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HomeMy WebLinkAboutADM090006t'1਍ഀ TOWNOF 1L ADMINISTRATIVE ADMINISTRATIVE 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: 811 POTATO PATCH਍ഀ Application Type: DupSubPl਍ഀ ADM Number: ADM090006਍ഀ Parcel: 2101-063-0101-7਍ഀ Project Description: DUPLEX SUBDIVISION PLAT਍ഀ Participants:਍ഀ OWNER 811 POTATO PATCH DRIVE LLC 05/01/2009਍ഀ 392 MILL CREEK CIR਍ഀ VAIL਍ഀ CO 81657਍ഀ APPLICANT MICHAEL ENGLISH 05/01/2009 Phone: 970-471-0303਍ഀ PO BOX 2395਍ഀ EDWARDS਍ഀ CO਍ഀ Project Address: 811 POTATO PATCH DR VAIL਍ഀ Location:਍ഀ Legal Description: Lot: 32 Block: 1 Subdivision: VAIL POTATO PATCH਍ഀ Comments:਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: Action: STAFFAPR਍ഀ Second By:਍ഀ Vote: Date of Approval: 05/19/2009਍ഀ 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).਍ഀ Cond: CON0010727਍ഀ The applicant shall correct plat note #9 to reference "gross residential floor਍ഀ area", rather than "floor area ratio".਍ഀ Planner: Bill Gibson DRB Fee Paid: $100.00਍ഀ owl਍ഀ y਍ഀ Application for Administrative਍ഀ OVOK Subdivision Plat Review਍ഀ General Information:਍ഀ It is unlawful for any person, business, or corporation to violate any of the provisions of Title 13, Vail Town Code, or਍ഀ to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a leasehold਍ഀ interest), interest in common, condominium interest, time-share estate, fractional fee, or time-share license, or any਍ഀ other division within a subdivision within the Town until such subdivision has been approved in writing by the਍ഀ Administrator, Planning and Environmental Commission and/or the Council (whichever is applicable) and a plat਍ഀ thereof recorded in the office of the Eagle County Clerk and Recorder.਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ te1:970.479.2139 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ Type of Application and Fee:਍ഀ X Duplex Subdivision Plat $100 ❑ Administrative Plat Correction $100਍ഀ ❑ Single Family Subdivision Plat $100 Condominium/Townhouse Plat $100਍ഀ Description of the Request: `0,4- Iex 54bd i&;s-io/x਍ഀ Location of the Proposal:਍ഀ Physical Address:਍ഀ Name(s) of Owner(s):਍ഀ Mailing Address: Gl' e/S7 6 -If14-਍ഀ ZZIZ' 44-1~ ~S7 Phone: ~;7D - ~7/- O 3d਍ഀ Zoning:਍ഀ Owner(s) Signature(s):਍ഀ Name of Applicant:਍ഀ Mailing Address: TAG` 'r I਍ഀ v Phone: 97~ ~f਍ഀ E-mail Address: cb,4j a e..;sl` Fax਍ഀ For Office Upe y: Cvz਍ഀ Fee Paid: Check No.: GZ By:਍ഀ Meeting Date. Admin No.਍ഀ Planner: Project No.: -਍ഀ C,EjWE਍ഀ APR 2 7 2009਍ഀ F:\cdev\FORMS\Perm its\Planning\Adm inistrative_Actions\Plat਍ഀ N nFWf!਍ഀ Parcel No.: eW/ o 4l zo_z 7 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ ਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ ਍ഀ Statement Number: R090000392 Amount: $100.00 05/01/200901:45 PM਍ഀ Payment Method: Check Init: JLE਍ഀ Notation: 1028 ENGLISH਍ഀ ENTERPRISES਍ഀ ਍ഀ Permit No: ADM090006 Type: Administrative਍ഀ Parcel No: 2101-063-0101-7਍ഀ Site Address: 811 POTATO PATCH DR VAIL਍ഀ Location:਍ഀ 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਍ഀ , CC਍ഀ TEAKEJCSIMONTON 200629835਍ഀ 319 Pgs: 1 01:03:38Pn 10x31 x2006਍ഀ R;:r: 36.80 nor: S਍ഀ Recorded the day of at o'clock m.਍ഀ Reception M Recorder By਍ഀ QUIT CLAIM DEED਍ഀ THIS DEED, Made this day of between਍ഀ KNOBEL CHILDREN'S INVES& TRUST 1 96਍ഀ Grantor, for the consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION"'' in hand paid,਍ഀ hereby seas and quitclaims to਍ഀ 809 POTATO PATCH DRIVE, LLC਍ഀ Grantee,਍ഀ whose street address is 392 MILL CREEK CIRCLE. VAIL, CO 81657਍ഀ City of caza , County of _EAGLE_, State of COLORADO the following਍ഀ real property in the County of EAGLE , and State of Colorado, to wk:਍ഀ LOT 31, BLOCK 1, VAIL/POTATO PATCH, ACCORDING TO THE PLAT RECORDED MARCH 5, 1974 IN਍ഀ BOOK 233 AT PAGE 629, COUNTY OF EAGLE, STATE OF COLORADO.਍ഀ also known as sheet and number 809 POTATO PATCH DRIVE / SUB: VAIL POTATO PATCH BLK:1 LOT: 31,਍ഀ TOGETHER with all its appurtenances.਍ഀ The singular number shall include the plural, the plural the singular, and the use of any gender shall be਍ഀ applicable t nders. as of the day and year first above written.਍ഀ P KNO USTEE OF THE KNOBEL਍ഀ CHILD TRUST 1996਍ഀ State of COLORADO )਍ഀ )ss.਍ഀ County of EAGLE )਍ഀ The foregoing instrument was acknowledged before me this day of 4- Aw co਍ഀ by TER KNML, TRUSTEE OF THE L CCHILDREN'S INVE A. tnt਍ഀ A਍ഀ ~:`NpTAlfy ~਍ഀ Witness my hand and °flyal seal.਍ഀ My commission expires Q7 tic s਍ഀ _I { 6-r N Public 9L~G.•`ga~਍ഀ r਍ഀ NrrynnrraN਍ഀ My Commission Expires 08/11/27਍ഀ When recorded return to: 809 POTATO PATCH DRIVE, LLC਍ഀ 392 MILL CREEK CIRCLE, ATT: PETER KNOBEL, VAIL, CO 81657਍ഀ Fom 38 01/14/03 QCD QUIT CLAIM DEED V50015585 V50015585 {3955770}਍ഀ 61--਍ഀ .V਍ഀ EAGLE COUNTY, CO 200629834਍ഀ TEAK J SIMONTON਍ഀ aFSr: sa9aa nnr: $01:03 37PM 10/31/2006਍ഀ Recorded the day of at o'clock m.਍ഀ Reception # Recorder By਍ഀ QUIT CLAIM DEED਍ഀ THIS DEED, Made this day of.. , between਍ഀ KNOBEL CHILDREN'S INVEST 1T TRVS 1996਍ഀ Grantor, for the ooasidmfim of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION"" in land paid,਍ഀ hereby sells and quitclaims to਍ഀ 811 POTATO PATCH DRIVE, LLC਍ഀ Grantee,਍ഀ whose street address is 392 MILL CREEK CIRCLE, VAIL, CO 81657਍ഀ City of vzz , County of EAGLE , State of COLORADO the following਍ഀ real property in the County of EAGLE and State of Colorado, to wit:਍ഀ LOT 32, BLOCK 1, VAIL/POTATO PATCH, ACCORDING TO THE PLAT RECORDED MARCH 5, 1974 IN਍ഀ BOOK 233 AT PAGE 629, COUNTY OF EAGLE, STATE OF COLORADO.਍ഀ also known as street and number 811 POTATO PATCH DRIVE / S1UB: VAIL POTATO PATCH BLK:1 LOT: 32,਍ഀ TOGETHER with all its appurtenances.਍ഀ The siogular mUnber shall clode the plural, the plural the singular, and the use of any gender shag be਍ഀ appll ers as of the day and year first above written.਍ഀ 7/1"gued਍ഀ PEAR KNO USTEE OF THE KNOBEL਍ഀ CHILD INVESTMENT TRUST 1998਍ഀ State of COLORADO )਍ഀ )ss.