HomeMy WebLinkAboutADM090013411A&
11f1WProject Name:
Application Type:
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
LUPINE LLC NEW DUPLEX
DupSubPl
ADM Number: ADM090013
Parcel: 2101-131-0401-7
Project Description:
DUPLEX PLAT SUBDIVISION
Participants:
OWNER LUPINE LLC 12/10/2009
PO BOX 1057
MINTURN
CO 81645
APPLICANT HOLM CONSTRUCTION INC.
P. 0. BOX 5356
VAIL
CO 81658
License: 122-A
CONTRACTOR HOLM CONSTRUCTION INC.
P. 0. BOX 5356
VAIL
CO 81658
License: 122-A
Project Address: 4918 MEADOW DR VAIL
12/10/2009 Phone: 970-390-1315
12/10/2009 Phone: 970-390-1315
Location: UNITS A& B
Legal Description: Lot: 16 Block: 7 Subdivision: BIGHORN 5TH ADDITION
Comments:
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:
Vote: Date of Approval: 12/22/2009
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: Bill Gibson
DRB Fee Paid: $100.00
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Department of Community Developr
75 South Frontage F
Vail, Colorado-,8'
~T 970-47,9-;
Fax 970-479-:
Web: w .vailgov.,
Development Review Coprdin
Duplex Subdivisions
Application for Review by the
Planning and Environmental Commissi
U \J
1009
TOWN OF VAIL lQc
General Information: The required approval for a duplex subdivision or resubdivision of an improved duplex lot and
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. ail ov com.
Fee: $100
Recording Fees: Please visit the Eagle County website hits:/,,"mvw €aglecounty,us=clerk!pubficRecords.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: Duplex Subdivision
Physical Address: 4918 Meadow Drive CkVY (-AS A k !7
Parcel Number: 2101-131-04-017 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Property Owner: Lupine, LLC a Colorado limited liability company
Mailing Address: PO Box 5356, Vail, CO 81658
Phone: 970-390-1315
Owner's Signature:
Primary Contact/ Owner Representative: Sam Ecker
Mailing Address: PO Box 15, Avon, CO 81620
Phone: 970-479-8698
E-Mail: sam@gorerange.net FaX: 970-479-0055
For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check
Fee Paid: 1W• Co Received From: QI M CavLS-KU c7hcl%
Meeting Date: PEC No.: " O 1
Planner: Project No:
Zoning: Land Use:
Location of the Proposal: Lot: Block: Subdivision: , Ord-
Apr-09
TOWN OF VAIL, COLORADO Statement
Statement Number: R090001757 Amount: $100.00 12/10/200909:28 AM
Payment Method: Check Init: JLE
Notation: 4101 HOLM
CONSTRUCTION
Permit No:
ADM090013 Type:
Administrative
Parcel No:
2101-131-0401-7
Site Address:
4918 MEADOW DR VAIL
Location:
UNITS A & B
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
Results
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Query: exact search in OwnerlD for Lupine, LLC
Found 1 result on 1 page
1,....€k
8011494
2101-131- LUPINE LLC 004918 Subdivision: BIGHORN 5TH
04-017 MEADOW DR ADDITION Block: 7 Lot: 16...
VAIL AREA 0
Page 1 of 1
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http://property.eaglecounty.uslassessorltaxweblresults.jsp?start=0&printing=true 8/13/2009
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Land Title
GUARANTEE COMPANY
Date: 08-12-2009
Property Address:
4918 MEADOW DRIVE VAIL, CO 81657
Our Order Number: VTF50025595-3
If you have any inquiries or require Anther assistance, please contact one of the numbers below:
For Title Assistance:
Vail Title "VTF" Unit
108 S FRONTAGE RD W #203
VAIL, CO 81657
Phone: 970-476-2251
Fax: 970-476-4732
[,C EI_lWIE 1
DEC ? Q 2009
i
L TOWN OF VAIL
WELLS FARGO BANK N.A.
PO BOX 6490
245 CHAPEL PL
AVON, CO 81620
Attn: MAXWELL KEY
Phone: 970-748-4900
Fax: 970-949-8108
EMail: maxwell.l.key@wellsfargo.com
Sent Via EMail
i
Land Title Guarantee Company
rnd-rik Date: 08-12-2009
Our Order Number: VTF50025595-3
GUARANTEE COMPANY
Property Address:
4918 MEADOW DRIVE VAIL, CO 81657
Owner:
LUPINE, LLC, A COLORADO LIMITED LIABILITY COMPANY
Note: Once an original commitment has been issued, any subsequent
modifications will be emphasized by underlining.
Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com
lux Unmuuna LU au ul uux JY UJLU%.C xua.auuxw.
ESTIMATE OF T rLE FEES
ALTA Loan Policy 06-17-06 (Reissue Rate)
$3,139.00
Deletion of Exceptions 1-3 (Lender)
$40.00
Deletion of General Exception 4 (Lender)
$10.00
Endorsement Alta 9 (Lender)
$942.00
Endorsement Alta 5 (Lender)
$300.00
Endorsement 103.1 (Lender)
$30.00
Endorsement Alta 8.1 (Lender)
$30.00
Tax Report R011494
$25.00
TOTAL $4,516.00
Poo CQrZLT.L (0/2003) THANK YOU FOR YOUR ORDERI
Chicago Title Insurance Company
ALTA COMMITMENT
Our Order No. VTF50025595-3
Schedule A Cust. Ref.:
Property Address:
4918 MEADOW DRIVE VAIL, CO 81657
1. Effective Date: April 15, 2009 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Loan Policy 06-17-06 $3.430.000.00
Proposed Insured:
WELLS FARGO BANK, N.A., ITS SUCCESSORS AND/OR ASSIGNS
3. The estate or interest in the Land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
LUPINE, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
LOT 16, BLOCK 7, BIGHORN SUBDIVISION, FIFTH ADDITION, ACCORDING TO THE RECORDED
PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO.
ALTA COMMITMENT
Schedule B - Section 1
(Requirements) Our Order No. VTF50025595-3
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit:
Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
1. RELEASE OF DEED OF TRUST DATED JANUARY 30, 2008 FROM LUPINE, LLC, A
COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY
FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $1,320,000.00 RECORDED
FEBRUARY 04, 2008, UNDER RECEPTION NO. 200802323.
MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED
MARCH 26, 2009 UNDER RECEPTION NO. 200905481.
MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED
APRIL 22, 2009 UNDER RECEPTION NO. 200907299.
2. DEED OF TRUST FROM LUPINE, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE
PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF WELLS FARGO BANK, N.A. TO
SECURE THE SUM OF $3.430.000.00.
NOTE: THE OPERATING AGREEMENT FOR LUPINE, LLC, A COLORADO LIMITED LIABILITY
COMPANY DISCLOSES BALZ ARRIGONI, CLAES HOLM, AND STEFAN SCHMID AS THE
MEMBER(S) OR MANAGER(S) THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF
SAID ENTITY.
IF THERE IS A CHANGE IN OWNERSHIP OF THE PROPERTY TO BE INSURED HEREIN FROM
THE VESTED OWNER SET FORTH IN ITEM 4 OF SCHEDULE A HEREIN, THE TERMS,
PROVISIONS AND CONDITIONS OF THE TOWN OF VAIL TRANSFER TAX MAY BE
APPLICABLE.
NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.
ALTA COMMITMENT
Schedule B - Section I
(Requirements) Our Order No. VTF50025595-3
Continued:
NOTE: ITEM 4 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A
NOTARIZED FINAL LIEN AFFIDAVIT.
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. VTF50025595-3
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, 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 alien, 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 in 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. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public
Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
8. 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.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 13,
1902, IN BOOK 48 AT PAGE 491.
10. 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 NOVEMBER 25, 1966, IN BOOK 175 AT PAGE
445.
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. VTF50025595-3
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE RECORDED PLAT OF BIGHORN SUBDIVISION, FIFTH ADDITION.
NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION.
THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY
INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE
COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY
SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A
POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE
OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO
REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO
YOUR TITLE INSURANCE COVERAGE.
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 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 may be obtained from the County
Treasurer's authorized agent.
C) The 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: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII 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 Land Title Guarantee
Company 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 Lenders 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 material-men 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 un-filed
mechanic's and material-men'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 liens 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 CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
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.
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.
Fonn DISCICSURE 09/01/02
.
NOTICE OF PRIVACY POLICY
Fidelity National Financial Group of Companies / Chicago Title Insurance Company
Security Union Title Insurance Company
July 1, 2001
es t the privacy expectations of today's consumers and the requirements of applicable federal and
We recognize and r ~
f ate privacy laws. Webelieve that making you aware of how we use your non-public personal information ("Personal
st
Inormation and to whom it is disclosed, will form the basis for a relationship of trust between us and the public
that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy
Statement from time to time consistent with applicable privacy laws.
In the course of our business, we may collect Personal information about you from the following sources:
* From applications or other forms we receive from you or your authorized representative;
* From your transactions with, or from the services being performed by, us, our affiliates, or others;
* From our internet web sites;
* From the public records maintained by governmental entities that we either obtain directly from those
entities, or from our affiliates or others; and
* From consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees who need such access in
connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real
estate settlement service providers. We also may disclose your Personal Information:
* to aag~ents, brokers or representatives to provide you with services you have requested;
* to Ed-party contractors or service providers who provide services or perform marketing or other
functions on our behalf; and
* to others with whom we enter into joint marketing agreements for products or services that we believe you
may find of interest.
Sndd ition wedisclose your Personal Information when ou direct or ve us permission, when we are required
aw to ~o sowhen we suspect fraudulent or criminal acivities. We o may disclose your Personal
rmation when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed
to enforce our rights arising out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public
domain. Such documents may contain your Personal Information.
Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out
to whom your Personal Information has been disclosed. Also, certain states afford you the right to request
correction, amendment or deletion of your Personal Information. We reserve the not, where permitted by law, to
charge a reasonable fee to cover the costs incurred in responding to such requests.
All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company
shall be in writing, and delivered to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
4050 Calle Real, Suite 220
Santa Barbara, CA 93110
Multiple Products or Services
If we provide you with more than one financial product or service, you may receive more than one privacy notice
from us. We apologize for any inconvenience this may cause you.
Fonn =.PM.CHI
r
NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION
AND
MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLTTY COMPANY, DB/A
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and
Meridian Land Title, LLC, d/b/a Land Title Guarantee Company - Grand Junction.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
* applications or other forms we receive from you, including communications sent through TMX, our
web-based transaction management system;
* your transactions with, or from the services being performed by, us, our affiliates, or others;
* a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
* the public records maintained by governmental entities that we either obtain directly from those entities,
or from our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as
follows:
* We restrict access to all Personal Information about you to those employees who need to know that
information in order to provide products and services to you.
* We maintain physical, electronic and procedural safeguards that comply with federal standards to
protect your Personal Information from unauthorized access or intrusion.
* Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
action.
* We regularly access security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Form PPJV.PM. LTG. 1
C F-
D
PARTY WALL AGREEMENT CF C, ? 2 09
AND
DECLARATION OF TOW,,,,,,, = VA COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
THIS PARTY WALL AGREEMENT AND DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS is made by
Lupine LLC, a Colorado limited liability company (referred to herein as "Declarant")
concerning Lots 16B and 16A, Block 7, Bighorn Subdivision, Fifth Addition, a
Resubdivision of Lot 16, Block 7, Bighorn Subdivision, Fifth Addition, according to the
recorded Duplex Plat thereof, County of Eagle, State of Colorado.
RECITALS:
A. Declarant is the owner of the Property.
B. Declarant has caused to be constructed on the Property a building or
buildings containing two contiguous residential dwellings.
C. Declarant deems it desirable to establish covenants, conditions,
restrictions, easements, and other provisions of this Declaration with respect to the use,
occupancy and enjoyment of the Property.
NOW THEREFORE, to further the general purposes herein expressed, Declarant
does hereby publish and declare that the following covenants, conditions, restrictions,
easements and other provisions shall run with the land, shall be a burden and a benefit to
Declarant and to each person and entity having any interest in any part of the Property,
and each of their respective heirs, personal representatives, executors, administrators,
devisees, successors and assigns.
ARTICLE 1
DEFINITIONS
In addition to the terms defined elsewhere in this Agreement, the following terms
used in this Agreement shall have the following meanings:
1.1 "Access Easement" shall mean the area shown on the Plat and identified
as "Access Easement." The Access Easement located on Lot 16B is for the benefit of Lot
16A and is a burden on Lot 16B. The Access Easement located on Lot 16A is for the
benefit of Lot 16B and is a burden on Lot 16A. The purposes of and rules governing the
Access Easement are set forth more fully in Article 2 below.
1.2 "Common Driveway" shall mean the driveway now or hereafter located on
the Property within the Access Easement, whether the surface is black top, bituminous,
paved, concrete, brick pavers or another material, and serving both Lot 16B and Lot 16A.
1.3 "Duplex" shall mean the building or buildings located on the Property
containing two contiguous residential dwellings.
1.4 "First Mortgage" shall mean a Mortgage, the lien of which is superior and
prior to the liens of all other Mortgages.
1.5 "First Mortgagee" shall mean the holder or beneficiary of the obligation
secured by a First Mortgage.
1.6 "Improvements" shall mean all structures, buildings, improvements,
pavement, Landscaping and fixtures of any kind now or hereafter located on any part of
Lot 16A and Lot 16B, including each of the Units.
1.77 "Landscaping" shall mean the lawn, bushes, trees, shrubs, grasses, flowers
and other vegetation, rock gardens, boulders and other similar decorative devices now or
hereafter located on Lot 16A and Lot 16B.
1.8 "Lot" shall mean either Lot 16A or Lot 1613, and "Lots" shall mean both
Lot 16A and Lot 16B.
1.9 "Lot 16A" shall mean the southern-most Lot which is designated as such
on the Plat (which shall be a separate fee simple estate), together with all rights,
appurtenances and privileges now or hereafter belonging or in any way pertaining to such
parcel, and also together with all Improvements now or hereafter located thereon, unless
the context requires otherwise.
1.10 "Lot 1613" shall mean the northern-most Lot which is designated as such
on the Plat (which shall be a separate fee simple estate), together with all rights,
appurtenances and privileges now or hereafter belonging or in any way pertaining to such
parcel, and also together with all Improvements now or hereafter located thereon, unless
the context requires otherwise.
1.11 "Mortgage" shall mean any mortgage, deed of trust or other instrument
conveying or pledging any interest in any Lot as security for payment of an obligation.
1.12 "Mortgagee" shall mean the holder or beneficiary of an obligation secured
by a Mortgage.
1.13 "Occupant" shall mean any Owner, tenant of an Owner or other person
actually residing in a Unit and any guest or invitee of any such Owner, tenant or other
person. "Occupants" shall mean more than one Occupant.
1.14 "Owner" shall mean the record holder of fee simple title to any one Lot,
except that if two or more persons or entities together hold record fee simple title to any
2
one Lot, each of such persons or entities shall be an "Owner." "Owners" shall mean more
than one Owner.
1.15 "Party Wall Agreement" or "Agreement" shall mean this Party Wall
Agreement and Declaration of Covenants, Conditions, Restrictions and Easements, as the
same may be amended, supplemented, or restated from time to time.
1.16 "Plat" shall mean the plat entitled "Duplex Plat, Bighorn Subdivision,
Fifth Addition, a Resubdivision of Lot 16, Block 7, Town of Vail, County of Eagle, State
of Colorado", which is being recorded simultaneously herewith in the Office of the Clerk
and Recorder of Eagle County, Colorado, as same may be amended.
