Loading...
HomeMy WebLinkAbout9.01 Party Wall Agreement and Supplemental Declaration■Ili M'P.19111TR°n01�l'i�f�� 's�l Reeeptian#: $86768 SZOF O13DReaFae9$71.00 DcvaFeaICG 00 GARFIELD COUNTY Co PARTY WALL AGREEMENT AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOT D-19 ASPEN GLEN FILING NO. I GARFIELD COUNTY, COLORADO Recitals 1. Carbondale Glen Sweetgrass Vista, LLC (,"Declarant") is the Owner of the real property situated in the County of Garfield, State of Colorado, described as Lot D-19, Aspen Glen Filing No. 1, according to the Plat thereof recorded April 6, 1995, as Reception No. 476330 (the "Lot") in the records of the Garfield County Clerk and Recorder. 2. Declarant has constructed on the Lot a duplex building consisting of two separate Units, each designed and intended for use as a residential dwelling, designated as Unit A and Unit B, which are sometimes referred to separately as "Unit" or collectively as "Units." 3. Declarant desires to establish a plan for the Ownership of the Lot as it has been resubdivided, by establishing separate Ownership and rights and obligations related and appurtenant to Unit A and Unit B, as identified on the Plat. DECLARATION SECTION i SUPPLEMENTAL DECLARATION; LOT SUBJECT TO MASTER DECLARATION A. Declarant does publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land described herein, shall be a burden and a benefit to Declarant, its successors and assigns and any person acquiring or owning an interest in the Units and improvements built thereon, their grantees, personal representatives, heirs, successors and assigns. B. Notwithstanding anything set forth in this Supplemental Declaration, the Lot which has now been resubdivided into Unit A and Unit B, shall at all times be subject to all terms and conditions of the Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen as the same are recorded in the records of the Clerk and Recorder of Garfield County, Colorado, as Reception No. 476328, Book 936, Page 350, ("Master Declaration") and as the same has been, and may be, amended from time to time. Aft r nl. fn" Up 1. LaC. 7 Balwm6 ti O�mn. P.C. P.O. Dnvu 79x1 Glenrmd SFn�Ss•CO tIfU7 mIII WALAWArI Nf lQ tiV4 F41*1 Vivi y),11111 Reception#: 886768 12/20/2016 11:79:01 AM Jean :1berloo 2 of 13 Ree Fee:$71.00 Ooc Fee:0.00 GARFIELD COUNTY CO SECTION II DEFINITIONS Unless the context shall expressly provide otherwise, the terms used herein shall have the meanings set forth in the Master Declaration. In addition, the following terms shall have the following meanings: A. "Common Access Easement" means any non-exclusive easement upon the Lot for pedestrian, vehicular or utility access, or other designated purpose, which shall be shared by the Owners of Unit A and Unit B as provided in this Supplemental Declaration. B. "Duplex" or "Building" means the improvements constructed upon the Lot. C. "Lot" or "Building Site" means Lot D-19 Unit A or Lot D-19 Unit B, also known as Lot D -19A or Lot D -19B, Aspen Glen Filing No. 1, Garfield County, Colorado. D. "Owner" means a person, persons, firm, corporation, partnership or association, or other legal entity, or any combination, owning an interest in the Parcels, and shall include, when the context permits, such Owner's family, agents, guests, invitees and, if such Owner is not a natural person, such Owner's ultimate natural person beneficial Owners. E. "Plat" means the Plat of the Lot filed on ! .e t 10 . .20 f ( as Reception No. $ (p -�(o -� of the Records of the Garfield County Clerk and Recorder, depicting and locating with specificity the Units and the Common Access Easement (if any,) which land and improvements are subject to this Supplemental Declaration. F. "Unit" means either Unit A or Unit B of Lot D-19, Aspen Glen Filing No. 1, according to the recorded Plat together with the improvements located upon each respective division of the Lot, the improvements thereon, and appurtenant rights and obligations. SECTION III DESCRIPTION AND RESERVATION Every Contract of Sale, Deed, Lease, Mortgage, Trust Deed, or other legal instrument affecting title to a Unit shall legally describe such Unit of the Lot or a real property interest therein as follows: Party Wall Agreement Page 2 mill K111,12110 L'X 110MUOU NIM)Mrilki 1111 Recept i orlii . 