਍ഀ County of EAGLE )਍ഀ The foregoing instmmnent was acknowledged before me this day of ~Q਍ഀ by PETER OF THE K14OBZL CH NIS INVES NT TRUST 19 96਍ഀ .A਍ഀ Witness my hand and official sea]. ~.1 MOTAQ~,'`ti~਍ഀ 01.਍ഀ My commission expires cs~ ZQ V VUUI~AUAA~~~IIY11J~~` :਍ഀ Nota4 Public ~N.~'• pI/b L ~G i਍ഀ ~gpMOtN►MM਍ഀ My COMMISSiiln Expires 08/11/2007਍ഀ When recorded return to: 811 POTATO PATCH DRIVE , LLC਍ഀ 392 MILL CREEK CIRCLE, ATT: PETER KNOBEL, VAIL, CO 81657਍ഀ Fb= 38 01/14/03 QM QUIT CLAIM DEED V50015584 VSOOISS84 {3955772}਍ഀ d.-਍ഀ Land Title Guarantee Company਍ഀ Date: September 28, 2006਍ഀ KNOBEL CHILDREN'S INVESTMENT TRUST 1996਍ഀ 392 MILL CREEK CIRCLE਍ഀ VAIL, CO 81657਍ഀ ATTN:PETER KNOBEL਍ഀ Enclosed please find the titre insurance policy for your property਍ഀ located at 809 POTATO PATCH DRIVE / SUB:VAIL POTATO PATCH BLK•I LOT•31 VAIL CO 81 .਍ഀ The following endorsements are included in this policy:਍ഀ Deletion of Exceptions 1-3਍ഀ Deletion of General Exception 4਍ഀ Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions਍ഀ regarding your final title policy, you may contact Title Department਍ഀ Phone: 970-476-2251 Fax:970-476-4732਍ഀ Please refer to our Order No. V50015585਍ഀ Should you decide to sell the property described in this policy, or if you are required to purchase a new title਍ഀ commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums.਍ഀ Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products਍ഀ and services to you quickly and efficiently.਍ഀ Thank you for giving us the opportunity to serve you.਍ഀ Sincerely,਍ഀ Land Title Guarantee Company਍ഀ ,V਍ഀ I LTG Policy No. CTA150015585਍ഀ Form AO/CHI਍ഀ Chicago Policy No. 72106-1401977਍ഀ Our Order No. V50015585 Schedule A Amount $1,351,000.00਍ഀ Property Address: 809 POTATO PATCH DRIVE/ SUB:VAIL POTATO PATCH BLK:1 LOT: 31 VAIL CO 81657਍ഀ 1. Policy Date: August 21, 2006 at 5:00 P.M.਍ഀ 2. Name of Insured:਍ഀ KNOBEL CHILDREN'S INVESTMENT TRUST 1996਍ഀ 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is:਍ഀ A FEE SIMPLE਍ഀ 4. Title to the estate or interest covered by this policy at the date hereof is vested in:਍ഀ KNOBEL CHILDREN'S INVESTMENT TRUST 1996਍ഀ 5. The land referred to in this policy is described as follows:਍ഀ LOT 31, BLOCK 1, VAIL/POTATO PATCH, ACCORDING TO THE PLAT RECORDED MARCH 5, 1974਍ഀ IN BOOK 233 AT PAGE 629, COUNTY OF EAGLE, STATE OF COLORADO.਍ഀ This Policy valid only if Schedule B is attached.਍ഀ Land Title Guarantee Company਍ഀ Representing Chicago Title Insurance Company਍ഀ Form AO/CHI਍ഀ Chicago Policy No. 72106-1401977਍ഀ Our Order No. V50015585਍ഀ Schedule B਍ഀ LTG Policy No. CTA150015585 I਍ഀ This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)਍ഀ which arise by reason of:਍ഀ General Exceptions:਍ഀ 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and਍ഀ inspection of the premises would disclose and which are 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. 2006 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.਍ഀ 6. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE਍ഀ UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 13, 1939,਍ഀ IN BOOK 123 AT PAGE 617.਍ഀ 7. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER਍ഀ CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON਍ഀ RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL਍ഀ STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF਍ഀ INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE਍ഀ EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS਍ഀ CONTAINED IN INSTRUMENT RECORDED MARCH 05, 1974, IN BOOK 233 AT PAGE 628਍ഀ AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 24, 1975, IN BOOK 241 AT਍ഀ PAGE 950.਍ഀ 8. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON I਍ഀ THE PLAT OF VAEUPOTATO PATCH RECORDED MARCH 5, 1974 IN BOOK 233 AT PAGE਍ഀ 629.਍ഀ ITEM NOS. 1 THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.਍ഀ ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO ANY LIENS਍ഀ RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST਍ഀ OF KNOBEL CHILDREN'S INVESTMENT TRUST 1996.਍ഀ Land Title Guarantee Company਍ഀ Date: September 28, 2006਍ഀ KNOBEL CHILDREN'S INVESTMENT TRUST 1996਍ഀ 392 MILL CREEK CIRCLE਍ഀ VAIL, CO 81657਍ഀ ATTN: PETER KNOBEL਍ഀ Enclosed please find the title insurance policy for your property਍ഀ located at 811 POTATO PATCH DRIVE/ SUB•VAIL POTATO PATCH BLKA LOT:32 VAIL CO 81਍ഀ The following endorsements are included in this policy:਍ഀ Deletion of Exceptions 1-3਍ഀ Deletion of General Exception 4਍ഀ Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions਍ഀ regarding your final title policy, you may contact Title Department਍ഀ Phone: 970-476-2251 Fax:਍ഀ Please refer to our Order No. V50015584਍ഀ Should you decide to sell the property described in this policy, or if you are required to purchase a new title਍ഀ commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums.਍ഀ Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products਍ഀ and services to you quickly and efficiently.਍ഀ Thank you for giving us the opportunity to serve you.਍ഀ Sincerely,਍ഀ Land Title Guarantee Company਍ഀ 1 LTG Policy No. CTA150015584਍ഀ Form AO/CHI਍ഀ Chicago Policy No. 72106-1402009਍ഀ Our Order No. V50015584 Schedule A Amount $2,425,000.00਍ഀ Property Address: 811 POTATO PATCH DRIVE/ SUB:VAIL POTATO PATCH BLK:1 LOT:32 VAIL CO 81657਍ഀ 1. Policy Date: August 21, 2006 at 5:00 P.M.਍ഀ 2. Name of Insured:਍ഀ KNOBEL CHILDREN'S INVESTMENT TRUST 1996਍ഀ 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is:਍ഀ A FEE SIMPLE਍ഀ 4. Title to the estate or interest covered by this policy at the date hereof is vested in:਍ഀ KNOBEL CHILDREN'S INVESTMENT TRUST 1996਍ഀ 5. The land referred to in this policy is described as follows:਍ഀ LOT 32, BLOCK 1, VAIL/POTATO PATCH, ACCORDING TO THE PLAT RECORDED MARCH 5, 1974਍ഀ IN BOOK 233 AT PAGE 629, COUNTY OF EAGLE, STATE OF COLORADO.਍ഀ This Policy valid only if Schedule B is attached.