1.17 "Property" shall mean Lot 16, Block 7, Bighorn Subdivision, Fifth
Addition, according to the recorded Plat thereof, County of Eagle, State of Colorado.
1.18 "Unit" shall mean any one of the two residential dwelling units within the
Duplex. "Units" shall mean both of such dwelling units.
ARTICLE 2
EASEMENTS
2.1 Access Easement. The Common Driveway is located within the Access
Easement and Parking Easement. There is hereby created an easement for ingress and
egress for the benefit of the Owner and Occupants of Lot 16A, and their guests, invitees
and agents, on, over, across, in, under and through the Access Easement located on Lot
16B. There is hereby created an easement for ingress and egress for the benefit of the
Owner and Occupants of Lot 16B, and their guests, invitees and agents, on, over, across,
in, under and through the Access Easement located on Lot 16A.No Owner or Occupant of
a Lot or their guests, invitees or agents shall hinder or permit the hindrance of reasonable
ingress to or egress from the other Lot or the Unit located thereon by way of the Common
Driveway.
2.2 Parking Easement. There is hereby created an easement for the benefit of
the Owner and Occupants of Lot 16B for the parking of motor vehicles in the area on the
Plat designated "Parking Easement" on Lot 16A. There is hereby created an easement
for the benefit of the Owner and Occupants of Lot 16A for the parking of motor vehicles
in the area of the Plat designated "Parking Easement" on Lot 16B. The area within the
Parking Easement shall be available as parking for both Lots, rovid however, in the
event that the Owners or Occupants of both Lots desire to park vehicles in the Additional
Parking area at the same time, then the northern-most half of the Parking Easement area
shall be for the exclusive use of Lot 16B and the southem-most half of the Parking
Easement area shall be for the exclusive use of Lot 16A.
2.2 Easement for Maintenance of the Common Driveway. The Owner and
Occupants of each Lot shall have an easement on, over, across, in, under and through that
portion of the other Lot for purposes of installation, inspection, maintenance, repair,
restoration and replacement of the Common Driveway.
2.3 Easement for Maintenance of Separate Utilities. The Owner of each Lot
shall have an easement on, over, across, in, under and through the other Lot for purposes
of installation, existence, inspection, maintenance, repair, restoration and replacement of
any separate utility, provided, however, such lines, equipment, facilities and other
property shall be inspected, maintained, repaired, restored, and replaced in such a manner
as to cause the least disturbance to the other Lot as may be reasonably practicable.
2.4 Interpretation of Easements. The easements herein created are non-
exclusive, perpetual easements that shall run with the land, provided that if Lot 16A and
Lot 16B are ever recombined into one lot, the Easements shall thereupon terminate.
Except as otherwise specifically provided in this Agreement, said easements shall be
interpreted to give equal rights of use of each easement to the dominant and servient
estates.
ARTICLE 3
USE AND MAINTENANCE OF COMMON DRIVEWAY
3.1 Use and Maintenance of Common Driveway. The Owners of both Lots
shall keep the Common Driveway in a condition of good order and repair and shall cause
such inspection, maintenance, repair, restoration and replacement as may be necessary to
keep the Common Driveway in such condition. The Common Driveway is equipped with
a snow-melt system. The snow melt system shall remain "on" at all times, as
recommended by the manufacturer, and each Owner shall be responsible for paying the
utility charges for operating the snow-melt system that are billed to each Lot. After one
full winter of operating the snow-melt system (to make sure it is operating properly), the
Owners may agree to plow the Common Driveway instead of running the snow-melt
system, in which case the costs of snowplowing shall be included in the costs of
maintaining the Common Driveway that are to be shared in accordance with section 3.2
below. In the event of damage to or the destruction of the Common Driveway (including
the snow-melt system), the Owners of both Lots shall, with due diligence, repair, restore
and/or replace the damaged or destroyed Common Driveway (including the snow melt
system) to substantially the same condition which existed prior to the damage or
destruction, and each Owner shall have the right to the full use of the Common Driveway
(including the snow-melt system), as so repaired, restored and/or replaced.
3.2 Sharing of Costs of Common Driveway.
(a) Any Owner of a Lot may cause the inspection, maintenance, repair,
restoration or replacement of the Common Driveway and snow melt system. The cost of
any inspection, maintenance, repair, restoration or replacement of the Common Driveway
shall be paid by the Owner causing such action except as provided in Section 3.2(b) or
Section 3.2(c). For purposes of this section 3.2, the term "Common Driveway" shall
include the snow-melt system.
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(b) In each of the following cases, if the Owner of a Lot has caused an
inspection, maintenance, repair, restoration or replacement of the Common Driveway,
and if such Owner has complied with Section 3.2(d), then except as provided in Section
3.2(c), the costs of such inspection, maintenance, repair, restoration or replacement
(hereinafter referred to as the "work") shall be shared by the Owners of both Lots, with
40% of such costs being paid by the Owner of Lot 16B and 60% of such costs being paid
by the Owner of Lot 16A:
(i) The work is approved by the Owner of the other Lot; or
(ii) The work is required in order to keep the Common Driveway in a
condition of good order and repair, or in order to repair, restore and/or replace
damaged or destroyed Common Driveway, whether or not the work is approved
by the Owner of the other Lot; or
(iii) The work is immediately required for the habitability of the Unit of
the Owner causing the work or for the health, safety or welfare of Occupants of
such Unit, whether or not such action has been approved by the Owner of the
other Lot; or
(c) Notwithstanding anything contained in this Section 3.2 to the
contrary, if the Common Driveway is damaged or destroyed, and if such damage or
destruction (i) is a result of the negligence or the willful act or omission of any Owner or
Occupant of a Lot, or their guests, invitees or agents or (ii) occurs in the course of the
exercise of any right or the performance of any obligation of any Owner or Occupant of a
Lot, or their guests, invitees or agents, whether or not as a result of negligence or the
willful act or omission of such Owner, Occupant, guests, invitees or agents, then the
Owner of the Lot of that Owner, Occupant, guest, invitee or agent whose act or omission
or exercise or performance of such right or obligation has resulted in such damage or
destruction shall pay the entire cost of any inspection, repair, restoration and/or
replacement necessary to repair, restore and/or replace such Common Driveway to
substantially the condition that existed before the occurrence of the damage or
destruction.
(d) Before an Owner of a Lot causes any inspection, maintenance, repair,
restoration or replacement of any Common Driveway, such Owner shall first do the
following (except in the case where immediate action is required and it would not be
reasonable to do so under the circumstances):
(i) Give at least two weeks prior notice of such work to the Owner of
the other Lot; and
(ii) Make diligent, good faith efforts to reach an agreement with the
Owner of the other Lot as to the nature, scope, timing, cost and other details of
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such work, and the arrangements among the Owners of the Lots for the payment
of the costs of such work.
(e) If an Owner receives a bill for expenses that pursuant to this Agreement
are to be shared by the Owners of both Lots, and such expenses are not within the budget
described in section 3.3 below, such Owner shall provide a copy of the bill to the other
Owner, and such other Owner shall pay, within 10 days after receipt of such bill, said
Owner's share of the amount due to the Owner who received the bill. The Owner who
receives the bill shall cause same to be paid in a timely manner.