886768 72/20/2016 51:29:01 AM Jean Aiberico 3 of 13 Rao Fee;$71.00 Doe Fee:0.00 GARFIELD COUNTY CO Unit A or Unit B, (as the case may be) Lot D-19, Aspen Glen Filing No. 1, according to the Plat thereof and according to the Party Wall Agreement and Supplemental Declaration of Covenants, Conditions and Restrictions for Lot D-19, Aspen Glen Filing No. 1, recorded as Reception No. Mo ���, of the records of the County of Garfield, State of Colorado. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect the Units and all appurtenant rights, benefits and burdens thereto as created by the provisions of this Supplemental Declaration, and each such description shall be so construed. CTi.f TTnN 1V PROPERTY DIVISION. A. Declarant hereby establishes this plan for the subdivision of the Lot into two Units for Ownership in fee simple consisting of Unit A and Unit B. B. No Owner shall bring any action for partition or division of Unit A and Unit B from their appurtenant undivided interests in the Common Access Easement. C. In the event Unit A and Unit B are owned by the same person or entities, the doctrine of merger shall not apply. D. The parties, if more than one, having the Ownership of each such Unit shall agree among themselves how to share the rights and obligations of such Ownership; provided, however, that if a corporation, partnership, association or other legal entity shall become an Owner, or the parties, if more than one, have concurrent Ownership of a Unit, then such entity or concurrent Owners shall from time to time designate one individual who shall represent such entity or concurrent Owners in all matters concerning all rights and obligations pursuant to this Supplemental Declaration. E. Any such entity or concurrent Owners shall give written notice to the other Owner designating the individual to act on its or their behalf and such notice shall be effective until revoked in writing by such entity or Owners. Any act or omission by such designated individual shall be binding on the entity or Owners so designating him. F. Each Unit shall be considered a separate parcel of real property and shall be separately assessed and taxed. Party Wall Agreement Page 3 milli Reo - t ion# : MGM 12/20/2016 11:26:01 AM Jean ALber1C3 4 of 13 Rec Fee:S71.00 DQc Feec0-00 GARFTELD COUNTY CO SECTION V ENCROACHMENTS If any portion of the improvements associated with Unit A or Unit B now encroaches upon the other Unit as a result of the construction of any building, or if any such encroachment shall occur later as a result of settling or movement of any building, a valid easement for the encroachment and the maintenance of the same so long as the building stands, shall exist. In the event any building shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or eminent domain proceedings and then rebuilt, encroachments of parts of the building on the other Unit, due to such rebuilding, shall be permitted, so long as such encroachments are of no greater extent than those previously existing, and valid easements for such encroachments and the maintenance thereof shall exist so long as the building shall stand. SECTION VI PARTY WALL A. The common wall placed on the common boundary separating Unit A from Unit B, the footings underlying said wall and the portion of roof over such wall are collectively referred to as the "Party Wall." B. To the extent not inconsistent with this Supplemental Declaration, the general rules of law regarding party walls and liability for damage due to negligence or willful acts or omissions shall apply to the Party Wall. C. The Owners of either Unit shall have a perpetual easement in and to that part of the other Unit on which the Party Wall is located, for party wall purposes, including mutual support, maintenance, repair and inspection. In the event of damage to or destruction of the Party Wall from any cause, the Owners shall at joint expense, repair or rebuild the Party Wall, and each Owner shall have the right to the full use of the Party Wall so repaired and rebuilt. Notwithstanding anything contained above to the contrary, if the negligence or willful act or omission of any Owner, his family, agent or invitee, shall cause damage to or destruction of the Party Wall, such Owner shall bear the entire cost of repair or reconstruction, and an Owner who by his or her negligent or willful act causes the Party Wall to be exposed to the elements shall bear the full cost of furnishing the necessary protection against such elements. SECTION VII LANDSCAPING, SERVICE FACILITIES, AND PARKING