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TYPE-III EMPLOYEE HOUSING UNIT
RESTRICTIVE COVENANT
WHEREAS.
certain property ("the OwnerJ described as: Qondominium Unir E-l as
is the owner of
described in the
tion for I1llltside Condomlniums recorded on
Ehe Con niurn Map for Liftside Condominlums recorded on
("the Property); and
WHEREAS, the Owner wishes to place certain restrictions on the use of a unit or apartment
located on the Property for the benefit of the Owner and the Town ol Vail, Cotorado (,,the Town,,).
NOW, THEREFORE, the Owner does hereby impose, establish, acknowledge, declare lor the
benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the following
restrictions, covenanls, and conditions, all of which shall be deemed to run with the land and inure to
the benefit and be bonding upon the Owner, its respective granlees, successors, and assigns.
1. Unit or Apartment E - 1 , containing 300 square feet, is hereby restricted a$
a {1pe-$f Employee Housing Unit (EHU) which must comply with all the provisions of
Seclions 18.57.020. 18.57.030, and +&.#=0€O 18.57060 (AXB) 5, 6, 7 and g through
13 of the Vail Municipal Code as amended and as per Section 18.46.220 of Ordinance
No. 7, Series of 1993.
16s Type4l Employee Housing Unit shall not be leased or renled for any period of less
than thirty (30) consecutive days; and, if it shall be rented, it shall be rented only to
tenants who are lull time employees who work in Eagle County. Fol the purposes of
this paragraph, a lull time employee is one who works an average of a minimum of
thirty (30) hours each week.
A rypel+ EHU may be sold, lransferred, or conveyed separately from other dwelling
units or Employee Housing Units that may be located on the same lot or within the
same building so long as it meets the following conditions:
a) lt must be used by the owner of the EHU as a permanent residence. For the
purpose of this paragraph, a permanent residence shall mean the home or
place in which one's habilation is fixed and lo which one, whenever he or she
2.
3.
is absent, has a present inrention of rerurning atter a crepa(ure or absence
therefrom, regardress of the duration of absence. In determining what is a
permanent residence, the Town starf shall take the following circumstances
relating to the owner of the residence into account: buslness pursuits,
employment, income sources, residence ror income or other tax purposes, age,
marital status, residence of parents, spouse ancl children if any, location of
personal and real property, an motor vehicle registration.
b) 11 3 $ypn-ll+ EHU is sold, rransferred, or conveyed separatery from the other
dwelling units and/or T{p€{l+ Employee Housing Units in a multifamily
structure it is apart of, or from other dwelling un11r xn67s1 T+p€-$l EHUs located
on the same lot, lhe T.yp+lll EHUs in the structure or on that lot shall be
subiect to all the provision set forth in Section 19.57.020.
4. Thirty days prior to the transfer of a deed Jqy a Typ€-ltl EHU, the prospective
purchaser shall submit an application to the community Development Department
documenting that the prospective purchaser meets the crileria set lorth above and shall
include an affidavit allirming that he or she rneets those criteria.
5. The T{B€-U+ EHU shall not be divided into any form of timeshares, interval ownership,
or flactional lee ownership as those terms are defined in the Municioal Code of the
Town of Vail.
6. No later than February 1 of each year, lhe owner of each employee housing unit within
the Town which is constructed tollowing the effective date ol this ordinance shall submit
two (2) copies ol a report of a form to be obtained from the community Development
department, to the Community development Department of the Town of Vail and.
Chairman ot lho Town of Vail Housing Authority setting forth evictence establishing that
each tenant whom resides within their employee housing unit is a lull-time employee in
Eagle County.
7, The provisions of these restrictive covenants may be enforced by the Orner and the
Town.
8. The condilions, resllictions, stipulalions, and agreements contained herein shall not be
waived, abandoned, terminated, or amended except by the wrirten consent of both the
Town of Vail and the Owner of the property.
By:
Et^v ot Ne"ee-*.jaq,, /?1(.
My commission expires: i:iJ t--c :,' : -..' .. ., .,. .. , ,.
was acknowledged before me this lsr day ot
My comn,ission expires: tz/t/qg
ca'houslne\adr nlEtlulll
TOWN OF VAIL, a Colorado municipal corporation
Bob Mclaurin
T'ha foregoing instrumerit was acknowledged before me this
{druf€rht+ *ctng tow- taanller
Property Owners
,u|, "(,utl/til/J, ilf;v, ffi#{,
and che Condominium Map for Liftside Condominiums recorded on pe bk .
