Loading...
HomeMy WebLinkAboutBrady & Jensen LLP letter 0418050 • LAW OFFICES BRADY & JENSEN, LLP WAYNE M. )ENSEN 2425 ROYAL BOULEVARD WILLIAM W. BRADY (1914.1989) RICHARD L. HEIMBERG ELGIN, ILLINOIS 60123 •ATTORNEY -AT -LAW AND ROGER K. FRANDSEN RONALD E. RASMUSSEN TELEPHONE 847 - 695.2000 CERTIFIED PUBLIC ACCOUNTANT ALFRED Y. KIRKLAND. )R. GLEN T. DOBOSZ' FAX 847- 695.3243 MICHAEL C. DEUTSCH' KEITH A. SPONG MAP IOS N. KARAYANNIS WRITER'S DIRECT DIAL FRED J. BEER* (847) 289 -3371 BRIAN L. HEIMBERG PATRICK J. CRIMMINS April 18, 2005 Mr. Michael Young 14409 Isleview Drive REC EVE Winter Garden, Florida 34787 MAY Q )005 Re: Cliffside Access Drive Matters I Toy - GCS - - DEV' Dear Mike: Roger Frandsen has asked me to work with him relative to various matters concerning your property and the access drive in Vail, Colorado. Enclosed find a checklist and draft of a Declaration of Covenants, Easements and Restrictions for the contemplated Cliffside Drive Association. We understand that it is your intent to have the northerly portion of the presently existing access drive be conveyed to be a part of your property while the remaining portion of the access drive depicted as "Tract A" on the Benchmark Engineering Services Amended Final Plat be owned for the benefit of your property, the former Rosenquist property (owned presently by people /persons named Diroff) and the David Cole property. We feel the most effective way to provide for common ownership of this "Tract A" is through the creation of an Association together with a Declaration providing for the various responsibilities of such Association. The enclosed draft of the Declaration is consistent with such intent. The enclosed Declaration draft creates easement rights for each of your property, the Diroff property and the David Cole property. Tract A is to be owned by an Association (contemplated to be a Colorado not - for - profit corporation) with one voting member for each of your property, the Diroff property and the David Cole property. Article 4 sets forth the Association obligations which are essentially all maintenance j BRADY & JENSEN. LLP Mr. Michael Young April 18, 2005 Page 2 responsibilities, insurance responsibilities and real estate tax payments with respect to Tract A. Article 5 sets forth the obligation for each of the three benefitted properties to pay one -third of the total assessments required by e Association for all of its obligations and which are to be paid on a <quarterly basis.As e checklist notes, there area number of things (legal descriptions, owners ' of tracts, etc.) that need to be clarified and/or completed for completion of the Declaration and transfer of title to any of the access drive parcels. In terms of moving forward, the most efficient approach is to be certain that all three property owners are in agreement with this concept. Therefore, a copy of the Declaration should be provided for their review. Once it is determined that all three property owners are in agreement, it would make most sense to have one Colorado attorney (agreeable to all three property owners) coordinate the various logistical requirements noted on the checklist in order to conclude this matter. After your review of the enclosed, please call to discuss how you would like to proceed. Very truly yours, Keith. A. S'`pong, for BRADY & JENSEN, LLP KAS/lw enclosures cc: Roger K. Frandsen, Esq. WkWoungm.041505 0 • YOUNG CLIFFSIDE CHECKLIST 1. Verify correct ownership of Young Parcel and other two benefitted parcels. 2. Legal for Young Driveway Parcel (for title transfer). 3. Need legal for Tract A. 4. Need correct legal for Lot 2 as same was reconfigured. 5. Does municipality need to consent to transfer of ownership of Young Driveway Parcel or transfer of ownership of Tract A to Association? A 1rjy howe. 6. Obtain title insurance commitment for each of Young Driveway Parcel and Tract A (to verify clear title and present ownership as well as to ultimately insure Mike Young ownership). 7. Are there existing utilities in Young Driveway Parcel/Tract A? 8. Consent of any mortgagees. 9. Release of any other access easement rights as to Young Drive Parcel and Tract A. 10. Need Colorado counsel to review and approve documents, prepare deeds, etc 11. Creation of Association as Colorado Not - for - Profit Association. 12. Conveyance of Young Driveway Parcel to Mike Young. 13. Finalize and record Declaration of Covenants and Easements establishing various rights as to Tract A. 14. Conveyance of Tract A to Association. docsk \YoungCliffside.ckl DECLARATION OF COVENANTS, EASEMENTS AT O D RESTRICTIONS FOR CLIFFSIDE DRIVE ASSOCIA day of —1 2005, by This Declaration ( "Declaration ) is made as of this y (collectively " Diroff'), and between Diroff, Young and Cole are MICHAEL D.YOUNG ( "Young ") and DAVID L. COLE ( "Cole ") collectively referred to herein as the "Declarant "). WITNESSETH: WHEREAS, Diroff is the owner of Lot 6, Cliffside, a re - su bdivision'of Lots G-7 and G-8, Lion's Ridge Subdivision, filing number 2, according to the r ecorded P lat thereof in book 239 at page 405, in the County of Eagle, State of Colorado (the " Diroff Lot "). WHEREAS, Young