07-09-1998 Swift Guld Works Complex Holy Cross Service AGMemo
To:. Honorable Mayor and Town Council
Thru: Bill Eiting, Town Manager
From:, Norm Wood,, Town Engineer
Date: July 9, 1998
Re: Swift GuIch Public Works Complex
Holy Cross Electric Association, 1pp. - Service Agreement
Summat V_:. Holy Cross Electric Association, Inc. has submitted the attached
Agreement regarding costs associated with providing electric service to the Swift Gulch
Public Works Complex.. Holy. Cross. Electric has estimated total cost of underground.
construction will be $ 42,900:00_ They expect to recover $3.7,200.00 of this cost from
anticipated revenues from the .complex, leaving a required -non-recoverable contribution .
of $,5,700-00- This cast is included in the Project Budget.
An Underground Right -of Way Easement and a. Trenck Conduit, and Vault Agreement
are .also .attached. This Easement.and Agreement are in conjunction with electric service
agreement.
Approval of the Service Agreement, Underground Right =of =Way Easement and the Trench
Conduit and Vault Agreement is recommended.
Financial il'1 plicationS: The $ 55700.00 cost associated with this .agreement
was anticipated and has been included in the Project Budget.
Recommendations: Approve Holy Cross Electric Association; Inc., Electric
Service Agreement, Underground Right-of-Way Easement and Trench Conduit and Vault
Agreement for the Swift Gulch Public Works Complex.
Town Manager Comments:
HOLY CROSS ELECTRIC ASSOCIATION, INC.
3799 HIGHWAY 82
P.O. DRAWER 2150 (970) 945 -5491
GLENWOOD SPRINGS, COLORADO 81602 (FAX) 945 -4081
July 7, 1998
Mr. Norman Wood
Town of Avon
P. O. Box 975
Avon, Colorado 81620
RE: Avon Swift Gulch Public Works Electric Service
Dear Mr. Wood:
We have completed a re- design and cost re- estimate for providing electric service to the above referenced
project. Our facilities will be installed as shown on the attached sketch.
Holy Cross Electric estimates that the cost of construction will be as follows:
Total estimated cost of underground construction , $42,900.00
Holy Cross Electric investment secured by revenues being
received from the existing Public Works building and
anticipated revenues from this complex (37.200.00)
Contribution in aid of underground construction
(nonrecoverable) required $ 5,700.00
The above figures are only estimates. After the job has been completed, the actual cost of construction
will be determined. Holy Cross Electric's actual investment consisting of equivalent overhead credits will
be deducted from this total. Your contribution will be adjusted to reflect the actual contribution required,
including conduits previously installed by Holy Cross Electric for said project. Execution of this document
constitutes agreement by the Town of Avon to pay the actual contribution costs in a timely manner.
Our power facilities must be installed on an easement. Please execute and return the enclosed document
The following conditions are hereby noted:
Lot corners or other locations will be provided by the developer as needed to ensure that our
facilities are installed as shown on the attached sketch.
Holy Cross Electric has implemented a policy which requires that project owners provide all
excavation, backfill, compaction and cleanup needed for installation of the underground power
system extension to serve their new development. The owner must also set all vaults and install
all conduits as specified by Holy Cross Electric's design for the project and the enclosed
construction specifications. Holy Cross Electric will supply all- material which can be picked up by
the owner at the appropriate storage yard. The cost of this material is included in the job cost
estimate. The attached Trench Agreement must be properly executed and returned prior to the
start of excavation.
3. No excavation will be undertaken within five (5) feet of existing underground power lines except
under the on site supervision of a qualified Holy Cross Electric employee.
4. The route of our proposed underground power line extension must be at final grade and free of
obstructions before power line construction is started.
5. All water lines, sewer lines, or other excavations in conflict with our proposed facilities must be
completed, backfilled and clearly marked before power line construction can be started.
6. Secondary voltage available to the relocated Administration building will be 208Y/120, three -
phase.
7. Secondary voltage available to building 'E' will be 480Y/277.
8. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross
Electric specifications. All meter locations must be approved. Any service over 200 amps or 240
volts must have prior written approval from Holy Cross Electric.
9. It will be your responsibility to extend underground secondary entrance conductors from the pad -
mounted transformer to points of power usage.
10. All underground services shall be installed in conduit ahead of the meter. All underground
services must be in conduit beneath roads, driveways, and other areas of difficult excavation.
11. The meter housing must be positioned so the meter faces a driveway or road.
Mr. Norman Wood
Town of Avon
,July 7, 1998
Page Two
12. Low voltage starting will be required on all three -phase motors larger than 25 HP and all single -
phase motors larger than 10 HP.
13. Motor protection from phase loss and other voltage problems should be provided. This
equipment shall be installed and maintained at the expense of the consumer.
14. It shall be the consumer's responsibility to protect their electric equipment from temporary over
voltage or under voltage situations resulting from causes beyond the control of Holy Cross
Electric.
15. The above mentioned cost estimate does not include connect fees or meter deposits, if required.
Arrangements for payment of these items and for scheduling the actual meter installation should
be made through the local Holy Cross Electric office.
16. We attempt to complete all projects in a timely manner. However, highest priority is given to
maintaining service to our existing consumers. This fact, along with inevitable construction
delays, will not allow us to guarantee a project completion date.
17. All Holy Cross Electric rules and regulations will be followed.
When Holy Cross Electric is in receipt of all necessary executed easements, other permits, if required, the
executed trench agreement, and the signed original of this letter agreement (below), the job can be
scheduled for construction.
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC.
Ted Huskey,
Engineering Service Supervisor
TH: rj m
Enclosure
The above terms and conditions
are hereby agreed to and accepted
By:
Title:
Date:
W/0#98- 16018:50- 69:Avon Swift Gulch Public Works 30
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HOLY CROSS ELECTRIC ASSOCIATION, INC.
UNDERGROUND RIGHT -OF -WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF AVON, A MUNICIPAL CORPORATION
(hereinafter called "Grantor "), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation whose post office address is P. O.
Drawer 2150, Glenwood Springs, Colorado (hereinafter called "Grantee ") and to its successors and assigns, the right of
ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows:
That part of the S 1/2 NE 1/4 NE 1/4 of Section 12, Township 5 South, Range 82 West of the Sixth P. M., as
recorded in book 653 at page 37 in the office of the Eagle County, Colorado Clerk and Recorder.
And, to construct, reconstruct, repair, change, enlarge, re- phase, operate, and maintain an underground electric
transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in
connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon
an easement described as follows:
An easement ten (ten) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part
hereof by reference.
The rights herein granted specifically allow Grantee to install additional underground and /or pad- mounted facilities within
the easement described by the attached exhibit.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right
to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the
implementation and use of the rights hereinabove granted. Grantor agrees that landscaping and other surface
improvements made on said easement will be minimized and that any damage caused to said landscaping and
improvements by Grantee during exercise of any of its rights granted by this easement shall be repaired by the Grantor at
its expense.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following:
TO HAVE AND TO HOLD, said right -of -way and easement, together with all and singular, the rights and privileges
appertaining thereto, unto Grantee, its successors and assigns, forever.
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of
, 19
STATE OF
) ss.
COUNTY OF
The b
e foregoing instrument was acknowledged before me this
y
of the TOWN OF AVON, A MUNICIPAL CORPORATION
WITNESS my hand and official seal.
My commission expires:
W/0#98- 16018:50- 69:Swift Gulch Public Works 30 UG:4 -13 -98
h u skey\townofavon.let
TOWN OF AVON, A MUNICIPAL CORPORATION
By:
Titl
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Address:
Notary Public
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TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this day of , 19 , between TOWN OF AVON,
A MUNICIPAL CORPORATION, whose mailing address is P. 0. Box 975, Avon, Colorado 81620, hereinafter called "Owner ",
and Holy Cross Electric Association, Inc., whose mailing address is P. 0. Drawer 2150, Glenwood Springs, Colorado 81602,
a Colorado Corporation, hereafter called "Holy Cross ".
WHEREAS, Holy Cross has been requested by the Owner to provide underground electric service within an easement
traversing certain real property described as follows: that part of the S 1/2 NE 1/4 NE 1/4 of Section 12, Township 5
South, Range 82 West of the Sixth P. M., as recorded in book 653 at page 37 in the office of the Eagle County, Colorado
Clerk and Recorder; and
WHEREAS, installation of such underground electric service will require trench and other excavations both within and
outside of the above described project property; and
WHEREAS, the Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup
needed to construct the required underground electric facilities.
NOW THEREFORE, the Owner and Holy Cross agree as follows:
1. The Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for
installation of underground electric service to the above mentioned project. Such excavation shall be located as shown
on the construction drawing and performed as specified by Holy Cross.
a. All excavation, both within and outside the above described project property, shall be within dedicated or
conveyed and recorded utility easements. The top of all power facilities, excluding vaults, will be installed 48"
below final grade.
b. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of
contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has
been issued to and signed for'by Owner.
c. In the event that conduits or any other installation provided by Owner are found to be unusable or improperly
constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible
for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all
additional costs resulting from said conduits or other installation being unusable or improperly constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable excavation, the Owner shall perform work
hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees,
providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees
connected with its work on the project.
3. The Owner shall obtain all necessary digging permits and utility locations prior to excavation. The Owner shall repair
all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5)
feet of existing underground power lines except under the on site supervision of a qualified Holy Cross employee.
4. The Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss,
liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons
that may arise out of work performed hereunder. The Owner shall promptly defend Holy Cross whenever legal
proceedings of any kind are brought against it arising out of work performed hereunder. In the event Owner shall fail
to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and
attorney fees incurred in defending any such legal proceeding. The Owner agrees to satisfy, pay, and discharge any
and all judgments and fines rendered against Holy Cross arising out of any such proceedings.
5. The Owner shall repair any excavation settlement and damage to asphalt paving or other surface improvements
caused by such settlement resulting from work performed hereunder, both within and outside the above described
project property, for a period of two (2) years from the date backfill and cleanup are completed.
6. In the event the Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by
Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and
obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt by Owner, Holy
Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of
completion shall be chargeable and collectible from the Owner. In the event that litigation is necessary to collect such
obligation, Holy Cross shall be entitled to its reasonable attorney fees and costs of suit.
7. As set forth in paragraph 1 a above, Owner covenants that the trench, and all facilities within the trench shall be
located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It
shall be the obligation of the Owner to properly locate and construct the facilities within the easement. After
completion of construction, if it should later be discovered that such facilities have not been properly located within
dedicated or conveyed and recorded utility easements, it shall be the obligation of the Owner to provide new
easements for the actual location of the facilities, or to relocate the facilities within the easement, all of which shall be
at the sole cost and expense of the Owner.
8. The Owner covenants that it is the owner of the above described property and that said property is free and clear of
encumbrances and liens of any character, except those held by the following:
The promises, agreements and representations made by the Owner herein shall be covenants that run with the land
and shall be binding upon the successors in interest, and assigns, of the property hereinabove described.
HOLY CROSS ELECTRIC ASSOCIATION, INC.
By:
Kent Benham, General Manager
TOWN OF AVON, A MUNICIPAL CORPORATION
By:
Title:
W/O #98- 16018:50- 69:Swift Gulch Public Works 30 UG:4 -13 -98 huskey \townofavon.let
Revised 4 -3 -97
STATE OF
) ss.
COUNTY OF
The b
e foregoing instrument was acknowledged before me this
y as
of the TOWN OF AVON, A MUNICIPAL CORPORATION
WITNESS my hand and official seal.
My commission expires:
STATE OF
) ss.
COUNTY OF
day of
Address:
Notary Public
The foregoing instrument was acknowledged before me this day of
19 , by KENT BENHAM, GENERAL MANAGER of HOLY CROSS ELECTRIC ASSOCIATION, INC.
WITNESS my hand and official seal.
My commission expires:
Address:
Notary Public
W/0#98- 16018:50- 69:Swift Gulch Public Works 30 UG:4 -13 -98 h u skey\townofavon. let Revised 4 -3 -97
CONSTRUCTION SPECIFICATIONS
TRENCH AND CONDUIT
1. Trench will be excavated deep enough to ensure that the top of installed power facilities will be 48" below
finished grade. Special care must be taken to insure that the top of conduits will be 48" below the bottom
of drainage ditches and all other low areas. Where initial excavation is less than 48" in depth due to
planned subsequent fill, service will not be provided until final grade is reached.
2. TRENCH WILL BE AS STRAIGHT AS POSSIBLE BETWEEN VAULTS AND SHALL HAVE A SMOOTH BOTTOM FREE
OF ROCKS. A MINIMUM OF 4" OF SOIL WILL BE PLACED OVER ANY ROCKS LEFT IN THE TRENCH PRIOR TO
CONDUIT INSTALLATION. ANY SOIL PLACED IN THE TRENCH TO COVER ROCKS OR SMOOTH OUT LOW
PLACES WILL BE COMPACTED PRIOR TO CONDUIT INSTALLATION AND THE TRENCH BOTTOM REGRADED.
3. Power facilities to be placed parallel to deeper utilities will have a horizontal separation from the deeper
utility greater than the depth of such utility below final grade. When crossing a deeper utility is
unavoidable, the crossing will be made as close to perpendicular as possible.
4. If cable television or telephone facilities are placed in the power trench, a minimum of 6" horizontal
separation must be maintained between the power facilities and the other utilities. In no case will facilities
of another utility installed in the trench be placed at a greater depth than the power facilities.
Backfill and compaction will be performed as required by the governmental entity or other party having
jurisdiction.
6. Conduit joints shall be knocked completely home during gluing. A pull string will be placed through each
conduit and tied off in' the vault at each end. No unnecessary bends will be allowed in conduit runs. Any
bend allowed will not be closer than 5 feet to a vault. Changes in construction from that shown on the
project plans will not be made without prior written approval from Holy Cross Electric. A wire brush will
be pulled through each conduit, after installation is complete, to remove rocks and other foreign items.
7. Conduit shall be covered with at least 4" of rock -free soil or sand prior to backfill. Large rocks shall not be
pushed in directly on top of this 4" cover. Care must be taken to avoid damage to conduits or cables
during backfill and compaction.
8. Holy Cross must inspect all conduit installation before the conduit is covered and again after covering, but
prior to backfill.
9. Conduits ending outside a vault shall be capped and marked with a 4" x 4" post. Individual conduits shall
enter each vault at a consistent location.
10. Red trench marking tape will be supplied by Holy Cross Electric and shall be installed 18" above the
conduit or cable during backfill.
VAULTS
Vaults shall be installed as follows:
A. Splice vaults shall be installed with the manhole at or slightly above final grade.
B. Transformer vaults and switchgear vaults will be installed with the bottom of the pad at final grade.
C. Where vaults are set into hillsides or sloped cuts, the downhill side of the vault will be graded
according to A. or B. above. The slope behind the vault will be laid back sufficiently to prohibit soil or
rocks from sloughing into the pad- mounted equipment or onto the manhole. If the slope cannot be
laid back far enough, a retaining wall shall be constructed behind the vault.
D. All vaults will be installed so that the top pad is level.
E. Pads or lids will be placed at the time of vault installation unless otherwise requested by Holy Cross
Electric.
F. All vault pieces shall be jointed with a tar type sealant (when provided by Holy Cross Electric) with the
exception of the vault pad or vault lid.
2. Holes knocked in vaults for conduit installation shall be as small as possible and shall be grouted closed
on the outside of the vault prior to backfill.
3. Conduit shall enter vaults perpendicular to the vault wall, about 2" above the floor of the vault, and about
2' from any adjacent walls and shall have a minimum separation of 1 inch between conduits.
4. Conduit will be cut off 2" to 4" from the inside wall of the vault.
5. Pedestals for other utilities shall not be located closer than 10 feet to a vault on sides where transformers
or switchgear will have access doors. Pedestals shall not be located closer than 3 feet to a vault on sides
where the pad- mounted equipment will not have access doors.
6. Holy Cross Electric provided ground rods shall be fully driven with no more than six inches of rod
exposed above the earth within the cavity provided in the center of the vault base. Holy Cross Electric
must approve any other installation where soil conditions will not permit the ground rod to be fully driven.
e \con- spec \revised 2 -24 -94
HOLY CROSS ELECTRIC ASSOCIATION, INC.
3799 HIGHWAY 82
P.O. DRAWER 2150
GLENWOOD SPRINGS, COLORADO 81602
July 7, 1998
Mr. Norman Wood
Town of Avon
P. 0. Box 975
Avon, Colorado 81620
RE: Avon Swift Gulch Public Works Electric Service
Dear Mr. Wood:
(970) 945 -5491
(FAX) 945 -4081
We have completed a re- design and cost re- estimate for providing electric service to the above referenced
project. Our facilities will be installed as shown on the attached sketch.
Holy Cross Electric estimates that the cost of construction will be as follows:
Total estimated cost of underground construction $42,900.00
Holy Cross Electric investment secured by revenues being
received from the existing Public Works building and
anticipated revenues from this complex (37.200.00)
Contribution in aid of underground construction
(nonrecoverable) required $ 5,700.00
The above figures are only estimates, After the job has been completed, the actual cost of construction
will be determined. Holy Cross Electric's actual investment consisting of equivalent overhead credits will
be deducted from this total. Your contribution will be adjusted to reflect the actual contribution required,
including conduits previously installed by Holy Cross Electric for said project. Execution of this document
constitutes agreement by the Town of Avon to pay the actual contribution costs in a timely manner.
Our power facilities must be installed on an easement. Please execute and return the enclosed document.
The following conditions are hereby noted:
Lot corners or other locations will be provided by the developer as needed to ensure that our
facilities are installed as shown on the attached sketch.
Holy Cross Electric has implemented a policy which requires that project owners provide all
excavation, backfill, compaction and cleanup needed for installation of the underground power
system extension to serve their new development. The owner must also set all vaults and install
all conduits as specified by Holy Cross Electric's design for the project and the enclosed
construction specifications. Holy Cross Electric will supply all material which can be picked up by
the owner at the appropriate storage yard. The cost of this material is included in the job cost
estimate. The attached Trench Agreement must be properly executed and returned prior to the
start of excavation.
