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TC Ord 08 1980 - S'mass Club Final PUD Zoning & Subd Plats - SIGNED.pdfE EI'V V4 Recorded 1:36 PM April 23 1980 Reception# Loretta Banner Recorder TOWN OF SNOWMASS VILLAGE ORDINANCE NO. 8 Series of 1980 AN ORDINANCE TO AMEND ORDINANCE NO. 4, SERIES OF 1978, AND ORDINANCE NO. 13, SERIES OF 1978, AND THE ACCOMPANYING ZONING DISTRICT MAP OF THE TOWN OF SNOWMASS VILLAGE, AND PROVIDING FOR FINAL APPROVAL OF A PLANNED UNIT DEVELOPMENT PLAN AND CERTAIN SUBDIVISION PLATS FOR THE SNOWMASS CLUB SUBDIVISION. WHEREAS, Article VIII of the Zoning Code for the Town of Snowmass Village known as the Planned Unit Development Ordinance of the Town of Snowmass Village, provides for the establishment of Planned Unit Developments as more fully set forth therein; and WHEREAS, the Board of Trustees of the Town of Snowmass Village and the Planning and Zoning Commission of the Town of Snowmass Village each granted toi,The Snowmass Company, Ltd. (the "Company") its requested conceptual development approval for The Snowmass Club Subdivision; and WHEREAS, the Planning and Zoning Commission, in its Resolution No. 50, Series of 1979, and the Board of Trustees, in its Resolution No. 68, Series of 1979, duly granted preliminary Planned Unit Development plan and subdivision plat approval for the project known as The Snowmass Club Subdivision (encompassing all or portions of Parcels 10, 12, 13, 14 and 15 of the amended Zoning District Map of the Town of Snowmass Village, the legal description for which is set forth in Section 2 hereof), subject to conditions set forth in such resolutions; and WHEREAS, following required notices and hearing and agency referrals, the Planning and Zoning Commission of the Town of Snowmass Village recommended to the Board of Trustees approval of the amended applications of the Company for certain final sub- division plats; and WHEREAS, the Board of Trustees has reviewed the corrected final subdivision plats and Planned Unit Development plan for The Snowmass Club Subdivision, and finds that such submissions, subject to the conditions set forth herein in Section 3 and on 111100K the Planned Unit Development Plan incorporated as a part hereof, which conditions are consented to by the Company, meet all of the requirements of the Planned Unit Development Ordinance of the Town of Snowmass Village and the Town of Snowmass Village Subdivision Regulations, and following required notices and public hearings, the Board of Trustees finds that the corrected and amended final Planned Unit Development Plan and Subdivision Plats for The Snowmass Club Subdivision as submitted by the Company are in conformance with the Town of Snowmass Village Master Plan, the objectives of planned unit development, the planned unit development evaluation standards, and all other zoning regulations not subject to variation by the Planned Unit Development Ordinance of the Town of Snowmass Village, and ought to be approved; NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Snowmass Village, Colorado: Section 1. That the corrected and amended final Planned Unit Development Plan and Subdivision Plats (being the gross parcel plat, the plats for Parcel 1, Filing No. l; Parcel 2 and Parcel 6, Filing No. 1) submitted by The Snowmass Company, Ltd., for the project known as The Snowmass Club Subdivision, which submissions are on file with the Town Clerk, are incorporated herein by this reference collectively as Exhibit A and are hereby made a part of this Ordinance. The submissions are hereby fully and finally approved subject to the conditions set forth in Section 3 herein and subject to those conditions on the Planned Unit Development Plan. The Planned Unit Development Plan, together with the conditions contained herein, shall, from the effective date of this Ordinance, constitute the zoning for the property described therein. Section 2. The legal description of Planned Unit Development parcels and The Snowmass Club Subdivision are as follows: See Exhibit B Section 3. Conditions. a) Roadway construction within the subdivision shall be in accordance with Town standards. b) The 76 lodge rooms proposed as a part of the club facility 2 - IQIOOK388 46 shall be equivalent to 30.4 unrestricted condominia units as defined in Ordinance 17, Series of 1978. Cooking facilities of any kind within individual rooms are to be absolutely prohibited. Subject to compliance with the Subdivision Regulations of the Town, the condominiumization of the lodge is approved. Adequate pro- visions shall be made by the Company to assure that the prohibition against any cooking facilities can be enforced and that lodge rooms will remain available for two weeks maximum occupancy. Areas within suites which can properly function as a lodge room shall be defined as such and to the extent that this definition affects the total room count, an adjustment shall be made. Average unit size shall be 450 square feet. If the unit average is over 450 square feet, the average will be counted prorata toward the number of units authorized under the terms of Ordinance 17, Series of 1978. c) The average unit size for the 170 unrestricted condominia units (not including the lodge rooms) shall not exceed 1800 square feet and the average number of bedrooms shall not exceed 2.5 per unit. The average square footage of particular unit types shall not exceed the square footages set forth for particular parcels on the PUD Plan. d) As soon as possible, but no later than the first Joint Planning Annual Review period (see paragraph (.l) hereof), the Company shall submit to the Town Planner maps and other relevant data concerning the Company's obligation to dedicate 30o slope lands in conservation zone districts. The Town hereby waives dedication of those 30o slope lands zoned Conservation lying within the golf course maintenance area. e) At the time the Town accepts dedication, the Company shall be credited with 1.75 miles of dedicated trails easements as required under the provisions of Ordinance 17, Series of 1978, Exhibit 2, Part IIA. It is understood that the Company consents to undertake the actual construction of trails in phases as illustrated in the preliminary subdivision plat application upon commencement of construction in the area. At the time of detailed final plat submission, engineering plans and specifications for 3 - any trails to be constructed within such plat shall be submitted to the Town Engineer. Upon completion of construction satisfactory to the Town Engineer, the Town shall accept dedication of each phase of the trails. In addition, reservation of trail easement connections to the existing Village and the East Village site for possible future dedication shall be made on the appropriate detailed final plats. f) Detailed landscaping plans and schedules shall be submitted and approved before each detailed final plat approval. g) The Company shall submit to the Town Fire Marshall for approval documented evidence that the water distribution system is adequate for required fire flows before each detailed final plat approval. h) The Company will maintain the existing tennis bubble and will maintain a minimum number of eleven (11) outdoor tennis courts until such time as the proposed indoor courts are constructed. The Company shall continue to operate a regulation 18 hole golf course taking into account short term deviations in the number of holes available as a result of required alterations and improvements. i) PMH and Employee Housing. 1. Program. The Company shall propose for review and approval by the Planning and Zoning Commission and the Board of Trustees by September 15, 1980, and September 15 each year thereafter the program for the following year's restricted housing (whether for sale condominia or long-term rental units). The program shall set forth the number, size and mix of units along with the desired quality level and desired sale price and rental price, to be consistent with the provisions of paragraph (1)(4). 2. Restricted Condominia and Lonq-Term Rental Units. The total restricted units to be built in the Snowmass Club PUD shall be 110 units (assuming sufficient detailed final plat approvals for the Company on any of its properties for unrestricted units to keep in approximate balance the ratio of unrestricted to restricted units set forth in Ordinance 17, Series of 1978, Exhibit 2, Part I, D)_ and shall not exceed in each project the 4 - following: Country Club Homes 30 Club Villas 40 Villas East 30 Anderson Ranch 10 110 3. Annual Pace. The restricted units shall be developed on the following schedule prorata (as described in Ordinance 17, Series of 1978, Part I, D of Exhibit 2) with the development of unrestricted units. Unless otherwise mutually agreed upon by the Town and the Company, the pace will be: 1980 1981 1982 1983 1984 Total Villas East -- 30 -- -- -- 30 Country Club 9 9 5 7 -- 30 Club Villas 8 8 8 8 8 40 Anderson Ranch -- -- -- -- 10 10 17 47 13 15 18 110 4. Purchase Price and Rental Rates. The purchase price for the restricted condominia and the rental rate for the long-term restricted rental units shall be determined on a basis to allow the Company to "break even" by charging to each restricted project only the direct and allocated development costs. The Company will contribute the land for restricted condominia at the original purchase price and will lease land for the restricted rental units at $1.00 per year for 100 years. 5. Ownership of Rental Housing. It is contemplated that the Town's Housing Authority will own the restricted rental housing, will lease the ground from the Company, and will sub- lease the ground and lease the buildings to a non-profit corporation using the same legal structure as Lot 6, Creekside Subdivision. Other arrangements mutually satisfactory to the Town and/or Housing Authority and the Company may be made by the parties. 6. Loan Guarantee. The Company will guarantee the long- term indebtedness of the Housing Authority in a manner similar to the Creekside guarantee. The Company's total cash exposure will be limited to $50,000 (_in combination with the Creekside losses, if any) before restricted rental units will be offered for sale as restricted condominia. 7. Rental v. Condominia. The Housing Authority or other 5 - appropriate Town office will assist the Company in preselling at least 500 of the restricted condominia before construction begins. In the event restricted condominia remain unsold upon completion of the construction, the Housing Authority may acquire the unsold restricted condominia at the proposed selling price. Should the Housing Authority not elect to acquire the units, the provisions of Ordinance 17, Series of 1978, Exhibit 2, Part I C 4(d) would apply. 8. Ordinance 17, Series of 1978. This PUD will not modify any right or obligation of the Company in regard to employee housing in Ordinance 17, Series of 1978, except as specifically noted here or as hereafter agreed to by the Company and the Board of Trustees. j) Although detailed final plat approvals are not occuring until .1980, the 1980 detailed final plat approvals in this PUD will be credited first toward the 1979 approval year allotment under the terms of Ordinance 17, Series of 1978, Exhibit 2. Y) The granting of approval for this PUD shall not be deemed a precedent for future development submission by any landowner within the Town of Snowmass Village. All provisions approved by and in this Ordinance apply only to the property described in Section 2 hereof. The Board of Trustees reserves hereby the right to modify such provisions of this PUD as the Company or any future owner in the PUD may request, in accordance with law and the ordinances and regulations of the Town. The provisions of this Ordinance run in favor of the Town and the Company and are enforceable in accordance with C.R.S. 1973, Section 24-67-106. 11 There shall be a Joint Planning Annual Review of this approved five (5) year PUD by the Town of Snowmass Village Planning and Zoning Commission and the Board of Trustees and the Company for a maximum of 30 days during the month of July beginning in 1980. The purpose of the annual review is to provide a mechanism for continuation and support of the policy of joint planning and, more specifically, to: 1. Ensure continued consistency with the policies and 6 - 388JfK rI1 50 objectives of the Plaster Plan. 2. Analyze developments that may have taken place over the past year in the critical fields of energy and water availability as well as general economic and social conditions as they relate to current and future PUD plans for employee housing, transportation, commercial and recreational facilities, community amenities, free market residential unit size and mix and other elements essential to the success of the project for the mutual benefit of both parties. 