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Home My WebLink AboutEasementAMENDMENT TO EASEMENT AGREEMENT This AMENDMENT TO EASEMENT AGREEMENT (the "Amendment,-) -is made='and entered into thisL.�_day of 0 L, 2019, by and bet ween BELL Mot IN'TAIN. RESIDENCES CONDOMINIUM ASSOCIATION, a Colorado nanpxofitcor' oration ("Residences Association") and BELL MOUNTAIN QUALIFIED RESIDENCES CON15OMINIUMV :'_ASSOCIATION, LLC, a Colorado limited liability•company'(" CAR Association"). The _, r,.;�arties may be referred to herein individually as a "Party" or collectively as the "Parties". RECITALS A. Bell Mountain is the homeowner's association for the Bell Mountain Residences Condominiums (the "Bell Mountain Community"), according to the Condominium Map thereof recorded September 27, 2000 in Plat Book 54 at Page 52 as Reception No. 4474275 and the First Amendment to Condominium Exemption Map of ell Mountain Residences recorded onj L a5 , 2019 at Reception No. W,q (the "Bell Mountain Condominum Map") and as defined and described in the Condominium Declaration for Bell Mountain Residences recorded October 19, 2000 as Reception No. 448076, and the First Amendment To Declaration and Map of Bell Mountain Residences recorded on %Jum a5 , 2019 at Reception No.1o5 797 7 (the "Bell Mountain Dec aration"). B. QR Association is the owner of Unit A and Unit B and the homeowner's association for the Bell Mountain Qualified Residences Condominiums (the "Qualified Residences"), according to the Plat thereof recorded September 27, 2000 in Plat Book 54 at Page 60 as Reception No. 447427 and the First $ Amendment to Condomimup Exemption Map of Bell Mountain Qualified Residences recorded on a ( 2 5 2019 at Reception No. (the O , _ 0 "QR Condominium Map") and as defined and described in the Condominium = o RE � Declaration for Bell Mountain Qualified Residences recorded October 19, 2000 as $ .1 0 t To Declaration and Reception No. 448077, as amended by the First AmendmJ�Lt — M Map of Bell Mountain Qualified Residences recorded on IcA2 S , 2019 at F o a Reception No. (o57`'i (the "QR Declaration"), composed of units located = c W = wholly within the interior airspace of the Bell Mountain Community. —°�zV_''a r-wo 3 _ otv a W 0 C. Residences Association and QR Association are the parties or successors in Z 1- - � "o interest to the parties to an easement agreement recorded September 27, 2000 0 o Y under Reception No. 447428 (the "Easement Agreement"), which establishes w 0 $ 0 certain easements for support, for ingress and egress for the operation and = w u w maintenance of various utility services and plumbing and mechanical facilities to W ° a the Qualified Residences. 49632536.1 RECEPTION#: 657480, 07/25/2019 at 09:56:54 AM, Pgs 2 of 6, Janice K. Vos Caudill, Pitkin County, CO D. Contemporaneously herewith, the Residences Association and the QR Association have each amended the Plats and Declarations for the Qualified Residences and the Bell Mountain Community in order to withdraw a portion of Qualified Residences Unit A, consisting of one employee dwelling unit (the "EDU"), from the Qualified Residences community and to simultaneously create the EDU as a new Unit 1 A within the Bell Mountain Residences Community. E. The EDU was constructed as one of three one -bedroom employee dwelling units contained within Unit A of the Qualified Residences and shares a common wall with Unit A and may share common electrical, plumbing, ventilation and other wires, lines and mechanical facilities with Unit A. F. The Parties desire to amend the Easement Agreement in order to reflect the modified rights and responsibilities between the parties with respect to the removal of the EDU from the Qualified Residences and incorporation of the EDU into the Bell Mountain Community, as contemplated herein. NOW, THEREFORE, in consideration of the promises made herein and other valuable consideration, the Parties hereto hereby amend the Easement Agreement as follows: 1. The definition of Bell Mountain Declaration and Bell Mountain Condominium Map are amended to conform to the definitions set forth in the recitals of this Amendment and all references thereto in the Easement Agreement will refer to the amended definitions herein. 2. The definitions of QR Declaration and QR Condominium Map are amended to conform to the definitions set forth in the recitals of this Amendment and all references thereto in the Easement Agreement will refer to the amended definitions herein. 