3. No excavation will be undertaken within five (5) feet of existing underground power lines except
under the on site supervision of a qualified Holy Cross Electric employee.
4. The route of our proposed underground power line extension must be at final grade and free of
obstructions before power line construction is started.
5. All water lines, sewer lines, or other excavations in conflict with our proposed facilities must be
completed, backfilled and clearly marked before power line construction can be started.
6. Secondary voltage available to the relocated Administration building will be 208Y/120, three -
phase.
7. Secondary voltage available to building 'E' will be 480Y/277.
8. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross
Electric specifications. All meter locations must be approved. Any service over 200 amps or 240
volts must have prior written approval from Holy Cross Electric.
9. It will be your responsibility to extend underground secondary entrance conductors from the pad -
mounted transformer to points of power usage.
10. All underground services shall be installed in conduit ahead of the meter. All underground
services must be in conduit beneath roads, driveways, and other areas of difficult excavation.
11. The meter housing must be positioned so the meter faces a driveway or road.
Mr. Norman Wood
Town of Avon
July 7, 1998
Page Two
12. Low voltage starting will be required on all three -phase motors larger than 25 HP and all single -
phase motors larger than 10 HP.
13. Motor protection from phase loss and other voltage problems should be provided. This
equipment shall be installed and maintained at the expense of the consumer.
14. It shall be the consumer's responsibility to protect their electric equipment from temporary over
voltage or under voltage situations resulting from causes beyond the control of Holy Cross
Electric.
15. The above mentioned cost estimate does not include connect fees or meter deposits, if required.
Arrangements for payment of these items and for scheduling the actual meter installation should
be made through the local Holy Cross Electric office.
16. We attempt to complete all projects in a timely manner. However, highest priority is given to
maintaining service to our existing consumers. This fact, along with inevitable construction
delays, will not allow us to guarantee a project completion date.
17. All Holy Cross Electric rules and regulations will be followed.
When Holy Cross Electric is in receipt of all necessary executed easements, other permits, if required, the
executed trench agreement, and the signed original of this letter agreement (below), the job can be
scheduled for construction.
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC.
Ted Huskey,
Engineering Service Supervisor
TH: rj m
Enclosure
The above terms and conditions
are hereby agreed to and accepted
By:
Title: /L7.110/
Date:
W/0#98- 16018:50- 69:Avon Swift Gulch Public Works 30
H uskey \townofavon.let
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HOLY CROSS ELECTRIC ASSOCIATION, INC.
UNDERGROUND RIGHT -OF -WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF AVON, A MUNICIPAL CORPORATION
(hereinafter called "Grantor "), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation whose post office address is P. O.
Drawer 2150, Glenwood Springs, Colorado (hereinafter called "Grantee ") and to its successors and assigns, the right of
ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows:
That part of the S 1/2 NE 1/4 NE 1/4 of Section 12, Township 5 South, Range 82 West of the Sixth P. M., as
recorded in book 653 at page 37 in the office of the Eagle County, Colorado Clerk and Recorder.
And, to construct, reconstruct, repair, change, enlarge, re- phase, operate, and maintain an underground electric
transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in
connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon
an easement described as follows:
An easement ten (ten) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part
hereof by reference.
The rights herein granted specifically allow Grantee to install additional underground and /or pad- mounted facilities within
the easement described by the attached exhibit.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right
to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the
implementation and use of the rights hereinabove granted. Grantor agrees that landscaping and other surface
improvements made on said easement will be minimized and that any damage caused to said landscaping and
improvements by Grantee during exercise of any of its rights granted by this easement shall be repaired by the Grantor at
its expense.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee
and shall be removable at the option of Grantee.
Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following:
TO HAVE AND TO HOLD, said right -of -way and easement, together with all and singular, the rights and privileges
appertaining thereto, unto Grantee, its successors and assigns, forever.
IN WITNESS VyHEREOF, Grantor has caused these presents to be duly executed on this 114 day of
"5 t�.l ! , 19 t �,
TOWN OF AVON, A MUNICIPAL CORPORATION
By:
Tit +e:,i E� ,
R
STATE OF C AiIC O 1k
ss.
COUNTY OF
The foregoing instrument Was acknowledged before me this day of
19 K_E:, by as
of the TOWN OF AVON, A MUNICIPAL CORPORATION
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address: / "X (�?`_�
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W/O #98- 16018:50- 69:Swift Gulch Public Works 30 UG:4 -13 -98
hus key\townofavo n.let
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TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this day of , 19 , between TOWN OF AVON,
A MUNICIPAL CORPORATION, whose mailing address is P. O. Box 975, Avon, Colorado 81620, hereinafter called "Owner ",
and Holy Cross Electric Association, Inc., whose mailing address is P. O. Drawer 2150, Glenwood Springs, Colorado 81602,
a Colorado Corporation, hereafter called "Holy Cross ".
WHEREAS, Holy Cross has been requested by the Owner to provide underground electric service within an easement
traversing certain real property described as follows: that part of the S 1/2 NE 1/4 NE 1/4 of Section 12, Township 5
South, Range 82 West of the Sixth P. M., as recorded in book 653 at page 37 in the office of the Eagle County, Colorado
Clerk and Recorder; and
WHEREAS, installation of such underground electric service will require trench and other excavations both within and
outside of the above described project property; and
WHEREAS, the Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup
needed to construct the required underground electric facilities.
NOW THEREFORE, the Owner and Holy Cross agree as follows:
1. The Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for
installation of underground electric service to the above mentioned project. Such excavation shall be located as shown
on the construction drawing and performed as specified by Holy Cross.
a. All excavation, both within and outside the above described project property, shall be within dedicated or
conveyed and recorded utility easements. The top of all power facilities, excluding vaults, will be installed 48"
below final grade.
b. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of
contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has
been issued to and signed for by Owner.
c. In the event that conduits or any other installation provided by Owner are found to be unusable or improperly
constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible
for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all
additional costs resulting from said conduits or other installation being unusable or improperly constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable excavation, the Owner shall perform work
hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees,
providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees
connected with its work on the project.
3. The Owner shall obtain all necessary digging permits and utility locations prior to excavation. The Owner shall repair
all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5)
feet of existing underground power lines except under the on site supervision of a qualified Holy Cross employee.
4. The Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss,
liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons
that may arise out of work performed hereunder. The Owner shall promptly defend Holy Cross whenever legal
proceedings of any kind are brought against it arising out of work performed hereunder. In the event Owner shall fail
to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and
attorney fees incurred in defending any such legal proceeding. The Owner agrees to satisfy, pay, and discharge any
and all judgments and fines rendered against Holy Cross arising out of any such proceedings.
5. The Owner shall repair any excavation settlement and damage to asphalt paving or other surface improvements
caused by such settlement resulting from work performed hereunder, both within and outside the above described
project property, for a period of two (2) years from the date backfill and cleanup are completed.
6. In the event the Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by
Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and
obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt by Owner, Holy
Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of
completion shall be chargeable and collectible from the Owner. In the event that litigation is necessary to collect such
obligation, Holy Cross shall be entitled to its reasonable attorney fees and costs of suit.
7. As set forth in paragraph 1 a above, Owner covenants that the trench, and all facilities within the trench shall be
located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It
shall be the obligation of the Owner to properly locate and construct the facilities within the easement. After
completion of construction, if it should later be discovered that such facilities have not been properly located within
dedicated or conveyed and recorded utility easements, it shall be the obligation of the Owner to provide new
easements for the actual location of the facilities, or to relocate the facilities within the easement, all of which shall be
at the sole cost and expense of the Owner.
8. The Owner covenants that it is the owner of the above described property and that said property is free and clear of
encumbrances and liens of any character, except those held by the following:
The promises, agreements and representations made by the Owner herein shall be covenants that run with the land
and shall be binding upon the successors in interest, and assigns, of the property hereinabove described.
HOLY CROSS ELECTRIC ASSOCIATION, INC. TOWN OF AVON, A MUNICIPAL CORPORATION
By: By:
Kent Benham, General Manager �-
Title:
W/0#98- 16018:50- 69:Swift Gulch Public Works 30 UG:4 -13 -98 huskey\towndavon.let Revised 4 -3 -97
STATE OF 6'011A('i!r
ss.
COUNTY OF 11
The foregoing inst ument as acknowledged before me this day of (t /
19 L , by Y 1 1)c6 as -/7
of the TOWN OF AVON, A MUNICIPAL CORPORATION
WITNESS my hand and offi ' I seal.
My commission expires: 1. '5, 49 ,1.�.:
y C Notary Public
1 �
Address:
STATE OF t )'. �', ': L,. •._..,� r `rJ
�.:ss. y
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
19 , by KENT BENHAM, GENERAL MANAGER of HOLY CROSS ELECTRIC ASSOCIATION, INC.
WITNESS my hand and official seal.
My commission expires:
Address:
Notary Public
W/0#98- 16018:50- 69:Swift Gulch Public Works 30 UG:4 -13 -98 huskey\townofavon.let Revised 4 -3 -97
F'TR^,�'� A_ME9lR3LC7Z1k4
PaOz BOX 1980 318 BROADWAY EAGLE, CO, 81631
umim! umu oj lomi
ORDER #: ES00847B94-3
PROP, ADDR.:
OWNER/BUYER: TOWN OF AVON, A MUNICIPAL CORPORATION
PLEASE DELIVER TO THE CUSTOMERS CHECKED BELOW:
--TO: TOWN OF AVON COPIES 01
PzOz BOX 975
AVON, CO 01620
ATTN:
TO COPIES 00
ATTN:
TO- COPIES : 00
ATTN-
TO- COPIES : 00
ATTN _!
TO- COPIES
ATTN;
TO: COPIES
ATTN -
TO- COPIES
ATTN-
RECEIVED
JAN 2 3 1995
TOWN OF AVON
THE ABOVE IS A LIST OF CLIENTS THE ATTACHED TITLE COMMITMENT HAS BEEN
DELIVERED TO. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE COMMITMENT,
PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE COMPANY AT THE ABOVE PHONE
NT MBERz
PLEASE REVIEW THE COMMITMENT CAREFULLY, TAKING NOTE OF THE FOLLOWING ITEMS
CONTAINED THEREIN:
THANK YOU
F' =FZE3Vx AMER =CAN HER =TAGS T =TLE COMPANY
P.O. BOX 1980 318 BROADWAY EAGLE, CO. 81631
OCTOBER 24, 1994
File No: ES00847B94
Dear New Homeowners
Congratulations on your recent real estate purchase.
Enclosed is your Policy of Title Insurance. This policy
contains important information about. the Real Estate
Transaction you have just completed; it insures you
against certain risks to your ownership. Please read it
and retain it with your other valuable papers.
A permanent record of your recorded title documents is
accessible through our office. These records will enable
prompt processing of future title orders and save valuable
time should you wish to sell or obtain a loan on your
property. Visit or call our office and simply give us
your personal policy file number when you need assistance.
In the event you sell your home or borrow money from a
mortgage lender you may be entitled to a discount rate if
you order your title insurance through this company.
We appreciate the opportunity of serving you and will be
happy to assist you in any way in regard to your future
title service needs.
,Sincerely,
FIRST AMERICAN HFRITAC,E TTTIE COMPANY
R('NRT)TTT.R A
dnm- MET. -T)Rr R _ 1 qq4
nrdpr No. ES001847R94
AmnTTnt of Insurance $1 , 50101; 010101, 00
Date of Pn l i r.v . OCTOBER ?41. 1 494 At R!00 A , M
1. Name of TnsiirerT s
TnWN nF AirnN; A MTTNTr'TPAT, CORPORATION
Polir.v Mn. J?0i7596
Premi iTm $1 ; 440. 00
2 , The estate or interest in the 1 anr3 wl-hi rh is ro- upreri . by this
policy is
FRR RTMPT.R
3, Title ttn the PPtatP nr interest in the lanrT is vPStPr] in
TOWN OF ANION; A MTTNTrTPAT CORPORATION
4, ThP land referrer] to in this nnlir.v is riPSnrihPri as fnllnutg
PARrRT. A
TNR R1 /2 nF THE NR 1 / 4 nF T F T F _ + ' . NR 1 / 4 OF RRr'TTnm 1 7 ,
TnWNSHTP 5 RnTTTH; RANGE 82 WEST nF THR 6TH PRTNC IPAT.
MRRTDTAN r'nmmnNT.V RRRRRRRTI Tn AS THR RGJTPT G11T.rH
AnnTTTnN Tn THR TOWN OF AVnN, rnTTNTV nF RAGT.F; RTATE
nF rnT.nRAnn, Tn(_RTHRR WTTH ANV ANTI ALL TNTR_RRRT GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAM RIGHT nF WAY,
EXCEPTING THEREFROM ANY PORTTnm nF T.ATTTI T.VTNG WTTHTN
THR T -701 R.n.W.
ANTI TRArT V. A PRSUBDIVTRTnm nF T.nTR 67, (;R ANTI A PORTION
nF TRArT r BLOCK 1, TOWN OF AvnN, RAGT E COTTNTV, rnT.nRADO
DRSr'RTRRn TN FTNAT, R1TRT)T11T.qTnm PT.AT- AMENTIMRMT Nn: 4;
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
RnAD RTGHT -nF -WAV Tn THR R14TPT GTTT,rR AnnTTTnm (A RPRr'TAT.T.V
PT.ANNRD AREA) AND PARCELS 1 AND 2 THEREOF; TOWN OF AVON,
rnT.nPAnn . THR R 1 / 2 , NE 1/4, NR 1 / 4 RRrTTnm 1 7 , TnWMRHTP 5
RnTTTH, RANGE 82 14RRT OF THE 6TH PRINCIPAL MERIDIAN-
ACCORDING TO THE PLAT RR('nRT Rr) NnvRMRRR �,; 19R7, TN ROnK 34R
AT PAGE 296, TOGETHER WITH ANY AND AT.T, INTEREST GRANTnI? MAV
HAVE IN AND TO THE SWIFT GULCH ROAD RTGHT nF WAV, TiRXrRPTTNG
THEREFROM THAT CERTAIN PnRTTnm nF TRAnT V AS ('ONTATNRTI IN
THE RULE ANTI nRTIRR RRr'nRTIRTI JANTTARV 1. 1993 TN RnnK 599 AT
PAGE 777, COUNTY OF EAGLE STATE OF COLORADO.
PARr'RT, R
TRACT C, A RESTTBDIVTSTON OF TOTS 67- 6R AND A PORTION OF
TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNTY COLORADO,
DESCRIBED IN FINAL SUBDIVISION PLAT- AMENDMENT NO: 4;
BENCHMARK AT BEAVER CREEKi EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT -OF -WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 1/2i NF 1/4i NE 1/4 SECTION 1 7 , TOWNSHIP
5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER ,, 19871 IN ROOK
348 AT PAGE 296: TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
COUNTY OF EAGLE
State of Colorado
SCHEDULE B
Omer No.: ES00847B94 Policy No.: J207596
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will
not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the
public records but which could be ascertained by an inspection of the land
or by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection of the
land would disclose, and which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by the
public records.
6. All taxes and assessments for the year 1994 and subsequent years, a
lien, but not yet due or payable.
7, The right of proprietor of a vein or lode to extract or remove his ore
should the same be found to penetrate or intersect the premises thereby
granted as reserved in United State patent recorded May 4, 1905, in Book
48, at Page 272; and any and all assignments thereof or interest therein.
8. Right of way for ditches or canals constructed by the authority of the
Uni
(CONTINUATION OF SCHEDULE B)
Creek, to -wit., to -wits
a. Utility and drainage easements ten (10) feet in width are reserved
along each side of every hack lot line of every lot line in the
subdivision. In addition, utility and drainage easements seven and one
half (7 1/2) feet in width are reserved along each side of every side lot
in the subdivision not fronting on a dedicated street or road as reserved
on the recorded Plat.
12. Terms, conditions and Provisions as contained in Ordinance No. 81 -35,
Series of 1981, recorded November 13, 1981, in Book 331 at Page 980.
13. Any assessment or lien of The Town Center Mall Improvement District ,
as disclosed by the instrument recorded April 18, 1985, in Book 411 at Page
635.
14. Terms, conditions and provisions as contained in Ordinance No. 85 -17,
Series of 1985, recorded October 15, 1985, in Book 427 at Page 430.
15. Any assessment or lien of Town of Avon., Local Improvement District No.
1990 -1 , as disclosed by the instrument recorded September 12, 1990, in
Rook 537 at Page 433.
15. Terms, conditions and provisions as contained in Resolution No. 84 -5,
Series of 1984, recorded February 21, 1984, in Book 378 at Page 920 and
re- recorded March 15, 1984, in Book 380 at Page 815.
17. Terms, conditions, provisions, agreements and obligations specified
under the Nottingham Puder Ditch Access and Maintenance Easement by and
between Benchmark at Beaver Creek, a Colorado limited partnership and S & G
Partnership, a Colorado partnership recorded January 25, 1983, in Book 352
at Page 629.
18. Terms, conditions, provisions, agreements and obligations specified
under the Easement Deed by and between Benchmark at Beaver Creek, a
Colorado l imited partnership, S & G Partnership, a Colorado partnership and
Section 35, Inc., a Colorado corporation recorded January 15, 1985, in Book
434 at Page 488.
19. Any water rights or claims or title to water, in, on or under the
land.
20. Any ditch rights or claims or title to ditches, in , on or cinder the
land.
21. Any existing leases or tenancies.
c
DATE: OCT 11, 1994
ORDER #: ES00847B94 -3
PROP. ADDR.:
OWNER /BUYER: TOWN OF AVON
ATTN:
TO: COPIES
ATTN:
TO: COPIES
ATTN:
TO: COPIES
ATTN:
THE ABOVE IS A LIST OF CLIENTS THE ATTACHED TITLE COMMITMENT HAS BEEN
DELIVERED TO. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE COMMITMENT,
PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE COMPANY AT THE ABOVE PHONE
NUMBER.