3. Consider specific long range modifications to the PUD proposed by members of the Planning and Zoning Commission and the Company. Proposed changes to this approved five (5) year PUD resulting from the Joint Planning Annual Review shall be mutually accepted by the Planning and Zoning Commission, the Board of Trustees and the Company. Those changes mutually agreed to by the Company and the Trustees shall be formally processed in accordance with the relevant ordinances and regulations of the Town as official modifications to the PUD. m) There is hereby granted through December 31, 1984, an extension of the time requirements for presenting to the Town detailed final plats for the Snowmass Club Subdivision. This PUD ordinance shall constitute the zoning for the Snowmass Club Subdivision. Detailed final plats, including required dedications and subdivision improvement agreements, shall be submitted and approved by the Town as provided in the Subdivision Regulations prior to the issuance of any building permits. Further, detailed final plats and consequently the subdivision improvement agreements, public dedications and related documentation shall be submitted and may be approved in annual phases, but the completion of the construction of nonpublic improvements for one phase is not a precondition for the submission and approval of a plat for the next phase. Any transfer of ownership of land within the Snowmass Club PUD prior to detailed final plat approval shall be conditional on the Company's individual General Partners' retaining the obligation for the filing of the detailed final plat for each parcel as 7 - agents for the owner and proof of same to the Town Planner. n) All land designated or required by ordinance to be private open space shall be maintained by the Company or successor Home Owners Associations. o) Prior to siting of individual buildings, an on-site survey shall be completed to delineate precisely the 100 year flood limits before each final detailed plat. All areas within the 100 year flood boundary and any flood control structures required by the Town Engineer shall be within dedicated open space areas or easements. It is further recommended that setback limits be set 10 feet from the 100 year flood boundary. Further, no structures shall be allowed in sheet flow areas identified on the site without approval of the Town Engineer. p) All construction in the PUD plan area shall be undertaken in compliance with the recommendations of the Lincoln-DeVore Soils Study, the Claycomb Flood Plain Study and Preliminary Drainage Study and the recommendations of Eldorado Engineering attached hereto as Exhibit C. q) The Company shall construct temporary cul-de-sacs sufficient in size and material to accomodate emergency vehicles in all areas where roads are temporarily dead ended. r) The Company shall assist the Town in determining the ownership and status of dedication of those lands on the perimeter of the gross parcel plat required for an adequate right of way for Brush Creek Road, Highline Road and Owl. Creek Road and shall convey to the Town any land owned by the Company within such right of way areas with adequate legal descriptions and proof of ownership. s) In order to mitigate the potential adverse effects of the proposed construction activity, the Applicant shall not have more than 171 units (.not including seasonal restricted units)_ in its approved subdivisions under construction at any one time, unless a greater number is approved by the Board of Trustees. An increase shall be allowed only if the ratio of 130 unrestricted units to 31 restricted units is maintained. Any units being constructed in the West Village Expansion shall be taken into account in determining 8 - j P"tip the above limitation. For the purpose of this paragraph, a unit shall be considered completed and therefore not under construction if certified to be 70% completed by the project architect. t) The Company shall submit to the Town for itt files copies of all agreements with .utility companies for utility extension at the time of detailed final plat submission, or as soon thereafter as such agreements are entered into. u) The Company shall undertake the following road improvement activities within the time frame and according to the specifications set forth below: 1. Highline Road North The Company shall construct the following improvements to Highline Road in the summer and fall of 1982 at the expense of the Company. The improvements shall include only the portion of Highline Road between the Brush Creek Road intersection and the intersection with Snowmass Club Circle and shall be constructed to the following standards: a. 22' pavement width b. 2' shoulders (only where possible within existing roadway) C. 4" aggregate base course d. 2" asphalt mat e. Necessary pavement marking and signage f. Improve "up slope" ditch and drainage including additional culverts, if necessary. The Town shall improve the above section of road in the summer of 1980 and the Company shall maintain the road from that time until improved as set forth above. 2. Highline/Brush Creek Intersection The Company shall construct improvements to the Highline Road/Brush Creek intersection in the summer and fall of 1982 at the expense of the Company. The Town and the Company will mutually develop a detailed plan for the improvements within sixty (60) days from the date of final Snowmass Club PUD approval. The final plan will be based on the following: a. Horizontal alignment of Highline Road will not change. b. The vertical profile of Highline Road will only be realigned in the vicinity of the intersection. C. The new pavement section is anticipated to be a 3" asphalt mat over an 8" aggregate base course over compacted existing subgrade. d. The new intersection design may include traffic islands, additional turning lanes, signage and pavement marking. The above improvements shall be guaranteed and secured by the 9 - Company in the subdivision improvement agreement executed in conjunction with the approval of the first detailed final plat for the Snowmass Club Subdivision submitted in 1982. 3. Highline Road South The Company shall improve Highline Road south of the intersection with Snowmass Club Circle as part of the final Snowmass Club PUD approval by the summer of 1985. The improvements shall be constructed to the following standards: a. 22' pavement width b. 2' shoulders (only where possible within existing roadway) C. 4" aggregate base course d. 2" asphalt mat e. necessary pavement marking and signage f. improve "up slope" ditch and drainage including additional culverts, if necessary. 4. Anderson Ranch/Owl Creek Road The Company shall repave the portion of Owl Creek Road from the intersection of the Anderson Ranch Housing entry driveway west to the intersection with Brush Creek Road in the summer of 1985. If for any reason the construction of the Anderson Ranch Housing is delayed beyond a summer 1984 construction commencement, the Company will then be required to repave the described portion of Owl Creek Road in the fall of the year following the year in which the construction actually commences. It is anticipated that the standards of construction shall be as follows: a. 1z" asphalt mat over the existing asphalt (no wider than the existing pavement width) b. Improve existing ditches and culverts. C. Necessary pavement marking. 5. Owl Creek Road The Company shall not be required to improve Owl Creel-, Road east of the Anderson Ranch Housing entry drive intersection as a part of the final Snowmass Club PUD approval. Improvements to this portion of Owl Creek Road will be an issue for future Sinclair Mesa or East Village development applications. 10 - wK388 i'; u - INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED AND RECORDED by a vote of 3 to 2 this 31st day of March 1980, by the Board of Trustees of the Town of Snowmass Village, Colorado. Jack E. Schuss, Mayor m, a a ..a rWflbanks , Town Clerk r t n BxM7 as EXHIBIT A A portion of Snowmass Club Subdivision, parcel 1, Pitkin County, Colorado, more particularly described as lots one and two, according to the plat of Snowmass Club Subdivision Parcel 1, Filing No. One. 0 Ed , , 1 RMP WO hit sm sHOR, 10IR&O11gy till! § Sv Iva t".. o't; i PHI 114 11 oil ho M! i iii i d 0- 6W off hit sm sHOR, 10IR&O11gy till! § Sv Iva t".. o't; i PHI 114 11 oil ho M! i iii i d 0- 6W too, oil SOagii ez ip! Whip Ism's E, I! I.-- h5a i i 1 MdN; R! d9 1 PH -i2 hit sm sHOR, 10IR&O11gy till! § Sv Iva t".. o't; i PHI 11411oilho M! i iii i d too, oil ado - jam 10 A SOmon v -g! N M6 t 1NA ELI 11100 1387 9 f— 0 0 J Q ry Z 0 O . 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L 0 0L F- XF a Z) F - w OUJCOOm j 0, 0N4m z LLjj yay wW0= It X0- O u or T is ci W n 1v Jti o1 n._ Qi I A PVWN• N; 0 rj . 1 I 4= J {111o $ tUmA N J) 01 Z r ri1 n rtrF V i< Jai U, Z z J F- 3\il QIIa _ - 4 O W w FO - O Fm j ah Z D W W -J F- s \\\\\ \ v ~ O ( W LLJ p' / cr- .. r - i r r 47 oJ+J 1W I'LL i2 oot,!d ZJul CY c 191 TN`Z EXHIBIT D Snowmass Club Subdivision Parcel 1, Filing 1 Improvement Schedule The public improvements outlined in the subdivision agreement shall be completed based on the following schedule: Prior to September 1, 1980, all water, sewer, electrical, and tele- phone utility improvements shall be completely installed and ready for final inspection by the Town Engineer. Prior to December 1, 1980, road improvements including clearing, grubbing, retaining structures, sub -grade, sub -base, and drainage shall be installed. All utilities to be located in street shall be complete prior to the sub -base installation. Prior to December 1, 1981, the asphalt mat, road signage, traffic control signage, revegetation of disturbed slopes and all other improvements shall be ready for final inspection by the Town Engineer. KO'K387 P,,a627 EXHIBIT E SNOWMASS CLUB SUBDIVISION PARCEL 1, FILING 1 ENGINEER'S COST ESTIMATE FOR CONSTRUCTION PLAN SUBMITTAL TO TOWN OF SNO191ASS VILLAGE ITEM QUANTITY UNIT COST COST 1. ROAD A. Low Groundwater 3" Asphalt, 8" Base) 900 L.F. 312/L.F. 28,800 0 + 00 to 9 + 00 + B. High Groundwater Area 3" Asphalt, 14" Base, 21 2050 L.F. 59/L.F. 120,950 Overexcavation & Structural Backfill) 9 + 00 + to 30 + 00 & Partial N. Loop 2. HIGHLINE ROAD INTERSECTION LU1.iPSUM 50,000 50,000 Asphalt, Earthwork, Retain- ing Wall, 600 L.F. Guardrail, Curb and Gutter, Slope Re - vegetation ADDITIONAL EARTHWORK A. 2 Ft. Height Embankment 850 L.F. 13.5/L.F. 11,475 Structural Fill) B. 4 Ft. Height Embankment 600 L.F. 27/L.F. 16,200 Structural Fill) C. 5 Ft. Height Embankment 200 L.F. 33.5/L.F. 6,700 Structural Fill) D. 2 Ft. Depth Excavation 750 L.F. ll/L.F. 8,250 4. STRIP TOPSOIL, STOCKPILE, REPLACE AND SEED 2700 L.F. 12.50/L.F. 33,750 5. STREAM CROSSINGS A. 601, Culvert A Highline Road 1 EA. 7,000/EA. 7,000 B. Riprap for Culvert Ends 50 C.Y. 30/C.Y. 1,500 6. ROAD CULVERTS A. 24" CMP 195 L.F. 25/L.F. 4,875 End Sections 8 EA. 120/EA. 960 B. 36" CMP 50 L.F. 30/L.F. 1,500 End Sections 2 EA. 305/EA. 600 25% Contingency (Legal, Engineering, Survey) 19,300 SEWER*COLLECTION Phase I Pipelines, 12" PVC 1)700 if @ $30/lf $51,000 Manholes 7 ea @ $850 5,950 25% Contingency (Legal, Engineering, Survey) 14,250 TOTAL 46o,26o OTES: 1. 2 ft. is basis of overexcavation estimate. Increases or decreases due to more unsuitable materials, or use of filter fabric will affect costs. QOOK387 P u628 1' WATER DISTRIBUTION Phase I Pipelines, 10" DIP 620 if @ 30/lf 18,600 811 DIP .1,800 if @ 27/lf 48,600 611 DIP, 100 if @ 25/lf 2,500 Fire Hydrants 5 ea @ 1,500 7,500 25% Contingency (Legal, Engineering, Survey) 19,300 SEWER*COLLECTION Phase I Pipelines, 12" PVC 1)700 if @ $30/lf $51,000 Manholes 7 ea @ $850 5,950 25% Contingency (Legal, Engineering, Survey) 14,250 TOTAL 46o,26o OTES: 1. 2 ft. is basis of overexcavation estimate. Increases or decreases due to more unsuitable materials, or use of filter fabric will affect costs. 