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HomeMy WebLinkAboutB11-0496 ENZIAN Lionshead_Enzian construction easement Rec. No. 201016398EAGLE COUNTY, CO 201016398 TEPX J SIMONTON P: 23 12:39:10PM 08/20/2010 R ; : 11_121,0� MC: $ 'FASEMENTAQRKEMUNT ''C$:C0NS7'RU-CV0N HASEMENFF is made, �s of IN _13 day of Augttq 2010, by and havymn EA N 7 Xf WL CONDOMINIUM ,�9MCIATIONi jMw., 'A (Qk)fgdn nwpwflt ourfmaddh (the "FAVOir M;Pdatiou"), and Colorado limhod Habil ftymcompany, ( "LionA,040 J�; REM Ws-� A, *Wation for the L-'qziw at W .:Cdrsdoinillium$ (the "En6un F rolm7) lwaled imth-eltown-of Vnil, Bagle. ODUO y, pet) tl (thc "r own "' }. ThjD .Era ian PaOmi wn i;$(abHFhtA by the c9nd �Mfi,atm mgpncoftwin-the rem -propeAy (the -ou­Vcr�cm : 4, 1974 AIR Dook 2,37 ai-P4.40, '67� , q!i4 140 muted c -Co onamum moi&d. mi Demmber 4, E� for. Fw. im, �a[. Wiff A bd,,b As pAvhdtd-,L&_t4 tlimo-.Ot'n'�p�.(;VSpcetivey, the V0044w*o 'and ft 11coodo W** lhalkW: piropwy, *juaire 4h-- -twts, kw :oommou clemms, 4VMed ion 6adombiltm Map and in., ii�omiuium. Dw3ur4ou is' somdfimes -� bw os lho "Euian 'the- moan' Amcialton *Tu4d4-ft.A�qm on its 06UMW -of its conaftucaft.- Mftb�xs -Vm*#00j:- *lwhely and 13' LiwoWd tv�ho:-otq=- - &,.!*4 pwpmy-oWpow to the 'nzi= E F=w lomma.11ty kadwa ag 'rhe uonolvad: :fna,. J00,16114l to TovAl (the -nje Ljonshezd. MPF6 parEierr z 4ic%CrWOd On the S 7r"a. coma <�Db*wdon. of the &t. Laansh'e ad has 0, eu And 5'zm" ibn 'A -14' ` r '�qwq vlco v , md that h Asi�oclm - "CO. w1d),ors, of stud to and 0AW: 0 #' e4rctirrn mawTUW=A-�i. '..a [bads � 14 vam l0se?) �54jwj:- t� r0as and cl'lo WE P Si m VA .8A*%w" .Uitd mtwiding executed by Lionsbead avid the I nzimi Association ccincurrendy with this Al rcrment (the. "iIOU "). 711e area of the Eiizian Pawl affected by the t.'ratie Use is dopleted on the plans. dated October 31, 2009, attached as Exhibit B -I (the "Crane flans "); the area of the l viztran Parcel tifFected by the tiamsf'orraer relocation is located approximaWly as shown on tlse attached Exhibit 8-2I3 2; and the area of tte (fzian Parcel a5mted by the parking, space regrading work is located.appr�oximalely as shown on the attached Exhibit B-33. he Uzian Association has detenninLd t© grant (be requested easemmt in accordance ,with and subject to all the ternis and provisions of this Agmemeint. D. in eonsideiation for the rights contained in this Agreement and set R )r€h in. the 113C3I.1,1_,ionsheaa is willing to agree to grant to the l::ttzian Association upon reasonable: request, a temlvxary.. non - exclusive easement as r=oriably necessary for tie;?ack aiiehors where f :asible, soldier beari)s and retated niateriAs necessary to provide interim support for and to stabilize construction, cxcavadon and installation work minting to die nxievel.oiirivi t of the Enzian Parcel, to utilize airspace above the I Jonshead Parcel ror the• transport by crave of construction materials shut weighted leads, to provide for coiisirucrion lay-down and staging am-is, access by coiistttiction Vehicles and pemonnel, anti rights to the extent sinsilat to those contained in this Agreement at such future time as the Enaian Association decides to redevelop the 17117ian Parcel, in acQorclance with Paragip 11? below, in consicfern ion of'the recitals set fbrIh above, and the niulmit envenants and agreements set forth. horciit, EiWan and l.iunshead a wenwit avid agree as follows. Agceirieitt 1. Grant of { :orstructii lt„ hasement. The Enzian Assoc;iatimi, on its own lchalf and or behalf of its Menibers, limby,. grants avid conveys to..Lionshcad, an irrevocable, tetr purary, non- vielusive construe, as c:aseineat upon, over wtd beneath those portions of the Enrian Parcel to aecommadala the construction, installation, operation, testing, inspection, mait,teiiance, use and enjoyment - of the T'iebacks and the Crasie IJSe in conjunction tNrith and throue,ho', f the course of the consUvction, .insti llatio i and 4ev-,lopnient -of the Strata Project (tbe "Easentent ") as further set fordi oriel liinited in this Agr enient. The f:asameni for the Ticha&s shall covor ari area withtri and under the surface of the Eiv7:ian Parcel as depicted on the earth rely rit:ora draiviiigs dated Mwam t 24, 2009, prepared by Sclinabel foundation Company with re, 1pect to the Strata Project (the "Tieback Plans "). The Easement for the Crane Use shift cove; an area within the airspace alx)vc the Evizian Parcel as depicted on the C;rana Plans, The l,asemem shall allo be used for the performance of l..ionsbeaWs obligations aria duiies described in &L, jtpI „i, iIgI rah C: above, all in accordance with this Agree mcnt and the iVIOU. The 1 <asernenl niriy be used, enjoyed and oectipied by )!..ionshead and itg ngents, employees and contractors, and any other agents, contractor and invitec;s acting by, through or under tiny of them, and its assigii, (collectively Mill 1_ionshead, the "I'criiiittees” ). 2. Terre. 'I`llis l=aseiricrit shall become (Zective as of the elate of the mutual execudan and delivery of this 47cement together with tiie MOO, and shall remain in full force avid effect untiI expiration in aucardarice with this j?al_Iigr h 2 lxlai^v. sirs atsi9rs;i.Iz (a) Start vfConstruction, (i) Start of t'omstructiun Defined, For all pttrposes larder this Agreement, construction will be de•e. ned to hav4 beg-Lin on the &-ile wlien Lionshcad's contractors first begin ~`work to clear. the Lionshead Parcel of existing i.mprovoments. In any calendar year during the rem) of this Agreement in which Lionshead elects to proxed Ndth eomtruction, Gioiisltx:ad may begin that construction only during the period staring the first d2iy after the end of the Lail Nfowitait; ski scason and rosining through .Trine I" of that same calendar year (die °Cotninencement Period"). and at no other time. (ii) 2012 Y Lionshcad elects to proceed with constiuctiori of the Strain Project pursuant to this Agroetn=L Bien MouAlead must begin construc #ion no later than June 1. 