PLEASE REVIEW THE COMMITMENT CAREFULLY, TAKING NOTE OF THE FOLLOWING ITEMS
CONTAINED THEREIN:
SCHEDULE A, NEW EFFECTIVE DATE AND AMENDED LEGAL DESCRIPTION. SCHEDULE
B -1, AMENDED NOTE UNDER ITEM NO. 1
P.O. BOX 1980 318 BROADWAY EAGLE CO 81631 (303) 328 -5211
PLEASE DELIVER TO THE CUSTOMERS
CHECKED BELOW:
V--/TO:
FIRST AMERICAN HERITAGE
COPIES
01
P.O. BOX 5690 (949 -4406)
AVON, CO 81620
ATTN:
BETH
TO:
COSGRIFF, DUNN & ABPLANALP
COPIES
01
108 S. FRONTAGE RD. W.
VAIL, CO 81657
ATTN:
JOHN W. DUNN
TO:
BENCHMARK AT BEAVER CREEK
COPIES
01
565 MT VILLAGE BLVD.
TELLURIDE, CO 81435 (728 -6900)
ATTN:
LINDA ROGERS
TO:
COPIES
00
ATTN:
TO: COPIES
ATTN:
TO: COPIES
ATTN:
TO: COPIES
ATTN:
THE ABOVE IS A LIST OF CLIENTS THE ATTACHED TITLE COMMITMENT HAS BEEN
DELIVERED TO. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE COMMITMENT,
PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE COMPANY AT THE ABOVE PHONE
NUMBER.
PLEASE REVIEW THE COMMITMENT CAREFULLY, TAKING NOTE OF THE FOLLOWING ITEMS
CONTAINED THEREIN:
SCHEDULE A, NEW EFFECTIVE DATE AND AMENDED LEGAL DESCRIPTION. SCHEDULE
B -1, AMENDED NOTE UNDER ITEM NO. 1
P.O. BOX 1980 318 BROADWAY EAGLE CO 81631 (303) 328 -5211
r
L
oo�v
FIRST AMERICAN HERITAGE TITLE COMPANY
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to
show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against
certain risks to the land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land
title or the transaction may affect the Commitment and the Policy. .
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
TABLE OF CONTENTS
Page
AGREEMENT TO ISSUE POLICY 1
SCHEDULE A
1. Commitment Date
2
2. Policies to be Issued, Amounts and Proposed Insureds
2
3. Interest in the Land and Owner
2
4. Description of the Land
2
SCHEDULE B -1 — Requirements
3
SCHEDULE B -2 — Exceptions
4
CONDITIONS
1 –A
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment, please contact the issuing office.
Form No. 1343 (CO -87)
ALTA Plain Language Commitment
c.
7 r
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
FIRST AMERICAN HERITAGE TITLE COMPANY
agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
AGREEMENTTO ISSUE POLICY
FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the
Company, through its agent, First American Heritage Title Company, referred to in this Agreement as the
Agent, agrees to issue a policy to you according to the terms of this Commitment. When we show the
policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effec-
tive as of the Commitment Date shown in Schedule A
If the Requirements shown in this Commitment have not been met within six months after the
Commitmentdate, ourobligation underthis Commitmentwill end. Also ourobligation underthisCommit-
ment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B -1.
The Exceptions in Schedule B -2.
The Conditions on page 1 -A
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
First American Title Insurance Company
BY PRESIDENT q ? U •' _ r '�
�{ V 14 5 8
BY i!/,tll�•► -- G ��s SECRETARY�i ��. •'
���60UN SIGNED
M
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument.
(b) "Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or
encumbrances that appear for the first time in public records or are created or attached
between the Commitment Date and the date on which all of the Requirements of Schedule B
- Section 1 are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B,
we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens
or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you
have met its Requirements. If we have any liability to you for any loss you incur because of an error
in this Commitment, our liability will be limited to your actual loss caused by your relying on
this Commitment when you acted in good faith to:
comply with the Requirements shown in Schedule B - Section 1
or
eliminate with our written consent any Exceptions shown in Schedule B - Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this
Commitment and our liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the
title to the land must be based on this Commitment and is subject to its terms.
200 -200 -1
r.v. OUA 1710W .3113 Zlluk�.UWHY 6AULS, UU. 81b.i1
SCHEDULE A
r ,
Commitment No: ES00847B94 -3
1. Commitment Date: SEPTEMBER 29, 1994 at 8:00 A.M.
2. Policy or Policies to be issued:
(a) Owners Policy - Proposed Insured:
TOWN OF AVON
(b) Loan Policy - Proposed Insured:
(c) Proposed Insured:
Policy Amount
$1,500,000.00
3. Fee simple interest in the land described in this Commitment is
owned, at the Commitment Date by:
SECTION 36, INC., A COLORADO CORPORATION, (AS TO PARCEL A)
BENCHMARK AT BEAVER CREEK, A COLORADO LIMITED PARTNERSHIP
AND S & G PARTNERSHIP, A COLORADO PARTNERSHIP,
(AS TO PARCEL B)
4. The land referred to in this Commitment is described as follows:
PARCEL A:
THE S1 /2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 12,
TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COMMONLY REFERRED TO AS THE SWIFT GULCH
ADDITION TO THE TOWN OF AVON, COUNTY OF EAGLE, STATE
OF COLORADO, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
EXCEPTING THEREFROM ANY PORTION OF LAND LYING WITHIN
THE I -70 R.O.W.
AND TRACT Y, A RESUBDIVISION OF LOTS 67, 68 AND A PORTION
OF TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNTY, COLORADO
DESCRIBED IN FINAL SUBDIVISION PLAT - AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT -OF -WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
(SEE CONTINUATION OF SCHEDULE A ON NEXT PAGE)
@rJ190rol
FJ fi r'j
PLANNED AREA) AND 'RCELS 1 AND �2•THEREOF, TO` - OF AVON,
COLORADO, THE S 1 / -, NE 1/4, NE 1/4 SECTION 1_, TOWNSHIP 5
SOUTH, RANGE 82 WEST OF,THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOOK 348
AT PAGE 296, TOGETHER WITH ANY AND ALL INTEREST GRANTOR MAY
HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY, EXCEPTING
THEREFROM THAT CERTAIN PORTION OF TRACT Y AS CONTAINED IN
THE RULE AND ORDER RECORDED JANUARY 1, 1993 IN BOOK 599 AT
PAGE 777, COUNTY OF EAGLE STATE OF COLORADO.
PARCEL B:
TRACT C, A RESUBDIVISION OF LOTS 67- 68 AND A PORTION OF
TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNTY COLORADO,
DESCRIBED IN FINAL SUBDIVISION PLAT - AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT -OF -WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 1/2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP
5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOOK
348 AT PAGE 296, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
COUNTY OF EAGLE, STATE OF COLORADO
(for informational purposes only)
PREMIUM:
Owners........... $1,440.00
Mortgage......... $0.00
Mortgage......... $0.00
Tax Cert......... $40.00
OCT 12, 1994 dnm MRL
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10 -11 -122 C.R.S.)
The subject land may be located in a special taxing district; a certificate
of taxes due listing each taxing Jurisdiction shall be obtained from the
county treasurer or the county treasurer's authorized agent; and
information regarding special districts and the boundaries of such
districts may be obtained from the board of county commissioners, the
county clerk and recorder, or the county treasurer.
Order No. ES00847B94 -3
= Requirements
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and /or for the
mortgage to be insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Obtain a certificate of taxes due from the county treasurer or the
county treasurer's authorized agent.
(d) Provide us the "Affidavit and Indemnity" signed by the parties listed
in Paragraph 3, Schedule A of this Commitment and notarized.
(e) The following documents satisfactory to us must be signed, delivered
and recorded:
1. Correction Deed from Benchmark at Beaver Creek, a Colorado limited
partnership and S & G Partnership, a Colorado partnership to Section 36,
Inc., a Colorado corporation.
NOTE: This requirement is necessary because:
To correct the legal description in Deed recorded March 4, 1985, in Book
407 at Page 523.
2. Warranty Deed sufficient to convey the fee simple estate or interest in
the land described or referred to herein, to the Proposed Insured, Schedule
A, Item 2A.
3. Compliance with the provisions of section 39 -14 -102, Colorado Revised
Statutes, requiring completion and filing of a Real Property Transfer
Declaration.
4. Evidence satisfactory to the Company of compliance with an ordinance
enacting a real estate transfer tax within the Town of Avon together with
all amendments thereto.
5. Release of the Deed of Trust from Benchmark at Beaver Creek, a Colorado
limited partnership to the Public Trustee of Eagle County for the benefit
of The First National Bank of Santa Fe to secure an indebtedness in the
principal sum of $3,100,000.00, and any other amounts and /or obligations
secured thereby, dated June 28, 1984 and recorded July 5, 1984, in Book 388
at Page 691. (As to Parcel A).
6. Release of the Deed of Trust from Section 36 Inc., a Colorado
corporation to the Public Trustee of Eagle County for the benefit of
Benchmark at Beaver Creek, a limited partnership and S & G Partnership, a
general partnership to secure an indebtedness in the principal sum of
$1,687,500.00, and any other amounts and /or obligations secured thereby,
dated January 4, 1985 and recorded March 4, 1985, in Book 407 at Page 524.
Assignment of above Deed of Trust to Benchmark at Beaver Creek, a Colorado
limited partnership recorded February 22, 1993 in Book 602 at Page 108.
An instrument purporting to modify the terms of said Deed of Trust
(SEE CONTINUATION OF SCHEDULE B - SECTION 1, IF ANY, ON NEXT PAGE)
r
recorded May 24, 1990 J Book 530 at Page;35.
NOTE: Trade Name Affidavit of S & G Partnership, recorded March 4, 19e5,
in Book 407 at Page 522, discloses the following parties: Oscar L. Tang,
Jack C. Tang, Frances Y. Tang, and Frances Y. Tang as Custodian for Tracy
Tang, Kristin Tang, Dana Tang and Kevin Tang.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE
SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING
PROVISIONS OF C.R.S. 39 -22 -604.5 (NONRESIDENT WITHHOLDING).
caL in L - LVLL11 UC111yuayc 1.V1111111L1R%=!11L c
Order No. ES00847B94 -3
SCHEDULE B - Section 2
Exceptions
Any policy we issue will have the following exceptions unless they are
taken care of to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the
public records but which could be ascertained by an inspection of the land
or by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection of the
land would disclose, and which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by the
public records.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. The right of proprietor of a vein or lode to extract or remove his ore
should the same be found to penetrate or intersect the premises thereby
granted as reserved in United State patent recorded May 4, 1905, in Book
48, at Page 272; and any and all assignments thereof or interest therein.
8. Right of way for ditches or canals constructed by the authority of the
United States as reserved in United States Patent recorded May 4, 1905 in
Book 48 at Page 272.
9. Terms, conditions, obligations and easements or rights of way
stipulations as shown on plats recorded respectively: February 27, 1974 in
Book 233 at Page 566; and December 26, 1974 in Book 238 at Page 41; and
August 11, 1976 in Book 247 at Page 989; and as amended October 1976 in
Book 249 at Page 93 and as amended in the plat filed September 5, 1978 in
Book 274 at Page 701, and recorded March 5, 1982, in Book 337 at Page 367.
10. Covenants, conditions and restrictions, which do not include a
forfeiture or reverter clause, set forth in the instrument recorded April
7, 1975 in Book 239 at Page 249. Amendment of said covenants, conditions
and restrictions by an instrument recorded July 19, 1979 in Book 288 at
Page 567; April 23, 1985 in Book 411 at Page 960 and February 7, 1990 in
Book 522 at Page 721. Provisions regarding race, color, creed, and
national origin, if any, are deleted.
11. The following items as set forth on the plat of Benchmark at Beaver
Creek, to -wit:, to -wit:
a. Utility and drainage easements ten (10) feet in width are reserved
along each side of every back lot line of every lot line in the
subdivision. In addition, utility and drainage easements seven and one
half (7 1/2) feet in width are reserved along each side of every side lot
in the subdivision not fronting on a dedicated street or road as reserved
(SEE CONTINUATION OF SCHEDULE B - SECTION 2, IF ANY, ON NEXT PAGE)
V. L. IC, idW11 1L.uiriu PIN61 AP,i1 1, hlll Avuh l9 o.321' b:? P, ?/33
CLOSING INSTRUCTIONS
THIS IS A LEGAL INSTRUMENT. IF NOT; UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED
BEFORE SIGNING.
TO. TOWN OF AVON, A MUNICIPAL CORPORATION
SECTION 30, INC. as to Parcel A
BENCHMARK AT BEAVER CREEK, A COLORADO LIMITED
Partnership And S & C. Partnership,
a Colorado, as to Parcel B
RE: AVON VACANT LAND (SWIFT GULCH PROPERTY), AVON, COLORADO 81020
1. SECTION 36, INC. and BENCHMARK AT BEAVER CREEK. A COLORADO LIMITED PARTNESHIP and S & G
PARTNERSHIP, A COLORADO PARTNERSHIP [SELLERS] and TOWN OF AVON, A MUNICIPAL CORPORATION (PURCHASER]
engage FIRST AMERICAN HERITAGE TITLE COMPANY (CLOSING AGENT), who agrees to provide Closing and settlement
services in connection with the closing u( pre fulluwing described tael t;alntG in the Cuunty of EAGLE, Colorado, to wit:
SEE EXHIBIT "A" . LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATFn HFRFIN.
also known as: AVON VACANT LAND [SWIFT GULCH PROPERTY), AVON, COLORADO 81620
2. Closing Agent is authorized to obtain information, and agrees to prepare, obtain, deliver and record all documents,
excluding preparaoun ur ICirOi dUGulnCiiLs, ,uGussary to carry out the terms and conditions of the contract to buy and sell real
estate, dated 08- 05 -94, with ALL amendments and counterproposals attached (Contract), and made part of this document.
3. Legal do
r�umeMs will be prepared by FIRST AMFRICAN HFRITAGF. TITLE COMPANY at the expense of
., , - -- --
4. Closing Agent will receive a fee not to exceed $ 26P -00 for providing these closing and settlement services to
be the expense of (k iLWer t se j I
5. Closing Agent is authorized to fecelvel funds and to disburse funds when all funds .,eceived are either: available for
imrediate - -vithdrawal as a matter of right frbrn the financial institution in which the funds have bccn dcpoaitod or are available
for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or
a financial irv%titutinn upnn which the funds are to be drawn [ "Good Funds "l,
6. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good
Finds, except as provided in paragraphs 12 and 13.
7, Closing Agent shall disburse all tunas in closing except those tunas as may be separately disclosed in writing to
Purchaser and Seller by Closing Agent or Purchaser's lender on or before closing.
0. Geller will receive the net proceeds of closing as indicated: C1 Closing Agent'c Truet Account Chock. ❑ Cashier's
Check at Seller's expense. R Funds electronically transferred [wire transfer) to an account specified by the Seller, at Seller's
expense.
9. Purchaser and Seller will furnish any additional information and documents required by Closing Agent which will be
necessary to complete this transaction, and Purchaser and Seller further agree to sign and complete all and customary required
documents at closing to fulfill the Contract.
10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller at
time of closing.
11. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before
closing to disburse Good Funds.
12. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents,
monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or
liability in connection with these instructions. in additiun, any ulu111164N,y ,rUty, deed of Lrust, of other evidence of
iridebtednass signed by Purchaser, shall be voided by Closing Agent, with the original(s) returned to Purchaser and a copy to
Purchaser's !ender.
13. If any conflicting demands are made on the Closing Agent, at its sole discretion Closing Agent may hold any monies,
documents, and things of value received from any party except Purchaser's lender. Closing Agent shall retain such items until
(1) receipt of mutual written instruction frorn Purchaser and Seller, or (2) until a civil action between Purchaser and Seller shall
have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may, in its sole
dibcretiurr, l;urrrrrr1rrr;C o r:ivil action to interplead, or, interpload in any existing civil action, any documents, monio8 er othor
things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and
responsibility and Closing Agent shall be entitled to all rnurt rnstn and reasonable attorneys' fees.
14. These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Seller and
Closing Agent.
15. Special Instructions;
APPROVIED AND ACCEPTED:
TOWN VON, A MUNICIPAL CORPORATION
Benchmark at Beaver eek, a Colorado
Lim' c` �ai;t er, h' tc3,Parcel B
SE EON INC.
by. \ \ AC 0 0 CORPO
A. .3: 411 "'s �torn.ey -in- act by o<
for Benchmirk Company, a Colorado „�i /�, ,
e'7� in da Rod ers
G Partnersh
Partnership, aid
to ParcellA
e Pres
a Colorado
o Parcel B
By:
05car L.'Tang, General Partner
Uct,1Z.1YY4 lU:U7AM FIRST AMERICAN AVON ° No-3236 P. 3/28
1 CLOSING INSTRUCTIONS
THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED
BEFORE SIGNING.
TO: TOWN OF AVON, A MUNICIPAL CORPORATION SECTION 36, INC. as to Parcel A
BENCHMARK AT QFAVER CREEK, A COLORADO LIMITED
Partnership and S S G Partnership,
a Colorado, as to Parcel B
HE: AVON VACANT LAND (SWIFT GULCH PROPERTY), AVON. COLORADO 87620
1. SECTION 36, INC. and BENCHMARK AT BEAVER CREEK, A COLORADO LIMITED PARTNESHIP and S fir 0
PARTNERSHIP, A COLORADO PARTNERSHIP [SELLERS] and TOWN OF AVON, A MUNICIPAL CORPORATION [PURCHASER)
engage FIRST AMERICAN HERITAGE TITLE COMPANY [CLOSING AGENT), who agrees to provide closing and settlement
services in corvnection with the closing of the following described real estate in the County of EAGLE, Colorado, to wit:
SEE EXHISIT "A" - LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN.
also known as= AVON VACANT LAND (SWIFT GULCH PROPERTY). AVON, COLORADO 816$0
2. Closing Agent is authorized to obtain information, and agrees to prepare, obtain, deliver and record all documents,
excluding preparation of legal documents, necessary to carry out the terms and conditions of the Contract to buy and sell real
estate, dated 09- 05 -94, with ALL amendments and Counterproposals attached [Contract), and made part of this document,
3. Legal documents will be prepared by FIRST AMERICAN HERITAGE TITLE COMPANY at the expense of
ArA [OROKERI.