਍ഀ Land Title Guarantee Company਍ഀ Representing Chicago Title Insurance Company਍ഀ LTG Policy No. CTA150015584਍ഀ Form AO/CHI਍ഀ Chicago Policy No. 72106-1402009਍ഀ Our Order No. V50015584਍ഀ Schedule B਍ഀ This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)਍ഀ which arise by reason of:਍ഀ General Exceptions:਍ഀ 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and਍ഀ inspection of the premises would disclose and which are 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. 2006 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.਍ഀ 6. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE਍ഀ UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 13, 1939,਍ഀ IN BOOK 123 AT PAGE 617.਍ഀ 7. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER਍ഀ CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON਍ഀ RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL਍ഀ STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF਍ഀ INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE਍ഀ EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS਍ഀ CONTAINED IN INSTRUMENT RECORDED MARCH 05, 1974, IN BOOK 233 AT PAGE 628਍ഀ AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 24, 1975, IN BOOK 241 AT਍ഀ PAGE 950.਍ഀ 8. EASEMENTS, CONDTTI6NS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON I਍ഀ THE PLAT OF VAIL/POTATO PATCH RECORDED MARCH 5, 1974 IN BOOK 233 AT PAGE਍ഀ 629.਍ഀ ITEM NOS. 1 THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.਍ഀ ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO ANY LIENS਍ഀ RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST਍ഀ OF KNOBEL CHILDREN'S INVESTMENT TRUST 1996.਍ഀ DRIVEWAY ACCESSS EASEMENT AGREEMENT਍ഀ THIS DRIVEWAY EASEMENT AGREEMENT (hereinafter this "Agreement")਍ഀ dated this day of , 2009, by and between 811 Potato Patch Drive,਍ഀ LLC, a Colorado limited liability company (the "Lot 32A Owner" and "Lot 32B਍ഀ Owner"), and collectively Lot 32A and Lot 32B Owners, the "Owners."਍ഀ RECITALS਍ഀ A. Lot 32A Owner is the owner of Lot 32A, Block 1, Vail/Potato Patch,਍ഀ according to the plat recorded March 5, 1974 in Book 233 at Page 629, County of Eagle,਍ഀ State of Colorado ("lot 32A").਍ഀ B. Lot 32B Owner is the owner of Lot 32B, Block 1, Vail/Potato Patch,਍ഀ according to the plat recorded March 5, 1974 in Book 233 at Page 629, County of Eagle,਍ഀ State of Colorado ("lot 3213").਍ഀ C. Subject to the terms and conditions hereof, Lot 32A Owner desires to਍ഀ grant Lot 32B Owner, for the benefit of Lot 32B respectively, a driveway, underground਍ഀ utility, retaining wall, and landscape easement over and across a portion of Lot 32A.਍ഀ AGREEMENT਍ഀ NOW, THEREFORE, in consideration of the recitals, the mutual promises਍ഀ contained herein, and other goods and valuable consideration, the receipt and sufficiency਍ഀ of which is hereby acknowledged, the parties agree as follows;਍ഀ 1. Grant of Easements. For purpose of the Agreement, Lots 32A and 32B਍ഀ may collectively be referenced herein as the "Lots":਍ഀ a. Lot 32A hereby grants, conveys, assigns, and transfers to Lot 32B a਍ഀ permanent, nonexclusive, and perpetual easement and right-of-way identified as਍ഀ "Driveway Access Easement" on Exhibit A attached hereto and incorporated herein by਍ഀ this reference. The Lot 32A Driveway Access Easement shall be used for the਍ഀ construction, installation, improvement, maintenance, repair and replacement of a shared਍ഀ driveway and immediately adjacent area thereto upon which certain improvements are਍ഀ located, including, but not limited to, a driveway apron for use by the Lots, retaining਍ഀ wall(s), bridge, and underground utilities (such utilities include, but are not limited to, an਍ഀ underground utility vault located beneath the bridge), and landscaping (collectively, the਍ഀ "Improvements"), all such Improvements for the benefit of the Owners and individually਍ഀ depicted on Exhibit A attached hereto. The Driveway Access Easement shall serve and਍ഀ benefit the Lots.਍ഀ b. The Driveway Access Easement and Improvements depicted on Exhibit A਍ഀ may be referred to as the "Access Easement" herein, and the common driveway within਍ഀ the Access Easement shall be referred as the "Common Driveway."਍ഀ 2. Temporary Construction Easement. The Lot Owners acknowledge and਍ഀ agree that the party who may construct the Common Driveway and/or Improvements਍ഀ shall have a temporary nonexclusive easement and right-of-way over and across a portion਍ഀ of the Lots as reasonably necessary for the (i) initial construction and installation period;਍ഀ and (ii) period(s) reasonably necessary to perform repair, replacement and maintenance to਍ഀ the Common Driveway and Improvements. Notwithstanding the foregoing, the party਍ഀ responsible for any repair, replacement and maintenance to the Common Driveway and਍ഀ Improvements shall promptly perform all work, repairs or restoration necessary to return,਍ഀ to the fullest extent reasonably practical, all areas of Lot 32 used for repair, replacement਍ഀ and maintenance, to the same condition as existed prior to the repairs, replacement or਍ഀ maintenance.਍ഀ 3. Retaining Wall(s); Bridge. The Lot 32A Owner hereby grants to Lot 32B਍ഀ Owner a nonexclusive and perpetual easement upon, over and across Lot 32A for਍ഀ stabilization improvements necessary and beneficial for the Common Driveway. The਍ഀ Common Driveway stabilization improvements include grading, retaining walls, soil਍ഀ nails and any other structural mechanism required to stabilize the soils disturbed for਍ഀ construction and settling of the Common Driveway, a portion of which is comprised of਍ഀ the Bridge depicted on Exhibit A attached hereto. The Lot 32A Owner further grants to਍ഀ Lot 32B Owner, for the benefit of Lot 32B, a nonexclusive and perpetual easement upon,਍ഀ over and across a portion of Lot 32A for installation, repair, replacement and਍ഀ maintenance access to the underground vault which contains a boiler servicing Lot 32਍ഀ and lies beneath the Bridge located within the Common Driveway.