2012, subject to the provisions ol:1'a., -q h 2 .a iii below, (hi) Extension to 2013 _ Stmt i)ate_ if Lionshead declines to. begia consttuction by June. 1, 2012, l,ic3rtsl €calf swill dill be entitles] to proceed with the development of the Strata Project: provided that Lionshead satisfies each of the follow4ig conditions precedent- (x) .Lionshead begins construction net later than June 1, 2013; (y) no later tl #aia June 1, 2012 Lionsheud (1) pays the Enzian Association $120,000, or (2) est#tblishets and funds at non- refwidsb)c escrow in favor of Fin7ian A,soeiatioa in the wriount of $120,€100 which escrowed 5120,000 shall c disbursed and payable automatically to Enzian Association by the earlier of (1) 10 flays after Lionnslicad mc:civc°s a perriiit from the Town, for xi =olition of the Lionsbead Ina on the Lionshead Parcel, or (2) June 1, 2013, and with such esc:rowcv avd upon Loch other tonns as arc reasonably aeccptablc to Eitzian Association; and simultaneous with the. $120,000 payment from escrow Lioashezd pays .Enzitiu Association interest at 12% per anntam against the $120,000 ac==ing beginning June 1, 2012 and contnuing until ttw $120,000 sum is paid tea &; Eitziaa.rissocaation. Tho i'urcgcing payiucnt of $120,000 to 1:;tlziaiE� Association shall be aionreihodable under any and all circutnstances, including with out limitation if Lionshead faits to begin construction on or before June 1, 2013; and (z) iio later than Buie It 2012, Lionshead pro -Mes the Enzian Association VAth Written police of Lionsl3ead's intertion to Proceed Aith the &velop ent ofthe Strata Project in 2013. (iv) Notice to the Association. In addition to the notice rtquired by P4r_1grjb 2 x' iii alx3va, l.inzisliead shall provide dr- Fn7i n Association Nvith notice of Lio nshea d's iiatenation t) proceed Ndth the developmot3t of lily Strata Protect at lew--t 90 &3!s before: #lie start of constructiom (v) 1,iquidateei Pam =,cs for Missed Start Date. If Liar shead �;o notihcs tltc Enzian Association ilia, Lionshead yell start construction in any given ±rear Us Nnnitted in this Agreament wed subsequently postpones that construction (if w)d to the extent that postponeawnt is permitted tuxder this Agreement), their Uonshead N4ill pay the Enzian Associafton the sum of $107000.00, clue and payable within 10 days after the missed constaiction start date, as liquidated damages and not as a penalty, in consideration of the inconvenience that Che change in Nonsltead's zc:isstraiction schedule may cause the Enzian Association, the Meml ess, or tb.eir rospcc:tive guests, invitees, tenwits, empknyc ", agciits, succcssufs and assigns (collectivcly, the "Association Parties "). The payment required under this P.ga - ph „�.(<2�y) Ali REl;.$i9[U3. #2 shall N, the note remedy of t? e Fnzian Association and the other Ai =ciation Parties for such delay; Mid Twither the lirazian Association nor any other Association Party shall have any claim for any other' dautages or paylrsent from I.imishead for any Nlure by Liomhead to proceed Nvith construction by the start elute atttiounced by Lionshead in its notice ter the Enzim Association, The pgyment to the l'xdan Association wider this F7rdaraph 2(a)(y) will constitute payment in full of a mwonable amount ior all damages the Enzian Association and the other Association Pariies may surer as a result of Lionsheacl's delay of the consi- ruction start date, coalrary to its pre ous notice, the parties' acknowledging [bat as of the date of this Agreement, the psfrties cannot accurately t_stirriate such damage& (b) Cornpletion of Exterior Work. Lioilshead will complete the ritgjor components of worm on the exterior of the Strata Project btailding so that. by 0) Novomber 2 0, 2012, if the start of comtructiori hw occurred during the C:onurcnc ment Period in 2011, or (ii) Novcmber 20, 20t3, ii' the Start of tonstivction has occurind daring the C. onillioncernent Period in 2012, or (Jil) November 20, 2014, if the start of construction has occurred during the C;« mmencenu,ni period in 2013, the following milestones are achieved and completed (collootivoly, thie" Required Work"); (i) The crane to be located on the ioutherly side of the Lionshead l'3rc.1, closest to the Enzian Building (the "South Crane"), is louvered and tii~ctnarttled; (ji) The scaffolding on the satlo southerly side of the Strata. Project building, Iacing the Enzian l3ttildiji& as shown on the nitachext Exhibit C (tile "South .Scaffolding "), is low=eied and dismantled; (iii) Comtmet,iort on tho driveway (tire "Drivoway" ) serving the 1`srizt<w Project acid located oil. the shorted easement area established tinder the )'swwment and Joint lkiabitenance Agreenicnt recorded NlFir b 3, 2004 under Reception No. $69685 to the office of the Clerk and rtecorder of l aigle County, Colorado (the "2004 Easemewr) in accordance with th4 requirements of the ivl.013 is complete. The Lilzian Association acknowledges that other work on the exterior of the Stour Prgiect may continue beyond the deadline set forth above of November 20, 2012, Noveinbar 20, 2013, or N vernber 20, 2014, as applicable (in any case. the `'Applicable Headline "), ail! that such continuing work may include; without limitation, (x) the operation of the second crane to be located on the northerly portion of the fjonshead:Parcel, near the F=rontage Read, tai the use of scaffolding oilier than the Solid? Scaffolding, aiid (11.3). landscaping work, on the Lionsllcad Parcel. (e) Liquidated Damages and Other Remedies for ?uFissii3�... t�tc Appji able Deadline. If Lionshead fails !o complete any of the Required Work by the ,,Npplicahle .Deadline, then Lionshead will pay the Enziaii Associalion, as liquidalcd darna; s and not as a penally, the semi of S5,Z;00 for cash day that any of the Required Work remains incorrrplo(c atier the Applicable Doadline, subject to the following. 4 taus RKIM19lurA2 (i) The maCimiani amount of Dquiaated damages for which Iaionshead rnav be liable larder this I?a-ajrgnh 2 {c is $�titl,Ot1D. (ii) If Lionshead will require the use of the SoWi Scaffolding beyond die Applicable Xmdline, then Lionshead may dismantle the South Scaffolding until the end of the 'fail - Mowitain slti season ensiilnB niter the A pplitmible Deadline, bird rai.w. the South Scai?olding again, but no sootier than the first day after the end of the Vail Mountain ski season after the Applicable Deadline, and ttraintain the South Scaffolding in place until and through the date the wart: on this Straps. Project supported by the South Scaffblding is cornplete, but under no oireurnstances later than Noveniher 24 of the year following the Applicable Deadline. I-or purposes of clarity, the parties ackno -Mcdge that if Lianshead disc .mutles the South Scaffolding pumuwit to this clarusc (ii) by the Applicable Deadline. these Lionshead will not be liable for liquidated damages under this Pa3ra„i T h ..2W (as long as Lionshead has riisniantied the South Crane by the _applicable Deadline). Similarly, if Lionshead disniaritles the South Scaffolding after ttre Applicable Deadline, then liability fur liquidated dmnagm vAll not coniiaiue to accrue after that date of dismantling (as Toni; as l.intzshwd has dismantled talus South. Chne). Lionshead shall pay the Fnzian Association liquidated dania;es as