4. Closing Agent will eceive a fee not to excegd 6 7QQ,Q� for providing these closing and settlement services to
be the Expense of
5. Closing Agen is authorized to receive funds and to disburse funds when all funds received are either: available for
immediate withdrawal as a matter of right from the financial institution in which the funds have boon deposited or are available
for unmediate withdrawal as a consequence of an agreement of a financial Institution in which the funds are to bit deposited or
a financial Institution upon which the funds are to be drawn I 'Good Funds'].
6. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good
Funds, except as provided in paragraphs 12 and 13,
7. Closing Agent shall disburse ail funds in closing except those funds as may be separately disclosed in writing to
Purchaser and Seller by Closing Agent or Purchaser's lender an or before closing.
8. Seller will receive the net proceeds of closing as indicated; C3 Closing Agent's Trust Account Check. 0 Cashier's
Check at Seller's expense, ❑ Funds electronically transferred (wire transfer] t0 an account specified by the Seller, at Seller's
expense,
9. Purchaser and Seller will furnish any additional inlormation and documents required by Closing Agent which will be
necessary to complete this transaction, end Purchaser and Seller further agree to sign and complete ail and customary required
documents at closing to fulfill the Contract.
10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller at
time of closing.
11. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before
closing to disburse Good Funds.
12. It closing does not occur, Closing Agent, except as provided herein, Is authorized and agrees to return all documents,
monies, and things of value w the depositing party and Closing Agent will be relieved from any further duty, responsibility or
liability in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of
Indebtedness signed by Purchaser, shalt be voided by Closing Agent, with the orioinal(s) returned to Purchaser and a copy to
Purchaser's lender,
13. If any Conflicting demands are made on the Closing Agent, at its sole discretion Closing Agent may hold any monies,
documents, and things of value received from any party except Purchaser's tender. Closing Agent shall retain such items until
(I I receipt of mutual written instruction from Purchaser and Seller; or 11) until a civil action between Purchaser and Seller shall
have been finally concluded in a Court of competent jurisdiction; or 13) In the alternative, Closing Agent may, in its 5910
discretion, commence a civil action to irrterplead, or, irnerplead in arty existing civil action, any documents, monies or ether
things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and
responsibility and ClosrrifW Agent shall be entitled to all Court costs and reasonable attorneys' fees.
14, These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Seller arid
Closing Agent.
15, Special Instructions:
APPROVED AND ACCEPTED:
Benchmark at Beaver Creeks a Colorado
Limited Partnership, as to Parcel B
by:
A. J. Wells,; attorney— in —fadt
for Benchma k Company, a Colorado
} yerttner
Closing Agent
ray
ate
SECTION 36, INC.
A COLORADO CORPORATION as to Parcel A
by
Lin a Rodgers, cis res en
S f, G Partnership, a 1 redo
Partil hip, a to Cel a n
By:
Oscar L. Tang, ponera Y"rtner
FIRST AMERICAN HERITAGE TITLE COMPANY
PURbHASERS SETTLEMENT STATEMENT
PREPARED FOR: BUYER /SELLER ESCROW NO.: 94TV0544
PROPERTY ADDRESS: (AVON VACANT LAND)
AVON, CO 81620
SELLER: SECTION 36, INC., A COLORADO CORPORATION as to Parcel A*
PURCHASER: TOWN OF AVON, A MUNICIPAL CORPORATION
SETTLEMENT DATE: 10/14/94 DATE OF PRORATION: 10/13/94
LEGAL DESCRIPTION: COMMONLY KNOWN AS SWIFT GULCH
ADDITION,.AS SET OUT ON DEED
COUNTY OF EAGLE
STATE OF COLORADO
------------------------------------------------- - - - - -- _-----------------------------------
L.ULV111VUt111V1V VP Ol. L1 LLJULL' LJ OLI.tlV1V GJ
on the recorded plat.
12.' Terms, conditions and provisions as contained in Ordinance No. 81 -35,
Series of 1981, recorded November 13, 1981, in Book 331 at Page 980.
13. Any assessment or lien of The Town Center Mall Improvement District ,
as disclosed by the instrument recorded April 18, 1985, in Book 411 at Page
636.
14. Terms, conditions and provisions as contained in Ordinance No. 85 -17,
Series of 1985, recorded October 15, 1985, in Book 427 at Page 430.
15. Any assessment or lien of Town of Avon, Local Improvement District No.
1990 -1 , as disclosed by the instrument recorded September 12, 1990, in
Book 537 at Page 433.
16. Terms, conditions and provisions as contained in Resolution No. 84 -5,
Series of 1984, recorded February 21, 1984, in Book 378 at Page 920 and
re- recorded March 15, 1984, in Book 380 at Page 815.
17. Terms, conditions, provisions, agreements and obligations specified
under the Nottingham Puder Ditch Access and Maintenance Easement by and
between Benchmark at Beaver Creek, a Colorado limited partnership and S & G
Partnership, a Colorado partnership recorded January 26, 1983, in Book 352
at Page 629.
18. Terms, conditions, provisions, agreements and obligations specified
under the Easement Deed by and between Benchmark at Beaver Creek, a
Colorado limited partnership, S & G Partnership, a Colorado partnership and
Section 36, Inc., a Colorado corporation recorded January 16, 1986, in Book
434 at Page 488.
19. Any water rights or claims or title to water, in, on or under the
land.
20. Any ditch rights or claims or title to ditches, in , on or under the
land.
21. Any existing leases or tenancies.
vl6 1G, 14 0,
FIRST AMERICAN HERITAeV TITLZI COMMANY
SELLERS SETTLEMENT STATEMENT
PREPARED FOR: BUYER /SELLER ESCROW NO.; 94TV0544
PROPERTY ADDRESS: (AVON VACANT LAND)
AVON, CO 81620
SELLER: SECTION 36, INC., A COLORADO CORPORATION as to Parcel A*
PURCHASER: TOWN OF AVON, A MUNICIPAL CORPORATION
SETTLEMENT DATE: 10/14/94 DATE OF PRORATION: 10/13/94
LEGAL DESCRIPTION: COMMONLY KNOWN AS SWIFT GULCH
ADDITION, AS SET OUT ON DEED
COUNTY OF EAGLE
STATE OF COLORADO
DESCRIPTION DEBIT CREDIT
1. Selling Price 1500000.00
2. OWNERS TITLE POL, 1440.00
3. RELEASES 32.00
4. CORRECTION DEED 15.00
5. TAXES— PRECEEDING YR 1993 TAXES PD. $26097.98 0.00
6. TAXES rGR CURYtZA' YEAR 266 DAYS AT S 71.5013 20449.57
7. CLOSING FEE 100.00
------------------------------------------------------------------------------------------------
sub- Totals 22036.37 1500000.00
Balance due to Seller 1477963.63 0.00
TOTALS 1500000.00 1500000.00
APPROVED AND ACCEPTED
Sales or use taxes on personal property net included_ FIRST AMERICAN HERITAGE TITLE COMPANY assumes no responsibility for the adjust
or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be d
reference to the title evidence provided by Seller or by personal investigation. The above statement of settlement is approved as of
date shown above and FIRST AMERICAN HERITAGE TITLE COMPANY is hereby authorized to disburse as Trustee funds as indicated.
Seller
SECTION J�, INC., A
Seller
St(ler
SCILwl'
ers,
Broker/Agent
ON, as t0 Parcel A BUYER /SELLER
v°`-- Closing Agent
resident
*Benchmark at Beaver Greek, a Colorado Limited Partnership, as to Parcel B and
S & G Partnership, a Colorado Partnership as to Parcel B
Benchmark at Deaver Creek, a Colorado
Limed Partnership,_as�\to Parcel B
BY!
, a�tcarney- :Ln"Let4tJ
for Benc a k Company, a Colorado
Partnership P sole general partner
S & G Partnership, a Colorado Partnership
as to Parcel B
By:
Oscar L. Tang, General Partner
INTEREST :UN EARNEST MONEY DEPOSIT OF $75,000.00 WILL BE PAID AFTER CLOSING
TO THE SELLER VIA A SEPARATE CHECK.
�/�� 1G. 1774 1(.lirlvl i11SJl HiV!!1(1VH1V HVUIV No. JZt,� F. b /,fib
m '
PARCEL A:
THE S1/2 OF THE NE 1/4 OF THE NE 114 OF SECTION 12,
TOWNSHIP 5 SOUTHr RANGE 82 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COMMONLY REFERRED TO AS THE SWIFT GULCH
ADDITION TO THE TOWN OF AVON, COUNTY OF EAGLE, STATE
OF COLORADO, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAX HAVE IN AND TO THE SWIFT GULCH ROAD MIGHT OF WAY,
:EXCEPTING THEREFROM ANY PORTION OF LAND LYING WITHIN
THE I -70 R.O.W.
AND TRACT Y, A RESUBDIVYSION OF LOTS 67, 68 AND A PORTION
OF TRACT C, BLOCK 1, TOWN OF' AVON, EAGLE COUNTY, COLORADO
DESCRIBED IN FINAL SUBDIVISION PLAT- AMENDMENT NO. 4r
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD MIGHT -OF -WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 1/2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP 5
SOUTH, RANGE 62 WEST OF THE 6TH PRINCIPAL MERIDIANr
ACCORDING TO TRIe PLAT RECORDED NOVEMBER 5, 1982, IN BOOK 348
AT PAGE 296, TOGETHER WITH ANY AND ALLYINTEREST GRANTOR MAY
HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY, EXCEPTING
THEREFROM THAT CERTAIN PORTION OF TRACT Y AS CONTAINED IN
THE RULE AND ORDER RECORDED JANUARY 1, 1993 IN BOOT( 599 AT
PAGE 777, COUNTY OF EAGLE STATE OF COLORADO.
PARCEL B:
TRACT Cr A RESUBDIVISION OF LOTS 67- 68 AND A PORTION OP
TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNTY COLORADO,
DESCRIBED IN FINAL SUBDIVISION PLAT- AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEX, EACLE COUNTY, COLORADO AND THE
ROAD RlaHT -OF -WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 1/2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP
5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOON
348 AT PAGE 296, TOGETUER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
COUNTY OF EAGLE, STATE OF COLORADO
Recorded at o'clock
Reception No.
M.,
QUIT CLAIM DEED
Reoorder.
THIS DEED, Made this day of G -ALA C'l between
BENCHMARK AT BEAVER CREEK, A COLD DO LIMITE
of & G,eAuRTNERSHIP, A aO�R" PARTNERSHIP nty or Eagle Colorado
' grantor(s), and
SECTION 36, INC., A COLORADO CORPORATION
whose legal address is Box 329, Avon , CO 81620
of the County of Eagle and State of Colorado
, grantee(s),
PARTNERSHIP and
WITNESSETH, That the grantor(s), for and in consideration of the sum of
TEN DOLLARS AND NO/ 100---------------------------------- - - - - -- DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these
presents does remise, release, sell, convey and QUIT CLAIM unto the grantee(s), his heirs, successors and assigns, forever, all the right,
title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and
being in the
County of Eagle , and State of Colorado, described as follows:
SEE EXHIBIT "A" —LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED
HEREIN.
CORRECTION DEED ONLY
This deed is being recorded to amend the legal description on Deed
recorded March 4, 1985 in Book 407 at Page 523.
also known by street and number as
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in
anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the grantor(s), either in law or equity, to
the only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, The grantor(s) has executed this deed on the date set forth above.
Benchmark at Beaver Creek,
a Colorado Limited Partnership
by Benchmark Company, a Colorado
Partnership and sole general
F C21-
B
A.. J. Wel attorney -in -fact
STATE OF Colorado
S & G Partnership, a Colorado
Partnership
ss.
COUNTY OF San P�iguel )
The foregoing instrument was acknowledged before me this
&r
day of by A. J. Wells,
attorney -in -fact for Benchmark Company, e s le ge eral artner of:
Benchmark at Beaver Creek.
My Commission expires: 91 Wilne hand and offic' call..J�
*If in Denver, insert "City and."
Notary Public
No. 933 Rev. 3 -85. QUIT CL/dA1 D>
y
STATE OF NEW YORK
COUNTY OF
The foregoing instrument was acknowledged before me this day of
October 1994 by
on behalf of S & G Partnership, a Colorado partnership.
My commission expires: Witness my hand and official seal.
Notary Public
ELIZABETH M CULHANE
rotary u 131 State of New York
oualified in New York County
Commission Expires April 30, 19 F11
vk�. 1G, ly1117'! 1L.i� "vrTd AL P111.J1 APtlnrlI'A11 h4 UN " .
EXHIBIT "A" - LEGAL DESCRIPTION
FOR. CORRLC'TTON DERD
10. 121' b 3
Tbl 5 112 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 12+
TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COMMONLY REFERRED TO AS THE SWIFT GULCH
ADDITION TO THE TOWN OF AVON, COUNTY OF EA[,15, STATE
Or COLORADO, TOGETHER WITU ANY AND ALL INTEREST GRANTOR,
MAY HAVE IN AND TO THE SWTPT GULC.II ROAD MIGHT OF WAY,
F-XCEPTING THEREFROM ANY PORTION OF LAND LYING WITHIN
THE T -70 R.O.W.
a-D TRACT Y, A AESUBDIVISIDN OP LOTS 67, 68 .AM A PORTION
OF TILACT C, $LOCK 1, TOWN OF AVON, EAQZ COUNTY, COLORADO
AESC?=ED IN FINAL SUBDIVISION PLAT- AMENDMENT,' NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT -OF -WAY 1U THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS I AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE 5 1/2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP
5 SOUTH, RANGE SZ WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO TBE PLAT RECORDED NOVEMBER 5, 1962, IN BOOK
348 AT PAGE 296, TOGETHER WITH ANY AND ALL INT'RRF:ST GRANTOR
14AY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OP WAY,
CQUIN 'Y OF EAGLE, STATE OF COLORADO.
V. a, 14 -� 1 y;Je1_1"; ILrWLO'orC I, J! P.kthI(,A14 AV Ad. 110, "')
Reception No. Recorder.
WARRANTS' DEED Recorder's Stamp
THIS DL%'J), Made this 14TH day of OCTOBER, 1994, between
SEC'11ON M, INC;.
a oorporatiun duly organized and existing under and by virtue o, the laws ofthe
Shamir of COLORADO of the firvt part., shirt
TOWN OF AVON, A MUNICIPAL. CORPORATION
whose legal address is P. L.D. AOX 975
AVON, COLORADO 81620
of the County of EAGIX, and State of COLORADO, of die second part;
itf, WITNESSETII: That the said party of thus first part, for aad in considcruion r S,
($10.00), to thf. said party of the first part hi hand paid by the said parties of the second part, the receipt whereof is herob), confessed and
1�I acknowle+dC-LA, hr.th grwit-ad, bargaincd, eold and conveyed, and by these presents loth grant, hargain, sell, cnnvey and cnnfirm unto the
said panics of the second part, their heirs and aynigns forever, all the foh" "owing devenbrd lot(s) cr parcel(s) of land, situate, lying and
bciag in thr County of EAGLE and Slate of Colorsido, to wit:
SEE EXHIBIT "A." - LEGAL DESCRiP1'LON ATTACHED HERETO AND INCORPORATED
IIERL'IN.
also known by sere.t:t and uuwbcr :is. AVON VACANT LAND (SWIFT GULCH PROPERTY"), AVON, COLORADO 81620
TOGETHER with all and sirigular the horcditaments and appurtenances thcrcunu) belonging, or in anywise appertainjrg, and the
reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever
of the said party of the first hart, either in law or equity, of, in and to the above bargained premises, with the htrcditainents and
appurienarrczs.
TO HAi'E AND TO HOLD the said prcmikes above bargaincd and described, with the appurtenances, unto the said parties of the
lZocrind part, their heirs and assigns forever. And the said party of the fast part, for itself, and its successors and assigns, doth covenant,
grant, bargain and agree to and with the said parties of the second pait, titeir heirs and assigns, that at the time of the ensealing and
delivery of thane Presents it is yell seized of the prernises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of
inhc&ancc, in law, in fee slnipic, and hath good right, full pvwcr auJ lawful autlio;lty to grant, bargain, a❑ll and Convoy rho samo m
mant,Cr and form aforesaid, and that lho same are free and clear from all former and other grants, bargains, sales, liens, texts,
as5essmYn,4 nnrl irnrvrmhrancc.e of whatever kind or nature soevcr: except for taxes for the current year, a lien but not yet due or
payable, easements, restrictions, resew, lions and rights -of -way of record, if any,
rind tho nhr,ve hargvaincd premiscs in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns,
agaimc all acid cv;ry person or parsons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and
will WARRNNT AND FOREVER DEPEND.
IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name. to be hereunto subscribed by its
Vice President, and ire rnrtinrarr, sr.Al to he hereunto affixed, attcstod by its „______Seoretary, the day and Year first above written,
Attest-
STATE OF COLORADO
COUNTY OF
Secretary
) SS.
o og n en r nt was acknowledged before. inc this 14TIl dray of OCTORFR
LhDA �lc�nGF, s VICE Ply SIDE�TT !t(nt
as of
SECTIif". U, tI4L "a-MUORADO Corpormion, —
My vcn inilmlon wcpir41%: y
Witnays my hand and Offlcia Yea . Notary PubL'e
No. 40ri. WARJUNTY DEED-- Corpurnuou.
I
I— IJd4 I I )rrh I Irioi HidiUri IURIV RVUA
s
i 0. j";53 r, J /�8
THE S1 /2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 12,
TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COMMONLY RFFEARED TO AS THE SWIFT GULCH
ADDITION TO THE TOWN OF AVON, COUNTY OF EAGLE, STAVE
OF COLORADO, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
M.AY RAVE IN AND TO 'THE SWIFT GULCH ROAD RIGHT OF WAY,
EXCEPTING THEREFROM ANY PORTION OF LAND LYING WYTNIN
THE 1-70 R.O.W.