2 k w 00 rn O A O U O A N N Q4 O U N A O 41 H Ra U U) o r -I w x A Recorded 11:11 AM At, 1 15 1980 Reception,,#. Lok. a Banner Recorder SUBDIVISION IMPROVEMENT t x f wt,631 AGREEMENT THIS AGREEMENT is made and entered into this 14+—k day of Al??:ld. , 19 ¢;O , by and between the Town of Snowmass Village, Colorado, a municipal corporation hereinafter sometimes designated as the "Town", and The Snowmass Company, Ltd., hereinafter designated as the "Developer". W I T N E S S E T H: WHEREAS, Developer is the owner of certain property situated in the County of Pitkin, State of Colorado, more particularly described as Parcel 2, The Snowmass Club Subdivision, according to the recorded plat thereof (The "Property"); and WHEREAS, Developer desires to develop said property;as the Snowmass Club Subdivision, Parcel 2, and has submitted to the Town a final subdivision plat showing a proposed subdivision layout for said lands, which plat is attached hereto as Exhibit A-1 and A-2, respectively, and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the Town a public site improvements plan for said lands, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof; and WHEREAS, the Town's Planning and Zoning Commission and Board of Trustees have approved the final PUD plan and subdivision plat submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands; NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. The Developer hereby guarantees the installation as here- after provided, as necessary to serve the property on Exhibit A, o', r'Aa,632 and payment for all utility lines, storm drainage improvements, streets, sanitary sewer lines, traffic control signs, street name signs, water lines, fire hydrants and landscaping. The Developer hereby warrants all such improvements for a period of one year after acceptance of such improvements by either the Town or the Water and Sanitation District. Developer agrees to correct promptly any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. In the event such installation is not completed substantially within the applicable schedules and according to the specific plans set forth herein, the Town shall have the right to cause such additional work to be done as is necessary to complete the installation in such manner and the Developer shall be liable for the cost of such additional work. 2. Water Lines. a. At the request of the Developer, the Snowmass Water and Sanitation District shall engineer and install all water lines whether such lines are actually on the property, bordering the property or on other lands connecting the subject property to the existing water distribution system inl.accordance with,standard specifications of the District. b. Installation of said lines shall be completed in accordance with the schedule attached hereto as Exhibit C. C. Developer understands and agrees that no certificate of occupancy for any structure in the subdivision shall be issued by the Town until the water line serving such structure is installed and accepted by the Engineers for the District. d. All of said lines shall be installed at the sole expense of the Developer pursuant to agreement with the District. 3. Sanitary Sewer Collection Lines. a. At the request of the Developer, the Snowmass Water and Sanitation District shall engineer and install any sanitary sewer collection lines, whether the same be on or off the subject property in accordance with the standard specifications of the District. 633a4l,0 ,G4 b. The installation of said lines shall be completed in accordance with the schedule attached hereto as Exhibit C. C. All of said lines shall be installed at the sole expense of the Developer pursuant to agreement with the District. 4. Electric, Gas and Telephone Lines and Facilities. a. At the request of the Developer, the Holy Cross Electric Association shall engineer and install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such work in accordance with the established charges of the Association, according to a schedule subject to approval by the Town Engineer. At the request of the Developer, Rocky Mountain Natural Gas Company shall engineer and install all required gas lines and facilities required and the Developer shall pay for such work in accordance with the established charges of the Company, according to a schedule subject to approval by the Town Engineer. At the request of the Developer, Mountain Bell shall engineer and -.install -all... requi.red.-.tblepho.ne-. lines and facilities and the Developer shall pay for such work in accordance with the established charges of Mountain Bell, according to a schedule subject to approval by the Town Engineer. Nothing above shall affect any agreements between the utility companies and private lot purchasers. 5. Storm Drainage Improvements. a. The Developer shall install all storm drainage improvements and facilities shown on Exhibit D. b. The Developer agrees to complete the installation of said lines and facilities in accordance with the schedule attached hereto as Exhibit C. C. All of said lines shall be installed at the sole expense of the Developer. d. The installation of all such lines and facilities shall be inspected by the Snowmass Town Engineer and shall be subject to such Engineer's approval. The cost of such inspection shall be paid by the Developer. 3 - Boor tut:634 6. Streets. a. Developer agrees to install all public streets as described in Exhibit D (referring to station 0 + 00 to 29 + 00 shown on Exhibit B) in compliance with the specifications of the Town of Snowmass Village or as approved in master plan standards, or as approved by the Town Engineer at the Developer's expense. b. Developer agrees to install all street signs re- quired by the Town of Snowmass Village, at Developer's expense. C. Developer agrees to revegetate all cuts and fills resulting from installation of streets in a manner which will prevent erosion, at Developer's expense. d. Developer agrees to complete the installation of street improvements in accordance with the schedule attached hereto as Exhibit D. e. The installation of all streets shall be inspected by the Town Eningeer and subject to such Engineer's approval. The cost of such inspection shall be paid by the Developer.. f. Street improvements shall not be installed until all utility lines to be placed in the street have been completely installed. g. In the event any road constructed pursuant to this agreement is not acceptable to the Town, based on engineering reasons, the Developer shall retain responsibility for the maintenance of such road, notwithstanding the fact that the right of way has been dedicated to and accepted by the Town, until such time as the road is deemed to be acceptable by the Town. The provisions of this paragraph shall not limit the right of the Town to exercise its rights pursuant to paragraph 7 below and paragraph 1 above. 7. Performance and Payment Guarantee. a. To insure Developer's performance under this agreement, Developer has provided the Town with a satisfactory financial guarantee in the form of a mortgage in the amount of $17,160.00 (Exhibit E) conditioned on Developer's full performance of its obligations hereunder and payment by the Developer of the 4 - cost of installing all improvements required to be paid for by the Developer. Upon completion of each phase of improvement and in- spection, approval and acceptance thereof by the Town Engineer, the amount of the mortgage shall be reduced by the amount allocated to that phase, except ten percent thereof. The final release of the mortgage shall occur at such time as either (a) all proposed improvements are completed and approved by the Town Engineer, or b) Developer shall provide to the Town a bond, letter of credit, escrow of funds, adequate construction loan commitment which the Town can draw on or evidence of fully pre -paid contracts, to secure Developer's guarantee in an amount equal to the mortgage then outstanding. The Town shall subordinate the mortgage to a construction loan, at Developer's request, if such construction loan is issued by a state or federally chartered bank, savings and loan association or insurance company, and such loan contains an obligation on the part of such issuer to perform under this Agreement if there is a default by the Developer. 8. Maintenance and Repair. a. Developer.agrees that it shall repair or pay for any damage to any existing improvements damaged during the construction of new improvements. The Town shall notify Developer within a reasonable time after discovery of any claim hereunder, and Developer shall have a reasonable period of time within which to repair the same, but not later than one year. 9. This agreement shall be binding upon the parties hereto, their successors and assigns, except purchasers of individual lots or residences. 4N WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinable written. 13"1 TEST :.` TOWN OF SNOLA S V LAGE , COLORADO By: 1 Mayor AP'IED THE SNOWMASS COMPANY, LTD. By: UU . 4,q,+ General Part r Town A or 5 - eif-r t xsav Y I x J I L' m X cr IN I iM S7 6, zsUr A 3 SES gmn fYYn Ila: I AZz z fipMgt. FF t E g a i B. t Al" 11 I 2 IN I I I iM zsUr A 3 SES gmn fYYn I I zs spar A 3 SES fYYn I I a _ , Boox387 Put NOTE: AOOITCONAL GRA44NG WFORWA TION TO M P29WOEO SEPERATLLY FOR FUTURE 13IKEWAi TNIS AREA. EYISTINCG PAVEMENT --"' \1 w , 2 \ I i x +C '}• `, FI 7397 - C - fit TtSaIK v 3V MF PI h p a7. ' EA' -,T ECA E NEW f-AVEMFNT aEAY FI -X F E115TING PAYFMFNT STA. 0.00 AT p FxIFNO firm EOGf i t t\^ ATcXISTI:a, PAVEMEwT pavTnai Nl FACK I,- PAU 1 FxIyTIN4 30 w,At f7i IMf NT 1 AlS2WA`{ DV4%VS GUt_ bE SAG G i2P+t> tN Cv t- t_Aty tvJTc: AS-0I-\AL_T ro'r Z 3'5NOUtUEKS !,TART AT S. Pkm-lkTY LINE OF PARCEL 2 G c\E I;Z = aSc'Ety TEES -rO 6E n TO i3E Q 2 MOK3 8 7 F, 639 EXHIBIT C Snowmass Club Subdivision Parcel 2.L. Filing ._....l_.Improvement Schedule The public improvements outlined in the subdivision agreement shall be completed based on the following schedule: Prior . to September 1, 1980, all water, sewer, electrical, and tele- phone utility improvements shall be completely installed and ready for final inspection by the Town Engineer. Prior to December 1, 1980, road improvements including clearing, grubbing, retaining structures, sub -grade, sub -base, and drainage shall be installed. All utilities to be located in street shall be complete prior to the sub -base, -installation. Prior to December 1, 1981, the asphalt mat, road signage, traffic control signage, revegetation of disturbed slopes and all other improvements shall be ready forfinalinspection by the Town Engineer. EXHIBIT Parcel 2, Filing 1 Cul -de -Sac Cost Estimate Road Cul -de -Sac with Center Island 2" Asphalt 8" Base 22' Pavement width plus 31 shoulders 250 LF @ $32/LF Embankment 1,167 Cu. Yd. @ $5/Cu. Yd. Sanitary Sewer Service 155 LF of 4" PUC @ $11/LF Potable Water Service 180 LF of 3/4" copper pipe @ $9/LF TOTAL Q I pa Cc: 30K387 ti L640 U. t• 5,835 1,705 1,620 17,160 4 Reception# Recorded 11:12 AM A ,1 15 1980 ,a Lot' -ta Banner REcorder moo, PAGc 641 GUARA14TEE MORTGAGE FOR THE SNOWMASS CLUB SUBDIVISION 1. Convevance The Snowmass Company, Ltd., a Colorado limited partnership (the "Mortgagor"), whose address is 5131 Owl Creek Road, Snowmass Village, County of Pitkin, State of Colorado, hereby mortgages to the Town of Snowmass Village, a Colorado municipal corporation (the "Mortgagee"), whose address is P. 0. Box 5010, Snowmass Village, County of Pitkin, State of Colorado 81615, to secure the payment of q-11,414 . oo ( adjusted, calculated and due as provided below) and the performance of other obligations specified herein, that certain real property in the County of Pitkin and State of Colorado described as Parcel 1, except Lots 1 and 2 thereof, according to the recorded plat of The Snowmass Club Subdivision, Parcel 1, Filing No. 1; and Parcel 6, except Lots 1 and 2 thereof, according to the recorded plat of The Snowmass Club Subdivision, Parcel 6, Filing No. 1 (together being the "Property"), and warrants title to the same subject, however, to general property taxes not yet due and payable, and prior interests of record; provided, however, that Mortgagor warrants that this Mortgage constitutes a first mortgage lien on the Property. This Mortgage is given in connection with those certain Subdivision Improvements Agreements between Mortgagor and Mortgagee recorded in Book -07 at Page 6, to and in Book -f at Page , (the Improvements Agreement"), and terms used in the Improvements Agreement shall have the same meaning when used in this Mortgage, unless otherwise noted. 