is the owner of real estate c e�t recorded February 5, 1 982 in Book subdivision of Lot 4 of the Ridge at Vail according n 7 p 3 lat recorded June 7, 1995 in Book 668 at Page 898, and a re- � 36 at Page 126 and amended Final P and G -8, Lio of Lots G -7 ns Ridge Subdivision, � subdivision of Lot 1 of Cliffside, a re-subdivision fil x�g number 2, according to the recorded Plat thereof in Book 23 fore oing legal description e in the County of Eagle, State of Colorado (the Young Lot"). he g negds to be verified]. a re- subdivision of Lots 2 and 3, Cliffside, a re- WHEREAS, Cole is the owner of Lot 2, ording to the plat subdivision of Lots G -7 and G -8, Lion's Ridge Subdivision, he fi Coun of Eagle cState of Colorado thereof recorded April 15,1975 in B (the " Lot"). [The foregoing an incomplete legal description]. WHEREAS, Diroff and Cole are the owners of that certain private dri veway parcel legally de cribed as [need legal description for Tract A] (the "Access Drive Parcel "). WHEREAS, the " Diroff Lot, Young Lot and Cole Lot" shall collectively be referred to herein as the "Lots" or, individually, a "Lot ". WHEREAS, Declarant desires to create certain easements over and upon the Access Drive Pa� cel for the benefit of the Lots. � WHEREAS, Declarant further desires to create an entity which will hold legal title to and m I intain the Access Drive Parcel which, as a beneficiary ions and to collect disburse and responsibility to administer and enforce the pro e for the w ith the arms e an assessments and charges hereinafter created to provid and lc onditions this which responsibilities and powers shall be cons Declaration. I I • • NOW THEREFORE, Declarant declares and covenants that the Lots and Access Drive Parcel shall be held, transferred, sold, conveyed, occupied and used subject to the matters hereinafter set forth. ARTICLE 1 Definitions The following words when used in this Declaration shall have the following meanings: 1. Access Reasonable access, ingress and egress so as to provide for the passage of motor vehicles and pedestrians from the Lots to and from Buffehr Creek Road. 2. Association Cliffside Drive Association, a Colorado not - for -profit corporation, its successors and assigns. [Need to verify availability of name] 3. Authorities All federal, state and local governmental and quasi - governmental agencies, bodies, entities, boards and authorities that have jurisdiction over the Lots or Access Drive Parcel, the furnishing of utilities or other services to the Lots or Access Drive Parcel, or the subdivision, improvement, development, occupancy, sale or use of the Lots or Access Drive Parcel. 4. Insurance Coveraize The maintenance of one or more general and/or comprehensive public liability and property damage policies of insurance with responsible insurance companies against claims, demands and actions for injury to or death of any one or more persons with single limit coverage of not less than an aggregate of Two Million Dollars ($2,000,000.00), including umbrella coverage, if any and naming each other Lot Owner (provided the Owner obtaining such insurance has been supplied with the name of such other Owners in the event of a change thereof) as named insured, arising from, related to or connected with the activity of Owner or its Permittees. 5. Law or Laws All laws, ordinances, rules, regulations and permit requirements of all Authorities. 6. Owner Shall mean and refer to the record owner from time to time, whether one or more person or entity, of a fee simple title to any of the Lots but excluding those having such interest merely as security for the performance of an obligation. 7. Permittees The tenant(s) or occupant(s) of a Lot, and the respective employees, agents, contractors, customers, invitees and licensees of (i) the Owner of such Lot, and/or (ii) such tenant(s) or occupant(s). D 8. Town The municipality of Vail, Colorado, it successors and assigns. -2- ARTICLE 2 Membership and Board of Directors 2.01 Membership Except as hereinafter set forth, every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership. 2.02 Voting Rights The Association shall have one class of membership and each member shall have the corresponding number of votes as set forth as follows: Lot Number of Votes Diroff Lot Young Lot Cole Lot If more than one person is the record owner of any Lot, or an Owner is a trustee, corporation, partnership or other legal entity, the vote for such Lot shall be exercised as such Owner or Owners of that Lot shall designate. Such designation shall be made in writing to the Board or in such other manner as may be provided in the By -Laws of the Association (the "By- Laws ") 2.03 Board of Directors The Association shall be governed by a Board of Directors (the "Board ") comprised of three (3) persons duly appointed or elected as provided herein and in the By- Laws. The Association shall own the Access Drive Parcel and shall Maintain and administer the improvements or landscaping thereon in accordance with the terms and provisions of this Declaration and the By -Laws. 2.04 Appointment of Directors by Members The directors shall be elected by the members at