਍ഀ 4. Parking,਍ഀ a. The Owners recognize the necessity of continuous unfettered ingress and਍ഀ egress within the Common Driveway therefore parking and any blockage of the Common਍ഀ Driveway for a period of more than one quarter (1/4) hour on any single occasion is਍ഀ strictly prohibited in accordance with Section 5 hereof.਍ഀ b. The Lot Owners acknowledge and agree that the garages on each of the਍ഀ respective Lots 32A and 32B shall be used as the primary areas for parking vehicles਍ഀ within Lots 32A and 32B. Additional vehicular parking for three (3) vehicles solely by਍ഀ the Lot 32A owner, its guests and invitees, shall be permissible within the Common਍ഀ Driveway, and specifically within the three (3) Parking spaces labeled "Lot 32A Parking਍ഀ Space" on Exhibit A attached hereto. If the Lots 32A Owner does not utilize the Lot 32਍ഀ Parking Spaces at any given time, they shall remain vacant. And use of the Lot 32਍ഀ parking Spaces by any Owner other that the Lot 32A Owner shall constitute a default਍ഀ hereunder unless the Lot 32A Owner gives its written consent thereto. In no event shall਍ഀ the Lot 32A Owner, its guests and invitees, park or store any vehicles or objects in front਍ഀ of the Lot 32A garage such that the Lot 32B Owner has restricted or obstructed access to਍ഀ and from Lot 32B at any time.਍ഀ 5. Common Driveway Maintenance. The Common Driveway and਍ഀ Improvements shall at all times be maintained, repaired and replaced, as necessary, in a਍ഀ first-class manner consistent with the standards of other properties within Potato Patch਍ഀ Subdivision. The costs and expenses to maintain, repair and replace, as necessary, the਍ഀ Common Driveway and Improvements shall be shared proportionally by each of the Lot਍ഀ Owners based on square footage for each of the residential improvements located on the਍ഀ Lots, expressed as numerator, divided by the total square footage for both residential਍ഀ improvements on the Lots, and expressed as a percentage, as follows: Lot 32A Allocation਍ഀ equals sixty percent (60%) and Lot 32B Allocation equals forty percent (40%) (the਍ഀ "Allocations"). Routine maintenance, repair and replacement of the Common Driveway਍ഀ and Improvements shall be undertaken upon approval by both Owners in conformance਍ഀ with the standards set forth above, and the costs thereof shall be proportionately shared in਍ഀ accordance with the Allocations set forth herein. If all or any portion of the Common਍ഀ Driveway or Improvements are damaged or destroyed without negligence by any Owner,਍ഀ such damage or destruction shall be promptly repaired and reconstructed and the costs਍ഀ thereof shall be shared proportionately amongst the Owners in accordance with the਍ഀ Allocations set forth herein. The Lot 32A Owner shall be responsible for initiating਍ഀ repairs and reconstruction where there is no negligence or willful act or omission by one਍ഀ of the Owners involved. Repair and reconstruction means the restoration of the Common਍ഀ Driveway and Improvements to substantially the same conditions in which it existed prior਍ഀ to such damage or destruction. Notwithstanding anything contained above to the਍ഀ contrary, if the negligence or willful act or omission of any Owner, his guests or invitee਍ഀ shall cause damage to, or destruction of the Common Driveway and/or Improvements,਍ഀ including, without limitation, damage or destruction which causes loss of utility service਍ഀ and/or access, such Owner shall further be responsible for initiating the repairs or਍ഀ reconstruction and the entirety of the costs and expenses related thereto, including,਍ഀ consequential damages and costs arising therefore, as reasonably determined by the਍ഀ insurance company described in Section 9.਍ഀ 6. Enforcement.਍ഀ a. If an Owner, at any time, shall neglect or refuse to perform or pay its share਍ഀ of any obligation required hereunder (the "Defaulting Owner"), any other Owner to਍ഀ whom payment or performance is owed may, but shall not be obligated to, after twenty਍ഀ (20) days written notice to the Defaulting Owner unless the circumstances require਍ഀ immediate action, make such payment, or, on behalf of such Defaulting Owner, expend਍ഀ such sum as may be necessary to perform such obligation, including but not limited to,਍ഀ the payment of any amounts required hereunder for repair, maintenance or removal of਍ഀ obstruction to of from the Common Driveway and/or Improvements.਍ഀ b. All sums to be paid or expended by an Owner, with interest thereon at the਍ഀ rate of eighteen percent (18%) per annum form the date of such payment or expenditure,਍ഀ shall be payable by the Defaulting Owner upon demand of the other Owner to whom਍ഀ payment or performance is owed.਍ഀ 7. Arbitration. In the event a dispute regarding the necessity or nature of any਍ഀ repair or maintenance required with respect to the Common Driveway or Improvements਍ഀ arises between the Owners, the parties shall negotiate in good faith in an effort to resolve਍ഀ the dispute. If the dispute is not resolved following good faith negotiations either party਍ഀ may seek damages which shall be enforced in the District Court of Eagle County,਍ഀ Colorado.਍ഀ 8. No Obstruction. Except as contemplated herein, no Owner shall erect an਍ഀ object, including, but not limited to, a sign, fence, wall, pole, pipe, post, building਍ഀ structure or other facility or impediment so as to prevent the flow of vehicular and਍ഀ pedestrian traffic over and across the Common Driveway. No Owner shall hinder਍ഀ reasonable access by any other Owner and/or his guest or invitee to such other Owner's਍ഀ Lot.਍ഀ 9. Insurance. The Lot 32A Owner shall provide and keep in force a general਍ഀ public liability and property damage insurance policy against claims for bodily injury or਍ഀ death or property damage occurring in, on or upon the Access Easement and਍ഀ Improvements, in a limit of not less that Five Hundred Thousand Dollars ($500,000.00)਍ഀ in respect to bodily injury or death arising out of one accident or disaster, or for damage਍ഀ to property, and if higher limits shall at any time be customary to protect against tort਍ഀ liability, such higher limits shall be carried. The insurance policy shall name the Lot 32B਍ഀ Owner as an additional insured party. The cost of such policy shall be paid in accordance਍ഀ with the Allocations.