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DRB120125
7[WffVA1 Project Name: DANTAS NEW DUPLEX Project Description: Participants: Design Review Board ACTION FORM Dopar bnent of Community Development 75 South Fro rrtiage load, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com RE- APPROVAL OF PRJ07 -0594 (NEW DUPLEX). OWNER DANTAS BUILDERS INC 04/24/2012 1936 W GORE CREEK DR VAIL CO 81657 APPLICANT DANTAS BUILDERS INC 04/24/2012 1936 W GORE CREEK DR VAIL CO 81657 Project Address: 2851 BASINGDALE BLVD VAIL Location: DRB Number: DRB120125 Legal Description: Lot: 4 Block: 8 Subdivision: VAIL INTERMOUNTAIN DEV S Parcel Number: 2103 - 143 - 1002 -0 Comments: See conditions BOARD /STAFF ACTION Motion By: Gillette Action: APPROVED Second By: Maio Vote: 5 -0 -0 Date of Approval: 05/02/2012 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12 -3 -3: APPEALS. Cond:202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner: Warren Campbell DRB Fee Paid: $650.00 Department of Community Development 75 South Frontage Road TOWN OF VAIL' Vail, CO 81657 Tel: 970 - 479 -2128 www.vailgov.com Development Review Coordinator Application for Design Review New Construction General Information: This application is for all new construction. Applicable Vail Town Code sections can be found at www.vailgov.com under Vail Information — Town Code Online. All projects requiring design review must receive approv- al prior to submitting a building permit application. An application for Design Review cannot be accepted until all re- quired information is received by the Community Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and /or the Planning and Environmental Commission. Design review approval expires one year from the date of approval, unless a building p n commences. D Fee: $65 APR 2 4 2012 wU 941.1-7 �/ TOWN OF VAIL Single Family !` Duplex } Multi- Family Commercial Description of the Request: Re - r4"myc l PRCr(>-7 - 0S1 Y Physical Address: 0 Parcel Number: ; M0, Property Owner: Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Mailing Address:/!? 42 Phone: Owner's Signature: A*44q� e — Primary Contact/ Owner Representative: 4i , ri1 C-e f / Mailing Address: l 3� 'C/. ��� G - 4 Phone: 712 - 3 E -Mail: ,p Fax: For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # Fee Paid: -/+(0 nn Received From: /VIiGNaG I JJaAfk Meeting Date: �' or' DRB No.: Planner: G Project No: r ��' � Zoning Location of the Proposal Lot: Ll Block: [7 • ca Land Use: Subdivision: VAIL 04 eLOj?MCaUT- PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS dated April 27, 2012, by and between First - Citizens Bank & Trust Company, a North Carolina chartered commercial bank, as Seller, and Peter Knobel, as Buyer DEN - 29915 -1 I TABLE OF CONTENTS Page 1. Purchase and Sale .................................................................................. ..............................1 1.1 Land ........................................................................................... ..............................1 1.2 Easements .................................................................................. ..............................1 1.3 Rights and Appurtenances ......................................................... ..............................1 1.4 Improvements ............................................................................ ..............................1 1.5 Tangible Personal Property ........................................................ ..............................2 1.6 Contracts .................................................................................... ..............................2 1.7 Intangible Propert y ..................................................................... ..............................2 2. Purchase Price ........................................................................................ ..............................2 2.1 Deposit ....................................................................................... ..............................2 2.2 Closing Funds ............................................................................ ..............................2 3. Condition of Property ............................................................................ ..............................3 3.1 "As -Is" Purchase and Sale ......................................................... ..............................3 4. Condition of Title ................................................................................... ..............................3 4.1 Title Insurance ........................................................................... ..............................3 4.2 Possession .................................................................................. ..............................3 5. Approval or Disapproval of Title Report: Inspections .......................... ..............................4 5.1 Review of Title Report ............................................................... ..............................4 5.2 Approval or Disapproval of Title Report ................................... ..............................4 5.3 Buyer's Review and Inspection of the Propert y ........................ ..............................4 5.4 Buyer's Approval ....................................................................... ..............................5 5.5 Disclaimer .................................................................................. ..............................5 5.6 BUYER'S WAIVER AND RELEASE ..................................... ..............................9 6. Buyer's Right of Entry and Inspection ............... 7. Escrow ......................................... ............................... 7.1 Definitions ....................... ............................... 7.2 Opening of Escrow ......... ............................... 7.3 Closing Date .................... ............................... 7.4 Deliveries Through Escrow ........................... 7.5 Prorations and Charges ... ............................... 7 6 Closin .........11 g.................................................................................. ............................... 7.7 Conditions to Close of Escrow ............................................. ............................... .12 .12 .12 .13 .13 .14 .14 .15 8. Representations and Warranties and Covenants ................................... .............................16 8.1 Seller's Representations and Warranties .................................. .............................16 8.2 Buver's Representations and Warranties .................................. .............................16 9. Risk of Loss .......................................................................................... .............................17 9.1 Condemnation ........................................................................... .............................17 9.2 Casual ..................................................................................... .............................17 DEN - 29915 -1 Y 10. Indemnification ..................................................................................... .............................18 10.1 Buyer's IndemnitX .................................................................... .............................18 10.2 Generally ................................................................................... .............................18 10.3 Definition .................................................................................. .............................19 11. Events of Default .................................................................................. .............................19 12. Remedies ............................................................................................... .............................19 12.1 Liquidated Damages ................................................................. .............................19 12.2 Seller Default; Limitation of Remedies .................................... .............................20 13. Brokers .................................................................................................. .............................20 14. Miscellaneous ....................................................................................... .............................21 14.1 Notices ...................................................................................... .............................21 14.2 Entire Agreement ..................:................................................... .............................22 14.3 Successors and Assigns ............................................................. .............................22 14.4 Headings ................................................................................... .............................23 14.5 Time .......................................................................................... .............................23 14.6 Governing Law ......................................................................... .............................23 14.7 Counterparts .............................................................................. .............................23 14.8 Neutral Interpretation ................................................................ .............................23 14.9 Attorneys' Fees and Costs ........................................................ .............................23 14.10 Joint and Several Obli atg ions ................................................... .............................23 14.11 Severability ............................................................................... .............................24 14.12 No Waiver ................................................................................. .............................24 14.13 Relationship of Parties .............................................................. .............................24 14.14 No Third Parties Benefited ....................................................... .............................24 14.15 Duty of Cooperation ................................................................. .............................24 14.16 Confidentiality .......................................................................... .............................24 14.17 No Recording ............................................................................ .............................25 14.18 Actual Knowledge .................................................................... .............................25 14.19 WAIVER OF RIGHT TO TRIAL BY JURY; JUDICIAL REFERENCE IN THE EVENT OF JURY TRIAL WAIVER UNENFORCEABILITY .............25 EXHIBIT A LEGAL DESCRIPTION .............................................................. .............................29 EXHIBIT B APPROVAL NOTICE ................................................................. .............................30 EXHIBIT C BARGAIN AND SALE DEED ................................................... .............................32 EXHIBIT D BILL OF SALE, ASSIGNMENT, AND ASSUMPTION AGREEMENT ..............36 EXHIBIT E CERTIFICATE OF NONFOREIGN STATUS ........................... .............................41 DEN - 29915 -1 M PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement ") is made and entered into this 27th day of April, 2012 ( "Effective Date "), by and between PETER KNOBEL, individually ( "Buyer "), on the one hand, and FIRST - CITIZENS BANK & TRUST COMPANY, a North Carolina chartered commercial bank ( "Seller "), on the other hand, with respect to the following facts: A. Colorado Capital Bank is the grantee under that certain Warranty Deed (In Lieu of Foreclosure) dated May 19, 2011, and recorded on May 20, 2011, as Document No. 201109041 of the Official Records of County of Eagle, Colorado ( "Deed in Lieu "). The Deed in Lieu describes certain real property, which real property is commonly known as 2851 Basingdale, Boulevard, Vail, Colorado 81657, and which real property is specifically described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter sometimes referred to as the "Real Property "). The Real Property is located in the Town of Vail, County of Eagle, State of Colorado. B. The Real Property was conveyed to Seller by that certain Receiver's Deed from the Federal Deposit Insurance Corporation, as Receiver for Colorado Capital Bank, dated October 31, 2011, and recorded on October 31, 2011, as Document No. in 201120311 the Official Records of County of Eagle, Colorado. C. Buyer desires to purchase all of Seller's right, title, and interest in and to the Property (hereinafter defined), and has offered to purchase the Property as evidenced by this Agreement, upon and subject to the covenants, terms, and conditions contained in this Agreement. NOW THEREFORE, FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purchase and Sale. Upon and subject to the covenants and conditions hereinafter provided, and all exceptions, exclusions, and reservations hereunder, Seller hereby agrees to sell, convey, and transfer to Buyer, and Buyer agrees to purchase, acquire, and accept from Seller, any and all of Seller's right, title, and interest in and to the following described property (hereinafter collectively called the " Propert y"): 1.1 Land. All that certain land (the "Land ") located in the County of Eagle, State of Colorado, comprising the Real Property described on Exhibit A, attached hereto and made a part hereof. 1.2 Easements. All easements, if any, benefiting the Land or the Improvements (as hereinafter defined). 1.3 Rights and Appurtenances. All rights and appurtenances pertaining to the Land, including any right, title, and interest of Seller in and to adjacent streets, alleys, or rights - of -way. 1 DEN-29915-1 1.4 Improvements. All improvements and related amenities (the "Improvements ") in and on the Land, if any. 1.5 Tangible Personal Property. All appliances, fixtures, office, parking, security, and other equipment, machinery, furniture, carpet, drapes, and other personal property, if any, located on or about the Land and the Improvements (if any). 1.6 Contracts. To the extent in possession of Seller or its agents, all contracts pertaining to the Property, including, without limitation, management contracts, service contracts, equipment leases, and maintenance contracts (if any). Buyer shall only assume responsibility for those contracts set forth in Schedule 1, attached hereto and made a part hereof. 1.7 Intangible Property. To the extent assignable without the consent of third parties, all intangible property (the "Intangible Prove "), if any, owned by Seller and pertaining to the Land, the Improvements, or the Tangible Personal Property including, without limitation, transferable utility contracts, transferable telephone exchange numbers, plans and specifications, engineering plans and studies, warranties, entitlements and government approvals, floor plans, landscape plans, licenses, trade names, permits, franchises, and license agreements. 2. Purchase Price. The purchase price for the Property shall be Three Hundred Fifty Thousand and No /100 Dollars ($350,000.00) (the "Purchase Price "), subject to such additional sums as shall be required to be paid by Buyer as Buyer's Closing Funds (hereinafter defined); and the Purchase Price shall be payable by Buyer to Seller through Escrow (hereinafter defined) as follows: 2.1 Deposit. Upon full execution and delivery of this Agreement, Buyer shall deposit with Escrow Agent (as hereinafter defined) the sum of Ten Thousand and No/ 100 Dollars ($10,000.00) (the "Deposit "), in immediately available federal funds. The Deposit shall be invested by Escrow Agent in an interest - bearing account(s) as designated by Buyer immediately upon Escrow Agent's receipt of the same. Immediately following the delivery of the Approval Notice (as hereinafter defined) by Buyer, the Deposit shall be deemed earned by Seller and non - refundable to Buyer and Escrow Agent shall release to Seller all of the Deposit then being held by Escrow Agent, together with any and all interest thereon, without further instructions, consent, or approval from Buyer. The Deposit released to Seller shall be applicable to the Purchase Price at the Closing (as hereinafter defined). 2.2 Closing Funds. unds. Buyer shall deposit, or cause to be deposited, with Escrow Agent, by confirmed wire transfer of funds to a deposit account designated by Escrow Agent for its use in connection with this Agreement, the remaining balance of the Purchase Price, together with Escrow Agent's estimate of Buyer's share of closing costs, prorations, adjustments, and charges payable by Buyer pursuant to this Agreement and pursuant to the Escrow Instructions (hereinafter defined) (all such additional required deposits by Buyer with Escrow Agent are sometimes referred to in this Agreement as "Buyer's Closing Funds "). Buyer's Closing Funds shall be deposited with Escrow Agent at least two (2) full Business Days prior to the Closing Date (hereinafter defined), or such earlier date as Escrow Agent shall require in order to satisfy all conditions to the Close of Escrow (hereinafter defined) on or before the Closing Date as herein provided. 3. Condition of Property. 2 DEN - 29915 -1 3.1 "As -Is" Purchase and Sale. Buyer agrees that Buyer will purchase and accept the Property in its condition as of Closing, and all Property is and shall be transferred by Seller to Buyer in an "AS IS, WHERE IS, WITH ALL FAULTS, LIABILITIES, DEFICIENCIES, AND DEFECTS, LATENT OR OTHERWISE, KNOWN OR UNKNOWN" condition, whatever that condition may be. Buyer acknowledges and agrees that Seller makes no representation, warranty, covenant, or agreement regarding the condition of the Property as of the date hereof, or as of the date of Closing, and Buyer hereby assumes the full risk of loss, damage, injury, expense, or liability whatsoever relating to the physical condition of the Property. Buyer acknowledges and agrees that on or before the conclusion of the Due Diligence Period (as herein defined), Buyer shall have made such inspections as it requires, and shall have satisfied itself regarding all matters relating to the condition of the Property, and the feasibility, utility, and marketability of the Property for any purpose. Buyer further acknowledges that Seller has made no representation or warranty, express or implied, regarding any release or the presence of any Hazardous Materials (as hereinafter defined), waste, or other similar substance upon, within, about, or under the surface of the Real Property. Except as otherwise provided in this Agreement, Buyer further assumes all risk of loss, damage, expense, and liability whatsoever in connection with the Property (or any portion thereof) from and after the Closing, and Seller shall not be liable for any lack of repair, maintenance, or improvements to the Real Property. 4. Condition of Title. 4.1 Title Insurance. Within five (5) Business Days following the date Escrow is opened, Seller shall request that Fidelity National Title Company ( "Title Company ') deliver to Buyer a reasonably current preliminary title report and all underlying documents referenced therein (the "Title Report') concerning the Real Property. Within seventeen (17) calendar days after mutual execution of this Agreement ( "Title Review Period "), Buyer shall have investigated, inspected, and reviewed the title condition of the Property and provided to Seller any written objections to the title condition of the Property, except for standard exclusions and exceptions contained in the Title Report, as more specifically provided in Sections 5.1 and 5.2 of this Agreement. Except as otherwise expressly provided herein, Seller makes no warranty, express or implied, regarding Seller's title to, any security interests in, or liens upon, or physical condition of, any of the Property. The exceptions, exclusions, and reservations expressly provided in this Agreement shall not constitute matters which are subject to Buyer's approval or waiver under this Agreement. 