a meeting called by the President of the Association, by the Declarant, or by any two (2) members. Such meeting shall be called by notice sent pursuant to the By -Laws. 2.05 Director and Officer Liability Neither the directors nor the officers of the Association shall be personally liable to the Owners or the Association for any mistake of judgment or for any other acts or omissions of any nature whatsoever as such directors or officers, except for any acts or omissions found by a court to constitute gross negligence or fraud. The Association shall indemnify and hold harmless the directors and officers, their heirs and legal representatives, against all contractual and other liabilities to others arising out of contracts made by, or other acts of the directors and officers on behalf of, the Owners or the Association or arising out of their status as directors or officers unless any such contract or act shall have been made fraudulently or with gross negligence. The foregoing indemnification shall include indemnification against all costs and -3- • • expenses (including, but not limited to, attorney's fees, amounts ofjudgments paid and amounts paid in settlement) actually and reasonably incurred in connection with the defense of any claim, action, suit, or proceeding, whether civil, criminal, administrative or other, in which any such director officer may be involved by virtue of being or having been such director or officer; provided, however, that such indemnity shall not be operative with respect to (i) any matter as to which such person shall have finally been adjudged in such action, suit or proceeding to be liable for gross negligence or fraud in the performance of his duties as such director of officer or (ii) any matter settled or compromised, unless in the opinion of independent counsel selected by or in a manner determined by the Board, there is not reasonable ground for such person being adjudged liable for gross negligence or fraud in the performance of his duties as such director or officer. ARTICLE 3 Easements and Property Right 3.01 (a) Ownership of Access Drive Parcel The Access Drive Parcel shall be owned by the Association and used principally for Access between the Lots and Buffehr Creek Road. Therefore, a perpetual non - exclusive easement over, upon and across the Access Drive Parcel is hereby declared and granted over the Access Drive Parcel to and for the benefit of the Lots for Access between the Lots and Buffehr Creek Road by all Lot Owners together with their Permittees. As the Access Drive Parcel shall be owned by the Association, there shall be no vote or assessment attributable to same. (b) The ownership of the Access Drive Parcel together with all rights of the Association shall be subject to any easements or other matters of record burdening the Access Drive Parcel as of the date of recording of this Declaration. ARTICLE 4 Maintenance by Association 4.01 Associations' Obligations _ In addition to all other rights, powers, and duties of the Association under Law or as otherwise set forth in this Declaration and in the By -Laws of the Association, the Association shall have the following rights, powers, and duties with regard to the Access Drive Parcel and those reasonably implied to effect the Declaration's purposes, the cost and expense of which shall be paid for by the Association from assessment funds. The Association shall be responsible for any and all maintenance, repair and improvement (including capital and major improvements), restorations and additions to the Access Drive Parcel, including the existing driveway improvements located thereon, to keep same in good condition so as to provide Access to and from the Lots and Buffeter Creek Road. Such maintenance shall include, -4- V without limitation, the patching, resurfacing, elimination of potholes, snow and ice removal, trimming or other maintenance of vegetation and landscaping, or restoration or replacement of the foregoing, it being the intent that the Association be responsible for all maintenance, restoration or replacement of any component of the Access Drive Parcel. All of the foregoing maintenance, repair and replacement obligations are collectively referred to herein as "Maintenance ". The Association may elect to maintain Insurance Coverage for acts occurring upon the Access Drive Parcel or caused by the action of any employee, contractor or agent of the Association while performing services for the Association, regardless of where located. In the alternative, the Association may conclude that it is not economical for the Association to maintain the Insurance Coverage in which event, upon notice to the Lot Owners, each Lot Owner shall maintain Insurance Coverage for the acts referenced above and shall name each other Lot Owner and the Association as a named insured. At all times, each Lot Owner shall act reasonably with respect to providing the Insurance Coverage to afford protection customarily afforded by the Insurance Coverage with regard to the Access Drive Parcel, it being acknowledged that insurance customs, practices, availability and cost vary from time to time. The Association shall