AND TRACT Y. A RESUBDIVISION OF LOTS 670 68 AND A PORTION
OF TRACT C, BLOCK 1. TOWN OF AVON, EAGLE COUNTY, COLORADO
DESCRIBED IN FINAL SUBDIVISION PLAT- AMENDMENT No. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT -OF-WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS I AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 1 /2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP 5
SOUTH, RANGE 62 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO TES PLAT RECORDED NOVEMBER 5r 1982, IN BOOK 348
AT PAGE 296, TOGETHER WITH ANY AND ALL,INTEREST GRANTOR MAY
HAVE TIC AND TO THE SWIFT GULCH ROAD RIGHT OF WAX, EXCEPTING
THEREFROM THAT CERTAIN PORTION OF 'TRACT X AS CONTAINED IN
THE RULE AND ORDER RECORDED JANUARY 11 1993 IN BOOK 599 AT
PAGE 777, COUNTY OF EAGLE STATE OF COLORADO.
Oct. 1�,' 1uU4 _ 1''':' !F!,hook J IhS'1' A11H.:Ufi F.Hfl
Reception No. Recorder.
MIARRANT V DEED
THIS DEEP, Made this 14TH uay of OCTOBER, 1994 bttwcen
HENl:HMAKK A'f DEAVER CREEK, A COLORADO LINUTED
PARTNERSHIP
of dw. County of an!t CtHlr nff_fll,,(11rr1nQ, flrintnr, And
TOWN OF AVON, A MUNICIPAL CORPORATION
whose legal address is P. O. BOX 975, AVON, COLORADO $1620
of the County of EAGLE 9nd State of COLORADO, grantee:
Nu, j'L'bJ 1', IU /3H
WITNESSETH, That. the grantor, for and in consideration of the aum of TEN AND 001100ths DOLLARS, ($10.00), the receipt and
u X suff e-iu :Icy of which is hrroby uub;oowledged, hie granted, bargained, told and conveyed, and by these presents darn grant, borgAin, cell,
convey a_ld confirm unto the grantee, his heirs and assigns forever, all the real property togethor with improvements, if any, situate, lying
and being in tha County of IrAGLE, and State of Colorado, dcseribcd as follows.
SEE EXHIBIT "A" - LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED
HEREIN.
a14u kaluwu b; stauuL alaJ uuauLU-1 an AVON VACANT LAND (5Wlt 1' GULCH PROPERTY), AVOW, COLORADO $1620
TOGETHER with all and singular the hereditamcnts and apvurrenanees thereunto belonging, or in anywise appertaining and the
reversion and rc i:rsions, remainder and remainders, runt", issues and profits thereof, and all the estate, right, title, Interest, claim and
demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appuncnances,
TO HAVE AND TO HOLD the said premises iabove bargained and described, with the appurtenances, unto the grantee, his heats and
assigns forever. And the grantor. for himsalf, his heirs and personal representatives, does covenant, grant, bargain and ague to and with
the grantor,, his ncirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure. perfect, absolute and Indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and
lawful authority to gVaIIE, bargahn, sell and QonVcy Lim ]lame in m al17lVL alnl ILrlan afvfchald, and that the s0.rnG AIG f t4, and Clear from all
former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatevti kind or nature suever,
exe-elyt for tuiec for the current year, at Lien but not yet due or payable, easements, restrictions, reset W itions, covenants and
rights-of-way of record, if any, .
Tho grmaar shall arld will WARRANT AND FOREVER DEFEND the abovo-bargained preaniscs in the quiet and peaoeable possession
ol'thc grantee., his neirs and a ssigns, againsr all and every person or persona lawfully ClainlinP, liar whale ur zrlly J)ACt thorrof.
Tlic singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders,
IN WITNESS WHEREOF, the gninror Kit: axrrutaji this ;decd on the date set forth above.
BENCH',14ARK AT HEAVER CREEK, A COLORADO MNII ED PA
by Benchmark Company i a CclDrdau
Generraj_ Partr o -Zcrh 'p„ Sole Gener 1
By:
STATE OF COLORADO
A. J. We'll`s'," attorney -inv
ss.
COU'NT'Y Or >
The foregoing instrument was acknowledged before mo this 14TH day of OCTOBER, 1994 by
Wells as aLLoriie -iii -tact for aerichmetrk and
grit aL - ar gra o G eA L()RAt ai0 LIMITE ll of
My r�i�minission expires: lute. .m hand and off ial
Nnury Put,lio
tio. 912A- Rev. 7.84. WAMANT1' DRFI) (for Photographic Record)
0C 1. 1L. i4y4 12;14f lk pIA61, Alit xI�'Ali AvuA N0, 3253 Y, 11/38
s
TRACT C, A RESUBDIVISION OF LOTS 67— 68 AND A PORTION OF
TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNT' COLORADO,
DESCRIBED IN FINAL SUBDIVISION PLAT - AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT —OF —WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS I AND 2 TREREOF, TOWN OF AVON,
COLORADO, THE S 1/2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP
S SCUTH, RANGE 82 WEST OF TaE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOOK
348 AT PAGE 296, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAY IJAVE IN AND TO THE SWIFT GULCH FOAD RIGST OF WAY,
COUNTY OF EAGLE, STATE OF COLORADO
U c t 1994Ard,10:10A14 ,cj,F1RST AMERICAN AVON ' No, 3236 P. 7/28
Reception No. — Recorder..
WARRANTY DEED
1'1115 ll131;D, Math: this 14TII day of OCTOBER, 1994 hctwcen
S & G VAR'1'NI,RSHII', A C01,0RADO PARTNERSIIIP
of the County of _ _ end Slate of COLORADO, grantor, and
TOWN OF AVON, A MUNICIPAL CORPORATION
avhosc fugal addmNis is 1•. O. BOX 975, AVON, COLORADO 81620
of ilia County of EAGLE and Suite of COLORADO, granlec:
6Q, WI'1'NI:SSEl'lI, Thal the grankrt. for nail in consideralion of tlto sam of'frN AND M100t1 -i)OM, igl�l���na
suf'. 'y of which is hereky acknowledged, has grunted, bargained, sold and uonveytxl, and by these pmaenta does gent bargain, Bell,
con�cy and confirm unto the brantea, his heirs end assigns forever, all the real property together with improvements, if any, siwete, lying
1r and being in the County of LACLE, and Sbtte of Colorado, deswilled ae follows.
SEE EXHIBIT "A" - LEGAL DESCRIPTION ATTACHED IIEIMTO, AND INCORI'ORATLI)
IERrIN.
also known by strait end nlhnbcr as AVON VACANT LAND (SWIFT GULCH PROPERTY), AVON, COLORADO 81620
1'OCIti'I'IIER with alt and singular ilia licrudilamenis and opputvenances Ihercunto belonging, or in anywise appertaining and the
reversion and ravnMlong. rumaiudor and remainders, rents, Wuea and pmf to theraof, and all the cstate, right, title, intorest, clahn and
dcnm id whatsoever of the grantor, either in law or equity, of, in and to ilia above bargained premises, with the hereditantents and
appurlenanccF.
TO HAVE AND TO HOLD the said pretniscs above brgaincd and desaribed, with the appurtcaances, unto tho grantee. his heirs end
assigns furcver, And ilia grantor, for himself, his heir-. and personal ropresontativee, does covonant, grant, bargain and agreo to and with
the, grantee, his heirs and assigns, that at the time of the crnsealins and delivery of these presents, Ile is well seized of the premixca abovo
eonvuyud, tins good, cure, porfecl, absolute and indefc isiblc cslata of uiheritanee, in last, in fee simple, and has good right, full power and
lawful atilharity to grunt, bnrrcain, Bell and convey Ulu aamC in nianner and form aforesaid, and that ilia name are free and clear from all
further and ollicr graniB bnrgnikin, sntus. liens, taxes. assessments, eneumhmncca and rtarriclions of wlintever kind or nature socvcr,
except file taxts for the torrent year, a lito but not yet due or payable, easetrltnts, restrictions, reservatmns, covenants and
elghts -of- -way of rimard, if any, .
'Clio grantor shall and will WARRANT AND FOREVER D13FEND the above•bargair" preminm in the quiet and peacablo povacasion
of the grontoc, his heirs and assigns, against all and every parson or persons lawfully olairrring Ore whole or any part t[reteof.
The singular number aholl include the plural, the plural the singular, and the use of any gender *hall bo applicable to all genders,
IN WITNESS WHEREOF, die grantor has oxeculed this decd on die data sot forth above,
S 19 G PARTNERSHIP. A
by I7 /1'
Qscar
STATE AF COLORADO- /V e w
) eta,
COUNTY OF V C' i, k )
Tho furcgoing instrument was nekrmwlcdgod before ate this 14TII dny of OCTOBER 1994 b
Oac}X� Tana as General Payer shed
ae of
t; VAK
�(-
My Commission expires:' Witnea my hand and otLeial
� NoYry�rUblln
ELIZABETH M CULHANE
Notary Public, State of New York
No. 31- 4708952
COITIRIission F-xftiies, % \pril30,��1
9 9 (s.
Oct-12,1994 10;11AM FIRST AMERICAN AVON '
No.3236 P. 8/28
TRACT C, A RESUBDIVISION OF LOTS 67- 68 AND A PORTION OF
TRACT C, BLOCK It TOWN OF AVON, EAGLE COUNTY COLORADO,
DESCRIBED IN FINAL SUBDIVISION PLAT- AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THB
ROAD RIGHT -OF -WAX TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 TSEREOF, TOWN OF AVON,
COLORADO, THE S 1/2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP
5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOOK
348 AT PAGE 296, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
COUNTY OF EAGLE, STATE OF COLORADO
,,L, 4oaI .L.:v::r: n:7 ntv:r . 116.36�S Y. 1I13U
AVON VACANT LAND (SWIFT GULCH YROPERM
FIRST A.MERWA.N 'HERITAGE TITLE COMPANY
REAL ESTATE TAX /ASSE=SSMENT AGREEMENT
It is hereby ut►dn:swod and agreed that taxes for the current year for property known as AVON
VAL'ANT LAND (SWIFT GULCH PROPERTY), AVON, COLORADO 81620 have been prorated on an estimate of
26,097.98 as of this date on dap basis of;
( ) The most recent assessment and mill levy;
94 Land Assessment
94 Improvement Assessment
93 Mill Levy
The above figures were obtained by telephone from the County ,Assessor's Office. FIRST
AMERICAN HERITAGE TITLE COMPANY is released from any and all .liability in the
event the C.nunty Assessor misquoted the assessments and/or mill levy figures. Any
further adjustments shall be. made, v)lely between the Buyer(s) and Seller( %).
( x ) Estimate a:; provided by 1993 Faxes (See Tax Certificates attached)
Seller warrants that property IS NOT subject to a pending tax protest and/or appeal.
It is agreed by tlae undrL igued that the above adjustment shall be:
x j Considered a final settlement.
( ) Re- adjusted between the Buyer(s) and Seller(s) when the tax statement
is available from the County Treasurer,
( ) Re- adjusted between the Buyer(s) and Seller(s) as to any changes in the
unimproved land assessment or hill levy.
The Buyer(s) and Seller(s) assume responsibility for pursuing and effectuating any
readjustments FIRST AMF.RIC:AN HERITAGE TITLE COMPANY is released from
any and all responsibility for said re- adjustment
FIRST AMERICAN HERITAGE TITLE COISIPANY assumes no responsibility for the adjustment
of special taxes or assessments or for the exception of these items in the convoyanee. Sellers) hereby
warrants drat special assessments affecting subject property, including but not limited to Homeowners
AssuOutiuu flues vi asacssmeats, are paid in Bill, except as reflected on the statements of settlemcnt.
Gated this 1cm day of OCTOBER, 1994.
Benchmark at B Creels, a Colorado
Li i r 'p to parcel B
BX ,.
A. ells,
attorney— ih) -fact for
Renchmar Company, a Colorado
Partnarsl-i�p, sole general partner
TOWN OF AVON, A MUNICIPAL CORPORA'T'ION
S & G Partnership, a Colorado Partnership
as to Parcel B
BY:
Oscar L. Tang, Gcncral Partner
Willihm Tames, Town Manager
SEC111OV6, INC.
AICOI, ADO CORPORA'
Seller forwarding address;
an to Par. el A
i
e President
UCI. 1L. IYY4 1U:11AM LAIRS' AMERICAN AVON , I I No. 3236 P. 9/28
. AvgN VACANT 1AND (SWIFT CL..,.... — . . --
FIRST AMERICAN HERITAGE TITLE COMPANY
REAL ESTATE TAXIASSESSMENT AGREEMENT
it is hereby understood and agreed that taxes for the current year for property known as AVON
VACANT LAND (SWIFT GULCH PROPII;RTY), AVON, COLORADO 91620 have been prorated on an estimate of
$ 26,097-99 as of this date on the basis of,
( ) The most recent assessment and mill levy:
94 Land Assessment
94 improvement Assessment
93 Mill Levy
The above figures were obtained by telephone from the County Assepor's office. FIRST
AMEPJCAN HERITAGE TITLE COMPANY is released from any and all liability in the
event the County Assessor misquoted the assessments and /or mill levy figures. Any
further adjustments shall be made solely between the Buyer(s) and Seller(s)_
( x ) Estimate as provided by 1993 Taxes (See Tax Certificates attached)
Seller warrants that property 1S NOT subject to a pending tax protest and /or appeal.
It is agreed by the undersigned that the above adjustment shall be;
(x) Considered a final settlement.
( ) Re- adjusted between the Buyer(s) and Seller(s) when the tax statement
is available from the County Treasurer.
( ) Re- adjusted between the Buyer(s) and Seller(s) as to any changes in the
unimproved land assessment or mill levy.
The Buyers) and Seller(s) assume responsibility for pursuing and effectuating any
re- adjustments. FIRST AMERICAN HERITAGE TITLE COMPANY is released from
any and all responsibility for said re- adjustment.
FIRST AMERICAN HERITAGE TITLE COMPANY assumes no responsibility for the adjustment
of special taxes or assessments or for the exception of these items in the conveyance. Sellers) hereby
warrants that special assessments affecting subject property, including but not limited to Homeowners
Association dues or assessments, are paid in full, except as reflected on the statements of settlement.
Dated this WIN day of OCe0111,tt,1994.
Benchmark at Beaver Creek, a Colorado
Limited Partnership, as to Parc*1 B
By--
A.. J. wells, attorney- inyfact for
Benchmark Company, a Colorado
Partnership, sole general partner
S
a:
B�
TOWN OF AVON, A MUNICIPAL COIL RATION
ship William JaMes, Town Manager
SECTION 36, INC.
ACOLORADOCORPORATION aS to Parcel A
by
Linda Rodgers, Vice President
Seller forwarding addeam:
Jul. 1L. 1 754 1LI111ivi f I A 0 1 A141EAI!JAIN P.VL'1V , iNo. jzlj f. IS/,d
PARCEL A:
THE S7/2 OF THE NE 1/4 OF TEE NE 1/4 OF SECTION 12,
TOWNSSIP 5 SOUTH, FLANGE 82 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COMMONLY REFERRED TO AS THE SWIFT GULCH
ADDITION TO THE TOWN OF AVONr COUNTY OF EAGLE, STATE
Of COLORADO, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
'JAY HAVE IN AND TO THE SWIFT GULCH ROAD MIGHT OF MAY,
EXCEPTING THEREFROM ANY PORTION OF LAND LYING WITHIN
THE I -70 R.O.W.
AND TRACT Y, A RESUBDIVISION OF LOTS 67, 68 AND A PORTION
OF TRACT C, BLOCK 1. TOWN OF AVON, EAGLE COUNTY, COLORADO
DESCRIBED IN FINAL SUBDIVISION PLAT — AMENDMENT NO. 4r
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT —OF —WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE 5 1 /2, NE 1/4r FEE 1/4 SECTION 12, TOWNSHIP 5
SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER. 5, 1982, IN BOOK 348
AT PAGE 295, TOGETHER WITH ANY AND ALL�INTEREST GRANTOR MAY
HAVE IN AND TO THE SWIFT!' CULCU ROAD RIGHT OF WAY, EXCEPTING
THEREFROM TEAT CERTAIN PORTION OF TRACT Y AS CONTAINED IN
THE RULE AND ORDER RECORDED JANUARY 11 1993 IN BOOK 599 AT
PAGE 777, COUNTY OF EAGLE STATE OF COLORADO.
PARCEL B:
TRACT C, A RESUBDIVISION OF LOTS 67- 68 AND A PORTION OF
TRACT Co BLOCK 1, TOWN OV AVON, EAGLE COUNTY COLORADO,
DESCRIBED IN FINAL SUBDIVISION PLAT— AMENDMENT N0, 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT —OF —WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLA14NED AREA) AND PARCELS I AND 2 'THEREOF, TOWN OF AVON,
COLORADO, THE 8 1/2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP
5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE FLAT RECORDED NOVEMBER 5, 1982, IN BOOM
'148 AT PAGE 296, TOGETHER. WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
COUNTY Or EAGLE, STATE OF COLORADO
U L. 16, 1tiy4 1L: 1 ir1V1 r 11tbI JA2dtKI1 jR1V R�iU11 - 1N0. :G`)Ji F. h% 7�
TAX CERTIFICATE ` Page I of 2
Customer FIRST 41ERICAN HERITAGE TITLE CORP 30979
Order Number
69202
File Number E500047894 -2�
OTdcr I7arc & Time OB /I2/94 11 :52:41
Loan Number
Open File Nbrs:
Property Owner SECTION 36 INC.