3.3 Budget and Funding of Operating and Maintenance Expenses. Annually
on or before November 1 each year, the Owners shall agree upon a budget for estimated
expenses for maintaining, repairing, restoring or replacing the Common Driveway for the
next ensuing calendar year. The budget shall include amounts estimated to be needed in
the calendar year to cover repairs to or replacement of the snow-melt system within the
Common Driveway, but shall not include the costs of the day-today operation of the
snow-melt system, which are to be paid by each of the Owners in accordance with section
3.1 above. On or before December 31 each year, the Owners shall deposit to a checking
account (the "Common Driveway Account") an amount sufficient to cover each such
Owner's share of estimated Common Driveway expenses for the next ensuing calendar
year. In addition to the amounts determined under this section 3.3, the Owners may agree in
any fiscal year that additional amounts shall be contributed for the purpose of defraying, in
whole or in part, the cost of any construction or reconstruction, unexpected repair or
replacement of the Common Driveway, or for any other expense incurred or to be incurred
as provided in this Declaration. Unless otherwise agreed, the Owner of Lot 16A shall be
responsible for maintaining the Common Driveway Account and paying Common
Driveway expenses fitom such account. The Owner that is responsible for paying the
Common Driveway expenses is hereby authorized to use the funds deposited by the Owners
in the Common Driveway Account in payment of such expenses. The Owner responsible for
paying the Common Driveway expenses shall not comingle the funds in the Common
Driveway Account with other fiords of said Owner. The Owner who does not maintain the
Common Driveway Account shall have the right to examine the Common Driveway
Account statements and records upon request. In the event of the We of a Lot, the funds on
deposit by the selling Owner shall remain in the Common Driveway Account and shall be
considered to have been paid by the person purchasing the Lot. Unless otherwise agreed by
all Owners, under no circumstances will a refund of fiords deposited for Common Driveway
expenses be made to a selling Owner. However, at the closing of the sale and purchase of a
Lot the selling Owner shall have the right to collect from the purchasing Owner the selling
Owner's share of the funds on deposit in the Common Driveway Account.
ARTICLE 4
SEPARATE UTILITIES
4.1 Ownership/Maintenance. All utility lines, equipment, facilities and other
property now or hereafter located on Lot 16A and/or Lot 16B that are used solely to
supply a utility service to one Lot or the Improvements thereon, shall, to the extent not
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owned by the utility supplier, be owned by the Owner of the Lot to which the utility
service is provided, and shall be kept in a condition of good order and repair by such
Owner. The Owner of Lot 16A shall be responsible for all costs and expenses of
inspection, maintenance, repair, restoration or replacement of the utilities servicing only
Lot 16A, and the Owner of Lot 16B shall be responsible for all costs and expenses of
inspection, maintenance, repair, restoration or replacement of the utilities servicing only
Lot 16B. After any such inspection, maintenance, repair, restoration or replacement, the
Owner causing such work to be done shall be responsible for restoring the surface of the
land to its condition immediately prior to the performance of such work
4.2 Terms of Use. Before the Owner of a Lot causes any inspection,
maintenance, repair, restoration or replacement of any utility within the easement
described in section 2.3 above, such Owner shall first do the following (except in the case
where immediate action is required and it would not be reasonable to do so under the
circumstances):
(i) Give at least two weeks prior notice of such work to the Owner of
the other Lot; and
(ii) Make diligent, good faith efforts to reach an agreement with the
Owner of such other Lot as to the nature, scope, timing, and other details of such work.
ARTICLE 5
PARTY WALL
5.1 Reciprocal Easements. The Units share a common party wall, the
centerline of which is located on the common boundary line of Lot 16A and Lot 16B.
Each Owner shall have a perpetual reciprocal easement in and to that part of the other
Owner's Lot on which the party wall is located, for party wall purposes, including
maintenance, repair, and inspection; neither Owner shall alter or change the party wall in
any manner, interior decoration excepted, and the party wall shall always remain in the
same location as when erected. Either Owner shall have the right to break through the
party wall for the purpose of repairing or restoring sewer, water, utilities, etc., subject to the
obligation to restore said wall to its previous structural condition, at his own expense and to
pay the other Owner for any damage caused thereby. Either Owner shall have the right to
make use of the party wall provided such use does not impair the structural support of the
party wall. The costs of maintaining the party wall shall be borne equally by the Owners
of both Lots.
5.2 Damage or Destruction. In the event of damage or destruction of the party
wall from any cause, other than the negligence of the Owner or Occupant of either Lot or
such Owner's or Occupant's guests, invitees or agents, the then Owners shall, at joint
expense, repair or rebuild said wall, to its previous condition, and each Owner, their
successors and assigns, shall have the right to the full use of said wall so repaired and
rebuilt. Notwithstanding anything to the contrary herein, if the negligence of an Owner or
Occupant or the negligence of such Owner's or Occupant's guests, invitees or agents shall
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cause damage to or destruction of said party wall, such Owner shall bear the entire cost of
repair and reconstruction.
ARTICLE 6
MAINTENANCE ALTERATION OF LOTS
URROVEMENTS AND LANDSCAPING
6.1 Maintenance of Lots Improvements and Landscaping. Except as
provided in Article 3 above with respect to Common Driveway, the Owner of each Lot
shall keep such Lot, including the Unit and all other Improvements thereon, in a
condition of good order and repair, and shall cause such inspection, maintenance, repair,
restoration and replacement as may be necessary to keep such Lot, including the Unit and
all other Improvements thereon, in such condition. As used in this Agreement, the term
"maintenance," when used with respect to a Lot, a Unit or any Improvements, shall
include periodic painting or staining. There are two separate irrigation systems on the
Property, one for each Lot. The Owner of each Lot shall cause the irrigation system on
each such Lot to be turned on in the spring when safe to do so without the risk of pipes
bursting due to freezing temperatures and to be turned off and blown out in the fall in
time to prevent the fi=zing of such pipes. The irrigation systems shall be used and
operated in such a manner as to maintain the Landscaping in a healthy, thriving
condition.
6.2. Damage to or. Destruction of a Unit. In the event of damage to or
destruction of a Unit or other Improvements on a Lot from any cause, the Owner of such
Lot shall, with due diligence, repair, restore and/or replace the Unit or other
Improvements (other than the Common Driveway, which shall be dealt with as provided
in Article 3), as the case may be, to substantially the same condition that existed
immediately prior to the damage or destruction, including substantially the same
boundaries as prior to the damage or destruction. The cost of all the foregoing work shall
be paid by the Owner of the Lot on which such damaged or destroyed Unit or other
Improvements are located, except as provided in Section 6.3.
6.3 Payment for Certain Work Related to a Lot. Notwithstanding anything
contained in this Article 6 to the contrary, if the Unit or other Improvement on a Lot is
damaged or destroyed and if such damage or destruction (a) is a result of the negligence
or willful act or omission of any Owner or Occupant, or an Owner's or Occupant's guests,
invitees or agents, of the other Lot, or (b) occurs in the course of exercise of any right or
the performance of any obligation of any Owner or Occupant of the other Lot, or the
guests, invitees or agents of such Owner or Occupant, whether or not as a result of the
negligence or willful act or omission of such Owner, Occupant, guests, invitees, or
agents, then the Owner of the Lot of that Owner, Occupant, guests, invitees or agents
whose act or omission or exercise or performance of such right or obligation has resulted
in such damage or destruction shall pay the entire cost of any inspection, repair,
restoration and/or replacement necessary to repair, restore and/or replace such Unit, other
Improvements or Landscaping, to substantially the same condition that existed
immediately prior to the damage or destruction.
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6.4 An nearance/Alteration of a Lot. The Owners of both Lots shall make
reasonable efforts to preserve a harmonious appearance of the Units and of the
Landscaping on the Lots. No Owner shall make or permit any structural or design
change, either temporary or permanent, to the exterior of the Unit or such Owner's Lot
(including a change in the color or color scheme of the exterior or roof of such Unit or
artwork located on a Lot outside of a Unit), or construct any additional building or
structure or other Improvements (including artwork located on a Lot outside of a Unit) of
any type or nature whatsoever on such Owner's Lot, without the prior written consent of
the Owner of the other Lot, which consent shall not be unreasonably withheld or delayed.
Once approved, exterior artwork shall nonetheless remain the property of the purchasing
Owner, and such artwork may be removed by the owner of such artwork upon the sale of
such Owner's Lot.