4.2 Possession. Except for Buyer's limited right of access to the Real Property as provided in Section 6 below, possession of the Real Property shall be delivered to Buyer immediately following the Close of Escrow, subject to any and all possessory interests thereon as of the date hereof. Approval or Disapproval of Title Report; Inspections. 5.1 Review of Title Report. Buyer shall conduct such review, inspection, investigation, and due diligence concerning the title condition of the Property as Buyer determines is appropriate, and Buyer shall be solely responsible for any and all costs incurred with respect thereto, including, without limitation, the costs incurred in connection with any ALTA /ACSM survey that Buyer may, in its election, obtain for the Property. 3 DEN - 29915 -1 5.2 Approval or Disapproval of Title Report. If Buyer disapproves of any matter with respect to the title condition of the Property during the Title Review Period, Buyer shall deliver to Seller and Escrow Agent, on or before the last day of the Title Review Period, written notice of such disapproval, setting forth each disapproved exception or other matter in reasonable detail ("Title Report Disapproval Notice "), except for standard exclusions and exceptions set forth in the Title Report, which may not be disapproved by Buyer. If Buyer so timely delivers a Title Report Disapproval Notice, Seller shall have seven (7) calendar days following receipt of such Title Report Disapproval Notice to advise Buyer if Seller, in its sole discretion, elects to cure such disapproved exceptions or other matters prior to the Closing. If Seller is unwilling to cure, or if Seller fails to notify Buyer that it will cure, the matters set forth in the Title Report Disapproval Notice, Buyer may elect to terminate this Agreement pursuant to Section 5.4 below, or waive Buyer's disapproval of the matters set forth in the Title Report Disapproval Notice and proceed with the Closing. Buyer's failure to timely deliver such Title Report Disapproval Notice, or the election of the Buyer to proceed with the Closing following the Due Diligence Period (as herein defined), shall be deemed to be Buyer's approval of the Title Report and the title condition of the Property in its entirety. 5.3 Buyer's Review and Inspection of the Property. Within thirty (30) calendar days of mutual execution of this Agreement ( "Due Diligence Period "), Buyer shall have obtained, reviewed, inspected, investigated, (or shall have chosen not to obtain, review, inspect, or investigate) and approved, among other things, (a) the legal description of the Property, (b) all reports of investigations of the Property, including such soil, environmental, geological and engineering tests and reports, and other inspections of the Property as Buyer has deemed necessary in order to determine whether the Property is suitable, feasible, marketable, profitable and financially viable for Buyer's intended use, (c) all legal, land use, and similar matters with respect to the Property, including, without limitation, zoning requirements, federal, state, and local laws, ordinances, rules, regulations, permits, licenses, approvals, and orders applicable to the Property, (d) all cost studies, bids, proposals, and/or agreements relating to the completed, and to be completed, improvements to the Property, (e) list and complete copies of all licenses, permits, maps, and covenants, conditions, and restrictions affecting the Property, including but not limited to, any parcel map for the Property, and any condominium declaration and/or bylaws, (f) comprehensive land use plan for the Property and/or commercial subdivision in which the Property is located, if any, and (g) documentation, invoices, statements, and other relevant information pertaining to any commercial /land owner's association(s) and/or common area maintenance agreements (all of the foregoing shall at times hereinafter be referred to as the "Due Diligence Materials "). If, on the basis of the review and the inspection described in this Section 5.3, or for any other reason whatsoever, Buyer determines that the Property is not suitable for Buyer's intended use, then on or before the expiration of the Due Diligence Period, Buyer may terminate this Agreement in accordance with Section 5.4 below. 5.4 Buyer's Approval. If Buyer approves the Due Diligence Materials, Buyer shall deliver to Seller and Escrow Agent, on or before the last day of the Due Diligence Period, a written notice in form and content attached as Exhibit B hereto providing, in pertinent part, that Buyer has approved all aspects of the Property and that Buyer is unequivocally and irrevocably committed to purchasing the Property on the terms and conditions set forth in this Agreement ( "Approval Notice "). Upon delivery of the Approval Notice by Buyer, the entire amount of the Deposit shall be released to Seller by Escrow Agent and shall become non - refundable to Buyer, 4 DEN - 29915 -1 as provided in Section 2.1. If Buyer fails to deliver the Approval Notice to Seller prior to the expiration of the Due Diligence Period, as set forth above, or if during the Due Diligence Period, Buyer earlier delivers to Seller a written notice terminating this Agreement, then Buyer shall be deemed to have disapproved of the Due Diligence Materials, and (a) this Agreement shall terminate, and neither party shall have any further liability to the other hereunder, except for those obligations of Buyer which specifically state they shall survive such termination, (b) the Deposit shall be immediately refunded to Buyer by Escrow Agent, less any and all Escrow and Title Company cancellation charges, which shall be the sole responsibility of Buyer, (c) Buyer shall not be entitled to any other reimbursements or compensation from Seller, and (d) upon written request by Seller, Buyer shall deliver to Seller all information, materials, reports, data, and other Due Diligence Materials that Buyer and /or Buyer's agents, consultants, or employees discover, obtain, or generate in connection with, or resulting from, Buyer's inspection and investigation of the Property; provided, however, Buyer shall not be obligated to provide Seller with attorney - client correspondence, memoranda, and other attorney - client privileged documents and attorney work - product. 5.5 Disclaimer. (a) BUYER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS, ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, (A) THE VALUE, NATURE, QUALITY, OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL, AND GEOLOGY OF OR BELOW THE SURFACE OF THE PROPERTY, (B) ANY INCOME BEING, OR THAT MAY BE, DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER OR ANY TENANT MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY (BUYER AFFIRMING THAT BUYER HAS NOT RELIED ON SELLER'S SKILL OR JUDGMENT TO SELECT OR FURNISH THE PROPERTY FOR ANY PARTICULAR PURPOSE, AND THAT SELLER MAKES NO WARRANTY THAT THE PROPERTY IS FIT FOR ANY PARTICULAR PURPOSE), (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, INCLUDING ANY IMPROVEMENTS THERETO, (G) THE MANNER, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY PATENT OR LATENT DEFECTS OR DEFICIENCIES WITH RESPECT TO THE PROPERTY, (H) COMPLIANCE WITH ANY ENVIRONMENTAL REQUIREMENTS (DEFINED BELOW), ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR OTHER REQUIREMENTS, INCLUDING THE EXISTENCE IN, ON, UNDER, ABOUT, OR IN THE VICINITY OF THE PROPERTY OF HAZARDOUS MATERIALS (DEFINED BELOW), (1) ZONING TO WHICH THE PROPERTY, OR ANY PORTION THEREOF MAY BE SUBJECT, (J) THE AVAILABILITY OF ANY UTILITIES 5 DEN - 29915 -1 TO THE PROPERTY OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, WATER, SEWAGE, GAS, AND ELECTRICITY, (K) USAGES OF ANY ADJOINING PROPERTY, (L) ACCESS TO, AND EASEMENTS AND RIGHTS OF WAY WHICH ARE A BURDEN UPON OR WHICH BENEFIT, THE PROPERTY OR ANY PORTION THEREOF, (M) THE VALUE, COMPLIANCE WITH THE PLANS AND SPECIFICATIONS, SIZE, LOCATION, AGE, USE, DESIGN, QUALITY, DESCRIPTION, DURABILITY, STRUCTURAL INTEGRITY, OPERATION, TITLE TO, OR PHYSICAL OR FINANCIAL CONDITION OF THE PROPERTY OR ANY PORTION THEREOF, OR ANY INCOME, EXPENSES, CHARGES, LIENS, ENCUMBRANCES, RIGHTS, OR CLAIMS ON OR AFFECTING OR PERTAINING TO THE PROPERTY OR ANY PART THEREOF, (N) THE CONDITION OR USE OF THE PROPERTY OR COMPLIANCE OF THE PROPERTY WITH ANY OR ALL PAST, PRESENT, OR FUTURE FEDERAL, STATE, OR LOCAL ORDINANCES, RULES, REGULATIONS, OR LAWS, BUILDING, FIRE, OR ZONING ORDINANCES, CODES, OR OTHER SIMILAR LAWS, (0) THE EXISTENCE OR NON - EXISTENCE OF UNDERGROUND STORAGE TANKS UPON OR BENEATH THE SURFACE OF THE PROPERTY, (P) ANY OTHER MATTER AFFECTING THE STABILITY OR INTEGRITY OF THE PROPERTY, (Q) THE POTENTIAL FOR FURTHER DEVELOPMENT OF THE PROPERTY, (R) THE EXISTENCE OF VESTED LAND USE, ZONING, OR BUILDING ENTITLEMENTS AFFECTING THE PROPERTY, OR (S) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY. (b) ADDITIONALLY, BUYER ACKNOWLEDGES AND AGREES THAT NO PERSON ACTING ON BEHALF OF SELLER IS AUTHORIZED TO MAKE, AND, BY EXECUTION HEREOF, BUYER ACKNOWLEDGES THAT NO PERSON HAS MADE, ANY REPRESENTATION, AGREEMENT, STATEMENT, WARRANTY, GUARANTY, OR PROMISE REGARDING THE PROPERTY OR THE TRANSACTION CONTEMPLATED HEREIN, AND NO SUCH REPRESENTATION, WARRANTY, AGREEMENT, GUARANTY, STATEMENT, OR PROMISE, IF ANY, MADE BY ANY PERSON ACTING ON BEHALF OF SELLER SHALL BE VALID OR BINDING UPON SELLER UNLESS EXPRESSLY SET FORTH HEREIN. (c) BUYER FURTHER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN OR SHALL BE GIVEN THE OPPORTUNITY TO INSPECT, INVESTIGATE, AND REVIEW ALL ASPECTS OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL PHYSICAL, ENVIRONMENTAL, TITLE, LEGAL, ENTITLEMENT STATUS, MARKETABILITY, AND FINANCIAL ASPECTS OF THE PROPERTY, AND BUYER IS RELYING SOLELY ON ITS OWN INSPECTION, INVESTIGATION, AND REVIEW OF THE PROPERTY, AND NOT UPON -ANY INFORMATION PROVIDED, OR TO BE PROVIDED, BY SELLER, AND AGREES TO ACCEPT THE PROPERTY AT CLOSING AND WAIVE ALL OBJECTIONS OR CLAIMS AGAINST SELLER (INCLUDING, BUT NOT LIMITED TO, ANY RIGHT OR CLAIM OF CONTRIBUTION) ARISING FROM OR RELATED TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY HAZARDOUS MATERIALS ON THE PROPERTY. (d) BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED, OR TO BE PROVIDED, WITH RESPECT TO THE PROPERTY BY SELLER WAS OBTAINED FROM A VARIETY OF SOURCES, AND SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION 6 DEN-29915-1 OF SUCH INFORMATION. ACCORDINGLY, SELLER MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AS TO THE ACCURACY, TRUTHFULNESS, OR COMPLETENESS OF SUCH INFORMATION, WHICH INCLUDES, WITHOUT LIMITATION, ALL VERBAL AND WRITTEN COMMUNICATIONS, AGREEMENTS, INSTRUMENTS, DOCUMENTS, REPORTS, AND OTHER MATTERS. SELLER SHALL NOT BE LIABLE FOR ANY NEGLIGENT MISREPRESENTATION OR ANY FAILURE TO INVESTIGATE THE PROPERTY, NOR SHALL SELLER BE LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT, REPRESENTATION, OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY SELLER OR ANY REAL ESTATE BROKER, CONTRACTOR, AGENT, EMPLOYEE, SERVANT, OR OTHER PERSON. (e) BUYER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS, WHERE IS, WITH ALL FAULTS, LIABILITIES, DEFICIENCIES, AND DEFECTS, LATENT OR OTHERWISE, KNOWN OR UNKNOWN" BASIS. IT IS UNDERSTOOD AND AGREED THAT THE PROPERTY IS SOLD BY SELLER, AND PURCHASED BY BUYER, SUBJECT TO THE FOREGOING AND THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY SELLER, AND PURCHASED BY BUYER, SUBJECT TO THE FOREGOING. (f) BUYER HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND, SAVE, AND HOLD HARMLESS SELLER, AND EVERY ENTITY AFFILIATED WITH SELLER, AND ALL OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTICIPANTS, AND INDEPENDENT CONTRACTORS, AND THE SUCCESSOR OF EACH AND EVERY ONE OF THEM (COLLECTIVELY, THE "SELLER PARTIES "), FROM AND AGAINST ANY AND ALL DEBTS, DUTIES, OBLIGATIONS, LIABILITIES, SUITS, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES AND COURT COSTS) IN ANY WAY RELATING TO, OR IN CONNECTION WITH OR ARISING OUT OF BUYER'S INSPECTION, ACQUISITION, OWNERSHIP, LEASING, USE, OPERATION, MANAGEMENT, AND /OR MAINTENANCE OF THE PROPERTY AND ANY OTHER MATTERS WITH RESPECT TO THE PROPERTY ARISING BEFORE OR AFTER THE CLOSE OF ESCROW. (g) BUYER FURTHER ACKNOWLEDGES AND AGREES THAT BUYER IS A SOPHISTICATED INVESTOR, KNOWLEDGEABLE IN THE PURCHASE AND OPERATION OF THE PROPERTY AND HAS BEEN GIVEN THE OPPORTUNITY TO INSPECT ALL ASPECTS OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL PHYSICAL, ENVIRONMENTAL, TITLE, LEGAL, ENTITLEMENT STATUS, MARKETABILITY, AND FINANCIAL ASPECTS OF THE PROPERTY, AND BUYER IS RELYING SOLELY ON ITS OWN INSPECTION, INVESTIGATION, AND REVIEW OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED, OR TO BE PROVIDED, BY SELLER, AND AGREES TO ACCEPT THE PROPERTY AT THE CLOSING AND WAIVE ALL OBJECTIONS OR CLAIMS AGAINST SELLER (INCLUDING, BUT NOT LIMITED TO, ANY RIGHT OR CLAIM OF CONTRIBUTION) ARISING FROM OR RELATED TO THE PROPERTY, INCLUDING, WITHOUT 7 DEN - 29915 -1 LIMITATION, WITH RESPECT TO ANY HAZARDOUS MATERIALS ON THE PROPERTY. (h) BUYER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS BUYER MIGHT HAVE REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR TYPE, RELATING TO THE PROPERTY. SUCH WAIVER IS ABSOLUTE, COMPLETE, TOTAL, IRREVOCABLE, UNCONDITIONAL, AND UNLIMITED IN EVERY WAY. SUCH WAIVER INCLUDES, BUT IS NOT LIMITED TO, A WAIVER OF EXPRESS WARRANTIES OTHER THAN THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, STRICT LIABILITY RIGHTS, CLAIMS, DEMANDS, OR CAUSES OF ACTION, WHETHER STATUTORY, CONTRACTUAL, OR UNDER TORT PRINCIPLES, AT LAW OR IN EQUITY, INCLUDING, BUT NOT LIMITED TO, CLAIMS REGARDING DEFECTS WHICH WERE NOT, OR ARE NOT, DISCOVERABLE, AND ANY AND ALL CLAIMS UNDER ANY ENVIRONMENTAL REQUIREMENTS. (i) SELLER HAS GIVEN BUYER MATERIAL CONCESSIONS REGARDING THIS TRANSACTION IN EXCHANGE FOR BUYER AGREEING TO THE PROVISIONS OF THIS SECTION 5.5. SELLER AND BUYER HAVE EACH INITIALED THIS SECTION 5.5 TO FURTHER INDICATE THEIR AWARENESS AND ACCEPTANCE OF EACH AND EVERY PROVISION HEREOF. 0) THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING OR ANY EARLIER TERMINATION OF THIS AGREEMENT. Buyer's initials: Seller's initials: (k) Defined Terms. (i) Hazardous Materials. For purposes of this Agreement, "Hazardous Materials" shall mean any hazardous or toxic materials, substances, or wastes, including, without limitation, (a) substances defined as "hazardous substances," "hazardous materials," "hazardous waste," "pollutant," "infectious waste," or "toxic substances," or words of similar meaning or regulatory effect under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et sM.) ( "CERCLA "), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seMc .) ( "RCRA "), the Hazardous Materials Transportation Act (49 U.S.C. § 1801, et sM.), the Federal Water Pollution Control Act (33 U. S. C. § 1251, et SeMc .), the Clean Air Act (42 U. S. C. § 740 1, et seMc .), the Toxic Substances Control Act (15 U.S.C. § 2601, et SeMc .), the Refuse Act (33 U.S.C. § 407), (b) any materials, substances, or wastes which are toxic, ignitable, corrosive, or reactive, and which are regulated by any local governmental authority, any agency of the State of Colorado, or any agency of the United States of America; (c) any substance the presence of which at the Property causes, or threatens to cause, a nuisance and /or a trespass upon the Property, or to adjacent properties, or poses, or threatens to pose, a hazard to the health or safety of human beings; (d) asbestos (including, without limitation, asbestos containing materials), petroleum and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls (PCBs), Freon and other chlorofluorocarbons, flammable, explosive, infectious, carcinogenic, mutagenic, or radioactive materials, petroleum or any substance containing or consisting of petroleum DEN - 29915 -1 hydrocarbons (including, without limitation, gasoline, diesel fuel, motor oil, waste oil, grease or any other fraction of crude oil), paints and solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonium compounds, polychlorinated biphenyls, radon and radon gas; and (e) those substances defined as any of the foregoing in the regulations adopted and publications promulgated pursuant to each of the aforesaid laws. (ii) Environmental Requirements. For purposes of this Agreement, the term `Environmental Requirements" shall mean all laws, ordinances, statutes, codes, rules, regulations, agreements, judgments, orders, and decrees, now or hereafter enacted, promulgated, or amended, of the United States, the states, the counties, the cities, or any other political subdivisions in which the Property is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the owner of the Property, the Property, or the use of the Property, relating to pollution, the protection or regulation of human health, natural resources, or the environment, or the emission, discharge, release or threatened release of pollutants, contaminants, chemicals, or industrial, toxic, or hazardous substances or waste or Hazardous Materials into the environment (including, without limitation, ambient air, surface water, ground water or land or soil). 5.6 BUYER'S WAIVER AND RELEASE. (a) AS PART OF BUYER'S AGREEMENT TO PURCHASE AND ACCEPT THE PROPERTY ON AND "AS IS, WHERE IS, WITH ALL FAULTS, LIABILITIES, DEFICIENCIES, AND DEFECTS, LATENT OR OTHERWISE, KNOWN OR UNKNOWN" BASIS, AND NOT AS A LIMITATION ON SUCH AGREEMENT, BUYER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS BUYER MIGHT HAVE REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR TYPE, RELATING TO THE PROPERTY. SUCH WAIVER IS ABSOLUTE, COMPLETE, TOTAL, AND UNLIMITED IN EVERY WAY. SUCH WAIVER INCLUDES, BUT IS NOT LIMITED TO, A WAIVER OF EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, STRICT LIABILITY RIGHTS, AND CLAIMS, LIABILITIES, DEMANDS, OR CAUSES OF ACTION OF EVERY KIND AND TYPE, WHETHER STATUTORY, CONTRACTUAL, OR UNDER TORT PRINCIPLES, AT LAW OR IN EQUITY, INCLUDING, BUT NOT LIMITED TO, CLAIMS REGARDING DEFECTS WHICH MIGHT HAVE BEEN DISCOVERABLE, CLAIMS REGARDING DEFECTS WHICH WERE NOT OR ARE NOT DISCOVERABLE, PRODUCT LIABILITY CLAIMS, PRODUCT LIABILITY TYPE CLAIMS, ALL OTHER EXTANT OR LATER CREATED OR CONCEIVED OF STRICT LIABILITY OR STRICT LIABILITY TYPE CLAIMS AND RIGHTS, AND ANY AND ALL CLAIMS UNDER CERCLA AND RCRA OR ANY OTHER ENVIRONMENTAL REQUIREMENT. (b) EFFECTIVE UPON THE CLOSING DATE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER HEREBY RELEASES, DISCHARGES, AND FOREVER ACQUITS SELLER AND EVERY SELLER PARTY, FROM ALL DEMANDS, CLAIMS, LIABILITIES, OBLIGATIONS, COSTS, AND EXPENSES WHICH BUYER MAY SUFFER OR INCUR RELATING TO THE PROPERTY, AND ANY AND ALL OTHER ASPECTS OF THE PROPERTY. AS PART OF THE PROVISIONS OF THIS SECTION 5.6, BUT NOT AS A LIMITATION THEREON, BUYER HEREBY AGREES, REPRESENTS, AND WARRANTS THAT THE MATTERS RELEASED HEREIN ARE NOT DEN - 29915 -1 LIMITED TO MATTERS WHICH ARE KNOWN OR DISCLOSED, AND BUYER HEREBY WAIVES ANY AND ALL RIGHTS AND BENEFITS WHICH IT NOW HAS, OR IN THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF THE PROVISIONS OF FEDERAL, STATE, OR LOCAL LAW, RULES, OR REGULATIONS. (c) IN ACCORDANCE WITH THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER HEREBY AGREES, REPRESENTS, AND WARRANTS THAT IT UNDERSTANDS THAT FACTUAL MATTERS NOW UNKNOWN TO BUYER MAY HAVE GIVEN, OR MAY HEREAFTER GIVE, RISE TO CAUSES OF ACTION, CLAIMS, DEMANDS, DEBTS, CONTROVERSIES, DAMAGES, COSTS, LOSSES, OR EXPENSES WHICH ARE PRESENTLY UNKNOWN, UNANTICIPATED, AND UNSUSPECTED, AND BUYER FURTHER AGREES, REPRESENTS, AND WARRANTS THAT THE WAIVERS AND RELEASES HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON IN LIGHT OF THAT REALIZATION, AND THAT BUYER NEVERTHELESS HEREBY INTENDS TO RELEASE, DISCHARGE, AND ACQUIT SELLER FROM ANY SUCH UNKNOWN CAUSES OF ACTION, CLAIMS, DEMANDS, DEBTS, CONTROVERSIES, DAMAGES, COSTS, LOSSES, AND EXPENSES WHICH MIGHT IN ANY WAY BE INCLUDED IN THE WAIVERS AND MATTERS RELEASED AS SET FORTH IN THIS SECTION 5.6. THE PROVISIONS OF THIS SECTION 5.6 ARE MATERIAL AND INCLUDED AS A MATERIAL PORTION OF THE CONSIDERATION GIVEN TO SELLER BY BUYER IN EXCHANGE FOR SELLER'S 1901307RLSn.