provided in this Bigamph 2 �1 within 30 calendar days of such damages being incurred. The payment of liquidated dtirrrag€s as prrividirl in ibis Para a h 2 c) shah be the sole reinedy of the Gnziarr Association Had the Wier. Association Parties for Lionshead's failure to dismantle the Solidi Crane, the South Scafiolcling, or both by d* Applicable Deadline, and neither the Lnzian Association 'n.or any oilier A-sweiatiari Party shall have imy claim for any other damages or payment fxoni [Jonshead for such -{'ailuie on the p<wrt of LionslieMu The payment to the Enzian Associatioa tinder this Pair• mh h 2(p will constitate paymera ill full of a reasonable amount for all damages the lstriiart Association and ilic othrr Association Parties may suffer as ar result of Lionsheed's failure te, disniatrntfe the South Crane, the South Scaffolding or both by rite Applicable; l3eadlitre, the parties' acknowledging that as of the date of this Agreement, the parties cannot acc-urately estim nle such dm- pates. If d.imikead fails to complete tlii Driveway by the Applicable Dvuibne, and the Driveway is unusable by vehicles and/or podestria ns after the Applicable Deadline, the l rvifin Associattion slia.11 have tlse, right (brit no obligation), at Lion sh d`s £lers t; e9 ca-use imprc eiiments to the Driveway to 1-: constructed aztd cnriiplete d Lso that ttu- I zian A�oc-iation and its rrreTAbCrs, guests. invikt�s and liCeosees may use the iXiveivaiy for its intended :tscs. (ri) Fc +ice llajertre. 'llie time required under this , greenent for any obligation inipenod urx)n l.ionshoad will be erteaidcd (iir any delays< but for no Linger thou) 121) diiys, due to ,-easons. beyond l..ionsh.ead's reasonable control, includin& but not limited to, delays eaa%O by i.ncleirkert weather conditions dial are abnormal in coinpadson to conditions ordinarily prevailing in Vail, € olorado, ort the date or dates in question; the unavailability of or delay in reel iving lats€r or rnateraals for reasons not the fault of Lionshead and due to stone -wide or i dustry -wide unavailability, strikes or work- stoppages; the imposition of any moratorium pursuar]t to governincniaf rr:gnilati.on, or the delay ill the 'issuance of required governmental srliprovals despite Lionshead's good faith, thnely acid diligent e€ brts to obtain the sane; lire or other C&iva ty; or acts of G-A ('force anajeure eiircumstauces "). lsbiwitlistanding the tats ttr.l�art�t et.rz generality of the torcgoing, Lkinsfiezd aoknovvIedges Oat a contractor's or subcontnic;tor's t1rew hcS of contrwt and the failure of any lender to 1..lonslhead to #und its loan eoinnhitment for LEE: CO21atrU(C60E1 Of the Strata Project will Hilt be considcred force majeum Circurnsti noes or othem•ise excuse ally iaik.hire on the part of Morishead to meet any deadline for performance under this Agreement. Fvrdier, l,ioaslhead will list good faith et&ts to Contain any ex rior activities in the open tion of the South Cnine or the use of the South Sezff'oldi.rg; that continue beyond the Applicable Deadline dine to.;orae niglaure circurnstances, sea as to rahigatc and ininintizo, to the extent feetsible, any interference with the use and enjo }silent. of the Fnzaian Project by, the Members. (e) E_N. itC .,f ;istrhhetion :C asement. 'fhe Easement shall tenninatr if Lionshead fills to turiely stcei construction is accntrlame with Paragra& 2(a )(iii and- liji). Except as otherwise .provided above, the Easc rent small toririinate no later than (1) N ovcmber 3t1 2016, if the start of construction has occurred on or More ,tittle I,. 2012, or (ii) Noveitiber 3.p, 2017, if the start of construetio€t has occurred ou or atler June 2, 2012.. 3. Construction Prices, Nlechaiiic's Liens. (a) Tiebak. %, l.,ion.47c:ad oovenaut.S to die 1`11-ziar€ ftssociation float tho Tiebacks will b:_, constructed and installed in materird conformity v.ith the Tieback Plans, The Ticliackc Plaits may be Ruther� modified as rquired by the Town or as detethrrinod by Lionh5head, so long as any weih modifleations do not create any nhaterial conflict uitE the other provisions of this .Agreement or materially awd adversely affect the use. enjoyinent or value of any af the Eaizkm Parcel. l,tonshead covenants that the construction and instillation of the 'l'icbttcltis %gill b;. undertaken in ah good and workmanlike inamwr; in conformity vjtih all applicable foundation or building pennit and legal consiruction requirements,. and pursuant to customary drilling construction methods; will riot pltysic4y dwtiagle any buildhig improveiuents presently located on the K nxian Parcel, mid that the construction will not impair any subjacent or lateral support for i4e.surface of or any irnprovetnents or appurtenances on the i wian Parcel. {b) Construction Activities. The par€ies acknowledge that 'throufghaut the oourn of tlhe c- nstniction, the lvlemb rs aiul the other occupants and 6sitors of the l nzian Parcel. may encounter conditions regularly associated with cosh~, €ruction activitiES, including construction deist, noise, and heavy eyuil7nhmt traffic, which inay inconvenience the 'Members and other occupants mid visitors. Lionshead shall 'use commercially reasonable efforts to mini€nire the disruption to the use and etnjoyrrnent of the lanaian Pawel, and to miniihiize dust, noise, debris, .thud allies other unsightly conditinns,.all as required by the Towns or by applicahle lax. if arty debris, huud and other uwil litly conditions upon the surtnce of1he .E:nriau Marcel, or d€ rage thereto result lion I..ionshead's actions pursuant to the construction of the Strata Project, tic rernova.l midlor remedying of the saine will be repaired and restored ptovnpdy by Lionshead at its solE€ cost and expense.. The foregoing obligations undertaken by Linnshe.ad shall E:cat be construed to apply to the conditions or damage arising from the exercise by other parties of other preexisting Mserlierif Tights ujuolated to flit cowtruction of the Sir-ata Project- the foregoing obligations undertakc;n by Liatn bead hV ll not be construed to irnpo,,e on Liorishead standards for the prosecution of construction activities theyrrnd those. which are cotnEnercially reasonsble, established by 'T'ol,,m ordiEhQUCes End the conditions of the b£riIding permits issued by 6 the ToAii in amnection. Mth the Sirata Project aid/or other applicable laves, rules and regulations of any govemmnental authority having jurisdiedou in matters concerning Elie redevelopment nt of the Lianshead Yard. {c) Mechanios' Liens. 