਍ഀ 10. Covenants Runniniz With the Land. The Access Easement granted by this਍ഀ Agreement and the terms and conditions contained herein shall run with each of the Lots਍ഀ in perpetuity and shall inure to the benefit of and be binding on the Owners and their਍ഀ respective successors and assigns.਍ഀ 11. No Dedication to Public. Nothing herein shall be deemed a gift or਍ഀ dedication of any portion of the Access Easement or Improvements to the general public਍ഀ or for public use or purpose whatsoever.਍ഀ 12. Modification; Termination. The provisions of the Agreement and the਍ഀ easement, rights and obligations hereby imposed shall not be modified, amended,਍ഀ changed, cancelled or terminated in any manner without the express consent of the Lot਍ഀ Owners.਍ഀ 13. Partial Invalidity. If any clause or provision of the Agreement is਍ഀ determined to be invalid, illegal or unenforceable, the remainder of this Agreement shall਍ഀ not be affected thereby and in lieu of such provision, there shall be added as a part of this਍ഀ Agreement a clause or provision as similar in terms to such invalid, illegal or਍ഀ unenforceable clause or provision as may be possible and be valid, legal and enforceable.਍ഀ 14. Governing Law_ The Agreement shall be governed by the laws of the਍ഀ State of Colorado.਍ഀ 15. Recordation. The Agreement shall be recorded in the real property਍ഀ records of Eagle County, Colorado.਍ഀ IN WITNESS WHEREOF, the owners have executed this Agreement to be made਍ഀ effective on the Effective Date.਍ഀ LOT 32A OWNER:਍ഀ 811 POTATO PATCH DRIVE, LLC,਍ഀ a Colorado limited liability company਍ഀ By:਍ഀ Name:਍ഀ Title:਍ഀ LOT 32B OWNER:਍ഀ 811 POTATO PATCH DRIVE, LLC,਍ഀ a Colorado limited liability company਍ഀ By:਍ഀ Name:਍ഀ Title:਍ഀ STATE OF COLORADO )਍ഀ COUNTY OF EAGLE )਍ഀ The foregoing instrument was acknowledge before me this਍ഀ 2009, by as਍ഀ Potato Patch Drive, LLC, a Colorado limited liability company.਍ഀ WITNESS my hand and official seal.਍ഀ My commission expires:਍ഀ day of ,਍ഀ of 811਍ഀ Notary Public਍ഀ EXHIBIT A਍ഀ (Attached)਍ഀ PARTY WALL AGREEMENT਍ഀ (Lot 32)਍ഀ THIS PARTY WALL AGREEMENT (hereinafter this "Agreement") dated this਍ഀ day of , 2009, is by and between 811 Potato Patch Drive, LLC, a਍ഀ Colorado limited liability company (the "Lot 32A Owner"), and 811 Potato Patch Drive,਍ഀ LLC, a Colorado limited liability company (the "Lot 3213" Owner), and collectively, the਍ഀ Lot 32A Owner and Lot 32B Owners, the "Owners."਍ഀ RECITALS਍ഀ A. Lot 32A Owner is the owner of Lot 32A, Block 1, Vail/Potato Patch਍ഀ according to the plat recorded March 5, 1974 in Book 233 at Page 629, County of Eagle,਍ഀ State of Colorado ("Lot 32A").਍ഀ B. Lot 32B Owner is the owner of Lot 32B, Block 1, Vail/Potato Patch਍ഀ according to the plat recorded March 5, 1974 in Book 233 at Page 629, County of Eagle,਍ഀ State of Colorado ("Lot 32B").਍ഀ C. Subject to the terms and conditions hereof, the Owners desire that the Lots਍ഀ be held, sold and conveyed subject to the following easements, reservations, restrictions,਍ഀ liens, charges, covenants and conditions which are for the purpose of protecting the value਍ഀ and desirability of the Lots and which shall run with the Lots and be binding on all਍ഀ parties having any right, title or interest in the Lots or any part thereof, and their heirs,਍ഀ personal representatives, successors and assigns.਍ഀ ARTICLE ONE਍ഀ Party Wall Agreement਍ഀ 1.1 Creation of Party Wall. The residential improvements located on the Lots਍ഀ share a common wall as depicted on Exhibit A attached hereto, which constitutes a party਍ഀ wall herein (the "Party Wall"). The rights and obligations of the Owners with regard to਍ഀ the Party Wall shall be governed by the provisions of this Article One.਍ഀ 1.2 Easement for Encroachment. Mutual reciprocal easements are hereby਍ഀ established, declared and granted for any encroachment of the Party Wall onto either of਍ഀ Lot 32A or Lot 32B, and such reciprocal easements shall be governed by this Agreement.਍ഀ 1.3 Maintenance and Repair. No Owner shall do any act which would cause਍ഀ damage to or impair the structural integrity of the Party Wall. The cost of reasonable਍ഀ repair to maintain the structural integrity of the Party Wall shall be shared by the Owners਍ഀ equally. If an Owner fails to repair or maintain the structural integrity of his/her portion਍ഀ of the Party Wall, the other Owner shall provide such defaulting Owner written notice of਍ഀ the failure and provide such Owner a reasonable period of time not exceeding five (5)਍ഀ days in which to cure such default. If the defaulting Owner fails to cure the default਍ഀ within such time period the non-defaulting Owner may undertake such repair and for਍ഀ such purpose may enter upon the Lot of the defaulting Owner, without liability therefore਍ഀ except for damage resulting from the willful misconduct of such Owner or its authorized਍ഀ representatives. The non-defaulting Owner shall have a lien against the defaulting਍ഀ Owner's Lot in accordance with the provisions of Section 6.9 of this Agreement for the਍ഀ cost and expense incurred in making or causing such repairs to be made.਍ഀ 1.4 Damage by Fire or Casualty. If the Party Wall or any portion thereof is਍ഀ destroyed or damaged by fire or other casualty, the Owners shall restore it and they shall਍ഀ contribute equally to the cost of restoration thereof without prejudice, however, to the਍ഀ right of each Owner to call for a larger contribution from the other under any rule of law਍ഀ regarding liability for negligent or willful acts or omissions. The right of any Owner to਍ഀ contribution from any other Owner hereunder shall run with and be appurtenant to the਍ഀ land and shall pass to such Owner's successors in title. An Owner who by his or her਍ഀ negligent or willful act causes the Party Wall to be exposed to the elements shall bear the਍ഀ entire cost of furnishing the necessary protection against such elements and damage਍ഀ resulting there from.