Subject at all times to the relevant provisions of the Master Declaration: Party Wall Agreement Page 4 mill FIA1iAMR akgw h:aNib II ll{ Reaepi i or,# : 886768 12/20/2015 1;:2901 AM Jean Alherioo 5 of 13 Rec Fae:$71.00 Do Fee:0.013 GARFIELO COUNTY CO A. The Owners from time to time shall undertake such landscaping and general outdoor improvements including but not limited to driveway and parking areas as they may mutually and unanimously deem proper for the harmonious improvement of both Units in a common theme, and each Owner shall be solely responsible for all expenses, liabilities and general upkeep responsibilities with respect to such landscaping and outdoor improvements on the Unit of that Owner. The Owner of one Unit shall not unreasonably damage the value of the other Unit such as by shoddy upkeep outside, but both Owners shall make all reasonable efforts to preserve a harmonious common appearance of the Units. Nothing contained in this Supplemental Declaration shall be deemed to prevent either Owner from adding any additional natural landscaping, trees or similar items to such Owner's Unit, or from installing grass, all at the sole expense, maintenance and upkeep of such Owner, unless otherwise specifically agreed to by the Owners themselves. B. Common utility or service connections or lines, common facilities or other equipment and property located in or on either of the Units but used in common with the other Unit, if any, shall be owned as tenants in common in equal undivided one-half interests by the Owners of each Unit and, except for any expense or liability caused through the negligence or willful act of any Owner, his or her family, agent or invitee, which shall be borne solely by such Owner, all expenses and liabilities concerned with such property shall be shared proportionately with such Ownership. The Owner of the Unit on which such property is not located shall have a perpetual easement in and to that part of such other Unit containing such property as is reasonably necessary for purposes of maintenance, repair and inspection. SECTION VIII ALTERATION, MAINTENANCE AND REPAIRS Subject at all times to the relevant provisions of the Master Declaration: A. In addition to maintenance provided for, the Owners shall, at their own individual expense with respect to each respective Unit, provide exterior maintenance and exterior repair upon the Units and the unimproved portions of the Units including, but not limited to, the exterior walls and the roof housing the Units. Repair and replacement or cleaning of exterior windows shall be considered interior maintenance. If the need for repair or maintenance is caused through the negligence or willful act of any Owner, such Owner shall bear the entire cost of such repair or maintenance, even though the need for such repair or maintenance exists on the other Owner's Unit. B. In the event an Owner, at his or her own expense, fails to maintain, preserve, and replace as needed, the trees, shrubs and grass (the plantings), landscaping or other outdoor items within the property boundaries of his or her Unit commensurate with the standards set forth in the Master Declaration, the other Owner may, after 30 days written notice to the Owner, if such failure continues and if within that time the offending Owner has failed to make a good faith effort to bring his or her plantings, landscaping or other outdoor items into substantial conformity with the Party Wall Agreement Page 5 Reception#: 886768 12/20/2016 11:22:01 RM Jean Alberloo 6 of 13 Rec Fee:$71.00 Doc Fee:0.00 GARFIEID COUNTY CO neighbors plantings, landscaping or other outdoor items, contract with responsible parties to bring to standard the offending Owner's plantings, landscaping or other outdoor items and charge the offending Owner therefor and such cost shall be added to and become a charge and lien to which such Unit is subject. Each Owner grants to the other Owner, its agents and assigns, an irrevocable easement to perform the above work. C. Each Owner shall be solely responsible for maintenance and repair of the inside of his or her Unit including fixtures and improvements and all utility lines and equipment located there and serving such Unit only; window glass and frames shall be deemed interior maintenance. In performing such maintenance and repair, or in improving or altering his or her Unit, no Owner shall do any act or work which impairs the