2. Obligations of Mortgagor. a) Mortgagor will comply with all of its obligations and guarantees as set forth in the Improvements Agreement. b) Mortgagor warrants and covenants forever to defend Mortgagee in the quiet and peaceful possession of the Property against all and every person or persons lawfully claiming the whole or any part thereof. c) Mortgagor shall not commit or suffer any waste to the Property or permit any use of the Property contrary to restrictions of record or contrary to laws, ordinances or regulations of any proper public authority having jurisdiction. In connection with the foregoing, Mortgagor will permit Mortgagee to enter upon the Property at all reasonable times for the purposes of inspecting the Property. aUUK PAGE d) Mortgagor will defend, at its own cost and expense, indemnify and hold Mortgagee harmless, from any third -party action, proceeding or claim affecting the Property, or any part thereof, this Mortgage, or the Improvements Agreement. e) Mortgagee will comply with all laws, acts, rules, regulations and orders of any Federal, State, municipal, legislative, administrative or judicial body, commission or officer exercising any power of regulation or supervision over the Mortgagor or the Property, except that the Mortgagor may contest any such law, act, rule, regulation or order in any reasonable manner which will not affect the interest of the Mortgagee to any part of the Property. f) In the event of any action affecting title or interest in or to the Property, Mortgagor agrees to give timely written notice to Mortgagee, and an opportunity for Mortgagee, at Mortgagor's expense, to defend its interest therein. 3. Rights of Mortgagor. The total amount of the guarantee secured by this Mortgage shall be reduced upon completion of each phase of improvements construction, and inspection and approval thereof by the Town Engineer, according to 90% of the amount allocated to such phase on Schedule A attached hereto. Mortgagor shall be entitled to partial releases of the Property from this Mortgage on a pro rata basis with the above-described reduction of the guarantee secured hereby. The final release of the Mortgage shall occur at such time as either (a) all proposed improvements are completed and approved by the Town Engineer, or (b) Mortgagor provides to the Mortgagee a bond, letter of credit, escrow of funds, adequate construction loan commitment which the Mortgagee can draw on, or evidence of fully pre -paid contracts, to secure Mortgagor's guarantee in an amount equal to the Mortgage guarantee then outstanding. 4. Events of Default. This obligation shall be in default, and this Mortgage may be foreclosed, as provided by law, upon the occurrence of any one or more of the following Events of Default: a) Failure by the Mortgagor to substantially perform or observe any material obligation under this Mortgage or the Improvements Agreement; 2- 643noK387P.,G, b) If any statement, representation or warranty of Mortgagor herein contained proves untrue or misleading in any material respect; c) If the Mortgagee, in the event that any claim of priority over this Mortgage, by title, lien or otherwise is asserted by any person by any filing or in any legal, administrative or equitable proceeding, except as otherwise contemplated expressly in this Mortgage, fails to provide insurance, a bond or other security within 15 days in form and content satisfactory to the Mortgagee, protecting the Mortgagee from any adverse consequences which may result or may have resulted from such claim; d) The insolvency (however evidenced) or the commission of any act of insolvency by the Mortgagor, or the making of an assignment to or for the benefit of creditors of the Mortgagor, or the appointment of a receiver, liquidator, conservator or trustee of the Mortgagor or its Property, or the filing of a voluntary petition or the commencement of any proceeding by Mortgagor for relief under any bankruptcy, insolvency, reorganization, arrangement, or receivership laws or other law relating to the relief of debtors of any state or of the United States, or the filing of any involuntary petition ( unless and until discharged within 30 days after such filing) for the bankruptcy, insolvency, reorganization, arrangement or receivership or the involuntary commencement of any similar proceeding under the laws of any state or the United States relating to the relief of debtors, against the Mortgagor; e) Should the Mortgagor fail to pay any and all real prorty taxes or assessments of any kind prior to the time any penalty accrues. 5. Miscellaneous. a) Following the occurrence of an Event of Default, the Mortgagee may pay sums in any amount, form or manner deemed expedient by Mortgagee to protect the security of this Mortgage or to cure any default, make any payment hereby authorized to be made according to any bill, statement or estimate furnished or procured from the appropriate public officer or the party claiming payment in which event the amounts so paid shall be added to and become a part of the obligations hereunder and be immediately due and payable to Mortgagee and Mortgagee shall be subrogated to any encumbrance, lien, claim or demand, and to other rights and securities for the payment thereof, paid or discharged by mortgagee under the provisions hereof, and any such subrogation rights shall be additional and cumulative security to this instrument. 3- YJOK FAGE644 b) If at any time, in the judgment and the discretion of the Mortgagee, a receiver should be necessary to protect the Property after maturity of the obligation hereunder, or at the time of or after the institution of suit to collect such obligation or to enforce this Mortgage, Mortgagee shall have the right to the appointment, by application to any court having jurisdiction, of a receiver to take charge of, manage, preserve, protect and operate the Property with any business or businesses located thereon, to collect the rents, issues, profits and income thereof, to make all needed repairs, and to pay all taxes and assessments against the Property and, after the payment of the expenses of the receivership, to apply the net proceeds in reduction of the obligation hereunder, or in such other manner as the court or receiver shall direct, all such expenses to be secured by the lien of this Mortgage. Such receivership shall, at the option of Mortgagee, continue until full payment of all sums hereby secured, or until title to the Property shall have passed by foreclosure sale under this Mortgage and the period of redemption shall have expired. c) The Mortgagee may purchase the Property or any part thereof at a foreclosure sale. It shall not be obligatory upon the purchaser at such sale to see to the application of the purchase money. d) If a release deed is required, it is agreed that the Mortgagor, its successors and assigns will pay the expenses thereof. e) Any indulgence or departure at any time by the Mortgagee from any of the provisions hereof, or of any obligation hereby secured, shall not modify the same or relate to the future or waive future compliance herewith by Mortgagor. f) This mortgage shall run with the land, and bind and benefit the parties, their successors and assigns. MORTGAGOR: MORTGAGEE: The Snowmass Company, Ltd. To By By e eral ty tner m, oK387 PAGE645 ATTEST: By Town Clerk r. STATE OF COLORADO ss: COUNTY OFA ThZ foregoing instrument was acknowledged beforemethisdayofii- , 1980, by 541'4Fs 10- , as General Partner of The Snowmass Company, Ltd., by k,4.P,T,4 keu-'fm as Mayor of the Town of Snowmass Village, and as Town Clerk of the Town of Snowmass Village. a- Witness my hand and officiE seal. Notary Pub is My commission expires: RCL # 6/ Gua rMo r t 5- c NxaIN SUBORDINATION AGREEMENT The Town of Snowmass Village, Colorado, a municipal corporation the "Town"), is the beneficiary of certain Subdivision Improvement Agreements, executed by The Snowmass Company, Ltd. (the "Company") and recorded in Book 387 at Pages 610 and 631 of the records of the Clerk and Recorder, Pitkin County, Colorado, which, among other things, obligates the Company to construct certain specified public improvements. The Company's obligations thereunder are secured by a Guarantee Mortgage recorded in Book 387 at Page 641 of such records, which encumbers Parcel 1 (except Lots 1 and 2 thereof), Filing No. 1, The Snowmass Club Subdivision, and Parcel 6 except Lots 1 and 2 thereof), Filing No. 1, The Snowmass Club Subdivision collectively, the "Property"). The Company has entered into a Construction Loan Agreement, dated June , 1980, with tate Savings Mortgage Company, an Ohio corporation (the Lender"), and a Promissory Note and Deed of Trust pursuant thereto. Such Construction Loan Agreement provides for an amount of borrowing which, together with certain down payment deposits made by buyers under receipt and option agreements, the Company has represented to the Town and Lender will be adequate to pay for the construction of improvements on portions of The Snowmass Club Subdivision, including all of the improvements the construction of which is secured by the above-described Guarantee Mortgage (the "Infrastructure Improve- ments"). The Construction Loan Agreement provides in Section 8.4(a) that, if the Company defaults as provided in such Section: if the Town of Snowmass Village undertakes the completion of the installation of the Infrastructure Improvements, then the Lender shall continue to disburse the amount remaining AGREEMENT in the Loan for such improvements...." Therefore, in consideration of such right granted to the Town under the above-described Construction Loan Agreement, the Town hereby ir- revocably subordinates its right, title and interest as the mortgagee of above-described Guarantee Mortgage to State Savings Mortgage Company or any successor beneficiary of that certain Deed of Trust granted by The Snowmass Company, Ltd. to the Public Trustee of Pitkin County, Colorado, to secure a certain promissory note in the amount of $7,717,700, which Deed of Trust is recorded on June , 1980, in Book , at Page , of the Pitkin County, Colorado records. By this subordination, Town of Snowmass Village acknowledges that the lien of its mortgage is subordinate and inferior to, and second in priority to, the lien of the beneficiary under the above-described Deed of Trust. IN WITNESS WHEREOF, the foregoing instrument is executed this l day ofy wwe 1980. TOW By: STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing Subordination Agreement was acknowledged before me this lday of , 1980, by Robert A. Kevan as Mayor of the Town of Snowmass Village and b Barbara-Wilbanks as the Town Clerk of the Town of Snowmass Village. My Commission expires:. lG CtV6( SZ • o ary Public Barbara Wilbanks, Town Clerk STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing Subordination Agreement was acknowledged before me this lday of , 1980, by Robert A. Kevan as Mayor of the Town of Snowmass Village and b Barbara-Wilbanks as the Town Clerk of the Town of Snowmass Village. My Commission expires:. lG CtV6( SZ • o ary Public SNOWMASS CLUB PLANNED UNIT DEVELOPMENT LEGAL DESCRIPTION SNOWMASS CLUB SUBDIVISION EXHIBIT B A TRACT OF LAND SITUATE IN SECTION.6, TOWNSHIP 10 SOUTH, RANGE 85 WEST, SECTION 31, TOWNSHIP 9 SOUTH, RANGE 85 WEST, SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST AND SECTION 36, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WITNESS CORNER TO THE NORTIJWEST CORNER OF SECTION 6, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS N. 88056`59" W. A DISTANCE OF 470.02 FT., SAID POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY OF BRUSH CREEK ROAD AND BEING THE SOUTHEASTERLY CORNER OF MELTON RANCH UNIT 2; THENCE THE FOLLOWING THREE COURSES ALONG THE RIGHT-OF-WAY OF BRUSH CREEK ROAD, SAID RIGHT-OF-WAY ALSO BEING THE EASTERLY BOUNDARY OF MELTON RANCH UNIT 2, 536.79 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 85026'00" AND A RADIUS OF 360.00 FT.; THENCE N. 23002'00" W. A DISTANCE OF 450.00 FT. TO A POINT OF CURVATURE; THENCE 326.94 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 53025'07" AND A RADIUS OF 350.67 FT. TO A POINT OF COMPOUND CURVATURE; THENCE 114.04 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 18037'58" AND A RADIUS -OF 350.67 FT.; THENCE N. 49°01'05" E. } A DISTANCE OF 261.50 FT. TO A POINT OF CURVATURE; { THENCE 166.80 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL AN OF 08°10'05" AND A RADIUS OF 1170.06 FT.; THENCE N. 40°51'00" E. A DISTANCE OF 114.04 FT. TO A 1OINT OF CURVATURE; THENCE 277.20 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 20040'27" AND A RADIUS OF 768.22 FT.; THENCE N. 61°31'27" E. A DISTANCE OF 168.57 FT. TO A POINT OF CURVATURE; THENCE y 404.73 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 2102823" AND A RADIUS OF 1079.92 FT. TO A POINT OF REVERSE CURVATURE; THENCE 546.80 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 50°08'00" AND A RADIUS OF 624.92 FT.; THENCE S.