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HomeMy WebLinkAbout1.01 Application Appendices_Part18 January 2008 Sunlight Mountain Resort, P.U.D. SEI/4NEI /4 excepting therefrom Hall Lift Parcel as described in Book 619 at Page 435, NEI /4SWll4, SEI/4NWl/4,WllzNE1/4 excepting therefrom those parcels described in Book 429 at Page 245 and Book I I l9 at Page 937; all in Section 32, Township 7 South, Range 89 West of the 6th P.M., Garfield Countlr, Colorado. Said parcel contains 181.484 acres more or less. Together with: s w I /4s w I /4,s I I 2NW I I 4, S W I /4NE I /4,NW I I 4SEt I 4, N I /2 S W I /4 excepting therefrom the Brettelberg Condominiums as described in Book 448,Page 530; all in Section 33, Township 7 South, Range 89 West of the 6th P.M., Garfield County, Colorado. Said parcel contains 286.853 acres more or less. Q:\2006\532.002 Sunlight ALTA' Sunlight Mountain Resort PUD 8jan08.doc .fITLE .\ND OwngERSHIP oF Pnopunty 'l'hc Surrliglrt Mourrtuilt Rcsort PUD is conrpriscd oIa nurubcrol'parccls of rcll ptl)perty ourrctl by six (6) ditlLrcnt o\!r"tcrs. Thc nuncs and uddresscs of thc six (6) owncrs urc irs lbllorr s: Surrlight lVlourrtain Devclopnrent, LLC AI'TN: Mike Dooley 330 Franklin Rotd, Suite 135-A, 107 Brentrvood, Tcnnessee 37 027 Ph: (615) 377-6793 Sunlight, Inc. ATTN: Tom Jankovsky 10901 County Road I t7 Glenwood Springs, Colorado 81601 Ph: (970) 945-7491 Leonard Lorentson llll RankParkway Kokomo,Indiana 46901 Ph: (765) 452-4425 Sunlight Inn & Realty Limited Liability Co. ATTN: J. Michael Bodnar 100 Union Hill Drive, Suite 100 Birmingham, Alabama 35209 Ph: (20s) 871-8885 Sunlight Mountain Properties, LLC ATTN: J. Michael Bodnar 100 Union Hill Drive, Suite 100 Birmingham, Alabama 35209 Ph: (205) 871-8885 Stirling Mountain Properties, LLC cio J. Michael Bodnar 3755 Corporate Woods Drive Vestavia Hills, Alabama 35242 Ph: (205) 451-1872 The Exhibit Map entitled "Associatcd Ownership lntercsts" includcd in the prcccding pockct labclcd "Property Boundary Infbrmation" dcpicts the parcels of real property includud rvithin the Sunlight Mountain Rr:sort PUD and itlcntifies thc orvncr of cach parcel. *!;ggrro DOI,LANS .lto tn rn' .r rrrnt .rt!r 1 EutfrrrcBr vrLErqE DErvr, c&![rtooD gpiDga, oo .g1601 TOG"','EI rith .lt .nd tlr.ut.. {rd htr.drtarntt .rd .FrrtrnrE.a thrr.r, brlqi.rd th! ?nrrfr,r;;;;;i.n ,-;;rir.'lJllfiliii,l, ,i,ir,. ia"-..-.,r piJirtl-efl*ir"l,J".iintl:.j[|il:.:?:ff! #*i.:fTi$,*'l';:,:li,lffill *:,g:l;1;x,.i'ii.Ii.r. niirr.i-rn rilf .q,iir,",r, rn.d ro thr.!m bircrrned n"*?'1181*--'"&il*l+fi 1a1i}tr-Hffi #8il:iffi ff *iliffi li::'brs.ln, rd rer.r ro trld {tth ttr Orqtriiii it; ii;j;;';;of th.r! 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TotailsHlp 7 solrTlt. MxcE 89 yEsT 0F TIE 6I[ p.[. SEIrG XoRE PARTICUI-ARIY OESCRIEEO AS FOTIOIIS: BEGIIIflIXG AT A POIXT BEIIIG A RESAR AID CAP. L.S. tIO. 26950 H{EICE THE XORTIIut6 co*ilEn sAtD sEcrloxs 32 Alto 33 EEIic A tauIBER 6 REBAn ylTlt A 3 IXCH DtA'tErEn ALUtIXUil CAp EEtlS X0RTH 15 ffcREES 22' ,9- IEST 367.83 [EET: THEflCE SoUTI 3l DEBEES 0t' 29' EAST 128.30 FEET T0 A REBAR A'tD CAp. r.S. ilo. 26950: THEilCE SoUTH 11 DEGnEES tg'- at' EAST U8.7t rEET T0 A rEEAr ArD CAp, r.S. t{0. 26950t THEI|CE S0UTH 09 DEGnEES tl' 20' IEST 133.98 FEEr r0 A RESlt A1t0 CAp. [.S. t0. 26950; IHEXCE XORTII 80 DEGREES 15' 'll' I'EST 254.T8 FEEI TO A REEAR AT{D CAP, L.S. TO. 26950: THEXCE [o[T]t 09 DEGIEES ll', 20' EAST 95.31 FEET T0 A RESAR AID CAp. t.S. x0. 