Loading...
HomeMy WebLinkAboutDOCS-470906-v1-Exhibit 1 to P-3 Reinvestment Agreement.DOCEXHIBIT 1 Restrictions, covenants and conditions applicable to Lot P-3, Block 5, Vail Village Fifth Filing: LAND USE. The lands in Lot P-3 shall be used only for the following purposes: a subterranean parking garage facility, paved surface parking, open space/park facility and related uses. EASEMENTS AND RIGHTS-OF-WAY. Easements and rights-of-way for roads, lighting, heating, electricity, gas, telephone, sewerage, bridle paths, and pedestrian traffic, and any other kind of public or quasi public utility service are reserved as shown on the plat of Vail Village, First Filing. No fence, wall, hedge, barrier or other improvement shall be erected or maintained along, on, across or within the areas reserved for easements and rights-of-way. SIGNS. No signs, billboards, poster boards or advertising structure of any kind shall be erected or maintained on any lot or structure for any purpose whatsoever, except such signs as reasonably necessary for the identification of residences and places of business. WATER AND SEWAGE. Each structure designed for occupancy or use by human beings shall connect with the water and sewerage facilities of the Vail Water and Sanitation District. NO private well shall be used as a source of water for human consumption or irrigation in Vail Village, First Filing, nor shall any facility other than those provided by the Vail Water and Sanitation District be used for the disposal of sewage. Mechanical garbage disposal facilities shall be provided in each kitchen or food preparing area. TRASH AND GARBAGE. No trash, ashes or other refuse may be thrown or dumped on any land within Vail Village, First Filing. The burning of refuse out of doors shall not be permitted in Vail Village, First Filing. No incinerator or other device for the burning of refuse indoors shall be constructed, installed or used by any person. Each property owner shall provide suitable receptacles for the collection of refuse. Such receptacles shall be screened from public view and protected from disturbance. LIVESTOCK. No animals, horses, or poultry of any kind except dogs, cats and other household pets shall be kept, raised or bred in Vail Village, First Filing. TREES. No trees shall be cut, trimmed or removed in Vail Village, First Filing. LANDSCAPING AND GARDENING. All surface areas disturbed by construction shall be returned promptly to their natural condition and replanted in native grasses, except where such areas are to be improved by the construction of gardens, lawns, and exterior living areas. AREA REQUIREMENTS. No structure designed for human use or habitation shall be constructed unless the aggregate floor area, exclusive of open porches, basements, carports and garages, shall be in excess of 900 square feet. TRADE NAMES. No word, name, symbol, or combination thereof shall be used to identify for commercial purposes a house, structure, business or service in Vail Village, First Filing. TEMPORARY STRUCTURES. No temporary structure, excavation, basement, trailer or tent shall be permitted in Vail Village, First Filing, except as may be necessary during construction. CONTINUITY OF CONSTRUCTION. All structures commenced in Vail Village, First Filing, shall be prosecuted diligently to completion and shall be completed within 12 months of commencement. NUISANCE. No noxious or offensive activity shall be carried on nor shall anything be done or permitted which shall constitute a public nuisance in Vail Village, First Filing. EFFECT AND DURATION OF COVENANTS. The conditions, restrictions, stipulations, agreements and covenants contained herein shall be for the benefit and binding upon each tract in Vail Village, First Filing, and each owner of property therein, his successors, representatives and assigns and shall continue in full force and effect until January 1, 2019. AMENDMENT. The conditions, restrictions, stipulations, agreements and covenants contained herein shall not be waived, abandoned, terminated, or amended except by written consent of the owners of 75% of the privately owned land included within the boundaries of Vail Village, First Filing, as the same may then be shown by the plat on file in the office of the Clerk and Recorder of Eagle County, Colorado. ENFORCEMENT. If any person shall violate or threaten to violate any of the above conditions, restrictions, stipulations, agreements and covenants, it shall be lawful for any person or persons owning real property in Vail Village, First Filing to institute proceedings at law or in equity to enforce these provisions, to restrain the person violating or threatening to violate them, and to recover damages, actual and punitive, for such violations. MUR\59599.02\470906.1