-89°48'57" E. A DISTANCE OF 833.51 FT. TO A POINT OF CURVATURE; THENCE 194.41 FT. ALONG THE ARC OF A CURVE TO THE RIGHT,.SAID CURVE HAVING A CENTRAL ANGLE OF 07035'42" AND A RADIUS OF 1466.59 FT.; THENCE S. 82013'16" E. A DISTANCE OF 364.25 FT. TO A POINT OF CURVATURE; THENCE 321.67 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 39026'30" AND A RADIUS OF 467.28 FT. TO A CUSP AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF BRUSH CREEK ROAD AND THE WESTERLY RIGHT-OF-WAY OF HIGHLINE ROAD; THENCE ALONG A CURVE CONCAVE TO THE SOUTHEAST, WHENCE THE CHORD BEARS S. 16032'09" W. A. DISTANCE OF 117.92 FT., SAID CURVE HAVING A CENTRAL ANGLE OF 05°03109", AN ARC OF 117.96 FT., AND A RADIUS OF 1337.68 FT.; THENCE S. 14-00'35" W. A DISTANCE OF 273.61 rT. 'T_'O A SNOWMASS CLUB PLANNED UNIT DEVELOPMENT LEGAL DESCRIPTION SNOWMASS CLUB SUBDIVISION J J 388 r,1lt. EXHIBIT B A TRACT OF LAND SITUATE IN SECTION 6, TOWNSHIP 10 SOUTH, RANGE 85 LEST, SECTION 31, TOWNSHIP 9 SOUTH, RANGE 85 WEST, SEC -LION 1, TOWNSHIP 10 SOUTH, RAINGE 86 WEST AND SECTION 36, TONTNSHIP 9 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WITNESS CORNER TO THE NOR'Z11WEST CORNER. OF SECTION 6, TOS SHIP 10 SOUTH, RANGE. 85 INTEST OF THE SIXTH PR.I.NCiPAL MERIDIAlN BEARS N. 68056'59" W. A DISTANCE OF 470.02 FT., SAID POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY OF BRUSH CREEK ROAD AND BEING THE SOUTHEASTERLY CORNER OF MELTON RANCH UNIT 2; THENCE. ' THE FOLLOWING THREE COURSES ALONG THE RIGHT -Or -WAY Or BRUSH CREEK ROAD, SAID RIGHT-OF-WAY ALSO BEING TEE EASTE-RLY BOUNDARY OF MELTON RANCH UNIT 2, 536.79 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 85026'00" AND A RADIUS OF 360.00 FT.; THENCE N. 23°02'00" 4 A DISTANCE OF 450.00 FT. TO A POINT OF CURVATURE; THENCE 326.94 FT. ALONG THE ARC OF A CURVE, O THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 53025'07" AND A RADIUS OF 350.67 FT. TO A POINT OF COMPOUND CURVATURE; THENCE 114.04 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 18037'58" AND A TUS•OF 350.67 FT.; THENCE N. 49°01'05 E. A DISTANCE OF 261.50 FT. TO A POINT OF CURVATURE; THENCE 166.80 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 08010'05" AND A RADIUS OF 1170.06 FT.; THENCE N. 40071'00" E. A DISTANCE OF 114.04 FT. TO A POINT OF CURVATURE; THENCE 277.20 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 20040'27" AND A RADIUS OF 768.22 FT.; THENCE N. 61°31'27" E. A DISTANCE OF 168.57 FT. TO A POINT OF CURVATURE; THENCE i 404.73 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 21028'23" AND A RADIUS OF 1079.92 FT. TO A POINT OF REVERSE CURVATURE; THENCE 546.80 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 50°08100" AND A RADIUS OF 624.92 FT.; THENCE S.-89°48'57" E. A DISTANCE OF 833.51 FT. TO A POINT OF CURVATURE; THENCE 194.41 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 07035'42" AND A RADIUS OF 1466.59 FT.; Y THENCE S. 82013'16" E. A DISTANCE OF 364.25 FT. TO A POINT OF CURVATURE; THENCE 321.67 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 39°26130" AND A RADIUS OF 467.28 FT. TO A CUSP AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF BRUSH CREEK ROAD AND THE WESTERLY RIGHT-OF-WAY OF HIGHLINE ROAD; THENCE ALONG A CURVE CONCAVE TO THE SOUTHEAST, WHENCE THE CHORD BEARS S. 16032'09" W. A. DISTANCE OF 117.92 FT., SAID CURVE HAVING A CENTRAL ANGLE OF 05003'09°', AN ARC OF 117.96 FT., AND A RADIUS OF 1337.68 FT.; THENCE S. 14000235" W. A DISTANCE OF 273.61 T -T. 'In A POINT 00K388 PA 56 10_5' CURVATURE; .HENCE 173.82 FT. ALONG THE iiRC OF A CURVE TO i THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 19°04155" AND A RADIUS OF 521.92 FT.;- THENCE S. 05°04120" E. A DISTANCE OF 90.35 FT. TO A POINT OE' CURVATURE; THENCE 282.68 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 47055'57" AND A RADIUS OF 337.90 FT. TO A POINT OF REVERSE CURVATURE; THENCE 322.17 FT. ALONG THE ARC OF- FAACURVETOTHELEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 31038'00" AND A RADIUS OF 583.53 FT. TO A POINT OF COMPOUND CURVATURE; THENCE 1038.46 FT. ALONG THE ARC OF A CURVE TO r THE LEFT, SAID -CURVE HAVING A CENTRAL ANGLE OF 35°58'28" AND A RADIUS OF 1653.93 FT.; THENCE S. 24044'51" E. A DISTANCE OF 414.18 FT. TO A POINT OF CURVATURE; THENCE 393.91 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 37°39'18" AND A RADIUS OF 599.37 FT.; THENCE S. 12054'27" W. A DISTANCE OF 134.44 FT. TO A POINT OF CURVATURE; THENCE 296.62 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 41026'51" AND A RADIUS OF 410.04 FT.; THENCE S. 28032'24" E. A DISTANCE OF 123.12 FT. TO A POINT OF'CURVATURE; THENCE 139.58 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 27°46`12" AND A RADIUS OF 287.98 FT. TO A POINT OF REVERSE CURVATURE; THENCE 108.53 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 34044'03" AND A RADIUS OF 179.02 FT.; THENCE S. 21034132" E. A DISTANCE OF 108.32 FT. TO A POINT OF CURVATURE; THENCE 200.18 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 15009'43" AND A RADIUS OF 756.45 FT.; THENCE S. 06024'50" E. A DISTANCE OF 61.19 FT. TO A POINT OF CURVATURE; THENCE 102.50 FT. ALONG THE ARC OF A CURVE, TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 08042'07" AND A RADIUS OF 674.88 FT. TO A POINT OF REVERSE CURVATURE; THENCE 22.10 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 126036'19" AND A RADIUS OF 10.00 FT. TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OWL CREEK ROAD; THENCE 321.18 FT.IALONGTHEARCOFACURVETOTHERIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 21009'08" AND A RADIUS OF 870.00 FT.; THENCE N. 47021'28" W. A DISTANCE OF 187.62 FT. TO A POINT -OF CURVA- TURE; THENCE 122.22 FT. ALONG THE ARC OF A CURVE TO THE LEFT ITOAPOINTONTHESOUTHERLYRIGHT-OF-WAY OF COUNTRY CLUB SUBDIVISION UNIT NO. 1, SAID POINT ALSO BEING A POINT OF iCUSP, SAID CURVE HAVING A CENTRAL ANGLE OF 46032'09" AND A RADIUS OF 150.48 FT.; THENCE S. 89005'00" E. ALONG THE j SOUTHERLY LINE OF COUNTRY CLUB SUBDIVISION UNIT 1 A DISTANCE f OF 130.00 FT.; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF COUNTRY CLUB SUBDIVISION UNIT 1 N. 70000'00" E. A DISTANCE OF.15.00 FT. TO A POINT ON T= EASTERLY BOUNDARY..OF COUNTRY CLUB SUBDIVISION UNIT 1; THENCE N. 06003131" W. ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 321.66 FT., SAID LINE RECITED AS N. 05057'48" W. A DISTANCE OF 322.04 FT. ON COUNTRY CLUB UNIT 1 PLAT; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY f N. 22002145" W. A DISTANCE OF 180.31 FT., SAID LINE RECITED AS N. 22000100" W. A DISTANCE OF 180.00 FT. ON COUNTRY CLUB UNIT 1 PLAT; THENCE N. 06040'32" W. ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 219.36 FT., SAID LINE RECITED AS N. 06041100" W. A DISTANCE OF 220.05 FT. ON COUNTRY CLUB UNIT 1 PLAT; THENCE N. 18042'29" W. ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 134.06 FT., SAID LINE RECITED AS j N. 18040130" W. A DISTANCE OF 134.22 FT. ON COUNTRY CLUBCUNIT1PLAT; THENCE N. 04°39'35" W. ALONG SAID EASTERLY 57@OK388#'. BOUNDARY A DISTANCE OF 193.83 FT., SAID LINE RECITED AS N. 04036'00" W. A DISTANCE OF 193.65 FT. ON COUNTRY CLUB UNIT 1 PLAT TO THE NORTHEASTERLY CORNER OF COUNTRY CLUB iSUBDIVISION UNIT 1; THENCE S. 85°20'24" W. ALONG THE NORTHERLY BOUNDARY OF COUNTRY CLUB SUBDIVISION UNIT 1 A 1DISTANCE OF 225.50 FT., SAID LINE RECITED AS S. 85°24'00" W. IA DISTANCE OF 225.50 FT. ON COUNTRY CLUB UNIT 1 PLAT TO THE iNORTHWESTERLY CORNER OF COUNTRY CLUB SUBDIVISION UNIT 1; THE_JCE S. 09059'42" W. ALONG THE WESTERLY BOUNDARY OF SAID SUBDIVISION A DISTANCE OF 75.88 FT., SAID LINE RECITED AS S. 10000'00" W. A DISTANCE OF 75.80 FT. ON COUNTRY CLUB UNIT 1 PLAT; THENCE S. 04037'55" E."ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 59.94 FT. SAID LINE RECITED AS S. 04036'00" E. A DISTANCE OF 60.00 FT. ON COUNTRY CLUB UNIT 1 PLAT; THENCE S. 02°56'05" W..ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 60.55 FT., SAID LINE RECITED AS S. 03000100" W. A DISTANCE OF 60.50 FT. ON COUNTRY CLUB UNIT 1 PLAT; THENCE S. 10°13'01" W. ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 254.77 FT., SAID LINE RECITED AS IS. 10°17'00" W. A DISTANCE OF 254.94 FT. ON COUNTRY CLUB UNIT 1 PLAT; THENCE S. 11°59'55" E. ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 434.56 FT., SAID LINE RECITED AS S. 11°58'00" E. A DISTANCE OF 434.70 FT. ON THE COUNTRY CLUB UNIT 1 PLAT; THENCE S. 41°06'32" E. ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 171.93 FT., -SAID LINE, RECITED AS S. 41000'00" E. A DISTANCE. OF 169.87 FT. ON COTJNTRY CLUB UNIT 1 PLAT, TO A POINT ON THE NORTHERLY RIUHT-OF-WAY OF OWL CREEK ROAD; THENCE `IT 88°11'47" W. IADISTANCE , 1159.96 -FT. TO A POINT 01 "URVATURE; THENCE 60.21 FT. A:L-, QG THE ARC OF A CURVE TO Ttrr; RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 15027'11" AND A RADIUS OF 223.24 FT.; THENCE N. 72'44'36" W. A DISTANCE OFBOOK388 rAC"t 122.08 FT. TO A POINT OF CURVATURE, THENCE 199.84 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 51003'37" AND A RADIUS OF 224.25 FT.; THENCE S. 56011'48" W. A DISTANCE OF 82.40 FT. TO A POINT OF CURVATURE; THENCE 138.93 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 72041'05" AND A RADIUS OF 109.52 FT.; THENCE N. 51007'07" W. A DISTANCE OF 239.47 FT. TO A POINT OF CURVATURE; THENCE 211.78 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 45055'47" AND A RADIUS OF 264.19 FT., THENCE S. 82057106" W. A DISTANCE OF 505.37 FT.; THENCE i S. 0939'00" E. A DISTANCE OF 10.04 FT. .TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OWL CREEK RD. AS DESCRIBED IN BOOK j302, AT PAGE 233 OF THE PITKIN COUNTY RECORDS; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY S. 8021'00" W. A DISTANCE OF 275.21 FT, TO A POINT OF CURVATURE; THENCE 144.47 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRALiAhOF06°57'00" AND A RADIUS OF 1190.97 FT.; THENCE S. 73024'00" W. A DISTANCE OF 65.97 FT. TO A POINT OF CURVA- TURE; THENCE 370.68 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 27054'00" AND A RADIUS OF 761.23 FT.; THENCE S. 45030'00" W. A DISTANCE OF 142.44 FT TO A POINT OF CURVATURE; THENCE 167.33 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 14017'00" AND A RADIUS OF 671.24 FT.; THENCE S. 5947'00" W. A DISTANCE OF 174.30 FT. TO A POINT OF CURVATURE; THENCE 290.71 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 28009'12" AND A RADIUS OF 591.64 FT.; THENCE S. 8756'12" W. A DISTANCE OF 111.20 FT. TO A POINT ON A NON -TANGENT CURVE, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY OF OWL CREEK ROAD AS ON MEADOW RANCH PLAT; THENCE 88.44 FT. ALONG THE ARC OF SAID NON -TANGENT CURVE HAVING A CENTRAL ANGLE OF 05054'06" AND A RADIUS OF 858.61 FT.; THENCE CONTINUING ALONG THE NORTHERLY RIGHT-OF-WAY OF OWL CREEK ROAD AS RE- CORDED IN BOOK 302, PAGE 229 OF THE PITKIN COUNTY -RECORDS, THE FOLLOWING COURSES: N. 84023'00" W. A DISTANCE OF i55.86 FT.; THENCE 218.97 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 27010'00" AND A RADIUS OF 461.81 FT.; THENCE S. 63027100" W. A DISTANCE OF 91.34 FT. TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT FIRE STATION; THENCE THE FOLLOWING COURSES ALONG SAID j BOUNDARY: N. 06045'00" W. A DISTANCE OF 120.00 FT.; t THENCE S. 83015'04" W. A DISTANCE OF 189.00 FT.; THENCE f( S. 06045'00" E. A DISTANCE OF 133.89 FT. TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OWL CREEK ROAD; THENCE ALONG SAID RIGHT-OF-WAY 40.36 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 10°07'12 i AND A RADIUS OF 228.47 FT.; THENCE N. 69024'38" W. A DISTANCE OF 38.76 FT. TO A POINT OF CURVATURE; THENCE 94.44 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 24057'58" AND A RADIUS OF 216.74 FT. TO A POINT OF REVERSE CURVATURE; THENCE BOOK i,,.(a0 1.03.43 FT. ALONG THE ARC OF A CURVE TO THE xxHT;— TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY OF BRUSH CREEK ROAD, SAID CURVE HAVING A. CENTRAL ANGLE OF 118031'36" AND A RADIUS OF 50.00 FT.; THENCE ALONG THE SOUTHERLY RIGHT—OF—WAY OF BRUSH CREEK ROAD THE FOLLOWING COURSES: N. 24°09'00" E. t'A DISTANCE OF 220.03 FT. TO A POINT OF CURVATURE; THENCE 127.58 FT- ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 05°24'23" AND A RADIUS OF 1352.12 FT. TO A POINT OF REVERSE CURVATURE; THENCE 426.93 FT. ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 46°11133" AND A RADIUS OF 529.55 FT.; THENCE N. 6456'10" E. A DISTANCE OF 253.02 FT.; _ THENCE 199.59 FT. ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 25033'10" AND A RADIUS OF 447.53 FT.; THENCE N. 39023100" E. A DISTANCE OF 44.39 FT. TO THE NORTHWESTERLY CORNER OF THE BOUNDARY OF SNOWHIASS VILLA CONDOMINIUMS; THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES: a': 17°09'07" E. A DISTANCE OF 135.57 FT.; THENCE N. 64055'00" E. A DISTANCE OF 172.50 FT.; THENCE N. 54°36'12" E. A DISTANCE OF 60.00 FT.; THENCE N. 54°36'42" E. A DISTANCE OF 125.13 FT.; THENCE N. 73034'59" E. A DISTANCE OF 46.07 FT.; THENCE N. 35011'02" E. A DISTANCE OF 45.00 FT.; THENCE N. 54°36'42" E. A DISTANCE OF 119.00 FT.; THENCE N. 44°31'42" E. A DISTANCE OF 236.00 FT.; THENCE N. 25°14'30" W. A DISTANCE OF 266.51 FT. TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY OF BRUSH CREEK ROAD; THENCE ALONG SAID RIGHT—OF—WAY THE FOLLOWING COURSES: N. 51046'00" E. A DISTANCE OF 448.58 FT. TO A POINT OF CURVATURE; THENCE 41.12 FT. ALONG THE ARC OF A CURVE TO rTHE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 10038'00" IAND A RADIUS OF 221.54 FT.; THENCE N. 62°24'00" E. A DISTANCE OF 262.16 FT. TO THE POINT OF BEGINNING EXEMPTING THE FOLLOWING PARCELS: ON PARCEL #1 SNOWMASS AMERICAN CORPORATION TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, AS RECORDED IN BOOK 244, PAGE 344, RECEPTION 137803, IN THE OFFICES OF CLERK AND -RECORDER, PITKIN COUNTY, COLORADO, CONTAINING .55 ACRES MORE OR LESS. ION PARCEL #2 CONVEYANCE BY SNOINNIASS CORPORATION TO SNOWMASS WATER AND SANITATION DISTRICT OF 6.84. ACRES KNOWN AS "NEW PLANT SITE", AS RECORDED IN BOOK 343, PAGE 52, 53 IN THE OFFICES OF CLERK AND RECORDER, PITKIN COUNTY, COLORADO. INDIVIDUAL PARCELS WITHIN THE ABOVE DESCRIBED AREA ARE DESCRIBED ON THE SNOWMASS CLUB PLANNED UNIT DEVELOPMENT PLAN FILED FOR RECORD WITH THE PITKIN COUNTY CLERK AND RECORDER ON THE & 7-H DAY OF 1980, IN PLAT BOOK I1 AT PAGE - /11)p. ya BWK388 60 SNOWMASS CLUB SUBDIVISION GROSS PARCEL PLAT A TRACT OF LAND IN PITKIN COUNTY, COLORADO, AS MORE PARTICULARLY DESCRIBED ON THE GROSS PARCEL PLAT OF THE SNOWMASS CLUB SUBDIVISION, FILED FOR RECORD WITH THE PITKIN COUNTY CLERK AND RECORDER ON THE j 14,. DAY OF 1980, IN PLAT BOOK AT PAGES 32. iHtivt111 1 . SNOWMASS CLUB SUBDIVISION PARCEL 1 A TRACT OF LAND IN PITKIN COUNTY, COLORADO, AS MORE PARTICULARLY DESCRIBED ON THE FINAL PLAT OF THE SNOWMASS CLUB SUBDIVISION, PARCEL ONE, FILED FOR RECORD WITH THE PITKIN COUNTY CLERK AND RECORDER ON THE /, DAY OF Apo L. , 1980, IN PLAT BOOK q AT PAGE S :31ins n 3 SNOWMASS CLUB SUBDIVISION PARCEL 2 A TRACT OF LAND IN PITKIN COUNTY, COLORADO, AS MORE PARTICULARLY DESCRIBED ON THE FINAL PLAT OF THE SNOWMASS CLUB SUBDIVISION, PARCEL TWO, FILED FOR RECORD WITH THE PITKIN COUNTY CLERK AND RECORDER ON THE Jam,' -jW DAY OFpIti 1, , 1980, IN PLAT BOOK 9 AT SNOWMASS CLUB SUBDIVISION PARCEL 6 A TRACT OF LAND IN PITKIN COUNTY, COLORADO, AS MORE PARTICULARLY DESCRIBED ON THE FINAL PLAT OF THE SNOWMASS CLUB SUBDIVISION, PARCEL SIX, FILED FOR RECORD WITH THE PITKIN COUNTY CLERK AND RECORDER ON THE iL_ DAY OF Adl I , 19 8 d , IN PLAT BOOK 2 AT PAGE `,lam e EXHIBIT C The following recommendations of Eldorado Engineering shall be complied with: 1. Design drainage facilities for units 23-30 prior to applicable final plat approval. 2. Correct easement line on Site Dimensioning Plan to accomodate the flood plain on file and reflect such on the applicable final plats. Field verification of the flood plain and easement line shall be provided by the Company after final grading. 3. The Company shall consult with the Town Engineer when establishing the actual bottom elevation of the drainage pond and shall provide the Town Engineer with revised design criteria based on a 10 year storm. n. Recorded 11:10 AM At .15 1980 Reception# Lore' 3anner Recorder SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made and entered into this L day of 19 65o , by and between the Town of Snowmass Village, Colorado, a municipal corporation hereinafter sometimes designated as the "Town", and The Snowmass Company, Ltd., hereinafter designated as the "Developer". W I T N E S S E T H: WHEREAS, Developer is the owner of certain property situated in the County of Pitkin, State of Colorado, more particularly described in Exhibit A attached hereto and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as the Snowmass Club Subdivision, Parcel 1, Filing No. 1, and has sub- mitted to the Town a final subdivision plat showing a proposed subdivision layout for said lands, which plat is attached hereto as Exhibit B-1 and B-2, respectively, and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the Town a public site improvements plan for said lands, a copy of which is attached i hereto as Exhibit C and by this ref;6r nrnce made a part hereof; and WHEREAS, the Town's Planning and Zoning Commission and Board of Trustees have approved the final PUD plan and subdivision plat submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands; NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. The Developer hereby guarantees the installation as here- after provided, as necessary to serve the lands described on Exhibit A, and payment for all utility lines, storm drainage improvements, streets, sanitary sewer lines, traffic control signs, street name signs, water lines, fire hydrants and landscaping. The Dleveloper hereby warrants all such improvements for a period of one year after acceptance of such improvements by either the Town or the Water and Sanitations District. Developer agrees to correct promptly any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. In the event such installation is not completed substantially within the applicable schedules and according to the specific plans set forth herein, the Town shall have the right to cause such additional work to be done as is necessary to complete the installation in such manner and the Developer shall be liable for the cost of such additional work. 2. Water Lines a. At the request of the Developer, the Snowmass Water and Sanitation District shall engineer and install all water lines whether such lines are actually on the property, bordering the property or on other lands connecting the subject property to the existing water distribution system in accordance with standard specifications of the District. b. Installation of said lines shall be completed in accordance with the schedule attached hereto as Exhibit D. C. Developer understands and agrees that no certificate of occupancy for any structure in the subdivision shall be issued by the Town until the water line serving such structure is installed and accepted by the Engineers for the District. d. All of said lines shall be installed at the sole expense of the Developer pursuant to agreement with the District. 3. Sanitary Sewer Collection Lines. a. At the request of the Developer, the Snowmass Water and Sanitation District shall engineer and install any sanitary sewer collection lines, whether the same be on or off the subject pro- perty in accordance with the standard specifications of the District. 2 - b. The installation of said lines shall be completed in accordance with the schedule attached hereto as Exhibit D. C. All of said lines shall be installed at the sole expense of the Developer pursuant to agreement with the District. 4. Electric, Gas and Telephone Lines and Facilities. a. At the request of the Developer, the Holy Cross Electric Association shall engineer and install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such work in accordance with the established charges of the Association, according to a schedule subject to approval by the Town Engineer. At the request of the Developer, Rocky Mountain Natural Gas Company shall engineer and install all required gas lines and facilities required and the Developer shall pay for such work in accordance with the established charges of the Company, according to a schedule subject to approval by the Town Engineer. At the request of the Developer, Mountain Bell shall engineer and install all required telephone lines and facilities and the Developer shall pay for such work in accordance with the established charges of Mountain Bell, according to a schedule subject to approval by the Town Engineer. Nothing above shall affect any agreements between the utility companies and private lot purchasers. S. Storm Drainage Improvements. a. The Developer shall install all storm drainage improvements and facilities shown on Exhibit C. b. The Developer agrees to complete the installation of said lines and facilities in accordance with the schedule attached hereto as Exhibit D. C. All of said lines shall be installed at the sole expense of the Developer. d. The installation of all such lines and facilities shall be inspected by the Snowmass Town Engineer and shall be subject to such Engineer's approval. The cost of such inspection shall be paid by the Developer. 3 - 2d,00y .613 6. Streets. a. Developer agrees to install all public streets as described in Exhibit E (referring to station 0 + 00 to 29 +-00 shown on Exhibit C) in compliance with the specifications of the Town of Snowmass Village or as approved in master plan standards, or as approved by the Town Engineer at the Developer's expense. b. Developer agrees to install all street signs re- quired by the Town of Snowmass Village, at Developer's expense. C. Developer agrees to revegetate all cuts and fills resulting from installation of streets in a manner which will prevent erosion, at Developer's expense. d. Developer agrees to complete the installation of street improvements in accordance with the schedule attached hereto as Exhibit D. e. The installation of all streets shall be inspected by the Town Engineer and subject to such Engineer's approval. The cost of such inspection shall be paid by the Developer. f. Street improvements shall not be installed until all utility lines to be placed in the street have been completely installed. g. In the event any road constructed pursuant to this agreement is not acceptable to the Town, based on engineering reasons, thO=Developer shall.retain responsibility for the maintenance of such road, notwithstanding the fact that the right of way has been dedicated to and accepted by the Town, until such time as the road is deemed to be acceptable by the Town. The provisions of this paragraph shall not limit the right of the Town to exercise its rights pursuant to paragraph 8 below and paragraph 1 above. 7. Landscaping. a. Landscaping shall be completed by the Developer according to the plan and schedule attached hereto as Exhibit F. 8. Performance and Payment Guarantee. a. To insure Developer's performance under this agreement, Developer has provided the Town with a satisfactory financial guarantee in the form of a mortgage in the amount of $460,260.00. 4 - Exhibit E) conditioned on Developer's full performance of its obligations hereunder and payment by the Developer of -the cost of installing all improvements required to be paid for by the Developer. Upon completion of each phase of improvement and in- spection, approval and acceptance thereof by the Town Engineer, the amount of the mortgage shall be reduced by the amount allocated to that phase, except ten percent thereof. The final release of the mortgage shall occur at such time as either (.a) all proposed improvements are completed and approved by the Town Engineer, or b) Developer shall provide to the Town a bond, letter of credit, escrow of funds, adequate construction loan commitment which the Town can draw on or evidence of fully pre -paid contracts, to secure Developer's guarantee in an amount equal to the mortgage then outstanding. The Town shall subordinate the mortgage to a construction loan, at Developer's request, if such construction loan is issued by a state or federally chartered bank, savings and loan association or insurance company, and such loan contains an obligation on the part of such issuer to perform under this Agreement if there is a default by the Developer. 