2595 0: THEICE tonlH 12 oEGREES {0' 31' I'EST 205.U FEET r0 A IEEAR AID CAp, L.S. I0. 26950: THEIICE XDRTH 66 DEGREES 06' 08' EASI 98.09 FEEI TO A NEEAI AXD CAP. t.S, ilo. 26950: TIIEXCE IORTH 85 OEGREES 05' 13' E^sT IIO.3ll FEET TO THE POIXT OF SEGIXIIITG. COUXTY OF GAXFIEI"D STAIE OF COLORADO ,on €IHlSlIA Al/1710,c15!0000et IAND TITTE GUARAT'ITEE COMPAilY PROPERWREPORT Our Order No. cW6300l5ZI Cust. Ref: Thls report is based on a search made of documenls affectlng lhe record ride lo the proFrty descrlbed herelnafter,searched by legal descriptlon and by lhe names of the record"ownens. The lnformation as to record owner istaken from the most recenl recorded Vesting Deed. No informatlon is furnished relatlve ro easemenrs, covenanls,condillons and reslrictions. Liabilily of Land Tialc Guarantee Company under lhls Property Reporr b limited to the fec received. Prepared For: This Report is dalcd: August 0Z, ZOO7 ar 5:00 p.M. Address: Legal Descriplion: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIMON Record Owner: SUNLIGHT INC. We find the followlng documentr of record affccting subJect property: DEED OF TRUST DATED JULY 03, 2OO3 FROM SUNLIGHT INC. TO THE P(ELIC TRUSTEEOF GARFIELD COUNTY FOR THE USE OF MESA NATIONAL BANK TO SECURE THE SUM OF $25O,OOO.OO, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED AUGUST 22.2003,IN BOOK I5O9 AT PAGE 38{. DEED OF TRUST DATEDJUNE 09. 2OO5 FROM SUNLIGHT INC. TO THE PUBLIC TRUSTEEOF GARFIELD COUNTY FOR THE UsE OF AMERICAN NATIONAL BANK TO SECURE THE SUMOF $I5O,OOO,OO. AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JUNE t4, 2005, rN BOOK 1697 AT PAGE 205. a Our Order No: GW63001521 IEGAT DESCRTPTIOT{ PARCEL A: swl/4swl/4; sEl/4NWl/{; NI/2SWl/4; SWt/4NWt/4; AND THE swl/4Nwl/4 (ExcEprING THE WI/2WI/2SWI/4NWI/{), SECTION 33, TOWNSHIP 7 SOTNH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDI,AN. PARCEL B: NEI/4SWI/4 OF SECTION 32, TOWNSHIP 7 SOUTH, RANCE 89 WEST OF TTIE SIXTH PRINCIPAL MERIDIAN AND THAT PORTION OF THE SEI/4NWI/4 OF SECTION 32, TOWNSHIP 7 SOUTH, MNGE 89 WEST OF THE SIXTH PRINCIPAL MERIDI,AN THAT IS SOUTH OF A LINE RUNNING PARALLEL TO FOUR MILE CREEK AND 2OO FEET SOUTH OF THE CENTER OF FOUR MILE CREEK FROM THE WEST TO THE EAST BOUNDARIES OF THE SEI/4},IWI/4. COUNry OF GARFIELD STATE OF COLOMDO EXCEPTING THOSE PARCELS OF LAND DESCRIBED AS FOLLOW: DEED RECORDED DECEMBER 17, 2OOI IN BOOX I3I2 AT PAGE 36I DEED RECORDED OCTOBER 4. 2006 IN BOOK 1849 AT PAGE 609 DEED RECORDED SEPTEMBER 9, I99Z IN BOOK 8{T AT PACE 156 DEED RECORDED IN BOOK 393 AT PAGE 73 UNDER RECEPTION NO. 2404{4. IAND TITTE GUARANTEE COMPANY PROPERW REPORT Cusl. Rcf: This reporl is based on a search madc of documenls affecllng the rmord title lo lhe proper$l described hcrcinafier,searchcd by legal descriptlon and by lhe names of the record-ownenr. The informallon as lo record owner istaken frorn the mosl recenl recorded Vesting Dced. No lnformatlon ls furnished relative lo easemenrs, cov€nants,conditions and rslrlctions. Liability of Land Tltle Guarantee Company under this Propcrty Report is limited to the fee received. Our Order No. GW6300tSZz Prcpared For: This Rcport is dated: Address: Legal Dcscriptlon: Angust 02,z00T at 5:00 p,M. SEE ATTACHED PAGE(S) FOR LECAL DESCRIPTION Record Owner: LEONARD E. LORENTSON We find thc followlng documenls of record affectlng subJect property: Our Order No: GW63001522 TEGAT DESCRTPTIOiI TOWNSHTP 7 SOUTH. RANGE 