Effective Late 08115/94
Sites address VAEmT LAND
AVON, CO
Description TRACT Y BENCHMARK A "F BEAVER CREEK
Assessed Values
Exemptions
LAND
3.460
NONE
Toeal:
3.450
TAX INFORMATION
Tax
Amount
Amount
Collection Distrtc- Type & Name
Tax Account Number
Year
Tex Rate X
Status
Bass
Goad Thru
Good Thru
COUNTY
1993
819573000
Pr -,,O
309.92
EAGLE COUNTY
TOTALS
TAX AREA BK AK00WN ****'*x
�
1.0018000
34.58
EAGLE COUNTY
0,3997000
13.83
CHC
2.8306000
97,93
RE50J SCHOOL
2.5573000
88.48
TOWN OF AVON
1.4040000
00,58
AVON METROPOLITAN DISTRI
0.2622000
9.07
UPPER EAGLE VALLEY $ANIT
0. 0394000
1.36
COLORADO RIVER WATER CO
0.4704000
2,04
UPPER EAGLE VALLEY CONSO
0.2750000
9.51
EAGLE VALLEY LIBRARY DIST
0.1169000
4.04
EAGLE COUNTY EMER',MY
i
i
5
Comments CLAS$ ! 0200 ASSO VAL: 3460
THIS CERTIFICATE REFLECTS TAXES ASSESSED ON LANO ONLY. IF THERE
ARE IMPROVEMENTS ON THI5 PROPERTY, ADDITIONAL TAXES MAY BE DUE,
V". IG, 1��4 1L.IOrvi r I A 1 1.1N1r,A1�jIRA AVUA -
- TAX CERTIFICATE
NO, j'L5 j I yi!,j6
Page 2 of 2
Customer FIRST AMERICAN HERITAGE TITLE CORP 30979
Order Number 69202
File Number E500847894•2
Order Dam & Time 08/12/94 11:52:41
Loan Number
Open File Nbrs:
Property Owner SECTION 36 INC.
Effective Date 08/15/94
Sites Address VACANT LAND
AVON. CO
Description TRACT Y BENCHHARK AT BEAVER CREEK
Assessed Values
LAND 3.46
Total
Exemptions
NONE
COLLECTION DISTRICT INFORMATION
Name
Address
Phone
►l ing
Frequency
Delinquency
Date
50190000 EAGLE COUNTY
EAGLE COUNTY TREASURER
500 BROADWAY
EAGLE, C081631
('003)328.8950
Al�UTAL
04/30/94
lnformarlm vwarding special taxing distriets and the boundaries of si+rh district, may oe en file or necosir wlrh me 8aard of County enw(ssfoners. the County Clerk and Recorder. or the
('aunty Assessor. lnt". sc nr, taxes is carpured on o monthly u0s. This cerzlricate does not include spcciyl asses>men[s or 0,01MQUent service charges With OW oe due rot, ccllecclon in the
enSufiv y?er
Firsr Nnerican Real Estate To)r jcrvisg, the undersigned. cerriRCS f(:xrepC aS herein flprrfoned) thar all Counry. City, Schunl and Water District taxes and Standby Fees vn the property
described above are paid un a _uerenr coniv ocn as of the "Tleow daze or this cerrf0care rltn the exception Df ^_hese items listed as dellnouant, Tax aecuncs ar? guaranteed as snowr
exrepC far rdX roll SLOP lamesC;Jchanges. special use valuation and cnanges in land ose, owiershfp oe exception :talus First Aiwrfon's liadillty is limlted to the case tax, less of discount.
paralry and Interest and reasonable accoriiey's reel. if ant. assoc dCed with the leans incorrectly reporccd 4S yr the date of rhfs certfficare First R2r?can does nor report Dn and does nee
certify or guaranrae as tv Caxs in minerals wsere chore is er has Leen produuzlon, mirsrnl led es ur persorai )Pccerty taxes. Non ad•vdivrem tax Items such as paving liens, weed tees. and
peWrOl proDert/ [Arc9 ma•V De 7T7CIUdOU ter infcriwifwal pu=zes bar are npr guaranteed. 1400 Corporate Dr . drving. TX. 15038 -VAEO
I.Fee 18,00 1 BY J HOLTZ 756.350D TCTD I Cd letion Date 08115/94
CI. 1L, 1H4 1L.1bfbi tIX( I RldtfrILADI AV
rd C. r, 1d/j0
'SAX CEO TINCA,TE
Page 1 of 2
Custc�riler FIRST AMERICAN HERITAGE TITLE -:ORP 30979 Order Number
69200
File Number ES00847B94•1
Order Dats Time 08/12/94 11.38:48
Loan Number
Open File Nbrs:
properry owner SECTION 36
Effective Date 08115/94
Sites Address VACANT LANG
AVON, r,0
Description 2 SWIFT 6iiLGq A B:NCHNaRK AT BEAVER GREEK
Assessed Values Exemptions
LAND
216,200 NONE
Total:
215,200
TAX INFORMATION
Tax
AMUnt Amount
Collmtian District Type 6 Name Tax Acc,vnt Number Year
Tex Rate x Status
Base Good Thru Good Thru
1993
8.9573000 PAID
19.365.66
COUNTY
EAGLE COUNTY TOTALS
TAX AREA BRFJ9(D N **k"*'**
1.0018000
2.165.69
EAGLE COUNTY
0.3997000
e64.15
2,W6000
6,119.76
RESOD SCN09L
2.5573000
5.528.86
TOWN OF AVON
1.4040000
3,035,45
AVON METROPOLITAN DISTRI
0.2622000
566,86
UPPER EAGLE VALLEY SANIT
0.0394000
85.18
COLORADO RIVER wATER CO
0. 0704000
152,20
UPPER EAGLE VALLEY CONSC
0.2750000
594,55
EAGLE VALLEY LIBRARY GIST
0.1159000
252.74
EAGLE COUNTY EHERGENCY
Comments .LASS. 0200 ASSD VAL: 216200
THIS CERTIFICAre REFLECTS TAXES ASSESSEt' ON LAND ONLY_ IF THERE
ARE IMPROVEBENTS ON THIS PROPERTY. ADDITIONAL TAXES MAY BE DUE,
uct, !L, 1y�4 1L,l�rlat
VI1tb1 AN1ult1UA11 RVUN I
TAX CERTIFICATE
110, JL0J r, iWiJ0
Page 2 of 2
Custorher FIRS' AMERICAN HERITAGE TITLE CQRir 30979 Order Number 69200 File Number E500€,17e94.1
Order 1]atc & Time 08/12/94 11;3 0:48 Loan Number
Open pile. Nisrs:
Property Owner SECTION 36 Effective Date 08/15/94
Sites Address VACANT LAND
AVON, CO
Description 2 SWIFT GULCH ADD BENCHMARK AT BEAVER CREEK Assessed Values Exemptions
; ANQ 215.20 NONE
Total: 216, 00
COLLECTION DISTRICT INFORMATION
Billing
a mquency
Name
Address
Phone
Frequency
Date
50190000 EAGLE COUNTY
Soo BROADWAY
EAGLE COUNTY TRWURER
EAGLE C081631
(303)3288860
ANNUAL
04/30/94
infcim70on regarding speefal caxrrg df4tr7Cts and the boerdorfes of'suv.i dfstriers IIAY be cn F17e or deposit Orr the 6oird of county c m+ssldrrers. the courry cierk ai.7 Recorder, or tip
Covncy Assessor. Interest on Taxes is earpured on i r.Ianthly basis This certificate does nor invivdd specfal asse5WWnt3 Or detfn2Uent servfee elIarm Wlich may oe due for collection in the
ersufng yVnr,
Firs: VWrfCan Real fsrarc raA Service. tna vnderstgned. cerrfrfes (except as herein rLRtioned) that all Cour:y. cfty. School and barer Disrnct taxes and Scandby Fees on me property
described coove are paid in a currenr cand!Von as of the w7pletfon date or this cerrirlcate, wfrn the WW of those ftans listed as delfngWtir. Tax aVvnts are guaranteed as shown
eyrepr for tax ro ll supple7renrs;chenges, sperfal use val,.arldn and Changes 7n land use. a.nershfp oe exception srame. Flrsc Awrrrdr,'s 11074V is 18,71red to the Ease eax, less of di,cvynt,
penalty and Interest and reasonable arrornel, a fees. if arty, asscrfared with thr lion$ incorrectfy revcr:ed as or the date OF rnfs eert,Fivate, First A^iericen does not reporr On and does not
eerrrfr yr guarantee as to taxes In rtneraIs where there is or nos been produerion nindral leases or personal property :axes. kw ad- valorem tax item such as paving I +ens. weed 7`ees. and
personal prcrserry taxes r.,ay Ee inclurkd for infvrraF +onal ;vrposes out are not guaranteed. 1400 Cat-prare 0r , Irvinq, TX, 75036 -2e20
Fee 18.00 1 BY J HOLTZ 756.3500 TCTD Com lotion Date 09/15/94
UCT, I 1 4 iz IIHfVi r.Ltllli AyifhlL RB RVUN iqo, f, CU/ U0
TAX C ERTiFICA''E Page > of 2
Customer FIRST AMERICA,4 HCRITAGE TITLE CORP 30979 Order Number 69173
File Number ESoO647994
Ocdcr Datc & Timc 08/12/94 09:41:58 Loan Number
open File NbTS:
Property CJwner SECTIbN 36 Aiv'D BENCHMARK AT Bl
virus Address VACANT LAND
AVON. CO
Description PARCEL 1 BENCHHARY AT BEAVER CREEK
1 SWIFT GULCH ADD. 5ENCK4ARK AT BEAVER CREEK
TAX INFORMATION
CollectioLj) Ty ne 5 Name Tax Accuunt Number
COUNTY
EAGLE COLL4TY TOTALS
==TAX AREA E
EAGLE COUNTY
CHC
RE54d SCHOOL
Tw OF AVON
AVON METROPOLITAN DISTRI
UPPER EAGLE VALLEY SANIT
COLORA00 RIVER WATER CO
EAGLE VALLEY LIBrRARY
EAGLE COUNTY EHER EN
Assessed Values Exemption$
LAND 46.690 HONE
Total,
46.690
Amours Amount
Tax
Year Tax Rate S Status
Base Good Thru Goad Thru
1993 8.9573000 PAID
4,152.16
f 1.0018000
467.74
0.3997000
186,62
2.9306000
1,321.60
2.5573000
1,194.00
1,4040000
655.53
0.2622000
122.4.
0.0394000
18.40
0.0704000
32.67
0.2750000
126,40
O.I169000
54.58
Comments CLASS; 0200 ASSD VAL-. 46690
-MIS CERTIFICATE REFLECTS TAXES ASSESSED ON LAND ONLY. IF THERE
ARE INPROVEHENTS ON THIS PROPERTY. ADDITIONAL TAXES HAY BE DUE.
UcL. Ic. I � j 4 1.1 Ur1Y1 r1n11 K1V1i:x1UHA xvU1v
TAX CERTIFICATE Page 2 of 2
Cu8i0ffier FIRST AMERICAN HERITAGE TITLE CORP 30979 Order Number 69173 File Number E500847B94
Order Dart & Time OBIJ2194 09:41:58 Loan Number
Open File Nbrs:
Property 5 wner SBCTION 36 AND BENCHMARK AT BEA'
5itus Address VACANT LAND
AVON. co
Description PARCEL i 9ENClil" AT EEAVER CR.EFY
1 .swn C,ULCH W. EENCHMMK AT BEAVER CREEK
COLLECTION DISTRICT INFORMATION
Name Address
50190000 EAGLE COUNTY 500 BROAi
EAGLE COUNTY TREASURER EAGLE,
0081631
Assessed Values Exemptions
LANG 46.69 NONE
Geal: 46,
Phone Frequency bare
(303)328 -8060 ANNUAL 04/30/94
Infprmarion re ;ardrn9 Special taxfrp districts and Cho doundarfes of seen districts may be ar file or deposit With the Board of Courey co migdfpners. the County Clerk and Revrder. or se
Ceunry Assessor. interest on :axes is Cmputed OA a Mnthi; bans: this certfffcare does not inclade speciai assessments or delfrquant service charges Mich may be due for cdilecr ►on in the
ensuing year.
Firsr A±sriCer FEB) Esters r'ax Service. the undersigned. earrfrles (cxCepr as herefn mend& -di that ail County, City. Senodi and Water ag a jcr tares and Standby Fees ua the properly
described abdVe yre paid In a current tond+tiar as of C." = mplct,am date of rhls cerefficate. Orr the jgeprfon of (Hess ,Cp±s listeC as derirpoent. Tax aenunrs are guarar.Gaed as shots
except ror tax roll supplaTertslchanpes, special u4e valuation and charges in lend use. o,Fersnfp or ex=tfOn srarua: Ffrar MlriGan'S liaCili y is lirlfted co the case tdx, loss �r drscaunc.
penalty and inte+-tst and reasonable arrorney'r lees. ff an }. asSCelat=d wi_n the liens fncarreerly reported as of the date of rhis cerrfffcate, Ffrsr AWHUn oats rvr reporC on and does rot And
terrify or guarantee as ro ra-t ff. minerals Wnere mere i$ or has Seer prod,,VClon. mineral ceases or, personal property taxes. Nan ad- valorem tax 4M TU CgrporatenPrt' 'Mr' WelofX,eS, 2dZ0
personal property .'axes may be included for informatitner purpos,4 out are 64t gUdrpCeed.
UCI, 1G, 1yy4 1L:LUrM vIIKJI RIVI-11 C i ��AA AvUN I I . ivo, JM r, LL,J�
m AV P"'ru " Wi% A TV, page 1 of 2
UCt, 1L, 1 yy4 1L:'L.YNi PIK5'l AmhxIGAIN AVON 1110, 'Mi Y. "ZRA
TAX CERTIFICATE Page 2 of 2
Custotier MST AMERICAN HERITAGE TITLE CORP 30979 TOrdw Number 69203 File Number EMBM94 -3
Da[e & Time 08/12194 11:58,20 Loan Number
Open File Nbrs:
Property Owner SECTION 36 l3ENCILMARIC AT
Situs Address VAW LAND
AVON, CO
DescripdOn 7FACT C BENCMARK AT BEAVER CREEK
COLLECTION DISTRICT INFORIviA"TION
Name Address
50190000 EAGLE COUNTY 500 BROAC
EW COUFM TREASURER I EAGLE,
C061631
Assessed 'Values Exemptions
LAND 25.01 NONE
Total: 25,
Ph one — Fravency Date
(303)328.88fi0 ANNUAL 04/30/94
inra matfon eegirdins soecfa) taxfnd discefers and me boundaries of Sven distrim may be pn file or deposit with ne $oard of fwnty CmmisSfOners. the Caunw Clerk and Retarder. or the
Lvr<nty Assessor. Interest an ewes is cumured cn a monthly basis, Ihts certificate dpec nor includa spec;a+ a5sessmenrs or detfnquent service crargeS which v;� be die for rdilaetfan in thr
ensuing year.
First ,ungrican Real G�eate lax Service. the undersigned. ryrrtrtes �dxeepr as h¢refn rw�tipned) twat all County, Lary, :Mddi and Waver ntstrict tares and Standdy fees on the prpperry
de5crlwi active Am paid in a Curren: canditfo +Y 25 of the cawletino ddta of rh15 Gertfflcate. wim tre exceprian Of rhd5e fCEms listdd as delirpuerr. fax demunts ar' Quaranteed as shpts
excgf For tdc roll supplements /cftsnQes. special use raluatipn and cnanQes 'n land use. ownership or ¢Aeeprion status. First American's IiabfIfV is +imrred to the base tdx, loss pf discount,
penalty ono interest and reasonable attOrn ?Y's fees, if Dny, assor,�dred with the hens incorrectly reported is of tht dare of this certifieate. Ffrse amerfcan does not repart on and dots not
terrfe >, or guarantee as to taxes in nblerals ',here there is or has been production. mineral 1e9ses or pnr$on2l property taxes. Na ad•valcren tax teens such as paving fien5. weed fees. anti
personal property Taxes may be included for fneonaational purposes out Are nor guaranteed.
JooO Corpo+•ate or.. !r +'1np. >•rt', TiQ39.7�f20
UCT. 1L. IyH 11:4JRM PlKbl AMHIUAN AVON M. 3Z4b P. 1U/1Y
`
AVON VAC MT LAND (SWIFT OULC:RPROPERTY)
RE: Commitment No. ES008471194
AFFIDAVIT AND INDEMNITY
TO FIRST AMERICAN TITLE INSURANCE COMPANY
I. This is written evidence to you that there arc no unpaid bills for materials or labor furnished For the
construction and erection, repairs or improvements on property located at AVON VACANT LAND (SIVIFT
GULCH PROPERTY), AVON, COLORADO $1620 and legally described as:
SEE EXailBIT "A" - LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED
HEREIN.
2. Wen furater represeot that theta are no public improvements affecting the property prior to the date of closing
that would give rise to a special property tux assessment against the property after the date of closing.
3. We further represent that there are no pending proceedings or unsatisfied judgments of record, in any Court,
Shun or FcJerol, nor any lax liens filed against uS. That if there Are any judgments, ban kmptcies, probate
proceedings, state or federal lax liens of record against parties with as= or similar names, they are not against
us.
d. We Further represent that rhere are no unrecordod contracts, leases, easements, or other agreements or interests
relating io said promises of which we have knowledge.
5. We further represent that we arc ill sole possession of the real property described herein.
G. We furlhar represent that Were ara no unpaid charges and assessments that could result in alien in favor of any
asutciation of homeowners which are provided for in any document referred to in SehwJulo B.
The undersignad affiant(a) know We matters herein stated are true and indemnifies FIRST AMERICAN TITLE
INSURANCE COMPANY, against loss, coglc, damages and expenses of every kind incurred by it by reason of its
reliance on the statements made herein.
This ugreement is executed wide and forma a put of the sale and /or financing of the above described premises,
and is given in addition to the conveyance and /or financing of the premises in consider40n for ale conveyance
and /or financing, and fortes a colnplata agreetnaut by ft5elf for any action thereon.
Benchmark at Beaver Creek, a Colorado
Limited Partnership, as to Parcel 8 SECTION 36, INC.