9. Maintenance and Repair. a. Developer agrees that it shall repair or pay for any damage to any existing improvements damaged during the construction of new improvements. The Town shall notify Developer within a reasonable time after discovery of any claim hereunder, and Developer shall have a reasonable period of time within which to repair the same, but not later than one year. 10. This agreement shall be binding upon the parties hereto, their successors and assigns, except purchasers of indivudual lots or residences. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinable written. TOWN OF SNOWMASS VVI] AGE,,.4- RADO ayor OV A THE SNOWT4AS S COMPA , LTD. wv ay By: General Par n r Town A orn 5 - Box E Aspen, Colorado PROOF OF PUBLICATION STATE OF- COLORADO ) ss. County of Pitkin ) I, tnTl l jam l n^U*Aar do solemnly swear that I am the - Pnhl i Ghpr of THE ASPEN TIMES; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been pub- lished continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been addmitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said news- paper is a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of consecutive, insertions; and that the, first publication of said notice was in the issue of said newspaper dated A13ril ` _ A.D., 19 --Wand that the last publication of said notice was in the issue of said ,news- paper dated A.D., 19 _ Subscribed and sworn to before me,. a notary public in and for the County of Pitkin, State of Colorado, this 7 day of A.D., 19 My commission expires Copy of Notice public notice-- 3011slope land. zoned Conservation lying the emaintenance 4. PurchasePrimandRental Ratea. A, ingi oln eemmtsbHighlineRoad inthe Readsouthofthe intersection with scow• within agolfmunxe. 0)AtthetimethaTownacceptadedicetice,;.:domini, punham: prim for the restricted con• and the rental rate for the long- awmer andfall of 1902 atthe expense of mea. ClubCircle aspartofthefinal Snow. theCempmy. The imp -act. Abellin. masaClubPUDapprovalbythecumnarafTOWNOF3NOWMA33VILLAGEtheCompmyaballbe ,edited with 1.7b termrestridedrentale, t. 6eUbedater- dudeodytheporiaotHig6lineRoedbo- 1985. The improvements shell be con. ORDINANCE NO8 lea ofdadiratedtralLeaxmmb m rtr mined onA basis ballow thecompany to tweet the Brwh Cask Road intersection strutted tothe following amdnrda: Series uC1980 Wiled order the provLimu ofOrdinanm breakoven"byduargingto sect restricted andthe intersection with SnowmeseClub .22' pavement width AN ORDINANCE TOAMEND ORDI. 37,9eriesaf1978,Ezhibit2, PertIIA: ItisunderdoodthattheCompanycomamtato project only the direct and allocated de- velo mtmsb:'1heConpnnywill mntn Circleand scall be constructed to the fol. b. 2' shoulders (only where possibleIwvLgstandarls:. within existing roadway) NANCE NO 4, SERIES OF 1978. ANDORDINANCENO33, SERIES OF 3878, undertakethe actualmoetruction oftrailinabeammillustratedthe buts the land foemuddedmnwi" at Ure 22' paremmt width 'I aggregate benecourseb. AND THE ACCOMPANYING ZONINGDI9TRICTMAPOFTHETOWN -0F preliminarysuunaonplatappliatiouponcam- ne mmmt dtmsfnictionIntheBrea: AC originalpurchase price and will lease landforthermtrbtedxabl unite at11.00peryeasfor100yeah. ' 2' ehmldex (only where possible d. 2" asphalt mat thisending roadway) necessarypavement markingAndsig- 4" aggngab base muse nageSNOWMASSVILLAGE, AND PROVm. the lima ofdeteiled Halal pLtsubmirim, S.Owemhip.r A.tatHousing.Itieme. d.2".nep6altmet t.i prove Ir mddnimgeINGFORFINALAPPROVALOFAPLANNEDUNCfDEVl9[APMENTPLAN engineering plain and apeeifiratiom for.-.temphtedt6attheTown'eHmeingAuNor- mytrniLtabemOetrudedwhthinaue6plat ity willown themtrided xnfal6msng, ZIPNecnenrypavementmarkingandsg- inducting edditi.A mWerts, itnamaenrypegs4. Anderson RandJOwl CreekitoaaANDCERTAINSUBDIVISIONPLATSshallbesubmittedtotheTownEngineer• w7R leme'the ground from tha Company, L Improve" upslope" ditch anddeaimge The Company ,hal xpevetheportion ofFORTHE9NOWMAS9CLUBSUBDIVI. Upon impletion of construction setidac-.end will sublease Due grand mdtaasethe Ldudingeddi=o dfneree.ary. -CreekRoadfromtheutersectionoftheSION. torybtheTownEngine r, theTownhull buildingsb ann•profitmrporntionusing vVTheTowsanalimproverue above sec. Andersen Ranch Housing entry drivewayWHEREAS, Article VlII of the Zoning ncmptdedimtimafmchp6a«otthetnils. thesemelegaletnuctuxmLot6,Creekeide tianafxad inthesummernrigooandthe west to the inteneetim with Buveh CreekCodefortheTeamof9nowmasVilbge1nadditiou, r1- 1f tiou oftrail aasemmt 9ubddvbdan.Otheramngemmbmubally Canpenyehallmantaiathnroad fromt6at Rind in the Bummer of 198b. If far myknowaasthePleasedUnitDevelopmentmnneetiaasLt6eovMiagVillegesadthesandectorybthetowamd/or. Housing timeuntil improvodased forth above. xesoIlJhe mmtructim of the AndOrdiIIan« of The Town ofSnowman Vil- lage, EsrtVillagmibferpmibtefuture dedies- rim Authority and the Companymaybemade Hindu Houang L delayedbeyord n sum- provides for the mtabliehmmt of Phu- Unit 1 bemadean theappropriate do- by thepartNa. 2. Hdghli.e/Bneh CredeIntersection mer 1984 <onstructianmmmencemAM theI)evnlopmmbas morefullysetf-th tl=, and tailed ford DLb. 6. Loon'Guarantee. The Company will The Cnepany shell mnrtruct improve: C®piny will than be required to mean WHEREAS. th¢HoatddTrustemofthe h Detailed landsenping plane and the longterm inde6tadnae of thegAuthorityLamaneraimibrgunjC-.. h- menu ta theHighhne Rmd/BmshCmk thedescribedportion ofOwlCrackRoainintersectioninthesummerandfallof3982thefalloftheyesrfotlowingtheyearinTownofSnow - Village and the Plan•' aiegmdZo,17ngC®mie-'ft eT-of adfidesshallbesubmittedmdappr-Adbeforearchdetailedfinalplatapproval. - totegunrant«, TheCampmy'stotamposure'willbe limited to atthe expense ofthe Company. TheTown which t6acmntructiona uallycam- and the Companywillmutually develops mmmaItis Anticipatedthatthestandards3nowmaasV.ila.a-9 granted to.The fg)The Company ahnll submit to the a50mmbimtioawitht6eCraekaide dateiledplan fartheimprov®muwithin ofconstruction shallbeas follows: owmnAsCompany, Ltd (the "Company") ib requested mnccpmnl dwelopmmt alp- TI Fir` Mar.6e11 : for . approvaldomes % evidence that the waterdu- lmses, ifAny) beforerestrictedmetalunitswillbeofferedforBaleAsr«tricted em-: sizty (60)daye formthedateotfmnl9now• : a. Ilk" asphaltcont ova ahaazLtuga.• mm Club PUD approval. The final plea p6'It(nowiderthmmtha axi hingpavemcutProvalf,rT6e9nowmwClubSubdivizion; tribution system ie adequate for mdpiired dmamia. will be basedon the following: width) WHERF.A3, the Planning and Zoning fixHaws beforeeach detailed fim.Pbtap- 7. Rentals Condominin. The Hvuein Horimntal alignmentoCHighlineHmd b. Improveexietiogditches andadvert. Comniirion,LibdtesdutioNNob0,3eriAs proval. 0JT6eCompanywil(maintab thee AuthostyorotherappxprieteT-rff-,cewillessiattheCompanyinpresallingat will at chmg c. Neceasnry pavementmarkingb. The vertical profilealffig6line Rind 5.Owl Crsek Roadd' 1979, and Ote Hmrd ofTnuteasin its ing tenni. bubble and will maintain A Ieea 50% oftherastrfctad cmdomieta bo- will oAly be realignedin thevicLityofthe The Couhpany .bat ad. be required toResolutionNob8,.9eries of19T9, duty mmimum number ofeleven (11) outdoor fpm construction: begins. In the event co- intersection. dmproveOwlCmekRmdeastoftheAnder- graAted preliminary Planned Unit Do- tenni. courts until suchtimeAs the prop- etricted condominia remain unsold upon The sew pavement section is antid• sunRandlHouelngentrydriveLtersectioIlvebpIIimtpImandsutiddrie1onplatalp- proval forthe pprojat knawnmThe3now-' aged indoor mutts Am constructed. TheCavpanystallmntinuatobPrmtearegu• mm ationoftheconstrudion.theH_ gAuthority'. may acquire the:unwld re. pated to baa 3" asphalt mat over aned asnpartofthefdSnowmen ClubPUDaggregatebanecourseovercompactedapproval. Improvemmtn tothis ofconesClubSuWivisim (encompessng ell btim l8 hole golfcourseteking into ac• etridedcamdominia attheproposed sel8rhg portico existingmbgnde, : Owl CreekRoadwiR bemissue CorfutureorportionsofParmle10,12, 13,14mdl5of. mmte6ort termdariatiominthenumber prim. Should the Housing Authority nat d. The newut%,zedian dedgo may L-. SinclairMesaorEnt VillagedevelopmentgotheammdedtomgDatridM. the TowIl oCtars avalLNemareeiilt atraquird• electtoacquiretueunib.th¢prkviousoC cludetraffeislends, mid turning. apd'umtioIIaofSnowmms.ViRage, the legal do-` saiptdanforwhurhiesalforth inSection Alterntiooa and imgaovemmts.` : i)PM ' EmployeeHomdngg Ondimnm 17, Series of1978, Exhibit 2, PadIC4(d), lame,agnagaand pavement marking. TRODUCED, READ, PASSED, Thal improvementshemO..ubjectb conditime set forth to 1X=V .The Company shall propose oQdapply. 8. Ordinance 17, Seriesof1978. ThisPUD bore shall be ADOPTEDANDORDEREDPUBLISHED sed .dsecumdbytheCompanyb ANDRECORDEDbyavdeAnresolutions; and fm review and epprav astay the Planning wit notmod'Jy ou t or obligation of PT-- of3 to2 thisthesubdiviaanimprovementagxemc ` 31stday 1980, by BoardWHEREAS, llowing nquirod notion endZoning Commissionand the Board of the Companyinx taempkry« tom- cutAfMinch, the oferentedinmnjnctionwiththeapprovalTrusteesoftheTownof'SnowmeneVillage, sad 6asring so.egmry refemL, the:. Trastess by 3epbmber 15,1900, and Sep- Ingin OrdinanceIf, Scrim oC19T8, except ofthefirstdetalledfindplatfthe Snow- Colorado. Planninngg mhd Zodng Commieaon of the tan l5¢ ashyasrthereaRertheprogmm u apedfirally noted here or As INUadter manClubSubdivisionan in1982.. Jock E Schuss, MayorTownafSnowmmeVilingeremmmmdadto.. NITrvebea approval oCthe ter thefollowingYear's restricted homivgwhethertarsalemndomideerlong-term agreedtabytheCampmyandthAB..dofT' Ngo L:' 3. FlighliIIeRaedSouth ATTES:: The Cos m shall ins ress lu hone .Barbara WiltsY Sosr,d Y P R mlu, Town Clerkplimtimaozmtaludb); The program ehall.etforth G)Althwghdetailedfid pbtapproedsP w6div)simthetheHoarwithnumber, area and mix ofunits Alongthedesireddesimd Amaamuringuntil`3980,the1980 do-s;lox:,aES CLOD, ed:Hu¢ cerrscted Rnai subdivirioII qudity.]awlandenlepriceendredalprim, to be cmh.te.t tailed Hmipl1t, din thio PUDwiR bem &.dtinttoward the1979 approval EXHIBIT B dabandPlaunedUdtDemlopmmtplanasThoSnowmanClubS%Zisk., end wRhthe Provi.ima0fperegreph (f7(41 ;:. 2. RestrictedCmd inu" =-T¢rm your:.11m ent under the term. otOnfi- PLANNED UNIT DEVELOPMENT Redsthatsuchsuhmiaaon., subject bthe mRentalUnita. Thetial restricted unitab nerve lT. 3ecinoC1978. E>:hibt 2. k) Tho grantingofapproval for this PUD LEGAL DFSCRZ.x102, . cooditims edforthhemi, inSection 9and bebuiltintheSo-ClubPUDe6etlbe shall nal. be deemedpracedent for futum 3 s LUD Su Iv33IDN anthe PlannedUnitDerdooppmmeentPlanin. corpmated ea a part hared, whichnodi- 110 unit. (esaumi.g suScieNt detsibdSmlp1. Ppro .LforUheC .t do MY development a06mi®onbywaylandownerwithinthefawnoCSnowmesVil4ge. Ali A TRACT OF LARD SZTUARE IN SECTION 6, TOWNSHIP 10 SOUTH, RANGEdamammnaentedbbythe (%emlaeY. ofib properties for unrestricted units to prunf:.-'approved by and in dd, Ordi• 85 WEST, SECTION 11, TOWNSHIP 9 SOUTH. RANGE SS WEST, SECTION 1, TOWNSHIP 10 SOUTH:, RANGE 86 xE3x. AND SECTION 11. meotalloftherequi-t*ofthePlemed keep in appxoamate baton the ratioof Ilan@apply odYLOUte property described TOWNSHIP 9 SOUTH,: RANGE 86 WEST OF THE SIXTH PRINCIPALUdtDevelopmentOrdinameoClbsTown : unrestrictedmrestrictedunitesetforth in in Section2'hwed TheBoardofTraatem MERIDIAN, PITKIH Comm, COLORADO BEING MORE PARTICULARLY o[ 9nowmu. Village:and I* town of :.Ordinance 17, Seri« of 1978, Exhibit 2, reserves 6exbptheright to modify. such DESCRIBED AS FOLLOWS; SIlowmaes'.Vltlage 9ubdiviam Regula. PuLI, D7and shell .¢rc«d"mouch Pro- Pmviaimsofthith n. the Companyortiom,mdfollowing ragnired notices end jedthe following: anyf. inthePUD mayrequnt, BEGINNING AT APOIh'T "HENCE TlIE NITNESS'CORVEA TO THE pUbtehearLgs,theBoudaflSrurtemfindathatalecorrectedaOdemendedfinalPlm• :. CountryClab Mom« 30 ClubVille,; 40 inaccordancewith lawand the0ridemocasAndreguLtiooaottheTawn:lhepmvisiom5""' NORTJ(WEST CORNER OP SECTION 6, TOWNSHIP .10 SOUTH. HANG£ 85 WEST :OF .THE SIXTH PRINCIPAL MERIDTICI: BEARS H. 89.56.59^ N- and UnitDevelopment Plea'mdSubdivi-: ViltesEast 30 oftiLOtddnanmtheiDfav(<efrue A DISTANo3F OF 470.02'. FT., SAID POINT BEING ON. ME SOUTHEASTERLY elanPlatafnfThe9nawmaesQlu6 rbdirl•' AIlderennRaarL ::10 andlhe Company: and ere eNOroh. T-nable I. RIGHT-OF-WAY OF. BRUSH CRES4: ROM: AND BEING ME SOUTHEASTERLY almma} ouith theComYpuny amb 130 aemrd.." withQRS 3973, Section 24$7• CORNER. OF MELTON RANCH. UNIT 2; THMMICE THE FOLLOWING THREECOURSES ,AL04G THE RIGHT-OF-WAY OF BRUSH CREEK HOAX, SAID' eodormanoswith the TownaCfnOwmW Vf]Iag'aMsstarPLn.thaabjectivesofpIan- 3.AnnualPace.Themtridadunitashall 106. 