06-10-2015 Restrictive Covenant Lot 1A On Use Per Avon MOB LLCEagle County, CO 201510805
Teak J Simonton 06/15/2015
Pgs: 3 03:23:16 PM
REC: $21.00 DOC: $0.00
After recording return to:
E- RECORDED
TOWN OF AVON IM10OcuWwtWwe -
P.O. Box 975
One Lake Street
Avon, CO 81620
RESTRICTIVE COVENANT ON USE
THIS RES=LQTIVE COVENANT ON USE ( "Restrictive Covenant ") is granted +.leis 197_
day of _ )per. , 2015, but effective as of June 8, 2015 by Avon MOB LLC, a limited
liability company organized in the state of Delaware ( "Grantor "), to TOWN OF AVON, a
home rule municipal corporation of the State of Colorado, having its address at One Lake Street,
P.O. Box 975, Avon, CO 81620 ( "Grantee ").
For good and valuable consideration, the receipt and sufficiency of which Grantor and
Grantee acknowledge, Grantor hereby conveys and grants to Grantee this Restrictive Covenant
on Lot IA, Buck Creek Subdivision, Filing No. 1, according to the plat recorded June 8, 2015
under Reception No. 201510237, County of Eagle, State of Colorado ("Property'. The
Restrictive Covenant grants to the Grantee the right to restrict and prohibit the following uses of
the Property:
• Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership/Vacation Club
• Hotel, Motel and Lodge
• College or University
• Theatre/Performance Hall
• Furniture Shop
• Home Improvement Store, under 25,000 sqA
All terms regarding use shall be interpreted in accordance with the Avon Development Code,
Title 7 of the Avon Municipal Code. Grantee may enforce this Restrictive Covenant by law
and/or equity and shall be entitled to recover all costs, including reasonable attorneys' fees, for
enforcement of this Restrictive Covenant. This Restrictive Covenant shall burden and run with
the land. This Restrictive Covenant is entered into by and between Grantor and Grantee, and is
solely for the benefit of Grantor and Grantee and their respective successors and assigns and
does not create rights or responsibilities in any third parties beyond Grantor and Grantee. The
restrictions and terms contained herein shall not be waived, released, abandoned, or terminated
except by written consent of the Grantee. This Restrictive Covenant shall not be amended except
in writing signed by Grantee and Grantor.
After recording return to:
TOWN OF AVON
P.O. Box 975
One Lake Street
Avon, CO 81620
E- RECORDED
S0Q0QWMW V"�oaio�o��
RESTRICTIVE COVENANT ON USE 41
THIS RESTIVE COVENANT ON USE ( "Restrictive Covenant ") is granted this
day of _ T , fhb. ' 2015, but effective as of June 8, 2015 by Avon MOB LLC, a limited
liability company organized in the state of Delaware ( "Grantor "), to TOWN OF AVON, a
home rule municipal corporation of the State of Colorado, having its address at One Lake Street,
Pb. Box 975, Avon, CO 81620 ( "Grantee ").
For good and valuable consideration, the receipt and sufficiency of which Grantor and
Grantee acknowledge, Grantor hereby conveys and grants to Grantee this Restrictive Covenant
on Lot 1A, Buck Creek Subdivision, Filing No. 1, according to the plat recorded June 8, 2015
under Reception No. 201510237, County of Eagle, State of Colorado ( "Property "). The
Restrictive Covenant grants to the Grantee the right to restrict and prohibit the following uses of
the Property:
• Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership /Vacation Club
• Hotel, Motel and Lodge
• College or University
• Theatre/Performance Hall
• Furniture Shop
• Home Improvement Store, under 25,000 sq.ft.
All terms regarding use shall be interpreted in accordance with the Avon Development Code,
Title 7 of the Avon Municipal Code. Grantee may enforce this Restrictive Covenant by law
and/or equity and shall be entitled to recover all costs, including reasonable attorneys' fees, for
enforcement of this Restrictive Covenant. This Restrictive Covenant shall burden and run with
the land. This Restrictive Covenant is entered into by and between Grantor and Grantee, and is
solely for the benefit of Grantor and Grantee and their respective successors and assigns and
does not create rights or responsibilities in any third parties beyond Grantor and Grantee. The
restrictions and terms contained herein shall not be waived, released, abandoned, or terminated
except by written consent of the Grantee. This Restrictive Covenant shall not be amended except
in writing signed by Grantee and Grantor.
GRANTOR:
AVON MOB LLC, a Delaware limited liability company
By: Avon MOB Investors LLC, a Delaware
limited liability company
Its: Managing Member
By: NexCore PEP Holdings LLC, a
Colorado limited liability company
Its: Member and Manager
By: NexCore Development LLC, a Delaware
limited liability company
Its: Managing Member
By: NexCore Real Estate LLC, a Delaware
limited liability company
Its: Managing Member
By: NexCore Healthcare Capital Corp, a
Its:
By:
Name:
Title:
STATE OF a ` �0 )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me. this 15 day of X-2
2015, by ,;/ Lkid ova , as �� &&rd Czn�l , of NexCore4lealthcare Capital
Corp, Manager of NexCore Real Estate LLC, Managing Member of NexCore Development
LLC, Managing Member of NexCore PEP Holdings LLC, Member and Manager of Avon MOB
Investors LLC, Managing Member of Avon MOB LLC.
WITNESS MY HAND AND OFFICIAL SEAL.
L E . (s " �ell - 15 -,-e / 'y —
NOTAR 'PUBLIC My commission expires:
AYE E. BAS `
NOTARY PUBLIC
ATARY ID 1 OLO
L:i Q n
E7cPRE3
AGREED AND ACCEPTED:
Town of Avon, a home rule municipal corporation of the State of Colorado
1 -
BY: ATTEST:
ennie Fancher, Mayor
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoin instrument was acknowledged before me this day of Jape-, 2015, by �� I 1pf , as Ma I jaC , of Town of Avon.
WITNESS MY HAND AND OFFICIAL SEAL. p
16T AR"
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VTAF PUBLIC My commiss , n expires:
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