structural soundness of either Unit or the Party Wall or which interferes with any easement granted or reserved in this Supplemental Declaration. D. Utility or service connections or lines, facilities or other utility equipment and property located in, on or upon either of the Units, which are used solely to supply a service or utility to one Unit, shall be owned by the Owner of the Unit using such utility or service and all expenses and liabilities for repair and maintenance shall be borne solely by the Owner of such Unit, who shall have a perpetual easement in and to that part of such other Unit containing such property as is reasonably necessary for purposes of maintenance, repair and inspection. Such utility or service connections or lines, facilities or other utility equipment which serve both Units shall be the responsibility of the Owners of both Unit A and Unit B and expenses associated therewith shall be borne as provided under Section IX below. E. No Owner shall make or suffer any structural or design change (including a color scheme change), either permanent or temporary and of any type or nature whatsoever, upon any part of his or her Unit without first obtaining the prior written consent of the other Owner. The Units shall be painted in the same color scheme and at the same time, and both Units shall be maintained in the same manner. In the case of damage or destruction of any Unit or any part thereof by any cause whatsoever, the Owner of such Unit shall cause with due diligence the Unit to be repaired and restored, applying the proceeds of insurance, if any, for that purpose. Such Unit shall be restored to a condition comparable to that prior to the damage and in a harmonious manner to promote the common theme of both Units. SECTION IX ALLOCATION OF EXPENSES Costs and expenses of any common landscaping, service facilities, alteration, maintenance and repairs, including, without limitation, expenses related to the Party Wall, except as caused by the negligence or willful act of an Owner, shall be allocated in the following proportions: Party Wall Agreement Page 6 ■III NfAIVAPTALM101 IAIII+AM1111AU 11111 R002Ptlan#: 886768 1212x12016 11:28:01 AM Jean Alberlco 7 of 13 Roo Fee:S71.00 Doc Fee:G_00 GARFIELD COUNTY CO Unit A 60% Unit B 40% SECTION X MECHANIC'S LIENS: INDEMNIFICATION A. Except for items incurred as a common expense as provided for in this Supplemental Declaration, if any Owner shall cause any material to be f wnished to his or her Unit or any labor to be performed, the other Owner shall not under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished; all 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 materials to his or her Unit or any improvements; nothing shall authorize either Owner or any person dealing through, with or under either Owner to charge the Unit of the other Owner with any mechanic's lien or other lien or encumbrance whatever; and, on the contrary, the right and power to charge any lien or encumbrance of any kind against one Owner or against one Owner's Unit for work done or materials furnished to the other Owner's Unit is expressly denied. B. Except as provided for below, if, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the other Owner's Unit or any improvements, or against any other Owner (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his or her own cost and expense cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to such other Owner, within 20 days after the date of filing, and further shall indemnify and save the other Owner harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees. SECTION XI INSURANCE A. Each Owner shall acquire and at all times maintain a policy of insurance which shall insure its Unit and all fixtures against loss or damage by fire and extended coverage perils (including vandalism and malicious mischief) for the maximum insurable replacement cost thereof. If the Unit Owners collectively agree to do so, they shall jointly acquire and at all times maintain a policy of insurance which shall insure both Units and all fixtures against loss or damage by fire and extended coverage perils (including vandalism and malicious mischief) for the maximum insurable replacement cost thereof. The cost of such joint insurance shall be borne by each Owner in amounts mutually acceptable to the Owners at the time of acquisition of each such policy of insurance and at each renewal