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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 H us key\townofavo n. let /Z EXHIBIT A 0 C) w U N" `.0 k; W j � tq LI lO C � LU � h 1^ vJ wwv� cl �D- o® v 11 II 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 day of as Address: Notary Public G EXHIBIT A Q W -J �u w a� v � It I Qt Q Q W 4 W L 0 0 Vi uwt��n o� U11 u 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 EXHIBIT A y Q Lu W N" �E v � V a 0 iLl � V2 ❑ ® Lo7 p 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 (�?`_� .!U! !i A. i W/O #98- 16018:50- 69:Swift Gulch Public Works 30 UG:4 -13 -98 hus key\townofavo n.let LXHIBIT A Q LU U V C � ►u W 0 � 4 � v s F W V ` a 0 J Q W t�- V t' to 0 V p 4 ku ti o 0 UL D 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 (D P, �1 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, ,� It xo ,) O 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 U, 0 In 1-4 V. r1 t:xecpt 1,1 �Itts-llf -way of rrd, if pay, . w) ej 7' fD F- n t iA 0 O •r•r Ct,?I L' ll' ac o Q) =t orj p iy e 0 tie C Pt H rs. t3 4� i- iwc � .. '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 0 IN WITNESS WIIFRM17, the grantor has ulecuted this deed on die date itt forth above. S & G A CULO 11A MER UP C O ^� 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. e 10, 01 0 0 0 0 0 cl 0 0 A 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 aT U r� 4a G � tl7 C +4 {, t?.e i3 O 0 m rU it 4 4. +3 r O ,ai Q C'. , 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. ��—:Io0sij - !'7' WARRANT1t' DEM (for Photographic Rword) ;'attorney- in -fac 1 PA p -1J C 10 ice: for BenchtinaV '� &,rind t al bartaer < py 4 ZZt tlI �` i M1 ys �,Nati"ay..Ptib6c. ; � �• . 0ct, 1'L. 1yy4 1L.14rhl r1nYT Aylhxl�AN AVON f 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� -j 549074 B -653 P -38 10/21/94 02:41P PG 2 Ok' a�v Vv I�;l M, uc '�. 1L. IJyrl_1Z: I�fm_o'c.lry 1 x14:L'l l�,x!Y hVV1V 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, ($10.00), to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledgod, hath gr4rited, bargained, sold and conveyed, and by these presents Both grant, Hargmn, cell, ennvey and confirm unto the said parties of the seaor,d part, their heirs and assigns forever, all the following described lot(s) cr parcel(s) of land, situate, lying and beiiig in the County of EAGLE and State of Colorado, to wit: SEE E?i;1 OBIT "A" - LEGAL DESCRIPTION .ATTACHED HERETO AND INCORPORATED IMMEIN. 549073 B -653 Sara J. Fisher 0 p d ,y 4s o m o Ce Cddd 43 M tv O O 4-'J 4-D O W c U 43 4-1 O O O ro ri ty �sl t3 P -37 10/21/94 02:37P PG 1 OF 2 REC DOC Eagle County Clerk & Recorder 10.00 also known by street aild number Ax. AVON VACANT LAND (SWIFT GULCH PROPERTY), AVON, COLORADO 51620 TOGETHER with all and singular the hereditaments and appurtenances thcreunw belonging, or in anywise apportaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the rim part, either in law or equity, of, in and to the above bargained premises, with the hereditament$ 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 Initial a_ G i ti 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 Initial a_ G 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. a 4 It