— ONVA X110���f :� (d) SELLER HAS GIVEN BUYER MATERIAL CONCESSIONS REGARDING THIS TRANSACTION IN EXCHANGE FOR BUYER AGREEING TO THE PROVISIONS OF THIS SECTION 5.6. BUYER HAS INITIALED THIS SECTION 5.6 TO FURTHER INDICATE ITS AWARENESS AND ACCEPTANCE OF EACH AND EVERY PROVISION HEREOF. THE PROVISIONS OF THIS SECTION 5.6 SHALL SURVIVE THE CLOSING OR THE EARLIER TERMINATION OF THIS AGREEMENT. BUYER'S INITIALS: Buyer's ght of Entry and Inspection. 6.1 Buyer, and any and all agents, employees, and consultants of Buyer, shall, upon two (2) Business Days prior written notice to Seller and during business hours, prior to the Close of Escrow, have the right to enter upon the Property for the purpose of making physical inspections and conducting any and all inspections, investigations, appraisals, assessments, and analyses as Buyer's deems necessary in order to inspect, investigate, and review the condition, uses, and improvements of the Property. Buyer shall not cause any adverse impact to the Property and will restore the Property in a timely manner at Buyer's sole cost to the condition that existed immediately prior to the inspections, investigations, or review of the Property. Without limiting the generality of the foregoing sentence, Buyer shall keep the Property free and clear of all mechanics' and /or materialmen's liens arising from or related to the inspections, investigations, or review of the Property by Buyer, and shall take all necessary actions, at Buyer's sole cost and expense, to remove any such liens that encumber the Property. Buyer shall not, without the prior written consent of Seller, disturb the physical condition of the Property or conduct any soil testing, removal, or borings upon or within the Property, including, without 10 DEN - 29915 -1 limitation, conducting any Phase II environmental site assessment. Buyer hereby indemnifies and shall defend and hold harmless Seller and each of the Seller Parties from and against any and all liens, claims, liabilities, costs, and expenses, including attorneys' fees and court costs, and other damages arising out of or in any way relating to the entry and performance of any such inspection, investigations, and review by Buyer of the Property, or by any other person or entity acting on behalf of, or at the request of, Buyer, prior to the Close of Escrow. The foregoing indemnity by Buyer shall survive the Closing or earlier termination of this Agreement. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, worker's compensation, and other applicable insurance defending and protecting Seller from liability for any injuries to persons or property occurring during any work done on the Property at Buyer's direction prior to Close of Escrow. 6.2 Unless and until the Closing occurs, Buyer agrees to keep confidential, and not disclose, the results of its investigations, inspections, and review of the Property, or the contents of any analyses, reports, surveys, or other documents made with respect thereto, to any third party other than Buyer's employees, attorneys, consultants, and lenders in connection with Buyer's purchase of the Property or as may be required by applicable law; provided that Buyer shall ensure that each such employee, attorney, and consultant is advised of and agrees to the confidentiality requirements in this section 6.2. If Buyer determines that Buyer is required by applicable law to notify a federal, state, or local governmental agency or authority, or any other party, with respect to any condition of the Property, Buyer shall immediately notify Seller, and Seller shall make such disclosure as Seller determines appropriate. 6.3 Seller shall have the right, but not the obligation, to attend and participate in any contact, discussion, or meeting between Buyer and any officer, employee, supervisor, consultant, council member, agent, or other representative of any public agency or governmental authority with jurisdiction over the Property ( "Public Agency "); provided, however, that Buyer shall be under no obligation to delay or reschedule any such contact, discussion, or meeting to accommodate the schedule of any representative of Seller that desires to participate in such contact, discussion, or meeting. Prior to the Closing, Buyer shall not enter into or make any commitments, and shall expressly disclaim to all Public Agencies with which it meets or communicates the right to enter into or make commitments, of any kind or nature that encumber or otherwise obligate Seller or the Property ( "Commitments ") without the prior written consent of Seller, which may be granted or withheld in Seller's sole and absolute discretion; provided, however, that Buyer may enter into or make Commitments to Public Agencies with respect to the Property so long as the effectiveness of any and all such Commitments is expressly conditioned upon the occurrence of the Closing of the transaction contemplated by this Agreement. Buyer shall, and hereby does, indemnify, defend, protect, and hold harmless Seller and each of the Seller Parties from and against any and all claims, demands, losses, damages, obligations, liabilities, causes of action, liens, costs, and expenses (including, without limitation, attorneys' fees and expenses) resulting from any acts or omissions by Buyer or its employees, agents, consultants, or representatives arising from, related to, or in connection with any Commitments or any contacts, discussions, or meetings by Buyer with any Public Agency that are made in violation of the foregoing provisions. The foregoing indemnity shall survive the Closing or earlier termination of this Agreement. 7. Escrow. 7.1 Definitions. The following terms used in this Agreement shall have the following meanings: 11 DEN - 29915 -1 (a) The term "Business Day" shall mean any day which is not a Saturday or Sunday and is not a public holiday in Colorado, or a day on which businesses are required or requested to close by government proclamation. (b) The term "Closing Date" shall mean the date upon which the bargain and sale deed (`Bargain and Sale Deed ") conveying the Property to Buyer is recorded in the Official Records of County of Eagle, State of Colorado. The term "Close of Escrow" or "Closing" shall mean the event of recording said Bargain and Sale Deed. (c) The term "Escrow" shall mean an escrow transaction established for the purpose of consummating the transactions contemplated by this Agreement. (d) The term "Escrow Agent" shall mean Fidelity National Title Company, located at the address set forth in Section 14.1 of this Agreement. (e) The term "Scheduled Closing Date" shall mean that date which is thirty (30) calendar days after mutual execution of this Agreement. 7.2 Opening of Escrow. Within three (3) calendar days following the execution and delivery of this Agreement by the parties hereto, Buyer shall open the Escrow for the consummation of the transfer of the Property, by depositing with Escrow Agent (the date of such deposit and of Escrow Agent's acceptance hereof is herein referred to as the "Opening of Escrow ") an original, or a true and complete copy, of this Agreement. In no event shall the Opening of Escrow occur later than three (3) calendar days after the Effective Date. The parties shall execute, deliver, and be bound by any and all reasonable and customary supplemental escrow instructions ( "Escrow Instructions ") of Escrow Agent, and all such other documents and instruments as may be reasonably required by Escrow Agent, in order to consummate the transactions contemplated by this Agreement. Escrow Agent shall accept the escrow provisions of this Agreement as provided immediately after the signatures of the parties hereto. The Escrow Instructions shall not conflict with, amend, or supersede any portion of the Agreement, unless expressly agreed by written instruments signed by all parties to this Agreement, specifically providing that said Escrow Instructions shall have such effect. Except as otherwise provided herein, in the event of any inconsistency or conflict between the provisions of the Escrow Instructions and this Agreement, the provisions of this Agreement shall control. 7.3 Closing Date. Except as otherwise herein provided, the Closing shall occur no later than the Scheduled Closing Date, provided that all conditions of this Agreement have been satisfied. In the event that Escrow does not close for any reason on or before the Scheduled Closing Date, Escrow Agent shall nevertheless proceed to Close the Escrow at the earliest practicable time thereafter upon satisfaction of all conditions to the Close of Escrow, unless Escrow Agent receives written notice from either party directing Escrow Agent not to Close the Escrow. Upon Escrow Agent's receipt of a written notice of termination as hereinabove provided, the Escrow shall be deemed to be canceled without the requirement for any further notice or instruction to Escrow Agent or to the other parties. In order to be effective, notice to the Escrow Agent by either party to this Agreement shall be also given to the other party in the manner herein provided for notices. 7.4 Deliveries Through Escrow. 12 DEN- 29915 -1 (a) Seller Deliveries. At least one (1) Business Day prior to the Closing, Seller shall have executed, and where applicable, duly acknowledged, and deposited with Escrow Agent, the following documents (collectively, "Seller's Closing Documents "): (i) The Bargain and Sale Deed transferring the Property to Buyer in the form of Exhibit B, attached hereto and incorporated herein by reference; (ii) The Bill of Sale, Assignment and Assumption Agreement in the form of Exhibit C, attached hereto and incorporated herein by reference (the "Bill of Sale "); (iii) The certificate of non - foreign status (the "Certificate "), as may be required or permitted by applicable federal and/or state law in order to avoid or satisfy any duty or obligation of Escrow Agent, Seller, or Buyer to withhold any portion of the Purchase Price or other funds in such party's possession or control, which Certificate shall be in the form of Exhibit D, attached hereto and incorporated herein by reference; and (iv) All such other documents, instruments, and agreements as Escrow Agent shall reasonably require in order to comply with this Agreement and the Escrow Instructions within the time and in the manner herein provided. (b) Buyer Deliveries. At least two (2) Business Day prior to the Closing, Buyer shall deliver to Escrow Agent: (i) Buyer's Closing Funds, which will include the balance of the Purchase Price and all other amounts required of Buyer hereunder; (ii) A counterpart copy of the Bill of Sale, executed by Buyer; and (iii) All other documents, instruments, and agreements as Escrow Agent shall reasonably require in order to comply with this Agreement and the Escrow Instructions within the time and in the manner herein provided (collectively, with the documents listed in Section 7.5(b)(ii), the `Buyer's Closing Documents "). 7.5 Prorations and Charges. (a) Real property taxes and general and special assessments shall be apportioned (on the basis of a three hundred sixty -five (365) day year) as of 12:01 a.m. on the date of the Close of Escrow. If the Close of Escrow shall occur before the real property tax rate is fixed, apportionment of taxes shall be made on the basis of the tax rate for the preceding year applied to the latest assessed valuation. After the real property taxes are finally fixed, Seller and Buyer shall make a recalculation of the apportionment of same, and either Seller or Buyer, as the case may be, shall make appropriate payment to the other based on such recalculation. Buyer shall be responsible for all supplemental property taxes or assessments imposed from and after the Close of Escrow. Security deposits, to the extent in Seller's actual possession, shall be delivered and paid over to Buyer upon the Close of Escrow. (b) Rent and revenues, if any, received by Seller in advance, or on account from, any tenant or occupant of the Property, to the extent Seller is not permitted to retain the same for purposes of compensating Seller for expenses and/or losses previously 13 DEN - 29915 -1 incurred by Seller prior to the Close of Escrow shall be prorated and /or adjusted between the parties by Escrow Agent as of the Close of Escrow, in addition to such other items as are customarily subject to proration and adjustment, as shall be provided in a settlement statement prepared by Escrow Agent prior to the Closing. (c) Buyer shall pay the title insurance premium for a ALTA owner's coverage of title insurance with a policy limit in the amount of the Purchase Price ( "Title Policy "), and Buyer and Seller shall each pay fifty percent (50 %) of all related out of pocket expenses of the Escrow Agent, any documentary transfer taxes payable in connection with the recording of the Bargain and Sale Deed, the cost of recording the Bargain and Sale Deed. In addition, Buyer shall pay the cost of (i) any and all endorsements to the Title Policy, and (ii) any ALTA /ACSM survey to be conducted in connection with the issuance of the Title Policy. Except as expressly provided herein, Buyer shall pay and be solely responsible for all other Closing costs and charges, including, without limitation, any local transfer tax, private transfer fees, or other fees due to a transfer of the Property, payable at Closing, or any sales and use tax that may accrue because of this transaction. (d) All utilities and other public services, if any, furnished to the Property in the name, or for the account of, Seller shall be terminated as of the Close of Escrow, and Buyer assumes responsibility for transferring or recommencing any and all such services in the name, or for the account of, Buyer, and for terminating any and all maintenance and other service contracts pertaining to the Property. Buyer hereby indemnifies and holds harmless Seller and each of the Seller Parties from and against any claim, loss, expense, damages, or liability relating to the termination or continuation of such services to the Property, all of which shall be Buyer's sole responsibility and liability after the Close of Escrow, if applicable. (e) Seller shall be solely responsible for the payment of any and all sums due in connection with any notices regarding weed abatement or cleanup of trash dumped on the Property received prior to the Close of Escrow. 7.6 Closin;7. At the Close of Escrow, Escrow Agent shall: (a) Record the Bargain and Sale Deed conveying the Real Property to Buyer as herein provided, together with all such other instruments and documents which may be delivered to Escrow Agent in order to enable Escrow Agent to comply with this Agreement and the Escrow Instructions. (b) Disburse to Seller, pursuant to the Seller's written wiring instructions, funds in the amount of the Purchase Price, less the Deposit to the extent already received by Seller, less the Broker's Commission to be paid pursuant to Section 13.1 below, less the closing costs owed by Seller as set forth herein, and as otherwise adjusted in accordance with this Agreement, and pursuant to the settlement statement prepared by Escrow Agent and approved by Seller; (b) distribute the Broker's Commission to Seller's Broker pursuant to Section 13.1 below; (c) disburse to Title Company and Escrow Agent amounts sufficient to pay the respective costs and expenses of the Title Company and Escrow Agent arising under this Agreement; (d) disburse to the appropriate public agencies amounts sufficient to pay all recording fees and transfer taxes arising from or related to this Agreement; and (e) return all funds remaining in Escrow to Buyer. 14 DEN - 29915 -1 (c) Deliver to Seller, the Buyer's Closing Documents, together with a conformed copy of the Bargain and Sale Deed, and deliver to Buyer the Certificate and Seller's counterpart copy of the Bill of Sale. (d) Cause to be issued and delivered to Buyer the Title Policy, issued to Buyer by the Title Company showing the fee title to the Property vested in Buyer, subject only to those exceptions contained in the Title Report. 7.7 Conditions to Close of Escrow. (a) Conditions to Buyer's Obligations. The obligations of Buyer to consummate the transaction contemplated by this Agreement are, in addition to the other terms and conditions of this Agreement, subject to the conditions set forth in this Section 7.8(a), each of which is for the sole benefit of Buyer, and any one or more of which may be waived in whole or in part by Buyer in its sole discretion: (i) The Title Company shall be unconditionally committed to issue the Title Policy, subject to the exceptions and other items set forth in the Title Report; (ii) The representations and warranties of Seller contained in this Agreement shall be true on and as of the Close of Escrow as if the same were made on and as of the Close of Escrow; (iii) Seller shall have executed and deposited with Escrow Agent all of Seller's Closing Documents; and (iv) Seller shall have fully and timely performed, in all material respects, all covenants and obligations required by this Agreement to be performed by Seller on or prior to the Closing Date. (b) Conditions to Seller's Obligations. The obligations of Seller to consummate the transaction contemplated by this Agreement are, in addition to the other terms and conditions of this Agreement, subject to the conditions set forth in this Section 7.8(b), each of which is for the sole benefit of Seller, and any one or more of which may be waived in whole or in part by Seller in its sole discretion: (i) Buyer shall have deposited the Purchase Price with Escrow Agent, together with all other Buyer's Closing Funds, and any and all additional funds required to pay any costs, fees, expenses, or prorations payable by Buyer hereunder; (ii) The representations and warranties of Buyer contained in this Agreement shall be true on and as of the Close of Escrow as if the same were made on and as of the date thereof; (iii) Buyer shall execute and deposit with Escrow Agent all of Buyer's Closing Documents; and (iv) Buyer shall have fully and timely performed, in all material respects, all covenants and obligations required by this Agreement to be performed by Buyer on or prior to the Closing Date. 15 DEN - 29915 -1 If any of the following conditions are not satisfied by the Scheduled Closing Date, Seller shall be entitled, at its option and in its sole and absolute discretion, to terminate this Agreement and to retain the Deposit and all interest thereon in accordance with Section 12.1 below, in addition to any other rights and remedies that Seller may have. Representations and Warranties and Covenants. 