HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 6 LOT 9 44 WILLOW PLACE TECHNICAL APPROVALS LEGALVA,J\J JI,ft Rf^ka t^d q +{ ulUI*'yH""tTe"j\^J \;rl.'l"
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Application SuOmittat Oate
APPLICATTON FOR AN EMPLOYEE HOUSTNG UNIT (EH
INCLUDING A CONDITIONAL USE APPLICATION AND
A DESIGN BEVIEW BOARD APPLICATION
TYPE OF REQUEST: REVIEWS THAT ARE REQUIRED:
Type I EHU DRB Hearing Date_
Type ll EHU PEC Conditionat Use
Type lll EHU PEC Conditionat Use
Type lV EHU PEC Conditional Use
Hearing
Hearing
Hearing
Date
Date
Date
DRB Date
DRB Date
DRB Date
c.
D.
E.
F.
ilt.
B)
c)
conslructed in accordance with lhis Chapter shall be
of time shares, interval ownerships, or lraclional
9q'l
Type V EHU DRB Hearing Date
il.A. NAME OF PETITIONER BMS & P, a Colorado Limired ParLnership
MAILfNG ADDRESS 285 Bridge srreeE, Vail, c0 81657 PHONE 476-0092
B. NAME OF PETITIONER,S REpRESENTATIVE Jay K. PeEerson
MAILING ADDRESSSuite 307, Vail Bank Buildine PHONE 476-0092
NAMEOFOWIIER(printortype) rlts o p, " coto'"a"Limited Partnership
SIGNATURE t{ (;>l r -t.,, ./
MAILING AD Bridge SEreet, Vail, CO 81657 pHONE 476-0092
LOCATION OF PROPOSAL:
STREETADDRESS 44 Willow Road, Vail, Colorado
LEGAL DESCRIPTION: LOT 9 BLOCK 6 FIL|NG vail Village 1sr
LOTAREA L2,632 square feeE
Fee: No EHU application fee, 250 fee, or conditional use fee is required for
EHU request. A Deslgn Revlew Board (DRB) fee ls requlred.
G. Please include stamped, addressed envelopes and list of the names of the
owners of all properly adjacent to the subject property.
H. Please include proof of condominium association approval, il applicable.
CRITERIA
Section 18.04.105 - Definition
An Employee Housing Unit (EHU) shall mean a dwelling unil which shall not be leased or
rented lor any period less than lhirty (30) conseculive days, and shall be rented only lo lenants
who are full-lime employees in Eagle County. Development slandards lor EHUs shall be as
provided in Chapler 18.57 - Employee Housing. Forthe purposes ot this Section, a full-time
employee shall mean a person who works a minimum of an average ol thirly (30) hours per
week. There shall be five (5) categories of EHUs: Type l, Type ll, Type lll, Type lV and Type
V. Provisions relating lo each type ol EHU are set forth in Chapter 18.57 - Employee Housing
of lhis Code.
18.57.020 - Employee Housino Units (EHU) Generally
A) A charl attached to this applicalion form illustrates lhe requirements lor each type ol
EHU.
No employee housing unit which is
subdivided or divided inlo any form
lee.
All types of EHUs may be leased, but only to tenants who are full-time employees who
work in Eagle Counly. An EHU shallnot be leased for a period less than lhirly (30)
consecutive days. For lhe purposes ol lhis Seclion, a full-time employee is one who
works an average ol a minimum of thirty (30) hours each week.
-r\
tv.
(a)
^
t ; EHU shall not be sold, translerred, o, leV"O separatety from any
Single-Family or Two-Family dwelling it may be a part of so long as it meets
the conditions sel lorth in Section 18.57.040(8)5 ol this Chapter.
(b) A Type ll EHU shall nor be sold, lranslerrecl, or conveyed separately from the
Single-Family or Two-Family dwelling it is located within or attached to.
(c) A Type lll EHU may be sold, transferred, or conveyed separately trom other
dwelling units or employee housing units thal may be located on the same lol
or wilhin the same building in which the Type lll EHU is localed so long as it
meels the conditions set lorth in Section 18.57.060(8)11 of this Chapter.
(d) A Type lV EHU shall not be sold, translerred, or conveyed separately from
olher dwelling unils or employee housing units that may be localed on lhe
same lot or wilhin the same building in which the Type lV EHU is located.
(e) A Type V EHU shall nol be sold, transferred, or conveyed separately lrom the
Single-Family dwelling it may be located within or attaphed to.
D) Reserved.
E) No later than February 1 ol each year, the owner of each employee housing unil wilhin
lhe Town which is conslrucled following the eftective date of this ordinance shall submit
lwo (2) copies of a reporl on a form to be obtained lrom the Communily Developmenl
Departmenl, to the Community Development Department ol the Town of Vail and
Chairman ol the Town ol Vail Housing Authority setting forth evidence establishing that
each lenant whom resides within their employee housing unit is a full-time employee in
Eagle County.
F) No properly containing an EHU shall exceed lhe maximum GRFA permitted in Title 18
excepl as provided in Paragraph 18.57.040(8)4, 18.57.050(8)5 or 18.57.080(8)3 ol this
Chapter.
G) All trash lacililies shall be enclosed.
H) All surface parking shall be screened by landscaping or berms as per Design Review
Guidelines, Section 1 8.54.050(D)3.
l) Any applicant who applies for a Conditional Use Permil for lhe purpose ol conslructing
employee housing, shall nol be required to pay a Conditional Use Permil application
lee.
J) The provisions as sel lorlh in Seclion 18.57.020 paragraphs B, C, D, and E shall be
incorporated inlo a writlen agreement in a torm approved by the Town Atlorney which
shall run with the land and shall not be amended or lerminated without lhe written
approval ol the Town of Vail. Said agreemenl shall be recorded at the Counly Clerk
and Recorder Olfice prior to the issuance of a building permit for the conslruction of an
EHU.
K) Each EHU shall have ils own entrance. There shall be no interior access from any
EHU lo any dwelling unit il may be attached to.
TlME REQUIREMENTS
PEC - lf lhe request involves a conditional use, it must be scheduled for a PEC hearing prior to
a review by lhe DRB. The PEC meets the second and fourth Monday ot each rnonlh. The
review time is approximately five weeks. Please use the PEC schedule of dates lor specific
deadlines.
ALL PEC APPROVED CONDITIONAL USE PERMITS SHALL LAPSE IF CONSTBUCTION IS
NOT COMMENCED WITHIN TWO YEABS OF THE DATE OF APPROVAL AND
DILLIGENTLY PURSUED TO COMPLETION OR IF THE USE FOR WHICH THE APPROVAL
IS GRANTED IS NOT COMMENCED WITHIN TWO YEARS.
DRB - The Design Review Board meels on the 1st and 3rd Wednesdays of each month. To
allow l0r notilicalion of adjacent property owners and publicalion in the newspaper, the
informalion must be submitted to the Vail Trail the Wednesday immediately following the
application submittal. The project will lhen be reviewed al the DRB hearing approximately three
weeks tollowing the submiltal. The proposed plan and all required materials musl be submitted
according to the deadlines provided by the Community Development Deparlment.
DESIGN REVIEW BOAFD APPROVAL EXPIRES ONE YEAR AFTER FINAL
APPROVAL UNLESS A BUILDING PEBMIT IS ISSUED AND CONSTRUCTION IS
STABTED.
il.
eSeroN FoR coNDrroNAr- uselnar
PRE-APPLICATION CONFERENCE:
A pre-application conlerence with a planning stalf member is strongly suggested to
determine if any additional information is needed. No application will be accepted
unless it complete (must include all items required by the zoning administrator). lt is
the applicant's responsibility to make an appointment with the staff to find out about
additional submittal requirements.
APPLICATION INFORMATION
Four (4) copies ol the following information must be submitted:
A description of the precise nature of the proposed use and its operating
characteristics and measures proposed to make the use compatible with
other properties in the vicinity.
The description must also address:
a. Relalionship and impact of the use on development objectives ol
the Town.
b. Effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation
facilities, and other public facilities and public facilities needs.
c. Effect upon tralfic, with particular relerence to congestion,
automotive and pedestrian safety and convenience, traffic llow
and control, access, maneuverability, and removal of snow from
the streets and parking area.
d. Effect upon the character of the area in which the proposed use
is to be located, including the scale and bulk of lhe proposed use
in relation to surrounding uses.
A site plan at a scale of at least 1" = 20' showing proposed development
of the site, including topography, building locations, parking, traffic
circulation, useable open space, landscaped areas and utilities and
drainage fealures.
Preliminary building elevations and lloor plans.
A title reporl to verify ownership and easements.
lf the building is condominiumized, a letter from the condominium
association in support of the proposal musl be submitted to staff.
Any additional material necessary for the review of the application as
determined by the zoning administrator.
1.
2.
3.
4.
5.
6.
or"?rr,"ATroN - TowN oF vArL, cor-?epo
I. TYPE OF FEVIEW:
-New
Construction ($200.00)
-Minor
Alteration ($20.00)
Addition ($50.00)Conceptual Review ($0)
ll. DRB FEE: DRB fees, are to be paid at the time of submittal of DRB
. application. Later, when applying for a building permit, please identify the
accurate valuation of the proposal. The Town of Vail will adjust the fee
according to the table below, to ensure the correct fee is paid.
FEE SCHEDULE:
FEE PAID: $
FEEVALUATION
$ o -$ 10,000 $20.00$10,001 -$ s0,000 $50.00
$ s0,001 - $ 150,000 9100.00$150,000 -$ 500,000 $200.00$s00,000 -$1,000,000 $400.00Over -91,000,000 $500.00
III. IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB:
A. In addition to meeting submittal requirements, lhe applicant must slake and
tape the projecl site to indicate property lines, building lines and building
corners. All trees to be removed must be taped. All site tapings and staking
must be completed prior to the DRB site visit. The applicant must ensure that
staking done during the winter is not buried by snow.
B. The review process for NEW BUILDINGS normally requires two separate
meetings of the Design Review Board: a conceptual approval and a tinal
approval. Applicants should plan on presenting their development proposal at a
minimum of two meetings before obtaining final approval.
C. Applicants who fail to appear before the Design Beview Board on their
scheduled meeting date and who have not asked in advance that discussion on
their item be postponed, will have their items removed from the DRB docket
until such lime as the item has been republished.
D. The following items may, at the discretion of the zoning administrator, be
approved by the Community Development Department staff (i.e. a formal
hearing before the DRB may not be required):
a. Windows, skylights and similar exterior changes which do not alter the
existing plane of the building; and
b. Building addition proposals not visible from any other lot or public space.
At the time such a proposal is submitted, applicanls must include letters
from adjacent property owners and/or from the agent for or manager of
any adjacent condominium association stating the association approves
ol the addition.
E. lf a property is located in a mapped hazard area (i.e. snow avalanche, rockfall,
flood plain, debris flow, wetland, etc), a hazard study musl be submitted and
the owner must sign an affidavit recognizing the hazard report prior to the
issuance of a building permit. Applicants are encouraged to check with a Town
Planner prior to DRB application to determine the relationship of the property to
all mapped hazards.
F. For all residential construction:
a. Clearly indicate on the floor plans the inside face of the exterior
structural walls of lhe building; andb. Indicatb with a dashed line on the site plan a four foot distance from the
exterior face of the building walls or supporting celumns.
G. lt DRB approves the application with conditions or modifications, all conditions
o
of approval must be resolved prior to Town issuan
o
ce of a building permit.
lv.NEW CONSTRUCTION
A. Three copies of a recent
at a scale of 1" = 20'or
1. Lot area.
2. Two foot contour intervals unless the parcel consists of 6 acres or more'
in which case, 5'conlour intervals may be accepted.
, 3. Existing trees or groups of trees having trunks with diameters ol 4" or
more, as measured from a point one foot above grade.
4. Rock outcroppings and other significant natural features (large boulders,
intermittent streams, etc.).
5. Hazard areas (avalanche, rockfall, etc.), centerline of slream or creek,
required creek or stream setback, 100-year flood plain and slopes of
4Ah or more, if applicable.
6. Ties to existing benchmark, either USGS landmark or sewer invert. This
information should be clearly stated on the survey so that all
measurements are based on lhe same starting point. This is particularly
important for height measurements. See Policy On Survey Information'
for more information regarding surveys.
7. Locations of the following:
a. Size and type of drainage culverts, swales, etc. must be shown'
b. Exact location of existing utility sources and proposed service
lines from their source to the structure. Utilities to include:
c. Show all utility meter locations, including any pedestals to be
located on site or in the right-of-way adjacent to the site.
Revocable permits from the Town of Vail are required for
improvements in the right-of-way.
d. Property lines - distances and bearings and a basis of bearing
must be shown.
e. All easements (Title report must also include existing easement
locations)
Cable TV
Telephone
Sewer Gas
Water Electric
B.
8. Existing and finished grades.
9. Provide spot elevations of the street,
' elevation on either side of the lot, 25
lines.
Site Plan
1.
and a minimum of one sPot
feet out from the side ProPertY
2.
3,
Locations of the following:
a. Proposed surface drainage on and off site.
b. Proposed driveways. Percent slope and spot elevations must
be shown.
All existing improvements including structures, landscaped areas'
service areas, storage areas, walks, driveways, ofFstreet parking'
loading areas, retaining walls (with top and bottom of wall spot
elevations), and other existing site improvements.
These elevations and
.t-
licensed surveyor
larger, on which the following inlormation is provided:
shown underneath).grades must be Provided in
o
order for the staff to determine building height. All ridge lines should be
indicated on the site plan. Elevations for rool ridges shall also be
indicated on the site plan with corresponding finished and existing grade
elevalions.
, 4. Driveway grades may not exceed 87" unless
"pprourO
by the Town
Engineer.
C. Landscape Plan (1" = 20'or larger) - 3 copies required
1. The following information must be provided on the landscape plan. The
location of existing 4" diameter or larger trees, the location, size,
spacing and type (common and latin name) of all existing and proposed
plant material. All trees to be saved and to be removed must also be
indicated. The plan must also ditferentiate between existing and
proposed vegetation.
2. Complete the attached landscape materials list.
3. The location and type of existing and proposed watering systems to be
employed in caring for plant material following its installation.
4. Existing and proposed conlour lines.
NOTE: ln order to clarify the inter-relation ol the various development proposal
components, please incorporate as much of the above information as possible
onto the site plan.
D. Sion otf from each utility companv verifying the location of utility service and
availability (see attached).
E. A oreliminary title report must accompany allsubmittals, to insure property
ownership and location of all easements on property.
F. Architeclural Plans (1/8" = 1'or larger, 1/4" is preferred scale for review) 3
copies required.
1. Scaled floor plans and all elevations of the proposed development.
Elevations must show both existing and finished grades.
2. One set of floor plans must be "red-lined" to show how the gross
residentialfloor area (GRFA) was calculated.
3. Reductions of all elevations and the site plan (8-1/2" x 11") for inclusion
in PEC andior Town Council memos may be requested.
4. Exterior surfacing materials and material colors shall be specilied on the
attached materials list. This materials list must be completed and
submitted as a part of DRB application. Color chips, siding samples
etc., should be presented to the Design Beview Board meeting.
G. Zone check list (attached) must be completed il project is localed within the
Single-Family, Primary/Secondary or Duplex zone districts.
H. Photos of the existing site and where applicable, of adjacent structures.
l. The Zoning Administrator and/or DRB may require the submission of additional
plans, drawings, specifications, samples and other malerials (including a model)
if deemed necessary to determine whether a project will comply with Design
Guidelines.
o
LIST OF MATERIALS
o
LEGAL DESCRIPTION: LOT BLOGK
STREET ADDRESS:
I
a
NAME OF PROJECT:
SUBDIVISION
DESCRIPTION OF PROJECT:
The following information is required for submittal to the Design Review Board before a final
approval can be given:
A. BUILDING MATERIALS: TYPE OF MATERIAL COLOR
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashings
Chimneys
Trash Enclosures
Greenhouses
Other
B. LANDSCAPING: Name of Desioner:
Phone:
PLANT MATERIALS: Botanical Name Common Name Quantitv Size'
PROPOSED TREES
EXISTING TREES TO BE REMOVED
'lndicate caliper for deciduous trees. Minimum calioer for deciduous trees is 2 inches.
Indicate height for coniferous trees. Minimum heioht for coniferous trees is 6 feet.
PLANT MATERhO Botanical Name Cofnmeame Quantitv Size'
PROPOSED SHRUBS
EXISTING SHRUBS
TO BE REMOVED
'lndicate size ol proposed shrubs. Minimum size of shrubs is 5 oallon.
Tvoe Square Footaqe
GROUND COVERS
SOD
SEED
TYPE OF
IRRIGATION
TYPE OR METHOD
IRRIGATION OF
CONTROL
C, LANDSCAPE LIGHTING: lf exterior lighting is proposed, please show the number of
fixtures and locations on a separate lighting plan. ldentify each fixture from the lighting
plan on the list below and provide the wattage, height above grade and type of light
proposed.
D. OTHER LANDSCAPE FEATURES (retaining walls, fences, swimming pools, etc.) Please
specily. Indicate heights of retaining walls, Maximum height of walls within the front
setback is 3 leet. Maximum height of walls elsewhere on the property is 6 feet.
L oo. UTILITY LOCATION VERIFICATION
SUBDIVISION
JOB NAME
LOT _ BLOCK FTLTNG
ADDRESS
The location and availability ot utilities, whether they be main trunk lines or proposed lines, must
be approved and verified by the following utilities for the accompanying site plan'
Authorized Sionature Date
U.S. West Communications
1-800-922-1987
468-6860 or 949-4530
Public Service Company
949-5781
Gary Hall
Holy Cross Electric Assoc.
949-5892
Ted Husky/Michael Laverty
Heritage Cablevision T.V.
949-5530
Sleve Hiatt
Upper Eagle Valley Water
& Sanitation District'
476-7480
Fred Haslee
NOTE: 1 . This form is to verity service availability and location. This should be used
in conjunction with preparing your utility plan and scheduling installations.
2, For any new construction proposal, the applicant must provide a completed
utility verification form.
3. lf a utility company has concerns with the proposed construction, the utility
representative should not directly on the utility verification torm that there is
a problem which needs to be resolved. The issue should lhen be spelled
out in detail in an attached letter to the Town of Vail. However, please keep
in mind that it is the responsibility of the utility company to resolve identified
problems.
4. lf the utility verilication form has signatures from each of the utility
companies, and no comments are made directly on the form, the Town will
,
presume that there are no problems and that the development can proceed.
5. These verifications do not relieve the contractor of his responsibility to
obtain a street cut permit from the Town of Vail, Department of Public
Works and to obtain utilitv locations before dioqinq in any public right-of-way
or easement in the Town of Vail. A buildinq oermit is not a street cut
oermit. A slreet cut permit must be obtained separately.
' Please bring a site plan, floor plan, and elevations when obtaining Upper Eagle Valley Water &
Sanitation signatures. Fire flow needs must be addressed.
zoNE=glEcK oFOR
SFR, R, R P/S ZONE DISTRICTS
IFGAL DESCRTPTTON: Lot_ Btock_ Fiting
STREET ADDRESS:
OWNEH
ARCHITECT
ZONE DISTRICT
PROPOSED USE
LOT SIZE
Height
TotalGRFA
Primary GRFA + 425.=
SecondaryGRFA_+425.=
Setbacks: Front
Sides
Rear
Water course Setback
Site Coverage
Landscaping
Retaining Walls
Parking
Garage Credit
Drive:
DATE:
PHONE
PHONE
Allowed
(30x33)
Existino Proposed Tolal
4V
lE! t ' t trw | , I
't 6'
(30x50)
376'
Required
(300x600xe00)(1200)
Permitted Slope -1Q[ Actual Slope
Date approved by Town Engineer:
View Corridor Encroachment: Yes No ???
Environmental/Hazards: 1) Flood Plain
2) Percent Slope
3) Geologic Hazards
a) Snow Avalanche
b) Rockfall
c) Debris Flow
4) Wetlands
Previousconditionso|approva|(checkproperty|i|e):-
Does this request involve a 250 Addition?
How much of the allowed 250 Addition is used with this request?
z/s-
TYPE III EMPLOYEE HOUSING UNfI
HESTRICTIVE COVENANT
WHEREAS,B.M.S. & P., a Colorado Limited Partnlrshipis ,6e OWner Ol
cerlaln property ('the Oamef) described as:!.1t 1,E.H.U., a portion of Unit 1, 44 Willow
P1ace, according to Ehe Condominium Map recorded
in Book at Page , and aa de nthe Condomihium Dec laraE-ion recorded,, in Book at Page
County of Eagle, SEate o orado .
("the Property"); and
WHEREAS, lhe owricr wishos lo place certain rcslrictions on the use of a unit or apadment
located on the Properly for thc benefit of the oilner and the Town of Vail, cotorado (.the Town ).
NoW. THEREFORE, the owner does hereby imposo, estabtish. acknowtedgo, dectare for the
benetil ot all persons who may hereinafter purchase, or tease, or hold the subjoct land the following
restriclions, covenanls. and condilions, all of which shalt be dcemed to run with lhe land and lnure 10
the benefit and be bonding upon rhe owner, its respective granrces, successors, and assigns.
1. Unit or Apartmgil 1 E.H.u. . containlng 534 square feet, is n#uy rostricred as
a Type lll Enrployeo Housing Unit (El'lU) which must comply wilh a1 tho provisions of
seclions 18.57.020, 1s.57.030, and 18.57.060 ot the Vait Municipalcode as amonded.
2' The Type lll Employee Housing Unit shall not be leased or rcnled lor any pedod of tess
lhan thirty (30) consecutive days: and, if it shall be rented, it shall be rented only lo
renants who arc fun time cmproyees who work ln Eagle county. For thc purposes ol
lhis paragraph, a lull time employee ls one who works an average of a minimum ol
lhirty (30) hours each week.
A Type lll EHU may be sord, rransrerred, or convcyed separarery from orher dwefling
unils or Emptoyce Housing Units lhat may be located on rhe same lot or within tho
same buildlng so long.as it meets the lollowing conditions:
ta) lt inust bc used by lhe owner ot the EHU as a permanent residence. For tho
pupose of this paragraph, a permanenl residencc shall mean the home or
place in which one's habitation is tixed and to which onc, whenevor he or she
ls abscnr. has a prescnt intentlon o! returning atter a departure or absenco
'
.ll'Erefrom, regardless ol the duratlon of absence. ln determlning what ls a
3.
F{
?,{
562501 B-666 P-4't8 o5/03/95
Sara J. Fisher Eagle County
04:39P PG 1 OF 3
Clerk & Recorder
REC
15.00
DOC
permanenl residence, the Town stall shall take the lollowing circumslances
relaring lo rhe owner ot the residence inlo accounl: business pursuits,
employment, income sourccs, rssidcnce tor income or orher lax purposgs, ago,
.marilal status, residcnce ol parenls, spouse and chirct/en if any, tocation ol
personal and real property, an molor vehicle registration.
b) ll a Type lll EHU is sold, transfcred, or convcycd separatcly from the other
dwelling unirs and/or Type ilr Emproyee Housing units in a muttitamiry
slruclure it is apart of, or from other dweiling units and/or Type lll EHUs tocated
on lhe same lol, tho Type lll EHUs in tho slructure or on lhat lot shall be
subjecl to aU the provision sct torlh in Section 18.57.020.
4, Thirty days prior to lhe transler of a deed tor a Type lll El-lu, the prospective
purchaser shall submit an applicalion lo the communily Development Deparlment
documenting that lhe prospeclive purchaser meets lhe criteria set lorth above and shal
include an allidavit aflirming lhat he or she meets lhese criteria.
5. The Typc lll EHU shall nol be divided into any torm ot timeshares, interval owncrship,
or lraclional fee ownership as those lerms are delincd in lhe Municipal Code ot tho
Tgwn ol Vail.
6. No later than February 1 of each year, lhe owner ol each employee housing unit wilhin
the Town which is construclecj lollowing tho offoctive dato ot this ordinanco shalt submit
two (2) copies of a report of a form lo be obtained from the community Developmenl
departmenl, to the community dcvelopment Departmenl ol the Town of Vail and
Chairman ol the Town ol Vail Housing Authority selting lorlh evidence establishing that
each tenanl whom resides within their employee housing unit is a fult-time employee in
Eagle County. I
7. The provisions of these restrictive covenanls may be enlorced by the Owner and the
Town.
B. The condilions, reslrictions, stipulations, and agreements conlained herein shall not be
waived. abandoned, terminatcd. or amendecl cxccpt by tho wrilten consent ol bolh lho
Town of Vail and the Owner ol lhc properly.
562501 8-666 p-478 O5/03/gS 04:39p pG Z oF 3
r..{d
F{
By:
TOWN OF VAIL, a Cdondo nrunhipal corporation
L-
t'
Robert l.|.llcLaurin, Town Manager
The foregolng Instrumenl was acknovtrlodged before me ttrts {O aV ot h T - t71 f
ldJ Comn b$btt E$Ip_,rursgrj::L
My ormlsslon explres:
B-666 P-478
srh.htbdiElr!
562501 05/03/95 04:39P PG 3 oF 3
Nvl
T{oc
. \ &04^o4J ft^ho^
acknorvtcdged betore me thls"!{<tay of
KIM E. GALKO
NOTARY PUBLIC
STATE OF COLORADO
i'rrnrnissbo Froires 7-l 148
/ ??{The loregolng Instrurnent was
@)k-'
TYPE III EMPLOYEE HOUSING UNIT
RESTRICTIVE COVENANT
WHEREAS, B.M.S. & P., a Colorado Limited partnership islheOwnerot
rtion of Unlr 2, 44 tJillow
at Paee and as defined and described in Ehe
ffi664claration recor?I64
, in Book at Page County of Eagle, State of
('lhe Propertf);and
WHEREAS, the owrier wishes to place certain reslriclions on the use of a unil or apartmenl
localed on lhe Propeny for lhc bcnefil of the orrrner and the Town of Vail, cotorado (.the Town").
NoW THEREFORE, the owner does hereby impose, establish. acknowtedge, declare for tho
benefit of all porsons who may hercinatter purchase, or lease, or hold the subject tand the following
restrictions, covenants. and condillons, all of which shall be deemed to run with lhe tand and tnure lo
tho benefit and bs bonding upon the orvner, ils respeclive granlces. successors, ancl assigns.
Unit orApartmonl 2 E.tl.U, containing 577 square feet, is nelUy restricted as
a Type lll Employee Housing Unit (EHU) which must compry wirh a[ the provisions of
seclions 18.57.020, 1s.57.030, and 18.57.060 0f lhe Vail Municipal cods as amendcd.
The Type tll Employee Housing Unit shalr nor be leased or rented lor any pedod ot less
than thirty (90) consecutive days; and, if it shall be renled, it shalt be rented only to
lenanls who arc tun timc emproyees who work in Eagre counly. For the purposes ol
lhis paragraph, a lull lime employee is one who wofis an average of a minlmum ol
thirty (30) hours each week.
A Type lll EHU may be sold, rranstered, or conveyed separately from olher dwelling
unils or Employee Housing unils that may be tocated on the same lot or wilhin the
same buildino so long.as il meets the following conditions:
a) lt must be uscd by the owner ot rhe EHU as a permanent rosidence. For tho
purpose of rhis paragraph, a permanent residencc shail mean the home or
place In which one's habitalion ls fixed and to which onc. whenever he or she
is abscnl, has a present Intention of retumlng atter a departure or abserro
.therefrom,
regardloss of rho duratlon of absence. ln derermining what ls a
562502 8-666 P-479 O5/O3/95 o4:41p pc 1 oF sSara J. Fisher Eagle County Clerk & Recorder
cc-tlain properly ('the O^,nef) described trs; Unir 2, E.H.U., a
11.:" : ac 2or d ing
-
E o rhe _co.,do'oin i,fr-Jlii-l..iEll7
1.
,,{
ft
2.
3.
r.{
T{o2
REC
15.00
permanenl residence, the Town slalt shall lakc lhe following cirqrmslances
rclaling to rhe owner ol the residence inlo accounr: business pursuits,
employment. incomc sourccs, resicrcnco ror income or other tax purposos, ago,
marital stalus, residcncc ol parents, spousc and clrildren il any, localion of
personal and real propedy, an rrDlor vehicle regislralion.
b) ll a Type lll EHU is sord, translerred, or conveycd separaloty lrom the other
dwelting units and/or Type llt Employeo Housing Units in a multilamily
slructurc it is apart of, or lrom other dwelling units and/or Type ill EHUs tocated
on the same lot, the Type lll EHUs in the structure or on lhat lol shall be
subject to alt the provision set lorth in Section 18.57.020. :
Thirty days prior lo the lransler ot a deed tor a Type lll EFIU, the prospective
purchaser shall submit an application to tlrc community Developmenl Deparlment
documenting thal lhe prospeclive purchaser meels lhe critcria set torth above and sha[
include an allidavit atlirming lhal he or shc meets thesc crilcria.
The Type lll EHU shall not be dividcd into any torm ol timcshares, inlerval owncrship,
or fractional lee ownership as lhose terms are cletined in the Municipal code of tho
Tgwn ot Vail.
6' No laler than February 1 of each year, lhc owner ol oach cmployee housing unit within
the Town which is constructecl tollowing ths eltective date ol lhis ordinance shall submit
two (2) copies of a report of a lorm to be obtained from the community Development
dopartmenl, lo lhe community developmcnt Departmcnt ot the Town of Vait and
Chairman of lhe Town ol Vait l{ousing Authorily selting tortlr evidence eslablishing that
each lenant whom resides wilhin their employee housing unit is a fult-time employee in
Eagle Counly.
7, The provisions of these reslrictive covenanls may be onlorced by the Owner and lhe
Town.
8. The conditions, restriclions, stipulations, and agreements contained herein shall not be
waived, abandoned, terminaled, or amcnded except by lhe wrillen conscnl of both tho
Town ol Vail and the Orner ol tho property.
,2
562502 8-666 P-41g o5/Og/g5 04:41P PG 2 oF 3
4.
5.
?$
?'ld
TOWN OF VAIL. a Colorado munlclpal corporaUon
By:
Tho loregolng Instrurnent was acknovrtedged betore me this ;ljfr ay ot ftq. t q? fT
corrnlssion explres:Miy Connission Eqires Jw t7, t99E
q Gc^{,,J tro,.,*F{'-
The loregolng Instrument was ad<nowledged bolore me thlsg{ctay of / ??{
KIM E. GALKO
NOTAFY PUBUC
STATE OF COLORADO
i& ^ornmissiin F rircc 7-l l.9ftMy commlsslon explres:
8-666 P-4?9
.fio.het drE|,I
562502 O5/O3/95 04:41p pc 3 oF3
L?