਍ഀ 1.5 General Rules of Law to Apply. To the extent not inconsistent with the਍ഀ provisions of this Agreement, the general rules of law regarding party walls and liability਍ഀ for Lot damage resulting from such party wall issues due to negligence or willful acts or਍ഀ omissions shall apply to the Party Wall and to the interpretation of this Agreement.਍ഀ ARTICLE TWO਍ഀ Insurance਍ഀ 2.1 Insurance Required. Each Owner shall obtain and maintain at all times਍ഀ property and casualty insurance for his Lot and any other improvements located on his਍ഀ Lot in an amount equal to the full replacement value (i.e. 100% of current replacement਍ഀ cost exclusive of the land and other items normally excluded from coverage) of the਍ഀ improvements located on each Lot. Such insurance shall afford protection against at least਍ഀ the following:਍ഀ 2.1.1 Loss or damage by fire and other hazards covered by the standard,਍ഀ extended coverage endorsement, and for debris removal, cost of demolition,਍ഀ vandalism, malicious mischief, windstorm, and water damage; and਍ഀ 2.1.2 General liability coverage in an amount not less than One Million਍ഀ Dollars ($1,000,000.00) for each occurrence and Three Million Dollars਍ഀ ($3,000,000.00) in the aggregate.਍ഀ 2.2 Insurance Appraisal. The Owners shall, at least every three years, obtain਍ഀ an appraisal for insurance purposes which shall be maintained as a permanent record,਍ഀ showing that the insurance in any period represents one hundred percent (100%) of the਍ഀ full replacement value of the improvements on each Lot, said appraisal to be conducted਍ഀ by each Owner's own insurance agent.਍ഀ ARTICLE THREE਍ഀ Covenants and Conditions Regarding the Exterior Areas਍ഀ 3.1 Agreement to Maintain. The Owners agree to maintain the exterior of਍ഀ each respective Lot, including, but not limited to the exterior building surfaces, patios,਍ഀ roofs, walls and fences, electric gates, downspouts, sprinkler systems, tress, shrubs and਍ഀ grass areas, and walks, driveways and stairways, (collectively the "Exterior Areas")਍ഀ which lie on each Owner's Lot in a first class manner and in good working order,਍ഀ structural soundness and repair so as to maintain their attractive appearance.਍ഀ 3.2 Maintenance Responsibility. Maintenance, repair and replacement of the਍ഀ Exterior Areas shall be the obligation of the applicable Owners upon which the Exterior਍ഀ Area lies, including the maintenance and replacement of the landscaping including਍ഀ sprinkler systems thereon. Maintenance of sidewalks, driveways, courtyards and exterior਍ഀ decks and the cleaning and replacing of glass surfaces and doors solely servicing an਍ഀ individual Lot or garage shall be the responsibility of the individual Owner.਍ഀ 3.3 Exterior Painting. All painted exterior surfaces, including trim, soffits,਍ഀ etc., shall be evaluated by the Owners not less frequently than every four (4) years and਍ഀ shall be painted as needed to protect the surfaces and to maintain an attractive overall਍ഀ appearance; provided, however, all painted exterior surfaces shall be painted not less than਍ഀ every six (6) years following the recording of this Agreement using a contractor chosen਍ഀ in accordance with the provisions of Section 3.5. In the event the Owners cannot agree਍ഀ on a paint color, the contractor shall match, as closely as possible, the then existing color.਍ഀ The reasonable cost and expense of exterior painting shall be shared equally by each Lot਍ഀ Owner.਍ഀ 3.4 Landscapin Courtyard Maintenance. The landscaping in front of the Lots਍ഀ shall be maintained as provided in Section 3.2. Each Owner shall maintain the exterior਍ഀ area of his/her Lot in a neat and orderly manner and shall be entitled to furnish such area਍ഀ with outdoor patio furniture such as tables which may have umbrellas, chairs and lounge਍ഀ chairs, gas or propane grills and flower boxes, pots and planters.਍ഀ 3.5 Approval Required for Changes or Alterations਍ഀ 3.5.1 The exterior of the Lots, including, but not limited to, the color and਍ഀ texture of paint, stone, woodwork, paneling, roof materials, siding, awnings and exterior਍ഀ window treatments shall not be changed from that originally utilized on the Lots without਍ഀ the prior written consent of both Owners. No additions or alterations to the exterior of਍ഀ the Lots (or any other improvements), or changes to the fences and walls or other਍ഀ Exterior Areas including the landscaping in front of the Lots shall be commenced, erected਍ഀ or maintained until and unless the plans and specifications showing the nature, kind,਍ഀ shape, heights, materials and exterior color schemes of such additions or alterations, and਍ഀ in the case of new structures, the location of such structure and the grading and਍ഀ landscaping plans and finished grade elevations of the site to be built upon, shall have਍ഀ been submitted to and approved in writing by both of the Owners. Each Owner shall਍ഀ have the right to refuse to approve and such plans, materials, colors, improvements,਍ഀ grading or landscaping which are not reasonably suitable or desirable in his/her਍ഀ reasonable opinion for aesthetic or other reasons, and in so passing upon such plans, the਍ഀ Owners shall have the right to take into consideration the suitability of the proposed਍ഀ improvement, the construction materials and exterior colors and facades, the location,਍ഀ topography and surroundings of the proposed improvement site in relation to the existing਍ഀ improvements and in relation to the general residence plan of the Lots. All subsequent਍ഀ additions to or changes or alterations to the exterior of either Unit (including color਍ഀ schemes), or and fence, wall or other structure, including subsequent additions to or਍ഀ changes or alterations in and grading or landscaping plans, shall be subject to the prior਍ഀ written approval of both Owners.