8.1 Seller's Representations and Warranties. Seller represents and warrants to Buyer that (a) Seller has the full right, power, and authority, without the joinder of any other person or entity, to enter into, execute and deliver this Agreement, and to perform all duties and obligations imposed on Seller under this Agreement; (b) neither the execution nor the delivery of this Agreement, nor the consummation of the purchase and sale contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement conflict with or will result in the breach of any of the terms, conditions, or provisions of any agreement or instrument to which Seller is a party or by which Seller or any of Seller's assets is bound; and (c) this Agreement constitutes a legal, valid, and binding obligation of Seller enforceable against Seller in accordance with its terms, except as limited by bankruptcy, insolvency, reorganization, moratorium, and other similar laws of general applicability relating to or affecting the enforcement of creditors' rights and general equitable principles. 8.2 Buyer's Representations and Warranties. As of the date of this Agreement and as of the Closing Date, Buyer represents and warrants to Seller that (a) Buyer has the full right, power, and authority, without the joinder, consent, or authorization of any other person or entity, to enter into, execute, and deliver this Agreement, and to perform all duties and obligations imposed upon Buyer under this Agreement; (b) this Agreement constitutes a legal, valid, and binding obligation of Buyer enforceable against Buyer in accordance with its terms, except as limited by bankruptcy, insolvency, reorganization, moratorium, and other similar laws of general applicability relating to or affecting the enforcement of creditors' rights and general equitable principles; (c) neither the execution nor the delivery of this Agreement, nor the consummation of the purchase and sale contemplated hereby, nor the fulfillment of, or compliance with, the terms and conditions of this Agreement conflict with or will result in the breach of any of the terms, conditions, or provisions of any agreement, instrument, writ, order, judgment, injunction, decree, determination, or award to which Buyer, or any partner or related entity or affiliate of Buyer, is a party or by which Buyer, any partner or related entity or affiliate of Buyer, or Buyer's assets, is bound; (d) Buyer has such knowledge and experience in financial and business matters that Buyer is capable of evaluating the merits and risks relating to Buyer's purchase of the Property and making an informed purchase and investment decision in connection therewith; (e) Buyer has, or will have, made such examination, review, inspection, and investigation of the facts and circumstances necessary to evaluate the Property as Buyer has deemed necessary or appropriate to form a basis for Buyer's evaluation of a purchase of the Property; (f) Buyer acknowledges that the Property will have limited liquidity, and Buyer has the financial wherewithal to hold the Property for an indefinite period of time and to bear the economic risk of an outright purchase of the Property; (g) no petition has been filed by or against Buyer for the commencement of a case under the U.S. Bankruptcy Code with respect to Buyer, and Buyer has sufficient capital or net worth to meet Buyer's obligations, including payment of the Purchase Price, under this Agreement; (h) neither Buyer, nor any partner, related entity, or affiliate of Buyer is in any way affiliated with Seller or any affiliate of Seller; and (i) neither Buyer nor any of its managers, members, officers, employees or agents have any pre- existing business, familial, or other relationship with any prior owner of the Property (including, without 16 DEN - 29915 -1 limitation, the trustor under the deed of trust that was the subject of the Deed in Lieu, nor any of such prior owner's managers, members, officers, employees or agents, or any borrower(s) or guarantor(s) of the loan that was the subject of the Deed in Lieu. All of the representations and warranties of Buyer set forth in this Section 8.2 shall survive the Closing and the delivery of the Bargain and Sale Deed to Buyer, or the earlier termination of this Agreement. 9. Risk of Loss. 9.1 Condemnation. If, prior to the Closing Date, action is initiated to take any of the Property by eminent domain proceedings, or by deed in lieu thereof, Buyer may either at or prior to the Closing Date (a) terminate this Agreement (in which event the Deposit shall be refunded to Buyer) and pay all of Escrow Agent's and Title Company's cancellation fees and costs, or (b) consummate the Closing, in which event all of Seller's assignable right, title, and interest in and to the award of the condemning authority shall be assigned to Buyer at the Closing, and there shall be no reduction in the Purchase Price. 9.2 Casual . Except as otherwise provided in this Agreement, Seller assumes all risks and liability for damage to, or injury occurring to, the Property by fire, storm, accident, or any other casualty until the Closing has been consummated, and thereafter Buyer assumes all such risks and liability. If the Property, or any part thereof, suffers any damage in the amount of $50,000 or greater prior to the Closing from fire or other casualty, and which Seller, at its sole option, does not elect to repair completely by the Closing Date, Buyer, upon written notice delivered both to Seller and to the Escrow Agent prior to the Closing Date, may either (a) terminate this Agreement (in which event the Deposit shall be refunded to Buyer) and pay all of Escrow Agent's and Title Company's cancellation fees and costs, or (b) proceed with the Close of Escrow without reduction in the Purchase Price and with all of Seller's right, title, and interest in and to the proceeds of any insurance covering such damage (less an amount equal to any expenses and costs incurred by Seller to repair or restore the Property and any portion of such proceeds paid, or to be paid, on account of the loss of rents or other income from the Property for the period prior to and including the Closing Date all of which shall be payable to Seller), to the extent the amount of such insurance does not exceed the Purchase Price, shall be assigned to Buyer at the Closing. 10. Indemnification. 10.1 Buyer's Indemnity. Buyer shall indemnify, protect, defend, and hold harmless Seller and each of the Seller Parties against and from (a) any Claim (as hereinafter defined) made on or after the Closing Date, regardless of when the same arises or accrues, related to the Property or any condition of the Property, except for any matters which constitute a breach of any representation or warranty of Seller specifically set forth in Section 8.1 of this Agreement, (b) any Claim in any way arising from Buyer's inspections or examinations of the Property prior to the Closing Date, and (c) any Claim in any way arising as a result of any breach of this Agreement by Buyer, subject to the provisions of Section 12.1 below. 10.2 Generally. Buyer's indemnification obligations under this Agreement shall be subject to the following provisions: (a) Seller shall notify Buyer of any such Claim against Seller within forty-five (45) days after Seller has notice of such Claim, but failure to notify Buyer shall in no case prejudice the rights of Seller under this Agreement unless Buyer shall be prejudiced by such 17 DEN - 29915 -1 failure and then only to the extent of such prejudice. Should Buyer fail to discharge or undertake to defend Seller against such liability (with counsel approved by Seller), within twenty (20) days after Seller gives Buyer written notice of the same, then Seller may settle such Claim, and Buyer's liability to Seller shall be conclusively established by such settlement, the amount of such liability to include both the settlement consideration and the reasonable costs and expenses, including attorneys' fees, incurred by Seller in effecting such settlement. (b) Buyer's indemnification obligations under this Agreement shall cover the costs and expenses of Seller, including attorneys' fees, related to any actions, suits, or judgments incident to any of the matters covered by such indemnities. (c) Buyer's indemnification obligations under this Agreement shall also extend to any present or future advisor, trustee, director, officer, partner, employee, beneficiary, shareholder, participant, or agent of or in Seller or any entity now or hereafter having a direct or indirect ownership interest in Seller. (d) Buyer's indemnification obligations under this Agreement shall survive the Closing of the transaction contemplated hereunder. (e) Buyer's indemnification obligations under this Agreement shall survive whether or not the transactions contemplated by this Agreement are consummated. 10.3 Definition. As used in this Agreement, the term "Claim" means any obligation, liability, claim (including any claim for damage to property or injury to, or death of, any persons), lien or encumbrance, loss, damage, cost, or expense, including reasonable attorneys' fees. 11. Events of Default. In addition to all defaults and events of default as defined and/or described in this Agreement, Buyer agrees that each of the following events shall constitute an event of default for purposes of this Agreement: 11.1 Buyer shall commit any breach or default of any covenant, term, or condition contained in this Agreement; 11.2 Any representation or warranty made by Buyer shall prove to have been false or misleading; 11.3 Buyer shall make an assignment for the benefit of creditors; or 11.4 A petition or action for relief shall be filed by or against Buyer pursuant to the U.S. Bankruptcy Code (Title 11, U.S. Codes) in effect from time to time, or under any other law relating to bankruptcy, insolvency, reorganization, moratorium, creditor composition, arrangement or other relief for debtors; the appointment of a receiver, trustee, custodian, or liquidator of or for any of Buyer's assets; or upon the death, incapacity, insolvency, dissolution, or termination of the business of Buyer. 12. Remedies. 12.1 Liquidated Damages. BUYER AND SELLER HEREBY ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF A DEFAULT OR BREACH BY BUYER IN THE PERFORMANCE OF BUYER'S OBLIGATIONS OR COVENANTS, OR 18 DEN - 29915 -1 THE BREACH BY BUYER OF ANY OF BUYER'S REPRESENTATIONS OR WARRANTIES, HEREUNDER, SELLER'S DAMAGES WOULD BE EXTREMELY DIFFICULT OR IMPOSSIBLE TO DETERMINE, THAT THE AMOUNT OF THE DEPOSIT IS THE PARTIES' BEST AND MOST ACCURATE ESTIMATE OF THE DAMAGES SELLER WOULD SUFFER IN THE EVENT THE TRANSACTION PROVIDED FOR IN THIS AGREEMENT FAILS TO BE CONSUMMATED, AND THUS SUCH ESTIMATE IS REASONABLE UNDER THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT. BUYER AND SELLER AGREE THAT, AS LIQUIDATED DAMAGES FOR SUCH BREACH AND /OR DEFAULT BY BUYER, SELLER SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO TERMINATE THE AGREEMENT AND RECEIVE FROM BUYER AND FROM THE DEPOSIT AND CLOSING FUNDS THE ABOVE LIQUIDATED SUM, IN FULL, AND SUCH LIQUIDATED DAMAGES SHALL BE SELLER'S SOLE REMEDY AT LAW OR IN EQUITY FOR SUCH BREACH OR DEFAULT BY BUYER; PROVIDED THAT NOTHING HEREIN CONTAINED SHALL BE DEEMED TO IN ANY WAY SATISFY, DISCHARGE, OR TERMINATE BUYER'S AGREEMENTS HEREIN TO INDEMNIFY SELLER AND THE REAL PROPERTY AND TO HOLD SELLER AND THE REAL PROPERTY HARMLESS, AS SPECIFICALLY STATED IN SECTIONS 5.5 (f), 6.1, 6.3, 10 AND ELSEWHERE IN THIS AGREEMENT, AND SELLER'S RIGHTS AND REMEDIES ARISING OUT OF SUCH INDEMNITY AND HOLD HARMLESS AGREEMENTS SHALL BE IN ADDITION TO THIS LIQUIDATED DAMAGES PROVISION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER AND SELLER AGREE THAT (A) IT WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY DAMAGES SELLER WOULD SUFFER IN THE EVENT OF A BUYER DEFAULT, (B) THE PAYMENT OF THE DEPOSIT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY, BUT IT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER, (C) BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE HEREUNDER, AND (D) BUYER AND SELLER DESIRE TO AVOID THE COSTS AND DELAYS THAT WOULD BE INCURRED IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES, SEEK EQUITABLE RELIEF, OR OTHERWISE ENFORCE SELLER'S RIGHTS UNDER THIS AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE TO THIS PROVISION BY PLACING THEIR INITIALS BELOW: BUYER'S INITIALS: SELLER'S INITIALS: 12.2 Seller Default, Limitation of Remedies. Buyer and Seller hereby acknowledge and agree that in the event of a default or breach by Seller in the performance of Seller's obligations or covenants, or the breach by Seller of any of Seller's representations or warranties, hereunder, and provided none of the contingencies set forth herein for the benefit of Seller has not been met or remains unsatisfied, a "Seller Default" under this Agreement shall have been deemed to have occurred. In the event of a Seller Default, Buyer's sole and exclusive remedy shall be a claim for, and recovery of, such monetary damages against Seller to which Buyer shall be entitled by law, and Buyer acknowledges and agrees that the right to obtain monetary damages against Seller is a full and adequate remedy to protect its rights and interests under this Agreement. Without limiting the generality of the foregoing, Buyer waives all rights to the right to seek declaratory and /or injunctive relief, equitable relief, or specific performance of Seller's obligations under this Agreement and to record a lis pendens or notice of pendency of action or similar notice against any portion of the Property. In respect of any Seller Default, Buyer agrees that it will commence, and thereafter diligently prosecute, the enforcement of 19 DEN - 29915 -1 Buyer's rights under this Agreement in a court or other proceeding, within ninety (90) days of the date Buyer first becomes aware of such Seller Default, or Buyer shall be deemed to have forever waived its rights to enforce its rights under this Agreement with respect to the Seller Default. Buyer shall not assert, and does hereby waive, any and all rights and remedies at law or in equity or otherwise to redress any breach by Seller of Seller's obligations arising under this Agreement, including, without limitation, the right to seek declaratory and /or injunctive relief, equitable relief, or specific performance in any action which Buyer may bring arising out of or relating to this Agreement. Notwithstanding any provision to the contrary contained in this Agreement, in no event shall the aggregate amount of actual damages which Buyer may be entitled to recover against Seller pursuant to this Section 12.2 exceed an amount equal to the amount of the Deposit, and in no event shall Seller be liable to Buyer or any other party for any punitive, speculative, special, or consequential damages. 13. Brokers. 13.1 The parties acknowledge that no person or entity has any right to any commission, finder's fee or other compensation based upon the transactions contemplated by this Agreement, except that if, and only if, the Closing occurs, Seller shall pay Mountain Partners Real Estate, LLC d/b /a Keller Williams Mountain Properties ( "Seller's Broker ") a broker's fee in accordance with a separate written agreement between Seller and Broker (the "Broker's Commission ") upon the Close of Escrow. If, for any reason, the Closing fails to occur, no Broker's Commission or any other amount shall be due or payable to Seller's Broker. 13.2 Except as provided in Section 13. 1, Buyer and Seller (each an "Indemnifying Party ") hereby indemnify and shall hold one another (the "Indemnified Part y") harmless from and against any and all claims, demands, damages, losses, costs and expenses, including, without limitation all attorneys' fees and related costs, incurred by the Indemnified Party in connection with any claim or demand for brokerage commissions or finders' fees made by any broker, agent, or other person alleged to have been engaged or hired by the Indemnifying Party, and any and all brokers or others claiming to have dealt with any party other than the Indemnified Party in connection with the transactions contemplated by this Agreement. 14. Miscellaneous. 14.1 Notices. Any notice, request, or demand required or permitted by this Agreement to be given by either party hereto to the other (or by or to Escrow Agent, as the case may be), shall be deemed delivered if (a) transmitted by telecopier or similar facsimile transmission to the telecopier number of the receiving party specified below, with original copy thereof to be deposited within twenty -four (24) hours after such transmission in the U.S. Mail, first class postage prepaid, and addressed to the receiving party at the address specified below; (b) deposited in the U.S. Mail, first class postage prepaid, and addressed to the receiving party at the address specified below; (c) deposited with a reputable overnight private commercial delivery service and addressed to the receiving party at the address specified below; or (d) given by personal delivery, by the party giving notice directly or through commercial messenger or courier service, at the receiving party's address specified below. If notice is given by deposit in the U.S. Mail as herein provided, delivery shall not be deemed to be effective until forty-eight (48) hours after such deposit; if deposited with an overnight courier or delivery service as herein provided prior to any applicable deposit deadline for guaranteed overnight delivery, delivery shall be deemed effective twenty-four (24) hours after such deposit; if transmitted by telecopier or personal delivery, delivery shall be deemed to be effective upon receipt, if transmitted or 20 DEN - 29915 -1 delivered during normal business hours of the receiving party, otherwise on the next Business Day of the receiving party. No notice of termination shall impair the rights or priorities of any party created or acquired prior to the receipt of such notice. For Buyer: For Seller: Peter Knobel 392 Mill Creek Circle Vail, CO 81657 Facsimile No.: (__) _ First - Citizens Bank & Trust Company 700 17`h Street, Suite 1000 Denver, CO 80202 Attention: Richard C. Reimer Facsimile No.: (720) 932 -9741 For Escrow Agent: Fidelity National Title Company 1277 Kelly Johnson Blvd, Suite 100 Colorado Springs, CO 80919 Attention: Greg Wolff Facsimile No.: (719) 531 -5864 Either party may change its address for purposes of this Section upon delivery to the other party of a notice of a change of address in the manner provided for notices hereunder. 14.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes all other agreements, oral or written, between the parties hereto with respect to the subject matter. No claim of waiver, modification, consent, or acquiescence with respect to any provision of this Agreement shall be made against either party, except upon the basis of a written instrument executed by or on behalf of such party. 