F{
+{o3
(6)
^ttls'r TYPE III EMPLOYEE HOUSING UNIT
RESTRICTIVE COVENANT
B.l,{.S. & P., a Colorado Limited PartnershipWHEREAS,is lhe owner of
REC
15.00
P1ace,
t
ado .
cerlain propady ('the Orncf) described 6sUnir 3
accordin€ Eo Ehe COndominium Map iifi
Page , and as d,efined and described
, In l'OO
('the Property");and
WHEREAS, the Owrier wishcs to ptace certain restrictions on lhe use of a unit or apartmont
localed on lhe Propeny for thc benefil of the Orvner and the Town ol Vail. Colorado ("the Town ).
NOW. THEREFORE. the Owner does hereby impose, estabtish, acknowledge, declare tor the
benetil ol all persons who may hercinalter purchase, or leaso, or hold the subjcct land the following
restrictions, clvenants, and conditions, all of which shall be deemed to run with lho land and inure lo
the benelit and be bonding upon tho oarner, ils respective granlces, successors. and assigns.
unit or Apartmsnl 3 E'H'u' , containing 489 square leet, is neLoy restricted as
a Type lll Employee Housing Unit (EHU) which must comply with all the provisions ol
seclions 18.57.020, 1B.57.030, and 18.57.060 0f the VaitMunicipalcodo as amondcd.
The Type lll Employee Housing Unit shail not be leased or renled tor any period ol tess
lhan thirty (30) consocutive days; and. it it shall be rented. it shall be rented only to
lenants who arc luil time emproyeos who work In Eagle county. For the purposes ot
lhis paragraph, a tull lime employee is one who worts an average ol a mtnimum ol
thirty (30) hours each week.
:
A Type lll EHU may be sord, rransrerred, or conveyed separately from other dweffing
unils or Employce Housing units that may be located on the same tot or within the
same building so long.as it meets lhe tollowing condilions:
a) lt must be uscd by lhe owner ot the EHU as a permanent residence. For tho
puDose of this paragraph, a permanent residence shall mean the home or
place in which one's habitation is lixed and to which one. whenever he or sho
ls abscnt, has a present Inlenrion of returnlng afler a deparrure or absence
.lherelrom, regardtoss ol tho durallon of absence. tn determlning what ls a
1.
r{g
vl
2.
3.
F{
T{
?
562503 B-666
Sara J. Fisher
P-480 05/03/95 o4z42P' '-iagte countY Clerk
PGl OF3
& Recorder
E.l{.u.,
DOC
permanenl residerrce, lhe Town slalt shall takc lhe lollowing circumslances
relaling lo the owner ol lhe residence inlo account: business pursuils,
cmploymenl. income sources. residcncs tor income or othcr lax purposes, ago.
marital stalus, residence ot parents, spousc and childrcn it any, location of
personal and real properly, an molor vehicle regislralion.
b) ll a Type lll EHU is sold, transterrcd, or convcyed separalcly kom the other
dwelling unils and/or Type lll Employee Housing Units in a multitamily
struclure il is apart of, or from other dwelling units and/or Type ill EHUs tocated
on lhe same lot, lhe Type lll EHUs in tho structuro or on that lol shall be
subject lo all the provision set torth in Section 18.57.020.
4. Thirty days prior to the transler ol a deed tor a Type lll EHU, the prospective
purchaser shall submit an applicalion to the communily Development Department
doqjmenting that the prospedive purchaser meets the criteria set forth abovo and shalt
include an allidavit aflirming lhat he or she meets lhesc criteria.
5. The Typc lll EHU shall nol be dividcd inlo any form ot limcshares. interval ownership,
or tractional fee ownership as those lcrms are detined in lhe Municipal Code ol tho
Tgwn ol Vail.
6. No laler lhan February 1 ot each year, the owner o[ oach employee housing unit wilhin
the Town which is constructect lollowing the eflective dalo ot lhis ordinancs shall submit
two (2) copies of a report ot a form to be obtained from the community Devetopment
deparlmenl, lo the community developmenl Departmcnt ol the Town of Vait and
Chairman of the Town ol Vail l{ousing Authority selting forth evidence establishing that
each lenanl whom resides wilhin their cmployee housing unit is a tull-time employee in
Eagle Counly. I
7. The provisions ol these reslriclive covenants may be enforced by the Ownor and the
Town.
8. The conditions, restriclions, slipulalions, and agreements contained herein shall not bo N
F{
waived, abandoned, terminated, or amcnded exccpt by lhe writlen consenl of both the 5x
Town ot Vail and lhe Orvner ot thc propeny.
2
562503 8-666 P-480 05/03/95 O4t42P PG 2 oF 3
_.- ^!. -:r.- 'f ." r'
:n
By:
TOWN OF VAll- a Colorado munhipal corporation
Robert l{. McLaurin, Town Manager
The foregofng lnstrument was acknowtedged before mo this J/4ay ot hb, t qqf
My Crrrnmls$on Exfrres'tun tl, pge
\ &"^a"J fq^h^"
Tho foregolng lnstrument was acknorvtcdged botore me mis={day ot / ?",-{
L
KIM E. GALKO
NOTARYPT'BLIC
STA'IEOF COLORADOMy cornmlsslon explres:
B-666 P-480
Tfitrlntfiiffin Expires 7-l t.9g
05/03/95 04:4Zp pG 3
calE{rhtLdlElll
562503 oF3
a
"r{i'{o
,o,;rl{t' o o /ho,No"r
f a-T\5/
REVOCABLE PERI'{IT TO ERECT OR I,IAINTAINA STRUCTURE ON A PUBIJIC RIGHT-OF-WAY
o"t", -fwr^.3, t99!' /t '
Nane of Applfcant | 44 Willow Place Association
Owner of Property: B.l'!.S. & P., a Colorado Linited Partnership
Address: 44 Willow Road, VaiI, Colorado 81657
Legal Description of Property to be served:
Lot 19, Block 6, VaiI Village first Filing, according to therecorded Plat thereof.
Description of Structure or Items in night-of-Way:
Site walls, Landscaping, Driveways, and Walkway as per thedrawings dated March 15, 1994, Pierce, Segerberg & SpaehArchitects P.C., AIA located at the Office of the Town of VailPlanning Department. The area of encroachment is attachedhereto and marked as Exhibit ttAtr.
In consideration of the issuance of a revocable permit for the structure
above indicated, Applicant agrees as follows:
1. That the structure herein authorized on a revocable pernit basis isrestricted exclusively to the land described on the attachedExhibit rrAr'.
That the permit is limited specifically to the type of structuredescribed in this application.
The Applicant agrees to indernnify and hold harmless the Town ofVail, its officers, ernployees and agents from and against allliability, claJ.ms and demands on account of injury, loss or danage,including without lirnitation claims arising frorn bodily injury,personal injury, sickness, disease, death, property loss or damage,or any other loss of any kind whatsoever, which arise out of or arein any manner connected with Applicantrs activities pursuant tothis pernit, if such injury, loss, or damage is caused in whole orin party by, or is clairned to be caused in whole or in part by, theact, omission, error, professional eror, nistake, negligence orother fault of the Applicant, his contractor or subcontractor orany officer, employee or representative of the Applicant, hiscontractor or his subcontractor. The Applicant agrees toinvestigate, handle respond to, and to provide defense for anddefend against, any such liability, claims, or demands at the sole
expense of the Applicant. The Applicant also agrees to bear allother expenses relating thereof, including court costs andattorney's fees, whether or not any such liability, clal.ms, ordemands alleged are groundless, false, or fraudulent. TheApplicant agrees to procure and maintain, at its own cost, a policyor policies of insurance sufficient to ensure against all tiabiLityclaims, demands and other obligations assurned by the ApplicanLpursuant to this Paragraph 3. The Applicant further agrees torelease the Town of Vail , its officers, agents and employees fromany and all liability, claims, demands, or actions or causes ofactions whatsoever arisJ-ng out of any damage, loss or injury to theApplicant or to the Applicantrs property within the Right-of-Way
and the Easenent Premises caused by the Tolrn of Vail, its officers,
agents and employees while engaged in maintenance or snoer removalactivities or any other activities whatsoever on Town of Vallproperty, streets, sidewalks, or rights-of-vray.
That the pernrit may be revoked whenever it is deternined that theencroachment, obstruction, or other structure constitutes anuisance, destroys or inpairs the use of the right-of-way by thepublic, constitutes a traffic hazard, or the property upon wtrictr
$
2.
3.
(3
"{o
REC DOC
20. 00
4.
562500 8_666 rsara J, Fi";;; "-n'3"r13r3:j:f"':i::l ;.*:.o"ll"n
5.
the encroachrnent, obstruction, or structure exists is required foruse by the public; or it rnay be revoked at any tirne for any reason
deemed sufficient by the Town of VaiI.
That the Applicant will renove, at his expen6e, the encroachment,obstruction, or structure within thirty (30) days, weatherpermitting, after receiving notice of any revocation of saidpennit.
That the Applicant agrees to maintain any landscaping associatedwith the encroachnent of the right-of-way.
That in the event said removal of the encroachment, obstruction, orstructure is not accomplished within thirty (30) days, weatherperrnitting, the Town is hereby authorized to remove sarne and havethe right to make an assessment against the property and collectthe cost or rernoval in the sane manner as general taxes arecollected.
5.
7.
8.That the Applicant has readconditions set forth in this and understands all. of the terrns andApplication.
PROPERTY OWNER:
B.M.S. &, a CoLorado Linited
Pa
/a General Partner
AP
LI,oW PT,ACE ASSOCIATTON, a
lorado Non-Profit Corporation
Date: 5-S- 75-
Date: {'S'lf
P.
ip
By
44 WT
Co
APPROVED AND ACCEPTED:
STATE OF COIPRADO
COUNTY OF EAGI,E
SubscribedK. Peterson as
Partnership.
ss.
and sworn to before me thisa General Partner of B.M.S
day of Uay, 1995 by ilayP., a Colorado Linitedd.&
I{itness my
uy connissi
2
05/03/95 04 r 35P
t
\t€
J
seal .6rs:.*-&
fatggp.xrF
k*=r
562500 8-666 P-477 PG2 oF4
STATE OF COTORADO )) ss.
COT'NTY OF EAGI,E )
Subscribed and srrornK. Peterson as PresidentProfit Corporation.
l{itness
My Coruni
ne this aw\aa'y of
Place Association,
May, 1995 by Jaya colorado Non-
foreillow
ial seal .
s\r\q
STATE OF COIORADO
COUNTY OF EAGLE
- , Subscribed and sworn to before ne this 4- aX
Kobt+? ul. nclu.'v) as Project Planner and Q'n
of May, 1995 by
as Tolrn Dtanager of the Town of vail Pl-anning Departn
llitness ny hand and official seal .
My Comurission expires on:My Commissi
56 2 500 8-666 'P-477 05/03/95 04:35P pG 3 oF4
@od
OSY TE
,.* u*ucv"s.'i?i ESTES J
W
ss.
PRI]PERTY DESCRIPTII]N
Thot pont of Ull,tow Rood Rtght-0f-f/oy, Btock 6, Votl, Vll.toge,
Ftnst Ftllng, occondtng to the nop thereoF recorded tn the offlceof the Eogte County, Cotorodo, Cter k qnd Reconder,, descnlbed qs
fo [ [ows r
Begtnnlng of the northeosterty cornen of Lot 9, Btock 5, VqlI
Vlt[oge, Flrst Fltlng, occordtng to the n'rop theneof recorded In
the offtce of the Eogte County, Colorodo, Cterk ond Reconder,
thence the foltowtng two courses olong the northerty ond westerty
I tnes of sold Lot 9r 1)S85'35'00'1,1 (586'03.5'V ptot) 143,94
Feett ?) ?8.57 Feet otong the orc of o non-tongent curve to the[eft, hovlng o rodlus of 20.00 feet, o centnot ongte of8l'51'04', o,nd o chord thot beors 330'20'55'Lt e6.20 feetr
thence, depontlng so,td westerty ttne, 31,48 feet atong the o,nc o€
o non-tongent curve to the rtght, hovtng o rodtus oF 17,00 feet,
o centrol ongle of 106'06'?3', ond o chord thot beons
N01'5e'44'E ?7,17 feett thence ?L?7 Feet olong the orc of q
curve to the nlght, hovlng o nodtus of 38.50 Feet, o centrol
ongte of 3l'39'05', o,nd o chord thot beo,rs N70'45'28'E el,00feet, thence N86'35'00'E 135,79 feett thence S03'a5'00'E
11,00 feet to the Potnt 0f Beglnnlng, contolntng 1858 squonefeet, nore or I ess,
-#.Ston Hogfe
Cotorodo P
562500 8-666 P-477 05/03/95 04:35P PG 4 OF 4
EASEMENT
lrJt't9'0fRd650
L-21.27 WtLLoW ROAD (40' R'o'W')
i'lr- N gs'sg.o-E-- 1117i
n^t", --z/ely'z----
Trl0.9l.
ll-21.0o \
Ce-N 7ca5'd E \.Pt
s03c25,0crE-11.00
P.O.B.
LOT 8
POINT OF
BEGINNING
l-1Oclo6'2f r /R-17.00 \L-Jt.,t8 |
T-XL6O I1!.-27,17 t
c8-N Ot.52..1+' E \
ooT{
a
td
.L,S, e6598
ffi-oyf E - 143.e4
l- 81'51'Ot'R- 20.00L- 28.s7T- 17.3a
LC= 26.20 I nT OCB= S 302O'55 W (-\r I v
h4r, \
._ fto4D
rrA'/-83-9s aE '43 , JE39494BEZ
. - 'RoI{'LAND
U""
AvoN co rD.3o3 et 4Bs2
LAND TITLE GUARANTEE COMPAI\TY
0030 Bencbmark Road {2L6
P.O. Box 3480
Avon, CO 81620
(9701 949-s099
Fax 94948n.
PAGE I/S
LAI{D TITLE
GUAMNTEE
COMPANY
Y*/rr-,Time:?;4'd./h
Phone:
Date:
'Io:
Fax #:
From:
I'{umber of Pages cover sheet):
Should you have any problems, please contact the sender at (970) 949-5099.
Message:
For'the second year in a row, our ffidenvriter, OIn HEPUBLIC NAffiONAL mLE
INSURANCE COMPAIIT, is the only title underwriter to receive a claims-paying eility rating
of A+ from Standard & Poors - the highest ruing given by S&P to any title iruurer to datellt
113 Solnh Ftonrrgo Rord wcrt t2O3 Vrif, CO8l6J?
;: :iirJ 4762251 rrho(E (970 a76a53a fr.r
0030 E.tclmr* nmd ,ztd Aw!, CO E1620
(970) 940-5009 plloc (9rtD *19..4892 frr
, l.\Y - tt 3-sl5
Recept i on
lgIS DErc , xrdr thir d.y of Mefr 03' JJ95
tret.tl.fl
EllE & P, LiD., I @IrEADO I.|DqED EARtr{ERIEIP
curty of BGfiEof the ald Strte of
:
J
cotora&. of thr firtt F.rt, rflC-riiiffiir"ffieG 15 igirre tr @ BElnwrI DoRRl|rtE B[lisr
D$SD ASRUI 21' 1Jt89 AS WD
uhoee tegrat addcca$ i3rf the CaIty of ed statc of colorrCo' of thc recd$ p'!!' -- - --.
$lrilESF€TB, rhat thc roid party o? tne tir:t Frt, for .nd in cmsidefetio.r oi tha 8{[ of Ctfl' 5001 0fi1.00 I
FOrJR HrLLrCr Srx l,ltDRB nolrsAm DotltRs AnD 00/100THs
ro rlre said panty of, thc f in3r Fit in hrn t psid by the said pffty of the .secord F.ft, th.. rcccipt tatlFol it F-.ry
o.fnort.as€d' srd'cdrfH$d. ftnJ U"tg.in A, oiint"O, sotd rd iorvifeO, f,nd by th*€ pr€€frts docs glult, bgryrln, srtt,.
".rtvai ani contfp, rnto tfic eriC p""ty oi ihc secstd part, his hcir*'rrd ssi gtt forever, att tht fottofin3 C..crlbed lot' or parcct cf ttd, situatc, (ying |fd bring ih thc
courty of Et&triE and strtG of cotocsdg' to l.it:
Etso krD|fr.i 3rn er rr,nbrr IIEI 1, tmlnn EIACE (INXUIrqftIdi, \aIL, Granm
ToGEII€R rd r$ att .nd :irEutar ad hef€di tsErts $d #UitcErces th.reto btongirq, of _in.l|ryrisc apprrtrininc' a.d
rhe rever"sisr arrd runrnrion:, imirAm *rd raminders, renii, irsrx* and profits thereof; end atl thc Gat.ta. riiht' tltlc
intercet, clsil lrd dcmnC rietgoe\/lr of tlre said Ferty of the first port, eitlrer in larr or cqri ty,of. ift rd to thc
ab:are bngaincd prn|laea, Hith the hcrcditaents atd EFdttertAffic.
fO H \rE AID m I"o $. t id Preri s.6 rUrye lsrsiined and describtd, *ith thc lPFJrtcn Flt. :Tt". tF sid pfty of
the se€flld pert, his hcira filc rr:iine forancr. And tlre said party of-tlrG fiEt_F€rt, for hintclf. his hlirs,
-
aflaclrtol|.
rrn rcriii*i.ut6"s, do:s cwc rt, ir*tt, bergain, rd sqrc+ io snc ,iS, the s.id e$y t' tlrc _second P.rt, hl! hrirs lrd
a66igni, that at the tirE of the cr*cqt tng ard detiwry of ttrese tfctentsr he l: rctl seit.d of thc prcnlt€r rEr,ll
.91*rt7"d, $ of ffcd, arg. pa-fcct, eCsoiute grrd ideirasibLt c*late of ir$eritgr*. in Lrr, In f.t silplt, atd.hF gtrod
.ishi,-iutt p;ld-irt i-.iirt'rntrori ty io !ram, bargein, 3.t1, ard cc.rvey dre su in mrner rd foflr 8.fot'.s.ld, erd
tb;t ihe sal arc fr.r and ctaar frotr'st( focer and oth;r gi$ti, bsrgsial3. 3el.Es, t lste, to(aa, ltiaasfG3 I|d'
e$:LdtmccS of dnBrvcr kild ot nrture soe'rrer;
EXCEPT GETENAL TAXE3 AID ISSESTflEXTS Ftn TH! YEAR T99' A}D STJESEqJE}IT YEATS AID 9J8JEC7 7O TII(X* IIEI{S AS SET NTE IX
E}IIIBI' IIAX ATTACIEO III]IETO AD IICfiFMAIED NEREI}I.
iftC tha aboved brgrlnad pcelircr in th. +ri et arid peacc.blc pes33sisr of eaid party of thc :rccnd part ' hi3 lt io.ttd
assigrt rEaimt rti rrg .inry p.ra€n or pitsons tarfut ty ct.iiling or to cl.it thi rlrote_oc.*ry Pirt dreraof,. thc.{iC Frty
"f tia fiiat F.rt rh|t( .Id iii( uARRAIT AID fnEvEn DEFEID. Thc aineu(er n"den she( t imtudc the ptumt, thc ptsrrL tltG
rirgular, *rd tha l.Fa of rrry grn&t *lraL t be aFPticabtc to etl gc|rdafa.- tX iInG$ UtcllOF, ttri $ia party of tha first p.ft h.i hircurto ret hi3 hErd and aeat thc dat .|rC
't
r tir.t .bst c
luri ttcll.
(5E L)
(SEAL)BC:-WUJ:-ERW, GgmAb
PBRE|ER.
stAll oF colcrDo
cor.rlty ofEE([E
The foregDtng lfltflDrt rrs achnq.li4€d befotc m on this dEy of DSr 03, 1995
I> 33-
I
- bVROIAID t. BEG lg A GEmleG PDRDXER .BID iBg K. FSIRSI AS A GEIEIIT EnBn'. 'OF Ets . P, I.D., A ffi4NNM UIIIIIED PISnIER!f,IP
ify comi*fim enpir* tlalr&, 26. L996
uitrE*. qt hand lrd offlciat s.'.t.
2/3
PIREIER,
Forfi 5 t'tA*R ItY DEED - for Fhotoar.Cllc iecodwtnS-24616 rn46{6
not-ry ftbtic
l\'{-ir3-E|5 6E1 .44 FROU.LAND TIILE AVoN CO PAGE 3/3
EXHIBIT "A"
IJ GET OF PROPRITFON OF A VEIN OR LODE TO EATRJLC:I AND RTI,IO\TA EIg ORT
li{EREFnS{ gcOUl,D TEE S,AUF Bt FOItllD TO PBIEI?AIE oB, INTR,SBC.|I tE DREfI$ES
r,.l.l RESER1IED IN IilITED STAtEg PATENT BE@RD@ July 13, 1899, Ilf, BOOX t8 AT:i,[cE 475.
. Rrffi:r OF ITAY FON DXfCEBS OR CAISAITS C(IISTRUSTE BY re AIIIEOBIITT O' EE
LiI.{ITED STATES AS rESR\rgD Il[ Ur{xtED STATBS PAIENA RECUBDED iluly 13, 1899,
IN BOOK 48 Ajc P}EB {75
ii.EgrnlcTlttt CovEilr{ts tfEIcE Do NOT cuIT.Alf[ A FoB,trEIfgEE OB nEVStTEn ellggE,
fiIIT Ol[ITl$G nESfRIqlIolf$, IF Alng, BASED OI{ RLCE, COIrOR' nELIGIION, On
I.'ATIONAI ORIGIII, A"q cgNTAIl[e rN D|STRI'@{T RECoBDED AugruSt 10, 1962, nt
i,DoK 174 ilt PIG 179-
. TiASEUETf,fS, NESESIIATIOHE BTTD RESTRIqf,IONS .AS SEOWH OR NESENVID ff I'EE
fi,ACOBDED PLAT O8 VAII, VIIJAGE, FIRST FII,ITFG.
. r.rux'"r'tr EAsffif,t Ag GRilN:I@ lO CoulfinrlaT TEf.E\rISrqN nrrrEsmtENl, ffc- nr
illgIBttllEtrfT BEConDED Dece$ber L7, L968, UI|DEB BBCEPTIOT rIO. 109773.
,15osE pBq\rlgle{s, covExArnrs tND corlDrTroNs, EAsffils tlD RtslBrcfro[s,
r'rfiIcE aRE A IIIRDEII T9 IFl CgNDOlenSrUld It![Il DBSCRTEm llf SCEDULE A, As
{:OITTAIITED III NTSTRIruENT RECORI}ED AAA, IN BOOX IBX,, AT PAGiE XXX'
,lin$Et[Er{as, RBSERVATIONS AJID nSSTRTCTTOI{S aS $torftr oR RESER\'ED oil TEE
..OITDOt4f!fIT't( T'AP RECORDED Ig, I}I BOOK XTT AT PACE r?.r.
li DRAINAGE rND *IGEE-OF-WAY EASEIIEIWr OqER fEE SOI]IERLY TIIEGVE trEEl OF rsE
ilIXB,tBCf EROPEnTT, SSCE ELSSIEIT ro EE RECORDED Il[ TEE REAL PROPBBrr RBCPnDS
i)F EAGLE COEIFIFE COIOR.b.DO"
' " r. RIGET OF IVAY PBBI{IT FOE IEE CSISTRECIIO$ AND ICADITEIAI{CE Of IUPBO\|ETEIIS
r;l$ A PTI'DLIC RI(EI OF IIAY, SUCE PERUfT TO BE RECOBDP Dt 1B REAIr PBOPRT:T
;tFqoRDs oF EAoLE coolflff, C9LORADo.
ID,363 948 4E|ge
o
etl*
ROAD EASEMENT AGREEMENT
THIS ROAD EASEMENT AGREEMENT (the "Easenentrr) is nade and entered
into thisJf,Pout "t hO ^J , rss5, by and bet$reen B M s & P, a
VColorado Linited Partnership ("Grantor") and the Town of VaiI, a
CoLorado nunicipal corporation (the rrTownrr), collectively referred to as
the rrPartiesrr.
WITNESSETH:
For and in consideration of Ten and No/l-00 Dollars ($fO.OO1 and the
mutual covenants hereinafter expressed, the Grantor grants to the Town
a perpetual five foot (5') wide easenent upon the properties described
in Exhibit A, attached hereto and incorporated herein by this reference,
the (trEasement Parcelrt) as shown and depicted on the plat to be filed
for the property known as 44 l,iitlow PLace (the ttservient Tenementtr);
TO HAVE AND TO HOLD, for the purposes of constructing, maintaining,
and repairing the following improvements thereon, to wit, a roadwav.
The Grantor and the Town mutuaLly covenarlt and agree:
L: crantor sha1l have the right to utilize the Easenent Parce1
for any and aLl purposes not inconsistent with the rights and privileges
herein granted .to the Town, including but not limited to ingress and
egress to the Servient Estate and Grantor shall have the right to cross
the Easement Parcet with driveways for such purpose.
2. Any improvenents to the Easement Parcel shall be at the Town's
cost and expense.
3. The Town, from time to time, and at all times after the
effective date of this Easernent Agreement, at its own cost and expense,
shall- repair and naintain, in a proper, substantial, and workrnanlike
nanner, the Easement Parcel. The I'own shall install and maintain the
roadway provided for herein without disturbing the rest of the Servient
Parce1 or the uses of the Owners thereof; and shall restore t,he surface
of the Easement to its original condition as soon as possible after
t\o)ooa
562498 8-666 P-4?5 05/03/95 04:31P PG 1 OF 5
Sara J. Fisher Eagle County Clerk & Recorder
REC
25 .00
DOC
completion of its work. Any of Grantors improvenents which may be
located on the Easement Area shall also be restored to their original
condition as soon as possible after the Town compl'etes its work.
4. Access and use under this Easernent Agreement shall be Iirnited
to the Easement Parcel; there shaI1 be no access to or use of any other
part of the Servient Tenement.
5. If the Town
of-Way Easement dated
revokes in whole or in part the RevocabLe Right-
| !995 and recorded on
t//1995 in eook bUlp at Page , in the Eagle County Clerk and Recorder's
office then this Road Easement Agreement shall irnnediately terrnj-nate and
the Tohrn shall, as soon as possible, restore the surface of the Easenent
to its original condition.
6. The Town shall indennify the Grantor, defend and hold the
Grantor harmless against alL liability, loss or expense for any clain of
injuries to persons or darnaged property arising out of the construction,
use, ormaintenance of said Easement Parcel, unless the clai.n arises out
of the negligence of the Grantor, its agents or employees.
7. This Easernent shaLl be perpetual and shall run with the land.
8. The Parties agree that this Agreement contains Lhe entire
understanding and agreement between the Parties and cannot be amended,
modified of supplemented in any wdy, except by written agreement
executed by all Parties and duly recorded in the office of the Clerk and
Recorder of Eagle County, State of Colorado.
9. This Agreement shall be governed by the laws of the State of
colorado.
10. If any provision of this Easement shalI be held invalid,
illegal or unenforceable, it shall not affect or impair the validity,
@ooeo
2
05/03/95 04:3lP PG 25624988-666 P-4',15 oF5
Iegality or enforceability of any other provision of this Easement
Agreement, and there shall be substituted for the affected provision(s)
a valid and enforceable provision(s) as sirnj-lar'as possible to the
affected provision(s). Grantor shall use its best efforts to install
and naintain the Easenent Parcel without disturbing the Servient Estate
or the use of any of the Owners of the Servient Estate.
11. This Easement Agreement
the same effect as if all parties
be executed in counterparts with
executed the sane instrument.
may
had
IN WfTNESS WHEREOF, the Parties have
the day and year first written above.
signed this Easement Agreenent
BM s&P
a orado Linited Partnership
By:eral Pa
TOWN OF VArL,a Colorado municipal corporation
Toldn ltanager
STATE OF COTpRADO )) ss.
corrNTY oF EAGLE )
before me this 4- day of{/}8.1"e foregoing document was acknowledged, L995, by Jay K. Peterson as a ceneral Partner of B M S
& P, a Colorado Linited Partnership.
l{itness ny hand and official sea}.
My commission expires on:
KIM E. O{LKO
NOTARY PUBLIC
STATE OF COLORADO
O5/O3/95 04:31P PG 3
o)
o)
ot)
3
My Commission Erpires 7-l l.ti8
562498 B-666 P-4?5 oF5
STATE OF COI..,ORADO
COUNTY OF EAGLE
ss.
The foregoing docunent vJas acknowLedged befor6t:r>z-- , L995, by Robert W. Mclaurin as Town
6T v;Ul;ffirado munitipal corporation.
!{itness my hand and official sea}.
My conmission expires on : My6onmision Ex1ilesJuallg#_
tary Pub
562498-8-666 P-415 O5/O3/95 04:31P PG 4 oF 6
ne this
Manager
e
C)+{a
PROPERTY DESCRIPTION
A 5.Foot wtde strtp of lond Lytng wtthtn Lot 9, Btock 6, Vott
V.l I [oge, Ftrst FtI Ing occordtng to the nop theneof reconded Inthe offlce oP the Eogte County, Cotonodo,'Ctenk ond Recorden,
descnlbed us foI lowsr
Begtnnlng of the southeostenty connen of sotd Lot 9, thence thefoI low,l.ng. three counses oLong- the southwestenly t rnes oF sord Lot9r l) N64'40,00,V 70.00 feeti A> 104.68 Feet oiong the onc oF ocunve to the ntght, hovtng o nodtus of 3gl ,7? feei, o centno(ongle of 15'4?'4?', ond o chord thqt beo.rs NS6.48,4?,U 104,34feett 3) 9.90 feet ol,ong the qrc oF o non-tongent cunve to the
llgllt_hgvtng.o rodrus of a0.00 feet, q centndI ongte of28'el'5e', qnd o chond thot beons Nl7.3B,3B,|J 9,8O-feetlthence, deponttls:9td southwestenty t, Ine, ll1,68 feet ot,ong theqnc of o curve to the teft, hovtng i nodtus of 376,7? feet,-ocentnqt ongte of 16'59'07,, ond o-chord thqt beors556'10'?7'E Lll.?7 Feett thence 564.40,00,E 67,77 feet to the
il:lglly-!,t.ng 9l:otd Lot 91 thence, otong sotd eostenty ttne,S0l'e0'00'll 5,47 leei to the potnt 0f Beglnntng, contotifng Ag:squore feet, nore or less,
562498
n*e' y'tr/t4
8-666 P-475 05/03/95 04:31P PG 5 oF5
LOT 8
A
-dd-
R
SCALE: 1' -
?,1oda
€)
POINT OF
BEGINNING
wtLLOw ROAD (40' R'o'w')
J0'
t444
fro4=
I
l//20
l,l'IU
6usl'
0\
s
DRAINAGE EASEMENT AGREEMENT
THIS DRAINAGE EASEMENT AGREEMENT (the rtEasenentr') is made and
entered into thisJCPauv "r\.Qoi^L, Lsss, by. and between B M s &
VP, a Colorado Lirnited Partnership ('rGrantor'r) and the Town of VaiI, a
Colorado rnunicipal corporation (the I'Townrr), collectively referred to as
the [Partiesrr.