thereof. In the event the Owners cannot agree on the Party Wall Agreement Page 7 Bill f1�� l r� �4 1 11;�l lktx�lK kff Will Reception#: 886768 12120201& 15:29:01 AM .Ivan A16®rico 8 of 13 Rea Fee -$71.00 Doc Fe©:41.00 GARFtELn COUNTY CO allocation of the cost of such insurance, the cost thereof shall be allocated as set forth in Section IX. B. Each Owner shall provide and keep in force, for the Owner's protection, general public liability and property damage insurance against claims for bodily injury or death or property damage occurring in, on or upon, his or her Unit and any improvements, in a limit of not less than $500,000 in respect of bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and if higher limits shall at any time be customary to protect against possible tort liability, such higher limits shall be carried and each Owner shall name the other Owner as an additional insured party under such policy. C. Each Owner shall deliver to the other Owner certificates evidencing all insurance required to be carried under this paragraph, each containing agreements by the insurers not to cancel or modify the policies without giving the other Owner written notice of at least 30 days. Each Owner shall have the right, upon his or her reasonable request, to inspect and copy all such insurance policies of the other Owner and require evidence of the payment of individual premiums. SECTION XII DESTRUCTION OF IMPROVEMENTS ON UNIT A. In the event of damage or destruction to a Unit by fire or other disaster, the insurance proceeds, if sufficient to reconstruct the Unit, shall be deposited into a bank account which requires, for withdrawals, the signature of both the Owners, unless otherwise required by the insurance carriers, in which event the requirements of the insurance carriers shall establish the method of disbursement. The Owners shall then promptly authorize the necessary repair and reconstruction work and the insurance proceeds will be applied by the Owners to defray the cost. "Repair and reconstruction" of the Units means restoring the improvements to substantially the same condition in which they existed prior to the damage with such Unit having the same boundaries as before. B. If the insurance proceeds are insufficient to repair and reconstruct any damaged Unit, such damage or destruction shall be promptly repaired and reconstructed by the Owner using the insurance proceeds and the proceeds of a special assessment against the Owners of the damaged Unit. Any such assessments shall be equal to the amount by which the cost of reconstruction or repair of the Unit exceeds the sum of the insurance proceeds allocable to such Unit. Such assessments shall be due and payable not sooner than 30 days after written notice of the assessments. The special assessment provided for in this agreement shall be a debt of each Owner and a lien on his or her Unit and the improvements and may be enforced and collected by foreclosure proceedings in the Courts. C. Notwithstanding the above, the Owners and first mortgagees of any or all of the destroyed or damaged Units may agree that the destroyed or damaged Units shall immediately be Party Wall Agreement Page 8 mill M��> 1"ATI ,like4�irl ilwillY�[�i�YI�I �I Ill Receptforl 886768 1212QI241B 14:29:01 AM Joan R16erica 9 Of 13 Rec Fea,$71-co Dao Fa0:0.DD GARFIELD COUNTY CO demolished and all debris and rubble caused by such demolition be removed and the Unit(s) regraded and landscaped. The cost of such landscaping and demolition work shall be paid for by any and all insurance proceeds available. Any excess insurance proceeds shall then be disbursed to such Owners and their first mortgagees jointly. SECTION XIII RIGHT TO LIEN A. If an Owner, at any time, shall neglect or refuse to perform or pay his or her share of any obligation required under this Supplemental Declaration, the other Owner may, but shall not be obligated to, after 15 days written notice unless the circumstances required immediate action, make such payment or, on behalf of such other Owner, expend such sum as may be necessary to perform such obligation including, but not limited to, the payment of any insurance premiums required under this Supplemental Declaration or the undertaking of any work required under this Supplemental Declaration for repair, restoration or maintenance, and such other Owner shall have an easement in and to that part of such defaulting