14.3 Successors and Assigns. (a) Except as hereinafter provided, Buyer shall not assign or transfer this Agreement or any right or obligation hereunder without the prior written consent of Seller, which consent Seller may withhold in its sole and absolute opinion and judgment. Buyer may, prior to the Close of Escrow, assign and delegate Buyer's rights and obligations hereunder, without Seller's prior written consent, to a corporation, partnership, or limited liability company owned or controlled by Buyer, provided Buyer notifies Seller in writing in advance of any such transfer and provides Seller and Escrow Agent with true and complete copies of all documents evidencing said transfer, all organization documents creating such transferee, and all resolutions and consents authorizing the transfer and assumption of liability and evidencing Buyer's continuing interest in said transferee as hereinafter provided. Notwithstanding the forgoing, no assignment or delegation on the part of Buyer shall release Buyer from its obligations hereunder. For purposes of this Agreement, the phrase "owned or controlled by Buyer" means that: (1) in the case of a corporation, Buyer owns at least 51% of all shares of stock of the corporation and 21 DEN - 29915 -1 possesses the unrestricted capacity and authority to exercise majority voting power of all shares of stock of the corporation; (2) in the case of a partnership, (x) Buyer is a general partner, or is a limited partner owning at least 51% of all limited partnership interests comprising the partnership and (y) possesses the unrestricted authority and capacity to exercise majority voting power of all such partnership interests (whether general or limited); and (3) in the case of a limited liability company, Buyer is a member owning at least 51% of all membership interests comprising the limited liability company and possesses the unrestricted authority and capacity to manage the limited liability company and exercise majority voting power of all membership interests. (b) Buyer agrees and consents to any sale or transfer by Seller, at any time, of Seller's rights and obligations hereunder to one or more assignee or transferee, whether related or unrelated to Seller. Buyer agrees that any such assignee or transferee may enforce its rights and interests under this Agreement irrespective of any personal claims or defenses which Buyer may have against Seller. (c) Subject to the foregoing, the provisions of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors in interest, assigns, heirs, and personal representatives. 14.4 Headings. The headings of Sections of this Agreement are inserted solely for the convenience of reference and are not a part of, and are not intended to govern, limit, or aid in the construction or interpretation of, any term or provision hereof. 14.5 Time. Time is, and shall be, of the essence of each and every provision of this Agreement. 14.6 Governing Law. This Agreement is and shall be governed by and construed in accordance with the laws of the State of Colorado. 14.7 Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered, shall be an original, and all of which together shall constitute the same agreement. Buyer hereby acknowledges and confirms that this Agreement shall not be effective, and Seller shall have no liability hereunder whatsoever, unless and until this Agreement is fully executed by Seller. 14.8 Neutral Interpretation. This Agreement is the product of negotiations of the parties, and in the enforcement or interpretation hereof, is to be interpreted in a neutral manner, and any presumption with regard to construction or interpretation for or against any party by reason of that party having drafted, or caused to have drafted, this Agreement, or any portion thereof, shall not be effective in regard to the interpretation hereof. 14.9 Attorneys' Fees and Costs. The prevailing party in any action or proceeding to interpret or enforce this Agreement, or any of its terms, shall be entitled, in addition to any judgment or award upon such action or proceeding, to an award for all costs and expenses (including costs of all legal or administrative proceedings or hearings and attorneys' fees) incurred by such prevailing party or parties, including, without limitation, all attorneys' fees and related costs of enforcement of any such judgment or award and upon any appeal relating thereto. 22 DEN - 29915 -1 14. 10 Joint and Several Obli atg_ ions. In the event this Agreement is executed by more than one person or entity as Buyer, the obligations of those persons or entities are, and shall be, joint and several obligations. 14.11 Severability. In the event any provision of this Agreement, or any agreement or document to which this Agreement refers, is held to be invalid, prohibited, or unenforceable to any extent in any jurisdiction, such invalidity, prohibition, or unenforceability shall apply only to such jurisdiction, and said provision and all other provisions of this Agreement shall otherwise be and remain valid and enforceable. 14.12 No Waiver. No failure or delay on the part of Seller in the exercise of any right, power, or privilege hereunder, or under any other agreement entered into in connection herewith, shall operate as a waiver thereof, and no single or partial exercise of any such right, power, or privilege shall preclude a further exercise thereof or of any other right, power, or privilege. 14.13 Relationship of Parties. The parties intend that the relationship existing between them shall be solely that of seller and buyer, subject to the provisions of this Agreement. Nothing in this Agreement, or in any other document or instrument entered into in connection with this Agreement, shall be deemed or construed to create a principal /agent, partnership, joint tenancy, joint venture, or co- ownership relationship between the parties. Seller shall not in any way be responsible or liable for the debts, losses, obligations, or duties of Buyer with respect to the Property or otherwise. 14.14 No Third Parties Benefited. This Agreement is made for the sole benefit and protection of the parties hereto, and Seller's successors and assigns, and no other person shall have any right of action or right to rely thereon, and the parties hereto agree that nothing contained in this Agreement shall be construed to vest in any other person or entity, any interest in, or claim upon, the rights and interests of the parties hereunder or in any proceeds thereof. 14.15 Duty of Cooperation. Each of the parties to this Agreement shall at all times fully cooperate with each other, and shall cause their respective agents and attorneys to cooperate, in a prompt and timely manner, in connection with the performance of all obligations of the parties pursuant to this Agreement, and which may otherwise be necessary or appropriate to carry out and enforce the provisions of this Agreement. Each party shall execute and deliver to the other party all such documents, notices, and agreements (including agreements in recordable form) which the requesting party shall reasonably require in order to establish, confirm, affirm, perfect, and secure all rights, interests, title, and benefits accruing to each party pursuant to this Agreement. 14.16 Confidentiality. Except as otherwise expressly permitted in this Section, and as may be reasonably necessary to consummate the purchase and sale herein provided, the parties hereto, and each of them, shall not disclose or release, and shall exercise their best efforts not to permit to be disclosed or released by any of their agents, attorneys, or employees, to any person, directly or indirectly, by themselves or any of their respective employees, attorneys, or agents, orally or in writing, either this Agreement or any of its terms, conditions, or covenants, and shall take all steps reasonably necessary or appropriate to preserve the confidentiality thereof, and to prevent any unauthorized duplication, distribution, or release thereof, or of any summary thereof. Notwithstanding any provision to the contrary herein contained, the parties hereto shall not be prohibited by this Section from disclosing or releasing a copy of this 23 DEN - 29915 -1 Agreement or a summary of its terms, conditions, or covenants (a) to any accountant or auditor retained by either party to examine and report on the books and records and/or the financial condition of the parties hereto, (b) if required to do so pursuant to any order, subpoena, summons, or other legal process issued by any court, governmental body, or governmental investigator, by which either Buyer is legally bound to produce the same or Seller is requested or required to produce by a governmental agency or entity with jurisdiction over the Property, (c) in the case of Buyer, to its lenders, attorneys, accountants, and advisers, and in connection therewith Buyer shall exercise its best efforts to have such lenders, attorneys, accountants, and advisers agree to maintain the confidentiality of this Agreement and the transaction contemplated herein, (d) subsequent to the Close of Escrow in the event the sale of the Property contemplated by this Agreement is consummated, and (e) in the event an action is commenced by Buyer or Seller against the other concerning this Agreement. The foregoing covenants shall not apply to any document or the contents thereof which may be disclosed in any public records of any kind or otherwise in the public domain. 14.17 No Recording. Neither this Agreement nor any memorandum of this Agreement shall be recorded in the Office of any County Recorder, or other official records, or otherwise filed in any public record. Buyer hereby waives any right Buyer shall otherwise have to record a notice of pending action in any such action or proceedings to enforce this Agreement. Buyer acknowledges and agrees that Buyer's only remedy for a breach by Seller hereunder shall be an action for money damages, if any, as hereinabove provided. 14.18 Actual Knowledge. Any references to Seller's knowledge in the Agreement refers only to the current actual knowledge of Richard C. Reimer, Senior Vice President of Seller, without independent investigation, and the knowledge of other people employed by or connected with Seller cannot be the basis of any violation of a representation or warranty of Seller under this Agreement. 14.19 WAIVER OF RIGHT TO TRIAL BY JURY, JUDICIAL REFERENCE IN THE EVENT OF JURY TRIAL WAIVER UNENFORCEABILITY. EACH PARTY TO THIS AGREEMENT HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION (1) ARISING UNDER THIS AGREEMENT, THE OTHER LOAN DOCUMENTS, OR ANY OTHER INSTRUMENT, DOCUMENT, OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION THEREWITH, OR (2) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO THIS AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT, OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR THE TRANSACTIONS RELATED HERETO OR THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY. NOTWITHSTANDING THE FOREGOING TO THE CONTRARY, IN THE EVENT THAT THE JURY TRIAL WAIVER CONTAINED HEREIN SHALL BE HELD OR DEEMED TO BE UNENFORCEABLE, EACH PARTY HERETO HEREBY EXPRESSLY AGREES TO SUBMIT TO JUDICIAL REFERENCE ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION ARISING HEREUNDER FOR WHICH A JURY TRIAL WOULD OTHERWISE BE APPLICABLE OR AVAILABLE. PURSUANT TO SUCH JUDICIAL REFERENCE, THE PARTIES AGREE TO THE 24 DEN - 29915 -1 APPOINTMENT OF A SINGLE REFEREE AND SHALL USE THEIR BEST EFFORTS TO AGREE ON THE SELECTION OF A REFEREE. IF THE PARTIES ARE UNABLE TO AGREE ON A SINGLE REFEREE, A REFEREE SHALL BE APPOINTED BY THE COURT TO HEAR ANY DISPUTES HEREUNDER IN LIEU OF ANY SUCH JURY TRIAL. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE APPOINTED REFEREE SHALL HAVE THE POWER TO DECIDE ALL ISSUES IN THE APPLICABLE ACTION OR PROCEEDING, WHETHER OF FACT OR LAW, AND SHALL REPORT A STATEMENT OF DECISION THEREON; PROVIDED, HOWEVER, THAT ANY MATTERS WHICH WOULD NOT OTHERWISE BE THE SUBJECT OF A JURY TRIAL WILL BE UNAFFECTED BY THIS WAIVER AND THE AGREEMENTS CONTAINED HEREIN. THE PARTIES HERETO HEREBY AGREE THAT THE PROVISIONS CONTAINED HEREIN HAVE BEEN FAIRLY NEGOTIATED ON AN ARM'S- LENGTH BASIS, WITH BOTH SIDES AGREEING TO THE SAME KNOWINGLY AND BEING AFFORDED THE OPPORTUNITY TO HAVE THEIR RESPECTIVE LEGAL COUNSEL CONSENT TO THE MATTERS CONTAINED HEREIN. ANY PARTY TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY AND THE AGREEMENTS CONTAINED HEREIN REGARDING THE APPLICATION OF JUDICIAL REFERENCE IN THE EVENT OF THE INVALIDITY OF SUCH JURY TRIAL WAIVER. Seller's Initials Buyer's Initials 14.20 Residential Property Disclosures. Only the extent required by applicable federal and Colorado law, Seller makes the disclosures attached as Schedule 2 to the best of Seller's knowledge. The residential real property disclosures on Schedule 2 are incorporated into the Agreement by reference. Only to the extent of any conflict between the provisions of Schedule 2 and the provisions of the Agreement, the provisions of Schedule 2 shall govern; provided, however, such residential real disclosures are intend to be construed in the narrowest possible manner permitted by applicable law, and it is the parties' intention that the sale and conveyance of the Property to Seller will be "AS IS, WHERE IS, WITH ALL FAULTS, LIABILITIES, DEFICIENCIES, AND DEFECTS, LATENT OR OTHERWISE, KNOWN OR UNKNOWN." [Signature Page Follows] 25 DEN - 29915 -1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth beside their respective signatures below, the latter of which shall be the date of "mutual execution" for purposes of this Agreement. Buyer: PETER IKN04ELA individually Seller: FIRST- CITIZENS BANK & TRUST COMPANY, a North Carolinrtered commercial bank Name: Richard C. l Title: Senior Vice 26 DEN - 29915 -1 Date: � — _� ? , 2012 Date: C4 I Z-�_ 2012 ACCEPTANCE BY ESCROW AGENT The undersigned, Escrow Agent, identified in the foregoing Purchase and Sale Agreement and Joint Escrow Instructions ( "Instructions "), hereby accepts the Instructions and agrees to be bound thereby, subject to such additional or supplemental instructions and general provisions as Escrow Agent shall require which shall not be inconsistent or in conflict with the Instructions. FIDELITY NATIONAL TITLE COMPANY LIM DEN - 29915 -1 Date: .2012 27 EXHIBIT A LEGAL DESCRIPTION LOT 4, BLOCK 8, VAIL INTERMOUNTAIN SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO DEN - 29915 -1 EXHIBIT B APPROVAL NOTICE RECITALS FIRST - CITIZENS BANK & TRUST COMPANY, a North Carolina chartered commercial bank ( "Seller "), and PETER KNOBEL, individually ( "Buyer ") have entered into that certain Purchase and Sale Agreement and Joint Escrow Instructions dated April 27, 2012 (the "Agreement ") with respect to that certain real property in the Town of Vail, County of Eagle, State of Colorado, more particularly described in the Agreement. Capitalized terms not expressly defined herein shall have the same meanings ascribed to them in the Agreement. The Agreement calls for Buyer to deliver the Approval Notice to Seller on or before the expiration of the Due Diligence Period. If Buyer fails to deliver the Approval Notice on or before the expiration of the Due Diligence Period, the Agreement will terminate, Buyer shall be deemed to have disapproved the Property, the Deposit shall be returned to Buyer (less any Escrow or Title Company cancellation charges or fees), and neither Buyer nor Seller shall have any further obligations under the Agreement, except for those which survive the termination of the Agreement. Buyer acknowledges and confirms to Seller: 1. This Approval Notice shall constitute Buyer's "Approval Notice" for purposes of Section 5.4 of the Agreement. 2. Buyer is a knowledgeable and sophisticated investor in all matters pertaining to the type of property being purchased and sold in this transaction. 3. Buyer has been allowed ample time and opportunity to investigate all matters pertaining to the Property relevant to Buyer's decision to purchase the Property. 4. Buyer hereby waives any right of termination under Section 5.4 of the Agreement, and hereby approves all matters pertaining to the Property that Buyer deems relevant to Buyer's decision to purchase the Property. Buyer is hereby irrevocably committed to purchasing the Property in accordance with the Agreement, and Buyer's obligation to purchase the Property is no longer subject to any approval by Buyer. 5. Buyer hereby irrevocably instructs Escrow Agent to release the Deposit to Seller in accordance with the Agreement and to apply said Deposit to the Purchase Price at Closing. Buyer hereby indemnifies Escrow Agent by counsel satisfactory to Escrow Agent and holds Escrow Agent harmless from and against all liability, cost, damage, or expense including attorney's fees and court costs, arising with regard to the undersigned's execution of this Approval Notice and the release of funds from escrow prior to closing. 6. Upon Escrow Agent's receipt of this instruction signed by all parties hereto and upon clearance of Buyer's Deposit, if applicable, Escrow Agent is hereby authorized and instructed to release the full sum of the Deposit of $10,000.00 directly to Seller. Said sum shall DEN - 29915 -1 apply toward the Purchase Price at the Close of Escrow. Buyer agrees that Escrow Agent, its officers and employees as well as any of Seller's Broker or Buyer's Broker have made and make no warranties or representations of any kind, expressed or implied, as to the ownership of or title to the Property described in this Escrow, nor as to any encumbrances or liens thereon, or as to the condition and /or the ultimate outcome of this Escrow, nor to any manner or form as an inducement to make the above payments. Furthermore, fully realizing that no documents in Buyer's favor have been recorded, nor Policy of Title Insurance issued to protect Buyer's interest in said Property, Escrow Agent is nevertheless instructed to release said funds prior to the Close of Escrow. Escrow Agent, Seller's Broker, and Buyer's Broker, and each of them, are not to be held liable or responsible for any loss or damage which Buyer may sustain by reason of releasing said funds, nor liable for the failure of any of the conditions of this escrow, or for the recovery of said money for any reason whatsoever. Buyer is aware and understands that Escrow Agent will not aid in the recovery of said monies in the event the Closing fails to occur for any reason. Buyer has been advised to seek independent counsel with regard to this instruction. Buyer has executed and delivered to Seller this Approval Notice on the date set forth below: BUYER PETER KNOBEL, individually Date: , 2012 DEN - 29915 -1 EXHIBIT C BARGAIN AND SALE DEED [SEE FOLLOWING PAGE] DEN- 29915 -1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Peter Knobel 392 Mill Creek Circle Vail, CO 81657 APN: 2103 - 143 -10 -020 BARGAIN AND SALE DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FIRST - CITIZENS BANK & TRUST COMPANY, a North Carolina chartered commercial bank ( "Grantor'), does hereby sell and convey unto PETER KNOBEL, individually ( "Grantee "), any and all of Grantor's right, title, and interest in and to the real property located in the County of Eagle, State of Colorado, and more particularly described in Exhibit A, attached hereto and made a part hereof, subject to all covenants, conditions, easements, encumbrances, and all other matters of record (the "Real Property "). This Bargain and Sale Deed is made and given in connection with that certain Purchase and Sale Agreement and Joint Escrow Instructions, dated April 27, 2012, by and between Grantor and Grantee, and is subject to the terms thereof. Grantor: FIRST- CITIZENS BANK & TRUST COMPANY, a North Carolina chartered commercial bank By: Name: Title: Richard C. Reimer Senior Vice President [SIGNATURES MUST BE ACKNOWLEDGED] DEN - 29915 -1 STATE OF COLORADO COUNTY OF On , before me, , a Notary Public, personally appeared Richard C. Reimer, as Senior Vice President of First - Citizens Bank & Trust Company, a North Carolina chartered commercial bank, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument, and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public DEN - 29915 -1 EXHIBIT A TO BARGAIN AND SALE DEED LEGAL DESCRIPTION LOT 4, BLOCK 8, VAIL INTERMOUNTAIN SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO DEN - 29915 -1 EXHIBIT D BILL OF SALE, ASSIGNMENT, AND ASSUMPTION AGREEMENT FOR VALUABLE CONSIDERATION, receipt and adequacy of which are hereby acknowledged, the undersigned, FIRST - CITIZENS BANK & TRUST COMPANY, a North Carolina chartered commercial bank ( "Assignor "), hereby sells, transfers, assigns, and conveys to PETER KNOBEL, individually ( "Assignee "), the following: 1. All right, title, and interest of Assignor in and to all tangible personal property ( "Personal Property ") located on, and used in connection with the operation of that certain land and improvements, commonly known as 2851 Basingdale, Boulevard, Vail, Colorado 81657, Town of Vail, County of Eagle, State of Colorado, as more particularly described in Exhibit A, attached hereto and made a part hereof ( "Real Property "), but excluding tangible personal property owned by, or leased from, third parties by tenants of the Real Property under Tenant Leases (defined below), if any. 2. All right, title, and interest of Assignor as lessor in and to all leases ( "Tenant Leases ") relating to the leasing of space in the Real Property and all of the rights, interests, benefits, obligations, and privileges of the lessor thereunder, and to the extent Assignee has not received a credit therefor under the Purchase Agreement (defined below), all prepaid rents and security and other deposits actually received and held by Assignor under the Tenant Leases and not credited or returned to tenants or applied to rents past due prior to the date hereof, but subject to all terms, conditions, reservations, and limitations set forth in the Tenant Leases. 