WITNESSETH:
For and in consideration of Ten and No/100 DoIIars ($10.00) and the
rnutual covenants hereinafter expressed, the Grantor grants to the Town
a perpetual easement upon the properties described in Exhibit A,
attached hereto and incorporated herein by this reference, the
(rrEasement Parcel") as shown and depicted on the plat to be filed for
the property known as 44 Willow Place (the "Servient Tenenentrt);
To HAVE AND TO HOLD, for the purposes of constructing, maintaining,
and repairing the following improvements under the Easernent Parce} , to
wit, drainaqe facilitv for the conveyance of water run-off.
The Grantor and the Town nutuallv covenant and agree:
L. Grantor shall have the right to utilize the Easenent Parcel
for any and aII purposes not inconsistent with the rights and privileges
herein-granted to the Town, including but not lirnited to the right to
place irnprovernents other than buildings on the Easernent Parcel.
2. Grantee shall engineer and construct a suitable underground
storm sevrer system upon the Easement Parcel for water run-off (the rrRun-
off System'l ).
3. This Easenent does not and is not intended to grant any access
to the Easement Parcel to the general Public.
4. After construction of the Run-off Systern is conpleted, the
To!'rn shatl repair and maintain, in a proper, substantial , and
workmanlike manner, the Easement Parcel. The Town shall install and
naintain the Run-off System vrithout disturbing the rest of the Servient
Parcel or the uses of the owners thereof; and shal] restore the surface
of the Easernent to its original condition as soon as possible after
completion of its work. Any of Grantors irnprovements which may be
J.
562499 8-666 P-4?6 O5/o3/95 04:34P PG 1 OF 4
Sara J. Fisher Eagle County Clerk & Recorder
N
?i
REC
20. 00
DOC
located on the Easenent Area shall also be restored to thelr original
condition as soon as possible after the Town completes its work.
5. The Town shall indennify the Grantor, 'defend and hold the
crantor harmless against aII liability, loss or expense for any claim of
injuries to persons or damaged property arising out of the construction,
use, or naintenance of said Easement Parcel, unless the clain arises out
of the negligence of the Grantor, its agents or enployees.
6. This Easenent shaLl be perpetual and shall run with the land.
7. The Parties agree that this Agreenent contains the entire
understanding and agreement between the Parties and cannot be amended,
nodified of supplenented in any wdy, except by written agreenent
executed by all Parties and duly recorded in the office of the C1erk and
Recorder of Eagle County, State of Colorado.
8. This Agreement shall be governed by the laws of the State of
colorado.
9. If any provision of this Easement shall be held invatid,
illegal or unenforceable, it shall not affect or impair the validity,
Iegality or enforceabifity of any other provision of this Easement
Agreement, and there shall be substituted for the affected provision(s)
a valLd and enforoeable provision(s) as similar as possible to the
affected provision(s) .
10. This Easement Agreement nay be executed in counterparts with
the sane effect as if atl parties had executed the same instrument.
IN WITNESS WHEREOF, the Parties have signed this Easement Agreement
the day and year first written above.
BMS&P
a Colorado Linited Partnership
Robert W.
c?
doc
VA![L,
rado municipal corporation
562499 8-666 P-476 05/03/95 04:34P PG 2 oF4
Toltn Manager
STATE OF COI.,,ORADO )) ss.
couNTY oF EAGLE )
,.We foregoing document was acknowledged befor! m" tfrir-7 /'-day of/-/f't€ ' t- , L995, by Jay K. peterson as General partner of B lt S &P, a Colorado Linited Partnership.
Witness ny hand and official seal .
My connission expires on:
KIM E. GALKO
NOTARY PUBLIC
STATE OI COLORADO
STATE OF COIORAp@v Inrnmission !ilri:r.'c, 7. I I D,
) ss.
COUNTY OF EAGI,E )
The foregoing document was acknowl-edged beforeq-Ttfu\/ , 1995, by Robert W. Mclaurin as Town
o fJfTlfrr o-iaao mun fc ipa I co rporat i on .
Witness ny hand and officj-al seal .
My commission expires on: Myc,onnissionExpiesJune 17,l99s
ry PubI
562499 B-666 P-476 05/03/95 04:34P PG 3 oF4
rre this 34day of
Manager of the Town
?|toi{
t
PREPERTY DESCRIPTION
A stnlp of tqnd tylng wlthln Lot 9, Block 6, Voll Vlttoge, Flnst
Fltlng qccordlng to the nop theneof neconded tn the offlce of the
Eogte County, Cotorodo, Cterk ond Reconder, descnlbed os fotlowst
Beglnnlng of the southeostenty connen of sotd Lot 9, thence the
foltowtng three courses olong the southwestenty ond westen[y
Itnes of-sotd Lot 9r 1) N64'40'00'V 70,00 feetl 2) 104.68 Feet
otong the orc of o cunve to the rlght, hovlng o nodlus of 381 ,7?
feet, o centnqt ongte of lS'4?'4?', ond o chord thqt beors
N56'48'4e'V 104,34 feetl 3) 35.31 feet otong the orc of q non-
tongent curve to the nlght, hovlng o nodlus of 20'00 feet, o
centroI ongte of 101'09707' (135'32' ptot), ond q chord thot
beons N18'45'00'1, 30.90 feet to the nonthwestenty polnt of
tongent of sqld Lot 9t thence, depontlng sold Polnt,
500'00'00'E 21 ,98 feett thence 98,67 feet otong the onc of o
curve to the teft, hovlng o nodlus of 369,7? feet' o centrol
ong(e of !5'17'?9', ond o chord tho,t beons S57'01'15'E 98,38feitt thence 564'40'00'E 64,66 feet to the eostenty tlne of
sold Lot 9, thence, otong sold eosterty Ilne, S01'20'00'!, 13,14
feet to the Polnt 0f Beglnnlng, contotnlng 2294 squore feet, nore
or tess,
no+", y'y'tY
562499 8-666 P-476 05/03/95 04:34P PG 4 oF 4
ROAD (40'R.o.w.)
LOT 8
/\
V
=u-
R
SCATI: 1' =
IAor{
?
POINT OF
BEGINNING
WILLOW
a,,; -r'i '
562497 B-666
Sara J' Fisher
,/o./*
' / tA()-
DOCP-474 05/03/95 04:29P PG 1 oF 40
Eagle County Clerk & Recorder
REC
200 .00
THIS CONDOUINIT'U
L995 by BMS.& P, a
CONDOMTNIUI'I DECIARATION
FOR
44 WILLOW PI,ACE
DECT,ARATTON is made this -l th.V or
Colorado Lirnited Partnership (rrBMS&P|')
ARTICI.,E ]-
CREATION OF COMMON INTEREST COMMUNITY
1.01.: Gbneral Purposes. BMS&P owns the real property interests
legalJ.y describLd on Uxhibit A attached hereto and by thig _referenceiniorporated herein (the rrProperty"). Matters to which title to the
eropelty is subject are set forth on Exhibit I'Brr, attached hereto and
incorpoiated herein by this reference. BMS&P desires to create pursuant
to ttr6 provisions of the colorado common Interest ownership Act (Article
33.3 oi titte 38 of Col-orado Revised Statutes) as the same may be
amended from time to time (the rrActrr) a rrconmon interest communityrt- (as
such term is defined in the Act) on the Property. BMS&P further desires
to establish a means to ensure the proper use and appropriate
development of the Property as a high guality, aesthetically pleasing
and ha-rmoniously designed condominium project by means of mutualLy
beneficial covenants, conditions and restrictions inposed on the
property for the benefit of BMS&P and all future otttners of any portion
of the Property.
L.022 Declaration. To further the Purposes expressed in
Articte f .Of frereot, al.tSCe, for itself and its successors and assigns,
hereby declares that the Property sha}}, at all times, be owned, held'
used lnd occupied subject to the provisions of this instrument, to the
covenants, conditions and restrictions contained herein and to all
amendments and supplernents hereto.
1.03: Narnes of the Conmon Interest Comnunitv and the
Association. Tlre name of the common interest cornmunity hereby created
is aa Wiffow Place. The name of the unit owners association organized
to govern and administer the common interest community hereby cleated is
44 -Witlos, Place Association, a Colorado nonprofit corporation (the
trAssociationrt ) .
1.04:Location and Type of Connon Tnterest Conrnunitv. The
cornmon interest community hereby created is situated in Eagle County'
Colorado. The cornmon interEst conmunity hereby created is a
rrcondominiumtr (as such term is defined in the Act) becau.se portions of
the Property aie designated for separate ownership by individuals or
entitiet and the renainder of the Property is designated for comnon
ownership solely by the owners of the separate ownership portions.
N
a
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eil -\!A$-,&l
R"- \\) -qil^-^,s
Cx*l*,h*-}*h
UN ,V
ARTICLE 2
In addition to the definitions set forth above or below' the
following terms shall have the following meanings when used herein:
CERTAIN DEFINITIONS
2.oLz Act. The Act is the Colorado conmon Interest ownership
Act, Article 3.33 of Title 38 of the Colorado Revised Statutes, as it
may be amended fron time to tine.
2.O22 Allocated Interests or Sharing Ratio.rrAllocated
Interestsrr or ttsharing Ratio" shall mean the percentage of the total
undivided interests in the Common Elements allocated to a Condominium
Unit pursuant to Article 3.ol-(b) hereofi the percentage of the total
fiability for assessments for common Expenses allocated to a Condonrinium
Unit pursuant to Articte 9.05 hereof. The formula utilized to determine
the Sharing Ratio of each Condorninium Unit is set forth in Article
4.02 (a) below.
2.03: Association. The Association is 44 Willow Place
Association, a nonprofit corporation organized under Articles 20 to 29
of Title 7 of the Colorado Revised Statutes. It is the Association of
Unit owners pursuant to Section 38-33.3-30L of the Act.
2.04.Articles.trArticlesrt shall mean the Articles of
Incorporation of the Association.
2. 05:Budcret. rrBudgetrr shal} mean the plan for each fiscal
year of the Association for the payment of the Common Expenses and for
obtaining the funds required for such palanent to'be adopted by the
Association in accordance with the provisions of Article 8.01 hereof.
2.06:
the Units.
Buildinq. "Buildingrr shall mean the structure containing
2.O7 z Bvlaws. nBylawstr shall
Association in effect from tine to time.
mean the bylaws of the
2.o8: common Elements. The common Elements are each portion of
the Common Interest Conrnunity other than a Unit. Some of the Common
Elements are identified on the Map as such or astrC.E.rr.
2.O9a Conmon Expenses. The Conmon Expenses are the expenses or
financial liabilities for the operation of the common Interest
Conmunity. These expenses include:
(a) Expenses of adninistration, maintenance, repair or
replacernent of the Common Elements;
CD
z
5624s7 8-666 P-4'74 05/03/95 04:29P PG 2 oF 40
(b) Expenses declared to be conmon Expenses by the Documentsor by the Act;
(c) Expenses agreed upon asAssociationi and
Connon Expenses bY the
(d) such reasonable reserves as may be established by the
Association, whether held in trust or by the Association, forrepair, replacernent or addition to the Common Elements or any otherreal or personal property acquired or hetd by the Association.
2.10: Conmon Expense Assessment. The funds reguired to be paid
by each Unit owner in paynrent of his Comnon Expense liability.
2.LLa Common Interest Corrununitv. The Common Interest Cornmunity
is 44 l{illow Place located on the real property described in Exhibit
||A||.
2.L2r Condominiuur Unit. lrCondominiun Unitrr shall mean a Unit
together with the undivided interest in the Comrnon Elements and theright to the exclusive use of the Limited common Elements allocatedthereto (which excLusive use may be shared with one or more other
Condorniniun units). An individuaL Condoniniun Unit nay be referred to
l-n the Dectaration by reference to such Condominj-um Unit's "identifyingnumber'r (as such tern is defined in the Act).
2.t3. Declarant. rrDeclarantrr shalt mean BMS & P, a Colorado
Linited Partnership and any party that is designated as a successor or
assign of Declarant pursuant to the provisions of the Declaration.
2.L4a Declaration or Document. rrDeclarationr! or trDocumenttr
shalt mean this instrunrent, the Map and all anendments or supplements to
this instrument and the Map hereafter recorded in the real property
records of Eagle County, CoLorado.
2.15: Development Riqhts. Development Rights are the rights
reserved by the Declarant under Article 3.10 of this Declaration, and
all rights reserved for the benefit of the Declarant permitted by the
Act.
2.L6?
Board.
Directors.
2.L7. Easements.pursuant to the provisions
A Director is a member of the Executive
ItEasementsrr shall mean the easements created
of Article 3.02 hereof.
2.18: Eligible Insurer. An Eligibte Insurer is an insurer or
guarantor of a first Security Interest in a Unit. An Eligible Insurer
must notify the Association in writing of its name and address and
inform the Association that it has insured or guaranteed a first
3
8-666 P-474 05/03/95 04:29P PG 3
VJIA
aa
562497 oF 40
Security Interest in a Unit. It must provide the Associatj.on with the
Unit nurnber and address of the Unit on which it is the insurer or
guarantor of a Security Interest. Such notice shall be deened to
include a reguest that the eligible insurer be given the notices and
other rights described in Artlcle 1-4.
2.19. Eliqible Mortqaqee. The Eligible Mortgagee is the holder
of a first Security Interest in a Unit, when the holder has notified the
Association, in writing, of its nane and address and ttrat it holds a
first Security Interest in a Unit. The notice must include the Unit
number and address of the Unit on which it has a security interest.
This notice shall be deened to include a reguest that the Eligible
Uortgagee be given the notices and other rights described in Article 14.
2.203 Executive Board. Ttre Executive Board is the board of
directors of the Association.
2.2L. First Lienors. ttFirst Lienorslr shall mean: (a) the
holder of an indebtedness secured by a deed of trust, mortgage or other
security docurnent encumbering any portion of the Property which is
recorded on the date of recording of this instrument and (b) the holder
of an indebtedness secured by a deed of trust, mortgage or other
security document encumbering a Condoniniun Unit which is recorded after
the date of recording of this instrument and which has priority over all
other deeds of trust, nortgages or other security documents encunbering
such Condoniniun Unit.
2.22. Guest. ilGuestm shalt mean any individual who is present
at the Property at the express or implied invitation of an Ov/ner
including, without limitation, friends, relatives, agents, employees,
tenants or business invitees of an owner.
2.232 Improvenents. Improvements are any construction,
structure, fixture or facilities existing or to be constructed on the
land which is inctuded in the Common Interest Comrnunity, including but
not linited to: buildings, trees and shrubbery planted by ttre Declarant
or the Association, paving, utility wires and services, pipes, tight
poles and signs.
2.24? Limited Comnon Elements. rrl-,imited Comuron ELementsrr strall
mean a portion of the General Common Elements which are allocated by the
Declaration or by operation of Section 38-33.3-202 of the Act for the
exclusive use of one or more Condominiun Units but fewer than all of the
Condominiun Units.
2.25. Maioritv or Maioritv of Unit owners. The Majority or
Majority of Unit owners means the owners of more than 50 percent of the
votes in the Association.O
56249't B-666 P-47 4 05/03/95 04:29P PG 4 oF 40
2.26r llanaqer. A Manager is a person, firms or corporation
enployed or engaged to perforn rnanagement services for the Conmon
Interest Cornrnunity and the Association.
2.27t Map, Plat or Plans. rrMaPrr, rrPlattr or rrPlansrr shall mean
the plat or nap-for aa Wiffow Place which meets the requirements of
Section 38-33.3-209 of the Act and which is recorded in the real estate
records of Eagle County, Colorado contemporaneously with the recording
of this instrument.
2.282 Notice and Comnent. Notice and conment is the right of
a Unit Ovtner to receive notice of an action proposed to be taken by or
on behalf of the Association, and the right to conment thereon. The
procedures for Notice and Comnent are set forth in Article 9.01(b) of
this Declaration.
2.29. Notice and Hearing. Notice and Hearing is the right of
a Unit Owner to receive notice of an action proposed to be taken by or
on behalf of the Association, and the right to be heard thereon. The
procedures for NotLce and Hearing are set forth in Article 9.01(b) of
this DecLaration.
2.30: Owner or Unit Owner. rrovrnerrr or nunit oWnerrr shall mean
any individual , corporation, Partnership, limited liability company,joint venturer-trust or other legal entily capable of holding title to
real property in Colorado that is the record owner of a fee simple
interest-in ohe or more Condominium Units according to the real property
records of Eagle County, Col-orado. Declarant is the initial Olrner of
each Condorninium Unit. Owner does not include a person having an
interest in a Unit solely as security for an obligation.
2.3L'. Person. A Person is an individual , corporation, business
trust, estate trust, partnership, association' joint venture,
government, government subdivision or agency or other legal or
conmercial entity.
2.32?, Propertv. Property is the land and all Improvements,
easements, rights and appurtenances which have been subrnitted to the
provisions of the Act by this Declaration.
2.33: Rules. rRulesn shall mean the rules and regulations in
effect from time to tirne as adopted by the Executive Board in the manner
set forth in the Declaration or pursuant to the Articles and ByJ.aws.
2.34.Securitv Interest. A Security Interest is an interest in
real estate or personal property, created by contract or conveyance'
which secures payment or performance of an obligation. The term
includes a lien breated by a rnortgage, deed of trust, trust deed,
security deed, contract for deed, Land sal.es contract, lease intended as
security, assignment of lease or rents intended as security, pledge of
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an ownership interest in an Association, and any other consensual lien
or title reLention contract intended as security for an obligation.
2.352 Special Declarant Riqhts. Special Declarant Rights are
rights reserved for the benefit of the Declarant to (1) complete
infrovenents indicated on the Ptat and Plans filed with the Declarationi
(2) exercise any DeveJ.opment Right reserved by the Declarant under
irticfe 3.10 of this Oectiration; (3) naintain sales offices, nanagement
offices, signs advertising the Cornrnon Interest Conmunity and nodelsi or
(4) use'eastments through the Connon Elements for the purpose of naking
improvements within the Common Interest Conrnunity.
2.362 Trustee. The Trustee is the entity which may. be
designated by the nxecutive Board as the Trustee for the receipt,
administration and disbursement of funds derived from insured losses,
condemnation awards, special assessments for uninsured losses and other
sources. If no Trustee has been designated, the Trustee will be the
Executive Board acting by rnajority vote, as executed by the president
and attested by the secretary.
2.37. Unit. trUnitn shall mean a physi.cal portion of 44 willow
pLace designated for separate ownership by individuals or entities the
boundaries of which are determined fron the Map together with (a) all
fixtures and inprovernents contained within such boundariest (b) the
inner decorated br finished surfaces of atl walls, floors and ceilings
which constitute such boundaries; (c) the inner decorated or finished
surface aII doors and windows which constitute such boundaries and (d)
all space and interior, nonsupporting walls contained within such
boundaries.
ARTICI,E 3
PROPERTY RIGHTS
3 .01:Condominium Units.
(a) The Property is hereby divided into three Condoniniun Units
aesigriated as Conhoni-niurn Unit i, Condorninium Unit 2, and Condoninium
Unit 3. Each Condoniniurn Unit consists of the Unit identified by such
Condoninium Unit,s identifying nurnber on the Map, the undivided interest
in the Common Elements allocated to such Condoniniurn Unit pursuant to
Article 3.01 (b) hereof and the exclusive right to use the Linited Common
Elenents aft6citea to such Condoninium Unit pursuant to Article 3.01(c)
hereof.N
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(b) The total undivided interests in the Cornmon, Elements are
hereby allocated to the condominiurn Units in the foJ.lowing percentages:
(c) The following portions of the conmon Elenents are Linited
conmon Elenents assigned to the specific Condominium Units as stated:
Condoniniun Unit 1
Condoniniun Unit 2
Condominiun Unit 3
(3) Attic spaceattic, the use of whichit.
38.8L percent
33.02 percent
28.I7 percent
above each Condominium Unit that has an
is limited to the Condoninium Unit beneath
(1) Any chute, flue, pipe, duct, wire, conduit, bearing wall,
bearing column or other fixture which is partially within andpartially outside the designated boundaries of a Condominium Unit,
the portion serving only the Condominium Unit the use of vhich will
be linited to that Condominiun Unit and any portion serving rnore
than one Condominium Unit or a portion of the Comnon Elements is apart of the Comrnon Elenents.
(2') Any shutters, awnings, window boxes, doorsteps, stoops,
walkways, porches, decks, balconies, patios, driveways or parking
areas and exterior doors and windows or other fixtures designed to
serve a single Condominiurn Unit, located outside tbe boundaries of
the Condominiun Unit are Lirnited common El-ements allocated
exclusively to the Condoniniurn Unit and their use is linited tothat Condominium Unit.
(4) Chinneys, the use of which is Linited to the Unit in
which its fireplace is located. In the event of a multiple-flue
chinney, each flue will be a Lirnited conmon Element allocated to
the Condoniniun Unit containing its fireplace while the chinney
will be a Limited comnon El-enent allocated to Condominiun Units
using the flue.
(5) Uttlity areas, the use of which is linited to the
Condoniniun Unit or Condominiun Units as shown on the Plat and
Plans.
(6) Storm windows and stonn doors. if any, will be Linited
Common Elements of the Condoninium Unit which they service.
(7, Mailboxes, name plates and exterior lighting (if any)
affixed to the building will be Lirnited common Elements allocatedto the Condominiun Units served.
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(8) Any area identified as such or as rrL.C.E.rron the PIat
together with one or more nunbers which correspond with identifying
number or numbers of one or more Condoniniurn Units. Such Linited
Common Eleroents are allocated to the Condominium Units in
accordance with the identifying number of such Condorniniurn Units as
shown on the Map.
3.02:Easements.
(a) Declarant hereby makes, establishes, declares, grants and
reserves a perpetual , non-exclusive easement in favor of each Owner and
any governnental , quasi-governnental or private entity providing utility
services to the Building over, under access, upon, and through the
conmon Elenents for installing, replacing, repairing, maintaining andproviding aIl utility services to the Building including, withoutIirnitation, water, gnsr electric, storm sewer, sanitary sewer, cabletelevision, satellite cornmunications and telephone services. After theinitial construction of the Building has been completed, no facilities
and eguipnent which provide such utiLity services may be installed or
relocated in the ceneral Cornmon Elements without the prior written
approval of the Association subject to Article 3.L0 hereof' Suchutility service shall only be installed or relocated in such nanner asto cause the least interference, as is reasonably possibJ-e, to the Unitaffected by sucb installation. Any entity providing such utility
services shall be responsible for any danage caused by such entity to
the General common Elenents and the Units while utilizing the Easement
created by this Article 3.02(a) and for any costs incurred by the
Association as a result of such damage and shall be further reguired topronptly repair or restore any portion of the ceneral Conmon Elements
and the Units disturbed or damaged by suctr entity's utilization of the
Easement created by this Articte 3.02(a). The Easement created by this
Section 3.02(a) shaLl- be appurtenant to each CondorniniunUnit so that atransfer of title to any interest in such Condoniniun Unit shall
automatically transfer a proportionate interest in such Easement.
(b) Declarant hereby nakes, establishes, declares, grants and
reserves a perpetual , non-exclusive easenent in favor of all police,
sheriff, fire protection and ambulance services and any other provider
of energency services, over, across, upon and through those portions ofthe Comnon El.ements or other areas designed to provide pedestrian and
vehicuLar access to and within the Building for the purpose ofperforning the services of such providers of emergency services.
3.03:Title to Condorninium Units. Title to a Condonini.um Unit
nay be held individually or by any entity or in any form of concurrent
ownership recognized in Colorado. In case of any such concurrent
ownership, each co-owner shall be jointly and severally liable for
performance and observance of all the duties and responsibilities of an
Owner with respect to the Condominiun Unit in which such Owner owns an
interest.
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562497 8-666 P-474
3.04: Leoal Description. Any contract of sale, deed, lease,
deed of trust, mortgage, will or other instrument affecting a
Condoninium Unit shall tegal-1y describe it substantialJ.y as folLows:
ffCondominiun Unit _, 44 wj-ltovr PJ-ace, Eagle County_, colorado,
according to.-the c^ondominiun DecLaration {or 44 Wil}ow7 Placenium DecLaration for 44 Willowz Place, Le$; in Book (rht7at Pasg lflof th.erecorded onreal estate --c@ai oE Eigl.e County, Coloradb, and the Maq of 44
recorded on LsdS; in Book /"6h at
the real estate _, L--et UW --of Eagle County, Colorado
I{illow ,Placeeage Ll73 ot(collectJ-veIyrrDeclaration" )
such declaration and map are hereinafter called the
ToGETHER WITH aII easements appurtenant thereto as granted pursuant
to the Declaration;
SUBtEgf, HOWEVER, to all of the tenns and conditions contained in
the Declaration. rl
Every such description shalt be good and sufficient for all Purposes to
sell, convey, transfer, encunber, lease or otherwise affect not only the
Condominium Unit, but also the interest in the Easements made
appurtenant to such Condoninium Unit by this Declaration. The interest
in the Easements rnade appurtenant to any Condoniniun Unit shall be
deemed conveyed or encumbered with that Condominium Unit, even though
the legal description in the instrument conveying or encurnbering such
Condominiun Unit nay only refer to that Condominium Unit. Ttre referenceto the Declaration in any instrurnent shall be deemed to include any
supplements or amendments to the Declaration, without specific reference
thereto.
3.05:Separate Assessment. Declarant shall give written notice
to the Assessor of Eagle County, Colorado requesting that the
Condorninium Units be separately asseqsed and taxed and that the total
value of the common Elenents be assessed and taxed proportionately with
each Condoninium Unit in accordance with such Condominium Unit's Sharinq
Ratio as provided in Section 38-33.3-Lo5 of the Act. After this
instrument has been recorded in the reaL estate records of Eagle County,
Colorado, Declarant shall deliver a copy of this instrument as recordedto the Assessor of Eagle County, Colorado.
3.06: Use Comnliance. The use of the Condoniniun Units shall
cornply with: (a) the terms, conditions and obligations set forth in the
Declaration; (b) the natters set forth on the ttap; and (c) all present
and future laws, rules, requirenents, orders, directions, ordinances and
regulations (including zoning regulations) affecting the CondominiumUnits of any governmental. authority having jurisdiction over the
Condoniniun Units and of their departments, bureaus or officials.
562497 8-666 P-474 O5/O3/95 04:29P PG 9 oF 40
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3.07:No Partition of Conrnon Elements. The Common Elementsshatl be owned by aII of the owners and are not subject to partition.
Any purported conveyance, encumbrance, judicial sale or other voluntary
or involuntaryl transfer of an undivided interest in the Common Elements
nade without the Condominium Unit to which such undivided interest is
allocated shall be void in accordance with the provisions of Section 38-
33.3-207(b) of the Act. This Article shall not, holrever, Linit or
restrict the right of the owners of a Condoninium Unit to: (a)
reallocate Lirnited Cornmon Elenents between or anong the Condorniniun
Units, relocate boundaries between adjoining Condominium Units as long
as the Unit Owners and First Lienors affected by such change consent to
such reallocatlon, relocated boundary lines or resubdivision or (b)
bring a partition action pursuant to Section 38-28-101 et Eeg. of
Coloiado nevised Statutes requesting the sale of the Condorninium Unit
and the division of the proceeds among such Ownersi provided that no
physical division of the Condoniniuru Unit shatl be pernitted as a part
of- such action and no such action shall affect any other Condoninium
Unit or the Comrnon Elements.
3.08: Encroachments. If any part of the Conmon Elements now or
hereafter encroaches upon any portion of any Unit, or if any part of a
Unit now or hereafter encroaches upon any portion of another Unit or the
CorTmon ELenents as a result of construction or as a resuLt of settling
or shifting after construction, a valid easement for the encroachnent
and for the naintenance of the sarne shall exist so long as such Common
Element or Unit (as the case may be) stands. In the event a comnon
Element or Unit shatL be partially or totally destroyed as a result of
fire or other casualty or as a result of condennation or eminent-donain
proceedings, and then rebuilt, encroachments of any part of such Common
Elenent upon any portion of a Unit or encroachments of any part of such
Unit upon any portion of another Unit or the common Elements due to such
rebuilding, shall be permitted provided such encroachment does not
interfere with the use and enjoyment of the unit encroached upon and
only affects the market value of the unit encroached upon to a
dininutive amount, and valid easenents for such encroachnents and the
maintenance thereof shall exist so J-ong as such common Element or Unit
(as the case may be) shalL stand.
3.09: No Mechanic's Liens.
(a) If any o\rner shall cause any material to be furnished to such
Owner's Condonrinium Unit or any labor to be perforned therein or
thereon, no Owner of any other Condominiurn Unit shall under any
circunstances be liable for the payment of any expense incurred or for
the value of any work done or material furnished. A11 such work shall
be at the expense of the owner causing it to be done, and such owner
shall be solely responsible to contractors, laborers, materialmen and
other persons furnishing labor or naterials to such owner's CondoniniunUnit. Nothing herein contained shall authorize any owner or any person
dealing through, with or under any owner to charge the Comnon Eletnents
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or any Condoninlum Unit other than that of such Ovtner with any
mechanic,s or materialman,s lien or other lien or encumbrance whatever.
on the contrary (and notice is hereby given) the right and power to
charge any lien or encumbrance of any kind against the comnon Elementsor against any Olrner or any owner,s Condorniniuru Unit for work done ormaterials furnished to any other owner's Condominiun Unit is hereby
expressly denied.
(b) If, because of any act or onission of any ovtner, any
nechanic's or materialman's lien or other lien or order for the paynent
of noney shall be filed against the comilnon Elernents or against any other
Ownerts Condominium Unit or against any other owner or against Declarantor the Association (whether or not such lien or order is valid or
enforceable as such), the owner whose or which act or omission forms the
basis for such lj.en or order shall at such owner's own cost and expense
cause the same to be canceled and discharged of record or bonded in an
anount and by a surety company reasonably acceptable to the party orparties affected by such lien or order within 2o days after the filingthereof, and further shall indernnJ.fy and save alt such parties harrnless
fron and against any and all costs, expenses, claims, losses or damagesincluding, without J.initation, reasonable attorney's fees resulting
therefrom.
3 . 1-O:
(a)
Ricrhts of Declarant.