0) There .bell be aJoist Planning An- RIGNT-OF-NAY ALSO BEING THE EASTERLY BOUNDARY OF: MELTONRANCHUNIT2. 536.79 FT. ALONG THE ARC OF A CURVE TO THEIlealnrtdmelapm® t,thepbmedemitde-.: bedevelopedmt6efalbrriagethedde pro- nUal Barlow 0(Udntppmrad Hv6 (6)Ymr LE T. SA20 CURVE HAVING A CEZIMAL A::GLE. OF 95.26'00' ANDVelopmentavellrsit- standards, and aBotherinningTrlatiaasDotaalOectbver- - rata( a.deaaibedLOrdimncsl7, ScramOf1978. Part 1, D Exhibit 2) de- PUD by the Town of SNowmess VillageZoning A RMIUS OF 360.00 FT.: THENCE 11 23.02.00' W. A DISTANCE ither by Ne. t'NaOned VeitDeval¢pmenf of with thea0pmmt ¢funrestricted unto. Unless an and Commd.aAnend the boom of Trustees andthe Company far OF 450.00 FT. TO \POINT OF.. CURVATURE:.THENCE :326.94 FT. ALONG ARC OF A CURVE TO THc RIGHT, SAID CURVE HAVING AOrdinmmoCtheTawnof9nowmuVil- atberwi.e muhally :,med upon bV the a maximumoC30deya during UNe mouthof NSLE' Cry, NTAAL AYGL£ OF : 53.25'07•. AND A RADIUS OP 350.67: PT. TO ALge, and ni htbbe alp.Fproveveald.', To- and theCompany. thepaca 1 be: J¢lybeglmtIIHIn 1980. Theparpo.eOftha POINT OP ND CURVATURE; THENCE 314.04 FT ALONG THE ARC NOW,THEREFORE,BE1TORDAINEDbytheitmofTYUN. Of. the Town of OF A CURVE 1b TtE. RIGHT, SAID CURVE HAVING A: CVITRAL ANGLE OF:IB•37•58^ AND A RADIUS•OF 350.67 FT.r'. TP"NC- 14•.49 01'DS^ E. Be- Vi Colorado: 1980 Ville°East 1981 1982 1983 :1994 Told: A DISTANCE OF 261.50 PT. TO..A POINT OF CURVATURE; 3ectim 1 -:'that the -Acted .nal6mmded Combyy Club 9 30 - - - 309 'b 7 30' THEXCE .166.80 PT1' AIONG THE: ARC of ACURVE TO THE LEFx. SAID CURVE B,.VIUG A CENTRAL ANGLE OF 08.10'05^ AND RADIUS OFBndPlannedUnitDavdapmsIIdPLIlandBubdiviaonPLb(beingWageass ClubVhllaa 8 8 8, 8 8 40 1170.06 FT.; THENCE N. 40.51.00. E. A DISTA me 0 :114.04 PT. permlplat,thepbbforParcAI' mgNO. AndaemBorsch - 17 a- 10 m471316 ANRPOINT OFCURVATURE, THCURVE277.2HXV0ACALOIGFMMTRXLEARCCLE OOF 1, Parcelland Parml6, Ftliag"'Lf6• mit.dbyTbetinowm..Q®pmy, Ltd. for 18 .110 20.40.27• AND A RADIUS OF 768.22 FT.; THENCE N. 61'31'27" E. A DISTANCE OF .168.57 FT. TO A M14T OP CU VATUA'. M CEtheprraectktownasThe3nawmassChita404.73 FT. ALONG TIE ARC OF A CURVE TO THE LEFT. SAID CURIESubdivLian,whichenbmLsim. amm.le annual mvuwL bprovidelmerhanirm anan•uteemrnyatollbemmplat¢dbdtr HAVING'A CE\TRAti ANGLE OF 21.28'23^ AND A RADIUS O?:1079.92_F--,. whththe Town Cleuir. ate inmrpantad htr rein by this rel, co1laCUrelY tormntnuatlme eupp0rtaftheP}w.Bryofand, Lasts Pxed.ely the 100year flood limits TO A:PDINT OFEREVERSE CURVATURE- MHLCE: 546.80 FT. ALONG THAREOFACURVETOAREx08.00".ANDAas1;shibdtA and amhereby m.deepartof cont P1eNnhm morn spem8uty, b: 3. Enaarem_ntinuadmaaatm withth. 6elom each fim3 detsdled pLt AD ,[atawit6int6el00ygrH0adbaandarya¢deny 39-48 ANGLERADIUSRIGHT, SAID CURVEFT.; HAVINGTHERADIUSO: SAID 2FT. HAVING. AS. 5. 89.48'57" E. this Ordinaem. The submissions am :: policissand ol+jec .-,TtheMasterPlan: Hood cantr0l etroctursa:roquirad by:the A -ICE Or 833.51 POINT Or CURVATURE; THENCEherluHYandfimllY.PProved sulgectb 2.Amlyse dex)Opmanbutast may have Town EngiN«r .hell beceithL dedieeted 01 ARC OF A SAII- AHAVING TANDTHEHAVINGAthemoditimesetfortt.m9etion3 herein : taimplaesoverthepestyeeiinttletrittal apmapaceer AeAAemmte.ItiaHYtheT CLANGRMAL CP 07.35.42" A R DIUSADIOS OF 1466.59 FT.;., S. 82.13'16^ E. eNdsul,jedbthmeeaNditimeanthePLN. aed Ueit DevdapmmtPlAn 2; Planned fields of sad wateravailabilityas all se atmomlcandsocial mmH- recommendedthatsetba}Bmits heset30feetfrom100Year.Hopd :6WNdei'• A DISTANCE OF O A POINT OF TBENCC .321.67 FT. THE ARC TO THE LEFT,:SAZD: LEFT, SAIDVithaveoutbpmPLN. togetherwiththe hopsls n. mLb b currentend fiitam the L1Yther, noatritW_t shall m CURVE NAVING.A CE:rrRAL A:IGLE OF 19.26.10^ ANDACENTALONRAL3926'30- RADIUS: OP 461.28 FT. TO'A CUSP AT TIE INTERSECTION OF THEmm11iveddefth"Odmance,- miomthe aBadlredabduds Otdinmm,`fmatiyta PUDplammmercial And nng,tren.paFtetiaII. commercial and recraNdonal th.Bowedwith- ak«tHawammhaTownoutapprovalOftheTawIIEIIgLeer. SOUTHERLY RIGHID'-OF-HAY OF: BRUSH :CREEK ROAD AND THE WESTERLYRIGHT -OF -NAYthetoningforthepropertydescribedfadifcommunityameeiti«,fm mer:. P)AIlmaxtYctianinth. PUUDD planoma OF HIGHLINE ROM; THENCE ALONG A CURVE. CONCAVE xo T71e: SOUTHEAST,:. WHENCE. TIM CHORD BEARS : S. 16.32.09^ W. A, therein. : Seddon 2.lhelegal descriptionofPLn- : katamidmtialuIlitmeandBut mdOthm. alemmbeeaentialtatheenaeasofthepro- ehaltbeundextakminc En.' withalammmmand.UOm dtha'i• DISTANCE OF 117.92 FT... SAID CURVE HAVING A: CENTRAL MGLE OF05.03.09•, AN AMC OF 117.96: FT ANO -A RADIUS OF 1337.68 FT.; ped Unit.DevelopmeAt panels and The . intforthemutual benefit oCbothpatties: mL•DOVmeBoilStudy. the CLycamb Food Pbdn jWE ICC s. 14.00.35• W.:A DTST- OF 273.61 r-. TO A POINTOrImeYClubSubdivisionamasfollow.: : 3• QomidarspeccificImgmm ga modN- 9phdy ®dPxBmimiyDralmge3tldyand RIOT -OF -NAY OF :OWL CREEK ED-: THENCE 21. 88.11'47^.W. Sea $hibitB tunesto.ths DO ad bym bnla of the recommendationsof Eldorado ED- A DISTANCE OF 1159.96 FT... TO A POINT OF CURVATURE; THENCEflection3: Conditions. aha PbndngandZoningCommindm and attached heretomEssibitC.. 6,.21 F1' ALCNG TIE ARC OF A CURVE TO THE RIGHT. SAIDCURVENAVINGp)Rmdwsyanstractim w10anfhesub- division 06aRbe in accordance with Town, ' the COmpenY•PmPasedcbsIl.. taLhL«nomtbmga. aP' proval8x {6)yaarPUDr«uiting4omthe q)ThoCompanyshallme.trudtemPeT• wryail•de-.amwf$dmtiatinand mate- A.. CENTRAL ANGLE OF :15.27'11^:MDA RADIUSOF223.24 FT.;:.TNE4CE N. .72'44'36" W. A DISTANCE OF t "a•^i• b)Tbe781odgermmapraPesedasapeK Lint Plmnieg Annual Review .hell bedmutuallyeemptedbythePLneingsad rial toaccommodateemergencyvehiclesindtiammwbearaad. eretemporerilydeed 122.08:. FT. TO APOINT OF CURVATURE-, THENCE 199.84 FT. ALOSG: THE ARC OF: ACURVE TO THE LEFT,. SAID CURVE HAVI:NG A CENTRAL MLLE 51.03'71^ ofare dub6lVl sbaDba egdvalentb ZmNgQommbaen,theBoardo ended. '. :. :: OF AND A NtADNS OF 22:.25 FT.; THENCE S. 56'11'48^ W. A DISTANCE OF. 82.4030.413nrmltldOdmNdvminia Nnib Ydtr mdtkeQ®pin=;=.dmnf ally. r)Th. Qomp,.yanllas iatthaTownin F1'. TO A POIENTOFCURVATURE;. THENCE 138.93 FT :AIAN:G THE NtC OF A CUAV£ finadlnOrdinsnco39,Saanof3B78.Cook- agmedtabyt6e ¢lkustees determidrig t6a ownanhip end s4ha of TO: THE RICItT..3AID CURVE HAVING A CENTRAL RMILE OFingbd]itiaofmykind within Individual shall be formally Processedin accordance dedicatimolthmaLndaoatbe perimebrof 72.41'OS' AND A RADIUS OF .109.52: FT ; S!1ElCE 4,.51.07 07" W. O®aal0tabea6selntely probibdted. Bub- 'withjeertonmtPliancaSYhdiVLim aha relevant ordimnoes and ragda•' tiomdiheTowneen03cidmodifieatiecto the gross panel plat required for an A DISTA:tCE.O? 239.47 FT. TO APOZ N, OF CURVATURE; THENCE231.78 FT ALONG :THEwiththe egul.tims+aC Cha Town, the con- the PUD. : n eQ.to right of way far Brush CreakRWO ARC OF A CURVE TO THE LEFT. SAID CUAVENAVL`NC:A CEVTRALANGL OF 45.55'47' AND A RMIUS OF 264.19 dominiumiastianofutas lodge L.ppenlad. m)ThemLheraby grantedthroughDe.. Hjal)jneHaada ORICmkHoed and aha mmeyb the(Tawn m..]and F7THENCES82.57•06'N.A. DISTANCE OF: 505.37FT.;. TNE:ICE Adepubproviumssb.11 lesmala by theQOmPm'Y to aasms tat t1a prahlbtian c®be[31. 1964,meztemim of the time' regmremenL ter prmmtmg ta the Town y ownadbytheCompmywithdnaurhrightof ame.whti )algal desrnPtiOos 3. 09.39 00' E. A DISTANCE OF 10.04 FT. TO 'A POSST ON THENORTBERL- RIGHT-OF-WAY or CWL CREEK ED. AS DESCRIBED IN ECO% 302, ,AT PAG: 233 OF THE PITKIH COUNTY REORDS- against .%malting fuilitise tin h en- forced and that lodge rocas, will detailedlmalppUfalosthe9noRmaasCln6: 9n6diviaan.lhnPUDordinaNmshallcm-. andproa{o(awnara6iP, THENCE ALONGSAIDNORTREALYATHT -Or -WAY S. 90 -21100 -CW. A DISTANCE OFiaauiN available ter two week. -.I.= oom- statim. thexedNg fm tfe 9nawmer Club. e) fn ofd¢ to mitigatesthe potential Ad. Vein the 275.21. FT. TO A POINT OF NAYATUE;;:THENCE 14447 FT. ALONG paMy.Axm withinsitesoutletsesaprap• Subdiviuoa DetailedHnalpLfe,ialuding. effasb of mep0sed tmatmdimedividy,tbeeApplimntaheHnothavemom THE .VTC OP A CoTHE .LEFT, SAID CURVE HAVING A CENTRALemuOF06.57'00': AND A RADIUS OF 1190.97eerlylimetianesalodgroomshallhedtr : rad dedications and. subdivision ins•' thou171 Am to (oatdo Adi seasenaf rtrng FT.. TH NCE5.:.73.24 00' W. A DISTANCE OF. 65.97 FT. TO A POINT OF CURVA- finedm suit and to the esbat the this praenmentagreements, shallbesubmitted trialed nib) initsappfwed subdivisions TUBE; THENCE 370.68 FT. ALONG THE ARC OF A CURVE TO THE LFT, defimtim affectsthe tabumom mant..n end.PP-ad bythe TOR, As Provided I. Undermostructonat anypastime, Unless SAID CURVE HAVING CENTRAL: ANGLE OF 27.54'00" AND A RADIUSadjuetmantesaBbemad..:A unitrerage sirs shall be 4b0 squaw bet. If We theSubdivision tLnapriortatheit' of agreaternnmberbappraeed bylheHmrd OF 761.23 FT.;': THENCE S. :45.30'00" N.:A DISTANCE OF 142.44 FTTOAPOINTLmiCengei@ovar46o.gaaTef«t,fhsarnrege manes a1yP1 permlL• FLrthet, deLllnd 8iial pleb and conseprmty the td'Tnista«: An iOtreasealdl be allowedmlyfffheratioof130Um'tltttetedUniLto Or^. CURVATURE- THENCE 367.33 PT. AL0.YG Tf1EABC:. OF.A CURVETHE RIGHT, SAID. CURVE HAVING A CEICTIW. wlll be aamtadprontatowardtheWombat subdivisioudmpre-tag-t.,pub:. 31restrictedunits ismaintained. Anyunits M ANGLEOP 14.17'00" AND A RADIUS OF 671.24 FT.; THCMCEdumbauthorimdunderthetermsofOr• Hededications and related doahmentatian beingmnatruded fn the West Vi1L Eagal- S. 59.47 00' N.: A DISTANCE OF 174.30 FT.: TO A POINT OFCURVATIiRE;. dimace l7, Series of 1978. :shellbenu6mittedeun mgbexpproved in10 pardonehaR betakenintoe 21T. dtr THENCE 290.71 IT. ALONG THE ARC OF A CURVE TOTHERIG4T, SAID07heaverageunitsizefmthe170unra- ese., bat thnmmpletim ofthe' bxmumag:.the abov.lind atm. For'the CURVC: tLAVING:A C£GTNLAL ANGLE OF 28°09'12" OF 20.0A,D A'RMZUS 0.591.64 ": bitted condominis nib Lot includingthetoroom.) shall 1800 mnetuctionofnmpuWieimprovementefor purpose ofthLparagrap)y s unit .hall6ea:td FT.; THE!C 5 97•GLE oD- ICE o 111.21 .F TO A POINT ov x no:: TA, cENW. T CURVE, mt,ezeaadagUaraff«rendtl¢IItMragOnnmbnrMbed- mep6a«ia notapmcooditimforth. sold' minionsad approvalOCa t6n Rett comdered eampl..e thentom'not ..SAID der POINT .8-Z.:G 0:! TH ATFoRLN: RIGHT-OF-WAY OF OCL rooms s6allnotezmed 2b per unit. Th¢ :phase. plat( My: trete downership of lead: Un crostructoe S certified to bei0% completed bytheprrdectarchitect :: CiEEX. ROAD AS O:N ::tEADOC R`u`ICH PLAT:.NNE.^:CE 88.44 FT. ALONGTINEARCOF. SAIDexiageerefmbAeofpazhoularunit ': typss anal ot Ua fmtages mthin the owmer CIuhPUD Ber ta' detailed t) Tho Companq shall submit to the i:O4-TAGGEGT CURVL: HAVING A CE:TTRAL ANGLEO .05.54'06' AYD A RADIUS OF 850.61 FT.; THENCE CONTZ:iU2NNGexmeisquare ; forth forparticularpnreel.anthePUD fimI pLtePWoval eh.0he mIldi-. tionalouthei:ampan.iadividudGenern( Townforib fires mpiaof ell ngmmentswithatilitycompnni«far"utilityextamdou ALONG TIE NOR, NERLY RIGHT-OF-WAY.:O OWL CREEK ROAD As RE - CORDED. mBOOK 229 OF TN-PITRI:! COUNTYPartIIen'tetainug theobRgati- l the'. dthetimeotdetailedfmalpLtsubmisedou 302,PAc :'RECORDS, THE FOLLO f2N COURSES 84'23 00 W. ADISTANCE :O" d)Asaoanaspmaibl*,but aolaterthan We Hret PLnNdng Annual Review : fjigoftLedeLRedBmlpLtfor earlpar-' arm econ:thereaReraseuch agreemmb 5 86. FT. TH CE .219 9 . :,LONG H ARC OF ALURVE TOTHESAIDTOiNt p¢ri0d (seeparagraph (1)herenOrUte Cam- agemumnbfertheowIlerandpmdofsem.: LOt64TownPlanar. ammtemdinto T, CURVE HA.I.NG A CENTRAL LGL' 0 7.10.00^ AD A RADIUS O T Bc^. CE Party shall submit to the Town Planner tu)aRleaddotted try u)TbaQompmyahellYndnrtaketbefol- 461-91 S 60. 7.00. ,i. ANCEDIS )NCE O 91 34.:F : TO A POZNT maps and other relevant data cmmrdngfheCampm3+a obligatLa b dedicate 9(1% : AT required A, dinsnca bbopnwb open spam ahnil be; maLtainet6y the Qompmy er mnenm. lowingraadfmprovameniattvitmwithintheinilmemandatmrdintachegapeo8 O! H SOUTHEASTERLYOTY510': ASS .II_DCAT IR- PROTECTION DISTRICTFI _ STATICN TH ;CC T I_ FOLLOWING : ALONG SAID hopeload. LCOmerraiim roue di.tatb. :MemeOwnersAssodatimh.: rationsset forthbelow: 1• : RoadNorth COURSESEOE !DART: tt O6 45' 00 J A DISTA'CE OF 120.00 TbeTowehambywaivesdedicatimdtose o)Priortedtingofindividual buRdiap,': TheecommaPanydaRComtsudOelaRaw MENOCE:S. 83 35 OD".W A DISTANCE OF 189.00 FT.;THENCE: S.06••15'00 A D_5 A..C- 0- 133.99 FT. TO A POINT ON TBE