6.5 Construction Rules. Construction related to the maintenance of, the
remodel of, or the addition to any structure on Lot 16A or Lot 16B which is commenced
shall be prosecuted diligently to completion. Owners and contractors will not disturb,
damage, or store materials or equipment on the other Owner's Lot. Owners and
contractors shall clean up all trash and debris on the construction site at the end of each
day. Trash and debris shall be placed in an enclosed dumpster or removed from the site
to a solid waste disposal sight. Any container for debris shall be located so as not to
interfere with the other Owner's Lot and use thereof. Each Owner and contractor shall be
responsible for providing adequate sanitary facilities for their construction workers. All
Owners shall be responsible for the conduct and behavior of their guests, invitees, agents,
contractors, subcontractors and employees and agents of their contractor or the
subcontractor.
6.6 Allocation of GRFA. In the event an Owner desires to add to such
Owner's Unit additional "Gross Residential Floor Area" ("GRFA") as defined in the
Town Code of the Town of Vail, Colorado, then any GRFA available under the Town
Code, as amended (excluding additional GRFA allowed to each Lot by section 12-15-5,
Additional Gross Residential Floor Area (250 Ordinance)) shall be allocable 40% to Lot
16B and 601/6 to Lot 16A, unless otherwise agreed to in writing by all Owners. Each
Owner shall cooperate with the other Owner and execute any and all documents, consents
and agreements that may be required by the Town of Vail to carry out the terms and
provisions of this section. In the event the Town of Vail adopts a different method of
determining allowable square footage for a Lot, the total square footage allowable to the
two Lots shall be allocated 40% to Lot 16B and 60% to Lot 16A.
ARTICLE 7
ENCROACHMENTS
Due to the sharing of the common party wall, there are or may be certain
encroachments of each Unit onto the Lot on which the other Unit is located, or onto the
other Unit. An easement shall exist for all such encroachments, and for the maintenance
of all such encroachments, which result from the initial construction of the Units, or
9
which hereafter arise as a result of settling or shifting of any Unit, for so long as the
Duplex stands. In the event a Unit shall be partially or totally destroyed for any reason
and then rebuilt, encroachments of parts of the rebuilt Unit onto the Lot on which the
other Unit is or was located, or onto the other Unit, due to such rebuilding, shall be
permitted, so long as such encroachments are no greater than those previously existing,
and easements for the encroachments due to such rebuilding and for the maintenance
thereof shall exist so long as the rebuilt Unit shall stand.
ARTICLE 8
USE RESTRICTIONS
8.1 Quite Enjoyment. No Owner or Occupant of a Lot shall permit any act or
omission, or permit any condition to exist, that would endanger the health of an Owner or
Occupant of the other Lot. No Owner or Occupant of a Lot shall do or permit any act or
omission, or permit any condition to exist, that would unreasonably disturb, interfere
with, impair, hinder, impede or burden (a) the use or the quiet and peaceable enjoyment
of the other Lot or the Unit on the other Lot, or (b) the exercise by any Owner or
Occupant of such other Lot of any easement or other right granted in this Agreement, or
otherwise benefiting such other Lot (so long as such exercise is in accordance with
applicable laws, ordinances, codes, rules, regulations, restrictions and covenants).
8.2 Noxious Activities. No loud, noxious or offensive activities shall be
conducted. on any Lot, and nothing shall be done or permitted to exist on any Lot that
may cause any unreasonable embarrassment, disturbance or annoyance to others.
8.3 Certain Exterior Items. None of the following shall be permitted or
maintained on a Lot (including any deck or patio of a Unit), without the written approval
of the Owner of the other Lot:
A. Satellite dishes (except that a satellite dish that complies with all
applicable laws, ordinances, codes, rules, regulations, restrictions and
covenants and that is no more than 18 inches in diameter shall be allowed
without the approval of the Owner of the other Lot);
B. Advertising of any kind (except for signs permitted by applicable
laws, ordinances, codes, rules, regulations, restrictions and covenants);
C. Outside storage of any personal property (except that neatly stored
firewood and customary deck and patio furniture, furnishings and
accessories may be kept on a Lot or the deck or patio of a Unit); and
D. High intensity exterior lighting. Only exterior lighting that is low
intensity and directed downward and in any event without unreasonable
horizontal or upward spillage shall be permitted on any Lot.
8.4 Animals. No animals shall be kept or maintained on a Lot or within a Unit
without the written approval of the Owner of the other Lot, except as follows:
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Domesticated dogs, domesticated cats, and other domesticated household
pets may be kept and maintained on a Lot or within a Unit, provided that
such dogs, and/or cats and/or other pets (a) are not kept or maintained for
any commercial purposes; (b) are kept under strict control at all times; (c)
do not create a nuisance to any Owner, Occupant, guests, invitees or agents
of the other Lot; (d) are kept from entering the other Lot; (e) do not create
or cause objectionable noise or waste; and (f) are kept and controlled in
strict compliance with all applicable laws, ordinances, codes, rules,
regulations, restrictions and covenants.
8.5 Vehicles. No boats, commercial trucks, trailers, campers, motor homes,
ATVs, recreational or inoperable vehicles may be permanently parked or stored on a Lot.
An Owner or Occupant may temporarily park such boat or vehicle on their respective
Lot, drive or parking area for the exclusive purpose of preparing and loading for trips,
unloading from trips, and for completing minor repairs and maintenance to the boat or
vehicle. If an Owner or Occupant desires to park a boat or recreational vehicle ("RV")
on a Lot for more than three consecutive days for the sole purpose of completing minor
repairs or maintenance to a boat or RV, said Owner or Occupant shall provide notice to
the other owner that the boat or RV will remain on the Lot for the purpose of completing
minor repairs or maintenance, along with an estimate of the number of days the boat or
RV will remain on the Lot, not to exceed seven consecutive days. Extended parking of
the boat or RV for more than one seven consecutive day period during any six calendar
months will not be permitted without permission of the Owner or Occupant of the other
Lot.
8.6 Timesharins. No "time sharing", "interval ownership" or similar regime,
whereby ownership of a Unit is shared by owners on a time basis, shall be established
with respect to the Unit on a Lot, without the written approval of all the Owners of both
Lots, which shall be evidenced by an instrument executed by all of the Owners of both
Lots and recorded in the Office of the Eagle County, Colorado, Clerk and Recorder.
8.7 Trash. All rubbish, trash and garbage ("trash') shall be regularly removed
from each Lot and shall not be allowed to accumulate. Trash and trash receptacles shall
not be visible from the street or from the other Lot except that trash and trash receptacles
may be temporarily placed at the edge of the street on the morning of a scheduled trash
pick-up. Trash and trash receptacles shall not be left overnight at the edge of the street
and all trash receptacles shall be returned to their permanent storage location as soon as
practicable after pick-up. Owners shall comply with any and all Town of Vail rules,
regulations and recommendations governing trash receptacles, specifically including but
not limited to the use of bear-proof containers.
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ARTICLE 9
INSURANCE
9.1 Property Insurance. Each Owner of a Lot shall provide and keep in full
force and effect, at such Owner's cost, insurance covering the Unit and all other
Improvements on such Owner's Lot, and also covering such Owner's interest in the
Common Driveway, insuring against loss or damage by fire and extended coverage perils
(including vandalism and malicious mischief) for the maximum insurable replacement
value thereof, with deductibles as are customary from time to time for duplex units of
similar value, and covering such other risks of a similar or dissimilar nature as are
customary from time to time to be covered for duplex units of similar value.
9.2 Liability Insurance. Each Owner shall provide and keep in full force and
effect, at such Owner's cost, comprehensive general liability insurance, insuring against
claims for bodily injury and death and loss of or damage to property, and other matters as
are customary from time to time to be covered by such liability insurance, occurring in,
on or upon the Lot of such Owner and the Common Driveway (and also, to the extent
reasonably obtainable, occurring in, on or upon any other part of Lot 16A and Lot 16B),
in an amount of not less than $1,000,000.00 for each occurrence and such greater amount
as may be customary from time to time in Vail, Colorado. Such liability insurance may
be carried in a single primary policy or in a combination of a primary policy and one or
more umbrella policies. All policies of liability insurance required to be provided by an
Owner pursuant to this Section 9.2 shall cover and name as insured each Owner of the
Lots. All such policies may also cover claims of one insured party against any other
insured party. All such policies shall provide that the insurer waives any and all rights of
subrogation against the Owners of the Lots.