pay all real estate taxes and assessments, if any, attributable to the Access Drive Parcel. ARTICLE 5 Covenant for Assessments 5.01 Creation of the Lien and Personal Obligation for Assess Each Owner of a Lot (except the Access Drive Parcel as this is not to be subject to assessments), by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, hereby covenants and agrees and shall be deemed to covenant and agree to pay to the Association, for each Lot owned by such Owner, all assessments and charges levied pursuant to this Declaration, Such assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge and a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with such interest and costs, shall also be the continuing personal obligation of the person who was the Owner of such Lot at the time when such assessment fell due, as well as the successor owner of such Lot. 5.02 Purpose of Assessment The assessments levied by the Association shall be used for the purpose of (i) Maintenance, real estate taxes and assessments (as to Access Drive Parcel owned by the Association) and Insurance Coverage for the Association, and (ii) for the reasonable expenses, including professional or other services incident to the operation and management of the Association, and for otherwise carrying out the duties and obligations of the Board and of the Association as stated herein and in its Articles of Incorporation and By -Laws. 5.03 Assessment Procedure - Mutual Assessments. (a) Each year, on or before December 1, the Board shall prepare a budget for the Association for the ensuing calendar year which shall include estimated cash expenditures and -5- • • reasonable amounts as a reserve for the matters contemplated hereby, and shall, on or before December 15, notify each Owner in writing of the amount of such estimate, with reasonable itemization thereof, The budget shall also take into account the estimated net available cash income for the year, if any, that may be received by the Association. On or before March 1 of the ensuing year each Owner, jointly and severally, shall be personally liable for and obligated to pay to the Board, or as it may direct, its share of the assessment made pursuant to this Paragraph. On or before April 15 of each year following the initial meeting, the Board shall supply to all Owners an itemized accounting of actual expenses for the preceding calendar year actually incurred and paid, together with a tabulation of the amounts collected pursuant to the estimates provided, and showing the net amount over, or short of, the actual expenditures plus reserves. Any amount accumulated in excess of the amount required for actual expenses and reserves shall be credited to the next annual installment due, until exhausted, and any net shortage shall be due within thirty (30) days after rendering of the account. Such adjustments shall be allocated among the Lots that were subject to assessment during the prior year in the proportion that the annual assessment against each Lot during that year bears to the annual assessment against all the Lots during that year. (b) If said annual assessments prove inadequate for any reason, including non- payment of any Owners assessment, the Board may, subject to the limitations on the use of capital reserves charge the deficiency against existing reserves or may levy a further assessment which shall be assessed equally against all Lots subject to assessment. The Board shall serve notice of such further assessment on all Owners by a statement in writing showing the amount due and reasons therefor, and such further assessment shall become effective with the quarterly installment which is due more than ten (10) days after delivery or mailing of such notice of further assessment. All Owners shall be liable for and obligated to pay their respective adjusted quarterly assessment. (c) When the first Board elected hereunder takes office, it shall prepare a budget for the period commencing thirty (30) days after said election and ending on December 31 of the year in which said election occurs. Quarterly assessments shall be levied against all Lots subject to assessment during said period as provided in this Article. (d) The failure or delay of the Board to prepare or serve the annual or adjusted estimate on any Owner shall not constitute a waiver or release in any manner of such Owner's obligation to pay the maintenance costs and necessary reserves, as herein provided, whenever the same shall be determined, and in the absence of any annual estimate or adjusted estimate, the Owner shall continue to pay his quarterly installment at the then existing rate established for the previous period until the monthly installment which is due more than ten (10) days after such new annual or adjusted estimate shall have been mailed or delivered. 