਍ഀ o y m m A n mo ~8 a g d ~aaQ.਍ഀ % m਍ഀ n _਍ഀ 9 0 iN = e ga a m zb a_ > zm . y ° 6 3 m਍ഀ m a A n = m9o m਍ഀ 91਍ഀ ~5 3 a m ba a $ o yo m zy mz 3 N3m~਍ഀ n v q 5 Z9 mO " ia5 'n; m a NO y d.~਍ഀ o. o v y m z਍ഀ a~ < gm o oo: ii - -mm਍ഀ d 3 ;m N No਍ഀ g a v -a~ 0 3 3 n eN ~z _਍ഀ :j A ~ y°T o ~H$W਍ഀ a m m - - ° C2, 5 D D m¢°਍ഀ C਍ഀ O਍ഀ -J਍ഀ u਍ഀ Z਍ഀ O਍ഀ O਍ഀ r਍ഀ l 1਍ഀ *Tl਍ഀ v਍ഀ T਍ഀ 'J਍ഀ O਍ഀ N--y਍ഀ t.J਍ഀ O਍ഀ a਍ഀ os਍ഀ 8਍ഀ Do<਍ഀ 0਍ഀ °਍ഀ g਍ഀ "'off਍ഀ of਍ഀ o਍ഀ _਍ഀ a D਍ഀ m਍ഀ p਍ഀ mT~਍ഀ m਍ഀ 91਍ഀ ~਍ഀ ਍ഀ m਍ഀ Ag਍ഀ ~3਍ഀ k਍ഀ 3਍ഀ o~਍ഀ v਍ഀ i਍ഀ °਍ഀ o਍ഀ a਍ഀ -M਍ഀ o~o਍ഀ m< w਍ഀ m਍ഀ ਍ഀ my਍ഀ nm਍ഀ y B y਍ഀ _਍ഀ m਍ഀ i਍ഀ .0਍ഀ a o~਍ഀ O਍ഀ m਍ഀ ~-z'o਍ഀ n਍ഀ o਍ഀ sn਍ഀ f°਍ഀ ~O gc਍ഀ ਍ഀ z਍ഀ °਍ഀ .਍ഀ n਍ഀ z਍ഀ z਍ഀ z਍ഀ S਍ഀ -਍ഀ m਍ഀ - I਍ഀ ' w o਍ഀ I਍ഀ 0਍ഀ >y਍ഀ aim਍ഀ n°਍ഀ °s'਍ഀ a਍ഀ 3°਍ഀ N਍ഀ w਍ഀ a F਍ഀ o਍ഀ °਍ഀ m਍ഀ o m 'z਍ഀ z°਍ഀ ~A਍ഀ R਍ഀ m਍ഀ n 3 y਍ഀ 'n਍ഀ F N w_਍ഀ A਍ഀ ਍ഀ 0 3਍ഀ rt਍ഀ Q਍ഀ b਍ഀ $਍ഀ