'lrionshead will use diligent elToris to ensure that no mechanic's lien claims are made against any ownership iiiterr s €s in the Enzian Parcel that arise flow IAatisbead's coaistnx ion. If any such mechanic's lion claim is recorded against any such oAMership interests, then I ionshe -ad shrill, widiin thirty (30) days after the recording of sticli lion claim, obtain the roleaw of the aff&uxi interest4 in the l itzian Parcel xrrint such lien claim, c hofficr by discharge, bonding or otherwise, or alternatively; upon zed % ,anre approva[ of the i nzi in Association, furnish the H-nTrian Association or any affected hrlertmbor with ether security for site applicable lieu claim in Hano;mts comm�- asurate to iliose tinder the legal bonding requirements and oiherwi-4 reasvonably satisfactory to the Ruziar: Assaeiatlon or the affected Member, as applicable (mid so long as this discharge or alternative security requiretnent is satisfied, I,iorishead May conte,,;t any mechwiie':s. lien. claim in good froth.). IfLionshead heels to Ornely cause any lien claim to be released, the 'l rizian Association. or the affec:t.Pd. Member, as applicable, may, at: its option secure. the release of the lien claim by any mean,, available, including ley payment, bonding or rewre to any security .furoishAA by lJoilsl?c ad, in which case Lionshead stall, within 30 days of de- inand, reimburse the EnZiarl fi st,063tion cr the affected 1 lomtw� as applicable, for all of its costs and exKn,%(,s incurrede including reasesnable attorney fees and board premiums. (d) l nrian's_..R resentative. Bob Reziwine, P.E., a consulting engineer Brig -aged by the iii zian Association in connection with this Agreement (" Enzian's Representative''), lilts boxx famished with a copy of the Tieback Plaris and the C rztne Plans. Should it be reasonably necessary that E nzian's Representative have access to the Lionshead Parzel during the corisirttctiorl of the Strata Project for under€iking i,tspections to assure. cort pHance. vvith the tenns and provisions of this Agin racni, reasorinble Access shall K—. prOVidCd, 3rD 1OTig DES SIXI1 !XCeSS 'Will not interfere with the consiractit -m of the Strata Project or pose: a risk- of beadily injury or property damage. 'tote nzian Associations must obtain I.iow%heacl's prior authorization before entering the eanstrrrction sate on the Lions -;head Parcel for purpose; of the tcaregcsi.ng, which consent NNUI not be unreasonably withheld, and Lionshead may require Lhat Enzran's Represent?rdve he accompanied at all limes by a representative w1ccled by Lionshead. The Brizian Association may change its ) nzian's Representativc upon written notice to Liorsl d. 44) Mc�ititcritT tiv , iflt�siti d, Lionshead, at its sole coast. and expense, shall monitor any potential movernear of and rosultrtrg damge to the .Enzimi Parcel related to the oonssruc:tion of the Strata Project. as follows. (i) For the: purpo" of nionitoring any such moven.eut, Lioushead (A) will sunny and photograph the interior and exterior of the Enzian Project . improvenicius, v0th such survey to include "spot crack mapping) " in order to establish an informatiom'd base of the: euistiztg condition of the buildings and improvements on alto .EriziaTi Parcel, which survey will be Completed before the commencement of any excavFaiion activilic . within the Lioriahwd ParcW, and photogniphing of the exterior and irterior walls, including the iwU .ping tot.12 interior wau+ of the Enziaim Project units, t*.nd (B) wit] histall. aid maintain u .zminimurn ox six (t;) nionunient measuring devices {the "Monument Ileviicee') upon the Enzian Parcel prior tcm the corrimrmcncement of any txcavation activities %Itliin the Lionshead Parcel, '17he F; izian Association shall enus.e Lnzian's Representative, to ecK)pewe diligo tly %ith i.,iok1 head in rarthera ace Ofexpcditing these functions. (ii) Initial readings of the .lydonunion t Devices will be taken plior To 'duy excavation activities within the Lionsltead 'I'= -el. The 1*tnttutnant I)<vicvs shirl.l bc� monitored 'by Peale Englince£mrmg or anoth r gaal.lfieZ Surveyor or engineer reasombly acceptable to bode parties (the "Surveyor" j, engaged by the Ennan Association at ljonshead's SOIL expe ,se, ii.5 rollows; (A) kiiiec a week durirmg excavation and Tieback acdi ities tatmd during construction of the entire: i-burrdation of the Strata Pigjeet, until. the, foundation is iminpleted; (B) oue. time per month after completion of the construction of the foundation (wwhich shall include footings and bsm�ment walls) and until the Strata Project is complete (as evidenced by the 1 mum's issuaiice of a temporary orary Ear penuanent certificate of occupancy or cxmapantble alteniadvc %iron of penTi t or approval); and (C) one ante: each six (6) rno €alts after time Strata Projcet is complete dor a p(triod of one (1) year. 111 Surveyor shall provide a v%Titwn :report, ether by fat 5i.tililt ,, a -moil or personal delivery, of the m3tilts of the mri - astirernQWs taken pursuant to dais Para ra lm :i c }(ii), to Fnzian's Representative, after completing each set of rnessauremonts, I'snrian`.e Reprosentative shall snake his fax, a -inall and address :infomtatfon available to Lionshead for this purpose. (Ri) In the event that the Monuiue a Devices detect movement in the Erre-ian Building (A) that is in execs of vertical defections of .50 inch trigger levels, andlor horizontal defections of .50 inch trigger levels, and (R) that constitutes differential movement rcwIting; in darnage, to suvh building improvements (a "Mat vial Movernenf ), then Lionshead shall immediately siuspctmd all excavation or Tieback, acthi les until I.iorrshead is able to institute measures reasonably.net. *sary tcm prevent any additional damage. Idonshcad shall I)c fully liable for any and all such dammgc and tfre requisite mpairs pursuant to I_F.onshead's irdemtnity wider f'urp r p}z, below. (lv) 'Me right of Lionshead and its Pennittees to enter the I�:iirian Building is li mmiied.strictly Ar the purposes of (y) establishing a baseline for assessing any chkuipes to the Enzian Building acid related irrmprovenicaW on tic Fuzian Parecl durim >g tl.t: course of Lioishead's cortstruotion activities, and (z) monitoring any such ohange as described allove. I.iommshead %will Coordinate with time Enzian Representative it) scliedulhig arty entry on the F,n7ian Nvocl for time purposes described in this .111 graU13 Le&i a, rvztlt flee undetstwiding that Lionshead xNill be pennii.ted to enter any individual condoininitina wilt or other portion of the Enzian Building only after providing the huxi.aii Representative with tit Least 7) hours' aadvance. MUM M (!j I1l.I)atnmr� c to gnzian Pueol or Eraziai j3ui1„din Y. Intrusions of the Tie-backs, the Crane Use, and the coristructioa of the Strata Project shaall not daniage. the Emzian Frojmt irrmproveni=,ts, including, bat not :limited to, time fowidation, trees, sulisurfaoc support caisson.