A COLORADO CORPORATION as to Parcel A
By. by
A. J. Wells, attorney —in —fact for
Benchmark Companv, a Colorado
Partnership as sole general partner Linda Rodgers, Vice President
STATE OF COLORADO S & 6 rtner:Zs� ' p o
Part •rs ip, o ar cel
COUNTY OF ss. By:
The foregoing instrument wus acknowledged before ,ne this 14711 day of OCTOBER, 1994 by ( �% 1.6 QMg9L Linda Rodgers ax Vice President //
us of
SECTION36, INC., n COLORADO Cu9mratiun. see a di Iona no ary ac slew a gmen s attached)
My Commission L•xpirea:
Notary Public
M, 1L, 1yy4 11:44AM YIRK AMERICAN AVON No, 3246 P. 11/19
State of Colorado
County of
ss.
The foregoing instrument was acknowledged before me this day of
October, 1994 by A. J. WELLS, ATTORNEY -IN -FACT FOR BENCHMARK COMPANY,
A COLORADO PARTNERSHIP AS SOLE GENERAL PARTNER OF BENCHMARK AT BEAVER
CREEK, A COLORADO LIMITED PARTNERSHIP.
My commission expires:
Witness my hand and official seal.
Notary Public
State of New York )
ss.
County of /1`1 )
The foregoing instrument was acknowledged before me this •Ilhl� day of
October, 1994 by OSCAR L. TANG,,GENERAL PARTNER OF S & G PARTNERSHIP,
A COLORADO PARTNERSHIP.
My commission expires: /h 0A&
Witness my hand and official seal.
C)// - ,j_i(� /% ,%
votary YuDzic
ELIZABETH M CULHANE
Notary Public, State of New York
No. 31- 4708952
Qualified in New York County
Commission Expires April 30, 19g1
VC 1. 1L. ;1 yy4 11 ; 44AM r 1 X51' AMER 1 GAN AVON No. 3246 P. 12119
PARCEL A:
THE sl /2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 12,
TOWNSHIP 5 SOUTH, RANGE 83 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COMMONLY REFERRED TO AS THE SWIFT GULCH
ADDITION TO THE TOWN OF AVON, COUNTY OF EAGLE, STATE
OF COLORADO, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
EXCEPTING THEREFROM ANY PORTION OF LAND LYING WITHIN
THE I -70 R.O.W.
AND TRACT Y, A RESUBVIVISION OF LOTS 671, 68 AND A PORTION
OF TRACT C, BLOCK 1. TOWN OF AVON, EAGLE COUNTY, COLORADO
DESCRIBED IN FINAL SUBDIVISION PLAT - AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO ANT) THE
ROAD RIGHT -OF -WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 112, NE 114, NE 114 SECTION 12, TOWNSHIP 5
SOUTH, RANGE 82 WEST OF THE 6TH VnNCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOOR 348
AT PAGE 2961 TOGETHER WITH ANY AND ALL�INTEREST GRANTOR MAY
HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY, EXCEPTING
THEREFROM THAT CERTAIN PORTION OF TRACT Y AS CONTAINED IN
THE RULE AND ORDER RECORDED JANUARY 1, 1993 IN BOOK 599 AT
PAGE 777, COUNTY OF EAGLE STATE OF COLORADO,
PARCEL B:
TRACT C, A 99SUBDIVISION OF LOTS 67- 68 AND A PORTION of
TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNTY COLORADO,
DESCRIBED IN FINAL SUBDIVISION PLAT - AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT -OF -WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 1/2, ICE 1/4, NE 1/4 SECTION 12, TOWNSHIP
5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOOK
348 AT PAGE 296, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
COUNTY OF EAGLE, STATE OF COLORADO
r.ilu. t LLVI r11r.L'AILA"I A4, l`I NU. ,i i'1 '1 Y. /:ll•% 111
Na. 1F
RR: t`r�mrnitmhnr. :6gfIR47R94
AVON VACANT I.AND (9WIFr GULCH FAOFEKn)
.
AITIDAVIT AND INDENMY
TO FIRST AMERICAN TITLE INSURANCE COMPANY
t• Thi;r i�i wliiieu evince lu you that thele We uu uttpdid bills fur llrd►tridla ui labor rutuislied jui (lit:
construction and erection, repairs or improvements on property located at AVON 'VACANT' LAND (SW M'
GULCH FROPERTY), AVON, COLORADO 81620 and lgally dturibcd iw;
SEF EXHIBIT ".A" - LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED
HEREIN.
2. Wa further reprasent that thafe ara no public improvements affecting the property prior to the date of closing
11mi, would give lists tv d iptst,idl piuptliy WA dsaebsu13nt agUiu8t the piopClty ttftct tht date of clUaiing.
3. We fUT0 MT Tefnesent thal 11wie di r, fiU pendllli• Frtn,eedtilgS Of WLSUiSfied,ltldguientS of rtl oid. ill filly Ccurt,
State or Federal, nor any tax lion:, filed against US. That if there are any judgments, bankrvpteiec, probate
procrrlling,;, state: or Prttrml tax lions of Twnrd Kgain,,L paTLim with sdnte ur tiinlildr• names, Lhey dre rtUt •shift
111.
4. Wt further reprwont that share, arc, no unrccordW- contracts, 1casC3, casements, or other agtramcnt8 or intercati
relating to said prenuses of which we hive knowledge..
J. We further represent that rue are in sole possession of the real property described herein.
6. We further r- prestn.t that there are no unpaid charges and assessments that could result in a lien in favor of any
dMLK;idtivu of hQLurQWu0I'6 which af0 piovidcd fir in any document referred to in Schedule D.
The undeo igueil arftaui(b) lulow the tuatttis herein btatod arc true and indemnifies FIRST A,MERICA•N TITLE
INSURAINCid C OMI'AN Y, against lops, costs, damages and expenses of every kind incurred by it by reason of it!;
reliall -urt pit stahment:s made heltin.
This agreem, -at is exe nme.il with send forms d part of the Hale andinT lrnanuin„' Ur Life above desallied pItunilim.
told is given in addition to the eonvoyaneo andlor financing of the pramisas La consideration for the conveyance
and /or financing, and form-; a enilipietr. > gwnism by iNmif for any w-.tion Lhe.rtxln.
BenchmarY. a }3eave Creek, a Colorado I
it ' .r .d Pa r' (.if N" a. t) Parcel B Str.f.:1'toN j INC.
A LO CORPl7iilA as to Parcel
By: by
A. eta, attorney -.fin -fact for
Benchmark c:orlpa*ty r a Colorado
P�iL' #r1T L:�lAi]t �x hole gPllera.l part l7 r LindA adgei , 'ice President
STATE OF COLORADO ) / S & G Partnership dlorado
19•
Partnership, as o Parcel li
COUNTY OF Ry -Oocar L. Tang, General. Partner
lhci
foregoing instrument was acknowledged before me this 14TH day of OCTOBER., .1994 by
ONIX9: L nda Rodgers as yir_N prityir)�!ri1.
as r:P
SECU OL K X INC.. a COLORADO Cu.,im- 4iutl, see additional notary ac now a gmen s a ac.hNd)
1•iy C:ortlrnieaion Expire3:�
/(J Nurury PrtbGc
STATE OF COLORADO )
ss.
COUNTY OF i '
The foregoing in ument was acknowledged before me this day of 1994
by: A. J. Well , attorney –in –fact for Benchmark Company, Colorado
Partnershi as sole general partner of Ben hmark t Beaver Creek,,
Colorado Limited Partnership, as to Parcel —�
My Commission Expires: Notary Publi
17- all
PARCEL A:
THE S1/2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 12,
TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COMMONLY REFERRED TO AS THE SWIFT GULCH
ADDITION TO THE TOWN OF AVON, COUNTY OF EAGLE, STATE
OF COLORADO, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
EXCEPTING THEREFROM ANY PORTION OF LAND LYING WITHIN
THE I -70 R.O.W.
AND TRACT Y, A RESUBDIVISION OF LOTS 67, 68 AND A PORTION
OF TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNTY, COLORADO
DESCRIBED IN FINAL SUBDIVISION PLAT - AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT -OF -WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 1/2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP 5
SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOOK 348
AT PAGE 296, TOGETHER WITH ANY AND ALL,INTEREST GRANTOR MAY
HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY, EXCEPTING
THEREFROM THAT CERTAIN PORTION OF TRACT Y AS CONTAINED IN
THE RULE AND ORDER RECORDED JANUARY 1, 1993 IN BOOK 599 AT
PAGE 777, COUNTY OF EAGLE STATE OF COLORADO.
PARCEL B:
TRACT C, A RESUBDIVISION OF LOTS 67- 68 AND A PORTION OF
TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNTY COLORADO,
DESCRIBED IN FINAL SUBDIVISION PLAT - AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT -OF -WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 1/2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP
5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOOK
348 AT PAGE 296, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
COUNTY OF EAGLE, STATE OF COLORADO
i,
r
moment '?Mo-
-� � ` ! /
Oct, 12. 1994Ard,10:10AM
t•e,,FIRST AMERICAN AVON_ No, 3236
P, 7/28
_
fteWrd.
Reception No.
r
WARRANTY DEED
1
TI11S DI %D, Mttde this 14TH day of UCTOBE:11, 1994 between
G j,AR'1 N131ISH1P, A COLORADO PARTNER511IP
"
(�j►
of the County of x=? and stato of COLORAMI, grantor, and
TOWN OF AVON, A MUNICIPAL CORPORATION
whvsc fugal Rddrtdd is P- U. 11UR 475, AVON, COLORADO 61620
fn Cr
��
of the County of EAGLE and state of COLORADO, grant -;
�i cQ
p7 a
�Q
W1TNESSET11, Thal the grantor. for and in consideration of the smn of 'MN AND Ind
of which is h0rcl1y acknowledged, has granted, bary`aiaed, sold and conveyed, and by these pmscnta duos grant, bargain, acll,
lying
C--! 01
sut'fnsicney
convey and confirm unto the btantoa, his boars and asaigoa fomvat, all rho real property together with Improvtmerta, if any, thistle,
and being in the County of EAGLE. and Slate of Colorado, described an follows;
N td
SEE I:xIlIBI7 "A" - LEGAL DESCRIPTION ATTACHED HERETO AND INCORI'ORATEX)
� I
111iRr:IN.
rp cn
I
tri
P
(D c
AVON VACANT LAND (SWIFT GULCH PRpPdRTY), AVON, COLORADO $1620
r�
0 1�
also khtown by street and numbor as
g
1'OCETHER with all and singular flit horuditaantm% and oppuncnances thereunto belonging, or in anywise appertaining and Uat
and remainders, rents, issuza and prolita therts'f, and all tic estate, tight, title, interest, claim and
gMro -,d
reversion acid reversions, remainder
dcniana whatsoever of rho grantor, triihcr in law or oquity, of, in Rnd to the above bargained premises, with the hereditaments and
t t �1'•
ail7Urt.1=ccs.
TO HAVL AND TO HOLD this said premised abitve bargained and dwarilted, with die appitatnances, infra tea ylrantce. his heirs end
bargain and agrco to and with
C�
K y
essllms fotcvor, And lea grantor, for himself, Ilia heirs and personal tepmsenra6ves, does eovonaat. grant,
the grant=, hid heirs and assigns, that at the dint of the cnaeahng and delivery of these pteaemts, he is well seized of the premises above
in law, fee simple, and hall good rifiht, full Power and
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convoyed, has good, cur , Imtrect, absolute and indefeasible estate or;<tlteritance, to
lawful authority to grant. bargain, sell Arad convoy tltt dame in nianner and form afotcsaid, and that the same AN free and clear from all
of whntevet kind or mlure socver,
,�
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furmer and otltor i;rante. bargains, sates. liens, taxes, as emincnts, eneumbron =s and rrstrietions
t'mr taxes for the current y0e, a bell but not yet dut or payable, easarten t t9, r ,lrittlans, reservatwns, eovena"O and
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1,1 �Itts-llf -way of rrd, if pay, .
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'fee grantor shalt amt will WARRANT AND FOREVER DEFEND the above - bargained pranises in the quiet and peaecablo posdtseian
lawfully claiming the whole or any part thereof.
r-
of the granite, W3110170 and assigns, against all and every perdon or persons
Tltosingular number that! include fee plural, the phi,1 -.l tltc singular, and the uee of any gender dull bo Applicable to aB genders.
C t=7
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IN WITNESS WIIFRM17, the grantor has ulecuted this deed on die date itt forth above.
S & G A CULO 11A MER UP
C
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by
Oscar L. Tang, Ge era Pa tiler
C
a t` STATE OF COLORADO .V 2 w %:.
r"s COUNTY OF by
Tho fortgoing'ulawmont was Roknowledgud before nit this 14TH day of OCTOD) l Fa]: finer ��
""fr Oscar TA IM as 1 of
Cr 1
m
My Comission expirea; Witness my hand and o(Ticial
r
. / NaYry t'�atic
ELIZABETH M CULHANE
Notary Public, State of New York
No. 31 - 4708952
IBM . ounty
r,nhieXmrdt COPE Mi5Sion EX,OireS "April 30, '19L ;l �_
�eO�zj t3 9y
Oct,12,1994 10:11AM FIRST AMERICAN AVON No,3236 P. 8/28
r
TRACT C, A RESUBDIVISION OF LOTS 57- 68 AND A PORTION OF
TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNTY COLORADO,
DESCRIBED IN FIVAL SUBDIVISION PLAT- AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT -OF —WAY TO THE SWIFT GULCH ADDITION iA SPECIALLY
PLANKED AREA! AND PARCELS 1 AND 2 TREIREOF, TOWN OF AVON,
COLORADO, THE S 1/2, NE 1/4, NE 1/4 SECTION 12, TOWNSHIP
5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOOK
348 AT PAGE 296, TOG ETSER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
COUNTY OF EAGLE, STATE OF COLORADO �
Z
549075 B -653 P -39 10/21/94 02:44P PG 2 OF 2
0(t, 1 %. JYYJ 1.1: ' F1 +11ook_k lkbl
Rece)gon No.
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Alghhil,AB AVUN
Recorder.
WARRANTY MED
THIS DEED, Made this 14TH day of OCTOBER, 19994 between
BENCHMARK Al DEAVER. CREEK, A COLORADO IAMTED
PARTNERSHIP
of dte County of it ' ^ xnd Starr a +fC01,0RAD0, grantor, anrd
TOWN OF AVON, A MUNICIPAL. CORPORATION
whose legal address is P, 0. $OX 975, AVON, COLORADO 81620
of the County of EAGLE Ad State of COLORADO, grantee:
ilU, 3�'U3 r, iUi to
3
WITNESSETIL That the grantor, for and in consideration or the Hum of TEN AND 001100ths DOLLARS, ($10.00), the receipt and
:rufiicicney of which is horeby nokoowledged, has granted, bargained, mold and conveyed, and by these presents done grant, lu+Ygnin, :ell,
convey a rd confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying
and being in the County of EAGLE, and State of Colorado, dascnbed as follows:
SEE EXHIBIT "A" - LEGAL. DESCRIP'flON ATTACHED HERETO AND INCORPORATED
HEREIN.
ILNU ktwwil by steuut aeeJ [Mllbe:l ok AVON VACANT LAND (SWIF F GULCH PROPERTY), AVON, COLORADO 971620
T43GETHER with all and :singular the heredbino is and appurtenances theretutto belonging, or in anywise appeftaining and the
reversion and rovorsions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the herGditaments and
appuricnancos.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appunlenances, unto the grantee, his heirs and
assigns fnrevrr. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with
the grantee, his hairs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and
lawful authority W grant, bargain, sell and convey tile: mrIIC ul IllanuviL and rijim afUC05aid, and that thr, sazne arc five: and clear from all
former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatevtr kind or nature soever,
except for t.4v, -q rnr thN rurrent year, alien but not yet due or payable, easements, restrictions, re.ServaWns, covenants and
righLwf- -way of record, Unity, ,
549074 B -653
Sara J. Fisher
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P -38 10/21/94 02:41P PG 1 OF 2 REC DOC
Eagle County Clerk & Recorder 10.00
nc'3 grantor shall and will WARRANT AND FOREVER DEPEND the above- bargained preinisecs in the quiet and peaceable possession
of that grantee, his heirs and assigns, asainsr all ana every person or persona lawfully UII&Ieing Ulf; wliulo ut e►uy lJAAt thereof.
Tlrc singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the. gmrtor has Pxvrritrd this decd on the date set forth above.
STATE OF COLORADO
couNTY or
ss.
BENCHMARK AT HEAVER CREEK, A COLORADO ICI
by Benchmark Companyi a Coluradu
Gener -1 Partn�4 fP'f Sole Gen
By t:
A. J: We
The foregoh instrument was acknowledged before me this IdTH day of OCTOBER, 1994
A.. j. Wells as al.l,urney —iri-
DCl`14✓nrva�a.s�s iaa vcr�. �.•• ••••,
My cornInission cxptrG9:�l
It
yo. 9i2M. Acv. 744.
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WARRANT1t' DEM (for Photographic Rword)
;'attorney- in -fac
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PA
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ice:
for BenchtinaV '� &,rind
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�,Nati"ay..Ptib6c. ; � �• .
0ct, 1'L. 1yy4 1L.14rhl r1nYT Aylhxl�AN AVON
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No, 3'Lbj r, 11 /iii
TRACT Co A RESUBDIVISION OF LOTS 67— 68 AND A PORTION OF
TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNTY COLORADO,
DESCRIBED IN FINAL SUBDIVISION PLAT - AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT —OF —WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS I AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 112, NE 1/4, NE 104 SECTION 12, TOWNSHIP
S SOUTH, RANGE 82 WEST OP THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 5, 1982, IN BOOB{
348 AT PAGE 296, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
MAY HAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
COUNTY OF EAGLE, STATE OF COLORADO
L'
F�
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549074 B -653 P -38 10/21/94 02:41P PG 2 Ok'
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Reception No. Recorder.