3. To the extent assignable without the consent of third parties, all right, title, and interest of Assignor in and to all intangible property ( "Intangible Property ") owned or held solely for use in connection with the Real Property or the Personal Property for any business or businesses conducted thereon or with the use thereof (other than those businesses conducted by tenants of the Real Property under Tenant Leases), including, but not limited to, leases (other than Tenant Leases), contract rights and agreements (including, but not limited to, service agreements), building and trade names, trademarks, business licenses, warranties, rent lists, advertising materials, telephone exchange numbers, plans and specifications, governmental approvals and development rights, related solely to the Real Property or the Personal Property or any part thereof. 4. If applicable, and to the extent not earlier terminated in accordance with the Purchase Agreement (as herein defined), and provided further that each of them are in the possession of Seller or its agents and assignable without the consent of third parties, the contracts, management contracts, service contracts, equipment leases, and/or maintenance contracts described on Schedule I attached hereto, if any ( "Contracts "). 5. This Bill of Sale, Assignment, and Assumption Agreement is given pursuant to that certain agreement Purchase and Sale Agreement and Joint Escrow Instructions, dated as of April 27, 2012 ("Purchase Agreement "), by and between Assignor and Assignee, providing for, among other things, the conveyance of the Personal Property, the Tenant Leases, the Intangible Property, and the Contracts. DEN - 29915 -1 6. The covenants, agreements, representations, warranties, and indemnities made by Buyer under, and limitations provided in, the Purchase Agreement with respect to the property conveyed hereunder (including, without limitation, the limitations of Assignor's liability provided in the Purchase Agreement), are hereby incorporated herein by this reference as if herein set out in full, and shall inure to the benefit of and shall be binding upon Assignee and Assignor and their respective successors and assigns. Without limiting the generality of the foregoing, as set forth in Sections 3 and 5 of the Purchase Agreement, which are hereby incorporated by this reference as if herein set out in full, the property conveyed hereunder is conveyed by Assignor, and accepted by Assignee, AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATSOEVER NATURE, EXPRESS OR IMPLIED, IT BEING THE INTENTION OF ASSIGNOR AND ASSIGNEE EXPRESSLY TO NEGATE AND EXCLUDE ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE, OR BY ANY DESCRIPTION OF THE PROPERTY CONVEYED HEREUNDER, OR BY ANY SAMPLE OR MODEL THEREOF, AND ALL OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY THE COLORADO UNIFORM COMMERCIAL CODE. 7. This Bill of Sale, Assignment, and Assumption Agreement may be executed in one or more identical counterparts, each of which such counterpart shall be deemed an original for all purposes and all such counterparts collectively consisting of one such Bill of Sale, Assignment, and Assumption. IN WITNESS WHEREOF, Assignor has executed this Bill of Sale, Assignment, and Assumption Agreement as of 2012. FIRST- CITIZENS BANK & TRUST COMPANY, a North Carolina chartered commercial bank By: Name Title: Richard C. Reimer Senior Vice President DEN-29915-1 ASSUMPTION AS OF THE DATE ABOVE WRITTEN, ASSIGNEE HEREBY ACCEPTS THE FOREGOING BILL OF SALE, ASSIGNMENT, AND ASSUMPTION AGREEMENT AND HEREBY ASSUMES AND AGREES TO DISCHARGE, IN ACCORDANCE WITH THE TERMS THEREOF, ALL OF THE BURDENS AND OBLIGATIONS OF ASSIGNOR RELATING TO THE PERSONAL PROPERTY, THE TENANT LEASES, THE INTANGIBLE PROPERTY, AND THE CONTRACTS. PETER KNOBEL, individually DEN - 29915 -1 SCHEDULE I TO BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT CONTRACTS [LIST OF CONTRACTS WILL BE ATTACHED IF APPLICABLE] DEN- 29915 -1 A ♦ t EXHIBIT A TO BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT LEGAL DESCRIPTION LOT 4, BLOCK 8, VAIL INTERMOUNTAIN SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO DEN - 29915 -1 0 1 1. EXHIBIT E CERTIFICATE OF NONFOREIGN STATUS Federal FIRPTA Certificate. Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform PETER KNOBEL ( "Transferee "), that withholding of tax is not required upon the disposition (whether by foreclosure, deed -in -lieu of foreclosure, or otherwise) of a U.S. real property interest by FIRST - CITIZENS BANK & TRUST COMPANY, a North Carolina chartered commercial bank ( "Transferor "), Transferor hereby swears, affirms and certifies the following to Transferee: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations). 2. Transferor's U.S. employer identification number is: 56- 0223230. 3. Transferor's office address is: 700 17th Street, Suite 1000, Denver, CO 80202. 4. Transferor understands that this certification may be disclosed to the Internal Revenue Service by Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. 5. Transferor hereby certifies that Transferor is a North Carolina chartered commercial bank, which is and shall be qualified to do business in Colorado after the transfer. Under the penalties of perjury, the undersigned declares that he /she has examined this certification and to the best of his/her knowledge and belief it is true, correct, and complete, and he /she further declares that he /she has the authority to sign this document on behalf of Transferor. Executed as of the _ day of , 2012. FIRST- CITIZENS BANK & TRUST COMPANY, a North Carolina chartered commercial bank By: Name: Richard C. Reimer Title: Senior Vice President DEN - 29915 -1 DEN - 29915 -1 SCHEDULEI CONTRACTS TO BE ASSUMED BY BUYER [LIST ASAF APPLICABLE] A a SCHEDULE 2 RESIDENTIAL REAL PROPERTY DISCLOSURES Capitalized terms used herein shall have the same meaning used throughout the Purchase and Sale Agreement and Joint Escrow Instructions, dated effective as of April 27, 2012 ("Agreement'). 1. Source of Potable Water Disclosure. TO SELLER'S KNOWLEDGE THE SOURCE OF POTABLE WATER FOR THE PROPERTY IS NEITHER A WELL NOR A WATER PROVIDER. THE SOURCE IS: NONE. SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG -TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 2. Special Taxine Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. DEN - 29915 -1 Product Detail for 49061 OZ KICHLER LIGHTING r'qke Ripley - Outdoor Wall 1 Lt 49061 OZ Outdoor Wall 1 Lt Dia./Width: 12.0 IN Body Height: 10.0 IN Page 1 of 1 Available Finishes: Bringing clean tines to a rustic took, the Ripley collection of outdoor lighting features an Olde Bronze finish that warms Olde Bronze the smooth cone shape of this 1 light outdoor sconce. 12 inch width. Height 10 inches. Extension 13 inches. Rises 3.25 inches above the center of the watt opening. Uses 1 - 40W max (type R) or 1 - 60W (G type) bulb. UL listed for wet Locations. Dark sky compliant with use of R14 40W bulb. Technical Information Type Outdoor Lights Bulb Included Not Included Style Lodge / Country Primary Bulb Count 1 Finish Group Bronze Primary Max Watt 60W Weight 1.5 LBS Primary Lamp Type A15 Body Height 10 IN Voltage 120 Width 12 IN UL CSA Listed Yes Extension 13 IN Body Material Aluminum Height from Junction Box 3.25 IN ro y � bO http: / /www.kichler.com/ products /printDetail.do ?prod_id =49061 &order id= 49061OZ 5/2/2012 APPROVED BY THE TOWN OF VAIL DESIGN REVIEW BOARD DATE: S' �` I a PLANNER: A _ C cO UMC'7ijE UN6o�n0 �KpLbod<}Ui —°° NOON p Q0cU 'H a � ogc O o O U 6 N n a E 2 N 6 'N U ^` U_ V ^J� E S.L 0 _W V € 04 > �41 8 N � V O co •N 6M N �>�O� mCO N'D 0 Y � Up &. —OZ 60 L0 0° m U �w "n•0 N °aN> Issue Date vRS Sinmh.w� �1/7N0'1 vies 6.emieewn o6noroe DRB 6ibm. rnkions 04/OD/OD �IeB 5ibm. rev6iolM 04/16/06 ORB 9Wn. 06/0212 .fob number: awi Drsun by: MP Checked by: Imp yr im nmc: South Elevation Rendering sheet N+ ben TOM Block 8,, Intermountain .a - ! 210314310020 2851 Basingdale Boulevarde Vail, 81657 5= General Contra ctor/Develo per Da i Builders 1936 West Gore Creek Drive * 81657 Mike Dantas - (970) 376-5444 Dave Dantas - (970) 376-6111 Structural Engineer KRM Consultants. Tim Hennum O Box Vail., 8165 tel - (970) 949-9391 fox - (970) 949-1557 C*iv*il Engineer, SAC Design Groux, Chriis Todd 15967 South Golden Road Golden., CO 80401 (303) 974-3007 fax 974-3007 La.nd Surveyor Peak Land Consultants John Fee 1000 Lion's Ridge Loop, Suite 1 D Vail, CO 81657 tel - (970) 476 -8644 fax - (970) 476 -8616 5HEET INPEX Topographic Map - Survey rW1 retaining YNall Pe5ign Cover Sheet R^2 retaining YNall Pe5ign General Notes R^3 retaining Wall. Design Ygall Plan View RN4 Retaining Wall resign Elevation Views RN5 retaining Wall Pesign Typical Cro55 Section A1.1 Site 4 Grading Man A1.2 Landscape Plan A1.3 Snow Storage s Tree removal Plan A2.0 Square Footage Analysis A2.1 Lower Level Floor Flan A2.2 Main Level door Flan A2.3 Upper Level Floor Flan A2.4 roof Plan A3.1 South Elevation A3.2 Nest Elevation A3.2 North elevation A3.4 East Elevation Aci.1 reflected ceiling Plans 51 5pecif icat ions 52 Foundation Man 55 Main Floor Framing Plan 54 Upper Floor / Low Roof Framing flan 55 roof Framing Flan 56 Leta i 15 51 Leta i 15 55 Leta i l5 7971 *,,1es,i-gn I shop.. inc,, PO Box 288 095 Willowstone Place Gyspum, CO 81,637 c - 970 - 390 -4931- - - f - 970 - 524 -1557 michaelCmppdesignshop.com t t l�'� L mate DR5 Suomi eion 11/26/0 7 Ci 03/20/05 DRS Subm. revision 0 -0 0 2 � E�° � 0 O V N 0 �� Q-( C. Q C ,.n 0, E (0 00 a) ..� V 0 Job number: Drawn by: -- - -. - -- Checked bey: Drawing Tide: I55ue mate DR5 Suomi eion 11/26/0 7 O �- EON 0 03/20/05 DRS Subm. revision 04 /05/05 -0 0 V) R-- 05/14/05 0 �� co 0o F z L.0 a r--- U �{ o. ' Lr) (0 00 3..... 00 • N -0 3 n«l> Job number: Drawn by: -- - -. - -- Checked bey: Drawing Tide: I55ue mate DR5 Suomi eion 11/26/0 7 DR13 Submission 03/20/05 DRS Subm. revision 04 /05/05 DRS 5ubm. revision 04/16/05 Suidling Permit 05/14/05 Job number: Drawn by: -- - -. - -- Checked bey: Drawing Tide: � � � �.%f ,r .. , � ,, and _ O- !Y _ ,,• .. � 117�n��F��1, CURVE TABLE" CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING G1 20'23'57" 165.10' ' 84.72' 43.31' 1 83.77` N57'58'12 "E i COMMON NAME BOTANICAL NAME. 51ZE allANTITY A COLORADO BLUE 5FRUCE VICE PUN&E'N5 aUAKIN& ASPEN MIXED 5HRUB5 5ERVICE BERRY 5NOkN BERRY NOTE '- NO LANZ;SC,,APE'-- LI&HTINC-715 PROP05EP, ALL P15TURBEP AREA5 OF THE 51TE, TEMPORARY DRIP U1 INCLUDING BENCHE5 BET^EEN RETAINING IRR16ATION ALL IRK16ATION 5Y5TEM5- kNALL5, TO BE REVE6ETATED 1^V THE TO HAVE RAIN 5EN50R FOLLO^INCv 5EEP MIX AT A RATE OF 42 KEYSTONE BLOCK SEED % MIX RETAININ6 AALL 5H'EEP.FE5CUE 20 CREEPING RED FE5CUE 20 CDCDC)C) 13OULDER CANADA BLUE 6RA55 20 RETAININ6 YLALL -.CANBY BLUE 6RA55 20 (5UARD RAIL ROCKY MTN KLDFLOINER MIX i= 1A1 A -r-= FLO^ LINE,' UTILITY LINE5 &A5 ) Feet EWER MANHOLE 064 EAS. RIM ELEV. 7900.3' IV. IN ELEV. 7892.9' IV. OUT ELEV, 7892.7' 7900.4' -A, I 155ue Date C>RB submission 11/25/0-1 00 00 N cy) 0�- C), 04/05/06 0°-°Q04 I U d 05/1j/dA 0 a) 0 C"- N C (-) Cy) Lf) 0 C- Q- CL 0 "(/) C:) f." C: cj)� 0. 'Act U r-- , 0, 0 Z;j 01 CL N 00 > Q U 7C) V) Lr) E C: WA"N -C E 7C) Q- E -A, I 155ue Date C>RB submission 11/25/0-1 D 0 E (3) 0 > c) 04/05/06 0 04/16/08 C) (y) 05/1j/dA > 0 Cn 00 N v U {j .g ()0 OZ LO cc Z80 �ca() 00 'Act U r-- , 01 CL N 00 > -A, I Job number: Drawn by: Checked by: Drawing Title: Landscape Plan 1 " =10' -0 Sheet Number: A1.2 155ue Date C>RB submission 11/25/0-1 VRB Submission 03V20/05 VK5 Subm. revisions 04/05/06 DR5 5ubm. revisions 04/16/08 Buldling Permit 05/1j/dA Job number: Drawn by: Checked by: Drawing Title: Landscape Plan 1 " =10' -0 Sheet Number: A1.2 ) Feet CHORD BEARING N57-58'12"E EWER MANHOLE 064 EAS. RIM ELEV. 7900.3' IV. IN ELEV. 7892.9' IV. OUT ELEV, 7892.7' 7900.4' EX15TINC-7 EVEK695EN, 51ZF A5 10 F - 0 TO BE REMOVEP INPICATEP C r) '0 u) C C009) x cO 4 EX15TIN& ASPEN 51ZE A5 0 CID TO BE REMOVED .65 INPICATED CO 04 70 0) 0 cc: U -C 0 C:> 0 *NOTE: EXISTING TREES A5 A5 5H41NN 00 —C ON SURVEY. OTHER EXISTING TREES' C, U -, 4.- V) ) Feet CHORD BEARING N57-58'12"E EWER MANHOLE 064 EAS. RIM ELEV. 7900.3' IV. IN ELEV. 7892.9' IV. OUT ELEV, 7892.7' 7900.4' Job number: Prawn by: Checked by: Drawing Title: Snow Storage Tree Removal Plan 111"101-091 Sheet Number; . A1.3 155ue Pate F - 0 J 0 C r) '0 u) C C009) x cO 4 04/1&/08 cy) (D 0 CID CO3 a) 0 C14 Q. 0 CO 04 70 0) 0 cc: U -C 0 C:> 0 co 00 —C CN C, U -, 4.- V) LO 0% E C: 0) V) Q) U •E 7() Job number: Prawn by: Checked by: Drawing Title: Snow Storage Tree Removal Plan 111"101-091 Sheet Number; . A1.3 155ue Pate iD 11/25/0"7 -0 0 C:) E 05/20/05 00 04/06/095 VR5 50m. revisions 04/1&/08 cy) (D 05/14/05 > • CO 04 70 0) V 0 7— L.0 co 00 L0 CN 4- 000 CL N -0-j Job number: Prawn by: Checked by: Drawing Title: Snow Storage Tree Removal Plan 111"101-091 Sheet Number; . A1.3 155ue Pate DRS Submission 11/25/0"7 OR5 Submission 05/20/05 DK5 50m. revisions 04/06/095 VR5 50m. revisions 04/1&/08 13uidling Permit 05/14/05 Job number: Prawn by: Checked by: Drawing Title: Snow Storage Tree Removal Plan 111"101-091 Sheet Number; . A1.3 5-1 5-2 5-3 5-4 5-5, 5 -6 WALL AREA - 26 50 FT 5-5. AREA BELOW WALL AREA - 1160 FT WALL AREA - q2 50 FT WALL AREA - 86 50 FT WALL AREA - 46 50 FT WALL AREA - 111 5a FT WALL AREA - 30 50 FT WALL AREA - 255 50 FT WALL AREA - 142 50 FT WALL AREA - 255 SO FT AREA BELOW AREA BELOW AREA BELOW AREA BELOW AREA BELOW AREA BELOW AREA BELOW AREA BELOW AREA BELOW GRADE - 0 ea FT GRADE - 24 50 FT GRADE - 5*75a FT GRACE - Bq 5a FT GRADE - q7 5Q FT GRADE - 1550 PT GRADE - 55 50 FT GRADE - 55 50 FT GRADE - 76 SO FT N*11 N 5-11 WALL AREA - 4*7 5a FT WALL AREA - 10 SO FT AREA BELOW AREA BELOW f f fJf x GRADE - 20 5a FT GRADE - 55a FT f' j Nlll� X, 7-7 N N N X, X1, ,, x X Y4E5T UNIT N UPPER LEVEL yq-3 W -5 W -6 Y4-6 Yq-'7 N-5 AREA 6RF, , \N`. WALL AREA - 50 FT WALL AREA - 61 50 FT WALL AREA - -75 50 FT WALL AREA - M 50 FT WALL AREA - cil 50 FT WALL AREA - 14 50 FT WALL AREA - c10 50 FT WALL AREA - 55 50 FT WALL AREA - 125 50 FIT, V N X., 1,114 50 FT AREA 15ELON AREA BELO�N AREA BELOW AREA BELOW AREA BELOW AREA BELOW AREA BELOW AREA BELOW AREA BELOW V 13 SOFT C-,RAVF- - 0 50 FT GRADE - 0 so FT 11, INS\ GRADE - 0!50 FT GRADE - 150 FT GRAVE - 10 50 FT GRADE - q2 90 FT GRADE — 56 50 FT C7R.ADF- - 10 50 FT GRADE — "N N, X \X X, N-1 N-2' WAL L AREA - 1150 FT WALL AREA - 503 SO FT AREA BELOW AREA BELOW GRAPE - 0 50 FT GRADE - 0 50 FT N-B N-4 WALL AREA - qe, 50 FT WALL AREA - BOB 50 FT AREA BELOW AREA BELOW 6RAPE 55 50 FT GRADE - 0 50 FT F--1 5,-11q 50 FT E-4 WALL AREA - 7 550 FT WALL AREA - 2q 50 FT WALL AREA - 26 50 FT WALL AREA - 285,50 FT AREA BELOW AREA BELOW AREA BELOW AREA BELOW GRADE - 5 50 FT GRADE - 10 50 FT GRADE - 1090 FT GRADE - 25S0 FT LOY41ER LEVEL (5RFA ANALY515 TOTAL LONER LEVEL WALL AREA - 5,-11q 50 FT WALL AREA BELOW GRADE - 175 50 FT 016 OF WALL AREA BELOW 6RAPF- - 21% AREA BELOW PRIMARY UNIT AREA BELOW AREA BELOW LONER LEVEL FLOOR AREA - 1,674 50 FT 21016 OF FLOOR AREA - 552 50 FT LONER LEVEL &RFA - 1,522 50 FT 5ECONPARY UNIT v) E r--, K 6), V) LONER LEVEL FLOOR AREA #1- 705 50 FT 21016 OF FLOOR AREA - 155 90 FT LONER LEVEL #1 ORFA - 555 50 FT LONER LEVEL FLOOR AREA #2- 843 50 FT 21016 OF FLOOR AREA - 177 50 FT LONER LEVEL #2 6RFA - 666 SO FT C7RFA ANAL Y515 - PRIMARY UNIT C- UPPER LEVEL c5RFA - 1,114 5a FT MAIN LEVEL 6RFA - 1,0-qq SO FT LONER LEVEL 6RFA - 1,522 510 FT GARAGE 6RFA - 0 SO FT PRIMARY UNIT (5RFA 5,555 5Q FT 6RFA ANALY515 5ECONVARY UNIT UPPER LEVEL 6RFA - 577 50 FT MAIN LEVEL C7RFA - 534 50 FT LONER LEVEL #1 6RFA - 553 , SO FT LONER. LEVEL #2 GRFA - 666 So FT GARAGE C7RFA - 0 50 FT AREA OVER 16 HIGH - icl 56Z FT 5ECONPARY UNIT 6RFA 2,671 50 FT ALLOY TABLE 5ECONPARY UNIT 6RFA 2,bc[4 50 FT PIFFERENCZ; -15 50 FT TOTAL PROJECT &f;ZFA 6,214 50 FT ALLOKABLE 6RFA - 6,154 50 FT DIFFERENCE - -520 SOFT N-5 WALL AREA - 568 50 FT AREA BELOW GRADE - 0 50 FT U r.- *now w K LEVEL FLOOR PLAN %mop 5,-ALE: Ye," = 11-011 x" N-6 WALL AREA - q 5a F �x V, AREA BELON GRADE - X\ i 5a FIN N\ N ER LO L' Y�ALL AREA / 6RFA ANA' � _-- �N F.; y "EL 4.0w I 4/ C;e-,Ai F- W' = V-0" J 'XX, N >x X" JNEST UNIT MAIN LEVEL FLOOR AREA - &RFA,-, N 1,4qcl 50 FT ,x N X, N X, LTV FL OOR LA,,s )MAIN Lr\/EL SCALE: Ya" = 11-011 N-:2 Ye5T UNIT 6ARA6F- AREA 55150 FT \X. \x. x N-1 N` X N -4 7777 x N-3 W 1_ \ .. t'".�... ,_ ``i k �`.,i`'� 't .� % .�� 7 N 77- 77, N -:2 kNE5T UNIT LOWER LEVEL FLOOR AREA 1,674 50 FT N A\ . � � A" N� Z x . . . . . . . . . . . X X, 'x 'x I N., tu r—,--�.LOYNFER LEVEL FLOOR PLAN EA5T UNIT UPPER LEVEL FLOOR AREA - 6RFA 577 5a FT \1 NI WALL AREA - 60 50 FT WALL AREA - 5050 FT WALL AREA 60 50 FT WALL AREA - 201 50 FT AREA BELOW AREA BELOW AREA BELOW AREA BELOW GRADE - 25 5a FT GRADE - 11 50 FT GRADE - 5 50 FT '(5KADE - le, SO FT ER LO L' Y�ALL AREA / 6RFA ANA' � _-- �N F.; y "EL 4.0w I 4/ C;e-,Ai F- W' = V-0" J 'XX, N >x X" JNEST UNIT MAIN LEVEL FLOOR AREA - &RFA,-, N 1,4qcl 50 FT ,x N X, N X, LTV FL OOR LA,,s )MAIN Lr\/EL SCALE: Ya" = 11-011 N-:2 Ye5T UNIT 6ARA6F- AREA 55150 FT \X. \x. x N-1 N` X N -4 7777 x N-3 W 1_ \ .. t'".�... ,_ ``i k �`.,i`'� 't .� % .�� 7 N 77- 77, N -:2 kNE5T UNIT LOWER LEVEL FLOOR AREA 1,674 50 FT N A\ . � � A" N� Z x . . . . . . . . . . . X X, 'x 'x I N., tu r—,--�.LOYNFER LEVEL FLOOR PLAN EA5T UNIT UPPER LEVEL FLOOR AREA - 6RFA 577 5a FT \1 NI 00 c-4 M L0 LJ 6 ()"- Lo > 0 1q SO FT 10 x , r— 0c) 4d Q0 ) o 0 N EA5T UNIT &ARA6F AREA 555 50 FT '174111 X x Z/- EA5T UNIT X MAIN LEVEL o/ FLOOR AREA - 6RFAI/'/ 534 50 FT -/X F.A5T UNIT LONER LEVEL # FLOOR AREA 755 5<2 F1 /LOkNF-P, LEVEL 6RFA 563 50 FT e —Ci 5-5 N-5 159 U e Pate VR5 5ubmis5ion 11/25/0'7 )mission 03/20/05 EA!5T UNIT VRB 5uL >/XZ LOY4F-R LEVEL #:2 D" 5ubm. revisions- 04/08/05 FLOOR AREA 545 50 FT ORB 5ubm. revisions 04116105 5uidling Permit 05/14/05 X //LOWER LEVEL &RFA Ta 77 7 X LU / X// rff i;?— I Lo/ WWI- Job number: Vrawn by. Checked by. Vrawing Title: Floor Area Calculations N 5heet Number: 00 c-4 M L0 LJ 6 ()"- Lo > 0 10 x , r— 0c) 4d Q0 ) o 0 N 0 tL 0 0 -f-- , C) CO 0 Lo v) E r--, K 6), V) Jc: Lo 0, E C- AA U E E N-5 159 U e Pate VR5 5ubmis5ion 11/25/0'7 )mission 03/20/05 EA!5T UNIT VRB 5uL >/XZ LOY4F-R LEVEL #:2 D" 5ubm. revisions- 04/08/05 FLOOR AREA 545 50 FT ORB 5ubm. revisions 04116105 5uidling Permit 05/14/05 X //LOWER LEVEL &RFA Ta 77 7 X LU / X// rff i;?— I Lo/ WWI- Job number: Vrawn by. Checked by. Vrawing Title: Floor Area Calculations N 5heet Number: D 0 0 E C) > 0 0 V) cy) > C) 7,) LQ 00 *10 0) V 1 • (.) *c 00 0 Z� b t.0 CO 00 Lo 01 F) OC19) >u N-5 159 U e Pate VR5 5ubmis5ion 11/25/0'7 )mission 03/20/05 EA!5T UNIT VRB 5uL >/XZ LOY4F-R LEVEL #:2 D" 5ubm. revisions- 04/08/05 FLOOR AREA 545 50 FT ORB 5ubm. revisions 04116105 5uidling Permit 05/14/05 X //LOWER LEVEL &RFA Ta 77 7 X LU / X// rff i;?