89 WEST OF THE 6rH].M.. SECTTONS3 sw r/4NEl/4, NW l/4SEl/{, W t /2W | /2SWI/4NW1/{, EXCEPT rHAT PORTION OF THE SW1/4NWI/4 COM/EYED TO BARBAM HIGGS, AS TRUSTEE OF THE HIGGS CHILDREN'S TRUST, BY DEED RECORDED IN BOOK {45 AT PAGE 466 AS RECEPTION NO, 258695, TOGETHER WITH A PARCEL OF LAND DESCRIBED IN DEED RECORDED FEBRUARY 20,2OO2 IN BOOK I33O AT PAGE 590 TOWNSHTP 7 SOUTH. RANGE 89 WEST OFTHE 6TH p,M. SECTTON 32 EI/2EI/2SEII4NEII4, EXCEPT THAT PORTION OFTHE SEI/4NEI/4 CONVEYED TO BARBARA HIGGS AS TRUSTEE OF THE TIIGGS CHILDREN'S TRUST BY DEED RECORDED IN BOOK {45 AT PAGE 466 AS RECEPTION NO. 258695, IESS A PARCEL OF LAND DESCRIBED IN DEED RECORDED FEBRUARY 20,2OO2 IN BOOK I33O AT PAGE 589 WI/zNEI/4 EXCEMNG 6.38 ACRES AND A 16 FOOT ROAD EASMENT CONNECTED THEREWITH SITUATE IN THE NWI/4NEI/4 OF SAID SECTION 32, CONVEYED TO PRIMO MARTINO AND VIRGINIA MARTINO ALL AS PARTICULARLY DESCRIBED IN A DEED DATED APRIL 4,1972 AND RECORDED IN BOOK 429 AT PAGE 245 AS RECEPTION NO. 253248 OF THE GARFIELD COUNTY RECORDS AND EXCEPTINC THE PROPERTY DESCRIBED IN TNSTRUMENT RECORDED MARCH 18, 1999IN BOOK III9 AT PAGE 937 SEI/4NET/4 EXCEPT THAT PORTION OF THE SE1/4NEI/4 AS CONVEYED TO SUNLIGHT RANCH CO., BY DEED RECORDED IN BOOK 5I8 AT PAGE 66? AS RECEPTION NO. 289912 COUNTY OF GARFIELD STATE OF COLORADO IAND TITTE GUARANTEE COMPAIUY PROPERW REPORT Our Order No. GW63001523 Cust. Ref: This report is based on a search made of documents affectlng the rccord titlc to the properg describcd hcplnafter, searched by legal descripdon and by thc narnes ofthe record ownenr. The lnformatio, it to r".ord owner lstaken from tlte most recent rccorded Vesdng Decd. No information is furnished rclative to easemenls, covenanls, condltions and restrlcllons. Liability of Land Title Guarantee Company mder thls Property Report is tlmited io the fec recrlrrcd. Prepartd For: This Report is dated: August 02,2007 at S:00 p.M. Addrcss: Lcgal Description: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIMON Record Owner: SUNLIGHT INN & REALTY LIIV1ITED LIABIUTY CO,, A COLORADO LIMITED LIABILITY COMPANY We find thc followlng documcnts of record affcctlng subJcct property: Our Order No: GW6300ISZ3 TEGAL DESCRIPTIOiI A TMCT OF LAND SITUATED IN THE SWI/4NWI/{, NWI/4SWI/4 OF SECTION 33, TOWNSHIP 7 SOUTH. RAGE 89 WEST OF THE 6TH P.M. BEINC MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT.OF.WAY OF COUNTY ROAD NO. II7 WHENCE THE NORTHEAST CORNER OF SAID SECTION 33 BEARS N 64 DEGREES 57' OO' E. s286.t0 FEET; THENCE s 36 DEGREES 27' r0" E 50.00 FEET; TIIENCE s 69 DEGREES 30' 20' E 88.00 FEET; THENCE N 66 DECREES 53'30'E 105.00 FEET; THENCES 83 DEGREES 59' 00" E 215.00 FEET: THENCE S 62 DEGREES 32' 09' E 191.20 FEET; THENCE N 26 DEGREES IO' 02" E 9I,54 FEET TO A POINT ON SAID RIGHT.OF-WAY; THENCE s 58 DEGREES 33' 34" E. 155.35 FEET; THENCE DEPARTING SAID RtcHT-oF-wAy S l9 DEGREES2T' 26" W sll.98 FEET; THENCE N 55 DEGREES {0, t9, W 250.62 FEET; THENCE N 52 DEGREES 0{' 07" w 149.{6 FEET; THENCE N 7t DEGREES zs' zs'w 62.09 FEET; THENCE N 79 DEGREES {4'06: W 28.25 FEET; TtIENCE N 13 DEGREES tA' 4{" E. 155.09 FEET; TIIENCE N 83 DEGREES 59' 00' W 71.20 FEET; THENCE S 66 DEGREES 53, 30' W 103.57 FEET: THENCE S 09 DEGREES (N' Zg' W 6t.10 FEET; THENCE N 58 DEGREES 55' 00" W 20.63 FEET: THENCE N 27 DEGPfiES Il, 05, W tS.67 FEET: THENCEN 56 DEGREES 13' 38' W 61.35 FEET: THENCE N 37 DEGREES 30, 20, W 90.93 FEET: THENCE N 18 DEGREES 16' 43" E {0.