% water and drainage facilities acid any titility smrvice, metes rr•.r�ltsom�,ri.m? En7iari'<: Representative shall have taro right {siabjeot to the limitations in Pa_uW afh.3 above) to iinsl rect the foundation coustrl£ctiorl work to b Nrformed on the lsionsbead Parcel and the exposed £emporary slroting and foundation Tieback system on the Enxion Parcel while the excavation is still oPen. (g) Limitations Enxian's ]Monitoring. 'nic Lit7ian Association's exercise cif or inaction with respect to, inspection and monitoring rights under I' r a lrs ; x_�(O and 3 above (i) shal.l otherwise have no effect on the i€rclemi ication provided pursumnt to I'aiLagrprli —" of €>ris : reenieiit, mid (ii) slrall riot lie construed to make Lionshead subject to atiy iia bi.lido ar maiedies in the absence of my property damage or other liability or loss suiTcred by the Enzh i Association or any Mc tuber in violation of Chis Agreement., 4. 1 7lie Ease=mt shah be non-exclusive, and the matt Associalioir, on its own b&alf and onbfhalf of its :Members, expressly reserves the fight to the c uclis €urbtxt rsv, enjoy wont and occupancy of the surface of anal all dialer purtic€ris cif the E iatn Parcel for any and all purposes that are not irrciirtsistetrl'witli the terms of'the Easement mid the t:ighis and interests afforded tcl Lionshead under the terms of this Agreement, The llnzimi a�scc iattioil$ csrr its nri. lx>El£tlf ancf on behalf of that crone of-them sllalil do or pc:t nk anything to be done twhich physically disturbs or .impairs- the function of the Tiebacks or the Crane 1.7se alw ing Cie course of the construction of laic Strata Project, or which ol.lienvisc nutierially violates or interferes with the use and enjoyment of the liasetnent Ly Lionshead orate oilier Permit,= S. In dcmnity. (a) ndgnL-ti -b5' L onshead, Lionshead, its successors %d assigns, shall fully indcninify, and defend the Fm ian Association and the other Association Parties, and shaIt hold each of'tlern hxrnle55 frond and ai aiaq arty claims, Causes of action. s ilts.l3'ai ill ties, damages or losses grid expenses that arise or are incurred by any of:'theal as a result of any personal ha luny, bodily injury, sickness, disease, dearth or luoperty loss or damage occasioned I!= die undertaking of the construction or any act or otnission., including without limitation die negligence or willful miscoaduct of :f ionshead or any of the Permittees in rek lion to the riglits provided under this Agrecirkent, or the Strata Project. or any brc:-ach of Lionshcald'.- obligation; under this Agreement, or wider the :a4MOU. `Paris indemnity will also cxov4-r and include reatiwnarble casts and oxlieuses, iirc:hidbng reasonable attorneys' fees acid corksuitant's fees and expenses, caused by or arising out of miy inatter inrlcninified uricler (ho fmcgoing pTovision, (b) Limitations onlitdenu tv. Noiwi£im milling any implimitions to the contrary iat the forogoitrg provi: iWD. (i) '1'lie foregoing shall not be construed to waive or lit-nit any mgttirements unposed upon an Association Party by law to mitigstte its d images; and this indemnity s }lily not apply to Mr Aters if and to the cxtent stenrniing from the negllgenctt, willful rniscondttct or breach of this Agreement by the Eirzian Association or any of the other Assriciatiou Parties; and f3t;S iik,2Rrglil1,12 (ii) The foregoing indemnity ;sImll not extend to airy matter for T which Lioushe ad has expressly agreed, either in this Agre oxytent or. in the 'iV - motanduni of U'nderstaitding, to pay a specified suns of money as liquidated damages or outer compensation for a delay in Lioashesd's perfaarr i nce of a stated task beyond a stated milestone or deadline. (c� lirvi�al••tl(�lz� czririity Obligation. lltia indemnification provision shall sunive terntinatifln or (!Npiration of dais A.g?recinent. Remedies, Attorneys' ]gees. (a) T'eYe let i s. The rights of either Jiie Hzizia n Association ur l.lonshe,gd hereunder may be enforced by any reineelies available at lase or equity, including, widiout limitation, talc, recovery of dainagc- „.and where appropriate, hijunctive or Other equitable relief to.I?:Lwnt. the ow.urr4am, or continitance of any defaWt under iltis Agmvnaent, or to caitorco the performance arla observance of the towns of this Agrourneut. All rerm;dki shuil be 4minulatsve whh and in addition to, and not exclusiFe.of one €uaother; any and Lit] remedies may be pursued by the non-defatilting panty either successively or oonourrently. and die exercise «F any erne xmt;edy shall not be wastrued as or constitute a bar to the -excyMse of any outer maiedy. All unpaid balances dui- either the Erman Association or Lior6head under this Agrc aitctft sltail bear interest at the rate of twelve percent (12 %) per annum. (b) iLI( rLeys' i=des. In die event any legal .proceeding arises out of dais Ag*reetn(mt and is prosecuted to i :inai judgment, tlac prevailing party shall be entitled to reoover front the either Marty all of the pmvailing party's costs and expenses incurred ill corittection tlierti%itli, including reasonable aitompys' foa!; (and any presiding court will be bound to mal e this a-lm trd). Should the E1pplkatlon of this provision -'.fit any cLa umstaUce prove to conflict Aith any other provision arthis Agreement for the allaoation of attonleys, ices, this pro- %ri.siort sliall be cantrolling. 7. Successors in Int=st. ` is rights., interests and obligations of the parties uu r this Agreenient, hicluding the l :assnlelit; sliall touch and coswern and nul with the land ifs a k -refit and burden to the ownership of the 137r/iait. Parcel and Liotnshead Parcel. Furthorrfacsic. all references es herein to the "I "nzi an .Associatioif" shall be deemed to ere. oniptass and include. its constituent ,iiernbers, mad the Enzia£t Afisociation shall be obligated to eause its Members to (abide by, conform to, and retrain from violating the !Marian Associations express covenants' ubligations and duties hereunder. All references to ” Lionshead" shall be deemed to encompass and ind ude any suec%sor in interest it way have for the. development of the Strata Project, bat niece the Strata MP ji'ct is completed (o., evide..nccd by the" 'I'nter's issuance of a teirpo: ary or lscrInanent c:cxdflcate of occl panc:y or ennalrarablo alicmadve form of permit or. approval), !he covenants, obligation and duties of Lionshead hereunder shall not ruts to any of I ionshead's suc:oessms in interest in the ownership -of the Lionshetad Parcel. In any case, the piuchasa rs of an cs- ndominium limit's within qle SrrHta PrDioct and their sucoessurs; and any related owners ,association, shall not have any liability for such rovenaam, obligations and duties. Notwithstanding any such succession of ozvnexship interests, Lionshead will remit €x3 liable for its i`,E7v£'rtants, obligations and duties ender flans Agreement. 