਍ഀ 3.6 Owner Responsibilities for Certain Acts. (a) If the exterior of a Unit is਍ഀ damaged through the willful or negligent act of an Owner, his family, guests, or invitees,਍ഀ which damage is not promptly repaired by said Owner; or (b) if an Owner fails to replace਍ഀ damaged glass surfaces; or (c) if an Owner fails to pay his/her share of any repair and਍ഀ maintenance work which is the joint obligation of the Owners as provided in the Article਍ഀ Three; or (d) if the Town of Vail gives an Owner a notice of a zoning violation which਍ഀ said Owner does not timely correct; then in each such event the adjoining Owner may਍ഀ give the nonperforming Owner a written notice and demand to cure said matter. In the਍ഀ event that said matter has not been corrected or the sums due paid within ten (10) days਍ഀ thereafter, the non-defaulting Owner may undertake such repair and for such purpose਍ഀ may enter upon the Lots of the defaulting Owner including the defaulting Owner's Unit਍ഀ without liability therefore except for damage resulting from the willful misconduct of਍ഀ such Owner or its authorized representatives. The non-defaulting Owner shall have a lien਍ഀ against the defaulting Owner's Lot and Unit in accordance with the provisions of Section਍ഀ 6.9 of this Agreement for the cost and expense incurred in making or causing such repairs਍ഀ to be made.਍ഀ ARTICLE FOUR਍ഀ Easements਍ഀ 4.1 Reciprocal Easements. The Owners hereby reserve for themselves and਍ഀ their successors and assigns, a right of way and easement for the installation and਍ഀ continued operation, maintenance, repair, alteration, inspection and replacement of utility਍ഀ lines, including, but not limited to, water lines, sewer lines, gas lines, telephone lines,਍ഀ television/cable lines and such other utility lines and incidental equipment as such lines਍ഀ have to be located over, under and across that portion of either Lots outside the building਍ഀ footprints of the residential units or the Party Wall to the extent reasonably necessary.਍ഀ The installation, operation, maintenance, repair, alteration, inspection and replacement਍ഀ described herein, and damages to either Lot resulting there from, shall be made at the sole਍ഀ cost and expense of the Owner who initiates same, unless otherwise agreed upon in਍ഀ writing by both Lot Owners. Perpetual reciprocal easements for the continuance,਍ഀ maintenance and relocation of said utility lines shall exist for the benefit and burden of਍ഀ both of the Owners of the Lots which constitute the Lots.਍ഀ 4.2 Utility Easements. If any utility lines referred to in this Article are਍ഀ destroyed or damaged, the Owner whose residential unit is serviced by said lines shall਍ഀ cause the same to be restored forthwith at his sole cost and expense. Notwithstanding਍ഀ any other provision in this Agreement, an Owner who by his negligence or willful act਍ഀ causes damage to the utility line or lines of the adjoining Owner shall bear the cost of਍ഀ restoration thereof and any other damages allowed by law. In the event that such damage਍ഀ has not been corrected within twenty-four (24) hours, subject to the applicable utility਍ഀ company being able to make the repairs within such period of time, the adjoining Owner਍ഀ who has been damaged may undertake such repair or cause the repairs to be made and for਍ഀ such purpose may enter upon the Lot of the defaulting Owner including the defaulting਍ഀ Owner's residential unit without liability therefore except for damage resulting from the਍ഀ willful misconduct of such Owner or its authorized representatives. Such Owner shall਍ഀ have a lien against the defaulting Owner's Lot and residential unit in accordance with the਍ഀ provisions of Section 6.9 of this Agreement for the cost and expense incurred in making਍ഀ or causing such repairs to be made.਍ഀ 4.3 Easements for Encroachments. If any portion of a residential unit or other਍ഀ improvements constructed as part of the initial construction on one of the Lots਍ഀ encroaches upon the other Lot, a valid easement therefore shall exist for the਍ഀ encroachment and for the maintenance, repair and replacement thereof.਍ഀ 4.4 Easements for Maintenance. Each Lot shall be subject to an easement in਍ഀ favor of the Owners, including their agents, employees, and contractors for providing the਍ഀ maintenance described in this Agreement.਍ഀ ARTICLE FIVE਍ഀ Damage or Destruction਍ഀ 5.1 Damage or Destruction of the Improvements on a Lot.਍ഀ 5.1.1 In the event of damage or destruction to a residential unit due to਍ഀ fire or other disaster, the Owner of the damaged residential unit shall promptly਍ഀ commence the repair and reconstruction work necessary to restore the improvements to਍ഀ substantially the same condition as they existed prior to damage. The cost of all such਍ഀ repairs and restoration work shall be paid by the Owner of the damaged residential unit਍ഀ from the proceeds of insurance or otherwise.਍ഀ 5.1.2 Notwithstanding the above, in the event that a residential unit has਍ഀ been damaged to such an extent that it cannot be safely or cost effectively repaired, in਍ഀ lieu of rebuilding, the Owner of the destroyed or damaged residential unit may notify the਍ഀ adjoining Owner of his/her decision not to rebuild, and after consultation with the਍ഀ adjoining Owner's engineer/architect, forthwith cause the damaged Unit to be਍ഀ demolished in such a manner as to not damage the structural integrity of the Party Wall or਍ഀ otherwise damage the adjoining residential unit, and all debris and rubble caused by such਍ഀ demolition shall be removed and the Lot regraded and landscaped, and the Party Wall਍ഀ repaired and refinished to match the exterior fagade of the remaining residential unit.਍ഀ The cost of such demolition and landscaping, and the cost of repairing and refinishing the਍ഀ Party Wall shall be paid for by the Owner of the damaged residential unit from the਍ഀ proceeds of insurance or otherwise.