{6 FEET: TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALSO DESCRIBED AS: LOT 2R SUNLIGHT INN EXEMPTION ACCORDING TO TTIE PLAT RECORDED APRIL 7, 1988 AS RECEPTION NO. 390977 AND AMENDEDrN PLAT RECORDED JANUARY 27, t998 UNDER RECEPTION NO. 519603. This report is based on a search made oi documents affecting the record title to the propcrty dscribed hereinafter, searched by legal dcscription and by lhe nam€$ of the record ownens. The information is to record owner is laken from the mml recenl recorded Vestlng Deed. No information ls furnishcd relatlve lo eas€ments, covenants, conditions and restrictlons. Liability of Land Title Guarantee Company under this Propcrty Report is llmited to lhe fee received. LATID TITTE GUARA]'ITEE COMPANY PROPERW REPORT Our Order No. GW63001520 Cust. Ref: Prepared For: This Report is daled: Address: August 02,2007 at 5:00 P.M. Legal Descriptlon: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Record Owner: SUNLIGHT MOUNTAIN PROPERTIES, LLC, A COLOMDO LIMITED LIABILITY COMPANY We flnd the followlng documents of rccord affectlng rubJect property: DEED OF TRUST DATED OCTOBER 28,2004 FROM SUNLIGHTMOUNTAIN PROPERTIES, LLC. A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF COLUMBUS BANK AND TRUST COMPANY TO SECURE THE SUM OF 1306,068.00, AND ANY OTHER AMOUNTS PAYABLE I.JNDER THE TERMS THEREOF, RECORDED NOVEMBER 16, 2004, IN BOOK 1639 AT PAGE 706. Our Order No: GW63001520 IEGAI. DESCRIPTIOI{ A TRACT OF LAND SITUATED IN THE SWI/4NWI/4, NWI/{SWI/4 OF SECTION 33, TOWNSHIP 7 SOUTH. RANCE 89 WEST OF TIIE 6TH P.M. BEINC MORE PARTICULARLY DESCRIBED AS FOLLOWS: BECINNINC AT A PoINT ON THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD No. uz WHENCE THE NORTHEAST CORNER OF SAID SECTION 33 BEARS N 64 DEGREES 57 OO" E. 5286.10 FEET; TI{ENCE ALONG SAID RIGHT-OF-WAY N zz DEGREES {4' 46" E 152.48 FEET: THENCE N 65 DEGREES 39'20" E. 176.60 FEET; THENCE N 8l DEGREES 00' 3s" E. 89.89 FEET; THENCE s 66 DEGREES 03' 5l' E. 92.50 FEET; THENCE s, 14 DEGREES 57' 36" E. 216.1I FEET: THENCE DEPARTING sArD RIGIIT-OF-WAY s 26 DEGREES 10, 02" W 91.54 FEET; THENCE N 62 DEGREES 32' 09" W lgl.z0 FEET; THENCE N 83 DEGREES 59' OO" W 2I5,OO FEET; THENCE S 66 DEGREES 53.30" W IO5.OO FEET; THENCE N 69 DEGREES 30' 20" w 88.00 FEET; THENCE N 36 DEGREES zT' to" w s0.00 FEET; TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALSO DESCRIBED AS: LOT I SUNLIGHT INN EXEMPTION ACCORDING TO THE PLAT RECORDED APRIL 7, 1988 AS RECEPTION NO. 390977 AND AMENDED IN PLAT RECORDEDJANUARY 27,1985 UNDER RECEPTION NO. 519603. fil fft t[il"Ut,Hll,iltl D$,Hltitilthlfilff ltt lll'l ll lll R.c.Dt lonl : 7ao99t ?i;6-l,8$ F3.t3.!?#r.3'il.ol Et'i8oco.r r ELD cou'rry co TtllllDEED,mrdct'lr?tbdrrofJror.Or}ffi*'U" '* l',f/ REBEcca R' STIRLING' AVIGAIa MCITUGHLII{ AI.{L AaIAI{A owEN, IN EQUAL UNDIVTDED TN' INTERf,STS ANI' AS TEITAI{T$IN.COMMON who* rddrcrr ir t$Mrprtbr Roed, Krtrhc Ht ,6?af, GMI{TOR(S), rna Tlrc siagulr mabc shdl trhl plunl, tlrc plunl fio ringulr, md tho rm of rny gcn&r rgpliaDlo to rllgadco. INWrINTSS thc grrntor hu crcsuEd thb dccd qr tto drE td fordt St{c of STInLII{G MOt NTAII| PRoPEnTIIS' LLc, A coI,oRAIro IJMIIED LIABIIJTY CoMPANY who* rddras ir do lrdlrr lrstlol Grrnrp 100 Urhr Elll Driva Srirr l0C, Blrdqlu, AL tSZ0r. GMNIEE(S); III_ISI fu ftG 8r0rto(r} fo; erd 'u coruldcntirx of tbc 5l|E of ONI MIIIION trJvI Ht NDRD,LTIIOU8AND ANL 00rf00 DotIlIRlt ($J00,000.00I &c reipr aad ar6clatcy of whieJr ir hcr5y rrlurowlGdt4hr! srdo4 bu3rlacd. roE udcoawJo4 rrd b, ttrao-prt*ao Oicl 5rrn( brpi, 1oI[ convqr.lrd coofiru uoto tho SrrtE!