9.3 Payment of Insurance Premiums/Certificates of Insurance/Notice of
Cancellation/Copying of Policies/Proof of Payment of Premiums. The Owner of a Lot
shall pay when due all premiums on all policies of insurance required to be carried by
such Owner under this Article. Each policy of insurance required to be carried by an
Owner of a Lot under this Article shall be issued by a responsible insurance company
authorized to do business in Colorado and shall contain the agreement of the insurer that
such policy may not be canceled or materially modified without at least 30 days prior
written notice given to each of the Owners of the other Lot and to any Mortgagee of the
other Lot of whom the Owner who is required to cant' insurance has received written
notice. The Owner of a Lot shall deliver to the Owner of the other Lot certificates
evidencing all insurance required to be carried under this Article, whenever reasonably
requested by the Owner of the other Lot. Each Owner of a Lot shall have the right to
inspect and copy all policies of insurance required to be carried by the Owner of the other
Lot and the right to require evidence of the timely payment of the premiums for such
policies.
9.4 Joint Insurance. Nothing contained in this Article shall prevent the
Owners of both Lots from jointly acquiring a single policy to cover any one or more of
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the hazards required in this Article to be separately insured against by the Owner of each
Lot.
ARTICLE 10
MECHANIC'S LIENS/INDEMNIFICATION
10.1 No Liability. Except as provided in Section 10.3 with respect to certain
work for the Common Driveway, if any Owner shall cause any material to be furnished to
or labor to be performed on such Owner's Lot, or any Improvements thereon, no Owner
of the other Lot shall under any circumstances be liable for the payment of any expense
incurred or for the value of any labor done or material furnished; and such work shall be
at the cost of the Owner causing it to be done, and such Owner shall be solely responsible
to contractors, laborers, material suppliers and other persons finnishing labor or materials
to such Owner's Lot, or any Improvements thereon. Except as provided in Section 10.3
with respect to certain work for the Common Driveway, nothing herein contained shall
authorize any Owner or any person dealing through, with or under any Owner to charge
any Lot other than the Lot of such Owner with any mechanic's lien or other lien or
encumbrance of any kind for labor done or materials furnished to such Owner's Lot, or
any Improvements thereon, and, to the contrary, the right and power to charge any Lot
other than the Lot of such Owner is hereby expressly denied, except as provided in
Section 10.3 with respect to certain work for the Common Driveway.
10.2 Indemnification. Except as provided in Section 10.3 with respect to
certain work for the Common Driveway, if, because of any act or omission of any Owner
of a Lot, any mechanic's or other lien or order for the payment of money shall be filed
against any Owner of the other Lot or against the other Lot (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 order shall, at such Owner's cost, cause the same to be canceled and
discharged of record or bonded by a surety company reasonably acceptable to the Owner
of the other Lot, within 20 days after the date of filing thereof, and further, such Owner
whose act or omission forms the basis for such lien, by acceptance of a deed to a Lot,
agrees to indemnify, defend and hold harmless all Owners of the other Lot from all
losses, liabilities, damages, claims, costs and expenses, including reasonable attorney's
fees, resulting therefrom.
10.3 Work on the Common Driyewav. If labor is performed on or materials
finished for the Common Driveway, and if the cost of such work is required to be paid
by an Owner as provided in Article 3, then such labor and materials shall be deemed to be
performed or furnished with the express consent of such Owner and shall be the basis for
the filing of a lien pursuant to Colorado law against such Owner and the Lot of such
Owner.
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ARTICLE II
OWNER'S RIGHT TO LIEN OTHER LOT
11.1 Non-Defaulting Owner's Right to Cure Defaults of Defaulting Owner. If
an Owner of a Lot shall neglect or refuse to pay, when due, any amount required to be
paid by such Owner or to perform any obligation required to be performed by such
Owner under this Agreement (a "Defaulting Owner"), then in addition to and without
limiting any other remedies that any Owner of the other Lot (the "Non-Defaulting
Owner") may have, the Non-Defaulting Owner may, but shall not be obligated to, after
15 days written notice to the Defaulting Owner (unless circumstances require immediate
action and such notice would not be reasonable under the circumstances, in which case
no notice shall be necessary), make such payment or expend such sums as may be
necessary to perform such obligation, including the payment of any insurance premiums
required to be paid under this Agreement, and the undertaking of any work required
hereunder for inspection, maintenance, repair, restoration or replacement, and the Non-
Defaulting Owner shall have an easement in and to that part of the Defaulting Owner's
Lot (including the Unit thereon) as is reasonably necessary to perform such obligations
and for any such inspection, maintenance, repair, restoration or replacement. All
amounts paid by a Non-Defaulting Owner on behalf of a Defaulting Owner are referred
to herein as "Cure Sums" and shall be repaid to the Non-Defaulting Owner upon demand.
11.2 Interest. Cure Sums shall bear interest at the rate of 18% per annum from
the date of payment by the Non-Defaulting Owner until the date repaid by the Defaulting
Owner.
11.3 Owner's Lien. All Cure Sums demanded but unpaid by the Defaulting
Owner, together with all accrued interest thereon, shall constitute alien on the Lot of the
Defaulting Owner in favor of the Non-Defaulting Owner (an "Owner's Lien"). An
Owner's Lien shall attach to the Lot of the Defaulting Owner from the date when the
Cure Sums to which it relates shall first become due. An Owner's Lien may be
foreclosed in like manner as a mortgage on real property, upon the recording of a notice
of claim thereof executed by the Non-Defaulting Owner setting forth the amount of the
Cure Sums, together with the amount of all interest then accrued thereon, the name of the
Defaulting Owner, the legal description of the Lot, and such other matters as the Non-
Defaulting Owner may deem appropriate.
11.4 Cure Sums Are Personal Obligation of Owner. All Cure Sums, and all
interest accrued thereon, shall be the personal and individual obligation of each Owner of
the Lot of the Defaulting Owner. In addition, except as provided in Sections 11.6 and
11.7, upon transfer of record fee simple title to a Lot, all Cure Sums that are unpaid at the
time of transfer, and all interest accrued thereon, shall be the personal and individual
obligation of each new transferee Owner of the Lot of the Defaulting Owner, jointly and
severally with each prior transferring Owner of such Lot.
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11.5 Priority of Owner's Lien. An Owner's Lien on a Lot shall be superior to
any and all charges, liens and encumbrances which hereafter in any manner may arise or
be imposed upon such Lot, except (a) the liens of taxes, bonds, assessments and other
levies of governmental authorities which by law are superior and (b) the lien of any First
Mortgage on such Lot made in good faith and for value. Except as provided in Section
11.6 and Section 11.7, the sale or transfer of a Lot or any interest therein shall not affect
an Owner's Lien with respect to such Lot or relieve such Lot from any subsequent
Owner's Lien which may arise in connection with Cure Sums due to a Non-Defaulting
Owner, including Cure Sums due prior to such sale or transfer.
11.6 Liability of First Mortgagee or Purchaser after Foreclosure/Foreclosure
Extinguishes Owner's Lien. Notwithstanding anything to the contrary contained in
Section 11.4 and section 11.5:
(a) If a First Mortgagee or other purchaser of a Lot who acquires record fee
simple title to such Lot pursuant to foreclosure of a First Mortgage made in good faith
and for value, such acquisition of title shall extinguish an Owner's Lien as to any Cure
Suns, and any interest accred thereon, due and payable prior to the date such Mortgagee
or purchaser acquires record fee simple title to such Lot.