Owner's Unit as is reasonably necessary for such repair, restoration or maintenance. B. All sums so paid or expended by an Owner, with interest at the rate of 18 percent per year from the date of such payment or expenditures, shall be payable by the Owner so failing to perform (the "defaulting Owner") upon demand of the other Owner. C. All sums so demanded but unpaid by the defaulting Owner shall constitute a lien on the Unit of the defaulting Owner in favor of the other Owner prior to all other liens and encumbrances, except: (i) liens for taxes and special assessments; and (ii) the lien of any first mortgage or first deed of trust of record encumbering such Unit. The lien shall attach from the date when the unpaid sum shall become due and may be foreclosed in like manner as a mortgage on real property upon the recording of a notice or claim thereof executed by the non -defaulting Owner setting forth the amount of the unpaid indebtedness, the name of the defaulting Owner, and a description of the Unit. In any such foreclosure or any other collection proceeding the defaulting Owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees, all of which costs shall be included in the lien as provided in this agreement. D. The lien provided for in this Supplemental Declaration shall be subordinate to the lien of any first mortgage or deed of trust, including all additional advances. Sale or transfer of any Unit as the result of judicial foreclosure, mortgage foreclosure through the public trustee, or any proceeding in lieu of foreclosure, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer, but shall not relieve any former Owner of personal liability. The mortgagee of such Unit who acquires title by way of foreclosure or the taking of a deed in lieu of foreclosure shall not, however, be liable for future assessments on the date it becomes the Owner of such Unit. No sale or transfer shall relieve such Unit from liability for any assessments thereafter becoming due or from the lien thereof. In the event of the sale or Party Wall Agreement Page 9 Reception#: $86768 i212a12016 11:29:01 AM Jean Al bar 10 of 13 Rea Fee:$71.00 Doc Fee: 0.00 GARFIELD COUNTY CO transfer of a Unit with respect to which sums shall be unpaid by a defaulting Owner, except transfers to a first mortgagee in connection with a foreclosure of its lien or a deed in lieu thereof, the purchaser or other transferee of an interest in such Unit shall be jointly and severally liable with the seller or transferor for any such unpaid sums. E. Upon written request of any Owner, mortgagee, prospective mortgagee, purchaser or other prospective transferee of a Unit, the Owner of the other Unit shall issue a written statement setting forth the amount he or she is owed under this paragraph, if any, with respect to such Unit. Such statement is binding upon the executing Owner in favor of any person who may rely thereon in good faith. Unless a request for such statement shall be complied with within fifteen days after receipt, all unpaid sums which became due prior to the date of making such request shall be subordinated to the lien or other interest of the person requesting such statement. SECTION XIV ALL OWNERS RESPONSIBLE; MEDIATION Both Unit Owners shall be mutually responsible for the administration and management of the obligations created under this Supplemental Declaration. However, in the event both Owners cannot mutually agree when a decision is required by this Supplemental Declaration, the Owners shall attempt to resolve the impasse by first proceeding in good faith to submit the matter to mediation. The Owners will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within sixty (60) calendar days from the date written notice requesting mediation is sent by one Owner to the other, the mediation, unless otherwise agreed, shall terminate. In the event the mediation is terminated without resolving the entire dispute, the Owners may then seek appropriate relief as provided in Section XVIII hereof. SECTION XV NOTICE Each Owner shall register his or her mailing address with the other Owner and all notices or demands intended to be served upon Owners shall be sent by certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. In the alternative, notice may be delivered, if in writing, personally to Owners. SECTION XVI DURATION OF DECLARATION Unless amended as herein provided, each provision contained in this