+ grutccrr hoin *d {Co, forrct, dt t}c rtil proprty, rolrttrcr "tE impoimard, if my, riturtq lylgmd boin3 in thl Couary of Grrttdd rnd Sop of Cclorrdo, dcccriLcd i tblto.r: ' Soc rttrclcd ErtlDft nA,' $ lwrrn bf rutct lrd numbcr.$ yecut krA Ghoneod Spdap. CO tl60t TOGETEXR wltt rll lrd Crguhr thl horldltreloE raa 'rpprirrnrucor thcrGunto bcloadof, c in rnyvircrppurtrhiq, md thc rwcrrlon ld rwcnioq nmhdcr rad nnirindcr, rtotl, irare ,aA po6f, rfrrr-t urd r[ nscrtrt!' dSht tltlq, lnnr:r( chim lrd dcnrrnd wh&ocvcr of th! intrlor, citlcr ta te, or cquity, oi n a to 163 t69*buSdtrd prt rirE* wlt th. hcrditrmcott rad ryprroaraccq - m IIAVI AND IO IOLD tb t id ertmisr rbovo brrgrincd urd dc$ribGd, wirh oc rppgrtauncr+ utrlo 0!! PEC Cdft bcln ral rsdgor frrcvrr. Ilo grubf, foria 3rntor, grurtodr nolq -a fird r"pricrtt .rdor pvcod, srr4 b-gah rod {ra F rd wffi tb grrotGq yrlrt .l hc&! rad gdgni tta rt s; de of 0lr i1*t "T Pl:=r.gf uao gragq tmbc h-rdl Ft d of riipmircr rbovo *r*Fd h, jm( auq pcrftctrDoluro rad hdcftsibb +.r of lnherltracq la lrr, Ia no sinptc od ho Sood ,litq, rrru -por-. Ed- hrn l TttoqU b srut, bqriq rll rnd coortT tho rrm h rnumr rod ibrin rr .trrito, -[d* rto n* rrs 6oe grd clcrr Ooo dl fotlts ud ot[c frlr!, hrnhr' rrlq, tiqrr trrct, rffirq arsrmbolrca grd rc*irdonr ofshrtrvcrtiad or dnu rocrr, crccpt poord ranl for ltc srrrcrlr rid nbroquari ya"r ,oA o"+t t-o rultlr! rraIbr$ or Brtlbtt '8, rltd3d hcrlto md fonniry r prt hcrcof Thc tiltilot shrll end wlft WARRANT ANL IIORTVER DEffD(D rhc rbovebrrgrincd pranir ta lho qulc rrd r:3!.l1Ton of tLo qTor.a srubol hcir .trd rsi3q arinr il .,d ;Gry t'ioo o.p.oorr tirrf,,tttcldm,nt t r. dolr or rtry 9ut tcrloc e )d- corntyof kl ar^ f ! Ths forcg?fi[4piagrulrc{rr wu cfmwlglgo4 mbocrlbcd rad nrom 19 bcfcrc l.lc rhr. 2J OO ot20qW Avljrh Mclaujhtl4 IndMdurlly.roa-ffiffiffifrct frr Rcboccr&Sdrll4 I , /1 r,lyco,,li,nione, *., ( >(/Zo/O*-.- w.o?sr .oor,r'/{kdqT fo L"vt.ffiw#IIIE COIOAIaY oF tlE ROCNTE!, ,.{c. u hrr ettomrT-b lfl t ]l|l. Hilflt,Hlt,!ilr,!{\,Hlfft1ltdffiffi tt# lild lt ilRrcrpt I onl : 7a099t Or, lor29Oa 9? a7 07 Pll J..n ntb.rlco2 ol I Rc F..321 Oe Doo Fr. tse oO-G*FIELO COt,lTy CO WARNAITTY DEEI' THIll DEEIT. medc thir 7ti dry of Jultrys Z0O, bcfircro REBECCA n STIRLING' AVIGATJ McLoUcHLIN AND ARHNA owEN,IN EQUAL UNI'IVIDED TA IIYTERET'TS AND AlI TET{AI{T9IN{OMMON who* rddrel lr 3575 Prprlhr f,ord Xdilro, Iil XZrt, GRANTOR(S), md STIRLING MOT'ITTAII{ PROPEf,TIES, LLC, A COT.()RADO LII}UTED LIABILITY COMPANY wtosG ddtt!! it r/o lodrer lrvoh.racreop 100 Uolor Hlll Drlvq Seltr 100, BIruhjlu, AL 35209, GRANTEE(S): $ErytqS 0t a lho tnoto(r} for rod In cmddondoo of rhc um of OI{E MIIITON fTyt IIINDREDIUOUSAND AI{D 00/fm DOIJ,/IRS $1J00-.00.00D, rho rcccipt ud otEciurcy of vblch il tcr*y rcfnoyfeAgEhrr rnoto4 Urfhca roH rodcorvcJpd, rnd by tk prErarB dio gntrt, brrgi;, sdl, convcy ]ldloafiro unto'thilllrF+ 3rmtcdr bdlr.nd rllgu brwc, .l_6o rtrt pltFrty, rqalnr witn iryroiorcari if lrn sirurr., lyin!od toh3 lo th Coroty of GrrtUd md Srr& of Cotcndq aiUUsA s foUow; Soc rthchol ErLlblt "Ax {? tnom b, t* rdd nunDc s: Vr.rf L..{ Gtrloed Spd.