10 1ir:S Z9101 .11 S. Audiorily.. Lionslaead hereby represents to the 'I nAari .association that. Uorishead leas taken or received all c:ogvrate action or authoriratims ne=ssary for Lionshcad to e to into this Agreement; that Lio"uslietad's entry into this Agreement constitutes the duly mithorized corporate- action of Lic nsbead; and that this Ap"niont is binding on Lionshead. The I n7 as Association in turn mpresents to Lionshead th ai the i nAon Association has taken all actloius mid mceived all consents or authdrizations from its board of directors (ho -wever CleT )r'nimted) and its Mcnibers which are requisite to t1w 1 'suzian Assoeiaition�s entry into this A,i reernent', that the I<nzian Association's entry into this Agreement ecomMitutes. the duly authorized corporate and association Faction of the Enz an Association. and that this Agrcemcnt is bindir lg on the, Eiv.ian Association and its. constituent Members now and in the future:. 9. C nrnpfe i n f�'o,_.wn�trurfirl . Unless sooner terminated ui accordance wills Parngrgpl „2 . above: capon the completion of the construction of the Strata Project (as evidenced b} the 'T'own`s issuance of a temporary or permanent certificate. of occupancy ar comparable aalitarnaative form of permit or approval), the Eaasemeiit shall Ionrainste, I ionshead shall cease to use tlir, Eascmcnt, all .rig= tt, title and interest of l,ionsbead under this Agreement shall cease and Terminate. the Pnzian Association shall hold itie 73nziaii Parcel Ne frarn the rights so abandoned, sand Lion, shall be deemed to have abandoned its rights gahted bercin and will have no furtlier might to the, use and enj oymem of the `.f'iebacl:s and Miail be deemed to have forfeited the 5;une. However, upon such tQuy6n.ation of the Faacement, it is understood that tho Tiebacks- will be abandonedd in place on ibe I tixiari Parc;el,.and Lionshead shall have. no obligation or ditty to remove the same. Upon S .tach abandcrninmt, the finxian Msociution. in team and at its election and without obligation to Lionshead, may .leave -the. Tiebacks in place or otherwise manage, In.4t or dispose of the. Tiebaoks in any manner pemiitted by law, and Lionshead will have na further obligation in connootion with the TiebmIs comme;�nciuP tiaixi and aittcr such abandonment. Upon the termination of the Easement curt; to completion of consmotion or otherwise, either party, aeon the request of the other, shall execmute wed deliver, a wcordabl.e iiastruineut rxaar iirmiaag that such. termination bris. occurred, and that the parties are released front any further obligadoroc and duties hereunder. 'Notwithstanding atiy transfer of the Lionshead Parcel or any portion thereof, 1. urwbead will retain the right and power to efTec:tu to sack confirmation of toraiiiiation unless such rlalit and power are expressly assigned of record. . IU. Insuranee. Lionshcad etrvenatats and.agrees that it shall at all rune`; during lies terra of this ,Ai re3 anent and during construction of the Strata Project, maintain or cause to he ir- airnaained, Lt no cxptnsc to the I!'tman Association, with .respeQt to the Strata;: Project and the use by or throagh Liotislxad of the Eaziaan Parcel pursuant to this A.greemoot; (i) commerchil general liability ilimraance and excess liability insuraaici with Iimits of $1,000,000 per occurrtizncc ($2,000,000 in the agotegate) and 36,000,000 reslhetively. which shall include a per project agyaf gaw limit midorsement vd shall i1amC the I.•iozian Asstx Cation gaud the Mombors as sdditionel insureds, and include the following coverages: covxactilail liability, personal injury, death, broad forum property darna;e, damage to prcrlavrty of others, endor=ncnts for liability with respect to any and all clainis aac3ainst which Liombea d has agreed to iiademiaify die Enzimi Associadon, products/completed operations, arid lirc:rnises_ "l'ltis coverage shall be primary, noii- contribulm , and live loran the "XC:U" exclusions for explosion, aand collapse and tmderground zw Nids, bait. in any case tna} be subject to standard excltWons for environmental niatte.rs; shall, not be cancelled or altered except on 45 days' pricer written nolim to (lie Frizian Assoeiatiom II MI ;S RF,211FYI Ct2 shalt contain a provision that k n7jan Association and any of its Members. although married as additional insureds, shall nevertlieless 4r entitled to rccovor tinder such policies for any loss sustaired by them notv%rithstanding any negjigence by Lionshead or any of its Pernxittees, and shall i-4 written by insuranw cornp�uties duly qualified to do business in the State of C;olomdo anti having a rating of not less than A. as established by Best and Company, and (ii) worker's compensation insurmice in anrounis equal to applicable statutory lianits for workers eng,%ged in the Construction on the l_' vIan Parcel_ Such coverages under clauses (i) and (ii) above tatty be rnihitained in whole or hart by Lionshead and/or by its general contractor or subanitractors, as Ljunshuad niay elect. Lionshead or its general contractor for the Strata Prct}ect will provide the Inizian Association with a eerixfrcate of insurance for the coverages t0quired Above prior to commcnoernent or any construction, All property insurance policies shall include a AaiNex of subrogation vadorsen:ent in favor ofthe Enzian Association and its hlerttlters. 11. 