The Declarant reserves the following Development Rights:
The right to construct underground utility 1ines, -pipes,
wires, ducts, conduits and other facilities across the Property for the
purpose of furnishing utility and other services to Improvenents
constructed on the Propert,y. The Declarant also reserves the right to
withdraw and grant licenses or easements to public utility companies and
other entities providing services to the Conmon Interest Corununity andto convey Improvements within those easements anywhere in the commonInterest Connunity not occupied by the building, for the Purposesmentioned above. If the Declarant grants a recorded easenent, Exhibit
B will be amended to include reference to the recorded easement.
(b) The Developnent Rights reserved in Article 3.10(a) nay be
exercised up to six (6) nonths after the recording of the initial
Declaration.
(c) The Declarant reserves the foll-owing Special
which nay be exercised, where applicabte, anywhereInterest Conrnunity:
Declarant Rights,within the conmon
(i) To cornplete Improvements indicated on the Plat and Plansfiled with this Declaration;N
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05/03/95 04:29P PG 11562497B-666 P-474 oF 40
(ii) To exercise a
Declaration;
Development Right reserved in this
(iii) To use easements through the Common Elements for the
purfose of rnaking Improvernents within the Common Interest
Conmunityi and
(d) As long as the Declarant j.s a Unit owner, the Decl-arant, its
aufy iutnorized igents, representatives and ernployees may maintain any
Unit owned by the Declarant as a model Unit.
(e) The Declarant reserves the right to perform Itarranty work,
repairs and construction work in Units and common Elements' to store
materials in secure areas, and to control and have the right of access
to work and repairs until conpletion. A11 work may be performed by the
Declarant without the consent or approval of the Executive Board.
Declarant shal1 obtain pernission, if reasonably possible, fron a Unit
Owner before performing work inside a Unit, or if such work adversely
inpacts the o-cupancy of such Unit. Declarant shalL repai,r any damage
to the Property-cauied by the repairs and work perfonned under.this
Article. tne Olctarant has an easenent through the Comrnon El-ements as
may be reasonably necessary for the purpose of discharging the
Oe-ctarantrs obligalions or exercising special Declarant Rights' whether
arising under the Act or reserved in this Declaration.
(f) Declarant reserves the right to conduct general sales
activities in a manner which wilt not unreasonabty disturb the riglrts of
Unit Owners.
(s) The Declarant reserves the right to retain all personal
propeifi and equipment used in the sales, management, construction and
iraintenlnce of Lne nroperty that has not been represented as property of
the Association. The Declarant reserves the right to rernove from the
Property (proruptly after the sale of the last Unit) any and all goods
and- imfrofemerits used in development, marketing and construction,
whether or not they have become fixtures.
(h) Un1ess terminated earlier by an amendment to this Declaration
executed by the DecLarant, dtrY Special Declarant Rignt may be exercised
by the DeClarant, until the earlier of the following., as, long-as the
D6clarant: (a) is obligated under any vtarranty or obligation' (b_l owns
any Unit; or' (c) three years have elapsed . after recordinq of this
oellaration. Earlier ternination of certain rights may occur by statute
or by this Declaration.
(i) Neither the Association nor any Unit Owner may take any_action
or aa6pt any rule that will interfere with or dininish- any Development
Right br SpLcial Declarant Right without the prior written consent of
the Decl-arant.
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3.11: Riqhts of owners. The owners, including the Declarant
when acting as an owner, strall have the following rights, with the
consent of the first lienor of the affected Unit(s), with respect to
their Condoninium Units as described in the Act: (a) the right to
reallocate Limited Conmon El.ements between or among Condominium Units in
accordance with the provisions of Section 38-33.3-2Og (21 of the.Acti and
(b) the right to relocate boundaries between adjoining Condominiun Units
in accordance with the provisions of Section 38-33.3-2L2 of the Act.
and their Allocated Interests is set forth in 1.01(b) above. These
interests have been allocated in accordance with the formulas set out in
this Article.
4.O2. Fornulas for the AlLocation of Interests: The interests
altocated to each Unit have been calculated by the following fornulas:
(a) Undivided Interest in the Conrnon Elements. The percentage of
the undivided interest in the Common Elernents allocated to eactr Unit is
based on the number of gross square feet in each Unit (exclusive of any
garage or patio area) divided by the number of gross square feet of all
the Units in the common Interest Conmunity. nultiplied by 1oo.
(b) Iriability for the Cornrnon Expenses. The percentage-o! the
unaiviaia GEerest in the connon ElenLnts allocated to each Unit is
based on the percentage ownership of the Conrnon Elements in the Common
Interest Conmunity.
4.01:
(c) Votes. Each Unit inthe number of votes set forth
5. O1:
ARTICLE 4
ALIPCATED INTERESTS
ALlocation of Interests: The table showing Unit nunbers
the Connon Interest Community shall have
in Article 7.01 of this Declaration.
ARTICLE 5
RESTRICTIONS
Use Restrictions. Condominiurn Units L' 2, and 3 shall be
used and occupied prinrarily for residential use and for such other
purposes as are incidental to such primary use. The above stated use
and occupancy shall be only as perrnitted by and subject to the
appropriate and applicable goverrunental zoning and use laws from tine to
tine in effect. An Owner shall have the right to lease such Owner's
Condonriniun Unit upon such terms and conditions as such Owner nay deem
advisable; provided, however, that (a) any such lease shatl provide that
the lease is subject to the terms of the Declaration, (b) a Condominium
Unit rnay be leased only for the above use and occupancy, and (c) any
failure of a lessee to cornpty with the terms of the Declaration, the
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8-666 P-474 O5/03/9i O4:Z9p pc 13 oF 40562491
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Articles, the By1aws, or the Rules shall constitute a default by such
onner under the applicable docurnent. The restrictions contained in this
Article shall not apply to Declarant to the extent Declarant exercises
any of the rights of Declarant set forth in Article 3.10 hereof.
5. 02:Declarant's Use Durinq Construction. During the period
of construction of the BuiJ.ding, Declarant, its agents, employees and
contractors shall be perrnitted to naintain on any Portion of the
Property, such facilities as in the sole discretion of Declarant rnay be
reasonably reguired, convenient or incidental to such construction,including, without linitation, storage areas, construction yards,
construction offices, parking areas and tenporary parking facilities.
Declarant, its agents, employees and contractors hereby reserve an
easement over, across, through and upon the conmon Elenents for the
purposes of (a) discharging Declarant's obligations under the
Declaration or the Actr (b) exercising any of the Special Declarant
Rights described in Article 3.1"0 hereof or (c) exercising any of
Deilarant's other rights under the Declaration. DecLarant shaLl obtain
permission, if reasonably possible, fron a Unit Owner before performing
work inside a Unit, or if such work adversely impacts the occupancy of
such Unit. Declarant shall repair any damage to the Property caused by
the repair and work performed under this Article.
5. 03:Restrictions on Aninals. No animals, livestock' horses
or poultry or any kind shall be kept, raised or bred within any Unit or
within the conmon Elenents, except that dogs, cats and other
domesticated household aninals nay be kept by a Unit Owner as householdpets so Long as such pets are not a nuisance to any other Unit-owner.
Pedestrians acconpanied by a household pet within the Comnon Elements
must have said pet under their direct control . The Executive Board
shall be entitled to adopt rul-es and regulations'which specifically
relate to the regulations and control of household pets kept in the
Condoniniun Units and upon the Property. The Executive Board shall also
have the absolute power to prohibit any pet from being kept upon ttre
Property or in any of the Condominium Units, if such pet causes a
violation of Article 5.06 hereunder.
5.04: Parkincr. No vehicle of any type nay be parked on the
Property except in driveways or paved parking areas. No comnercial type
of vehicle and no recreational vehicles shall be stored or parked on the
Property unless parked within a Unit. A recreational vehicle shall
include for purposes of this Declaration, rnotor hornes, motor coaches,
buses, pickup trucks with canper tops or similar accessories, boats,
canping trailers or trailers of any type. Parking spaces or driveways
shatt be used only for parking autonobiles and motorcycles and not for
any other storage purposes. Motorcycles and bicycles shall not be
stored on porches, balconies, decks, patios or yard areas. No vehicleor motorcycle shall be parked in a driveway or parking area for nore
than 48 consecutive hourl without being moved offsite or inside a Unit
for a minimum 24 hour period.
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5.05: Trash and Unsightlv Uses: Unsightly objects and
rnaterials shall not be placed upon the Conmon Elenents and no part of
the Conmon Elements may be used as a dumping ground for garbage, trashor other waste except in areas designated from tine to tirne by the
Association as a common garbage disposal area, and the sane shall be
dlsposed of in a sanitary manner. A11 trash containers shall be stored
inside the Unit, except when a pick-up of such trash is scheduled. The
Association shaLl have the right to enter upon any common ELenents andto remove such refuse piJ-es or other unsightly objects and rnaterial atthe expense of the Unit Or,rner causing the same, and such entry shall not
be deemed a trespass.
5. O6:No Noxious. Offensive Hazardous or Annovincr Activities.
Except as otherwise expressly provided in this Declaration, the Property
and each Condoniniun Unit shall be used and occupied for the purposes
described in Articl-e 5.01. Noxious, destructive, or offensive activity,
or any activity constituting an unreasonable source of annoyance, shall
not be conducted in any Condorninium Unit or upon the Property, and the
Association shall have standing to initiate legal proceedings to abate
such activity. Each owner shall refrain frorn any act or use of his orher Condorninium Unit which could cause unreasonable discornfort or
annoyance to other Owners, and the Executive Board shall have the power
to make and to enforce reasonable rules and regulations in furtheranceof this Article.
5. O7:No ImperiLinq of Insurance. No Owner and no Owner's
Guests shall do anything or cause anything to be kept in or on a4 Willow
PLace that night result in an increase in the premiums of insuranceobtained for 44 Willow Place or which cause cancellation of such
insurance without the prior written consent of the Association first
having been obtained, unless such use is a permitted use under Article
5.01 above.
5.08:No Violation of Lalr. No owner and no Owner's Guestsshall do anything or keep anything in or on the 44 Willow Place which
would be in violation of any statute, rule, ordinance, regulation,pernit or other validly irnposed requirement of any governnental body.
5. 09:No Time Share Estate. No owner of any Condominium Unitshall be entitled to subject such Owner,s Condominium Unit to a I'tine
share estaterr (as such tenn is defined in Section 38-33-l-10 of Colorado
Revised Statutes) unless such owner shall have obtained the priorwritten consent of all of the Owners of the other Condominiurn Units.
ARTICLE 6
ARCHITECTURAL CONTROL
6.01: Approval of Construction and Exterior and Interiorldodifications. Declarant shall be entitled to construct the Building
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5.05: Trash and Unsiqhtlv Uses: Unsightly objects and
materials shaLt not be placed upon the Common Elernents and no part of
the Cornnon El.ements may be used aS a dumping ground for garbage, trash
or other waste except in areas designated from time to tirne by the
Association as a common garbage disposal area, and the same shall be
disposed of in a sanitary manner. A11 trash containers shall be stored
inside the Unit, except when a pick-up of such trash is scheduled. The
Association shall have the right to enter upon any Common Elements and
to remove such refuse piles oi other unsightly objects and material at
the expense of the Unit Owner causing the same, and such entry shall not
be deemed a trespass.
5. 06:No Noxious. offensive Hazardous or Annovinq Activities.
Except as otherwise expressly provided in this Dectaration, the Property
and each Condominiun Unit shall be used and occupied for the purposes
described in Article 5.01. Noxious, destructive, or offensive activity,
or any activity constituting an unreasonable source of annoyance, shalL
not be conducted in any Condoniniurn Unit or upon the Property' and the
Association shall have standing to initiate legal proceedings to abate
such activity. Each Owner shall refrain from any act or use of his or
her Condominium Unit whictr could cause unreasonable discomfort or
annoyance to other O!'rners, and the Executive Board shall have the pohter
to make and to enforce reasonable rules and regulations in furtheranceof this Article.
5. 07:No Imperilinq of Insurance. No owner and no Olirner's
Guests shall do anything or cause anything to be kept in or on 44 Willow
Place that might result in an increase in the premiums of insurance
obtained for 44 Willow Place or which cause cancellation of such
insurance without the prior written consent of the Association first
having been obtained, unless such use is a permitted use under Article
5.0L above.
5. 08:No Violation of Law.No Owner and no ownerts Guests
shall do anything or keep anything in or on the 44 Willow P1ace which
would be in violation of any statute, rule, ordinance' regulationt
permit or other validly irnposed reguirement of any governrnental body.
5.09: No Tine Share Estate. No owner of any Condominium Unit
shalt be entitlea €o suUject such owner's Condominiun unit to a rrtirne
share estaterr (as such term is defined in Section 38-33-L10 of colorado
Revised Statutes) unless such owner shall have obtained the prior
written consent of all of the Ovrners of the other Condominium Units.
ARTICLE 6
ARCHITECTURAL CONTROL
?tc
6.01: Approval of Construction and Exterior and Inlerior
Modifications. Declarant shall be entitled to construct the Building
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5.05: Trash and Unsiqhtlv Uses: Unsightly objects and
rraterials shall not be placed upon the Common Elernents and no part of
the Conmon Elements may be used as a dumping ground for garbage, trash
or other waste except in areas designated fron tirne to tine by the
Association as a common garbage disposal area, and the same shall be
disposed of in a sanitary manner. All trash containers shall be stored
insiae the Unit, except when a pick-up of such trash is scheduled. The
Association shall have the right to enter upon any Common Elenents and
to remove such refuse piles or other unsightly objects and material at
the expense of the Unit onner causing the sarne, and such entry shall not
be deened a trespass.
5. 06:No Noxious, offensive Hazardous or Annoying Activities.
Except as otherwise expressly provided in this Declaration, the Property
and each Condominiun Unit shall be used and occupied for the purposes
described in Article 5.01. Noxious, destructive, or offensive activity,
or any activity constituting an unreasonable source of annoyance, sha1l
not be conducted in any Condoniniurn Unit or upon the Property, and the
Association shall have standing to initiate legal proceedings to abate
such activity. Each Owner sha}I refrain frorn any act or use of his or
her Condoniniun Unit which could cause unreasonable discomfort or
annoyance to other Owners, and the Executive Board shal1 have the po\'rer
to nike and to enforce reasonable rules and regulations in furtherance
of this Article.
5.O7: No Innerilincr of Insurance. No Owner and no Ohrner's
cuests shall do anythinlt or iause anything to be kept in or on 44 Willow
Place that might result in an increase in the premiums of insurance
obtained for 44 Vlillow Place or which cause cancellation of such
insurance without the prior written consent of the Association first
having been obtained, unless such use is a pernitted use under Article
5.01 above.
5.08: No Viblation of Law. No Owner and no Owner's Guests
shall ao anytning or feep inytning in or on the 44 Witlow Place which
wouLd be in violation of any statute, rule, ordinance' regulation'
permit or other validly irnposed requirement of any governmental body.
5.09: No Time Share Estate. No Ohrner of any Condorniniun Unit
shall be entitled €o iutject such Owner's Condominium Unit to a'rtine
share estaterr (as such terrn is defined in Section 38-33-110 of Colorado
Revised Statutes) unless such Owner shall have obtained the .priorwritten consent of all of the owners of the other Condorninium Units.
ARTICLE 5
ARCHITECTURAL CONIROL
?
n
5.01: Approval of Construction and Exterior and Inlerior
Modifications. -olclarant shall be en[itled to construct the Building
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without the prior written permission of the Executive Board. No
modifications-including a color change to a Condoniniun Unit which would
be visible from the exterior of the Building rnay be undertaken without
in each case obtaining the prior written pernission of the Executive
Board of the proposed nodification. In considering each request for
approval, the Executive Board shal1 maintain the first-class apPearance
oi- tfre 44 Willow Place and to assure that aII Condoninium Units are
architecturally conpatible.
Unit Owners may make alterations or irnprovements to the interior of
their Units without the approval of the Executive Board, that do not
irnpair the structural integrity, electrical systems, rnechanical systems,
sound transmission to other Units, or lessen the support of any portion
of the Common Interest Cornmunity.
6.O22 Approval. Procedures.whenever any Owner requests
approval from the Executive Board as described in Article 6.01. hereof,
tLe nxecutive Board may request that such O!,tner provide the Executive
Board with such items as the Board may reasonably request in order to
inform the Executive Board about the matter requiring approval. The
Executive Board shalt not be required to take any action with respect to
a requested approval unless and until the Executive Board receives all
iterns reasonably requested by the Executive Board. Once aII of such
items have been furnished to the Executive Board, the Executive Board
shall have 3o days to approve the request as submitted, to approve the
request with such reasonable conditions as the Executive Board may
require or to reject the reguest and, if the Executive Board does not so
act within such 30 day period, the request shall be deemed approved as
subnitted. If the request is approved, the nodification approved shall
be undertaken by the Owner in accordance with the items subnitted to the
Executive Board and any conditions placed upon such approval by the
Executive Board.
6.03 :No Liabilitv.The Executive Board shall not be
responsible or liable for damages because of any failure to act'
disapproval or failure to approve or disapprove any request for approval
aesciitrea in Article 6.Ot or because of any defects in any items
subrnitted to the Executive Board in connection with any request for
approval . Any Owner requesting approval by the Executive Board by so
doing altrees ind covenants not to bring any action or suit to recover
danages against the Executive Board, its members as individuals, or its
advisors, enrployees or agents or the Association and its officers and
members. Nottring containLd herein shall prohibit an owner from seeking
injunctive or declaratory relief from a court of competent jurisdiction.
CQ1ro
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, ARTICLE 7
THE ASSOCIATION
7.0L: Menbership.
(a) Declarant shall be a nenber of the Association for so long as
Declarant is the Owner of any Condominium Unit. Each individual,
corporation, partnership, liruited liability company, joint venture,
trust or other tegal entity capable of holding title to real property in
Colorado shall automatically become a member of the Association upon
becoming an Owner of a Condoniniun Unit. Mernbership shall be continuous
throughout the period that such or,rnership continues and shall be
appurtenant to and inseparable from ownership of a Condoniniun Unit.
t'tenbership shall terninate automatically without any Association action
whenever beclarant or any other ohrner ceases to own a Condoninium Unit.
Ternrination of nembership shall not retieve or release any forner member
fron any liability or obligation incurred by virtue of or in -any way
connected with ownership of a Condominium Unit or irnpair any rights or
renedies which the Association or others.may have against such former
member arising out of or in any htay connected with such ownership or
nenbership.
(b) (i) The total number of votes in the Association shall be
lOrOOO. The votes are hereby allocated to each existing Condominiurn
Unit as follows:
(c) For the purposes of eLecting an Executive Board, the owners
shall be entitled to elect the number of directors as set forth below'
opposite their Unit designation:
Condominium Unit 1
Condoninium Unit 2
Condoniniurn Unit 3
Condorniniun Unit 1
Condoninium Unit 2
Condonrinium Unit 3
3,881 votes
3,3o2 votes
2,8L7 votes
L Director
l- Director
1 Director
If a director is removed pursuant to Section 38-33.3-303(8) of
the Act or for any other reason, with or without cause, the person
replacing the director removed shall be appointed by the Owner of the
Unit who appointed the rernoved director.
(d) If there is only one owner of a Condominium Unit, such owner
shall be entitled to cast the votes allocated to such Condoninium Unit
at any rneeting of nenbers. If there are multiple owners of a
Condorniniun Unit and only one of such rnultiple Owners is present at a
rneeting of the nembers, such Owner shall be entitled to cast the votes
allocated to such Condorniniuru Unit. If there are multiple Owners of a
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Condominiurn Unit and more than one of the multiple Owners of such
Condoninium Unit are present at a meeting of the members, the votes
allocated to such Condominiun Unit nay be cast onJ-y in accordance with
the agreement of a majority in interest of such Owners as suctr agreement
nay be reasonably evidenced to the person presiding over such neeting.
It is reasonable evidence of the agreement of a najority interest of
nultiple Owners of a Condominium Unit if any one of such Owners casts
the votes allocated to such Condominium Unit without protest being made
prornptly to the person presiding over the meeting of the nembers by any
of the other Owners of such Condominium Unit. Declarant and each menber
which is a corporation, partnership, linited liability company' joint
venture, trust or other legal entity capable of holding title to real
property in Colorado shall fron tine to tirne designate in writing to the
Association one or more individuals who may represent it at a meeting,
and vote on its behaLf. Until the Association is notified in writing to
the contrary, any action taken by any person(s) designated in writing to
represent Declarant or such mernber shall be binding upon Declarant or
such nember, as the case nay be.
(e) The rights and obligations of members of the Association are
further delineated in the Articles, the By1aws and the Rules and each
owner is advised to obtain copies of the then current Articles, Bylaws
and Rules upon becoming an Owner.
(f) Each menber shall conply strictly with the provisions of the
Declaration, the Articles, the By1aws and the Rules. The failure of a
rnemlrer to comply strictly with such provisions shall permit the
Association to suspend a nember's voting rights while in noncompliance
and to take the actions outlined in Article L5.01 hereof to enforce the
Declaration. In addition, the Bylaws and the Rules rnay permit the
Association to take further actions in the event of noncompliance by a
member with such provisions.
'7.O22 Powers of the Association.
(a) 44 Willow Place shall be adninistered and managed by the
Association pursuant to the Declaration, the Articles, the Bylaws, the
Rules and the Act. The Association shall have all of the polders
expressed in, or irnplied frorn, the provisions of the Declaration, the
Articles, the Bylaws, the Rules and the Act subject; however to the
following Iinitations :
(i) except for the po$/er to grant easenents,. leases, Iicenses
and concessions through or over ttre Common Elements set forth in
Section 38-33.3-302(I) of the Act, the Association shall not conveyor encumber the Common Elements unless all owners, and aI1 First
Lienors have given their approval thereofi
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8-666 P-474 O5/Og/95 04:29P PG 18 oF 40
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562497
(ii) the Association shal1 be organized and operated
exclusively for pleasure, recreational and other non-profitable
purposes as set forth in Section sol-(c) (7) of the Internal Revenue
Code of 1986, as it is now or may hereafter be anended, or in any
corresponding provisions of any future law of the United States of
America providing for the exemption of similar organizations from
income taxation; and
(iii) no part of the net earnings of the Association shall
inure to the benefit of any nernber of the Association.
(b) Without limiting the generality of the foregoing, the
Association shall have the power from tirne to tine as it deems necessary
and appropriate to adopt, arnend and enforce the Rules in order to
irnplement the provisions of the Declaration including withoutlirnitation, Rules intended to prornote the general health, safety and
welfare of persons within 44 Willow Place, to protect and preserve
property and to regulate the use of the common E1ements. AII of the
Rules adopted by the Association shall be reasonable and shall be
unifornly applied. The Association nay provide for enforcement of the
Rules through reasonable and uniformly applied fines and penalties,
which shall be collectable by the Association as a charge pursuant to
ttre provisions of Article t hereof. Each Ostner, and such Owner's Guestshall be obligated to and shall comply with and abide by the Rules and
pay such fines or pena).ties upon failure to conply with or abide by theRules. The Association sha11 not be responsible to any Owner or Guestfor the non-observance by any other owner or Guest of the Rules.
7.o3: Executive Board. The Executive Board is hereby
designated to act on behalf of the Association and shall be responsiblefor the control and management of the Association and the disposition ofits funds and propertyt provided, however that the Executive Board may
not act on behalf of the Association to: (a) anend the Declarationi (b)
terminate 44 l{illow Place except as set forth in Section 38-33.3-2LB of
the Actt or (c) elect Directors or determine the gualifications, pohters
and duties, or terms of office of Directors. The number of directors,their terms of office and their qualifications shall be deterrnined
according to the Bylaws. The nembers of the Association shall elect all
directors as set forth in Article 7.01.(c) above. within 5 days afterthe owners other than Declarant elect a rnajority of the directors,
Declarant shall deliver to the Association all property of the Owners
and of the Association held by or controlled by Declarant, includingwithout Iimitation, the itens specified in Section 38-33.303(9)(a)
through (L) of the Act.
Notwithstanding anything to the contrary, herein, until the ownercontrol Date, the officers and members of the Board shall be appointed
and removed as set forth in Article 3.10(h).
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7.042 Officers. The officers of the Association shall be apresident, a vice-president, a secretary, a treasurer and such otherofficers as may froru time to tine be prescribed by the By1aws. Theterms of office of the officers of the Association and theirgualifications shall also be determined according to the Bylaws.
ARTICLE 8
MAINTENANCE AND INSURANCE
8.01: Maintenance by Owners.
(a) Each Owner shall be responsible for the following maintenance
and repair of the following portions of'such Owner's Condominium Unit:
(i) the maintenance and repair of the interior portions
defined in Article 2.37 above, and exterior doors and windows(except for the painting of exterior doors and windows which shall
be an Association expense) of such or,rner's Unit; and
(ii) the maintenance and repair of the water, selder,
electrical , natural 9ds, telephone and other utility services
Iocated within such Owner,s Uniti and
(iii) the maintenance, repair or replacement of heatexchangers, water heaters, humidifiers. water softeners orpurifiers, boilers, hot tubs or other mechanical devices servingthat unit only whether or not located in the Cornmon Elements. If
any such Limited common Elernent is assigned to more than one Unit,
such expense shall be shared equally among the Units to which it is
assigned. Each Unit Owner shatl be responsible for removing all
snow and debris fron all patios, balconies, driveways, stairways
and sidewalks or walkways and the general repair, maintenances or
replacement of such areas which are Linited common Elements
appurtenant to his or her Unit. ff any such Linited Conmon Element
is appurtenant to rnore than one Unit, the Owners of those Units
will be jointly responsible for such removal on an equal basis.
(b) In performing the naintenance or repair required by Article
8.01.(a) hereof, no owner shall do any act or work which impairs or
otherwise affects the Common E1enents. If, in the reasonable judgiment
of the Association, an Owner has failed to naintain those portions of
such Owner's condominium Unit, which such owner is required to maintainin a clean, safe, attractive and sightly condition and in good repairconsistent with the high standards of 44 Willow Place, the Association,
may after 10 days' notice to such Owner, perform all work deemed
necessary by the Associat,ion to place such Condominium Unit inconformity with the foregoing standards and shall have access to such
Condominium Unit for such purposes. The Association shalL be reimbursedby the Owner who or which failed to adequately rnaintain such Owner,s
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562497 B-666 P-414
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Condominiurn Unit for alL costs of the work performed by the Association
pursuant to the authorization contained in the preceding sentence, forinterest on such costs fron tbe date incurred at the annual rate of 2L
percent or the maximurn allowed by law, whichever is less, and for all
costs of collection of the anounts to be reimbursed, including
reasonable attorneys' fees.
8.02: Maintenance bv the Association.
(a) The Association shall be responsible for the following
maintenance and repair:
(i) those portions of the Condominium Units which are not
required by Article 8.oL(a) hereof to be maintained by the owners,
(ii) the Common Elements; and
(iii) the Linited common Elements except as specified in
paragraph 8.0r.(a) (iii) above.
(b) The costs of the rnaintenance and repair required by Article
8.02(a) hereof shall be a Common Expense. If, however, the need to
perform such maintenance results fron the negligence or intentional actof an Owner or such Owner's Guests, such Owner shall reimburse the
Association for all costs of such rnaintenance and repair, for interest
on such costs fron the date incurred at the annual rate of 2L percent orthe maximum allowed by law, whichever is less, and for all costs ofcollection of the amounts reimbursed including, without linitation,
reasonabLe attorneyst fees.
8.03: fnsurance.
(a) The Association shalL provide and keep in force the following
insurance:
(i) Property damage insurance on the Building (including the
Condominium Units comprising the Building) and any other improvement
included within the Cornrnon Elements (including fixtures and building
service equipnent and conmon personal. property and supplies owned by the
Association) insuring against loss by fire, lightning and the risks
covered by the t'all risksrr endorsement of the insurer (which risks shall
include at least vandalism, malicious rnischief and those risks coveredby a standard broad form coverage endorsement) in an amount not lessthan the fuIl replacement value of the Building and any other
inprovenent included within the Common Elements (without deduction for
depreciation but less applicable deductibles and exclusive of the costsof land, excavation, foundations, paving and other itens nornally
excluded from property policies).in an agreed amount endorsement butwitlr a schedule of insured values for each Condominium Unit contained in
the Building and for each other improveme'nt included within the Comrnon
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Elenents. Such insurance shall be carried in blanket policy form narningthe Association as the insured, shall provide that losses shall be
payable to and adjusted with the Association as attorney-in-fact for the
ortners and shall be for the protection of all onners and First Lienors
as their interests may appear. The Association sha1l hold and apply the
proceeds of such insurance as set forth in the Declaration but
consistent with the terns of any deed of trust of a first lienor.
(ii) iommercial general public liability insurance for theprotection of the Association, its officers and directors, all owners,all First Lienors, the managing agent engaged by the Association (if
any) and their respective employees, agents and contractors, as theirinterests nay appear, insuring against any liability arising fron the
ownership, existence, use, or maintenance of the common Area (includingtiability for death, personal injury and property danage) in the
cornbined single limit amount of not less than $5,0o0,o00.00 or in suchgreater amount as the Executive Board shall determine. Such insuranceshall cover clains of one or more insured parties against other insuredparties and shall be at least rated A + X.
(iii) Fidelity insurance covering any owner or enployee of theAssociation who disburses funds of the Association, and covering any
managing agent engaged by the Association, aII at the election of the
Association, but only if such insurance is available to the Associationwithout paynent of a premium which is, in the judgment of theAssociation, excessive.
(iv) Directors and officers liability insurance.and error and
omissions insurFnce coverage in such amounts as the Association shall
deternine for the protection of the Association, its officers, directorsand enployees, but only if such insurance is available to the
Association without palnuent of a premiun which is in the judgnent of the
Association, excessive.
' (v) Such other insurance in such amounts as the Association
may consider necessary or advisable against such other insurable hazards
as the Association may from tirne to tirne wish to insure against.
(b) The costs of obtaining and naintaining a1l insurance which iscarried by the Association pursuant to the provisions of Article 8.03(a)hereof shall be a Common Expense to be prorated among all Owners as setforth in the Declaration, notwithstanding the fact that the owners may
have disproportionate liability. ALl such insurance shall be issued by
responsible insurance conpanies authorized to do business in the Stateof Colorado. Each policy of insurance described in Article 8.03(a) (i)
and (ii) hereof shall contain the following provisions: (i) such policyshall not be naterially nodified or cancelled without at least 30 daysprior written notice to the Association and to each Owner and First
Lienor tthose or which address has been made known to the insureri (ii)
the insurer waives its rights of subrogation under such policy as to any
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claim against the Association. its officers, directors and employees,
any oqtner and members of such owner's household and any First Lienori(iii) each owner is an insured person under such policy with respect toIiability arising out of such Owner,s membership in the Association;(iv) no act or omission of an owner, unless acting within the scope of
such Owner's authority on behalf of the Association, shall void such
poJ-icy or operate as a condition to recovery under such policy; and (v)if, at the tine of loss under such policy, there is other insurance inthe name .of an Owner covering the risk covered by such policy, theAssociation's poJ-icy shall provide primary insurance. If the insurance
described in Article 8.03 (a)(iii) and (iv) hereof is not reasonablyavailable, or the Association has elected not to carry such insurance,or if any policy of such insurance is cancelled or not renewed withouta replacement policy therefor having been obtained, the Associ.ationpromptly shall cause notice of such fact to be hand delivered or sentprepaid by United States maiL to all Owners.