$ CO tf 60tTOGlf,Ef,8 uri6 dl nd dotull 6c bftdib.ot! .S ipput;o"o th!fiulio bcloogh& or ln royrvird tho rgvcrha rad rffrrhnl' rododr lnA nditOn* rtoq icarot lod po6i &ror, ua ji 113GfrB dsB dtlc lntlrG* clrlo ud dad rrtrrovr d6o gnaror, ci6cr h tnr or cquiy, oq h 15d 6 fu $rr;brridod pnolro1 wttl &o taEdlrrtrGob rad rypurrroucaq T(, HAVt AI{D TO BOIJ.lho +d ecds rbovo b.tjimd rd Mbo4 wlb ttc ryFllartcEs, unro thcgria, gdt hotn rod roltlr fuctt Tho jrrOor. Sr tlro 3rutor, gr!nb/l-h.kr, ma fiiood ,red;t rtrr+dotr fvort. srrd, brirla ud rjnl ro Ed vr6 60 gutcr,- Frdd,r bchr rd .Llrpi rta rr ti urc or tEodb! od dollvory of thca prl*ns, Srotor L welt *ircd of thiprrola &ovo .oo""i4 nu fpo4 ""c p-foA.toh& nd in&&edblo c*!q of Lr[ciuace lD bw, h fco dm]tc, rod bar good fitC ft[-ps* dt't r,0juttfilt, lo Strat, tqrh, rc[ ud oawy tc a1a6 16 mnaa rad iorm s rfomild. roi'ttt ttn,.111. rnc toc mdclcr tu dl form.od othcr gmt+ t rsal[|, rto+ licn+ bI.+ affiDcot+ rad rc*lctonr ofwt&vc tlnd or ndufi! tncvGt' ttctgt tolclrl brc for lhc cum,at ard srbscqrrcni yanl ud crccpl rtor urui.n Jffi m Ertlbtr'rB. lcrclod iacto od fcui4 r pr hcaf Tto t ob lhdl rad wi[ WAIXAIYI AI{D l0nfyEn DEIII{D tbc rbovobugrhd pr!!d!!r in tho qulct udpatto-pomOo of thc Alq jrurdr toln Ed rsigna rjrlnrl il rod ;cry pdnot or pcrsmr'lrwftrltydddlt lho Etok or uy pnt ttaal Tho rlryuLr nunber lhdl lscludc tt plunl, ttc plrurl ttro slryul.r, arrd thc u* of uy gcndcr dnll bc rpplicrblo to rlljcudorr rbr hr| rxalbd lltr dcC m tts drtc got ftrih rDovo. Strls of County of )), ) e&Nniffi* ;1gu,ru,Fffilil0'f lfrl$4|fi{ lllt ] ll I ?o6td';Lol$.dtono..,..o cou^rry co EXHIBIT'A" Atached to aud forming a part of WARR,ANTY DEEI' bGtweco GBANTO& RDBECCA R. STIruJNG, AVIGAI,E MCI'UGIILIN AND AIIANA OWEI{,IN EQUAL UNDIVIDED ITI II{IENESTSAND AS TENANT$IN{OMMOIY GRANTEE: srrRLlNG Mot NTAIII PROPERTIES, LIf, A col,()nAlX) LIMITEDLIAEILITY COMPANY LEGAL DES(ruPTION A portion of thc Southca* onc-quartcrNorthcast oDc-quarter (SEl/4NEl/4) of Scction 32.,-Tormship 7s, Range 89 lvcst of the 6th p.M. bcini morc particularly describcd asfollow: El l2Bl DW LZSE l/4NE I 14 ald, W I /2E ll2SE I /4NE I /4 and W I 2W t /2SE I /4NE I /4 andwtnBtnwlzsEl/4NEl/4 EX!!{T th"t portion thcroof doscribod as lyrng lO0 fect oo eitber sidc of a ccnterline established by the Hall-Lift as prcsently ercsted-ad in placc and tha portioa thereofdcscribd as lyag within 150 fcct radius of tbc hsc ana bull whoel oioiA Ha[-Lift asercctd and in place. also knorrn by stEct aod number as: Vrcut Lend, Ghnwood SpriagC CO tf60l Adjoining Ou ,hip lnterests to Sunlight Mtn. L . elopment parcels Parcel Description -- Maurng Address -lFfiCilE'1,,":,:",,",. larertreoers l,,"_,",": lBrettleberg Condos, Unit 6-A I I lBrettleberg Condos, Unit 7-A I I lBrettleberg Condos. Unir 8-A I I'Brettleberg Condos. Unit g-A Brettleberg Condos, Unit 1-B Brettleberg Condos, Unit 2-B Brettleberg Condos, Unit 3-B Brettleberg Condos, Unit 4-B Brettleberg Condos, Unit 5-B Brettleberg Condos, Unit 6-8 Condos, Unit 2-A Condos, Unit 3-A Condos, Unit 4-A Condos, Unit 5-A lrreoencK Burch & Atta Focht Weiss lrraary w. rtns la.