4evetability. if any teen, covenant condition or prmisioa of this Agreement siiall, at any time or to arty extent, be invalid or Linenforceablo, tl, remainder of this Agreement shall not fie af)i ctcd thereby,. it beirr the intent of ilte pwfies that this Ageement and each provision hereof shall be enforceable anti enforcod to the fullest extent permitted by last. 11 Kepip ggk1y, If, in the future, the Einzi:an Association decides to ternadel Or replace the huprovements on the Enrtan Parcel: then Lionshead, for itself and its successors in interest as ownc.r of the Uoxtsltead Parcel, agrees to grant the F: nzian Asute:iatiurt a ufamtnictioxt o-aw rxent xith suhstnntially the same terms as those container- herein, to wQ- urnruodaw redmteloprneni of the 1'sna..iat :Parcel, including without limitation allow rrg for subterranem tie - back anOors, soldier bearns and related materials tmder and a crane to over swing the Lionshead Parcel, Aith the undersLmding that Lionshead will grant easements for tiebacks to the extent €beiLsiblt� tinder ;hell prevailing engineering, standards, and that any excavation for a new Enrian pio ect sbail Ire limited to a depth rnaWhiug the .base of the basement wall footing of the Strata Project foundation (and no lower), so as to avoid the undernii,tartg or other disturbance of #hc. foundations and footings of the Strata Project. Further, the EanAan Associelon. acknowle ges that it -will be responsible, at its cost, for the repair or mplacenxent of any landscaping and other irnpro emettts located on the Lionsheaei Parcel that are damaged or destroyed by the Enrian Assoeiafton's work, sit that after cornpletion of the i:n-r_ian Association's work, the affected improve.nents on rite Lionshead Marcel are restored to a condition at least as good as the condition of those improvements lx:fore tic cornmenceinent of the Enman Association's work. 13. U ntiri_Apreem e.M. Thrs Agreement end arty other t:mnlrauts or agreerztenis specifically referrcmd to beTein represent the entire agTeement between the: parries ltvreto vA2th respeci to (tic subject matter hereof, and all prior or extrinsic atgree rents, understandings or aeg,odations shall be cit:rmed merged herein. All Exhibits refeiTod to in this Agreement trs ;tttauitcd here to rite herby dec=d ixtccarpr3rated into fltis rlgreexnent and made a Part hereof 14. Mules of Construction. 17be headings which appear in this A(Ire.etnent arc for purposes of cony erricnce and reli rencc and art: not in any sense to be construed as modifyhun the paragraphs in. which they appear. References herein to the singular shall include the plural, and to thr• plural shall include the singukir, aired any reference to any one fender shrill be dterned to include and be applicable to all genders, 'floe rule of construction to the OfTe :t that arty: 12 t3uS r2r- %1s14103.r3 ambigui €ic:s are En be resolved against the drafting pirty shall. riori he employed iii the inteTpretation of this Agreement or the exl-dbits attaehed to it. IS. CioyerninLy Lavv: Veaue_ 11E,is Agii:meniont shall be goverueel by acrd cons€rued in accordance with the laws (if the State of Colorado, Exclusive venue #br any legal action arising Irani or related to this Agreement shall lie in €3u: state courts in and for Bagle Connty, Colorado. 16. Modifcation &nd Waiver. No p- arpo.rted MsAMC -atiml of the terms of this Agreement, or purported Agivor by any party of any of its rights and interests hcereuiider, shall be binding uuless and except to the ex €eni specifically set forth in a writ ten iiistrunient executed by aw party a€�,Tahlsf l;lliil7li CI.t'f01'Ci:CFiN�i3t: f3'f t11c: I?iil'(,7e)r€Sed modification or wai.vor is sought. 17. Ccw>t tarts, This Agreemeia may be executed In coimtcrpails, each of which s -Ol be deenied an. original, and all of which together sli<all constitute one and the saute instramcnt. and agreerneut. .18. Notices: Hukincss Days. Any notice required or permitead under the teems of this Agi- coment shall 1iu in wdtitig, iriay be given by the parties hcreto of such parfies' respective legal counsel, and shah be deemed given and r4ceii;e€l (i) when Mind delivered to the intended reecipicnl. by whatever ineans, (ii) three (3) business days after the saFne is deposited in the LT inited States riiails, ivAh adecloate postage prepaid, and sent by registered or cerfifizd nee {il, with mturn rcoclpt requested, or (iii) ono (1) business clay alter the same is deposited: with an overnight courier service of national or international reputation having a delivery area cnc*mpassing the address of die intended recipient, with the delivery charges prepaid. Any natice under clause (_. ), (ii) or (iii,) above shall be delivered or mailed, as the erase may lie, €ri the appropriate- address szt forth Mow. If to lJorislicad. R<Arigo C >rdna 705 Wiest l,ionshead Circle Fail, Colorado 8 165 Witli a simultaneous Wiy tit: Rebecca Anderson Fischer Sherrwin & Howard jL .I:..C- 6a3 -17`h Street, Mte 3000 Denver, Colorado 80202 If to t`t€ Iwttziati Assmiation; Me 1:)nzian Condominium Association Attu: Ocuff'Wright 610 west Lionshead Circle Vail, Colorado 81657 13 BUS rtEUsOWL12 1',! i €h a. s;multlancous copy to: Daniel 11, Wolf, Esq. Wolf & Associates, P-C 953 South Frontage Road west 'Mail, Colorado $1657 tiithz.r party array chaaago its addresses ancVor fax munbers for notim pursuant to a wrii€en notice which is given in accordance with the terms hereof. As used herein,. the term "business day' sh all mean any day other than a Saturday, a. Suncl W, or a legal holiday for which U.S. hail serrzce is not provided. Wlaettever any daty or die expiration of any period Specified aaxdcr this Agreement falls on a claw other than a business clay, then such date or period shall be deemed e ,\tended to the next sucomditng bw5incss day thereafter. 19. ltepresgntaatiors. Enz:ian retakes Ito mTweseniatioaa as to the rendition of the f:'s azaan k'arcmel, the condition of its soils, the location of its utilities or auy other matter. 20, Rc� djag. This Agreement shalt be rmorded in dtc real property rL- 'Cords (3i to le C_'aElxlty, State of Colorado, at the expense of Lionshead. 21.. [ntev, -st. Any and all amounts due under this :1gn=ent shall bear irr €em -st. at the rate of one percent€ (M) per rnomb, and twelve percent 02%) per annum, compounded IN WITNESS SS Wlil'i EOF, the Hyman Association and Lionshead hate remade ties f oatstmtion E3 emcnt Agreoment as oldie day, month and year first above written. 14 BUS itlL9fQ101.le ��A W�r7v/1�A�(Ns AT� �Vy}�A).T{L CC�:`'sUi}MINtIUM {{ 14 T 4te� -S�aw CO�i3t8fE1411 STATF OF COLORADO cot NI l S O Tin, foregoing iastmmonl was _ 2010, by i�11i V Cc i �3ri4r31iziI&Ala", c Wifum my hun ' . offickd seal, chC ioo g—ed bdbxe inn this day Of as a t olOV�o nonprofit wrporation. MY c fission oxpim. A /"� ;Latl�ry 1'ubEis ISignat #ry blocks contitive on next Pagel 15 :iris POIV9101.12 r_at.wntt NIA ALL-PURPOSE ACKNOWLEDGMENT S €atr,,• of C.atifam €s }� ......... ... ._ t "1 beforo tie, NGt$#rtf�tr_s „, i�i�'iU� rV Gds l��i !. _.. Dr3.......... �s— -.... - A -. . ti•�s -I '"�""'""•• rre:a ;ayM !i3:sa`UnO rya n!!na � • persenv'IW ap eared....`. -Ltd n. �>�1 h.._.._.. Y _.,.,.... � ................ °- ._..._.... • taus:M"�vo &ia�rt91 wino proved to me on the basis of catisfactGy evidence to pia ihs persor40 MA OW rlr:meM 36taca subscrtbad to the within instrument and acknowiedged to pe that €3e?ske” executed the same in hiwr4e*Ihe4 authorized c-apacity {irk; and that by hi,*�bq(4 & sicgnatu?