1401 ;,,s�j
WARRANTY DEED I )Recorder's Stamp
THIS DEED, Made this 14TH day of OCTOBER, 1994, between
SE JON 36, INC.
a oorporaiion duly organizcd and existing under and by virtue of the lawn of the
Stag of COLORADO of tlie. Gird parr, -4nrl
TOWN OF AVON, A MUNICIPAL. CORPORATION
whose legal address is P. 0, BOX 975
AVON, COLORADO 51620
of the County of )LAGL E, and State of COLORADO, of dye second part:
WITNESSET11: That the said party of the first part, for and in consideration S,
($10.00), to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and
acknowledgod, hath gr4rited, bargained, sold and conveyed, and by these presents Both grant, Hargmn, cell, ennvey and confirm unto the
said parties of the seaor,d part, their heirs and assigns forever, all the following described lot(s) cr parcel(s) of land, situate, lying and
beiiig in the County of EAGLE and State of Colorado, to wit:
SEE E?i;1 OBIT "A" - LEGAL DESCRIPTION .ATTACHED HERETO AND INCORPORATED
IMMEIN.
549073 B -653
Sara J. Fisher
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P -37 10/21/94 02:37P PG 1 OF 2 REC DOC
Eagle County Clerk & Recorder 10.00
also known by street aild number Ax. AVON VACANT LAND (SWIFT GULCH PROPERTY), AVON, COLORADO 51620
TOGETHER with all and singular the hereditaments and appurtenances thcreunw belonging, or in anywise apportaining, and the
reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever
of the said party of the rim part, either in law or equity, of, in and to the above bargained premises, with the hereditament$ and
appurte,lanocs.
TO HAVE AND 1'D HOLD die said premises above bargained and described, with the appurtenances, unto the said parties of the
,wennd pan, their haws and assigns forever. And the said patty of the Past part, for itself, and its successors and assigns, doth covenant,
gi-ant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the enscaling and
dclivcry of those Presents it is wcii seized of the premises above conveyed, as of a good, sure; perfect, absolute and indefeasible estate of
inhcrkAricc, in law, in fee shnplc, and bath good right, full ptrwcr uuJ lnwfat audwc.ty to grant, bargain, sell and convey tho mine in
manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
nssessments And inruimhrnnces of whatever kind or nature soever. exetot for taxes for. the current year, x lien but not yet due or
payable, easements, restrictions, reservations and rights-of-way of record, if any,
nn,i rh,-' nhrivc bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns,
against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and
will WAR.P,%NT AND FORE'V'ER DEFEND.
. CBs
IN WITNESS WI-xtaltEOF, The said party of the first part hath caused its corporate name to be ha*ntb faubscribe0y its
Vic-9--president, and itg tvirpnrsrn spal to he hereunto affixed, attested by its „_Secretary, the day and jtie r first aliovc'- wnttcn.
. �v
Attest: * .,
81F.CTI4D 6, INC.
A C L O CORPOR
by
Secretary / l Il d OLIgwrs V1 t e i
ra,e
STATE OF COLORADO
) SS. Fk� °
COUNTY OF ) }
r
u o n t was acknowled ed before,ne this 14771 ds� of CWTORER
LrI)�1gOl`�DtS S as y VICE P1�ES116ENT /
F
36, r[W ., a orporanon.
My uviiIML -slon cxpires=
Witness m y hand and Official sa"al. Not(mfy.,blw
"If'I
No. 40H. WARRANTY DECD—Corpuratioh. -&D 61rn ' 7 s `--(-
"I
Ui;
Uct, iZ, IYY4 1Z,1irIW rixbl' Aiutuxl�Aiu Avu�N
M, J.10i r, V00
TgE S1/7 OF THE NE 1/4 OF THE NF 114 OF SECTION 12,
TOWNSHIP 5 SOUTH r RANGE 82 WEST OF THE 6TH PRINCIPAL.
MERIDIAN, COMMONLY REFERRED TO AS TOE SWIFT GULCH
ADDITION TO THE TOWN OF AVON, COUNTY Off' EAGLE, STATE
OF COLORADO, TOGETHER WITH ANY AND ALL INTEREST GRANTOR
M.AX RAVE IN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY,
EXCEPTING THEREFROM ANY 2ORTION OF LAND LYING WITHIN
TEE 1 -70 H.O.(N,
AND TRACT Y. A RESUBDIVISION OF LOTS 67, 68 AND A PORTION
OF TRACT Co BLOCK 1, TOWN OF AVON, EAGLE COUNTY, COLORADO
DESCRIBED IN FINAL SUBDIVISION PLAT — AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO AND THE
ROAD RIGHT —OF—WAY TQ THE SWIFT GULCH ADDITION (A SPECIALLY
PLANNED AREA) AND PARCELS I AND 2 THEREOF, TOWN OF AVON,
COLORADO, THE S 1/2, NE 114, NE 1/4 SECTION 12, TOWNSHIP 5
SOUTB, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED NOVEMBER 51 1982, IN BOOK 348
AT PAGE 2961 TOGETHER WITH ANY AND ALL,INTEREST GRANTOR MAY
HAVE TN AND TO THE SWIFT GULCH ROAD RIGHT OF WAY, EXCEPTING
THEREFROM THAT CERTAIN PORTION OF TRACT Y AS CONTAINED IN
THE RULE AND ORDER RECORDED JANUARY 1, 1993 IN BOOK 599 AT
PAGE 777, COUNTY OF EAGLE STATE OF COLORADO.
549073 B -653 P -37 10/21/94 02:37P PG 2 OF 2
Lia
if
The printed portions of this form, except (italicized) (differentiated) additions,
have been approved by the Colorado Real Estate Commission. (CBS 5C -1 -94)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
VACANT LAND /FARM AND RANCH
CONTRACT TO BUY AND SELL REAL ESTATE
(FINANCING SECTIONS OMITTED)
August 5 _19 94
1. PARTIES AND PROPERTY. TOM OF AVON
, buyer(s) [ Buyer]," TasTaeffte -- tsttenarrtsianotnrnrar)-
agrees to buy, and the undersigned seller(s) [Seller], agrees to sell, on the terms and conditions set forth in this contract, the following described real
estate in the County of Eagle , Colorado, to wit:
See Exhibit "A," attached hereto and made a part hereof
krwum.asNi ----------------------------------------------------------------- - - - - -,
Street Address City State Zip
together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements
thereon and all attached fixtures thereon, except as herein excluded (collectively the Property).
2. INCLUSIONS /EXCLUSIONS. The purchase price includes the following items (a}if- attaefied -te the Properta�he dataefhis.saH.
tra�i;.�Sl�hratinv Pluming. sre�tilatia► S,.. aa�ai�sc�B�ien�r3g-€ r> Eta�es;- 4' ��rsEe�aes;- watev- se€teners,- sYttekeifnefbtng�ara }arms- secetrity-
dP•, side- telepkeas anEl eeeEiag lil�ielfsFjaelcs plants t�ecs; fleor eoyerittgstiatet�e trs sfear9- kmiit- imkitehemaPP}iartees�ptinkkr
s.ystemsand_ rentrols,_ImRt-im-#=mtmspsbcnis (im-hudingaeeessories} and - garage- deorepeaers- ineladiog------- ret�totecentrds
Property whether e ached-or- not -oa-tfie -date of this contrattstornr windows,
stotm-t3tlats�virniow amt'pisit'iiStldQeS �VHtAg 'b1i�iT '�Cl8en3,
eBffai &fedg- dFopery- reds- fmphmminscris- Fmeplaecsereeas-frreplaccgratts �teatingstovesstoragesfiedrsH -keys
surveys, soils studies and all other documented information pertaining
to the property.
(d) Water Rights. Purchase price to include the following water rights: Norte
( s} Growingt' rops:--' itrittrrespect�- �rops3eHcr 'amt�ayeragreeas-foHnws --
The above- described included items (Inclusions) are to be conveyed to Buyer by Seller-bybill.efszle,
deed- tnatl�erapplieableiegel- iaslre$te (s}e tie -�les ag free s�sla of takes ,lieiusnd.er+curuhraucesrPV�A ^r ^� .,; tP t in SedinnJ.21he
followinr $Etaehed frxtnres -ate e*ekided4rom4kiasale:
3. PURCHASE PRICE AND TERMS. The purchase price shall be $ 1 r 500 f 000 payable in U.S. dollars by Buyer as
follows: (Complete the applicable terms below.)
(a) Earnest Money.
$ 75,000 in the form of Cash as earnest money deposit and part payment of the purchase
price, payable to and held by First American Neri tage Ti 1 c) broke=, - ftrh -„r
accoant un behalfofboth -Sell" mid -B ,4fawjra4e_beferr- kWag.
The balance of $ 1,$� �i;. OOO (purchase price less earnest money) shall be paid as follows:
$75,000 on October 16
(b) Cash at closing. 1994, also to be held in escrow and
$ 1, 350, OOO , plus closing costs, to be paid by Buyer at closing in funds which comply with all applicable Colorado laws, which
include cash, electronic transfer funds, certified check, savings and loan teller's check; and cashier's check (Good Funds). Subject to the provisions of
Section 4, if the existing loan balance at the time of closing shall be different from the loan balance in Section 3, the adjustment shall be made in
Good Funds at closing or paid as follows:
4.- 4Il►I:4NG.. Ifs-0 i0ff4GNS- AN&9B�6WAT
_r4niNcC4NG %14S,- C-0�FDI�IEANS IVD- Al1bI6�1�I4)AISrF RTs43l�II�T6 -T1� 9TGTIAPIS,XAND-4,.
.44N&A-TT74EHER4W4ZEA]6 d C-0A4114�SS�A1 �tlg - FOlE�A13�:- (sheskas apglical�le)
E;New4.-ean
E;,kssernrpti0R
Q8eller:er -Pg4ve o H., g
No. CBS5C -1 -94. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Financing Sections Omitted)
Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292 -2500 — 1 -94 Page 1 of 4
Initial
i
t9 i vi rlP-d _The local transfer tax of----- - - - -96 oftti�pnrchasepriee str�i be paid at-closing-
bp------------------------------- that may ofitris-transartiunshail
be-paid wlrert dnei?y------------------------------------------------
15. PRORATIONS. General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water
and sewer charges, owner's association dues, and interest on continuing loan(s), if anyjK
shall be prorated to date of closing.
16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows: rit 'I TEE CLrI n.i ncr
, subjectto the foH e(s}ortenmmyp s):
f3eHerafter ehlsiag-faiisty tiefiverpassessivrroathe datehereir specftd-,-Setlershaft-besubject-tu-evietionand-
shall -beadditionatirliable tvBuy,. pay mtntvf$------- - - - --- per- day- fiv arthrdate- ofagmed• pvsszssiorrmftf f7assessian-isdtH,ce ed.
17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall be
delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire
or other casualty prior to time of closing, in an amount of not morp than ten percent of the total purchase price, Seller shall be obligated to repair the
same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be
terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the
insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should any Inclu-
sion(s) or service(s) fail or be damaged between the date of this contract and the date of closing or the date of possession, whichever shall be earlier,
then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent
credit, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss for any damage to growing crops, by fire or
other casualty, shall be home by the party entitled to the growing crops, if any, as provided in Section 2 and such party shall be entitled to such
insurance proceeds or benefits for the growing crops, if any.
18. TIME OF ESSENCE /REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other
payment due hereunder is not paid, honored or tendered when due, or if any other. obligation hereunder is -not performed or waived as herein
provided, there shall be the following remedies:
(a) IF BUYER IS IN DEFAULT:
(Check one box only.)
Ed (1) Specific Performance.
Seller may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be forfeited and
retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full
force and effect and Seller shall have the right to specific performance or damages, or both.
❑ (2) Liquidated Damages.
All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall
thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and
(except as provided in subsection (c)) are SELLERS SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this
contract. Seller expressly waives the remedies of specific performance and additional damages.
(b) IF SELLER IS IN DEFAULT:
Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and
Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer
shall have the right to specific performance or damages, or both.
(c) COSTS AND EXPENSES.
Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or
court shall award to the prevailing party all reasonable costs and expenses, including attorney fees.
— 19- �, ��IFl�6�A491V�iF- BiSPI�r-- Ak�t+ rilhetandiagaa��e�inaEicjn- t���Iiis- e�eatraet; $erfer- anti- SeHee- agree- ti�at,— iir�e�renfe€ -any-
�eatreweesy
money ar �kiagref ne- held- b�i�rekerer�lesing- aged �aless -zant written iastraetiens$re± d-by the -
kolder�€th�azeaeyand�kiagsefwet tilt xeker- orelesiflgsgeat�Il�etreeitzire�te- talcean�aetiea- bufrnaY- ev�sifan� Preeeediag -ers�
brelcer= o�r�l�inSageatsePtien- en�sole�3isecetiea wag ite�!-e2oaeYse: tieiag�ef�slne- isteaeonrte�cefapetenf
j tnadiet ion- ascl-ekaH-feeeveteem+eests and- reaseneble-eEtemeg -fees.
39 $ dispateletises -betweea- the per4ies relat�gte�is a estraet�ia parlies-
agreete aeit ike-&giMeden3edietaea -the PerEies +wifl-jeint egpoisEsa aeeepteHle- a�ediatoFand -will hare equal4y, tl3eeesEef Ir ►ediater.
I€�eciia�iea Neves i►�stiec�esefn} aka t+es May thea- gFOeee�ivi�k -sash other mea$sr�€dispate- Feselxtieaes tl� so c�§eose-
21. ADDITIONAL PROVISIONS:
1. This contract is contingent upon Buyer securing financing acceptable to it
in its sole and absolute discretion, and further upon Buyer determining.that
the Property is suitable for a public works facility, in its sole and
absolute discretion. Buyer may give written notice of termination of this
agreement on.or before October 15, 1994, in which case this Agreement shall
be null and void and all payments made by Buyer shall be returned; otherwise
this Agreement shall remain in full force and effect.
2. This contract further is subject to approval by the Avon Town Council on
August 9, 1994.
3. If bond financing is not in place at time of closing, Seller will accept
a promissory note, secured by first deed of trust on the property as payment
of the balance of the purchase price. Such promissory note shall be due
on March 1, 1995, or when the bond financing is available, whichever is
earlier, and shall bear interest at the rate of 8% per annum.
4. Seller makes no representation with respect to the completeness of the
platting of the Property or the installation of infrastructure improvements,
and Buyer agrees that it is accepting the Property in that regard "as is."
No. CBS5C4 -94. Page 3 of 4
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t9 i vi rlP-d _The local transfer tax of----- - - - -96 oftti�pnrchasepriee str�i be paid at-closing-
bp------------------------------- that may ofitris-transartiunshail
be-paid wlrert dnei?y------------------------------------------------
15. PRORATIONS. General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water
and sewer charges, owner's association dues, and interest on continuing loan(s), if anyjK
shall be prorated to date of closing.
16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows: rit 'I TEE CLrI n.i ncr
, subjectto the foH e(s}ortenmmyp s):
f3eHerafter ehlsiag-faiisty tiefiverpassessivrroathe datehereir specftd-,-Setlershaft-besubject-tu-evietionand-
shall -beadditionatirliable tvBuy,. pay mtntvf$------- - - - --- per- day- fiv arthrdate- ofagmed• pvsszssiorrmftf f7assessian-isdtH,ce ed.
17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall be
delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire
or other casualty prior to time of closing, in an amount of not morp than ten percent of the total purchase price, Seller shall be obligated to repair the
same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be
terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the
insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should any Inclu-
sion(s) or service(s) fail or be damaged between the date of this contract and the date of closing or the date of possession, whichever shall be earlier,
then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent
credit, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss for any damage to growing crops, by fire or
other casualty, shall be home by the party entitled to the growing crops, if any, as provided in Section 2 and such party shall be entitled to such
insurance proceeds or benefits for the growing crops, if any.
18. TIME OF ESSENCE /REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other
payment due hereunder is not paid, honored or tendered when due, or if any other. obligation hereunder is -not performed or waived as herein
provided, there shall be the following remedies:
(a) IF BUYER IS IN DEFAULT:
(Check one box only.)
Ed (1) Specific Performance.
Seller may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be forfeited and
retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full
force and effect and Seller shall have the right to specific performance or damages, or both.
❑ (2) Liquidated Damages.
All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall
thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and
(except as provided in subsection (c)) are SELLERS SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this
contract. Seller expressly waives the remedies of specific performance and additional damages.
(b) IF SELLER IS IN DEFAULT:
Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and
Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer
shall have the right to specific performance or damages, or both.
(c) COSTS AND EXPENSES.
Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or
court shall award to the prevailing party all reasonable costs and expenses, including attorney fees.
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agreete aeit ike-&giMeden3edietaea -the PerEies +wifl-jeint egpoisEsa aeeepteHle- a�ediatoFand -will hare equal4y, tl3eeesEef Ir ►ediater.
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21. ADDITIONAL PROVISIONS:
1. This contract is contingent upon Buyer securing financing acceptable to it
in its sole and absolute discretion, and further upon Buyer determining.that
the Property is suitable for a public works facility, in its sole and
absolute discretion. Buyer may give written notice of termination of this
agreement on.or before October 15, 1994, in which case this Agreement shall
be null and void and all payments made by Buyer shall be returned; otherwise
this Agreement shall remain in full force and effect.
2. This contract further is subject to approval by the Avon Town Council on
August 9, 1994.
3. If bond financing is not in place at time of closing, Seller will accept
a promissory note, secured by first deed of trust on the property as payment
of the balance of the purchase price. Such promissory note shall be due
on March 1, 1995, or when the bond financing is available, whichever is
earlier, and shall bear interest at the rate of 8% per annum.
4. Seller makes no representation with respect to the completeness of the
platting of the Property or the installation of infrastructure improvements,
and Buyer agrees that it is accepting the Property in that regard "as is."
No. CBS5C4 -94. Page 3 of 4
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EXHIBIT "A"
Parcels 1 and 2, Tracts C and Y, and Swift Gulch Road
Right of Way, Resubdivision of Lots 67, 68 and a
Portion of Tract C, Block 1, Town of Avon, Eagle
County, Colorado described in Final Subdivision Plat- -
Amendment No. 4 Benchmark At Beaver Creek, Eagle
County, Colorado, according to the Plat thereof
recorded November 5, 1982, as Reception No. 244637, in
Book 348 at Page No. 296 of the records in the Office
of the Clerk and Recorder for Eagle County, Colorado,
containing 50.88 acres, more or less.
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