Supplemental Declaration shall continue and remain in full force and effect until 2046, and thereafter for Party Wall Agreement Page 10 mill NparvAlIANKMIN 10,NVRA'AW,1111 Reteption#., 886768 32/20/2046 11:29;01 AM Jean Alberlco 11 of 13 Rec Feo:$71.00 Doc Fee:0.00 GARFIELD COUNTY CO successive periods of 10 years each; unless during the calendar year of 2045 or at least 1 year prior to the expiration of any such 10 -year period of extended duration, this Supplemental Declaration is tenninated by recorded instrument, directing termination, signed by all Owners and all lienors holding a first mortgage or first deed of trust of record on any portion of Unit A or Unit B. SECTION XVII AMENDMENT OR REVOCATION This Supplemental Declaration may be amended or revoked only (a) by Declarant so long as Declarant owns both Unit A and Unit B, or (b) upon unanimous written approval in recordable form of all Owners and all lienors holding a first mortgage or first deed of trust of record on any portion of Unit A or Unit B. SECTION XVIII ENFORCEMENT AND REMEDIES A. In the event of any unresolved controversy or dispute arising in any way out of this Supplemental Declaration, the Owners of the Units agree that such controversy or dispute shall be submitted to final and binding arbitration in the State of Colorado according to the rules and practices of the American Arbitration Association from time to time in effect. The prevailing party in any such arbitration proceeding shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorney fees. Any award of such arbitration may be confirmed by the Court in accordance with the provisions of the Uniform Arbitration Act of 1975, C.R.S. 13-22-201, et seg., as amended. Notwithstanding the foregoing, either Owner, without first proceeding to arbitration, may bring an action in the District Court of Garfield County, Colorado, to foreclose any lien granted by the terms and conditions of this Supplemental Declaration. B. Failure to enforce any provision of this Supplemental Declaration shall not operate as a waiver of any such provision, the right to enforce such provision thereafter, or of any other provision hereof. SECTION XIX EXERCISE OF RIGHTS Any exercise of any rights granted under this Supplemental Declaration by one Owner with respect to the other Owner's Unit, including but not limited to the use of any easement granted, shall be exercised in a manner which shall not unreasonably hinder, impede or impose upon such other Owner's use of his or her Unit. Party Wall Agreement Page 1 I mill kF�1K�'�k�i�Il���hrkyl I'��kl���Ui�A�:r'����k'If�� �I ill Receptinnt3 885768 12I20I2016 11:29:01 AM Jean Alberico i2 of 13 Rec Fne1571.00 Dac Fee:0.00 GARFIELD COUNTY CO SECTION XX SUCCESSORS AND ASSIGNS Except as may otherwise be provided herein, this Supplemental Declaration shall be binding upon and shall inure to the benefit of Declarant and the Owner of each Unit, and the heirs, personal representatives, successors and assigns of each. SECTION XXI SEVERABILITY Invalidity or unenforceability of any provisions of this Supplemental Declaration in whole or in part shall not affect the validity or enforceability of any other provision hereof. SECTION XXII CAPTIONS The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Supplemental Declaration. SECTION XXIII CONSTRUCTION When necessary for proper construction, the masculine of any word used in this Supplemental Declaration shall include the feminine or neuter gender, and the singular the plural, and vice versa. Party Wall Agreement Page 12 ■III I��f1M�f�H�i�4i���'�w ����k,��'�E�I'����3wti'"�iiE����� �Illl Reaept tars# : 886766 12/20/2016 11:29:01 AM Jean Atberico 13 of 13 Rec Fee:$7i.f70 Doe Fee;0.00 GARFIELD COUNTY CO 2016. In Witness Whereof, Declarant has executed this Declaration on DECLARANT CARBONDALE GLEN SN a Delaware limited liability By: Robert Shapiro, Manager STATE OF C r tQ C,1 r fi, ) ) ss. COUNTY OF Las S ) SS VISTA, LLC, The foregoing document was acknowledged before me this o� day of {— 2016 by Robert Shapiro as Manager of Carbondale Glen Sweetgrass Vista, C, a Delaware limited liability company. Witness my hand and official seal. NOTARY PUBLIC My commission expires: 2% 111 s Address: '-61(Z VQO o►>nQ C.A. W�Sk Hill s CA Cl r MISCHA FRIEND COMMISSIOn #r 2056576 z '� Notary Pahiic . Ca Illornlz x Los Ar1gNes County �* ioh+i COMM. U fires Feb 1 9010 ~ Party Wall Agreement Page 13