� on the iftsirument thPi parson(*, nr the entity upon behatt Of which the pemon{*ected, executed the instrr mart. I certify under PENALTY OF PERJURY under the mien -0 laws of the State of Gatifumia that the foregoing paragraph is truo ana eomec:. got aw" too* WITNESS hared and ofrcial seal. ?'fac�!�'Y Soa!AACKY:dsf^.is fd+m'a � ukdT;7 y !t7amy PaPBc OPTIONAL nxwgrt 1!,0 woomx: km twibw k: no fwdrad by law, it Imu p .. Y k,,fkra ro F &,: X v on tna dowrr,crri xmd couYl��vairt frauJ:rk;r>1 r5»xzval,�1?d raaa�cfrrtranr rrf tfr#s %Era tv unv'hsrdGCUrrjent. Description of A,'ttacftd ttti�at Tstly or Type Ct i }ncG!nent Yt°J C{aC r!t`1Q t Z^cfimzrit pate: ...._-- ........... .................. .......... .. Number of Pcges: .......- _ _ Sigt3er {s} Othet T tract Named Abave: _,,,,. „•,,, capecity(fes) Claimed by Sig r(s) Slcrtar'sNarne A.�.r) ���...... ' t:S E;nrporasa Or'fter - •-- T {:3E:ts }: _....... t::l €ndivitisa €,:: i�artttsr•• -• ;: timit@cr G Gera? Eon or ��� !'..1 Tlt3ri ?(if] ._r E;Z7arrji�il CY Signer's Name: ._ ..... _ - C) Corporate Oificar — lftlo4 )'. ......._ ....................... 0 €ndividuat 0 Parfner -- ;:'• Limn W 0 Gefruruj ; rte, c! ft'Ith W e :1 Attorney in Earl G Trustee- .Guwdiart or Conservator i I 0 Other: ....... i Signer is r?erc5enting: _,.,, dr�aT• vxvc�n�dvxA�•: Ysu': 7n• KL. LYrSna+ WC. P. Oawc2A4.'.• fft; Aiwo:£+. CViLi7T5yA72•wwv.NiCU:ap7PMy -aU 1xnxY!RUi Nx,oetC- ti!TdLFay7•GCAfi'T�+ )JONSHEAD- 1,K)NSHEAD INN, LLC, a Colorado limited liability company .......... ................ STATP OF COLORADO COUNTY 01' Tha foregoing in stniment was nknowledged before tile this day of 20-10. by as Wit LLC, a Colarado L liability c (7 Witness my hand and official sea]. NIN 0oulwislAou expires- ... ....... ------ Notary Public EUSTAQUIO CC RTINA rr NOTARY PUBLIC t STATE OF COLORADO my commiawn E!Wr" 111"2012 16 131M,,R0,281%,01.12 EVIAbit A Description ofLionslicad Inn Parcel Parcel A: A portion of Loi 1, Block 2, Vaillf.ionhead,'Mirct Filinu_ described as follows,. Beginning at (lie most northerly comer of said Lot 1, which point is at the end of a 25 foot .radius otm,e and on the southerly right of sway line of Interstate :highway No. 70; thence. sotdowesterly on said right of way line 125,00 feat ailong the clip of a 365€3 foot nedius crave to the left whose: central angle is I degrees 57 minutes 44 seconds and whose long chord hears S. 67 degrms 27 minutes I I. secs nd.,i W. 124.99 feet; thence S. 23 degiws 02 m;'nutcs 46 seconds .1:. 210.34 feet; titerice S. 79 degrees 10 minutes 53 sceoncls F. 80.94 feet W? a liailiit on the casteFly lime of said Tot 1 which is oil the arc cif a .150 feat radius curve; thence northerly along said <tsterly liras on 1170 following four comses, 1.) 1&00 feet along tlie. are of mid curve -to the. left whose central angle is 6 degreos 52 inn nttes 2 seconds and whose long chord burs N. I degrees 26 minutes 16 seconds E. 17.99 feet to a Point of tangent; 2.; N. 2 degrees 00 minutes W. 1 85,00 €'ect to a point of eauve; 3.) 40.96 €cif ahmg the ate: of a 125 Coot radius curve to the left whose central aaRgle is 19 degrees 46 minutes 32 seconds and whose icing chord bears N. l I degrees 23 1ninlites 16 seconds Wy 40,78 feet to apoint of compound curve; acid 4.) 35.61 icc:t along the are of a 25 foot radius curve: to the left whose cccatral miglo is 90 degxr;es 47 minutes 25 seconds and whose long chord bears N, fit degrees 10 minutes 14 seconds 'W, 35.0 fe0t to (lie point of be inning, Coun€.y, of Fagle, State of Colorado. Parcel B: That hart of Lot t, f3loc€c 2, Vaillt.ionshead, -Diird biting, according to t13e .Map thereof reecir. to l in tl ?e office of the l ag4e County, Colorado, Clerk and Recorder, described as follows: Beginning at a poitst on the Soutfaerly right of way lute of interstate Highway No. lit whence the most Noyaw ly comer of said .' of I bears N. 67 degrees 2TI I" E. 124.99 feet; thence along said right of way, 150,01 fist along.the arc of a 3650.00 foot radius curve to the left Having a central angle of 02 degree% 21`17° raid a chord that bears S. 65 degrees 17'41 " W. 150.00 lee€, to the Nortlietsteriy uarncr of Vail Spa Condominiums according to the reap thereof recorded in the office of fiatto County, Colorado Clerk. and Recorder,, thence. departing said right of way S. 23 degrees 02'46' 1-:, 178,40 feet aping the Rwsterly bowdtary of'said Fail Spa f. onclomiiaiur:-is to the North %N--esterly cosier Cif Emdan at Viii C.ondotiatiiums according. to the Map thoreor revotded in the oj'fJee of the Fagie County Clerk and Recorder; thence following rains: cours," along the Northerly, Easterly and Sontherly boundary of said Enzian at gait Condominiums., 1) N. 66 degrees 5TOW' F'. 93.10 feet; BUS. rtEIMI)t01.IZ 2; S. 23 degrees 03'00" 1?. 44.19 Ibet; 3) 1\. 66 degees 57'00" E. 21.50 feet; 4) S. 23 deg-rees 03'00" E. 10.55 feet; 5) S.69 deg Tees 44'54" 40.47 feet; 6) 7.83 feet along the arc of a 5.00 font radius imm to the Tight .having a "Titrai angle of 89 degtves 44'54" and a chord that bears S. 24 degrees 52'27" F. 71A6 feet; r} 5, 20 tlgm —s 00'00'! NK 19.02 feet;. 8) S. 57 degrms 56'00" W. 16.91 feet; S.66 degrees 5TO ' W, 114.603 fc-el to said. Hostcrly hotiridary o Fail Spa Condominiums; thence. S. 23 deuces O2'46" l:i. I7A feet along said. Easterly ix)tuidary to a point on the Northerly right of -way line of West Lionshead Circle; thence following two aitlrses along.said right of way; 1.) 20.97 Awt alorip the: arc: of a289.00 feat radius curve to the right having a eentr;d angle: of 04 degrees 09'2 7" and a:chord that bears. S. S9 degrees 15'51" ):.;. 0.97.feet 2) 23022 feet along the arc of a 156,00 foot radius curve to the left having a aeiItrA angle: of 87 degrees 561.9" mid, a chord that bears N. 48 degrees 50)`42" F. 209,2.8 -feet; Lhence depsuytit4 said right o9' way N, 79 degTem 10'53" W. 80.94 feet; tltonce N. 21 degrees [32'4(7" W. 210.84 feet to the point of begilulii>& County of E: agle:, State of C olrtsuty- 1s Bt3S RN,7. &24tW,12 V-31hSbit B-1 Crane p i ans (Staging.and Access Flan with crane layout; ane sheet dated October 31, 2008) Sk a N �'• io xo Z err �N M. / kis w.... 2 ,,... w. ........... ,.,....,.� ..................... . .. w..,.m.. -.- ... ..... ......e........ .., s. -- Exhibit U-2 "Trwtsformer Relocation Areas x •�'�� -�, � �: } '�c?� �, of '' \V:•*' M �a`.,11 ; fx •�-� � .�e k � sus - !i - t 11 r- t Exhibit B-3 Area Affected by Parking Sp=-'.,Regr%fing Work ii In m . •......... ..... .... ...... NMI $9 'E xhibit C Location of South Scaffolding Now -w vw � . ^_& �� / /� �� / V",t- DUSLPIM34770843 P1,40: 1 Of2 WMI'lal