*. ,-,no & Frorence Barsch I lr.r* Allan & Barbara Jane pezotdr 1r".". Allan & Barbara Jane pezotdt lGary A. & Laura poe Pamela & Tinnthy J. Rohs lTom L. & Linda L. Doane I I lWhite Property Company No. 2, LTD I I [4rVe &LindaAlstatt I H. Martin & Alice M. Lancaster Wayne L. & Diane B. Smith John G. & Georgia A. Langdon Mitzvah Properties c/o Nelson C. Goldman, MD Gary A. & Laura Poe _-l J j Sandyhook Road Pines, MD 2181 1 P.O. Box 22 Oxford, MS 38655 2441 N 35th Avenue Greeley, CO 80631 738 Visla View Lane Springs, CO 8091 5 8091 5 738 Vista View Lane Qprings, CO 1243 S Estate Point , FL 34450 lW 352 N 5240 Norrh Lake Dr Oconornowoc, Wl 53066 P.O. Box 1322 $tesl gle$ern, MA _ 02669 430 S Bryon-Balfline Rd Mesquile, TX 75149 AAgW tOZnO pt Denver, CO 80260 409 Lochside Dr Cary, NC 27518 P.O. Box 490065 Leesburg, FL 34749 942 Poinciana Ln Winter Park, FL 32789 86149 MeadoMield Bluffs Rd Yulee, FL 32097 1243 S Estate point lnverness, FL 34450 1,,,'..,., ,., lrrnu... o, oo. lr.nu... o, ooo 1,.,...,,, ... 2395 333 01 007 2395 3s3 01 008 2395 333 01 009 2395 333 01 010 2395 333 01 01 1 2395 333 01 012 2395 333 01 2395 333 01 2395 333 01 01 5 013 014 3/3/2008 Condos, Unit 1-A tleberg Condos, Unit 8-B Breltleberg Condos, Unit g-B Condos, Unit 1-C Condos, Unit 2-C Brettleberg Condos, Unit 3-C Brettleberg Condos, Unit 4-C Condos, Unit 5-C Brettleberg Condos, Unit 6-C berg Condos, Unit 7-C berg Condos, Unit B-C Brettleberg Condos, Unit g-C Brettleberg Coudos, Unit 1-D Brettleberg Condos, Unit 2-D Brettleberg Condos, Unit 3-D Trunnn & Diane M- Powers Paul G. & Beth E. Jankovsky Truman & Diane M. Powers Paul G. & Beth E. Jankovsky Hall W. & Marion A. Whitley Muriel Kemmsies Franklin McSwain Robert Garcia Richard C. & Shirley E. Barbel James R. & Cheryl L. Westphal Carolyn Jean Denicola E. McAllister Frederick Burch & Alta Focht Weiss Malagon & Myrna Boulerice P. Shea & Laura J. Fetko Adjoining Ownership Interests to Sunlight Mtn. Development Parcels Springs, CO 81601 4039 FM 359 Richrnond, TX 77469 FM 359 Richmond, TX 77469 11101 CountyRoad 117 Glenwood Springs, CO 81 601 P.O. Box 4'13 Basalt, CO 81621 S Estes Street Lakewood, CO 80226 Waterford Ct, NE St. Petersburg, FL 33703 117, 1005 Park West Drive lenwood Springs, CO 81601 1050 Arapahoe Ave, Unit 603 . co 80302 180 County Road 1 17 Springs, CO 81601 Sandyhook Road MD 21811 lndian River Run Beach, FL 33437 7480 S Hobbs Point FL 34461 0645 Canyon Creek Drive Glenwood Springs, CO 81601 1 1 101 County Rd 1 1 7, No D3 2395 333 01 017 333 01 018 333 02 001 333 02 002 333 02 003 333 02 004 333 02 005 395 333 02 006 333 02 007 333 02 008 2395 333 02 009 2395 333 02 010 2395 333 02 01 1 2395 333 02 012 3t3/21',^ Harlan Nimmo Glenwood Springs, CO 81601 Adjoining Ou to Sunlight Mtn. L- 'hip lnterests . elopment Parcels Condos, Unit 5-D Condos, Unit 6-D Condos, Unit 1-E rettleberg Condos, Unit 2-E tleberg Condos, Unit 3-E Condos, Unit 4-E tieberg Condos, Unit 5-E Brettleberg Condos, Unit 7-E eberg Condos, Unit g-E Condos, Unit g-E Condos, Unit t-F ttleberg Condos. Unit 2-F Brettleberg Condos, Unit 3-F ttleberg Condominiurns Association Frederick William, Jr. & Barbara J. Hiort Luke Holdings, LLC Condominiums Association A. Willman Trust Mary A. Willman Trustee John E. & Judith E. Brady 1t 10't CountiEoEdJ Glenwood Springs, CO 81601 1 1 101 County Road 1 17 Glenwood Springs, CO 91601 30 South Chana Road , tL 61015 'l 1 1 01 County Road i 17 Springs, CO 81601 275 Vista Drive Glenwood Springs, CO 8.1601 1 1 1 01 County Road 1 17. Unit E3 Springs, CO 81601 45099 Big Canyon St lndio, CA 92201 Springs, CO 81601 1 1 10'l County Road 1 17 Glenwood Springs, CO 81601 12298 W. Mississippi Ave. Lakewood, CO 80228 5284 Sugar Mifl Rd 2395 333 02 014 2395 333 02 015 239s 333 03 001 2395 333 03 002 2395 333 03 004 2395 333 03 005 2395 333 03 006 333 03 007 333 03 008 2395 333 03 009 333 03 010 2395 333 03 01 1 333 03 012 3/3r2008 I -i l 2393 2395 