5.04 Special Assessments for Capital Improvements In addition to the annual assessments authorized above, the Board may levy special assessments for the purpose of defraying, in whole or in part, the cost of constructing or purchasing a specified capital improvement. Special assessments levied hereunder shall be due and payable at such time or times and in such manner as shall be fixed by the Board and shall be used only for the specific purpose for which such assessment was levied. In 5.05 Capital Reserves To the extent and conditional upon the annual budget including an amount specifically designated as a capital reserve, each Owner shall, as to each installment of the annual assessment paid by him, be deemed to make a non - refundable capital contribution to the Association in the proportion that the amount of such designated capital reserve bears to the total annual budget. Such proportion of each annual assessment installment paid to the Association shall be segregated and maintained by it in a special capital reserve account to be used solely for making major repairs and replacements which the Association is obligated to repair and replace in accordance with the provisions of this Declaration, and for the purchase of equipment, if any, to be used by the Association in correction with its duties hereunder. 5.06 Fixing of Assessments Both annual and special assessments shall be fixed among the Lots such that each Lot pays the percentage of the aggregate assessment as follows: Diroff Lot 33 1 /3% Young Lot 33 1 /3% Cole Lot 33 1 /3% 5.07 Commencement of Annual Assessments Annual assessments as provided for in this Article shall commence as of the recording of this Declaration. 5.08 Collection of Assessments Any installment of an assessment which is not paid within thirty (30) days shall be delinquent. The Association may bring an action against the Owner (and each of them, jointly and severally if more than one Owner) personally obligated to pay assessments and recover the same, including interest (at the rate of Wall Street Journal (or comparable publication) published prime rate plus 4 %), costs and reasonable attorney's fees for any such action which shall be added to the amount of such assessment and included in any judgment rendered in any such action. Unless prohibited or as restricted by Law, the amount of any delinquent and unpaid charges or assessments, and any such accelerated installments, together with interest, costs, and attorney's fees as above provided, shall be and become a continuing lien or charge against the delinquent Owner's Lot (and improvements) when payable and may be foreclosed by any action brought in the name of the Association. Each Owner, by acceptance of a deed or other conveyance to a Lot, vests in the Association or its agents, the right and power to bring action against Owner personally for collection of charges and assessments and consents to the continuing lien provided for herein and foreclosure for nonpayment or default in any appropriate proceeding at law or in equity. 5.09 No Waiver of Liability No Owner may waive or otherwise escape liability for assessments provided for herein by non -use of any improvements maintained hereunder by the Association, or abandonment of his Lot. 5.10 Subordination of the Lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage placed at any time on a Lot by a bona -7- fide lender (except for charges or liens existing prior to recording of such mortgage). Each holder of a first mortgage on a Lot who obtains title or comes into possession of that Lot pursuant to the remedies provided in the mortgage, foreclosure of the mortgage, or by deed (or assignment) in lieu of foreclosure, or any purchaser at a foreclosure sale, will take the Lot free of any claims for unpaid assessments or charges which became payable prior to such acquisition of title or possession, (except for charges or liens existing prior to recording of such mortgage). 5.11 Assessment Letter Upon payment of a reasonable fee and on written request of any Owner, mortgagee or prospective owner of a Lot, the Association shall issue a letter or certificate setting forth the amount of any unpaid assessments. 5.12 Inspection of Books The Association shall keep books, records and accounts of expenses which shall be available for inspection or review by the Owners upon reasonable notice and at reasonable times and locations. 5.13 Self -Help In addition to all other remedies available at law or in equity, upon the failure of the Association or another Owner to undertake any Association or Owner obligation within thirty (30) days following written notice thereof by an Owner (unless, with respect to any such breach the nature of which cannot reasonably be cured within such thirty (30) day period, the defaulting Association or Owner commences such cure with such thirty (30) days period and thereafter diligently prosecutes such cure to completion), any Owner shall have the right to perform such obligation contained in this Declaration on behalf of the Association or defaulting Owner and be reimbursed by the Association or such defaulting Owner upon demand for the reasonable costs thereof together with interest at the prime rate as published in the Wall Street Journal or comparable publication from time to time, plus two percent (2 %)(not to exceed the maximum rate of interest allowed by law). Notwithstanding the foregoing, in the event of (i) an emergency and/or (ii) blockage or material impairment of the Access rights over the Access Drive Parcel, an Owner may, after reasonable attempts by telephone or other communication to demand the default be cured, cure the same and be reimbursed by the defaulting party upon demand for the reasonable cost thereof together with interest at the prime rate, plus two percent (2 %), as above described. ARTICLE 6 General Provisions 6.01 Maintenance Standards The standard for the obligations of the Association for Maintenance pursuant to this Declaration shall be the standard in effect from time to time in the area in which the Lots are located. 