3. The QR Association consents to the vacation of the access and light well easements exclusively benefitting the EDU, as shown on the Bell Mountain Condominium Map. 4. A new Section 4.2 is added as follows: "4.2 QR Association does hereby establish for the benefit of the Residences Association, a perpetual non-exclusive easement in and over those portions of the Qualified Residences necessary for the horizontal and lateral structural support of the Bell Mountain Residences. With respect to any structural elements of the Qualified Residences that are the subject of this non-exclusive easement for support, the Residences Association shall have a reasonable right of entry into the EDU or any of the Qualified Residences to effectuate any inspection, maintenance, repair or replacements to said structural elements. Except in cases of an emergency, any inspection shall be upon no less that ten (10) dayk4vance A) 49632536.1 RECEPTION#: 657480, 07/25/2019 at 09:56:54 AM, Pgs 3 of 6, Janice K. Vos Caudill, Pitkin County, CO written notice and such inspection shall be conducted during normal business hours. Any work involving the maintenance, repair or replacement of the structural elements which requires entry into the EDU or any of the Qualified Residences shall be scheduled upon the mutual consent of the EDU owner, the QR Association and the Residences Association. In exercising its rights hereunder, the Residences Association will (i) exercise reasonable efforts to minimize any resulting interference with the use and enjoyment of the EDU and Qualified Residences, (ii) repair and restore any damage to the EDU and Qualified Residences and the contents thereof which may result therefrom; and (iii) reimburse the EDU Owner and the QR Association for the reasonable costs of temporary substitute housing or other accommodations for the EDU Owner or any tenants of the EDU and the Qualified Residences during any time period in which the EDU Owner or tenants are reasonably unable to occupy their Unit(s) due to such maintenance, repair or replacement work. In the event the QR Association intends to make any repairs or replacements to the structural elements that are the subject of this non-exclusive easement for support for the Bell Mountain Residences, the written consent of the Residences Association shall be a condition precedent to the commencement of any such work which consent shall not be unreasonably withheld or delayed provided that the easement for support of the Bell Mountain Residences should not be impaired in any fashion by such work." 5. QR Association hereby grants to Residences Association a perpetual, non- exclusive easement by over and through the Qualified Residences for the purpose of access, maintenance, operation, replacement, servicing, repair and use of all electrical and mechanical facilities, systems and lines located in the Qualified Residences, which service the EDU, including, but not limited to: radiant heating, domestic water electric wires and lines, flues, ducts, conduits, sanitary sewer piping, branch piping, outlets, stacks, cleanouts, telephone service lines, cable television lines and air intake and exhaust vents, fittings and ducts, including the right to expand, upgrade or attach similar add-ons to any system, facility, hardware or other component in the Project, provided any such upgrade is at the Residences Association's expense. 6. Section 23.1 is revised to delete the addresses for the Residences Association and the AR Association, and insert the following: If to Residences Association, to: If to QR Association, to: 3 Attention: Ronald Garfield 625 East Hyman Ave. Ste. 201 Aspen, CO 81611 Facsimile: 970-925-3008 Email: garfield@garfieldhecht.com Thomas Todd, Esq. 49632536.1 RECEPTION#: 657480, 07/25/2019 at 09:56:54 AM, Pgs 4 of 6, Janice K. Vos Caudill, Pitkin County, CO Holland & Hart, L.L.P. 600 East Main St., Ste. 104 Aspen, CO 81611-1991 7. Each Parry hereto accepts the Benefits and Burdens of the Easement Agreement, as amended by this Amendment. 8. Except as modified herein, all other provisions of the Easement Agreement are hereby ratified and shall remain in full force and effect. (Signatures on following pages) El 49632536.1 RECEPTION#: 657480, 07/25/2019 at 09:56:54 AM, Pgs 5 of 6, Janice K. Vos Caudill, Pitkin County, CO IN WITNESS, WHEREOF, the parties have executed this Amendment to Easement Agreement as of the day and year first above written. QR ASSOCIATION: BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUM ASSOCIATION, LLC, a Colorado limited liability company By: Jam alert , Manager STATE OF OLO O ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this i S4' day of 2019 by James Valerio as Manager of Bell Mountain Qualified Residences Condominium Association, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: lb IQ 1 ( -20a. STEPHANIE STACH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20094034010 MY COMMISSION EXPIRES 10/2112021 5 49632536.1 RECEPTION#: 657480, 07/25/2019 at 09:56:54 AM, Pgs 6 of 6, Janice K. Vos Caudill, Pitkin County, CO IN WITNESS, WHEREOF, the parties have executed this Amendment to Easement Agreement as of the day and year first above written. RESIDENCES ASSOCIATION: BELL MOUNTAIN RESIDENCES CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation. By: Ari Deshe, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this I --)- day of July, 2019 by Ari Deshe as President of Bell Mountain Residences Condominium Association, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: A4 kV al , �L v 1'? 12075065_1 6'7 AM 4_ Y Notary Public MARISSA LINDAHL NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20154020214 My Commission Expires May 21, 2023 50347159.1