(c) Each Owner shatl be solely responsible for obtaining and
maintaining any insurance covering loss or danage to personal propertyin such Owner's Unit and covering liability for injury, death or damageoccurring inside such owner,s Unit. Any policy of such insurance shall
contain rtaivers of subrogation as to any clain against the Association,its officers, directors and employees, dDy Ohrner and such Owner's Guests
and any First Lienor and shall be so written that the J.iability of theinsurers issuing insurance obtained by the Association shall not beaffected or dininished thereby.
ARTICLE 9
ASSESSMENTS AND CHARGES
9.0L: Annual Assessments.
(a) Until the Association establishes an annual assessnent for
Conmon Expenses for the initial fiscal year of the Association,Declarant shall pay all Common Expenses. The Association sha1lestablish prior to the conveyance of any Condoniniurn Unit by Declarant,an annual assessment with respect to the initial fiscal year of theAssociation for the purpose of paying or creating a reserve for Cotnmon
Expenses. The amount of ttre annual assessment for the initial fiscalyear of the Association and for each fisca] year thereafter shall be
based upon the Budget adopted by the Association. The Budget shall be
based upon a good faith estinate of the Common Expenses to be paid orreserved for the year covered by the Budget including, withoutlinitation, an estimate of the costs of the naintenance and repairrequired to be perforned by the Association pursuant to the provisionsof Article 8.02 hereof during such year, an estimate of the costs of theinsurance described in Article 8.03 hereof to be obtained by theAssociation during such year, and an estimate of the amount of funds to
be reserved during such year for the costs of the periodic refurbishing
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and replacement of those items which are to be maintained and repaired
by the Association pursuant to the provisions of Article 8.02 hereof, as
such items weaf out or becone obsolete, so that the costs of suchperiodic refurbishing or replacenent nay be paid through the annual
assessments instead of specia'l assessrnents. The Executive Board shall
establish the annual assessment for the initial fiscal year of the
Association without a vote of the Owners. The annual assessments for
any fiscal year after the initial fiscal year shall be established only
after a Budget is adopted in accordance r',rith the provisions of Article
9.01(b) hereof.
(b) After the initiat fiscal year of the Association, or in the
event the Association desires to make an adjustment to an annual
assessment previously estabtished during a fiscal year, the Executive
Board shall adopt a proposed Budget to serve as the basis for the
establishrnent of the annual assessnent or the adjustments to the annual
assessment (as the case rnay be). Within 30 days after the adoption of
such proposed Budget, the Executive Board shall mail, by ordinary first-
class nail , or othernise deliver a summary of such proposed Budget to
all owners and shall set a date for a meeting of owners to consider
ratification of such proposed Budget not less than L4 nor nore than 50
days after nailing or other delivery of the sunmary. Unless at that
neeting onners holding 80 percent or more of the total votes of the
Association reject such proposed Budget, such proposed Budget isratified, whether or not a quorum is present. In the event such
proposed Budget is rejected, the Budget last ratified by the ownersshall be continued until such time as the owners ratify a subsequent
Budget proposed by the Executive Board and the proposed - annual
assessment or adjustment to the annual assessment shall be based upon
such continued Audget.
9.022 Special Assessrnents. In addition to the annual
assessments authorized above, the Association may establish at any tine
a special assessment for the purpose of paying or creating a reservefor, in whole or in part, the cost of any expense which the Associationis entitled to incur pursuant to the provisions of the Declaration or
the Bylaws and which is not scheduled to be paid in a Budget adopted by
the Association. No special assessment may be levied by the Association
unless such special assessment has been approved by the Executive Board
and by the najority vote of the owners present in person or proxy at a
neeting calLed for such purpose at which a guorum was present. If a
special assessment exceeds $5,ooo.oo per unit for which the cost of the
matter giving rise to the Special Assessment exceeds $l-5,000.00, (unless
such assessment arises from an energency or for the replacement or
substantial- repair of the roof), then such special assessment shall
require the unanimous consent of the Owners.
9.03: Payments of Assessments. All annual assessments shall be
payable in equal quarterly installments. Each quarterly installnent of
the annual assessrnents shall be due on the first day of each quarter in
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56249? 9-666 I.-474 O5/O3/g5 04:29P PG 24 oF 40
the amount specified in the most recent written notice frorn the
Association until the Association notifies an ohlner in writing of a
different amount. At the option of the Association, alI special
assessments may be payable in a-lunp sum or in quarterly installnents.
Each special assessment shall be due 30 day's after the Association gives
an Olilner notice of the amount of such owner's assessrnent. The
Association may charge and collect interest at an annual- rate of 21
percent or the maximum allowed by }aw, whichever is less, on any annual
or special assessment which is not paid when due.
9.04: charqes. Each owner shall be fiable for all charges with
respect to such Owner or such Owner,s Condominiurn Unit as set forth in
the Declaration. For the purposes of this Article the term rrcharglesrl
shall nean the costs to be reimbursed to the Association by an Owner
pursuant to the provisions of the Declaration including, without
linitation, pursuant to the provisions of ArticLe 9.0L(a), 9.01-(b) and
9.02 hereof, and fines and penalties for violations of the Rules as
described in Article 7.O2 (b) hereof. Any charge shalt be due within LO
days after notice of the anount of such charge is delivered to an Ohtner
and, if not paid when due, shall bear interest at an annual rate of 21
percent or the maximum alLowed by law, whichever is less. Any charge
collected by the Association shall be used by the Association in
furtherance of its duties hereunder or to defray Conmon Expenses.
9.05: Liabilitv of owners
(a) The liability for annual and special assessment of the Cornmon
Expenses is hereby altocated to each Condorninium Unit in the following
percentages:
Condoniniun Unit l-
Condominium Unit 2
Condorniniurn Unit 3
38.81 percent
33.02 percent
28.L7 percent
(b) The amount of any annual and special assessment and charges
payable with respect to an owner or such olrrner's Condominium Unj.t shall
be a personal obligation of the Owner of such Condoniniun Unit and such
owner's heirs, devisees, personal representatives, successors and
assigns and, if there are nultiple Owners of one Condoninium Unit, such
obligation shall be a joint and several obligation of each Owner of such
Condominiurn Unit. Except as set forth in Article 9.06 hereof, a party
acguiring fee sirnpJ.e title to a Condoniniun Unit shall be jointly and
severally liable with the former Owner of the Condoninium Unit for all
such amounts which had accrued and were payable at the time of the
acquisition of fee sirnple title to the Condominium Unit by such party
without prejudice to such party's right to recover any of such amounts
paid by such party frour the former owner. No owner shall be exempt froutIiability for payment of such owner's share of the common ExPenseseither by waiver of the use or enjoyment, of the common Elements or
Easements or by abandonrnent of such Owner's Condoniniurn Unit.
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9.06: Liabilitv of First Lienors. The transfer of title to a
Condoninium Unit pursuant to a foreclosure of the lien of a First Lienor
or pursuant to any procedure in lieu thereof shall extinguish the lien
for annual and special assessnents and charges against such CondoniniunUnit described in Article 9.o7 hereof as to payments which become dueprior to such transfer except to the extent specified in Section 38-
33,3-316(2)(b) of the Act. A First Lienor shaIl not be personally
liable for any assessment or charge payable by the owner of the
Condoniniurn Unit encunbered by the lien of such First Lienor, but the
Association agrees to accept any payment of such assessment or charge
made voluntarily on behalf of such owner by such First Lienor.
9.O72 The Association,s Lien. The Association shall have from
the date of recording of this instrument a lien against each Condominium
Unit to secure palment to the Association of all annual and special
assessments with respect to such Condominiun Unit and all charges with
respect to each O!'rner of such Condorninium Unit together with interest
thereon at the annual rate of 2J- percent or the maximurn allowed by law,
whichever is less, frorn the due date thereof and together with all costs
and expenses of collecting such assessments and charqes including,
without limitation, reasonable attorney's fees. The Association's lien
shalL be prior and superior to atl other liens and encumbrances on a
Condominium Unit excepl: (a) liens and encumbrances recorded prior to
the recordation of this instrumenti (b) the lien of a First Lienor with
respect to such Condoninium Unit except to the extent specified in
Section 38-33.3-3L6(2)(b) of the'Act; (c) liens for real estate taxes
and other governmental charges against such Condominiurn Unit and (d)
mechanic's and ruaterialman's liens which by law may be prior- to the
Association's lien. The Association's lien shall attach fron the date
of recording of this instrument and shall be considered perfected
without the necessity of recording a notice of default and claim of l-ien
or as disclosed on such lienor's deed of trust or other document of
record noting a change in such lienor's address. Nevertheless, the
Association shall, as a condition to enforcement of the Association'slien, record a notice of default and clairn of tien which shaIl be
executed by an officer or director of the Association and which shall
contain substantially the following information: (i) the lega1
description of the Condominium Unit against which the lien is claimedi(ii) the names of the defautting Owners as indicated by the
Association's records; (iii) the total unpaid amount together with
interest thereon and the costs of collection as of the date of suchnoticet (iv) a statement that the notice of default and claim of tien is
rnade by the Association pursuant to the Declaration, and (v) a statement
that a lien is clairned and will be foreclosed against such Condominium
Unit in an amount equal to the amount stated as then due and any
additional amounts thereafter becoming due. The Association shalL send
a copy of such notice of default and clairn of lien to the owners andFirst Lienor of the Condominium Unit against which such lien is claimed
at their addresses last known to the Association within 10 days after
the recording of such notice of default and clain of Iien or as
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disclosed on such lienor's deed of trust or other document of record
noting a change in such lienor's address. The Association's lien may be
forecl-osed in the manner provided by Colorado for the foreclosure of
mortgages encumbering real property. At its option, the Association nay
recover any amounts cLaimed to be due in a notice of default and clain
of lien by an action for a money judgrment. In any such foreclosure or
action, the Owners of the Condominium Unit subject to such foreclosure
or action shall be required to pay the costs and expenses of such
proceedings including, without lirnitation, reasonable attorney's fees.
Notwithstanding anything to the contrary contained herein, the
foreclosure of the lien for assessnents as set forth herein, shall havethe effect of giving the Association a priority clain for monetary
compensation to the extent of the priority of the lien clairn over thatof the First Lienor, but shall not extinguish or foreclose out the lien
or lien position of the First Lienor. The Association shall be entitledto purchase the Condoninium Unit at any foreclosure sale, and to
acquire, hold, lease, mortgage or convey the sane, subject to the lienof the First Lienor. In any such foreclosure or action, the court may
appoint a receiver to collect all sums alleged to be due frorn the ownersprior to or during the pendency of such foreclosure or actions. The
Court may order the receiver so appointed to pay any sums held by such
receiver to the Association during the pendency of such foreclosure or
action to the extent of the unpaid annual and special assessments and
charges.
9.08: Statement of Unpaid Assessments and Charges. The
Association shall furnish to an owner of a Condorninium Unit, a designeeof such ohrner, a holder of an indebtedness secured by a deed of- trust'
mortgage or other security docurnent encumbering a condominium Unit or a
designee of such holder, upon written request, delivered personally or
by certified mail, first-class postage prepaid, return receipt requestedto the Association's registered. agent, a statement setting forth the
amount of the unpaid annual and special assessnents and charges, if anytwith respect to such Condoninium Unit. Such statement shall be
furnished within 14 days after receipt of the request and is binding
upon the Association. the Executive Board and every Owner. If no
statement is furnished to the requesting party delivered personally or
by certified nail, first-class postage prepaid, return receipt
requested, to the requesting party within such L4 day period, then the
Association shall have no right to assert a priority lien upon the
Condoniniun Unit for unpaid annual and special assessments and charges
which were due as of the date of the request.
9.09: Surplus Funds. Upon the deternination by the Executive
Board that surplus funds of the Association remain after paynent orprovision for common Expenses and any prepayment of provision for
reserves, the Executive Board nay decide either to distribute such
surplus funds to the owners in accordance with their respective Sharing
Ratios or to credit such surplus funds tcj the Owners in accordance with
their respective Sharing Ratios against their respective liabilities for
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future Common Expenses.
ARTICLE 10
APPOINTMENT OF ATTORNEY-IN-FACT
Each Owner, on such Owner's.beha1f and on behalf of such oltner'sheirs, devisees, personal representatives, successors and assigns, by
the acceptance of the conveyance vesting in such Owner an interest in a
Condoniniun Unit does irrevocably constitute and appoint the Associationwith full porder of substitution as such owner's true and lawful attorneyin such owner's name, place and stead to deal with.such interest upon
damage to or destruction, obsolescence, or condemnation of such Owner's
Condominiun Unit or Residence with full power, right and authorizationto execute, acknowledge and deliver.any contract, deed, proof of loss'
release or other instrurnent affecting the interest of such Ottner, and to
take any other action which the Association may consider necessary or
advisable to give effect to the provisions of Articles 11, 12 and L3hereof. ff requested to do so by the Association, each Owner shall
execute and deliver a written instrument confirning such appointment.
The action of the Association in settling any damage or condennationclain shal-l be final and binding on all owners.
ARTICLE ].].
DAMAGE OR DESTRUCTTON
1l-.OL: Damacre or Destruction to Common Elements Improvernents.In the event of uaea
within the Conmon Elements which are not a part of the Building by fireor other casualty, the Association shaLl prbrnptly cause such
improvenents to be repaired and restored, utilizing available insurance
proceeds therefor, and if such improvements must be substantiallyrebuilt, the design of such improvernents shall be substantially sirnilarto the original design of such improvements. rf the proceeds of
insurance are insufficient to pay all costs of repairing and restoring
such inprovements, the difference between the insurance proceeds and
such costs shall be a Common Expense.
lL. 02 :Less Than Catastrophic Darnage to the Building. Any
damage to the Building which the Association reasonably estimates will
involve costs of repair or restoration in excess of 75 percent of the
insured value of the Building as shown on the schedule of insured values
attached to the policy of property danage insurance described in Article
8.03 (a) (i) hereof shall be referred to in this Article Ll- asrrcatastrophictt. In case of any damage to the Building by fire or other
casualty which is less than catastrophic, the Association shall pronptly
cause the Building to be repaired and restored, utilizing available
insurance proceeds therefor, and, if the Building nust be substantiallyrebuilt, the design of the Building shall be substantially similar to
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the original design of the nuilding. If the proceeds of insurance areinsufficient to pay all costs of repairing and restofing the Building,
the difference between the insurance proceeds and such costs shall be a
Common Expense.
11 .03:Catastrophic Danaqe to or Destruction of the Building.In case of any catastrophic darnage to or destruction of the Building byfire or other casualty, the Assoeiation shall not take any action torepair or restore the Building for a period of one month after the
occurrence of such fire or other casualty except for such actions as maybe required to protect the safety of Owners and Guests. If theAssociation receives written directions from all owners and First
Lienors during such one month period directing the Association not torebuild the Building, the Association shall cause the Building to be
razed and the land which constitutes the Property to be graded to a
reasonably attractive condition and the Association shall sell the
Property in accordance with the provisions of Article LL.04 hereof. If
the Association does not receive such written directions from all- Owners
and First Lienors during such one rnonth period, the Association shallpronptly cause such Building to be repaired and restored in accordancewith the provisions of Article Ll .02 hereof.
lL.04: Sale of Propertv. If the Association is required to sellthe land which constitutes the Property pursuant to the provision ofArticle l-L.03 hereof, the Association (as attorney-in-fact for the
Oltners) shal1 execute and record in the real estate records of Eagle
County, Colorado, a notice of such facts, and thereafter shall sell the
Property free and clear of the provisions of the Declaration. -In the
event of such sale, the proceeds of insurance and the proceeds of suchsale, to the extent paid over to the Association, shall be applied firstto the payrnent of expenses of the Association incurred to make safe and
raze the Building, to grade such land and to conduct such sale. The net
amount of such proceeds shall then be apirortioned by tlre Association
anong the Owners based upon the relative insured values of the
Condominium Units as determined from the schedule of insured values
attached to the policy of property danage insurance described in Article
8.03(a) (i) hereofi or, if such-poLicy does not contain such insuredvalues, such proceeds shall be apportioned among the Owners in
accordance with their Sharing Ratios. The net amount of such proceedsso apportioned shall be held by the Association on account for the
Owners in a separate account for each Condorninium'Unit to be applied(without contribution fron one account to another) by the Associationfor the following purposes in the order .indicated: (i) for payment oftaxes and special assessment liens in favor of any assessing entity;(ii) for payment of the balance of the indebtedness secured by the lienof a First Lienor; (iii) for payment of unpaid assessments, charges andother amounts due the Associationi (iv) for payment of junior liens and
encumbrances in the order of and to the extent of their priority and (v)the balance remaining, if any, shall be paid to the Owners.
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Ll.05: First Lienors. Pronptly after the occurrence of any fireor other casualty which causes damage to the Building or any other
improvements included within the Common Elements which, in either case,the Association estimates will cost $L0,o0o or more to repair, the
Association shall deliver written notice thereof to aLl First Lienors.
The delivery of such written notice shall not be construed as inposing
any liability whatever on any First Lienor tb pay all or any part of thecosts of repair or restoration. Further, the provisions of Article
L1.04 hereof shall not be construed as lirniting in any way the right of
a First Lienor (in case the proceeds allocated under Article Ll.04 shall
be insufficient to pay the indebtedness held by such First Lienor) toassert and enforce the personal liability for such deficiency of theperson or persons responsible for payment of such indebtedness.
ARTICLE ].2
RESTORATION AND TERI{INATTON OF 44 WILIOW PI,ACE
12.0L: Restoration. If at any tirne the Owners entitled to voteat least 80 percent of the votes of the Association and all First
Lienors shall agree that all Condoninium Units have become obsolete andshall approve a plan for their renovation or restoration, theAssociation (as attorney-in-fact for the Owners) shall promptly cause
such renovation or restoration to be.made according to such plan. A11
Owners shall be bound by the terms of such plan and the costs of the
work shall be a conmon Expense.
L2.O2: Ternination. If at any tine an agreement to termi-nate 44
Wi1low Place is obtained frorn owners entitled to vote at least 80percent of the votes of the Association and atl First Lienors in
accordance with the provisions of Section 38-33.3-21-8 of the Act, theAssociation (as attorney-in-fact for the owners) shall prourptly
undertake the action required of the Association under the provisions of
Section 38-33.3-2LA of the Act.
ARTICLE ].3.
CONPEMNATION
L3.0l-: Entire Taking. Subject to the terms of any first deed oftrust, if the entire Property sha1l be taken under any statute, by rightof eminent domain, or by purchase in lieu thereof, or if any part of the
Property shall be so taken and the part remaining shall not permit the
continuance of any of the uses of the Property prior to such taking, theAssociation (as attorney-in-fact for the OvJners) shall collect the award
nade in such taking and shall selI the part of the Property remainingafter the taking, if any, free and clear of the provisions of thisDeclaration which shalL wholly terminate and expire upon the recordingof a notice by the Association setting forth all of such facts. The
award and the proceeds of such sale, if . any, shall be collected,
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apportioned and applied by the Association in the manner provided in
Article Ll.04 hereof.
1 3. 02:Partial Taking. Subject to the terrns of any FirstLienor, if a taking occurs other than a taking specified in Article
L3.01 hereof and within one nonth after the date of such taking the
Owners entitled to vote at least 80 percent of the votes of the
Association and all First Lienors agree to restore the portion of the
Property not so taken, then the Association (as attorney-in-fact for the
Owners) shall collect the award made in such taking and shall pronptly
cause the portion of the Property not so taken to be restored as nearly
as possible to its conditions prior to the taking, applying such awardto that purpose. In the event. of such restoration, the difference
between the award made in such taking and the costs of such restorationshall be a Comrnon Expense. In the event of such restoration any part ofthe award not required for such restoration shall be apportioned amongthe Owners on the same basis as insurance proceeds and sales proceeds
are apportioned among the Osrners pursuant to Article 1L.04 hereof. fnthe event of a partial taking and in further event such restoration isnot required as set forth in the first sentence of this Artic1e, the
Association (as attorney-in-fact for the Owners) shall collect the award
made and apply such award in the same manner as net insurance and sales
proceeds are distributed pursuant to Article LL.04 hereof. In the eventof a partial taking of any Condominium Unit, the Sharing Ratios of all
Condoniniun Units shall be adjusted by the Association on any reasonablebasis and in accordance with the provisions of Section 38-33.3-107 ofthe Act.
L4 . oL:
ARTTCLE 14
MORTGAGEE PROTECTTON
fntroduction. This Article establishes certain standards
and covenants which are for the benefit of the holders, insurers andguarantors of certain Security Interests. This Article is supplenentalto, not a substitution for, any other provisions of the Documents, butin the case of conflict, this Article shall control .
L4.Ozi Percentaqe of Eliqible Mortcraqees. Wherever in this
Declaration the approval or consent of a specified percentage ofEligib1e Mortgagees is required, it shall mean the approval or consentof Eligible Mortgagees holding Security tnterests in Units which in the
aggregate have allocated to them that specified percentage of votes as
compared to the total votes allocated to alL Units in the Association
then subject to Security Interests held by all Eligible Mortgagees.
14.03: Notice of Actions. The Association shall give prornptwritten notice to each Eligible Mortgagee and Eligible Insurer of:
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(a) Any condemnation Loss or any casualty loss which affects a
material portion of the common fnterest Cornmunity or any Unit in which
there is a first Security fnterest held, insured or guaranteed by thatEligible Mortgagee or Eligible Insurer, as applicable;
(b) Any delinquency in ttre payment of Common Expense assessments
owed by a Unit owner which remains uncured for a period of one hundred
and twenty (1.20) days and whose Unit is subject to a first SecurityInterest held, insured or guaranteed by that Eligible Mortgagee or
Eligible Insurer, as applicable;
(c) Any lapse, cancellation or rnaterial modification of any
insurance policy or fidelity bond maintained by the Association;
(d) Any proposed action which would require the consent of aspecified percentage of EJ.igible Mortgagees as specified in Articte
L4.O2 of the Declarationi and
(e) Any judgnent rendered against the Association.
14.04: Consent and Notice Required.
(a) Document Changes. Notwithstanding any requirement permitted
by this Declaration or the Act,'no arnendment of any material provisionof the Documents by the Association or Unit Owners described in thisArticle may be effective without notice to all Eligible Mortgagees and
EligibJ-e Insurers, as required by Article L4.03 above, without the voteof the Unit Owners and eligible mortgagees as set forth in Articl-e 15.04below. The foregoing approval requirements do not apply to amendmentseffected by the exercise of any Development Right. An amendrnenteffecting a change to any of the following would be considered rnaterial:
(i) Voting rights;
(ii) Assessments, assessment liens or priority of assessmentIiens;
(iii) Reserves for maintenancer. repair and replacernent of
Conmon Elements;
(iv) Responsibility for maintenance and repairs;
(v) Reallocation of interests in the common Elenents orLinited common Elernents, except that when Linited Conrnon Elenents
are reallocated by agreenent between Unit Owners, onJ.y those Unit
owners and only the Eligible Mortgagees holding Security Interestsin those Units need approve the action;
(vi) Redefinitions of boundaries of Units, except that when
boundaries of only adjoining Units are involved, then only those
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Unit Owners and the Eligible Mortgagees holding Security Interests
in the Unit or Units need approve the action;
(vii) Convertability of Units into Comnon Elements or Common
Elements into Units;
(viii) Expansion or contraction of the common Interest
Cornnunity, or the addition, annexation or wittrdrawal of property toor from the Connron Interest Comnunity;
(ix) Insurance or fidelity bonds;
(x) Imposition of any restrictions on Unit owners' right tosell or transfer their Units;
(xi) Restoration or repair of the project after hazard damageor partial condemnation in a manner other than that specified inthe Documents.
(xii) Termination of the Comnon Interest Cornmunity after
occurrence of substantial destruction or condemnationi and
(xiii) Any provision that expressly benefits mortgage holders'
insurers or guarantors
(b) Actions. Notwithstanding any lower requirement permitted bythis Declaration or the Act, the Association may not take any of thefollowing actions, other than rights reserved to the Declarant as
Special Declarant Rights, without notice to all EIigible Mortgagees and
EJ-igible Insurers, as reguired by Articl.e L4.03 above, and approval ofat least 5L percent (or the indicated percentage,' if higher) of the
E1igible Mortgagees:
(i) convey or encumber the common Elements or any portion ofthe Common Elements, for which a 5l- percent Eligible Mortgagee
approval is required. (The granting of easements for utilities orother cable devices, or for other purposes consistent with the
intended use of the conmon Elements by the common Interest
Cornnunity will not be deemed a transfer within the meaning of this
clause) .
(ii) The tennination of the common Interest Cornmunity for
reasons other than substantial destruction or condemnation, for
which 57 percent of the Votes of Eligible Mortgagees is required.
(iii) The granting of any easements, leases, licenses or
concessions through or over the Common Elements (excluding,
however, any easements for or other cable devices, utilitiesserving or to serve the Common fnterest Comnunity and also
excluding any leases, licenses or concessions lasting for no nore
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562497 B-666 P-474 oF 40
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than one year).
(iv) The restoration or repair of the Property after hazard
damage or a partial condemnation in a rnanner other than specifiedin the Documents
(v) The nerger of the common Interest Cornmunity with any
other conunon interest comnunity.
(vi) The assignnent of the future income of the Association,
including its right to receive Common Expense Assessrnents.
(vii) Any action taken not to repair or replace the Property in' the event of substantial destruction of any part of a Unit or the
conmon Elements.
(c) The failure of an Eligible Mortgagee or Insurer to respondwithin 30 days to any written request for approval of an addition or
amendment to the Document wherever Eligible Mortgagee or Insurer
approval is required, when such request is delivered by certified or
registered rnail , return receipt requested, shall constitute an inplied
approval of the addition or amendnent.
14.05: Inspection of Books. The Association must maintain
current copies of the Declaration, Bylaws, Rules, books, records andfinancial statements. The Association shall perrnit any Eligible
Mortgagee or Eligible Insurer, or other first mortgagee of Units, to
inspect the books and records of the Association during normal business
hours.
14.06: Financial Statements. The Associatibn shall provide any
Eligible Mortgagee or Eligible Insurer who submits a written requestwith a copy of an annual financial statement. It shall be provided
wittrin 9o days following the end of each fiscal year of the Association.
L4.o7: Enforcement. The provisions of this Article are for thebenefit of Eligible Mortgagees and Eligible fnsurers and their
successors and may be enforced by any of then by any available means, at
law or in equity.
14.08: Attendance at Meetinqs. Any representative of anEIigible Mortgagee or Eligible Insurer may attend and address any
meeting which a Unit owner may attend.
ARTICLE ].5
MISCELI,ANEqUS PROVISIONS
L5.0L: Enforcement. The Declaration shall be enforceable by the
Associationi provided, however, if the Association shall fail to
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undertake any action to enforce the Declaration within 30 days after theAssociation's receipt of a written reguest frorn an Owner to enforce theDeclaration, such Owner shall be entitled to enforce the Declaration.In enforcing the Declaration, the Association or an Owner entitled toenfotce the Declaration in accordance with the provisions of thepreceding sentence (as the case may be), shall be entitled to utilize
any of the remedies set forth in this Declaration or shal} be entitledto any other remedy at law or in equity including, without limitation,an action seeking a prohibitive or mandatory injunction or damages orboth. In any action for the enforcement of the Declaration, the partyor parties against which or whorn enforcement is sought shall pay the
reasonable attorneys' fees and costs (including, without linitation, the
reasonabl.e attorneys' fees and costs of any appeal) incurred by the
Association in an arnount deterni4ed by the Court if the Association isthe prevailing party in such action. The issuance of a building pernitor certificate of occupancy which may be in contravention of theDeclaration shall not prevent enforcernent of the Declaration. All costsincurred by the Association in the enforcement of the Declaration shallbe a Common Expense.
L5.o2: Arbitration. In the event a dispute of any kind ornature arises under this Condoninium Decl-aration or matters related tothis Condorninium Declaration, the parties shall negotiate in good faithin an .effort to resolve the dispute. If the dispute is not resolvedfollowing good faith negotiations, the parties shall select a rnutuallyagreeable arbitrator and subrnit the dispute to such arbitrator forbinding arbitiation in Vail, Colorado within forty-five (45) days underthe Conmercial Arbitration Rules of the American ArbitrationAssociation. In tbe event the parties are unable to agree upon thearbitrator, the arbitrator shal] be appointed in accordance with therules and procedures of the Anerican Arbitration Association then ineffect. Arbitration of any dispute under this Condoniniun Declarationshall proceed even though there may be related disputes involving thirdparties which cannot be arbitrated. The arbitration award may beenforced in any court of cornpetent jurisdiction, with the cost oi anyarbitration proceedings to be paid by the non-prevailing party, as
determined by the arbitrator, who shall also alrard reasonable attorney,s
fees to the prevailing party.
15.03: Durat,ion. The Declaration shall continue and remain infull force and effect, as the same may be arnended from time to tirne in
accordance with the provisions of Article L5.04 hereof, until January l,2LL5. Every l-0 years after January l-, 2LL5, the Declaration shaLL beautomatically renewed for a period of 10 years unless the Declaration isterninated in accordance with the provisions of this Article. TheDeclaration may be terminated at any tine by the recording of aninstrurnent directing termination pursuant to Article 12.O2 above.
1.5.04: Amendment. Declarant and the Association shall beentitled to amend the Decl.aration in those circumstances set forth in
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Section 38-33.3-2L7 of the Act. Except for the foregoing amendments and
except for amendments specified in Section 38-33 .3-2L7 (4') of the Act,the Declaration may be amended or repealed only by the recording of awritten instrument or instruments specifying the amendment or the repeal
signed by the Owners who or which are entitled to vote at least 67e" of
the total votes of the Association and 674 of First Lienors. Amendments
specified in Section 38-33.3-2L7(4) of the Act and to Article 7.oL(b)
and (c) andArticle L5.04 of the Declaration shalt require the unanirnous
consent of all Owners and aII First Lienors. In addition, amendmentaffecting a change to any of the items set forth in Article 14.04(a)(i)
through (xiii) inclusive shall require the unanimous consent of allowners. Any action set forth in Articfe L4.04(b)(i) through (vii)
inclusive shall also require the unaninous consent of all owners.