— I Lo/ WWI- Job number: Vrawn by. Checked by. Vrawing Title: Floor Area Calculations N 5heet Number: (. PRIMARY UNIT � ECONVAR.Y UNIT ..i- -- - _ 1•0 S- h 4 2 1 . 5'-Oy 5' ? I 6-, °11 / , ' €' �SY q/4 65/ 4 " „ 15'-U" Y " 4'- Y2 `,_�„ 5Y2' 5Y2° 13 " -8" . Y " 11, 11„ Y " 11'_7„ y %-r ----------- - -------- t.J1 ------------ II II ___________ 1_ I I I i L 1 r- -I - - - -- - - - - - -- i I 1 C _- - L_1 !_J I ! I 3' -4q /b' I I i i j I I , -- ------- - -7 �------------------------ -- -- � L -------------------- . f I t i - LJ t 1 �� 4>1 r__ ___ ___ ____________ __ -____ �_______- ____ -- -- -__ ______� I i I t '' - ---------- - - - - -- ___ ____ --- -------- -- ----------- I r -- - - i I f - - _ i t t I I.J t € 11 r 5ECONPARY UNIT' .. t 150 PT w_,..._..... _ ............. _. s ; .......... ! Y .................. ...,_ - - - -- .,,..,...,.,,. € FAMILY FAMILY ti ti ROOM i g I i{ t j ~I -� i ' % ROOM I t t � I t I s •� � � t - � z i € _ .," " I � is F is I I _ =s si t _........._ ._....w _.........._...,._. wu........ f -10 2 ._ :� .._.......,.... _....... 4' -3Y' 4" 5' -8Y" �` i`` - BEZ7ROOM # BEDROOM #2 ; � �- �i " -1" Y 5' -6" 5 2 2t- " • °. � '� � i--r' j ; �......Y .....: - . ;....u........ F3RIMA0,Y UNIT I - _ m E3ATH P J _s t _ - I I I I LOYeR LEVEL ,c„ ` , , T T # L s _., cask 1,674 50 FT ; EL - 4' -0Y2" Y " 4, -0y2Y, I f -� i i QS Rft.. i; i - -- - -- i i---- - - - - -- r ,4TH IiI ta.i sl - � I I OL i I T.O. -75-70--0" c,axc '' -.�.2 _1 Y ______ tai- BATH -- - - �-o I t-- --, I I BEDROOM #5 AD. v- i I a -" ry -i ;?7S _ I I _� - -- t .J i - !11 Z T.O. GONG I �` t I_ t I I _- # EL '18'76' -6" 1 I StL _- e i ; I I _ - - - - -_ ,. ;......4' -2Y�' 6' -11° 3' -1 ©Y2' 'ry ------ - - - - -- i;-- - - - - -- t 1 t I t BEDROOM #14 �- - -- -�, -- - - - - -- _- r _ - - - - - -- - --I �-- - - - - -- 1 � w r - -- I I t -a ___ n _s r 1 I I �i a• tt1 - - - -- `j --- - - - - -J BATH I , ##j IL t; I � � ►� t � � � 1 I i I I o i€i T.O. PLYNOOD � � r I S , ( PARATION REQt1fR1�E} BC'iWJE�l�1 I GLaSET #5 o t t t VfigMICAL ROOM AN©,RESIQr =NQM I t , Vochsniwl rooms with an iec a of e u � � ft perhourir�ed shell be separat+at� I i Mtte �dencewith 5184nc# type x SYt 1 „ 4Y" 11 LAUNDRY in i i ---------------- - -- -- - - - --u i I �1ol�dlontth9m ticairoaaetride I I � � I GLaSET 4 ��� b�lween,lhel noo�ee�+al>let�'der�cs 1 ( _ shall be equipped with adid woad doom riot less than I MEGH,4NiG,4L �- •E K � W •V :D 0 p E ��--- 00 • "" �_ d 00 C.n •Z3 cry (D C) Co �_y' Sri..• . i ~ ~ U 00 Co N;t Lo •— - - - ' - - - _- -_ - - -- - "� - - - - - - - - - -� _ " in thie# ess, eolid�r horiseyeem>f3 rye eel - - - L - - - _ floors not less than 13/8 -inch thick. ar2D•l&ut0 1 fire rated dows. I , T------ ------ I I55ue lute t _ _ _ _ _ _ - 4+ _ _ _ t _ - I _ _ _ _ _ - _ _ ( _ I--i— — — _ — _ — -°r — — — -- — __ — — — — — — _ — _ _. — _ — __ _J DRS Submission 11/28/Oi V 4iY - . _� I1I - 1 I I- I - --- t l+Alf,FA$i`!"N�C1PR�llE.E1MNDCfi DfS 9ubmi5sson ca3 /2o /aE 1--------- . - - - -.I f - _ - I - _ - I _ - - - I _ _ - 1 - - - - - - - - - - I OR DOOR APPItOV'EC? FOR EMERGENCY - _ - _ - K� SLEE I�SIC�BOCK I I n A DR}3 Subm. revision 04 /OS /Of -I � DRE3 Subm. revision • 04116108 it ......�.....�...� es� uctr_Lis.wt W[!WFA Suidling Permit 0511410A .lab number: Drawn by: Checked by: Drawing Title: Lower Level Haar Plan 114, = 1 -0„ Sheet Number: A2.1 s ul c cO 0 0 >--- �, L M�� 0 c c M n ,� ..fir: 0- E E C D • �sr { %� W •V :D 0 p E ��--- 00 • "" �_ d 00 C.n •Z3 cry (D C) Co �_y' Sri..• . i ~ ~ U 00 Co N;t Lo •— - - - ' - - - _- -_ - - -- - "� - - - - - - - - - -� _ " in thie# ess, eolid�r horiseyeem>f3 rye eel - - - L - - - _ floors not less than 13/8 -inch thick. ar2D•l&ut0 1 fire rated dows. I , T------ ------ I I55ue lute t _ _ _ _ _ _ - 4+ _ _ _ t _ - I _ _ _ _ _ - _ _ ( _ I--i— — — _ — _ — -°r — — — -- — __ — — — — — — _ — _ _. — _ — __ _J DRS Submission 11/28/Oi V 4iY - . _� I1I - 1 I I- I - --- t l+Alf,FA$i`!"N�C1PR�llE.E1MNDCfi DfS 9ubmi5sson ca3 /2o /aE 1--------- . - - - -.I f - _ - I - _ - I _ - - - I _ _ - 1 - - - - - - - - - - I OR DOOR APPItOV'EC? FOR EMERGENCY - _ - _ - K� SLEE I�SIC�BOCK I I n A DR}3 Subm. revision 04 /OS /Of -I � DRE3 Subm. revision • 04116108 it ......�.....�...� es� uctr_Lis.wt W[!WFA Suidling Permit 0511410A .lab number: Drawn by: Checked by: Drawing Title: Lower Level Haar Plan 114, = 1 -0„ Sheet Number: A2.1 - - - ' - - - _- -_ - - -- - "� - - - - - - - - - -� _ " in thie# ess, eolid�r horiseyeem>f3 rye eel - - - L - - - _ floors not less than 13/8 -inch thick. ar2D•l&ut0 1 fire rated dows. I , T------ ------ I I55ue lute t _ _ _ _ _ _ - 4+ _ _ _ t _ - I _ _ _ _ _ - _ _ ( _ I--i— — — _ — _ — -°r — — — -- — __ — — — — — — _ — _ _. — _ — __ _J DRS Submission 11/28/Oi V 4iY - . _� I1I - 1 I I- I - --- t l+Alf,FA$i`!"N�C1PR�llE.E1MNDCfi DfS 9ubmi5sson ca3 /2o /aE 1--------- . - - - -.I f - _ - I - _ - I _ - - - I _ _ - 1 - - - - - - - - - - I OR DOOR APPItOV'EC? FOR EMERGENCY - _ - _ - K� SLEE I�SIC�BOCK I I n A DR}3 Subm. revision 04 /OS /Of -I � DRE3 Subm. revision • 04116108 it ......�.....�...� es� uctr_Lis.wt W[!WFA Suidling Permit 0511410A .lab number: Drawn by: Checked by: Drawing Title: Lower Level Haar Plan 114, = 1 -0„ Sheet Number: A2.1 2b' -b" 00 a) r-, I-' E 1:21-00 r 4o 00 U (y) " o 0% LO 0 qt-011 qt-.01, f__ "t _ (j x & 6_01. 41-011 0 0004 6- 0,- N 0 c CO LO - c 0 & d- c) 0 c DL E CP, 0,5 -2 PROW 1E AT LEAST ONE OPERABLE WINDOW OR E OOR APPROVED FOR EMERGENCY ESCAPE 14 EACH SLEEPING ROOM OR SASEME T 0- am, kL C M Q_ ----------- ---------------- 01% r ---- t --------- - ----------------- MAXI UM FINISH SILL HEIGHT-. 44-INCHES -------------- --------------- 4-1 I MINIMUM ET CLEAR OPENING HEIGHT.- 24-INCH 'S --------------------- MINIMUM ET CLEAR OPENING'W.IDTH., .20 -INCH E S 4. i ''MINIMU TOTAL, NET CLEAR OPEA I f � � . � t� NQW "I r - - -_ ------- ------------------------ -4— . .......... . . ------ r ir I F' I? j< t RESIDE"AL STAIJWAYS SMALLtOM "L F -0 OLJ_ -V_Na of 7 3144 s and aminhuiflift0depM41 0 c 4riches wfthnomoree than rich variation *Minimum width of staitw ss, I 60 1 not be less than 364hodies, ........... .......... • Inhum headroom clearanowe 6-foot 8-Inches DECK LIVIN& 1.1.1-...., N_- I I / . I I / I . I # Stal ot vertically WMeen,fandings rways,shall not rise more th in 12-1b L See IRC for special reOulremen s of circular, spiral and winding stairs .......... ........... • Open risers are perm!00. prov led that the opening between treads .......... t ot assage of 44nch diameter I DINING passage of .............. does n permit the r sphere Handgrip size shall be 1114 -in i to 2-inch diameter In Oro" $SCUM A handrail Is, reqqireo on at leas, one side of the stalrWay at 34 to 38-inches above the tread nosing —j- .......... 1 Uandmif-erlds to be returned to Nall or terminate In no" posts ......... . ji ------ Handrails shall be. continuous -b atween landings r4 -Mandrails are required on all stahways with 4 or more risers iz PRIMAkY UNIT ........ ............ 4--5Y4" 4'-5Y4" r--- --- r - - - -_ ----- --------- MAIN Lff\/EL i ......... --------- 1,oqq go FT .................. ............. I r 7— SAFE GLA "EZINc I r RE( _AR 5ECONVARY UNIT 10 11K T.O. PL-tpoop 11 EL -756B'-O" J 52M50 FT MAIN LF-\/F-L 20 IPMMMMMMMMIR.- 534 50 FT c ---------- 4' 4'-0Y21J ---------- T11 J'J a) 0 Z 13 'PANTRY EN > , . 1 0 0 ---- CL4---- 0 0 ----- ------ MA517F-R __j OL T.O. PLYkNOOP ----------- ----- I \ \.j / (1) C) BEDROOM _T_ DECK KITCHEN '�-F EL '7552t-b" -------- ------------ co 0 — ------ --- -------- ------------- ca --- --------- ---------------- I = = co 0 MA5TER PATIO 0— 7 ------ 71 OF > 0 76 r,, .4; -------- --- ------ ci\x �CL05ET LO ........... co "0 # T.O. CONCRETE -------- ----------- r \�F EL ........... ---- ---- PARKi PAR U 0o W6\5FAC KIW6\5PACr= 0 ------------ ca -�5 U I I = .1 1 Z 0 -------- ---------- j LO Q�N' G SM L C M M"' UM FIN' MINIMUM E CLEAR j MINIMUM ET CLEAR MINI I Mj TOT .L41 Tj ... .. •..... to C - NK WJH IH :30 4'-V co -- 4-7 Lo I LEVEL #1 Lo - ------ Z 00 tu to 1 '755 50 FT CN of N > �� I t 1 � I/ � i ----------- - ------ -------- 110 Af-, T.O. PLYWOOD 01 . ....... a __ — i I - -------- — T.O. CONCRETE L ----- ti L '7652' 5" , i 11 1 MECHANICAL W LIJ W I Issue Yf' i- _tf I Date , U_ I q1V 1 L1. I L — — — — — — — 7 E3 - — - — - — - — -- — - DR15Swbmirp6lon 11/215/07 II ON 4) F`AT0 E3 LL I OL DRS Submission 03/20/08 lb — OR5 5ubm. revision 04/08/08 — - - - - - - - - - T.O. CONCRETE w '--F EL 7554'-q" LL ORB Subm, revision s 04116105 ---- ------ < L ------------- 5ujdling Permit 05/14/05 - ------------- ------------ PRIMARY UNIT ELECTRIC METER LOCATION b' -O" ( b' -0" 11,_ , All - q/a 12-44" "t-L Job number: 01 C Drawn by: 4'-0" Mumma NW-0 11-15 wan any PC* of equowat Checked by: ow Ing 8t PWhWkWAsWbe*"W8W Drawing Title: Main Level '71-65" :26-C)" Wd Nd#M Floor Plan it 1/4' 4 = 1I_0 9WAPE ANQ 129-WDENt"1111 T.o. PL Sig -b . ....... .......... - ------------------ ! . I -1 a y % V ild-N L! EL -1510'-0" Z ci V GLAZING 0 E ENPR Y _ U IRW 3y2,. T.O. CONCRETE FL 5q0'-Q I I LAUNDRY MASTER ZZ 4, BATH T. Z 0 L N 07 f 6 L—Y–Y q O_ (5r 5 XN L IL H, PFA-5TF- ------ /� PATIO Lvwfl�� 1 1 1 OL05ET Iz- V, 9 -4. ----- -- a __ — i I - -------- — T.O. CONCRETE L ----- ti L '7652' 5" , i 11 1 MECHANICAL W LIJ W I Issue Yf' i- _tf I Date , U_ I q1V 1 L1. I L — — — — — — — 7 E3 - — - — - — - — -- — - DR15Swbmirp6lon 11/215/07 II ON 4) F`AT0 E3 LL I OL DRS Submission 03/20/08 lb — OR5 5ubm. revision 04/08/08 — - - - - - - - - - T.O. CONCRETE w '--F EL 7554'-q" LL ORB Subm, revision s 04116105 ---- ------ < L ------------- 5ujdling Permit 05/14/05 - ------------- ------------ PRIMARY UNIT ELECTRIC METER LOCATION b' -O" ( b' -0" 11,_ , All - q/a 12-44" "t-L Job number: 01 C Drawn by: 4'-0" Mumma NW-0 11-15 wan any PC* of equowat Checked by: ow Ing 8t PWhWkWAsWbe*"W8W Drawing Title: Main Level '71-65" :26-C)" Wd Nd#M Floor Plan it 1/4' 4 = 1I_0 9WAPE ANQ 129-WDENt"1111 L WE 00 0 00 CY) C11) LO N ZO 0- Lo 0 X t1 00 CS 4 p 2t-0" 0 O�, N SEPARATION EouiREo aer ca a) 0 (Y) 4 R 4'-& The WSP shall b0 separated from the 0 0 U At c"IdReLd residermandhWe 171 4- 0 C:) �nnTH THE F4 *MR by ra less than 1/2" L gypsum board applied to the "me side CP, C), dWheVM of *1 3144rr_hes and a MIrAmUMt%W1de0h of Gwag" beneath habitable rooms shall be separated ftm sp 01 11 habitable rooms above by not less tha"* 5/8" TYPO X gypsum board 0 V) QY Writhes with no more than 318-Inch variation. V*W* the 80178ration Is a floor-ceiling assembly, the structure 0 j. IhImum vAdth.of ltalnms shall not be less #m 364ocho U 4- 4'-0" sfoot 8-incheg 11114PPOrling the Separation shall alsl6b'S'PrOloicted by W loss then MUM headroom clearance of IN 11r gypsum board L�o airways shall not rise more than 12-foot v9roc4lly, be"n landint 1 Openings bft4ee6 the Q. special requirements Of circular, spiral and winding stai's garage and residence shaft be SQUIPW With 011 ee IRC for sPe between tread s Wd wood door* not less than 13/8" in thickness, sor -honsycoml I C: E it, re permitted, provided that the opening Id or pen risers 8 of a 4-Inch diameter sphere me OW dow not low than I 31W thick, or 20.mhft fira, W,9d door$, does not permit the Passage a t landgrip site sheill be I 114-inch to 2-Inch diameter in cross Secti (D rail 1 required on at least one side of the stairway at ji � hand s -------- ---------- ------------------ 4 , to �8_j6c�es� above the tread nosing --- ------- 1� st tanjd.4it ends to r ------------- be returned to wall or terminate in newel po s j I _j �e5j r — - — - — - ,WqtMs_betmzen landin E r ---------------- * --------------- i r ----- --------- ----- - -------- quiIred on all stairways with 4 or-more risers I re Af ------------------------------ I -- --------- PROVIDE AT LEAST ONE OPERABLE WNDOW I ii OR DOOR APPROVED FOR EMERGENCY . ........... I r_ , ( ; ........ .... ESCAPE IN EACH SLEEPING ROOM OR-BASEMENr _j BEDROOM 1 #:2 OPENING SHALL COMPLY WITH ALL OF THE - MAXIMUM FINISH SILL HEIGHT: 44-INCHES ........... r—J, - - ------ ------------------- MINIMUM NET CLEAR OPENING HEIGHT. N-INCHE S SECONPARY UNIT r MINIMUM NET CLEAR OPENING WIDTH: 20 -INCHS 'GLAZING UPPER LEVEL FFM MINIMUM TOTAL NET CLEAR OPENING: fil s.if,) 5-7-150 FT RE C UIRED' A z j-- — - — - 4 i , - 7t m 4'-5%4" 4 J J r MASTER 1 --- - - - - -- ------ -------------- - - - - -- -------------------- BATH, 4' I 4' LU /Ak, W-1 1'! rK tai I 13ATH #2 --------------------------------- ---- C L --------------- j = I I I I - - T - - - - - - - - - t a) 4- TA'). KYV400V _j 0 H T It I i > z BH --- F -- ------- -- -- ---- - - - - - - - - - - - - - - - - -- - a) ...................................... IL ------------- ------------------------- -- -------- 0 Z�_ iz, 0� '-6' C . ..... ..... 4 T.0, F'L-YYV 555 50 FT z G 1 r-L -ia,iz-roll <Y) 0 IS, lu CJ3 T - - - - - - - - - - - - - - - CO > (D 75 71� MA5TER......... . ........ ................. -- ------- --------- ------ LO Cn 00 N 14C) ------- ----------- ---- - ----- - - ----- it I? --- BED ROOM It, V -i'� i L U 6.c 00 C- z .................... ............ + ----------- ------- 0-7 0 T.O. FLYN000 ----- ------------ ca U ------- L ------- 00 .................. All EL '75"W-b" Lo ------------- 00 C3 00 PRIMARY UNIT I ; w a i 1 l // J ! ( 1� 1 1, „ i f , q ....... 62 UPPER LEVEL j 11 7 1 N1 %0 5.._............-- _......, 1,114 Zltx T- I I I --------------- --------- -------------------------------- =--- OL T.O. PLYWOOD 'W_ LYY4001;) f A EL -75q0'-&" EL 11:1001-01. SEPROOM #:2 r q— I FARKI E #2 ------ - ----- L I 1 71. F. -, i I 4z - — - — - — - — - L - - -- -- - - - - -- - -- i III MASTER Z MABTEF N ---------- ---- -- ------ *.- OL05F-T #1 01-05ET #2 r -IT- Do ---------- d-\ T.O. FL) YO ---------- - -------- ---- - ------ EL L- ----- - - - - --- ------- - - - --- - --- j L -Z - D r - - - i V 155ue Date 1 1 _EL -18q4t-!2" L ----------------- L_4_� ----------- ENTRY DR5 5u=is5lon 11/25/0*7 j- - - - - - - - ------ I I ff r 4-011 r - - -- -- - - - - -- --------- in PRIB 5ubmissicn 05/20/05 (171, VFZB!5ubm. revi5lonB 04/05/05 L ------ A — - — - — - — -- ----- - _t A 1 7 1 DRS Subm. revisions 04/16/05 M H% PRIMARY UNIT.....— 2 5ECONPAKYUNIT 1-,\ AP P R CDIED L5171" T H E Number: A2.3 11 5uldling Permit 05/14/05 - -- ------------- kX 1 - - - - -- - - -- _j 03PA 10 Uj LN - -- ----- - - - - -- - ---- ----- OW COMMIN &A5 M R 4 W Uj 5EC.0NVA%F'Y UNIT F .O. LY�NO EL ECTKIC VIETER (0 -F I�L 0-M LOCATION ----------- r - - -- -1 F, L--------- t___ l_-A F Job number. Z-Vt 2_6 1 V-6" 5'-0Y4" 5-04" 4' -1Y2" 11'14" W-55/4" Drawn by: 4'-Ot' 121-0 4, 0" 6-6y4" 15/4t 101-01t Checked by, ------------------ Drawing Title: Upper Level -0„ Floor Plan 20' :24'-2" 25,_0,. PRIMARY UNIT.....— 2 5ECONPAKYUNIT 1-,\ AP P R CDIED L5171" T H E Number: A2.3 PRIMARY UNIT.— ECONDARY UNIT 10 S -7 6 a 4 5 e- V-01' -01 e- -01 e- 1-01 V-O' Z-010 :2'--0" .0 10 L-J OL T.O. FLYVV 0 ROOF MI&E EL 1/2" r------- ------- ------------ 5:12 PLATE HEIGHT PLA1fE HEIGHT ----- ----------- ..... L r------- - - - - -- ---- r ------------- I -- ---------------------------- r - - - - - - - - - - - - - - - - HEIGHT..- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PLATE HEIGHT 10, 101,51, - : ..... iV -all OIL PLATE . \-,W 6--10 1/2-- L --- --- -- -_ ------ K 7� OIL PLATE HEIGHT PLATE HEIGHT if LATE HEIGHT I PLATE HEIGHT FLkM HEIGHT LU 0-0 tu FLY�V 0 1�-' 00iz Ev6E R,�) rz OIL T.O. FLYYV EL -11OZ- EL 71-11/21, T. PLYM @ RIIX71, tfi EL ---------------------- --------------------------- r ---------- C-i All-, PLATE HEIGHT -7 1-011 PLATE HE16HT PLATE HEIGHT A A -- ----- --------- ----- ------------ c 1 �Lyyv PLATE H�;f PLATE H(S PLATE H6T PLATE H6T PLATE H6T (01-0 ro I OIL T.O. FLY;1V 0 ROOF EPCvE 0' RD 9F EDGE I PLATE Hr:[(C57HT- \-F EL 21-151/2 EL -7clOV-1 1 1/2" --------------- -4 - - - - - - H ��M HEIGHT I FLA TE HE164 --------- ---------- ill - -------------------------------- I PLATE HEIGHT I A T.!�..FLYYV. F 0OF E0,67E I t� PLATE HEIGHT I CF ----------------------------------------------------------- OL PLATE HEIGHT PLA17E HEIGHT IOIL T.O. FLY1^V @ Rlp6F- F-L -MOV-1 1 1/2" OL T.O. FLYPO 0 Rlr,>6F- EL"7`105'-5 5/4" PLATE: HEI&I 4T cA OL T.O. FLYiAv :L -lq0q'-q 142" .0. FLYVSIV 0 RIDCVE OIL T \-F EL 1/4!' 7 OgL PLATE HE16HT Ln @ --------------------- I------- - - — - — - — - — -- ------ PLATE HE161-IT PLATE HEIGHT A CE 'd• - 7-0" PLATE HEI671-1 Aik PLATE HEIGHT 1 V-1 5/,5"1 OL PLATE HEIGHT OgL PLATE HEIGHT OL PLATE HEIGHT I I F HEI HT[ b- -i� e- e- ------- -------- j] I k PLATE A 0 L---------- ------- ------ -------------- --- ------------------- zic cp I T FLA rE HEI&H --T --- I -O\D I \ rd -7 -0. \-F I T- -1 If ------ - -- - -- @ ROOF WOE CC !'I 'I li 1 11 T- -- e -------- _T_ OIL T.O. FLYYV PLATE EIGHT F HEIGHT I \-F EL -MV-10" ----------- ------------------------------ - - - - - - - - - - - - - - E3 -------- PLATE HEIGHT :12 5:12 1 If LU L ------ ---------- 10, ----------------- PLATE HEIGHT A U.- 5: -Ij ---------- ;2'--0" 21-011 4 ---------- 12-01' OIL PLATE HEIGHT r-"T ----------------------- r--1 L--L ----------------------- i 7 1 5 6 H 0 . 4-T- 4-, 2-0" � -F r PL qj L --- X -H �-71 �1 1 M/Z1 IM I I 2� r -Of f t\4 T.O. T-0 PL-M 'C 1E L 11 %r-------- ------ g ,F�A E El(5 rT -TO. f EH LATE 71, TF, _16HT 4 5 5ECONPARY UNIT U 00 01 co In C6 E 0 D EN 0 0 OD 4 > 00 (D ca 0 "' N c. 0 0 CL cu, 140 c- 0 4— 0 LO C 0., cr, D C- PKF3 Subm. revisions tll 70 V) --j E PRBSubm. revisions 04/16/05 Buldling Permit 05/14/05 ui L U E 111 F) H D EN 0 0 155ue > 00 (D r(O 0 11/25/011 > C) r- , 00 C14 '140 — 0 0.C: 00 760 LO co Z co 00 PKF3 Subm. revisions 04/05/05 0 0 CO 0 OL C4 > --j F) Job number: Prawn by: checked by: Drawing Title: ROOf Plan 1/4" = 11-011 Number: 155ue rate PR55uirml!Won 11/25/011 DR5!5utni5sion 05/20/05 PKF3 Subm. revisions 04/05/05 A PRBSubm. revisions 04/16/05 Buldling Permit 05/14/05 Job number: Prawn by: checked by: Drawing Title: ROOf Plan 1/4" = 11-011 Number: ■ f. PRIMARY UNIT... — — — — — — - - — — — — — — 14 00 N r-- E U 1:2 12 0 00 T.O. f:,Lyro 0 Kipoe OL 64 O ca C) M Hill 11 ji IN 11 11 IT 11 ILJ 0 nmiNINI■INk,don logo ji In n • I lifigilivislitillill !fill W 11111111 oL T.O. FLY)ND @ RID&E MINH I 1111IM111111111111111111 11111111 rim -1-104'-10 1/2" if I WEI MINIMUM 21111111111111111 F� [Em* • : :11 VISM11 I 11=11 sIlilimisiliculin oil I I imam 11011111191koff, I I I 1 1111 -M 11 .1 1 11 1 1 11 111 1 r. I I I 1 1.111 1. 1. im in I so a I REUNION 'INI go -00 �A 1?111029m4mlkl ER L L F RIMtJ 0 In FA I 11 +xrna�•r_s:+x'::•.v'nrczer � ��1�!!� ^� � II�� I'i, I,I �� � ���' '���'� ' I' � U 04 1 1 Im- I E FM I - __ -- 0 MINN 11 1 4 T.O. FLYVV a M. E EQRM JRIM, EL •-1594'-6" Fl 9 H r.o. coNc GARAGE SECOND OL EL UPIP, LVL SECOND ---------- ---------- I- I "T, 5 ro'. -------------- ILL. L[ I I T-,i 17FI-1-1-F I I I 1 11, T(4 PL x V10 P ENTRY SECONDARY /L % EL 00 ----------- ---------- Y, T PRIMARY L NIT ELECTRIC M COM ON &J ARY METE LOCATION @ LINE SEC Min T 'ON & 5ETME� LINES C, 6 P ELEC I LOCATIDN @ LINE 5 BETWEEN Ll',IE515 V v - — — — — — — — — — — — — — — - — — — — — ---- — — — T.O. PLYYV Q MA N LEVEL CO NDARY — AL if — — — — — — — — — — - SEEL ------------- - — — — — — — --- 1f.0. GONG @ M T 5VRM SECONDARY AL - - ------- EL '7,5-lq' 6" T- - ---------- J -------- ----------------------- -T 1-41 ----------- d ------ 1 ------------ ---------- ------------- --------------- -------- --------- ----- ------------- -- E I I I I I -- , I if T.o. GONG 0 4bi/AR LEVEL SECONDARY OL 4-11 EL L IT, -t- T L-Ll-,-- -1 --4 1-4----1 -------------- 1-4.---! ------------------------- Lf.