(b) A First Mortgagee or other purchaser of a Lot who acquires record fee
simple title to such Lot pursuant to foreclosure of a First Mortgage made in good faith
and for value shall not be personally liable for Cure Sums or interest accred thereon, due
and payable prior to the date such Mortgagee or purchaser acquires record fee simple title
to such Lot, and the Non-Defaulting Owner may not assert an Owner's Lien on such Lot
with respect to such Cure Sums or interest. As used in this Section 11.6, the term
"pursuant to foreclosure" shall mean pursuant to the exercise of remedies to enforce a
First Mortgage, including a foreclosure sale or transfer in lieu of a foreclosure.
11.7 Statement of Status of Paid and Unpaid Amounts. Upon written request of
any Owner, Mortgagee, prospective Mortgagee, purchaser or other prospective transferee
of a Lot, the Owner of the other Lot shall issue a written statement setting forth all
amounts that are on deposit in the account described in section 3.3 above and any amount
due and payable under this Agreement from the Owner or Owners of the Lot in question,
if any, including all Cure Sums and all interest accrued on any Cure Sums ("Unpaid
Amounts"). Such statement shall be binding upon the Owner issuing such Statement and
all other Owners of the Lot of the issuing Owner, in favor of any person or entity who
may rely thereon in good faith. If the inquiring party includes in its request its mailing
address, and if that Owner to whom the inquiring party makes its request does not issue
such statement within 15 days after it receives written request therefor, the following
shall apply:
(a) The inquiring party shall have no obligation to pay, and the Owners of the
Lot of that Owner to whom the inquiring party made its request shall have no right to
collect from the inquiring party, any Unpaid Amounts that were due as of the date of the
request of the inquiring party.
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(b) No Owner of the Lot of that Owner to whom the inquiring party made its
request shall have the right to assert an Owner's Lien upon the other Lot, which is
superior to any interest of the inquiring party in the other Lot, with respect to any Unpaid
Amounts that were due as of the date of the request of the inquiring party. Such
statement shall be deemed issued to the inquiring party if it is personally delivered to the
inquiring party, or if it is sent to the inquiring party by first-class certified U.S. mail,
postage prepaid, return receipt requested. In the case of such mailing, the date of deposit
in the U.S. mail shall be deemed to be the date of issuance.
11.8 Payment by Mortgagee. Any Mortgagee holding a Mortgage on a Lot
may pay any amounts that are in default under this Agreement with respect to such Lot,
including Cure Sums and any unpaid interest accrued on any Cure Sums, and upon such
payment, such Mortgagee shall have a lien on such Lot for the amounts paid, which Lien
shall have the same priority as the lien of the Mortgage held by such Mortgagee.
ARTICLE 12
GENERAL PROVISIONS
12.1 Exception from General Provisions of Colorado Common Interest
Ownership Act. It is hereby declared that Lot 16A and Lot 16B shall not be subject to
any of the provisions of Title 38, Article 33.3 of the Colorado Revised Statutes, which is
known as the "Colorado Common Interest Ownership Act," except to the extent as may
be provided in Title 38, Article 33.3-116 of the Colorado Revised Statutes.
12.2 Covenants Run with the Land. Declarant, for itself and for its successors
and assigns, hereby declare that (a) the Lots shall be held, used and occupied for the term
herein provided, subject to the provisions of this Agreement, and (b) the provisions of
this Agreement shall run with the Land and shall be binding upon all persons and entities
who now or hereafter own any interest in any part of the Lots, for the term herein
provided.
12.3 Incorporated into Deeds and Instruments/Personal Covenants. Each
Provision of the Agreement:
(a) Shall be deemed incorporated in each deed and other instrument by which
any right, title or interest in any portion of the Lots is granted, devised, conveyed or
otherwise transferred, whether or not set forth or referred to in any such deed or other
instrument; and
(b) Shall, by virtue of acceptance of any right, title, or interest in any portion
of the Lots, be deemed accepted, ratified, adopted and declared as a personal covenant of
the grantee of such right, title or interest and, as a personal covenant, shall be binding on
such grantee, and such grantee's heirs, personal representatives, executors, administrators,
devisees, successors and assigns, and all persons and entities claiming by, through or
under such grantee; and
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(c) Shall be deemed a personal covenant to, with and for the benefit of each
other grantee of any right, title or interest in any portion of the Lots; and
(d) Shall be deemed a real covenant by each of Owner of a Lot, and also an
equitable servitude, running, in each case, for the term herein provided, as a burden with
and upon the title to each and every fee simple estate compromising any portion of the
Lots.
12.4 Legal Description. Every deed and other instrument may legally describe
a Lot in the following form (with the appropriate recording information for the Plat
included):
Lot 16A or Lot 16B, Block 7
Bighorn Subdivision, Fifth Addition,
according to the Duplex Plat recorded , 2010 at
Reception Number
County of Eagle, State of Colorado.
Every such description shall be good and sufficient for all purposes to sell, convey,
transfer, encumber or otherwise affect the Lot and all appurtenant easements, rights,
benefits, and burdens thereto as created by the provisions of this Agreement, and as may
exist prior to the recording of this Agreement, and each such description shall be so
construed.
12.5 Separate Taxation. Each Lot shall be taxed and assessed by all
governmental, quasi-governmental and private entities as a separate parcel of real
property.
12.6 Merger. In the event that Lot 16B and Lot 16A are owned by the same
Owner or Owners, the doctrine of merger shall not apply.
12.7 Easements Generally. In addition to all other easements to which the Lots
are subject, the Lots shall be subject to the easements set forth on the Plat and the
easements provided for in this Agreement, even if not specifically shown on the Plat.
Such easements provided for in this Agreement are and shall (a) remain burdens upon the
interest and ownership of each Lot, (b) be appurtenant to and conveyed as a part of a Lot
without additional reference in the conveyance, (c) be inseparable from the ownership of
a Lot, and (d) not be separately conveyed, except by amendment to this Agreement, and
also by amendment to the Plat, if such easements are specifically shown on the Plat.
12.8 Personal Obligation/Date When Payments are Due. All amounts required
to be paid by an Owner under this Agreement shall be the personal and individual
obligation of such owner. Except as otherwise provided in this Agreement, all amounts
required to be paid by an Owner under this Agreement shall be paid within 10 days after
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such Owner receives written demand for payment, containing an itemization of the
amount required to be paid.
12.9 Impairment of Structural Soundness/Interference with Quite Enjoyment or
Easements. No Owner or Occupant of a Lot, or their guests, invitees or agents shall, in
the course of exercising any right or performing any obligation of such Owner, Occupant
guest, invitee or agent under this Agreement, or otherwise, including in the course of
performing any installation, inspection, maintenance, repair, restoration or alteration, or
exercising any easement right or right of entry, do or permit any act or omission, or
permit any condition to exist which (a) impairs the structural soundness of either Unit, or
(b) unreasonably interferes with, impairs, hinders, impedes or burdens (i) the use or the
quiet and peaceable enjoyment of the other Lot or the Unit on such other Lot (so long as
such use and enjoyment are in accordance with applicable laws, ordinances, codes, rules,
regulations, restrictions, and covenants), or (ii) the exercise by any Owner of such other
Lot of any easement or other right granted in this Agreement, or otherwise benefiting
such other Lot (so long as such exercise is in accordance with all applicable laws,
ordinances, codes, rules, regulations, restrictions and covenants).
12.10 Joint and Several Liabilities of the Owners. The parties, if more than one,
having the ownership of a Lot shall agree among themselves how to share the rights and
obligations of such ownership, but all such parties shall be jointly and severally liable for
performance and observance of all of the duties and obligations of an Owner hereunder with
respect to the Lot in which they own an interest. If there is more than one Owner of a Lot,
the Owners shall designate one of such Owners to act as the representative of all the Owners
of said Lot, and shall provide written notice to the Owner of the other Lot of the name,
mailing address and phone number of the designated representative. If no such designation
is made, or if the Owners of a Lot shall fail to provide such written notice to the Owners of
the other Lot, the Owners of the other Lot shall have the right to rely on the statements and
decisions of any Owner of such Lot.