਍ഀ ARTICLE SIX਍ഀ General Conditions਍ഀ 6.1 Covenants Run With the Land. The covenants and restrictions of this਍ഀ Agreement shall run with and bind the Lots and shall inure to the benefit of and be਍ഀ enforceable by the Owner of either Lot subject to this Agreement, their respective legal਍ഀ representatives, heirs, successor and assigns, in perpetuity from the date this Agreement਍ഀ is recorded.਍ഀ 6਍ഀ 6.2 Amendments. This Agreement may only be amended by an instrument਍ഀ signed by the Owners of both of the Lots notarized and recorded in the real property਍ഀ records of Eagle County, Colorado.਍ഀ 6.3 Enforcement. Enforcement of these covenants, restrictions and other਍ഀ provisions of this Agreement shall be by an Owner by any proceeding at law or in equity਍ഀ against any person or persons violating or attempting to violate any covenant or਍ഀ restriction, either to restrain the violation and/or recover damages, and against the Lots to਍ഀ enforce any lien created by this Agreement. The omission or failure of any Owner to਍ഀ enforce any covenant, restriction or other provision set forth in this Agreement shall in no਍ഀ event be deemed a waiver of the right to do so thereafter. In the event of arbitration਍ഀ pursuant to this Agreement, the prevailing party shall be entitled to all costs expended,਍ഀ including reasonable attorneys' fees.਍ഀ 6.4 Partial Invalidity. If any provision of this Agreement or any paragraph,਍ഀ sentence, clause, phrase or word, or the application thereof in any circumstance shall be਍ഀ invalidated, such invalidity shall not affect the validity of the remainder of this਍ഀ Agreement, and the application of the remaining provisions, paragraphs, sentences,਍ഀ clauses, phrases and words shall remain in full force and effect.਍ഀ 6.5 Certain Terms Interchan e~ able. Whenever used herein, unless the context਍ഀ shall otherwise provide, the singular number shall include the plural, the plural the਍ഀ singular, and the use of any gender shall include all genders.਍ഀ 6.6 Address for Notices. Each Owner shall register his mailing address with਍ഀ the other Owner (if it is different from the address of his/her Unit) and all notices or਍ഀ demands intended to be served upon an Owner shall be in writing addressed to such਍ഀ Owner at such address and either (i) sent by registered or certified mail, postage prepaid,਍ഀ return receipt requested, (ii) sent via overnight carrier such as Fed Ex, or (iii) personally਍ഀ delivered and shall be deemed received on the date personally delivered or set for the on਍ഀ the receipt.਍ഀ 6.7 Evidence of Compliance with the Agreement. Prospective purchasers of a਍ഀ Lot shall be entitled to determine if a selling Owner is in default with respect to any਍ഀ maintenance obligation or any other obligation under this Agreement by delivering a਍ഀ written inquiry with respect thereto to the Owner of the other Lot. If no response is਍ഀ received to such inquiry within fifteen (15) days of the date said notice is delivered, the਍ഀ nonselling Owner shall be deemed to have waived any claims against the selling Owner਍ഀ arising under this Agreement except for any claim evidenced by a lien filed of record in਍ഀ accordance with the provisions of Section 6.9 hereof prior to the date such notice is਍ഀ delivered.਍ഀ 6.8 Payment by Third Parties. Any first mortgage of any Lot may jointly or਍ഀ singularly pay any taxes, liens or other charges which are in default and which may or਍ഀ have become a charge against the Lot(s) and may pay overdue premiums for hazard਍ഀ insurance policies or secure new hazard insurance coverage in the lapse of such policy for਍ഀ such properties and any first mortgage upon the making of such payment shall be਍ഀ immediately owed reimbursement therefore from the Owner.਍ഀ 6.9 Owner's Lien. Wherever in the agreement it is provided that an Owner is਍ഀ entitled to a lien on the Lot, residential unit or property of an Owner, the obligation of਍ഀ such Owner shall be personal and the lien shall be on such Owner's residential unit and਍ഀ Lot but shall be inferior to the lien, a first mortgage or trust deed holder. The lien shall਍ഀ be evidenced by a notice thereof recorded in the real property records for Eagle County,਍ഀ Colorado. The Owner entitled to the lien shall have the right to sue to collect the debt or਍ഀ to foreclose the lien in the same fashion as either a mortgage or a deed of trust, and the਍ഀ prevailing party in such action shall be entitled to its attorneys' fees and costs. Any sum਍ഀ secured by the lien shall bear interest at the rate of eighteen percent (18%) per annum਍ഀ from the date said sum became due and owing.਍ഀ 6.10 Dispute Resolution. In the event a dispute arises under the Agreement਍ഀ including, without limitation, the failure of the Owners to reach any mutual agreements਍ഀ required hereunder, said dispute shall be settled by binding arbitration. The Owners shall਍ഀ select a mutually acceptable third party to arbitrate said dispute. In the event that the਍ഀ parties cannot agree upon a single arbitrator, each party shall chose one arbitrator, and਍ഀ such arbitrators shall choose one additional arbitrator, and the decision resolving the਍ഀ dispute shall be by majority of all of the arbitrators. Should any party refuse to appoint਍ഀ an arbitrator within ten (10) days after written request therefore by an Owner, the Owner਍ഀ requesting arbitration shall be empowered to select an arbitrator for the refusing party.਍ഀ The parties to the arbitration shall initially share the costs thereof, but the prevailing party਍ഀ shall be entitled to an award of its attorney's fees, costs and expenses. The decision of਍ഀ the arbitrators shall be binding and nonappealable.਍ഀ In witness whereof, the undersigned Owners have executed this Agreement as of਍ഀ the day and year first above written.਍ഀ LOT 32A OWNER:਍ഀ 811 Potato Patch Drive, LLC,਍ഀ A Colorado limited liability company਍ഀ By:਍ഀ Print Name:਍ഀ Title:਍ഀ LOT 32B OWNER:਍ഀ 811 Potato Patch Drive, LLC,਍ഀ A Colorado limited liability company਍ഀ By:਍ഀ Print Name:਍ഀ Title:਍ഀ