15.05: Covenants Runninq with the Land. Each provision of the
Declaration, and any agreement, promise, covenant and undertaking to
comply with each provision of the Declaration shall be deemed a covenant
running with the land as a burden with and upon the title to each parcel
of real property within 44 Willow Place for the benefit of any otherreal property within the 44 Willow Place.
15.06: Linited Liabilitv. A director or an officer of the
Association shall not be liable for actions taken or ornissions nade in
the perforrnance of his or her duties except for wanton and willful acts
and except for acts specified in Section 7-24-LLL of Colorado Revj.sedStatutes. Neither Declarant nor any officer, director, agent or
ernployee of Declarant sha1l be liable to any party for any action or for
any failure to act with respect to any matter arising in connection withthis Declaration if the action taken or .faiLure to act was in good faith
and without malice.
L5.07: Successors and Assiqns. Except as otherwise provided
herein, the Declaration shall be binding upon and shall inure to thebenefit of Declarant and each owner and their respective heirs,
devisees, personal representatives, successors and assigns. Declarant
and each Owner shatl be fully discharged and relieved of liability with
respect to the obJ.igations of such party under this Declaration upon
ceasing to own an interest in a Condominiun Unit and upon the paynent ofall sums and the perfornance of all other obligations of such party
under this Declaration up to the time such party ceased to own aninterest in a Condominium Unit.
L5.08: Notices to owners and Association. Each owner shaLlregister such Owner's mailing address and telephone nurnber with theAssociation, and except for statements of assessments, notices of
Association meetings, other routing notices and notices which rnay besent in another manner in accordance with the provisions of theDeclaration, all notices or demands j-ntended to be served upon an Ownershall be sent by either registered or certified mail, or by overnightcourier service, postage prepaid, addressed in the name of the Owner at
36
8-666 P-474 05/03/95 04:29P PG 36 oF 40
n
A
562497
such registered rnailing address. AII notices shalL be deerned to have
been given when mailed, except notices of change of address which shall
be deemed to have been given when received. If an Owner fails to
register such Owner's mailing address with the Association, such Owner's
rnailing address shall be deerned to be the address of such Owner's
Condoninium Unit. All notices, denands or other notices intended to be
served upon the Association shall be sent certified mail, postage
prepaid, to the address of the Association as designated in the Bylaws.
15.09: Severabilitv. lnvalidity or unenforceability of any
provision of this Declaration in whole or in part shall not affect the
validity or enforceability of any other provision or any valid and
enforceable part of a provision of this Declaration.
1-5.10: Captions. The captions and headings in this Declaration
are for convenience only and shall not be considered in construing any
provisions of this Declaration.
15.11: Construction. When necessary for proper construction,
the nasculine of any word used in this Declaration shall include tbe
ferninine or neutered gender, and the singular the plural and vice versa.
L5.L2: No Waiver: Failure to enforce any provisions of this
Declaration shall not operate as a waiver of such provision or of any
other provision of this Declaration.
L5.L3: coverninq Law. This Declaration shall be governed by and
construed under Colorado law.
l-5.L4: Colorado Cornmon Interest Ownership Act. The provisions
of the Colorado Common fnterest ownership Act may not be waived or
altered by agreement of the Unit Owners unless expressly permitted by
this DecLaration,
l-5.L5: Indemnification. The Association shall indennify every
officer and director against any and all expenses, including counsel
fees, reasonably incurred by or inposed upon any officer or director i.n
connection with any action, suit, or other proceedings (inc).uding
settlement of any suit or proceeding, if approved by the then Executive
Board) to which he or she nay be a party by reason of being or having
been an officer or director. The officers and directors shall not be
liable for any rnistake of judgrnent, negligent or otherwise, except for
their own individual willful misfeasance, malfeasance, rnisconduct, or
bad faith. The officers and direotors shall have no personal liability
with respect to any contract or other commitrnent made by thern, in good
faith, on behalf of the Association (except for any liability that such
officers or directors may incur by also being members of the
Association), and the Association shall indemnify and forever hold each
such officer and direct free and harmless against any and all liability
to others on account of any such contract or cornmitment. Any right to
37
562497 8-666 P-474 05/03/95 04:29P PG 3? oF 40
indennification provided for herein shall not be exclusive of any otherrights to which any officer or director, or former officer or director,
rnay be entitted. The Association shall, as a conmon expense, maintain
adequate general liability and officers' and directors' liability
insurance to fund this obligation, if such insurance is reasonably
available.
EXECUTED as of the date first set forth above.
BMS & P,
a Colorado Lirnited PartnershiP
STATE OF COIFRADO
COUNTY OF EAGLE
)) ss.
)
instrunentfft foregoing was acknowledged before rne ttris{ aay
by Jay K. Peterson as General Partner of
Partnership.
of
BMS & P, a Colorado ,t L99 't ,Liroited
Witness my hand and official seal.
My conmissLon expires on:
(seal)
KIM E. GALKO
NOTARY PUBLIC
STATE OF COLORADO
rt. '.,rmrnission Exoires 7{ l-98
562497 B-666 P-47 4 05/03/95 04:29P PG 38 oF 40
q
L
38
EXHTBIT A
(Attached to and forming a par!of
44 Willow Place dated
562497
ndoninium DeclarationJ'P , 199s:)
for
LEGAL DESCRIPTION OF PROPERTY
The ReaI Property situated in the Town of Vail, Bagle County,
Colorado, described as foLlows:
Lot 9, Block 6, Vail Village, First Filing, according to the
recorded plat thereof, County of Eagle, State of Colorado.
8-666 P-474 05/03/95 o4z29p pc 39 oF 40
Vq
39
EXHIBIT B
(Attached to and forrning a part Declaration for
44 l{illow Place dated , LggS
MATTERS TO WHICH TITI,E TO THE PROPERTY IS SUBJECT
1. Taxes and assessments not yet due or payable and special
assessments not yet certified to the Treasurer's office.
2. 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 in Book 48 at
Page 475.
3. Right of way for ditches or canals constructed by the authority of
the United States as reserved in United States Patent recorded July
13, L899t in Book 48 at Page 475.
4. Restrictive covenants, which do not contain a forfeiture or
reverter clause, but onitting restrictions, if any, based on race'
color, religion, or national origin, as contained in Instrument
recorded August L0, 1962, in Book ]-74 at Page L79.
5. Easements, reservations, and restrictions as shown or reserved on
the recorded Plat of Vail Village, F'irst Filing.
6. Utility Easernent as granted to Cornmunity Television Investment,
Inc. in Instrurnent recorded December L7, L968, under Reception No.
LO9773.
7 ' &t":."?""il"tiY" ent recoraea lhof, '1 ' )-ss3 ' in Book
A Draina,ge Easement Agreement recorded
soox bbLl at Page 426.
or maintain a structure on- a public riqht-of-way
-,
leel:--in nook (r(a(n aL Page fi/.
8.
9.
40
8-666 P-474 O5/Og/95 04:29P PG 40 oF 40
, L99J in
A pernit
recorded
Lo.Emplovee Housihq Unit Restrictive1sb5!4 nook h7"(^ 9t Paee !J2,Book 6.bb at Page* 4*h.
Covenants recordedin Book 6t,h at Paqe
NOTE:AII recording references are tothe Office of the Clerk and
Colorado.
the real property records in
Recorder of Eagle County,o
to erect
56249'.|
DEVEIPPER IMPROVEMENT AGREEMENT
THIs AGREEI,IENT, made and entered into this Jr#U"t oe Qro^^',/, ,L995, by and between BMS & P, a Colorado Linited Partfership,
(hereinafter called the rtDeveloperrr), and the BOWN OF VAIL, (hereinafter
called the ilTowntr).
WITNESSETH:
WHERXAS, the Developer as a condition of approval of the Ternporary
Certificate of Occupancy for 44 Willow Place Condoniniuns, Town of VaiJ.,
Eagle County, colorado, wishes to enter into a Developer Inprovement
Agreementt and
wflEREAS, the Developer is obligated--to provide security orcollateral sufficient in the judgmerit of the Toftn to roake reasonableprovisions for completion of clrt-ain irnprovd$ents\,set forth below; and
'r A.
WHEREAS, the Developer wishes to providAlcolLateral to guarantee
perfornance of this agreernent, 'including conirtruction of the above-
referenced irnprovenents by means of the followihg:
IAn irrevocable letter of credit, or cash escrow in the amount of
$32,500.00, whictr shalL provide the security for the following:
a.
II.{PROVEUENT
Landscaping
cosT
$45, ooo.00
cosT x 1.25
$56, 250. Oo
Now THEREFoRE, in consideration of theTollowing mutual covenants
and agreenents, the Developer and the Town agree as follows:
1. The Developer hereby aqtrees, at its sole cost
furnish all eguipnent and naterial necessary to performor before the following dates:
IIiIPROVEMENT
Landscaping
and expenses, to
and conplete, on
pATE OF q9!'TPLETTON
July 1, 1995
The Developer stra1l complete, in a good workmanlike manner, all
improvements for 44 !{illow Place Condorniniums, in accordance with all
plans and specifications for the 44 Willow Place Condoniniuns filed inthe office of the Connunity Development Department, the Toltn of Vail-,
and to do all work incidental thereto according to and in compliancewith the following:
a. AII final plans and specifications submitted prior to or at
the tirne of the Temporary Certificate of Occupancy.
b. All laws of the United States of America, gtate of Colorado,or Town of VaiI and its respective agencies, affected specialdistricts and/or service districts.
c. AII said work sha11 be done under the inspection of, and tothe satisfaction of the Tohm Engineer, the Town BuildingOfficial , or other official fron the Town of Vail , affectedspecial districts or service districts, as their respectiveinterest may appear, and shall not be deemed complete until
approved and accepted as courpleted by the Town of VaiI
Conmunity Development Departnent and Public works Departnent.
2. The estinated cost of said worx. and.-irnprovements is the sum of
$45,OOO.oo. '.,i-, \'rdTo secure and guarantee performance of its\obligations as set forth
herei-n, the Developer agrees to provide sed+rity and collateral asfollows: ' \\
An irrevocable letter of credit fron Vail'Bank in the amount of
$56r250.00 on a form acceptable to the Town Attorney, shall providethe security for the irnprovements set forth above if there is adefault under this Agreement by the Developer.
3. The Developer may at any time substitute the collateraloriginally set forth above for another fonn of collateral acceptable tothe Town to guarantee the faithful- cornpletion of those inprovementsreferred to herein and the perforrnance of the terms of this Agreenent.
Such acceptance by the Town of alternative collateral shal-l be at the
Town's sole discretion.
4. The Town shall not, nor shal1 any officer or employee thereof;
be liable or responsible for any accident, loss.or damage happening oroccurring to the work specified in this ,Agreement prior to theconpletion and acceptance of the same, nor shall the town, nor anyofficer or enployee thereof, be liabte for any persons or propertyinjured Fy reason of the nature of said work, busB aII of saidliabilities shall and are hereby assumed by the Developer.
The Developer hereby agrees to indennify and hold hannless the
Town, and any of its officers, agents and employees against any losses,clairns, darnages, or liabilities to which the Town or any such of itsofficers, agents, or eurployees nay become subject to, insofar as any
such losses, clains, darnages or liabilities (or actions in respectthereof) that arise out of or are based upon any performance by the
Developer hereunderi and the Developer shall reimburse the Town for anyand aII legal or other expenses reasonably incurred by the Town in
^
-
connection etith investigating or defending any suclr loss, claim, damage,
liability or action. This indennity provision shall be in addition to
any other liability which the Developer may have.
5. If the town determines that any of such irnprovernents as
conternplated hereunder are not constructed in compliance wittr the plans
and specifications set forth herein it shall furnish the Developer a
list of specific deficiencies and shall be entitled to continue to
withhold collateral to insure such compliance. If the Town detennines
that the Developer will not construct any or all of the irnprovements in
accordance with aII of the specifications as set forth herein, the Town
may give the Developer written notice and unless such improvements are
cornpleted within a reasonable period of tirne based upon the amount of
work necessary to cornplete the irnprovernents the Town may withdraw and
ernploy from the letter of credit such funds as may be necessary to
complete the unfinished improvements. ..-i\6. The parties hereto urutually agree'.glat this Agreement may be
amended from tine to tirne, provided that such bnendrnents be in writing
and executed by all parties hereto. .i
'\
BMS & P, a iolorado Lirnited
Partnership \
erson r-a General Partner
STATE OF COIFRADO
COI'NTY OF EAGI,E
COT'NTY OF EAGI,E
)) ss.
)
foregoing Developer Improvenent Agreernent lras acknowledged
$is.asqn day of Cf.*Otr't , 1995 byJay K. Peterson as
O&tner of B!,ts e p, fcoforado r-,inited Partnership.
band and official seal.
ion expires on:
STATE OF COTSRADO )) ss.
)
The foregoing Developer Improvement a9r$nent was acknowledged
before ne this
as
day of
and
of the Town of Vail.
I{itness ny hand and official seal.
My conmission expires on:
Notary Public
:
*;/ruot{fVT.nF
;ru;#
+s
VAIL BANK
IRREVOCABLE LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT #172
EXPIRATION DATE: SEPTEMBER 25, 1995
DATE OF ISSUE:
PLACE OF ISSUE:
ACCOUNT PARTY:
BENEFICIARY:
APRTL 25, 1995
VAIL, COLORADO-
BMS&P,ACOLORADO
TOWN OF VAIL
i.'-
t'., '\
'-. { \
r\
LIMITED PARTNERSHIP
\
Vail Bank hereby issues this lrrevocable Letter of Credit in your favor for the amount
of Fifty-six thousand two hundred fifty and no/1Oo ($56,250), which is available by
drafts at sight for payment accompanied by the following document:
1. Written certification signed by an authorized official with the Town of
Vail that the account party has failed to comgly with the terms of a
certain Developer lmprovement Agreement dated April 25, 1995 between
BMS & P, a Colorado Limited Partnership and the Town of Vail.
This letter of credit shall not be transferable and it shall be governed by the laws of the
State of Colorado. This letter of credit may be extended or otherwise renewed with
the consent of the Beneficiary and Vail Bank. €
Vail Bank hereby agrees to honor each draft for payment made in cornpliance with the
terms of this credit if duly presented, together with any documents specified herein,
on or before the expiration date of this letter.
Sincerely,A .Q-0 n
Y)r/>J \edL--"=-
Dan E. Godec
Seni.qr, Vic,e^PrBsid ent^and-VaiI M arkel M anaqerVail Banli tsuildine l0E South Frontase Road West Vail,tolorado 8165? 3031476-46o0 FAX 3031476-2666
2111 North Frontage Road \Uest Vail, Colorado 81657 3031476-75Co FAX 303/476-7505
0015 Benchmark Road Avon, Colorado 81620 3031949-5995 303/949-5881
444 l?th Street f)enver, Colorado 80202 3031293-3333 FAX 303/629-8544
-t' -a
UPPER CRUST IANDSCAPINO
P.O. BOll 163
VAIIT, COITORADO 81658
(303) {76-4550
FAX 476-{650
APrll 3, 1995
R.l. Nelson{{ l{t I I oi{ Pl acc/vai I
TarrttrnDrtod 115l94rL-l
' ''.i q
JoB DE6SBIPTI6T: Irrigatlon systcm. undciOEo-un\'- automtQd ayctcrn
wlth.eop-up hcede-;;;;;t;;1rri watir nJcai'ut all plent mrtertel.
conponcntr f rorn Reinbird, 1!oro, rtp"rii-i -iqi.Ttt"t:r will bc used'
Byaton will nEsd fi t; bl'or' out cv-ery falt with-comDrcstsd air to
Drcvcat freecing.--'rft" firat blow oui ic free of charge' ocncral
contraotor or o*n"i"it--i"Jp"i"tUi" tor slievca .under drlvcway
i[t;;;-bie awaracl-onc wock 6ef orc drivewey I,s inetelled.
co8f: 99,000.00
PAtldENfl P!f,tl3 50t down payment end bqlence upon completlon'
itoE DESCRIPTIOtr: LandcoEPlng. Landeclping -b-id begins eftcr all
backflll and rough-giialni ii conpiitc. - soirlder placcmcnt I'r not
insludcd in cogt.'-- pi-rnt tlees ana ltrrubgto ql11r cvcrgreen trace
sttkcd ac nsedcd. Flnc gradc cod a;a inEtngietl sod. Rlvcr rock
;;;";; ;rfl:;riuri"-it5ng wcsr side or lot as-per plan' Prcpare
parsnnlel gardcn ii1il..a--rn!nurc.tirr"a into th-c roil end lnstall
rtccl cdglngr Plant pcrcnniala, t;;;tui;h'wlth brrk ahlng' If
{.0" dlangtcr Pcrenni.itc are ontuti'itui;r;- e-qual dollar amount of
Z.ZJ" diamstcr pofc rrf!l bc o".i-i"l gffgf covcrese' fll nru
rnatcrlalc tcrtttlz-Jd.-'--Sftl cf..o.d ot eit IendrcaDc tragh.
coSTs 936,800.00
FfntENTPLf,I:50tdownpaymcnt,-25taftcralltroscandlbrubcaroglantod and balancc uPon co4)lctlon'
U.c.L,llagc 2 oE 3
Nelcon/tf il Iow
T,iATERIAt IrI9T
Metcrlal
SDrucett l,
at It
tt ll
Arpontt ll
||It
ScrviccbcrrY
RockePraY/ cotoneastcr
Rcdtrlg dogwood
Dwarf nlnebark
ncatern tandcherry
Al9lne ourrant
Yrllotf flower eurrant
Hanaa ehrub roee
Dwarf artLo willow
BnowbcrrY
Itoonrhino Yrrrovt
Rhy mt ootunbinegno$ ln lununcr
Ehaata dalaY
Lancclcaf coreoPrlr
Duarf blankct flowcr
Swect woodruff,
Cranecbl I IIcllor daYIilY
Coral bcl lsIrlg Bibcrlan
Kobold graY feather
Btuc luPlno
Plnc lcat Dcnstcnon
Rky rnt PcnatemonCrlePiug buttcrf,lY
Blue quecn tarvr.a
ooldmorc scdun
H#"lli: i3iltro,.' ur,,.
8l zc
8ftr0 ft
12 ft
20 Et
3.0" diam
2, 5r' dian
2.0'r dlam
5 gal
5 gal
.5 gal
5 Erl5 cal5 gal
5 cal5 sal5 gal
5 gelI gal
{ .0rr dlam4.0" diam
1 gal
I gal
4.0" dlan
4.0'r diam
1 gal
I gal
{. 0t' dlamI gatI galI gel
4.0" dlanrI 911
{ .0tt dianI grl
4.0t' dlarn
l.0n dlrm
I grl
l- al,'J
l.\
Anount
{
5{
6l{
L7l3{
6
15
7
6
1
4
s
4
3
9
39
1{
13
4
2L
63
102l
14
t2l{
GF7
23,, L4
9{
20
19
{0
5
U.C.[./Page 3 of 3
Itcleon/lllllow
AII ncw materlal ls guarantqcd onc.ycEr onc time trGt replacsrnsnt'
Docg not rDDly tt undcr poor ne-lntlniici condltlonc, rnatcrlal lc
tranrDlantcd or tf guarantqc work ,iil iot pcrtorncd by uDpcr crust
LandsceDlng.
rnonth gcrvicc chlrse rtl l ,be assosscd- 9l-.til.::ll:t 3t Dor rnonth gcrvicc chlrg€ rll t rtB "tEE -5s
renainlns unpald 3dd.rr riJm-ditc l-r-aialcrnclt' ^II ":1!:::tol.l"renainlng unDald 30 alayg trom oafs oE EEcEErrrE..gr '-requircd to retiin--in ettornev . iq i.oJl"o!-^:h:. amount duc'
rllarnrsr. raa rncurred wtll bc petd byi.fhc owJr'r or nanc'Iti.ii"y't-ici rncurred wlll bc pe.id byithc ownsr or
t\
\
!:6GiFor euthorlzcd rlgneturc
I:, \
\t\
i
I
t Landacaglng
\
- - -totnt oF uFIL
niscel lanesug Cash
a4-r2-s3 * - ::t-1'L=-
l::::t:1"":f,+E3EF
? J;.,-ETI *l** t *1* ieii'*=crH'+
cEP Fr I F
*sRB
Flnri:un 1. t'Ende re'f r
Irem Paid
Bt9B6641331BE6
Llhange returned )'
THFbIr{
flmount Paid
16Er. BS
A " ijr:1
vou
'lour cagl-rie r HEIDI
o
3
TOWN OF VAIL
DEPARTNT E.\-T OF COITIT TIIITIf DE\ELOPIUE:\T
/f//l
h1, 3- 3a 7
CHECKS MADE }A}'AXLE TO TO\T5{ OF I'AIL
iti
s:
ACCOU-\-*T^_O.ITEl!':' cosTEA .. ToT^L l
0t 0000 11510 -ZONIN-AN D A DD RE S S I4ATS s5.00
0l 0000 42115 UNIFOI{T{ BUILDING CODE s54.C0
0l 0000 4:115 UNIFORM?LL},IBING CODE s lq o{l
0l 0000.12415 TNIFOR[4 MECHANICAL CODE sl7.0u
0t 0000.11415 W s36.0u
0 t 0000 4.t4 I )NATIONAL ELECTRJCAL CODE sl7.00
0l 0000 41.1r 5
_OTIIERTODEBOOK-
01 000041i18 BLUE PRINTS (]\{YLARS)s7.Otr
0r 0000 42412 xERo,x coPtEs s0.2s
0l 0000 414 i 2 STUDIES
0l 0rt00 42412 TOV FEIrS COli'IPUTER PROGRAN'I s 5.00
0l 0000 42i7 I PENALTY FEES i RE-NSPECTIONS
0l 00004t3J1 PLAN REvll:w RE-CHECK FEE tS40 PF-R IlR.l :i0l 0000 42-1-32 OFF I'OURS INSPECTION FEES
0l 000041411 CONTR CTORS LICINSES FF-]'-S
0l 00rl0.1l4ti SICN,,\PPLICATION FEE s20.00
0t 0000 ll-ll3 ADDITION,\L SIGNAGI: FEF. tSl.00 PER SQ.F l-.j
0t 0000j-l+VTC i\RT PROJI-CT DON,\TION
0t 0000 4ljj PRE P,\ID DESIGN RL.\/IF-W BO,\RD I-EE lAA
0l t)00(I-:r57 I INVESTIGATION F Eli (tsUlLDINC
3 I 000t) rt5 I t{J TOV PAtu(I..'*G FUn"D
0l 0000 22027 TOv NE\\'SPAPF-R DISPENSER FU,T*D
* 0l 0000 2ll t2 T.\X,\BLE (4) .1% (ST.\TE)
* 0 I 0000 .11 010 T,L\,,\BLE @ 4% (TO\\'\)
0l 0t)00 .12-i 7 I zu I LDI \I I NVESTIG,\TI ON
(J I llt-_K L_l
I
l
::t 0 I 0000 .1 I -r _r0 EXTF:RIOR ALTERATION ILESS TII,\N IOO SQ.FT,I s200.00
H -TT!o-00fTll0-EXTERIOR ALTERA,TION TMORE TIIAN IOO SQ.FT.]s500.00
0l 0000 4lji0 SPEERTDEVELOPN,lENT DISTRIET TNEWI s 1.500.00
01 0000 41i30 SPECIAL DEVELOPN,IENT DISTRICT I\4NJOR NN{END s l.00tl.lJO l=:
0l 0000 41330 SPEEIAL DEVELOPI\4ENT DI STRICT [MINOR AMEND]s200.00 -
0l 0000 413i0 SUBDIVISION
:d0l 0000 41330 VAzuANCE s250.lJU
01 0000 41i30 ZONING CODE AMENDMENTS s250.00
0l 0000 413i0 RE - ZONING s200.00
OTHF-R
OTHER
IT0TAL: //U
?
sf
*nu", y'4il?
a
=?. ilrlFr-
NONPROFIT ARTICLES OF INCORPORATION
44 WIIJIOW PIACE ASSOCIATION(A NONPROFTT CORPORATTON)
I, the undersigned natural person of the age of twenty-one yearsor more, acting as incorporator of a corporation under the ColoradoNonprofit corporation law for the Corporation:
ARTICLE
#ii,ry$i'q,ffiiP'Name
The name of this corporation (rrAssociationrl
Place Association.herein) is 44 Willow
ARTICIJE II
Purpose
The purposes for which the Association is forrned are as follows:
(a) To operate the Connon fnterest Comnunity known as 44 WiIIowP1ace, located in the nunicipality of Vail, Colorado inaccordance with the requirenents for an Association of Unit
Owners charged with the adninistration of Property underthe Colorado Conmon Interest Ownership Act of the Statutesof the State of Colorado as amended, including, withoutlinitations the generality of the foregoing, theperformance of the following acts and services on a not-for-profit basis:
(i) To provide for the operation, administration, use and
maintenance of certain conmon areas and other property
more fully described under the Declaration for 44Willow Place, recorded in the office of the Clerk andRecorder of Eagle County, Colorado, as amended frontine to tine (the rrDeclaration'r).
(ii) The preparation of estimates and budgets of the costsand expenses of rendering such services andperformingt oE contracting or entering into agreementsfor such performance, as provided for in orcontemplated by this subparagraph (ii), and theapportionment of such estinated costs and expenses
amonE and the collectiort thereof fron the Unit OvnerEobligated to assune or bear the sane, and theborrowing of money for the Associationrs purposes,
I
pledging as security the income due from Unit owners
and from others and property of the Association andthe common Elements of the common Interest Cornmunity.
(iii) Enforcing on behalf of said unit owners, such Rules as
may be rnade or pronulgated by the Executive Board with
respect to the safe occupancy, reasonable use and
enjolment of the buildings, structures, and grounds
and facilities of the conmon Interest Conrnunity, andto enforce compliance therewith including the levy of
fines.
(iv) Performingt oE causing to be performed, all such otherand additional services and acts as are usuallyperformed by managers or managing agents of realestate developments, incl.uding without lirnitation,
keeping or causing to be kept, appropriate books andrecords, preparing and filing necessary reports andreturns, and naking or causing to be made audits of
books and accounts.
(b) To retain counsel , auditors, accountants, appraisers andother persons or services that rnay be necessary for orincidental to any of the activities herein described.
(c) To do and perform or cause to be perfonned all- such otheracts and services that may be necessary, suitable orincidental to any of the foregoing purposes and objects tothe fullest extent permitted by law and to acquire, sell,
mortgage, lease or encumber any real or personal propertyfor the purposes aforesaid.
(d)To pronote the health, safety, welfare, and common benefitof the residents of the Corunon Interest Cornrnunity.
(e) To do any and aII acts and things pennitted to be done by,
and to have and to exercise any and all powers, rights andprivileges which are granted to a common fnterest Corununity
Association under the Colorado Uniforn Comrnon Interest
Ownership Act, the Declaration, the Bylaws, and to anonprofit corporation under the laws of the State of
Colorado.
The foregoing statements or purposes shall be construed as a
statement both of purposes and of pouers, and purposes and powers in
each clause shall not be linited or restricted by reference to orinference from the terns or provisions of any other clause, but shall-be broadly construed as independent purposes and povrers, theAssociation shall not, except to an insubstantial degree, engage in
any activities or exercise any powers that are not in furtherance ofthe prirnary purposes of the Association.
The duration of
ARTTCLE III
Duration
the corporation shall be perpetual.
Tbe Association sha1lof stock.
ARTICLE IV
Nonprofit
be a nonprofit corporation, without shares
ARTICLE V
oualification of Menbers, Classes
The authorized nurober and qualifications of nembers of theAssociation, the different classes and membership, if dDy, theproperty, voting and other rights and privileges of members, and theirliability to dues and assessnents and the nethod of collectionthereof, shall be as set forth in the Bylaws and the Declaration.
3O7 |
ARTICLE VI
Corporate Office
initial registered office of the Association shall be SuiteS. Frontage Road l,{est, VaiI, Colorado 81657.
ARTICLE VII
Agent for Service
The initial registered agent of the Association shall be Jay K.
Peterson, whose nailing address is Suite 307, log S. Frontage Road
West, Vail, Colorado 81657.
ARTICLE VIII
Executive Board
The initial Executive Board shal1 consist of three persons, andsaid number may be changed by a duly adopted amendment to Section2.1-(a) of the Bylaws. The names and addresses of the persons whoshall serve as Directors until their successors shall be elected andqualified are as follows:
The
108
Jay K. Peterson
108 S. Frontage Road West, #3O7Vail , Colorado 81657
Ronald J. Byrne
285 Bridge Street
Vall , Colorado 81657
Bernard H. Mendik
530 Madison Avenue
New York, NY 1001-7
ARTICLE IX
Lirnitation on Liabilitv
Subject to the provisions of the Declaration, a director of the
AEsociation shall not be personally liabte to the Assoclation or toits nenbers for monetary damages for breach of fiduciary duty as adirector except as follows. This provision shall not elirninate orllnit the tiability of a director to the Association or to its membersfor nonetary damages for (a) any breach of the director,s duty ofloyalty to the Association or to its membersi (b) actg of onissionsnot in good faith or which involve intentional misconduct or a knowingviolation of the law; (c) acts specified in the Colorado NonprofitCorporation Actt or (d) any transaction from which the directorderived any inFroper personal benefit. If the Colorado NonprofitCorporation Act hereafter is amended to elirninate or linit furtherliabiltty of a director, then a director of the Associati.on, inaddition to the circumstances in which a director Ehall not bepersonally llable as set forth above, shall not be liable to thefullest extent pernitted by the Colorado Nonprofit Corporation Act so
anended. Any repeal or rnodification of this Section by the Board ofDirectors or the menbers of the Association shall not adversely affect
any right or protection of a director of the Association existing atthe tine of such repeal or nodification.
The name and address
Jay K. Peterson
108 S. FrontageSuite 3o7
Vail , CO 81657
ARTICLE X
Incorporator
of the incorporator is as follows:
Road West
ARTICLE XI
Arnendnent
Amendment of these Articles shall reguire the assent of at leastsixty-six and 2/3 percent (66 2/3*) of the Executive Board. TheArticles can be amended without the consent of the First Lienors aslong as such amendment is consistent with the Declaration.
ARTICLE XII
Membership Classes, Riqhts and oual-ifications
The class, rights and qualifications and the manner of electionor appointnent of members are as follows: Any person who holds titleto a Unit in the Conmon Interest Comnunity shall be a nember of theAssociation. There shall. be one nembership for each Unit onned withinthe Conmon Interest Community. Such membership shall be autonaticallytransferred upon the conveyance of such Unit. The vote to which eachnenbership is entitled is the vote assigned to its Unit in theDeclaration of ttre Conuron Interest Cornrnunity. If a Unit is owned by
more than one person, such persons shall agree among themselves how
a vote for such Unit's nenbership is to be cast. Individual co-owners
may cast votes according to Article 7.01(d) of the Declaratl-on. Avote by a co-owner for the entire Unitrs menbership interest shall be
deened to be pursuant to a valid proxy, unless another co-owner of the
same Unit objects at the tirne the vote is cast in which case suchnembership's vote shall not be counted.