---4-J 1 1 I f f i 1 L f,, fl I I� � � i L r �� r_���q ;, I I I � � I � ! � � I I i , I I I I I SCALE: i CIA BOARDS 5 RF-alp. 50LID BLOCKING BETWEEN @ PLATE D(TERIOR HALL CONSTRUCTION: OR -5TUCCO SIDING; RE: nON5 =ELT OR "TYVEK" BUILDING WRAP UAL -RIOR 5HEATHIN6 UV5 @ 161, O.C. NTT INSULATION ALUMINUM CLAD DOORS 41NINDOYSIS FELLA OR EQUAL COLOR: BRONZE F -71 WOOD NINDOW TRIM 2x8 SPRUCE HEAD 2X6 SPRUCE SIDE 2X6 SLOPED SPRUCE SILL BENJAMIN MOORE SEMI-TRAN5 STAIN COLOR: "OXFORD BROW Fal 5TU0,'-'0 WINDOW TRIM 21, BUILT-UP 5TO ELATOMERIG PAINT COLOR: "MOCHA CREAM 1015" STONE WINDOW TRIM SOLID STONE LINTEL 8" HEAD V' SILL COLOR. NATURAL BUFF 11-01 STUCCO 51DINO #1 5TO ELA5TOMERI01-AINT COLOR: "MOONLIT SAND 10611" Fil ROOF SHIN(5LE5 4— EXTERIOR PECK5 2X6 TOP RAIL 2X& BOTTOM RAIL 1X6 RAILING POSTS A/ COFFER CAPS OERTAINTEED PRESIDENTIAL TL SHAKE > c) COLOR: "WEATHERED WOOD" 4- r— (Y) 0 F21 FASCIA - RAKE BOARDS 1 F:2] > 0 6 2x10 4 2X6 SPRUCE P,OOF I CONSTRUCTION: 1 Y2"X1 Y2" 5AI-LU5TERS 2X6 COMPOSITE DECKING BENJAMIN MOORE 5EMI-TRANS STAIN T 5HINC7LE5 cin •1 7d)- 11 COLOR-. "OXFORD BPOYqN'i (I r- CN 2X12 SPRUCE FA501A BOARDS ENE" OR EQUAL WATER PROOF 04/16/05 -0-1 SOFFIT BOARDS LNE COLOR: "OXFORD BROWN" BENJAMIN MOORE SEMI -TRANS 5TAIN 1X6 SPRUCE RIOR5HF-ATHIN(5 BENJAMIN MOORE 5EMI-TRAN55TAIN 7CKIN(5 AT ALL ROOF EP6E5 COLOR: "OXFORD BROWN" C7E5 f3uldlfng Permit ® I'NOOD CORNER TRIM dD FOAM INSULATION - R'15 MIN. WOOD CLAD INSULATED STEEL 2X ro SPRUCE ►NE" OR EQUAL WATER PROOF BENJAMIN MOORE 5EMI-TRAN5 STAIN ,NE COLOR: "OXFORD BROWN" 'RIOR 5HEATHIN6 ,FTERS; RE: STRUCTURAL PYSIOIS COLOR: "OXFORD BROWN" WOOD SKIRT TRIM .OWN -IN FOAM IUNeULATION 2X 10 SPRUCE STONE VENEER 4 VENEER COLUMN BASES BENJAMIN MOORE 5EMI-TRAN5 5TAIN COLOR: "OXFORD 1590WN". CIA BOARDS 5 RF-alp. 50LID BLOCKING BETWEEN @ PLATE D(TERIOR HALL CONSTRUCTION: OR -5TUCCO SIDING; RE: nON5 =ELT OR "TYVEK" BUILDING WRAP UAL -RIOR 5HEATHIN6 UV5 @ 161, O.C. NTT INSULATION ALUMINUM CLAD DOORS 41NINDOYSIS FELLA OR EQUAL COLOR: BRONZE F -71 WOOD NINDOW TRIM 2x8 SPRUCE HEAD 2X6 SPRUCE SIDE 2X6 SLOPED SPRUCE SILL BENJAMIN MOORE SEMI-TRAN5 STAIN COLOR: "OXFORD BROW Fal 5TU0,'-'0 WINDOW TRIM 21, BUILT-UP 5TO ELATOMERIG PAINT COLOR: "MOCHA CREAM 1015" STONE WINDOW TRIM SOLID STONE LINTEL 8" HEAD V' SILL COLOR. NATURAL BUFF 11-01 STUCCO 51DINO #1 5TO ELA5TOMERI01-AINT COLOR: "MOONLIT SAND 10611" F5TUC<,O i 51PIN6 #2 5TO ELA5TOMERIC, PAINT COLOR: "MOCHA CREAM 101511 F161 4— EXTERIOR PECK5 2X6 TOP RAIL 2X& BOTTOM RAIL 1X6 RAILING POSTS A/ COFFER CAPS • • E > c) DR5 Submission VR5 Submission 4- r— (Y) 0 0 a) 1 F:2] > 0 6 11-0 •• ) • V I-- 1 Y2"X1 Y2" 5AI-LU5TERS 2X6 COMPOSITE DECKING o •• L0 cin •1 7d)- 11 Co (I r- CN 2X12 SPRUCE FA501A BOARDS 66 04/16/05 -0-1 F5TUC<,O i 51PIN6 #2 5TO ELA5TOMERIC, PAINT COLOR: "MOCHA CREAM 101511 F161 1OX10 COLUMNS, 1OX BEAM5 4 BRACK15TE, ROUGH -SAWN DOU& FIR BENJAMIN MOORE 5EMI-TRANS 5TAIN COLOR: "OXFORD BROW EXTERIOR PECK5 2X6 TOP RAIL 2X& BOTTOM RAIL 1X6 RAILING POSTS A/ COFFER CAPS Pate DR5 Submission VR5 Submission 11/25/07 05/20/05 1 F:2] WOOD SIRING HORIZONTAL LAP 51MIN6 HEAVY TIMBER TRU55 ROUGH -5AY4N DOUG FIR 1 Y2"X1 Y2" 5AI-LU5TERS 2X6 COMPOSITE DECKING VRB Subm. revisions 04/08/05 BENJAMIN MOORE SEMI -TRANS 5TAIN BENJAMIN MOORE SEMI -TRANS STAIN 2X12 SPRUCE FA501A BOARDS VRB Subm. revisions 04/16/05 COLO•.- "OXFORD BROWN "' COLOR: "OXFORD BROWN" BENJAMIN MOORE SEMI -TRANS 5TAIN Y400P 51PIN6 OVERHEAD 6ARACSr: DOORS COLOR: "OXFORD BROWN" f3uldlfng Permit 05/14/05 VERTICAL BOARD AND BATTEN WOOD CLAD INSULATED STEEL BENJAMIN MOORE SEMI -TRANS STAIN BENJAMIN MOORE 5EMI-TRANS STAIN COLOR: "OXFORD BROWN" COLOR: "OXFORD BROWN" [14] STONE VENEER 4 VENEER COLUMN BASES STUCCO TRIM BAND M055 ROCK 21, BUILT-UP COLOR: TELLURIDE BROWN 4 NEGRO 5TO ELASTOMERIC PAINT COLOR. "MOCHA CREAM 1015" FSTONE 1 51 CAP HEAVY TIMBER CORBELS 2" STONE SLAB 8X ROUGH SAWN POU& FIR Job number.. COLOR: TELLURIDE BROWN 4 NEGRO BENJAMIN MOORE 5EMI-TRAN5 STAIN COLOR: "OXFORD BROWN" Drawn by, neC.KeCi by: Drawing Title: South Elevation Material Legend 1/4" = 1'_a" Sheet Number. A3.1 K OE T.O. PLYYYD RIP6E, T.O. FL'(YV 0 RIVc7E T.O. FILYYYD 0 RIDGE Af\ Af\ T.0 FLYiAv 0 ROOF EDGE _EL U_ _j 1 14,11 11 oL T.O. PLYVV a ROOF EV&r \-F EL 7102' -8 1/2" OIL T.O. FLYVV ROOF EDGE -- - - - - It 4"' \-F EL 7102'-0" ir, Ul LEVEL PRIMARY T.O. PLYrV UPPER LEVEL PRIMARY T.O. PLYND UPPER LF A-V I OL T.O. FLYPNV ROOF EDcr= EL 76911'-1 1/2" FEN OL T.O. PL-YkW RIP6F_ LLilill 11 fill 11 Imv 111111dwil,11 fill I T.O. PLYM 0 M BWRM MV;A;ZY T.O. FLYYV M BEORM PRIMARY �jl \-F EL '7514'-6 " � 7011110 In gr %�g pe 'T _7 T T.O. GONG PRIMARY k� 4- T.O. ftOpe@ GARAGE PRIMARY f EL 44, _ou 01� ($,. ';lv ;y. ..mod ^.l ,i �i•a• -•r: i;+ <'j,, � +C �f �'{' — 1i.T 9 101 -4-t v (L it "PRIMARY OIL T.O. PLYk*V 0 ENTRY PRIMARY T.O. FLYNP,0 ENTRY EL p PRIMARY OL T.O. FLYYV 0 MAIN LEVEL PRIMARY T.O. FLYIA0 @ MAIN LEVEL s W 'In In, • "A z T.O. CON(:, LOWER LEVEL FRIMAR 1 5 T.0, GONG 0 LOWER LEVEL PRIMARY EL 7876 -b 04 * nc� A* In' - it 4ML T.O. GONG @ LOWER LEVEL PRIMARY i s 'v, T.O. GONG L0kNER, LEVEL PRIMARY OL, t-- ----- + F -ta-a. ------- -1 _j io 00 L _11 ROOF SHIN&LE5 Fro] ALUMINUM GLAD r>ooRs 4 nk,>om 00 co LO FELLA OR EQUAL STUCCO 51PIN6� #2 CERTAINTEED PRESIDENTIAL TL SHAKE cO 0 4 COLOR- BRONZE COLOR: "AEATHERED Y4000" cy.. N 00M d 0 r-- FASCIA - RAKE 50ARP5 F-7]HOOD NINVOYNI TRIM CO 2X10 4 2X6 SPRUCE Jc: 2X5 SPRUCE HEAD = U BENJAMIN MOORE SEMI-TRANE, STAIN PR5 5ubmi5glon 2x(OSPRUCE SIDE 0�1 COLOR: "OXFORD 5RONN" 2X6 SLOPED 5FRUCESILL FSOFFIT 50ARV5 BENJAMIN MOORE 5EMI-TRANS STAIN 51MIN6 1X6 SPRUCE HEAVY TIMBER TRUSS COLOR: "OXFORD BROWN "" DRS Subm. revision BENJAMIN MOORE 6EMI-TRAN55TAIN HORIZONTAL LAP 51MIN6 COLOR: "OXFORD BROWN" Fal STUCCO NINDON TRIM BENJAMIN MOORE SEMI -TRANS STAIN 21, BUILT-UP F41 YiO05I CORNER TRIM DR5 5ubm. revision 6T4 ELATOMERIC FAINT. 2x & SPRUCE COLOR: "MOCHA CREAM 1015" BENJAMIN MOORE SEMI -TRAN5 STAIN BENJAMIN MOORE 5EMI-TRANS STAIN F Y�OOV SIDING COLOR- "OXFORD BROWN" OVERHEAD GARAGE DOORS STONE YNINVON TRIM suidling PermIt 05/1GARAGE 1 31 5 OLID5TONE LINTEL F51HOOD 5KIRt TRIM VI HEAD 2X 14 SPRUCE BENJAMIN MOORE 5FMI-TRAN5 STAIN 5" SILL BENJAMIN MOORE 5EMI-TRAN5STAIN BENJAMIN MOORE 5EMI-TRAN5 STAIN COLOR: NATURAL BUFF COLOR, "OXFORD BRONN" COLOR: "OXFORD BROYW' F101 STUCCO 51DIN6 #1 VENEER, 4 VENEER COLUMN 5A5F5 STUCCO TRIM BAND STO ELASTOMER.10 FAINT COLOR: "MOONLIT SAND 10611" _11 (D 00 co LO (90 STUCCO 51PIN6� #2 (y) • cO 0 4 W • r-- (y) co cy.. N 00M d 0 r-- 0 C Lo c- OU0 4- , 0 0 CO V) c- r*-, rZ, 0 Jc: 0_j 02) cc,04 = U - PR5 5ubmi5glon 05/20/05 0�1 E 10X10 RAILING F05T5 IN/ COPPER CAPS FHOOD 1_21 51MIN6 F1 -71 HEAVY TIMBER TRUSS 1 Y2"Xl Y2" BALLU5TERS DRS Subm. revision s 04/015/05 HORIZONTAL LAP 51MIN6 ROUGH -`SAWN DOUG FIR 2X6 COMPOSITE DECKING BENJAMIN MOORE SEMI -TRANS STAIN BENJAMIN MOORE SEMI -TRANS STAIN 2X12 5FRUCE FASCIA BOARDS DR5 5ubm. revision s 04116105 COLOR: "OXFORD BROYSIN" COLOR: "OXFORD BROWN" BENJAMIN MOORE SEMI -TRAN5 STAIN F Y�OOV SIDING F1 a] _11 (D • • • E ol Pate (90 STUCCO 51PIN6� #2 (y) • 1OXIO COLUMNS, 10x BEAMS 4 BRACKETS FIR W • r-- (y) • CD r— OC) (_4 7(D '0 • r-- • 0• ) -2-760 Lr) LLJ 75 CO 0 CO 04 0_j 02) cc,04 BENJAMIN MOORE SEMI-TRANS STAIN COLOR: "OXFORD BROW - PR5 5ubmi5glon 05/20/05 _11 ISSue Pate 5 STUCCO 51PIN6� #2 56] 1OXIO COLUMNS, 10x BEAMS 4 BRACKETS FIR :21] EXTERIOR DECKS F STO ELASTOMERIC FAINT ROUGH -5AY4N DOUG 2Xro TOP RAIL VRB 5ubmls5ion 11/215/017 COLOR: "MOCHA CREAM 1015" BENJAMIN MOORE SEMI-TRANS STAIN COLOR: "OXFORD BROW 2X(o B0170M RAIL PR5 5ubmi5glon 05/20/05 10X10 RAILING F05T5 IN/ COPPER CAPS FHOOD 1_21 51MIN6 F1 -71 HEAVY TIMBER TRUSS 1 Y2"Xl Y2" BALLU5TERS DRS Subm. revision s 04/015/05 HORIZONTAL LAP 51MIN6 ROUGH -`SAWN DOUG FIR 2X6 COMPOSITE DECKING BENJAMIN MOORE SEMI -TRANS STAIN BENJAMIN MOORE SEMI -TRANS STAIN 2X12 5FRUCE FASCIA BOARDS DR5 5ubm. revision s 04116105 COLOR: "OXFORD BROYSIN" COLOR: "OXFORD BROWN" BENJAMIN MOORE SEMI -TRAN5 STAIN F Y�OOV SIDING F1 a] OVERHEAD GARAGE DOORS COLOR, "OXFORD BRO)NN" suidling PermIt 05/1GARAGE 1 31 VERTICAL BOARD AND BATTEN CLAP IN5ULA7W!5TF_EL BENJAMIN MOORE 5FMI-TRAN5 STAIN BENJAMIN MOORE 5EMI-TRAN5STAIN COLOR-. "OXFORD BRO)NN" COLOR: "OXFORD BROYW' FSTONE l-41 VENEER, 4 VENEER COLUMN 5A5F5 STUCCO TRIM BAND M055 ROCK 2.. BUILT -UP COLOR: TELLURIDE BROAN $ NEGRO STO ELASTOMERIC FAINT COLOR: "MOCHA CREAM 1015" STONE CAP HEAVY TIMBER CORBELS 2" STONE SLAB e?X ROUGH SAWN DOUG FIR Job number; COLOR,.- TELLURIDE BROYSIN 4 NEGRO BENJAMIN MOORE 5EMI-TRAN55TAIN COLOR: ' "OXFORD BROW Prawn by: checked by: Drawing Titie: Yqe5t Elevation Primary Unit 1/41. = 1 r-0" PR OVED BY III E WN OF AIL ESIGN REV 1 EW, B OA,� Lq Sheet Number: OL T.O. PLYk-10 @ RIDGE 11-F EL 1/21, OL T.O. PLYYV 0 ENTRY SECONDARY 0 kyl -------------------------- --------------------------- T ----------- ------ L ----------- ROOF SHINGLES JJ , NO co co I'- co Y 10- L,2 f. C3 R:21 EXTERIOR DECKS 2 -c,,'** W6 4 U0 CERTAINTEF-r.> PRESIDENTIAL TL SHAKE 0 M. a) 0 C, 64 M 0 VV D 70 U0 0 kyl -------------------------- --------------------------- T ----------- ------ L ----------- ROOF SHINGLES JJ ALUMINUM CLAD DOORS. 4 Y41NVO�N5 FELLA OR EQUAL co co I'- co Y 10- L,2 f. C3 R:21 EXTERIOR DECKS 2 -c,,'** W6 4 U0 CERTAINTEF-r.> PRESIDENTIAL TL SHAKE 0 M. a) 0 C, 64 M 0 VV D 70 U0 0 Lo cc U 04 4 C) > 0 kyl -------------------------- --------------------------- T ----------- ------ L ----------- F LL-1 --------------------- ROOF SHINGLES JJ ALUMINUM CLAD DOORS. 4 Y41NVO�N5 FELLA OR EQUAL co co I'- co Y 10- L,2 E C3 R:21 EXTERIOR DECKS 2 -c,,'** W6 4 U0 CERTAINTEF-r.> PRESIDENTIAL TL SHAKE 0 M. a) 0 C, 64 M 0 VV D 70 U0 0 Lo cc U 04 4 C) > 0 0. CONIC 0, LO 0*1 T 0 D . OoIIiIiiiiieimia 'It Co COLOR, "OXFORD BROW' F LL-1 --------------------- ROOF SHINGLES JJ ALUMINUM CLAD DOORS. 4 Y41NVO�N5 FELLA OR EQUAL co co I'- co Y 10- L,2 E C3 R:21 EXTERIOR DECKS 2 -c,,'** W6 4 U0 CERTAINTEF-r.> PRESIDENTIAL TL SHAKE 0 M. a) 0 C, 64 M 0 VV D 70 U0 0 Lo cc U 04 4 C) > 0 0. CONIC 0, LO 0*1 0 D . OoIIiIiiiiieimia 'It Co COLOR, "OXFORD BROW' 2X6 BOTTOM RAIL 1OX10 RAILING POSTS W/ COPPER CAPS > 0 7C) F LL-1 --------------------- ROOF SHINGLES a) C ALUMINUM CLAD DOORS. 4 Y41NVO�N5 FELLA OR EQUAL co co I'- co Y 10- L,2 E C3 R:21 EXTERIOR DECKS 2 -c,,'** W6 4 U0 CERTAINTEF-r.> PRESIDENTIAL TL SHAKE 0 M. a) 0 C, 64 M 0 VV D 70 U0 0 Lo cc U 04 4 C) > 0 0. CONIC 0, LO 0*1 0 D . OoIIiIiiiiieimia 'It Co COLOR, "OXFORD BROW' 2X6 BOTTOM RAIL 1OX10 RAILING POSTS W/ COPPER CAPS > 0 7C) FASCIA -RAKE BOARDS 00 CN -b 0 ON E VqOOr1> 51DIN(5 -7 HEA\1',r TIMBER TRUSS ROUGH -5AViN DOUG FIR 1 Y2"X1 Y2" 5ALLU5TERS 2X6 COMPOSITE DECKING DfZB 5ubm. revisions 04/06/05 0 6.c: 00 2X10 4 2X6 SPRUCE V) L.0 7d)- ca U (1) R LEVEL PRIMARY Co 1.0 VRB Subm. revisions 04/16/05 E 70 a 06 D_ COLOR: "OXFORIV BROYSIN" BENJAMIN MOORE 5EM1-TRAN5 STAIN o. COLOR: "'OXFORD BROWN" SOFFIT 50ARDS E F161. NOOP SIPIN6 F�� F LL-1 --------------------- ROOF SHINGLES a) C ALUMINUM CLAD DOORS. 4 Y41NVO�N5 FELLA OR EQUAL STUCCO SIDING #2 F161 C3 R:21 EXTERIOR DECKS le), Sue Date 2 d- CERTAINTEF-r.> PRESIDENTIAL TL SHAKE 1 VV D 70 U0 BENJAMIN MOORE SEMI-TRANS STAIN 04 4 C) > 0 0. CONIC 0, LO ER LEVEL PRIMARY C CY) 0 COLOR: "MOCHA CREW 1015" . OoIIiIiiiiieimia 'It Co COLOR, "OXFORD BROW' 2X6 BOTTOM RAIL 1OX10 RAILING POSTS W/ COPPER CAPS > 0 FASCIA -RAKE BOARDS 00 CN -b 0 Y�000` WINDOW TRIM R12 VqOOr1> 51DIN(5 -7 HEA\1',r TIMBER TRUSS ROUGH -5AViN DOUG FIR 1 Y2"X1 Y2" 5ALLU5TERS 2X6 COMPOSITE DECKING DfZB 5ubm. revisions 04/06/05 0 6.c: 00 2X10 4 2X6 SPRUCE :2X5 SPRUCE HEAD L.0 7d)- ca d. GONG @jLq BENJAMIN MOORE SEMI AN5 STAIN R LEVEL PRIMARY Co 1.0 VRB Subm. revisions 04/16/05 BENJAMIN MOORE SEMI -TRANS STAIN a 06 COLOR: "OXFORD BROWN" COLOR: "OXFORIV BROYSIN" BENJAMIN MOORE 5EM1-TRAN5 STAIN F LL-1 --------------------- L J, ;0 _)WN IM P' VA DESIGN REE-VIFEE-Wri" BOARD), Sheet Number. A♦ ROOF SHINGLES Fro] ALUMINUM CLAD DOORS. 4 Y41NVO�N5 FELLA OR EQUAL STUCCO SIDING #2 F161 10x10 COLUMNS, 10x BEAMS 4 BRACKETS ROUGH -SAWN DOUG FIR, R:21 EXTERIOR DECKS le), Sue Date CERTAINTEF-r.> PRESIDENTIAL TL SHAKE COLOR:5RONZE 5TO ELA5TOMERIC FAINT BENJAMIN MOORE SEMI-TRANS STAIN 2X6 TOP RAIL VR5 Submission 11/25/0-7 COLOR: "WEATHERED WOOD" COLOR: "MOCHA CREW 1015" COLOR, "OXFORD BROW' 2X6 BOTTOM RAIL 1OX10 RAILING POSTS W/ COPPER CAPS DR5 Submission 05/20/05 FASCIA -RAKE BOARDS F-11 Y�000` WINDOW TRIM R12 VqOOr1> 51DIN(5 -7 HEA\1',r TIMBER TRUSS ROUGH -5AViN DOUG FIR 1 Y2"X1 Y2" 5ALLU5TERS 2X6 COMPOSITE DECKING DfZB 5ubm. revisions 04/06/05 2X10 4 2X6 SPRUCE :2X5 SPRUCE HEAD HORIZONTAL LAP51VIN& BENJAMIN MOORE 5EMI-TRAN5 5TAIN BENJAMIN MOORE SEMI AN5 STAIN 2X12 SPRUCE FASCIA BOARDS VRB Subm. revisions 04/16/05 BENJAMIN MOORE SEMI -TRANS STAIN 2X(7 SPRUCE 51PE COLOR: "OXFORD BROWN" COLOR: "OXFORIV BROYSIN" BENJAMIN MOORE 5EM1-TRAN5 STAIN COLOR: "'OXFORD BROWN" SOFFIT 50ARDS 2X& 5LOper,> 51.RUCE,!51LL BENJAMIN M MOORS SEMI STAIN F161. NOOP SIPIN6 F�� OVERHEAD 6ARA&E DOORS COLOR-. "OXFORD 5ROYqN" BuldlIng Permit 05/14/045 1x6 SPRUCE COLOR,: "OXFORD BROWN" VERTICAL BOARD AND BATTEN V400P CLAD INSULATED STEEL BENJAMIN MOORE SEMI -TRANS STAIN BENJAMIN MOORE 5EMI-TRANS STAN BENJAMIN MOORE SEMI TRANS STAIN I "OXFORD Fe)] STUCCO WINDOW TRIM COLOR- "OXFORD BROWN" COLOR: "OXFORD BROWN" COLOR- B RO�W' F41 WOOD CORNER TRIM 2" BUILT -UP ELATOMERI(�, FAINT PAINT STONE VENEER 4 VENEER COLUMN BASES STUCCO TRIM BAND 5TO moss ROCK 2" 2x &_5PRUCE COLOR: "MOCHA (:,REAM 1015" COLOR: TELLURIDE BROWN 4 NEGRO 5TO ELA5TOMERIC, FAINT BENJAMIN MOORE SEMI - TRANS STAIN "OXFORD STONE WINDOW TRIM COLOR. "MOCHA CREAM 1015 COLOR: BROW F51 WOOD SKIRT TRIM 50LID STONE LINTEL w F151 STONE CAP HEAVY TIMBER COR15EI-5 HEAD 2" STONE SLAB 5X ROUGH SAM DOUG FIR Job number: 2X 10 SPRUCE 5" SILL 9P COLOR: TELLURIDE BROWN 4 NEGRO BENJAMIN MOORE SEMI -TRANS STAIN BENJAMIN MOORE SEMI -TRAN5 STAIN COLOR: NATURAL BUFF COLOR "OXFORD BROWN" Prawn by: COLOR- "OXFORD BROWN" F5TUCCOSIVIN 1 _61 C7 #1 Checked by: 5170 ELA5TOMERIC PAINT "MOONLIT Drawing Title: COLOR: SAND 10611" North Eleva Material Legend 1/411 11-041 L J, ;0 _)WN IM P' VA DESIGN REE-VIFEE-Wri" BOARD), Sheet Number. A♦ T.O. FLYYV ROOF EDGE EL -10111'-10" !z" 1:2 12 00 0 CO LO LO 0 x U 00 0 Ak' T.O. FLYVV 0 RIDGE EL'TqO8'-7 1/4" 0 0 U Ln 0 IT 11 U tj cp, Q a) 70 A4A U T.O. PLYY40 0 ROOF EDGE IdL Lr) EL 0% 74 f�,Yyv ROOF EDGE.�� it -T— - T--; • 0 V) T, 0. PI-YWV ROOF ED6E OL ELlaIll'-71/2" U X @ RID6E T.O. GONG GARAGE SECONDARY OIL EL --1, 1/2" \�F EL'78q4!-0" 'N&� PLYM 6ARA6E5EWNr.>ARY T.O. CO FLYYW ENTRY SECONDARY T.O. tlZ T.o. F, UFF --LVL, 5ECONVARY D -EL -7801:2- - - - - - - --- - - - - - A'- k� q�yse*QL4VARY . 1: , T.O. FLYW\ .4 EL -15501-61, 141 WE �T �>, _ III ... ... .... ... . � r 1�I�Ivi�O, ' OIL T.O. FLYPSID 0 MAIN LEVELSECONPARY EL NMI Y)AID 0 MAIN LEVEL SECONDARY M INS OL T.O. GONG 0 MASTER BDRM SECONDARY \-F EL T.O. GONG 0 LOWER LEVEL SECONDARY EL -tei-fz-v- , 1 61:, # I Uz- i V.t T.O. CONC 0 LOYeR LEVEL SECONDARY --7T r _I . � - - - - - "N .. . • - - L r� �� - - -. . . I - I N I * - 7- EL L T-T T.O. GONG 0 LOWER LEVEL SECONDARY OIL ---------------- ------ Ll i-j ROOF 5HIN&LE-S CERTAINTEED PRESIDENTIAL TL 5HAKE COLOR,, "WEATHERED WOOD" —1 F FASCIA - RAKE BOARDS 2X10 4:2X& SPRUCE BENJAMIN MOORE 5EMI-TR.AN5 STAIN COLOR,: "OXFORD BROWN" SOFFIT E30ARD5 IX(O SPRUCE I BENJAMIN MOORE SEMI-TRANS STAIN COLOR: "OXFORD BROWN" [4]WOOD CORNER TRIM 2X & 5FRUCF- BENJAMIN MOORE SEMI-TRANS STAIN COLOR- "OXFORD BROWN"" F-51 Y400p SKIRT TRIM 2X 10 SPRUCE BENJAMIN MOORE 5EMI-TRAN55TAIN COLOR: "OXFORD BROWN'" 61 ALUMINUM UMINUM CLAD DOORS 4 ININDON5 FELLA OR EQUAL COLOR: BRONZE aWOOD WINDOW TRIM 2X5 SPRUCE HEAD 2X6 5FRUCE51DE 2X6 5LOFr=r.> SPRUCE SILL BENJAMIN MOORE 5EMI-TRAN55TAIN COLOR: "OXFORD BROWN" STUCCO WINDOW TRIM 21, BUILT-UP 5TO ELATOMERIC FAINT COLOR: "MOCHA CREAM 1015" STONE YNIINPON TRIM SOLID STONE LINTEL Vt HEAD 5" SILL COLOR: NATURAL BUFF F161 STUCCO SIDING #1 5TO ELA5TOMERIC PAINT COLOR: "MOONLIT 5ANP 10611" STUCCO 51DINC7 #2 5TO ELA5TOMF-f;Z(G FAINT COLOR- "MOCHA CREAM 1015" F WOOD 51PINO HORIZONTAL LAP 51DIN6 BENJAMIN MOORE SEMI-TRANSSTAIN COLOR, "OXFORD BROWN" FY40 (5 0P 51DIN 131 VERTICAL BOARD AND BATTEN BENJAMIN MOORE 5EMI-TRAN5 STAIN COLOR: "OXFORD BROWN" STONE VENEER 4 VENEER COLUMN BASES MOSS ROCK COLOR: TELLURIDE BROWN 4 NEGRO Fl-51STONE CAP 2" STONE SLAB COLOR: TELLURIDE BROWN 4 NEGRO 1OX10 COLUMNS, 1OX BEAMS 4 BRACKETS ROUGH -SAWN DOUG FIR BENJAMIN MOORE SEMI-TRAN5 STAIN COLOR: " OXFORD BROWN, HEAVY TIMBER TRU59 ROUGH -SAWN DOUG FIR BENJAMIN MOORE 5F-MI-TRAN5 STAIN COLOR: "OXFORD BROWN" OVERHEAD GARAGE DOORS Y400V CLAD fN5ULATEP STEEL BENJAMIN MOORE 5EMI-TRAN5 STAIN COLOR: "OXFORD BROWN" STUCCO TRIM BAND 2'" BUILT -UP 5TO ELA5TOMERIC-, FAINT COLOR:' "MOCHA CREAM 1015" HEAVY TIMBER CORBELS 5X ROUGH SAWN DOUG FIR BENJAMIN MOORE 5EMI-TRAN5 STAIN COLOR: "OXFORD BROWN" EXTERIOR DECKS 2X6 TOP RAIL 2X6 BOTTOM RAIL 1OX10 RAILING POSTS YV COPPER GAPS 1 Y2"X1 Y;2" BALLUSTERS 2X6 COMPOSITE DECKING 2X125FRUCE FASCIA BOARDS BENJAMIN MOORE 5EMI-TRAN59TAIN COLOR: "OXFORD BROWN" D, '15 C ird,,WAIN OF MAIL fcf,,-;'ES1GN-- REVIEW ISIONFIVU E. )A7 ---------- 1 r PR5 submission 000 E DRBSubm. revisions 0 (3) c: C (y) 0 9.2"Mm" cy) (D >`p -0 co F4 V o 6 S co mz0 �T �>, _ III ... ... .... ... . � r 1�I�Ivi�O, ' OIL T.O. FLYPSID 0 MAIN LEVELSECONPARY EL NMI Y)AID 0 MAIN LEVEL SECONDARY M INS OL T.O. GONG 0 MASTER BDRM SECONDARY \-F EL T.O. GONG 0 LOWER LEVEL SECONDARY EL -tei-fz-v- , 1 61:, # I Uz- i V.t T.O. CONC 0 LOYeR LEVEL SECONDARY --7T r _I . � - - - - - "N .. . • - - L r� �� - - -. . . I - I N I * - 7- EL L T-T T.O. GONG 0 LOWER LEVEL SECONDARY OIL ---------------- ------ Ll i-j ROOF 5HIN&LE-S CERTAINTEED PRESIDENTIAL TL 5HAKE COLOR,, "WEATHERED WOOD" —1 F FASCIA - RAKE BOARDS 2X10 4:2X& SPRUCE BENJAMIN MOORE 5EMI-TR.AN5 STAIN COLOR,: "OXFORD BROWN" SOFFIT E30ARD5 IX(O SPRUCE I BENJAMIN MOORE SEMI-TRANS STAIN COLOR: "OXFORD BROWN" [4]WOOD CORNER TRIM 2X & 5FRUCF- BENJAMIN MOORE SEMI-TRANS STAIN COLOR- "OXFORD BROWN"" F-51 Y400p SKIRT TRIM 2X 10 SPRUCE BENJAMIN MOORE 5EMI-TRAN55TAIN COLOR: "OXFORD BROWN'" 61 ALUMINUM UMINUM CLAD DOORS 4 ININDON5 FELLA OR EQUAL COLOR: BRONZE aWOOD WINDOW TRIM 2X5 SPRUCE HEAD 2X6 5FRUCE51DE 2X6 5LOFr=r.> SPRUCE SILL BENJAMIN MOORE 5EMI-TRAN55TAIN COLOR: "OXFORD BROWN" STUCCO WINDOW TRIM 21, BUILT-UP 5TO ELATOMERIC FAINT COLOR: "MOCHA CREAM 1015" STONE YNIINPON TRIM SOLID STONE LINTEL Vt HEAD 5" SILL COLOR: NATURAL BUFF F161 STUCCO SIDING #1 5TO ELA5TOMERIC PAINT COLOR: "MOONLIT 5ANP 10611" STUCCO 51DINC7 #2 5TO ELA5TOMF-f;Z(G FAINT COLOR- "MOCHA CREAM 1015" F WOOD 51PINO HORIZONTAL LAP 51DIN6 BENJAMIN MOORE SEMI-TRANSSTAIN COLOR, "OXFORD BROWN" FY40 (5 0P 51DIN 131 VERTICAL BOARD AND BATTEN BENJAMIN MOORE 5EMI-TRAN5 STAIN COLOR: "OXFORD BROWN" STONE VENEER 4 VENEER COLUMN BASES MOSS ROCK COLOR: TELLURIDE BROWN 4 NEGRO Fl-51STONE CAP 2" STONE SLAB COLOR: TELLURIDE BROWN 4 NEGRO 1OX10 COLUMNS, 1OX BEAMS 4 BRACKETS ROUGH -SAWN DOUG FIR BENJAMIN MOORE SEMI-TRAN5 STAIN COLOR: " OXFORD BROWN, HEAVY TIMBER TRU59 ROUGH -SAWN DOUG FIR BENJAMIN MOORE 5F-MI-TRAN5 STAIN COLOR: "OXFORD BROWN" OVERHEAD GARAGE DOORS Y400V CLAD fN5ULATEP STEEL BENJAMIN MOORE 5EMI-TRAN5 STAIN COLOR: "OXFORD BROWN" STUCCO TRIM BAND 2'" BUILT -UP 5TO ELA5TOMERIC-, FAINT COLOR:' "MOCHA CREAM 1015" HEAVY TIMBER CORBELS 5X ROUGH SAWN DOUG FIR BENJAMIN MOORE 5EMI-TRAN5 STAIN COLOR: "OXFORD BROWN" EXTERIOR DECKS 2X6 TOP RAIL 2X6 BOTTOM RAIL 1OX10 RAILING POSTS YV COPPER GAPS 1 Y2"X1 Y;2" BALLUSTERS 2X6 COMPOSITE DECKING 2X125FRUCE FASCIA BOARDS BENJAMIN MOORE 5EMI-TRAN59TAIN COLOR: "OXFORD BROWN" D, '15 C ird,,WAIN OF MAIL fcf,,-;'ES1GN-- REVIEW ISIONFIVU E. )A7 1!55ue 4-,o paw,- VR5 Submission c PR5 submission 000 E DRBSubm. revisions 0 (3) c: C (y) 0 9.2"Mm" cy) (D >`p -0 co F4 V o 6 S co mz0 O ) ca cL ✓ L- Lo 00 1!55ue 4-,o paw,- VR5 Submission 11/25/0*1 PR5 submission 05/20/05 DRBSubm. revisions 04/0eV08 DRB 5ubm, revisions 04/16/05 f3uldling Permit 05/14/05 Job number: Drawn by: Checked by: Drawing Title: East Elevation 5econdary Unit 1/411 = 11-011 I5heet Number- ,MAIN LEVEL REFLECTED CEILIN& PLAN 7--,' 5CALE: 11-011 UNIT— i -SECONDARY UNIT — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — r ..... ....... 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