("the Prope(y"); and
WHEREAS, lhe Orner wishes to place certain restrictions on the use of a unit or apartment
located on the Property for lhe benefit of lhe Owner and the Town of Vail, Colorado ("the Town").
NOW, THEREFORE, the Owner does hereby impose, establish, acknowledge, declare for the
benelit of all persons who may hereinatler purchase, or lease, or hold the subject land the following
restrictions, covenanls, and conditions, all of which shall be deemed lo run with the land and inure lo
the benetit and be bonding upon the Owner, its respective grantees, successors, and assigns.
{Unit or Apartment E-2 , containing 800 square feet, is hereby restricted as
a {lpe{f Employee Housing Unit (EHU) which must comply with all the provisions of
Sections 18.57.020, 1 8.57.030, and -1&6&060 18.57060 (AXB) 5, 6, 7 and 9 through
13 of the Vail Municipal Gode as amended and as per Section 18.46.220 of Ordinance
No, 7, Series of 19-93.
16s {yp€-[t Employee Housing Unit shall not be leased or rented for any period of less
than thirty (30) consecutive days; and, if it shall be rented, it shall be rented only to
tenants who are full lime employess who work in Eagle County. For the purposes of
this paragraph, a full time employee is one who works an average of a minimum of
thirty (30) hours each week.
3. A +yp€-$l EHU may be sold, lransferred, or conveyed separately from other dwelling
units or Employee Housing Units that may be located on the same lot or within the
same building so long as it meets the following conditions:
a) lt must be used by the owner of the EHU as a permanent residence. For the
pupose ot this paragraph, a permanent residence shall mean the home or
place in which one's habilation is fixed and to which one, whenever he or she
TYPtr IU EMPLOYEE HOUSING UNIT
RESTRICTIVE COVENANTOEi;5 1994
WHEREAS, MECM ENTERpRTsES. LTp. is the owner of
certain property ("the owner") described iISi condominlum uniE E-2 as described in the
c..do*iri,,* D""l..rtion for Lift"ldu cotdo*iriu*" t""ord.d o, pq bk
2.
is absent, has a present intention ol returning atter a departure or absence
therefrom, regardless of the duration of absence. ln determining what is a
permanent residence, the Town stalf shall take the following circumstances
relatlng to the owner of the residence into account: business pursuits,
employment, income sources, residence for income or other tax purposes, age,
marital stalus, residence of parents, spouse and children if any, location of
personal and real property, an motor vehicle registration.
b) lf a +ypo-ltl EHU is sold, transferred, or conveyed separately from the other
dwelling units and/or T{p€lt+ Employee Housing Units in a multifamily
structure it is apart of, or from other dwelling units and/or Tlp+lll EHI_ls located
on the same tot, the +yB+{f EHUs in the structure or on that lot shall be
subiect to all the provision set torth in Section 18.57.020.
4. Thirty days prior to lhe transfer of a deed for alypeJll EHU, the prospective
purchaser shall submit an application to the community Development Department
documenting that the prospective purchaser meets the criteria set forth above and shall
include an affidavit affirming that he or she meets lhese criteria.
5. 169 +ype-[[ EHU shall not be divided into any form of timeshares, interval ownership,
or lractional tee ownership as those terms are defined in the Municipal Code of the
Town of Vail.
6. No later than February 1 bf each year, the owner ot each employee housing unit within
the Town which is constructed following the etfective date of this ordinance shalt submit
two (2) copies of a report of a form to be obtained from the community Development
departmenl, to the community development Department of lhe Town of Vail and
Chairman of th€ Town of Vail Housing Authorlty setting torth evidence establlshing that
each tenant whom resides within their employee housing unit is a full-time employee in
Eagle County.
7. The provisions of these restrictive covenants may be enforced by the O^rner and the
Town.
I' The conditions, restrictions, stipulations, and agreements contained herein shall not be
By:
waived, abandoned, lerminated, or amended except by the written consent of both ths
Town of Vail and the Owner of lhe property.
TOWN OF VAIL, a Colorado municipal corporation
Bob Mc Laurin '
By:
The foregoing instrumerit was acknowledged boforo ms this _t-llOay ot Ae<-z-*.A "", ,. / ?a/
My commission expires:Lly Ccmnis:i::: l::;:::t;t:,):;nc 17, 1995
acknowtedged before me this lsr day of Decsp^rrer., (Ql*
My comr:rission expires:tzls/qL
cltrouslng\zlnln\EHulll
Owners