The menbers shall be of one class: Unit Orrners who shall own
such Units as defined in the Declaration. These Unit owners shallelect all menbers of the Executive Board, except as specified by theDeclaration.
The Executive Board shatl elect the officers. The Executive
Board members and officers shall take office upon election.
Holders of Security Interests in the Units may have or be grantedcertain rights of approval or disapproval of certain actions of theAssociation or its mernbers.
ARTICLE XIII
DISSOIJUTION
Upon the dissolution of the Association, assets shall bedistributed for one or more exempt purposes within the meaning ofSection 5O1 (c) (3) of the Internal Revenue Code, or the correspondingsection of any future federal tax code, or shall be distributed to the
federal government, or to a state or local government, for a publicpurpose. Any such assets not so disposed of shall be disposed of by
a Court of Conpetent Jurisdiction of any county in which the principaloffice of the Association is then located, exclusively for such
purposes or to such organization or organizations, as said Court shalldetermine, which are organized and operated exclusively for such
purposes.
)) ss.
)
hereunto set my hand and seal this
t ees
fN WITNESS WHEREOF, the undersiqned incorporator has hereunto sethis hand and seal |'r.is 4t day of -
Q la I , Ls{*.
U
STATE OF COI.,,ORADO
COUNTY OT EAGLE
I, Nancy L. Estes, a notary public, hereby certify that Jay K.Peterson personally appeared before ne, who being by me first dulysworn, declared that he is the person who signed the foregoing
document as incorporator, and that the statements contained thereinare true.
whe of, I have
, A.D.
n expires May
XG?.Y*.c,,
f-..}ty cornrni='t^,iilil.i
i ESTES .J
*;rrrd
7, 1998
rr'rir.d lOt2.E
I
.t\
a.
t
rSt Date Received by the Community Development
\) n^^-,rh^h,
, "'" S- DePartmcnt, <r-\'<sf APPLTCATTON FOR
*N.- CONDOMINIUM/TOWNHOUSE PLAT REVTEWa .\-- (Chapter 17.22yait MunicipatCode)
S (Please print or type)
A.oN,=.o*
MAILING ADDRESS
PHONE
c.
B.APPLICANT'S HEPRESENTATIVE
PHOPERTY OWNER
ADDBESS JAf (\- ;
OWNER'S SIGNATUR
MAILING ADDRESS
D.LOCATION OF PROPOSAL:
STREET ADDRESS
LoL_g_ BLocK_l(L su Bp tvls toN
APPLTCATTON FEE 9100.
MATERIALS TO BE SUBM
1. Two mvlar conioq rr
eHor're 9? d.,^ l?f?
orur al)6=t?dg _
L) I - FtLtNG_
"rr"*JftyLr^rrru{E.
F.
AIL"
tn India ink,or
lo
with dimension of twenty-fq thirty-six sh
of one hundred feet to inch margins
half to two inches e lelt ch oh all
61'd Accurate di to the 'ofaf ail lines,angles and curves'to tbacks,
alleys, easements, silrgctures,dedicated lorpublic or common use\and other es. All curves shall becircular arcs and shatt b\Oefined by'the , central angle, arc
scored distances and be{ing. All dimen , both linear and angular,
are to be delermined by a\accurate survey in the field which
in ten thousand.must balance and close w n a limilzof one
^14.UI North arrow and graphic
A systematic identification of all existing and proposed buirdings, units,lots, blocks, and names for all streets.
The final plat shall be drawn by
other substantial solution, on a
iltd
,l
I
li/i..| IOI2/C
Date Received by the Community Development
Deparunen!
APPUCANON FOR
CONDOMINIUiIUTOWN}IOUSE PLAT REVIEW
(Chapter 17.22 Vail Municipal Code)
(please print or type)
A. APPLICANT
MAILING ADDRESS
D.
PHON
B. APPLICANT'S REPRESENTATIVE
ADDRESS PHONE
c.PROPERW OWNER
OWNER'S SIGNATURE PHONE
INAILING ADDRESS
LOCATION OF PROPOSAL:
STREET ADDRESS
LOT_ BLOCK_ SUBD|V|S|ON FILING
APPLICATION FEE $1OO.OO PAID CHECK #DATE
MATERIALS TO BE SUBMITTED:
1. Two mylar copies and one paper copy of the subdivision plat shall be submitted
to the Department of Community Development. The plat shall include a site
map with the following requirements:
a. The final plat shall be drawn by a registered surveyor in India ink, or
other substantial solution, on a reproducible medium (preferably mylar)
with dimension of twenty{our by thirty-six inches and shall be at a scale
of one hundred feet to one inch or larger with margins of one and one-
half to two inches on the lett and one-half inch on all other sides.
b. Accurate dimensions to the nearest one-hundredth of a foot for all lines,
angles and curvN used to describe boundaries, streets, setbacks,
alleys, easements, structures, areas to be reserved or dedicated for
public or common uses and other important features. All curves shall be
circular arcs and shall be defined by the radius, central angle, arc
scored distances and bearing. All dimensions, both linear and angular,
are to be determined by an accurate control survey in tre field which
must balance and close within a limit of one in ten thousand.
c. North arrow and graphic scale.
d. A systematic identification of all existing and proposed buildings, units,
lots, blocks, and names tor all streets.
E.
F.
l.
,
tt{
y' e. An fulentification of the streets, alleys, pafts, and other publlc areas or
tacilities as shown on the plat, and a dedication thsreof to the public
use. An idenlification of the easemenb as shown on the plat and a
grant thereof to the public use. Areas reserved for future public
acquisition shall also be shown on the plal.
A written survey description of the area including the total acrsag€ to the
nearest appropriate.significant fQure. The acreage of each lot or parcel
shall be shown in this manner as well.
A description of allsurvey monumsnts, both found and sel which mark
the boundaries of the suMivision, and a description of all monuments
used in conducting the survey. Monument perimebr per Colorado
statutes. Two perimeter monuments shall be established as major
control monuments, the materials which shall be determined by the town
engineer.
A statement by the land surveyor explaining how bearing base was
determined.
A certificate by the regislered land surveyor as outlined in Chapter 17.92
of this title as to the accuracy of the survey and plat, and hat the survey
was performed by him in accordance with Colorado Revised Statutes
1973, Title 38, Article 51.
A certificate by an attomey admitted to practice in the State of Cotorado,
or corporate title insurer, that the owner(s) ol record dedicating to the
public the public right-of-way, areas or facilities as shown thereon are
the owners thereof in fee simple, free and clear of all liens and
encumbrances except as noted.
The proper form for filing of the plat with the Eagle Gounty Clerk and
Recorder.
Certificate ol dedication and ownership. Should the certificate of
dedication and ownership provide for a dedication of land or
improvements to the public, all beneficiaries of deeds of trust and
mortgage holders on said real property will be required to sign the
certificate of dedication and ownership in addition to ths fes simple
owner thereof.
"lf'
ar(
,4
,4.
,2
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4 "t'
All current taxes must be paid prior to the Town's approval of plat. This
includes taxes which have been billed but are not yet due. The
cerlificate of taxes paid must be signed on the plat or a statement trom
the Eagle County Assessor's Ofiice must be provided with the submittal
information stating that alltaxes have been paid.
Signature of owner.
The condominium or townhouse plat shall also include floor plans, elevations
and cross-sections as necessary to accurately determine individual air sDaces
and/or other ownerships and it the project was built substantially the same as
the approved plans.
A copy of lhe condominium documents for staff review to assure that there are
maintenance provisions included for all commonlv owned areas.
APPROVAL PROCESS, REVIEW CRITERIA
Upon receiving two copies of a complete submittal along with payment of he
appropriate fee, the zoning administrator shall route one copy of tha site map to the
torrtn engineer for his review. The zoning administrator shall then conduct this review
concurrently. The town engineer shall review the submittal and relum comments and
G.
H.
notifications to the zoning administrator who shall transmit the approval, disapproval or
approval wih modifications of the plat wihin burben dap to he applicant. The
zoning administrator shall sign the plat if approved or require modifications on the plat
for approval or deny approval due to inconsistsncies with he odginally approved plan
or lailure to make other required modilications of the plat.
FILING AND RECORD]NG
The zoning administrator shall be the final signature required on the plat so that he
Department of Community Development will be responsiue for promptly recording the
approved plat with the Eagle County Cleft and Recoder. Fess lor recoding shall be
paid by ths applicant. The Community Dwelopment Deparlment will retiain one mylar
copy of the plat for their records and will recod the remaining mylar copy.
lf this application requires a ssparate revianr by any local, State or Federal agsncy
oher than the Town of Vail, the application fee shall be increased by $200.00.
Examples of such review, may include, but are not limited to: Colorado D€partment of
Highway Access Permits, Army Corgs of Engineers 4Of, etc.
The applicant shall be responsible for paying any publishlrp fees which are in excsss
of 50"/o of the application fee. lf, at the applicant's requ€st, any mater ls posponed for
hearing, causing the matter to be re-published, thsn he entire fee lor such rs-
publication shall be paid by the appticant.
Applications deemed by the Community Developmsnt Department to harre significant
design, land use or other issues which may have a signiftcant impact on the
community may require revierv by consultants oher than town staff. Should a
determination be made by the town statf that an outside consultrant is needed to review
any application, the Community Development Department may hire an outside
consultiant, it shall estimate the amount of money necessary to pay him or her and this
amount shall be lorwarded to he Town by the applicant at he time he files his
application with the Community Development Dopartment. Upon completion of the
review of the application by the consultant, any of the furds forwaded by the applicant
tor paymsnt of the consultant which have not been pai'd to the consultant shall be
retumed to the applicant. Expenses incurred by the Town in ex@ss of the amount
forwarded by the application shall be paid to the Town by the appticant within o0 days
of notification by the Town.
DEPARTMENT OI STATI
1560 Broadway - Suite 200
Denver, Colorado 80202
VICTORHBUCKTEY, Secretarv ofState
Adminishation 8D4,W
C-orpontions 894.n51
Uniform Commacial Code 8%-2200
Elections 89,4-2ffi
Licmsing & Enforcement 89{-2680
IDD
FAX
89L2,f9wza
Your Articles of Incorporatior\ Articles of Organization, Application for Authority or
Certificate oflimited Partnership have been accepted and filed. The enclosed copy ofyour filed
document, stamped uFiledu and containing the file number and date and time of acceptance is your
evidence ofincorporation, organization or authority to transact business in this state.
As a corporation or limited liability company, you are required to continuously maintain
both a Registered Agent and a Registered Office in Colorado. The sole function of the registered
agent is to personally accept service ofprocess on behalfofyour business and forward the
surnmons, complaint or other documents to the corporation or limited liability company. It is
imperative that the corporation or limited liability company keep the Secretary of State apprised
ofthe current name and address ofthe registered agent. Any change of agent or ofEce requires
the filing of a statement to that effect. Upon notice by the Secretary of State that a corporation is
without a registered agent, a corporation must appoint a registered agent within g14[ days or it
will be administratively dissolved.
Every corporation and limited liability company is required to file a report every other
year. Report forms will be mailed to the corporation or limited liability company in the month in
which the business filed its papers with the Secretary of State. The report is due back to the
Secretary of State at the end of the second calendar month following the month in which the
report was mailed. For corporations incorporated in January, the corporate report is due by the
end ofMarch, etc. Corporations and limited liability companies organizd in even years will
receive the report form in even years. Corporations and limited liability companies formed in odd
numbered years will be required to file in odd numbered years. The report will be mailed to the
registered agent at the registered office shown on the records ofthe Secretary ofState.
Ifyou are in need of any further service, please contact us. Our office hours are from 8:30
a.m. to 5:00 p.m., Monday tfuough Friday. Our telephone number is (303) 894-2251. Our fax
number is (303) 894-2242.
Please accept our best wishes for success in your new venture.
CHECKLIST FOR CONDUCTING BUSINESS IN COLORADO
You have just received widence that your Articles of Incorporation or Articles of Organization have
been accepted by the Secretary of State. You are now duly authorized to start business, right? Well,
not quite. Just because you have incorporated or organized an LLC does not mean that you have
complied with ail of the federd, state and local requirements to do business in Colorado.
The Secretary ofState has prepared this non-inclusive checHist ofadditional agencies to
contact and has included some general issues you should consider as you go forward in estabtshing
your business. Some of the items listed here may not be applicable to your business or to your
particular situation. Ilowever, it is hoped that the list is comprehensive enough to get you thinking
about the vast array of iszues that confront you.
It is our desire that all new businesses succeed. We hope th?t this checklist is of help to you.
GOOD LUCK IN YOURNEW VENTURE!
NEW BUSINESS CHECKLIST
INCORPORATION
-
First meeting of directorVshareholders sltould be held immediately
-
Election of new directorVappointment of officers
-
Adoption ofBylaws
-
Establish a corporate bank account
-
What officers are authorized to sign checks?
-
Tradename - Are you going to do business under a name other than corporate name?
Ifso, contact the Secretary ofState
_ Protect your ideas - Contact the Secretary ofState and the US Patent and Trademark
Office for information on state and federal tradernarks and copynght.
-
Buy-Sell Agreements between shareholders
_ Is this a small corporation? Are you going to apply for S Corporation status? Contact
Internal Revenue Service
_ Securities laws applicability - fue you going to sell stock. See your attorney!
FINAI{CIAI./BUSINES S PLAI{
_ Business plaq budgeq cash flow pro.iectiong working capital needs - Can you cover
payroll, operating expenses, taxes, etc. for a six month period?
-
Books and accounts - contact your accountant
_ Do you understand the tax implications of the entity you are using for your business?
_ Ilave you considered other business entity formats? Ifnot, contact your attorney
-
Obtain your federal tar identification number from the IRS
_ Obtain your state tar( identification number from the Colorado Department of Revenue
_ Do you have all of the federal, state and local tax information and forms?
-
Federal wittrholding
-
Federal unemployment
-
State withholding
-
State Workmen's Compensation
-
State & local sales tax - contact city hall
MARKETING
_ What is your produot?
_ What is your market?
_ Do you have a marketing plan?
_ How are you going to distribute your product?
_ How are you going to advertise?
_ YellowPages
-
Radio/Television, have you thought about cable tv?
_ Business cardVsigrrage
_Networking
-
Telephone lines - Business lines are more orpensive than personal lines
LOCAL REGIJLATORY ENVIRONMENT
-Zonng
- Is the local zoning appropriate for your business use?
_ CitylCounty business licenses - Contact City halVCounty offices
-
Special licenses for certain kinds ofbusiness - contact city hall
-
Will you serve liquor? - Obtain liquor license from city hall
-
Will you serlre food? - Contact locaVstate health department
-
Will you provide public accommodations? - Contact health department
INSIJRA}ICE
-
Uability
_ Fire and Premises
_Auto
_ Glass
_ Business intemrption
_ Crime
-
Officer and Director Liability
_ Products liability
STATE REGTJLATORY ENVIRONMENT
_ Will you be in one of the businesses listed on page 4?
-
Will you serve liquor? - Contact Department of Revenue
-
Will your business be regulated by the Public Utilities Commission?
-
Will you buy or sell wholesale? Contact Department of Revenue?
FEDERAL REGULATORY ENVIRONMENT
-
Mnimum wage laws - Do you know how much you have to pay your unployees?
-
EEO - Anti-discrimination laws may affect your business
-
ADA - Have you complied with the Americans with Disabilities Act?
-
Will your business generate hazardous waste or materials?
-
Will your business generate smoke or air pollution?
-
Will your business discharge industrial waste into the water supply?
-
Does your business involve the sale or use of firearms, explosives or fireworks?
Contact your local fire department or the Bureau of Alcohol, Tobacco and Firearms
_ Does the work environment involve hazardous conditions which could cause injury or
death to employees? Contact OSHA
GENERAL MANAGEMENT
_ Who manages and how?
_ Do you have standard contracts for the sale ofyour products? For the purchase of
materials? If not consult your attorney
_ Hiring employees - Employment Eligibility Verification pursuant to the Immigration
Reform and Control Act of 1986. Contact Immigration and Naturalization Service.
-
Independent contraolors or employees? Contact your attorney regarding the
tor and liability impact of each type of personal service
_ Do you have employment c,ontracts with upper level management employees?
-Noncompete
4greements with key employees who miglrt leave?
-
Life insurance on key employees?
_ Employee fringe benefits - vacatiorg sick leave, military leavg health and disability
programs, automobiles or auto allowances, other perks
-
Retirernent plang
-
Stock options
_ Notary putlic - orery business should have one. Contact Secretary of State
-
Protection of trade/business secrets - nondisclozure ?greements
STATE REGI]LATED BUSINES SES
If your business is one of the following contact the Department of Regulatory Agencies at
the appropriate telephone number.
Accountants 894-7800
Aorpuncture 894-76N
Architects 894-7801
Barber/Cosmetolory 894-7772
Chiropractors 894-7762
halExaminers 894-7758
Electricians 894-2300
EngineersardlrndSurveyors 894-7788
Manuftctured Housing 894-7802
Marriage/Family Therapist 894-7766
Medical Examiners 894-7690
Nursing 89+2430
Nursing Home Administrators 894-7760
optometrists 894-7755
Outfitters 894-7778
Passenger TramwayBoard 894-7785
Pharmacy 894-7750
PhysicalTherapy 894-2440
Plumbers 894-2319
Psdiatrists 894-7690
Professional Counselors
Psychologists
Social Workers
Veterinarian
894-7766
894-7'166
894-7766
894-7755
Insurance Division 894-7499
Red Estate Division 894-2166
Securities Division 894-2320
I$ot i ii,iv
ffiga
FOR REVOCABLE PERMIT TO ERECT OR MAINTAIN
A STRUCTURE ON A PUBLIC RIGHT-OF-WAY
Fence
Wall
Landscaping
Other
(Please type or print)
DATE April 15, 1994
owNER OF PROPERW B,M,S & P Limited, a Colorado Limited partnership
NAME OF APPLIC_ANT 44 willow place AssociaEion
ADDRESS rOs s. rr
LEGAL DESCRIPTION OF PROPERTY TO BE SERVED:
Lor 9 srocx 6 SUBD;V;S;ON Vail Village First Filing
(lf necessary, atlach
Corner lot X
legal description on separate sheet).
Inside lot
DESCRIPTION OF STRUCTURE OR ITEM(S) IN RIGHT-OF-WAY:Landscaping, tlalls, Ljght Posts & Gate! and Heated paved Driveways
Attach plans showing encroachment, property line, sidewalks, curbs, intakes, hydrants,
meters, manholes, any other affected appurtenance in the project area (to scale or
dimensioned) and section(s) as well as elevations (if appticable).
Does structure presenly exist?Etri*1n9 Stllture to be demol ished;
Proposed date ior comirenclmffipri I 18' 1994
all new construction.
In consideration of the issuance of a revocable permit for the structure above indicated,
applicant agrees as follows:
1. That the structure herein adthorized on a revocable permit basis is restricted
exclusively to the land above described.2. That the permit is limited specifically to the type ot structure described in thisapplication. .3. That the applicant shall notify the Town Manager, or his duly authorized agent, twenty-
four hours in advance of the time for commencement of construction, in order that
proper inspection may be made by the Town.4. The applicant agrees to indemnily and hold harmless the Town of Vail, its officers,
employees and agents lrom and against all liability, claims and demands on account of
injury, loss or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with
applicant's activities pursuant to this permit, if such injury, loss, or damage is caused in
whole or in part by, or is claimed to be caused in whole or in part by, the act, omission,
error, professional error, mistake, negligence or other fault of the applicant, his
conlractor or subcontractor or any officer, employee or representative of the applicant,
his contractor or his subcontractor. The applicant agrees to investigate, handle
respond to, and to provide defense for and defend against, any such liability, claims, or
demands at the sole expense of the applicant. The applicant also agrees to bear all
olher expenses relating thereto, including court costs and attorney's fees, whether or
not any such liability, claims, or demands alleged are groundless, false, or fraudulent.
The applicant agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to ensure against all liability claims, demands and other obligations
assumed by the applicant pursuant to this Paragraph 4. The applicant lurther agrees
to release the Town of Vail, its officers, agents and employees from any and all
liability, claims, demands, or actions or causes of actions whatsoever arising out of any
Oamage, loss or injury to the applicant or to the applicant's propertyltalsed6tThd-;;: -1i i"i f",
Town of Vail, its officers, agents and employees while engaged in mainlenance or '..'i^s,,n,."t?r.")s,,snow removal activities or any other activities whatsoeveion Town of Vail property , l'r\ '.
/.'/E.4
streets, sidewalks, or rights-of-way. P"l l.'\.\nt
,-----rS.\'\ e
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5.
to
That the permit may be revoked whenever it is determined that the encroachment,
obstruction, or other structure constitutes a nuisance, destroys or impairs the use of
the right-of-way by the public, constitutes a traffic hazard, or the prcperty upon which
the encroachment, obstruction, or struclure exists is required for use by the public; or it
may be revoked at any time for any reason deemed suflicient by the Town of Vail.
That the applicant will remove, at his expense, the encroachment, obstruction, or
structure within ten days after receiving notice of any revocalion ol said permit.
That the applicant agrees to maintain any landscaping associated with the
encroachment on the right-of-way.
That in the event said removal of the encroachment, obstruction, or structure is not
accomplished within ten days, the Town is hereby authorized to remove same and
have the right to make an assessment against the property and collect the costs or
removal in the same manner as general taxes are collected.
That the applicant has read and understands all of the terms and conditions set forth in
this application.
Special conditions:
6.
7.
8.
9.
10.
B.M.S. & P, LimiEed, a Colorado Limited Partnership
| '( llLl
Date
t ls/tt6ffi
Applicant: 44 Place As soc iat. ion
APPROVED:
Wi 11ow
, slslq,
ffi
I,rl*l $* t4t^ 4
a-u u, -r<-{eA J o, ***r.S
,). ,L J5 Erd {-,r 'r
i}.- .G /-
K(
s Irt'] 1r
STATE OF COI'RADO
COUNTY OF EAGLE
K. Pe
Partne
STATE OF COISRADO
COUNTY OF EAGLE
K.Profit
ss.
rn to before mePartner of
this 3rd day
B.M.S. & P.,
of !tay, 1995 by ilay
a Colorado Lirnited
)
)
)
ss.
and official seal .
ires on: 5/7/9
to before rne this 3rd day of
of l{illow Place Association,
l,[ay, 1995 by Jay
a Colorado Non-
and official seal .
expires on: 5/7
STATE OF COIPRADO
COI'NTY OF EAGI.,E
ss.
Subscribed and srrorn to before ne this day of May, 1995 by
#";:ii ""*liffT"Fffidc
l{itness ny hand and official seal.
l.ly Conmission expires on:
Notary Public
iatioril'Y.d
[nnuev uiflr..- ESTES -.1
Q;.;:#
l'
PROPERTY DESCRIPTIEN
Thot pont of l+ttttow Rood Rtght-0f-l/oy, Block 6, VqtI Vlttoge,Flrst Fttlng, occondtng to the nop thereof reconded In the offlceof the Eogte County, Cotorodo, Ctenk ond Reconder, descrlbed os
fo [ (ows r
Beglnnlng of the northeostenty conner oF Lot 9, Block 6, VotI
Vt Itoge, Ftrst Fttlng, occordtng to the nop thereoF recorded In
the offlce of the Eogle County, Cotorqdo, Cterk'ond Recorder,
thence the fo(towlng two courses otong the northerty ond westenty
tlnes oF sold Lot 9r l)586'35'00'!/ (S85'03,5'1, ptot) 143,94feett ?) ?8,57 feet olong the onc of o non-tongent curve to theteft, hovtng o rodtus of ?0.00 €eet, o centnol ongte oF
8l'51 '04', ond o chond thot beors S30'a0'55'W e6.20 feetl
thence, deportlng so,td westerty Itne, 31,48 feet otong the qnc of
o non-tongent curve to the rtght, hovtng o rodtus o€ 17,00 feet,
o centnol ongte of 106'06'23', ond o chord thot beqrs
N0l'5e'44'E ?7,17 feett thence ?1.?7 feet otong the orc oF o
curve to the nlght, hovtng.o rodtus of 38.50 Feet, q centnoI
ongte of 3l'39'05', qnd o chord thot beors N70'45'e8'E al .00feetl thence N86'35'00'E 135.79 feetl thence S03'e5'00'E
11,00 feet to the Polnt Uf'Begtnntng, contotntng 1858 squqnefeet, none or less
t./
D o+ e t - -?/?!/-r-t_ _ _ _ _
Cotorqdo P,L,S, e6598
EASEMENT
O.f25'0Cf E - il.OO
P.O.B.
LOT 8
POINT OF
EEGINNING
l-31'39'05i
R-JE,50 wrLLOw ROAD (40' R'o'w')
iir- N 9i!9-E-: 1E7e ---+
t-1oeo6'2f,r /R-17.00 )L-Sl.rt8 |r-22.6o ILC-27.17
CB-N 0l'52',f+' E \
ffififrc e - 143'e4
l= 81'51'0d
R= 20.00
L= 28.57T= 17.34
LC= 26.2O
CB= S 30P20'55
b4r, \
., eo4o
' Representing Title Insurance Company of Minnesota
THANK YOU FOR YOUR ORDER
August 17, L992
Our Order No.: V19361
BLYER/OI{NER:
FREDERICK H. LARSON, DOROTHY H. I,ARSON, I,AWRENCEK. LARSON, FREDERICK A. LARSON AND LANCEV. LARSON
SELLER:
ADDRESS:
./JAY K. PETERSoN
#305 VAIL NATIONAL BANK BUILDING
108 S. FRONTAGE RD.
VAIL, CO 8L657
1 Attn: 303 476-0092
PICKED UP FOR DELIVERY AM PM
COVENANTS ATTACHED YES NO
FOR TITLE QUESTIONS CALL KAREN FLETCHER 3O3 476-225L
FOR CLOSTNG QUESTTONS CAr_,L
MINNESOTA
TrTrF l\
HOME OFFICE
3033 East First Ave..Suite 600
Denver, CO 80206
P. O. Box 544O
Denven CO 80217
321-1880 I FAx 322-7@1
ARAPAHOE
7700 E. Arapahoe Rd., #150
Englewood, CO 80112
770-9s96 / FAX 290-9040
ARVADA
5440 Ward Road, #200
Arvada, CO 80@2
420-0241 / FAX 423-1355
DRY CREEK
26 W. Dry Creek Circle, #520
Littleton, CO 80120
794-5307 / FAX 794-s802
EAST
3300 S. Parker Rd., #105
Aurora, CO 80014
751-4136 / FAX 745-2669
FIDDTERS GREEN
6400 5. Fiddlers Green Circle, #103
Englewood, CO 801 11
771-4539|FAX 771-4526
GLENWOOD SPRINGS
817 Colorado Avenue, Suite 203
P. O. Box 2102
Glenwood Springs, CO 81602
945-2610 I FAX 945-4784
HAMPDEN
8821 E. Hampden, #100
Denver, CO 80231
7504223 I FAX 7504267
JEFFERSON
710 Kipling, #202
Lakewood, CO 80215
232-3111 / FAX 238-2956
NORTH
9101 Harlan, #100
westminster. co 80030
427-9353/FAX 430-1572
SOUTHWEST
3609 S. Wadsworth. #1 1 5
Lakewood, CO 80235
988-8550 / FAX 980-8324
YOSEMITE
3600 S. Yosemite. #255
Denver, CO 80237
694-2A37 lFAX843-O402
BOULDER
2425 Canyon Blvd., #230
Boulder, CO 80301
4"44-4101 I FAX 786-8423
Gommitment To lnsure
lssued throuoh the 2ffire of:
LA]ID TITLE
GTARANTEE
COfvfiANY
P. O. Box 357
108 S. Frontage Rd. W
Vail, CO 81658
476-2251 I Dire<l 595-961 3
FAX 476-4534
BRECKENRIDGE
P. O. Box 2280
200 North Ridge
Breckenridge, CO 80424
453-2255 / FAX 453-6014
CASTLE ROCK
512 Wilcox
Castle Rock, CO 80104
688-6363 / FAX 688-0143
COLORADO SPRINGS
102 5. Tejon, #1 00
Colorado Springs, CO 80903
6344821 /Direct 595-41 1 3
FAX 534-3190
PARXER
19590 E. Main 51.. #105
Parker. CO 80134
841-4900
VAIL
P O. Box 357
108 S. Frontage Rd. W.
Vail, CO 81658
47 6-2251 |Direct 595-96 I 3
FAJ,476-4534
AGENTS
DURANGO
'1201 Maan Avenue
Durango, CO 81303
247-5460 I FAX 247-9089
L TD T|T|.Eq.JARANIEE
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VIOS]NNIW
ALrtcoMMrrMENr O
SCHEDULE A
our order No. V19361
For Information Only
- charges -AIta Lender Policy $155.00
sl?3: 33
****I{ITH IOUR REMITTANCE PLEASE REFER TO OUR ORDER NO. V19361.****
1. Effective Date: August 05, 1992 at 8:00 A.U.
2. Policy to be issued, and proposed Insured:
nALTAx Loan Policy
1987 Revision (Arnended L990)
Proposed Insured:
TO BE DETERI.IINED
3. The estate or interest in the land described or referred to inthis Connitnent and covered herein is:
A Fee Sirnple
4. Title to the estate or interest covered herein is at the
effective date hereof vested in:
FREDERICK H. LARSON, DOROTHY H. LARSON, LAWRENCE K. LARSON,
FREDERICK A. LARSON AND LANCE V. I,ARSON
5. The land referred to in this Conmitrnent is described as
follows:
LOT 9, BLOCK 6, VArL VILIJAGE, FrRST FrLrNG, ACCORDTNG TO THE
RECORDED PLAT THEREOF, COT'NTY OF EAGLE, STATE OF COLORADO.
PAGE 1
" ALr? "oMMrrMENr
CHEDULE B-1
(Reguirernents) Our Order No. V19361
The followi-ng are the requirernents to be complied with:
1. Payrnent to or for the account of the grantors or mortgagors ofthe full consideration for the estate or interest to be
insured.
2. Proper instrunent(s) creating the estate or interest to be
insured must be executed and duly filed for record, to-wit:
3. DEED OF TRUST FROI4 FREDERICK H. LARSON, DOROTHY H. LARSON, I"AIIRENCE
K. I,ARSON, FREDERICK A. LARSON AND LANCE V. LARSON TO THE PUBLIC TRUSTEE OF
EAGI,E COUNTY FOR THE USE OF TO BE DETERMINED TO SECURE THE ST'M OF TBD.