12.11 Notices. All notices required or permitted to be given hereunder shall be
in writing. All notices or demands intended to be served upon Owners shall be sent by
certified mail, postage prepaid, or overnight courier addressed in the name of the
representative of the Owners at the mailing address provided pursuant to Section 12.10
above. Alternatively, the Owners may exchange fax numbers and email addresses, and in
that event notices may also be sent via email or fax. In the alternative, notice may be
delivered personally to the representative of the Owners of a Lot. If no designation of a
representative is made, or if the Owners of a Lot shall fail to provide to the Owners of the
other Lot written notice of the name, mailing address, fax number or email address of the
Owner of such Lot or of such Owner's representative, notice may be sent to the address of
the Owner as shown on the records of the Eagle County Assessor. Notices shall be
considered effective as follows: if hand-delivered or emailed, when received, if receipt is
confirmed by a telephone call to the recipient; if delivered by facsimile transmittal, upon
transmission if evidenced by a machine-generated confirmation of receipt; if delivered by
overnight courier, one business day after timely deposit with the courier service, charges
18
prepaid or billed to the sender's account with said courier service, or if mailed, three days
after deposit, first class postage prepaid, with the United States Postal Service.
12.12 Provisions Cumulative. Each of the provisions of this Agreement is
cumulative with and in addition to each and every other one of the provisions of this
Agreement. The provisions of this Agreement are intended to compliment and
supplement one another, and each of them shall be given the fullest effect possible.
12.13 Conflict with Other Restrictions. Notwithstanding anything to the
contrary contained in this Agreement, in the event of a conflict between any provisions of
this Agreement and any other provision of any other covenant, condition, restriction or
easement to which Lot 16A or Lot 16B is subject as of the date of the recording of this
Agreement, the provision which is the more stringent or restrictive shall govern and
control.
12.14 Termination Upon Total Condemnation. If all of Lot 16A and Lot 16B is
taken, condemned, sold or otherwise disposed of in lieu or in avoidance of condemnation,
then the regime created by this Agreement shall terminate.
12.15 Revocation. Termination, Amendment. This Agreement shall not be
revoked, terminated or amended, except as provided in Section 12.14 with respect to
condemnation of all of Lot 16A and Lot 16B, without the written consent of all of the
Owners of both Lots, which shall be evidenced by an instrument executed by all of the
Owners of both Lots and recorded in the Office of the Clerk and Recorder of Eagle
County, Colorado.
12.16 Mediati on. In the event the Owners shall disagree about the decisions
requiring the approval of Owners, and they cannot resolve it within 30 days, resolution of
such issues shall be pursued through mediation, which, unless the Owners unanimously
agree otherwise, shall be in conducted in Eagle County, Colorado with a mediator agreed to
by all Owners. In the event the Owners shall be unable to agree upon a mediator within 10
days after the expiration of the 30 day period, the Owners shall each select a mediator and
those mediators shall agree upon a another mediator, who shall conduct the mediation. The
Owners shall share equally the mediator's fee and any filing fee. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction
thereof.
12.17 Enforcement of the AUeement. Each Owner shall have the right to
enforce, by a proceeding at law or in equity, all of the provisions of this Agreement. All
remedies of enforcement of the provisions of this Agreement shall be cumulative, and the
exercise of one remedy of enforcement shall not preclude or limit the exercise of any
other remedy of enforcement. Failure by any Owner to enforce any provision of this
Agreement shall not operate as a waiver of any such provision or the right to enforce such
provision thereafter, or a waiver of any other provision of this Agreement. The
prevailing party in any legal action arising under this Agreement, including any
19
proceeding to foreclose an Owner's Lien, shall be entitled to reimbursement of all costs
and expenses of such action, including reasonable attomeys' fees.
12.18 Term of Agreement. The provisions of this Agreement shall continue and
remain in full force and effort until the later of (a) January 1, 2099 or (b) the date when
the Duplex (as the same may have been repaired, restored and/or replaced) ceases to
exist, unless the term of this Agreement is extended by the written consent of all of the
Owners of both Lots, or this Agreement is terminated earlier by the written consent of all
the Owners of both Lots, which extension or termination shall be evidenced by an
instrument executed by all of the Owners of both Lots and recorded in the Office of the
Eagle County, Colorado, Clerk and Recorder.
12.19 Rule Against Perpetuities. Notwithstanding anything to the contrary
contained in this Agreement, each provision of this Agreement which is subject to the
laws or rules sometimes referred to as the rule against perpetuities or the rule prohibiting
unreasonable restraints or alienation shall continue and remain in full force and effect for
the period of 21 years following the death of the last survivor of the now living issue of
President Barack Obama, unless revoked or terminated earlier as provided herein.
12.20 Sev~tiiri. The determination by a court of competent jurisdiction that
any provision of this Agreement is invalid or unenforceable shall not affect the validity or
enforceability of any of the other provisions of this Agreement, all of which shall
continue in full force and effect.
12.21 Changes of Circumstance. Except as otherwise expressly provided in this
Agreement, no change of conditions or circumstances shall operate to extinguish,
terminate or modify any of the provisions of this Agreement.
12.22 Gender and Number. Whenever the context of this Agreement so
requires, words used in the feminine, masculine or neuter gender shall include each other
gender, words used in the singular shall include the plural and words used in the plural
shall include the singular.
12.23 Governing Laws/Venue. This Agreement is made and executed under and
shall be governed and construed by the laws of the State of Colorado. All proceedings to
enforce any of the provisions of this Agreement, whether at law or in equity, shall be
brought in and only in the courts of Eagle County, Colorado.
12.24 Inseparability. Every gift, devise, bequest, conveyance, encumbrance,
transfer or other disposition of a Lot shall be presumed to be a gift, devise, bequest,
conveyance, encumbrance, transfer or other disposition, respectively, of the entire Lot.
12.25 Use of Term "Including." When the term "including" or the term
"include" is used in this Agreement, it shall mean "including without limitation," as the
case may be, unless the context requires otherwise.
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12.26 Headings. The headings of Articles and Sections in this Agreement are
for the convenience of reference only, and they shall not be used to construe this
Agreement.
IN WITNESS WHEREOF the Declarant has executed this Agreement and
Declaration of Covenants, Conditions and Restrictions on the date set forth below.
Lupine LLC, a Colorado limited liability company
By: D zJ
e~-5-
Claes Holm, President Date
By: ; .
B Secretary Date
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this a~, day of
b :fin , 20", by Claes Holm as President of Lupine LLC, a Colorado limited liability
company. .
s
Witness my hand and official seal. r„
My commission expires: _t ~G.t I~~
l
Notary Public o
STATE OF COLORADO )^9~c p ; i
€ P COLA
COUNTY OF EAGLE ss. Ev~a
fir, ~4
)
I'll The foregoing instrument was acknowledged before me this IZ day of
~i-`L< , by Balz Arrigoni as Secretary of Lupine LLC, a Colorado limited
liability company.
Witness my hand and official sea}.
My commission expires: -7
d 1 'ir7 '.n
Notary Public
21
JOINDER OF LIENOR
The undersigned, beneficiary under the Deed of Trust recorded May 28, 2009 as
Reception No. 200910283 in the office of the Clerk and Recorder of Eagle County,
Colorado, as amended and supplemented from time to time (the "Deed of Trust"), for
itself and its successors and assigns, approves the foregoing Party Wall Agreement and
Declaration of Covenants, Conditions, Restrictions and Easements (the "Agreement")
affecting the property encumbered by the Deed of Trust, and agrees that no foreclosure or
other enforcement of any remedy pursuant to the Deed of Trust shall impair, invalidate,
supersede or otherwise affect the covenants, conditions, restrictions and easements
established by the Agreement.
Wells Fargo Bank, National Association
By:
STATE OF COLORADO )
ss.
COUNTY-OF EAGLE )
The foregoing instrument was acknowledged before me this
, 2010 by as
of Wells Fargo Bank, National Association.
Witness my hand and official seal.
My commission expires on:
Notary Public
day of
22