6.02 Enforcement by Association or Owner In addition to all other rights herein granted to the Association, the Association or an Owner may enforce the provisions of this Declaration and am the Articles of Incorporation, By -Laws, and rules and regulations of the Association by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provisions. Without limiting the generality of the preceding sentence, proceedings may be brought to enjoin or prevent violations of this Declaration as well as recovery of damages for said violation. Owners agree that the result of every act or omission whereby any covenant or restriction contained herein is violated, it is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or in equity for abatement thereof may be exercised by the Association or any Owner. All rights and remedies may be exercised at any time and from time to time, cumulative or otherwise, and failure to enforce any such provisions shall not in anyway be deemed a waiver of the right to do so thereafter. All expenses incurred by the Association or any Owner in connection with any such proceedings, including court costs and attorney's fees, together with interest thereon at the Wall StreetJournal (or comparable publication) published prime rate plus 4 %per annum, shall be charged to and assessed against any Owner violating any such provisions and shall be added to and deemed a part of his assessment and constitute a lien on his the Declaration. Lot and be enforced as provided in 6.03 Seve_ rability Invalidation of any provisions of this Declaration by judgment or court order shall not affect any other provision hereof, all of which shall remain in full force and effect. 6.04 Title in Land Trust. In the event title to any Lot is conveyed to a title - holding trust, under the terms of which all powers of management, operation and control of the Lot remain vested in the trust beneficiary or beneficiaries, then the beneficiary or beneficiaries thereunder from time to time shall be responsible for payment of all obligations, liens or indebtedness and for the performance of all agreements, covenants and undertakings chargeable or created under this Declaration against such Lot. No claim shall be made against any such title - holding trustee personally for payment of any lien or obligation hereunder created, and the trustee shall not be I obligated to sequester funds or trust property to apply in whole or in part against such ine or the Lot obligation. The amount of such lien or obligation shall continue to be a charge or lien upon and the beneficiaries of such trust notwithstanding any transfers of the beneficial interest of any such trust or any transfers of title to such Lot. 6.05 Amendment The provisions of this Declaration may be amended by an instrument executed by Owner of not less than one hundred percent (100 %) of the Lots. Furthermore, no amendment shall he effective until recorded in the Office ofthe Recorder ofEagle County, Colorado. 6.06 Notices Any notice required or desired to be given under the provisions of this Declaration to any Owner shall be deemed to have been properly delivered when deposited in the United States mail, postage prepaid, directed to the person who appears as the Owner at his last known address, all as shown on the records of the Association at the time of such mailing. 6.07 Bindin Effect The easements, covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association M • • or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns. 6.08 Paragraph H eadin s . Paragraph headings are inserted for convenience only and are not intended to be a part of this Declaration or in any way to define, limited to describe the scope or intent of the particular paragraph to which they refer. 6.09 Applicable Law This Declaration shall be construed and interpreted in accordance with the laws of the State of Colorado. All Owners agree that an y action brought hereunder maybe brought in the circuit court having jurisdiction of the property, currently being the Circuit Court for Eagle County, Colorado. 6.10 Town Ordinances. Nothing herein shall be construed to prevent or interfere with the authority of the Town to enforce all applicable codes and ordinances. IN WITNESS WHEREOF, this instrument has been executed as of the date and year first above written. Subscribed and Sworn to Before me this day of 2005 Diroff Notary Public Subscribed and Sworn to Before me Michael D. Young this day of 2005 Notary Public Subscribed and Sworn to Before me David L. Cole this day of 2005 Notary Public docsk \YoungCJiffside.dec -10-