IF THERE IS A CHANGE TN OWNERSHIP OF THE PROPERTY TO BE TNSURED HEREIN FROM
THE VESTED OWNER SET FoRTH IN ITEI'{ 4 OF SCHEDULE A HEREIN, THE TERMS'
PROVTSIONS AND CONDITIONS OF THE TOWN OF VAIL TRANSFER TAX MAY BE
APPLICABLE.
NOTE: THE $1-55.00 CHARGE DoES NOT REPRESENT THE ToTAL PREI{IUI,I FOR THE
POLICY AMOUNT SHOWN IN SCHEDULE A. THE $155.00 CHARGE IS DUE UPON RECEIPT
OF THE INVOICE AND WILL BE CREDTTED TOWARDS THE PREMIW CHARGE UPON CTOSING
OF THE TRANSACTION.
THE COI'NTY CLERK AND RECORDERS OFFICE REQUIRES RETT'RN
ADDRESSES ON DOCI]MENTS SENT FOR RECORDING! !
PAGE 2
ALr) "olrr{rrr.{ENr
O
SCHEDULE B-2
(Exceptions) Our Order No. V19361
The policy or policies to be issued will contain exceptions to thefollowing unl.ess the sane are disposed of to the satisfaction ofthe Conpany:
1. Standard Exceptions 1 through 5 printed on the cover sheet.
5. Taxes and assessnents not yet due or payable and special
assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessnents against said land.
8. Liens for unpaid water and sewer charges, if any.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND RE!,TOVE HIS ORE
THEREFROU SUOULD THE SAI{E BE FOT'ND TO PENETRATE OR INTERSECT THE PREUISAS
AS RESERVED IN I'NITED STATES PATENT RECORDED JuIy 13, L899, IN BOOK 48 AT
PAGE 475.
10. RIGHT OF WAY FOR DTTCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF TIIE
T,NITED STATES AS RESERVED IN UNITED STATES PATENT RECOFDED JuIy 13, L899,
IN BOOK 48 AT PAGE 475.
11. RESTRICTM COVENANTS wHIcH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OI,IITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR
NATIONAL ORIGIN, AS CONTAINED IN INSTRWENT RECOR"DED August 10, 1962, IN
BOOK 174 AT PAGE 179.
12. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE
RECORDED PIJAT OF VAIL VILLAGE, FIRST FILTNG.
13. INILITY EASB,IENT AS GRANTED TO COMMI'NITY TELEVISION INVESTIITENT, INC. IN
INSTRWENT RECORDED December L7, L968, ITNDER RECEPTION No. IO9773.
PAGE 3
',"-. -rJA.ND rt""cuARANr"t- couPANr
DISCLOST'RE STATEMENT
Reguired by Senate BiLI 9X-14
A) The subJect real property may be located Ln a special taxingdistrict.
B) A Certificate of TaxeE pue listing each taxing jurisdlctlon
nay be obtained fron the County Treasurer or the County
Treasurer's authorized agent.
c) The infornation regarding special dietricts and the boundarieEof such dlstricts may be obtalned from the Board of County
Conmlssioners, the county clerk and Recorder, or th€ county
Assessor.
Reguired by Senate BiII 92-143
A) A Certificate of Taxes Due listing each taxing Jurisdlctionshall be obtained from the county Treasurer or the Countyfreasurer,s authorized agent.
rrt" cuARANTEE O"pANy' IAND
JAY K. PESENSON
(DELMR rN BUTLDTNG)
Dear Custoners
Land TitLe Guarantee Company is pleased to provide you withyour Ourer,s Title Insurance Policy. This valuable documentinsures good and narketable title to your property. Please
review the policy in its entj-rety. We at Land Title Guarantee
company believe in providing you, our customer, with a quality
product which will serve your needs.
In the event you do find any discrepancy, or if you have anyquestions or comnents regarding your final policy, please
contact the following department and we will gladly handle any
request you may have as efficiently and quickly as possible.
rIILE DEPART}IENT
TELEPHONE # (303) 476-225L
FAX #(303)476-4s34
PLELSE REFER TO ORDER NO. 19361
Should you decide to sell the property described in ScheduleA, or if you are required to furnish a nerr title conmitmentfor mortgage purposes, you nay be entitled to a credit towardfuture title insurance expenses. Land Title Guarantee companywill retaj.n a copy of the enclosed title policy, and in the
event you do need future services, ue will be in a position to
again serve you promptly and efficiently.
Thank you very much for giving Land Title Guarantee company
the opportunity to serve you.
lnrr', Policy
... -..." - AmericanLandTirleAssociarion0wne/sPolicvl0-l7.92
Polcy Number SV 215 215I
SUEJECT T() THE EXCTUSIt)NS FR()M C()VERAGE, THE EXCEPTIONS FROM C()VERAGE CONTAINEt} IN
SCHEDUI.E B AND THE CONDITIONS AND STIPULATIONS,
0tD HEPUBLIC NATI0NAL TITLE INSUBANCE C0MPANY, a Minnesota corporalion, herein called the Company,
insures, as of [)au of Policy shown in Schedule A, againn loss or damage, not exceeding the Amount oi lnsurance stated in Schedule A, sunained or incuned by
the insured by reason of,
l. Title to the esmft or interest described in Schedule A berng vesed other than as stated therein'
2. Any defect in or lien or encumbrance on the ti e;
3. Unmarketability oi the title;
4. Lack of a righ of access to and from the land.
The Company will also pay the costs, allorneys' fees and erpenses incuned in defense of the title, as insured, but only to lhe extenl provided in the
Conditions and Stioulations.
lN WITNESS WHERE0F, the said Old Bepublic National Title Insurance Company has caused its corporate name and seal to be hereunto alfixed by its duly
authoriz€d officers as of the date shown in Schedule A. the policy to be va d when counrersigned by an authorized olficer or agent of the Company.
EXCLUSIONS FB()M COVERAGE
The following maners are expressly excluded from the coverage of this policy and rhe Company will not pay loss or damage. costs, attomeys' fees or
exoenses which adse bv reason of
relaing m {il the occupancy, use. or enjoyment of the land; {ii) tho character, dimensions or location 0f any improvement now or hereafler erected on the land; {iii) a
separaiion in ownenhip or a change in the dimensions or area of the land or any parcel of which the land is 0r was i part; or {iv) environmental prolection, 0r lhe
effecr of any violadon of these laws. ordinances or govemmental regulations, except t0 the exlenl that a notice ol the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violaton or alleged violaron affecting the land has been recorded in the public records at Date 0f Policy.
{b) Any govemmental police power not excluded by lal above, except to the enent that a notice of the exercise thereof or a notice of a defect, lten or
encumbrance resulting from a violaion or alleged viola on affecting rhe land has been recorded in the public records at Date 0f Polacy.
2. Bighrs of eminent domain unless notice 0f lhe exercise thereol has been recorded in the public rucods at Date of Policy, but not excluding from covemge
any raking which has occuned prior to Date ol Policy which would be binding on rhe rights of a purchaser for value without knowledge.
3. Defects, liens. encumbrances. adverse claims, or other matters,
(al creared, suflered, assumed or agreed to by the insured claimant;
{bl nol tnown lo lhe Company. not recorded in the public records at 0ate of Policy, but known l0 fte insured claimant and not disclosed in writing to the
Company by the insurcd claimant prior to the date the insured claimant became an insured under this policy;
lcl resultrng in no loss or damage to the insurud claimant:
{dl attaching or cruated subsequent to [)ate of Policy; or
lel resulting in loss or damage which would not have been sustained il the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or inrerest insured by this policy, by reason oi the operaion of federal
bankruprcy. srale insolvency, or similar cnditors' nghts laws, that is based on,
li) rhe rransacilon crearng the estarc or inrerest insured by this policy being deemed a fraudulent conveyance or fraudulent uansfet; or
{iil the transacdon crealing the eslale or inleres( insured by this pollcy being deemed a preferential transfer except where the preferential transler results from the
failure,
lal to dmely record lhe insuumenl of mnsferr or
lbl of such recordaton to impan notice to a purchaser lor value or a judgement or lien creditor.
r.9j
lssued through the 0lfice ol
IAND TIITE GUARANTEE COMPANY
108 So. Frontage Rd. Wesi, Suire 203
P. O. Box 357
Vail, CO 81658
l3o3) 476-225r
It
OID REPUBIIC 1{ATIOI{AT TITTE IIISURA]ICE COtf,PATY
A Stocl Conpany
400 Second Avenue South, Mnneap1lis, Minnesota 55401
Authorized Signawy
ofiT Fo.n 402 - ALTA 0rnfis Pohct 10.17 9?
/6t21 3/t.Itt
-:i ! : ,.." :. rlirr wj r'\";
8l
Aue,t 1' E*"2 sccrcEry
CONOITIONS ANO SIIPUTO
l. 0elinition ol ferns.
The lollowing tems when used in this policy mean,
{a} "insured", the insured named in Schedule A, and, subjecr to
any nghls 0r defenses the Company would have had againsr rhe named insured,
lhose vvho succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, drsuiburees,
devisees. survivors, personal reprcsenulives, nert of kin, or coryomte or fiduciary
success0m.
(bl "insured claimanl", an insured claiming loss or damage.
lc) "knowledge" or "known", acrul knowledge, nol consuuclive
howledge or notice r,vhich may be impured to an insured by reason of rhe public
recods as defined in this policy or any orher records which impan constructive
notice of matters alfecilng the land.
(dl "land", the land descnbed or refened to in Schedule A, and
improvemenls affixed thereto which by law consdtule rcal propeny. Ihe lerm
"land" does nol include any propeny beyond the lines of the area descnbed or
rsferred to in Schedule A, nor any nghl, tide, interest, e$ale 0r easement In
abuning smets. roads. avenues, alleys, lanes, ways 0r wamn/vays, but nothing
henin shall modify or limi the enent to which a dght of access lo and lrom rhe
land is insund by this policy.
lel "m0 !a!e": mongage, deed of trusr. trusr deed, or orher
secuntv nslrumenl.
lfl "public records", recods eslablished under slale sralules at [)are 0f
Policy for the purpose of impaning consncive norice of maters relaring ro real propeny
to purchasers for value and wirhout knowledge. Wth respecr to Secdon llallivl of the
hclusions from Covemge, "public records" shall also include envrronmental prorecdon
liens liled in the records of the clerk of the Unired Srares dismct coun for rhe disrncr in
whrch the land is located.
lgl "unma etability o{ the ti e", an alleged or apparenl matrer affecring rhe
dde t0 the land, not ercluded or excepted from coverage, which would enitle a
purchaser of the esrate 0r interen described in Schedule A to be released from rhe
obligation to purchase by vinue of a conrracrual condiion requinng rhe delivery of
marketable ti e.
2. Continuatton ol lnsurance Alter tonvEance ol Title.
The coverage 0f lhis policy shall continue in lorce as of One of Policy
in favor of an insured only so long as the insured retains an estate or inlerest rn
the land. or holds an indebtedness secured by a purchase money mongage grven
by a purchaser from the insured, or only so long as the insured shall have liabiliry
by reason of covenants of wananry made by the insured in any tansfer or
conveyance of the estate or interesl ihis policy shall not conrinue in force rn
favor of any purchaser fiom the insured of either lil an esmte 0r inure$ in me
land, or {ii} an indebtedness securud by a purchase money mongage given to rhe
insured.
3. llotrce ol tlain to be 6iven by lnsured Clainant.
Jhe insured shall norify rhe Company promprly in wdring {i) in case of any
litigation as set fonh in Senion 4(al below, {iil in case kn0wledge shall come ro
an insured heruunder of any daim of drle or inrerest which rs adverse t0 the ftle
l0 the esbte or inrcresl as insured, and which might cause loss or damage for
which the Company may be liable by vinue oi this policy, or liiif if ride ro rhe
estale or inrcnst. as insured. is relected as unmarketable. lf prompt norice shall
not b€ gaven to the Company. fien as t0 the insured all liabiliry of rhe Company
shall terminate with regard t0 the maller or matters for which pmmpr notice rs
requrred; provided, however that lailure to noily rhe Company shall in no case
preludice the ghrs of any insured under rhis policy unless the Company shall be
prejudiced by the failure and rhen only t0 the enenl 0f the preludice.
4. 1efense and Prosecution of Actions, 0uty ol lnsured Clatnant to
Cooperate.
{a} Upon wntten rcquest by the insured and subjecr ro rhe opions
contained in Secron 6 of these Conditrons and Slpulaions, rhe Company, ar irc
own cost and wrthout unreasonable delav, shall provrde for the defense of an
'insund in lirga on in which any third pany assens a clarm adverse ro the tr e or
interest as insured. l* onfl those stared causes of aclion alleging a defect,
lien or encumbrance or olher matter insured against by this policy. lle Company
shall have the nght to selecr counsel of its choice {subject o fie nghr 0f rhe
insured ro oblen for reasonable causef lo represem the insured as l0 those suted
causes of acion and shall not be liable for and will not pay the fees of any other
counsel. Ihe Company will not pay any lees, cos$ 0r expenses incuned by the
insured in the defense ol tose causes of action which allege matten nol insured
against by this policy.
lbl The Company shall have the right, at rts own cosl l0 institute and
prosecure any aclon 0r prcceeding ff l0 d0 any other act wfiich in its oflnion
may be necessary or desirable l0 esrablish the dtle t0 the esote 0r intercst, as
insured, or t0 p€vent 0r nduce loss or damage t0 the insurcd. The Company may
take any appropriarc aclion under fie tems ol this policy, yvhether or not it shall
be liable hereunder, and shall not thereby concede liability or waive any provision
ol this policy. ll the Company shall exenise its nghts under this pamgmph, it shall
do so diligendy.
lcl ll/henever rhe Company shall have brought an acrion 0r interposed
a defense as required or permilted by the provisions of this policy, the Company
may pursue any liugation t0 final delerminadon by a coun of compeunt junsdiction
and expressly reserues fie righl in ir sole discreion, 10 appeal from any adverse
judgment or order.
{dl In all cases where this policy permits or nquircs fie Company m prosecute
or provide for the defense of any acuon or pmceeding, the'insured shall secure o
the Company the right to so pmsecule or provide defense in the ac 0n or
proceeding, and all appeals. therein, and permit the Company t0 use. al ils 0pd0n,
the name 0l rhe insurud for this purpose. Whenever nquested by the Company,
the insured, a1 the Company's expense, shall gile the Company all rcasonable ard
(if in any anion or proceeding, secunng evidence, obtaining wimesses, prosecuting
or defending fie acrion 0r proceeding. or effecring serdemenr, and {iif in any other
lawful act which in the opinion of the Company may be necessary or desirable to
establish rhe title t0 the estare or inreresr as insured. lf rhe Company is preiudiced
by the failure of the insured t0 fumrsh the requind c00pem!0n, the Company's
obligatrons m the insured under the policy shall terminate, induding any liabiliry or
obligation m defend. prosecurc,0r conlinue any lirigation, with ngard to the
maner or maners requinng such cooperalion.
5. Proof of Loss or ?anage.
ln addition t0 and afrer rhe notrces required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days afler the insured claimant shall ascenain the facls
grving nse to the loss 0r damage. The proof ol loss or damage shall descdbe
the defect in, or lien or encumbrance 0n fte title, 0r olher maner insured
against by this policy which consotutes the basis of loss or damage and shall
slate, r0 the enent possible, the basis of calculating the amounl of the loss or
damage. lf the Company is prejudiced by the failure ol the insured claimant to
provide the required proof of loss or damage, rhe Company's obligadons to the
insured under the policy shall terminate, including any liability or obligation to
delend, prosecute. 0r c0ntinue any litigation, with regard t0 the mattet 0r
matters requinng such proof of loss 0r damage.
In addition, the insured clarmant may reasonably be required to submit to
exarninarion under oath by any authorrzed representative of the Company and
shall produce for examination, inspection and copfng. al such reasonable times
and places as may be designated by any authonzed representative 0f lhe
Company, all records. books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or afrer Oate of Policy, which reasonably penain
lo rhe l0ss or damage. Funher. if requested by any authonzed tepresenutive 0l
the Company, the insured claimant shall grant its p€rmissr0n, in wrning. lor any
authorized represenrarive 0f the Company to eramrne, inspecl and copy all
records, books, ledgers, checks, conespondence and memoranda in the custody
or control of a rhird party, whrch reasonably penain to the loss or damage. All
information designated as confidential by the insured claimant provrded to the
Company pursuant r0 this Section shall not be disclosed to orhers unless, in the
reasonable ludgmenr of rhe Company, it is necessary in the admrnisuation of
Itontinued on nstde bac* mvetl
' :;:' ## ";i,:i,'''; {::',:::,:,:!rc h im a n r t o su b mf xa m i n a ri o n u n d e r oa rh.
produce uher reasonably requesled information or gra-i'[ permission lo secure
;easonably necessary information from third panies as required in this paragraph
shall terminate any liability of the Company under this policy as ro thar claim.
6. 0ptions to Pay or 0therwise Sutle tlains, Ternrnation ol Liabiliry
In cass of a claim under this policy, the Company shall have rhe
followrng addirional options,
{a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of lhe amounl of insurance under rhis
poiicy, togelher with any costs, anorneys' fees and expenses incuned by the
insured claimant. which were authorized by the Company, up to rhe time of
paymenl or tender of payment and which rhe Company is obligared to pay.
[Jpon the exercise by the Company of this option, all liability and
obligations t0 the insured under this policy. other than to make the payment
ruquired, shall terminate, including any liability or obligation to defend,
prosecute, or conrinue any litigation, and the policy shall be surrendered to rhe
Company for cancellaton.
{b} To Pay or 0thenrvise Sntle With Panies fther Than rhe lnsured
or With the Insured Claimant.
llj-Iolay ff olheru,se se{rle with other panies for or in
the name of an insured claimant any claim insured againsr under this policy,
l0gelher wilh any c0sts, attomeys' fees and erpenses incuned by the insured
claimant which were authorized by the Company up t0 the time of payment and
which the Company is obligated to pay;0r
liil to pay or othemise settle with the insured claimant the loss
or damage provided for under rhis policy, together with any cosrs. anorneys'
fees and erpenses incuned by the insured claimant which were authorized by
the Company up t0 lhe time of payment and which the Company is obligared
t0 pay.
Upon the exercise by the Company of enher of the oplons provided lor
in paragraphs lbl{il or lii}, the Company's obliqarions to the insured under rhis
policy for rhe claimed loss or damage, orher rhan rhe paymenrs required ro be
made, shall terminate. including any liability or obligation to defend, pr0secule.
or continue any litigation.
/. 0eterninatlon. fxrent of liahrlrty and Coinsurance.
This policy is a contract of indemniry againsr actual monetary loss or
damage sustained or incurred by the rnsured clarmant who has suffered loss or
damage by reason of marrers insured againsr by rhis policy and only to the
extenr herein described.
{al The liability of the Company under this policy shall nor exceeo rne
leasr of,
lii the Amount of Insurance stated in Schedule A; or,
{iil the diiference berween rhe value of the insured esrate or
interest as insured and the value 0f the insured estate or interest subject to rhe
defect, lien or encumbrance insured against by this policy.
lb) ln the event the Amount of Insurance stated in Schedule A at
the 0ate of Policy is less rhan 80 Dercent of the value of the insured esrare or
inlerest or the full consrderadon paid for the land. whichever is less, or if
subsequent l0 the 0ale of Policy an rmprovemenr is erecred on the land which
increases lhe value of the insured estate or interest by at least 20 percent over
the Amount of Insurance srared in Schedule A, rlien rhis policy is subjecr ro
the following,(i) where no subsequent improvement has been made. as to any
panial loss, rhe Company shall only pay the l0ss pro rata in the proponion rhar
the amount of insurance at Oate 0f Policy bears t0 the rcEl value of the
insured eslate or interest at 0ate of Policy; or
{iif wherc a subsequent improvemenl has been made, as to any
panial loss. the Company shall only pay rhe loss pro rara in rhe proponion rhar
120 percent of the Amount of Insurance srared in Schedule A bears to the
sum of the Amount of Insurance sraled in Schedule A and the amount
exoended for the imorovemenl.
The provrsions 0f this paragraph shall not apply l0 cosls, auomeys'
fees and expenses lor which the Company is liable under this policy, and shall
only apply t0 thal portion of any loss which exceeds, in the aggregare. l0
percent of the Amount of Insurance stated in Schedule A.
lcl The Company | *rv rhose cosls, auomeys' fees and expenses
rncured in accordance with S?ctron 4 of rhese Condrtions and S pulattons.
8. Apportionnent.
lf the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecing one or
more of the parcels but not all, rhe loss shall be computed and serrled on a
pro rata basis as jf the amount 0f insurance under this policy was divided pro
rau as t0 the value on oate of Policy of each separate parcel to the whole,
erclusive of any improvemenls made subsequent to Dale of Policy, unless a
liability or value has otherwise been agreed upon as ro each parcel by the
Company and the insured ar rhe dme of rhe issuance of rhis policy and shown
by an express stalemsnr 0r by an endorsement attached to this policy.
9. linitation of Liabiliry.
(a) lf the Company eslabllshss the title, or ruil0ves the alleged defect,
lien or encumbrance, 0r cures ths lack of a nght 0l access t0 or lrom the iand,
0r cures the claim of unmarketabiliry of title, all as insured, in a reasonably
diligent manner by any merhod, rncluding lidgation and rhe comple 0n of any
appeals therefrom, it shall have fully performed ia obligadons wrh respecr ro
that maner and shall nor be liable for any loss or damage caused rhereby.
lbl In the event of any lirigaton, including lirigarion by rhe Company or
with the Company's consent, the Company shall have no liabiliry for loss or
damage until there has been a linal derermination by a coun of competent
junsdicrion, and disp0sition of all appeals thefefrom, adverse l0 rhe rirle as
Insureo.
{c) The Company shall not be liable for loss or damage r0 any insured
for liability voluntarily assumed by rhe insured in setrling any claim or suir
without rhe prior wrillen consenl of the Company.
10. fleductton ol lnsarance: Beduction or fernination of Liability.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses. shall reduce ths amount of the insunnce pro
tant0.
ll . Liability lloncunulative.
It is expressiy understood thar the am0unr of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
rnsunng a mongage to which exception is taken in Schedule B or to which the
insured has agreed, assumed, or taken subject, or which is hereafter executed
by an insured and which is a charge 0r lien 0n the esute or interest descdbed
or referred t0 in Schedule A. and the amounl s0 paid shall be deemed a
paymenl undef this policy r0 the insured owner,
12. Paynent ol Loss.
la) No payment shall be made without producing this poficy for
, endorsemenr of rhe payment unless the policy has been lost or desuoyed, in
which case proof of loss or destruction shall be furnished r0 lhe satisfactiofl 0f
the ComDanv.
lbl When liabiliry and rhe enenr of loss or damage has been definitely
fired in accordance with rhese Conditions and Stipulatons, lhe loss 0r damage
shall be payable within 30 days rher€after.
13. Subrogation Upon Paynent or Settlenent.
lal The Company's Bight of Subrogaion.
Whenever the Company shall have senled and paid a claim under this
policy. all righr of subrogation shall vest in the Company unaflected by any act
of the insured claimant.
The Company shall be subrogated m and be €nttled r0 all righs and remedies
which the insured claimant would have had against any person or properly in
respecr r0 rhe claim had this policy not been issued. lf requested by the
Company, the insured claimant shall transfer to the Company all rights and
remedies against any person 0r propeny necessary in order to perfect this right
0f subrogation. The insured clarmant shall pemit the Company to sue,
compromise or settle in the name 0f the insuted claimant and l0 use lhe name
of rhe insured claimant rn any transacti0n or litigation involving these rights or
r€m€0tes.
lf a layment 0n account of a claim does not lully cov€r the loss 0[ th€
insured claimant, the Company shall be subrogated lo lhese nghts and remedtes
lContnued on bact coYel I
lContinued hon inside coverJ
in the proponion whrch the Company's payment bean to the whole amounr of the
loss.
lf loss should resuh from any act of the insured claimanr, as staled
above, that act shall not void lhis policy, bur the Company, in thar evenl shall
be required l0 pay only ftat part 0f any losses insured againsr by rhis policy
which shall exceed the amounr, if any, lost to the Company by reason of the
impaiment by the insured claimant of the Company's right ol subrogarion.
lbl ]he Company's Rights Against Non.insured 0bligors.
The Company's dghr of subrogatron against non-insured obligors shall
erist and shall include, without limitation, rhe righn of rhe insured ro
indemnities, guaran es, ofter policies of insurance or bonds, notwirhsranding
any terms or conditions contained in those instrumen$ which provide for
subrogadon dghts by aason of this policy.
14. Arbiuation.
Unless prohibited by applicable law. either rhe Company 0r lhe insured
may demand arbitration pursuant 10 the Tide Insurance Arbitration Rules of the
Amedcan Arbitration Association. Arbrrrable maners may include, bur are nor
limiled t0, any conlroversy or claim between ts Company and the insured
arising out of or relating t0 this policy, any service of the Company in
connecion with its issuance or the brcach ol a policy provision or other
obligaion. All adirable manen when rhe Amounr of Insurance is $1,000.000
or less shall be arbitrated at the 0pi0n of eirher the Company or the insured.
All arbitrable matters when lhe Amounl of Insumnce is in ercess of S1,000,000
shall be arbitmud only when agreed ro by borh the Company and the insured.
Arbitrarion pursuam l0 this policy and under the Rules in effecr on the date the
demand for aditration is made or, at the 0pd0n ol rhe insured, rhe Bules in
effect at Date of Policy shall be binding upon rhe panies. The award may
include anorneys' lees only if the laws of fis srare in which lhe land is locared peimii
a coun r0 award attorneys' fees to a prevailing pany. Judgment upon fi€ award
rendered by the Arbitmto(s) may be enrered in any coun having jurisdicrion rhereof.
The law ol the sirus of rhe land shall apply ro an arbitradon under the
Tide Insurance Arbitration Rules. A copy of rhe Bules may be obtained from rhe
Company upon nquest.
15. tiabiliry Liniad r0 thit Pllicy; Poliey Entire tontrau.
{al This policy logether wifi all endorsements. if any, auached herero
by the Company is the entire policy and conlract belween the insued and the
Company. In interpre ng any provision of this policy,.this policy shall be
construed as a whole.
{b} Any claim of loss or damage, whether or not based on negligence,
and which arises out of the sntus of the title l0 lhe estate or inteest covered
hereby or by any acion.assening such daim, shall be resdcted t0 this policy.
lcl No amendmenl of or endorsement l0 rhis policy can be made ucept
by a writing endorsed heruon or auached hento signed by eirher rhe Presidenl
a Vice President, the Secreury, an Assistanr Secretary, or validafng officer or
authorized signatory of the Company.
16. Severability.
In the event any provision ol the policy is held invalid or unenforce.
able under applicable law, the policy shall be deemed n01 lo include that
provision and all other provisions shall remain in full force and eflect.
| /. llotices. ltVhere Sent.
All notices rcquned to be given the Company and any smtement
in writing required to be fumished the Company shall include the number of this
oolicv and shall be addressed to its Home 0ffice, 400 Second Avenue South.
Minneapolis, l\Iinnesob 55401, l6l2) 371-l I ll.
'oRT oiners Forn 402 O Poricio. sv21s215e
Order No. V19361 Amount 93r450,000.00
SCHEDT'LE A
Address
1. Policy Date: April 22, 1994 at 5:OO P.!{.
2. Nane of InEured:
BilS & P LTD., A COL,ORADO LIUITED PARTNERSHIP
3. The estate or interest in the land described in this Schedule
and which is covered by this policy is:
A Fee Sinple
4. Title to the eetate or interest covered by this poliey at the
date hereof is vested in:
B!!S & P LTD., A COT.,,ORADO LTUTTED PARTNERSHIP
5. The land referred to in this policy is situated in EAGLE
County, colorado, and is deecribed as follows:
LOT 9, BLOCK 5, VAIL VILI,AGE, FIRST FILING, ACCORDTNG TO THE
RECORDED PI,AT THEREOF, COT'NTY OF E.AGLE, STATE OF COIORADO.
Page 1 This Policy valid only if Schedule B is attached.
'oRT owner Form 402 nr No. vte361 Ororr", *o. sv215215e
SCHEDT'LE B
This policy does not insure against IoEs or damage by reason ofthe following:
1. Rights or claims of parties in possession not shown by thepublic records.
2. Easenents, or clains of easements, not shorrn by the public
records.
3. Discrelnncies, conflicts in boundary lines, shortage in area,encroachlents, and any facts which a correct survey andinspection of the premiecs sould disclose and which are not
shown by the public records.
4. Any lien, or right to a lien, for services, Iabor, or
material theretofore or hereafter furnished, irnposed by law
and not shown by the public records.
5. 1994 TAXES NOT YET DUE OR PAYABLE AND ASSESSMENTS NOT YET CERTIFTED TO THE
TREASURERS OFFICE.
6. LrENS FOR ITNPAID I{ATER AND SEWER CI{ARGES, rF ANY.
7. RIGHT OF PROPRIETOR OF A VETN OR I,ODE TO EXTRACT AND REI.IOVE HIS ORE
THSREFROU SHOT'LD THE SAI'IE BE FOUND TO PENETRATE OR INTERSECT THE PRIX.IISES
AS RESERVED IN ITNITED STATES PATENT RECOR"DED July 13, L899, fN BOOK 48 AT
PAGE 475.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AIITHORTTY OF THE
I]NITED STATES AS RESERVED IN T'NITED STATES PATENT RECORDED JU1Y 13, 1899,
IN BOOK 48 AT PAGE 475.
g. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORTEITURE OR REVEiTER CI,AUSE,
BUT OUITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR
NATIONAL ORIGIN, AS CONTAINED IN INSTRI,,I'TENT RECORDED August 10, 1962, IN
BOOK 174 AT PAGE 179.
10. EASEI,|ENTS, RESERVATIONS AND RESTRIqUONS AS SHOITIN OR RESERVED ON THE
RECORDED PI,AT OF VAIL VILLAGE, FIRST FILING.
11. TITILTTY EASEI,TENT AS GRANTED TO COMMI'NITY TELEVTSION INVESTUENT, TNC. IN
fNSTRIJI,IENT RECORDED December L7, 1968, UNDER RECEPTION NO. IO9773.
Page 2
.dRT ouncr Form 402
SCITEDUIJE B
ol" No. v1e361 O"orr.v No. w215z1se
L2.
13.
EXTSTIIG LBASES AI{D TEXATTCIE8.
RIGIIT OF FIRST RETUSAL AS CREATED IN PT'RCIIASE AGREEIIENT DATED AUCUST 18,
1993.
Page