lleberg Condos, Unit 5-F Ron Metcalf & Mike Snover Brettleberg Condos, Unit 6-F W. & Lee Ann Bower 1/2 A. & Bradley R. Bailey 1/2 Adjoining Ownership lnterests to Sunlight Mtn. Development Parcels . Torrey co 804ss 13 Allens Park 'ado Springs, CO 80927 20115 Sapphire Circle Magnolia, TX 77355 30553 Zion Road Salisbury, MD 21804 70't3 Allens Park Drive Colorado Springs, CO 80922 P.O. Box 850172 Mesquite, TX 75185 140 Mackenzie St NY 11235 West 95th St soto, KS 66018 3 Allens Park Dr Springs, CO 80922 .O. Box 1009 Springs, CO 81602 151 0 Forest Service Rd 300 Springs, CO 81601 P.O. Box 948 Springs, CO 81602 714 23rd Street Glenwood Springs, CO 8'1601 3605 NE U.S.Grant Place Portland, OR 97212 ?41 Palmer Ave Glenwood Springs, CO 81601 2395 333 03 014 333 03 015 2395 333 03 016 2395 333 03 017 2395 333 03 018 333 03 019 5 333 03 020 333 03 021 314 00 963 395 32'l 00 147 2395 321 00 964 2395 321 00 044 2395 321 oO 046 2395 332 00 049 leberg Condos, Unit 7-F leberg Condos, Unit 8-F Condos, Unit 9-F Condos, Unit 1-G Condos, Unit 2-G Condos, Unit 3-G Metes & Bounds & Bounds 1/4NE1/4 1/4NW1/4 C. Holt, Mike & Adele E. Sistek & Herbert L. & Arlene F. Creed Ronald E. & Cecilia P. Metcalf White Property Co. #2 LTD Joel Quintalino Robert R. & Wendi D. Levitt Ronald E. & Cecilia P. Metcalf White River National Forest Malcomb Ross & Theresa Marie Terry te River National Forest Stirling Properties, LLC 3ty2r' rnca Oro Blanco, LLC Adjoining Ow hip lnterests to Sunlight Mtn. Lr.. elopment parcels lParcet uescraption lsEl/4NE1/4 NEl/4SE1/4 Hall Lift Parcel alllng Aooress Parcel lD White River National Forest North Thompson-Four Mile Mineral & Land Corp VHS Limited Partnership, LLLp Leahy-Neal Bureau of Land Management US Bank National Assoc. (Applicants dispute the ownership of this parcel) lP.O. Box 1009 lCtenwooo Springs, CO 81602 I 1872 Prince Creek Rd Carbondale, CO 81623 313 Foxtail Ct Boulder. CO 80303 P.O. Box 2738 Glenwood Springs, CO 8.1602 50629Highway6&24 Glenwood Springs, CO Bl 601 950 Seventeenth Street Ste 615 Denver, CO 80202 2395 333 00 965 2395 343 00 057 2395 331 00 055 239s 334 00 054 2395 333 00 96s 2395 321 00 154 3/3r2008 MrNBnar. OwNnns Janis R. McBee Margaret L. Sciarrino 773 25 % Road Grand Junction, CO 81501 Roger Neal 817 N. Traver Trail Glenwood Springs, CO 81601 Rock-N-Pines Kathryn E. Williams c/o ICG P.O. Box 659 wichita Falls, TX 76307 Leonard E. Lorentson P.O. Box 932 Kokomo,IN 46903-0932 Carl D. Tucker Kathryn M. Tucker 2974Main Avenue Durango, CO 81301-5930 US Bank National Association ATTN: Trust Real Estate 950 Seventeenth Street, Suite 615 Denver, CO 80202 Edward L. Grange 1301 Bennett Avenue Glenwood Springs, CO 81601-3913 Edwin Leroy Terry 8274 S. Gaylord Circle Littleton, CA 80122 Gary Kent Aenchbacher 809 Kohler Farms Road Kersey, CO 80644 Bert Bacca 619 Daisy Court Redlands, CA 9237 4-4102 Charles Simpson P.O. Box 3053 Gallup, NM 97301 Fred Simpson 6420E.. Barwick Drive Cave Creek, AZ 85331 Madlyn Rohrig 2845 N. Avenue,#27 Grand Junction, CO 81501 Don Simpson P.O. Box 12841 Lahain4 HI 96761 Todd Simpson P.O. Box 4l Windsor, CO 80550 Mike Simpson 194 Rosalie Drive Grand Junctibn, CO 81503-2237 Will Simpson 186 Edlun Road Grand Junction, CO 81503 Tony Simpson P.O. Box 1664 Grand Junction, CO 81502-1664 Sheryl Steiner P.O. Box 2075 Glenwood Springs, CO 81602-2075 Rocky Baros 2l l Richard Springs Blvd. Sparks, In/ 89436 Veronica Lopez 320 Blue Skies Drive Sparks, NV 89436 Rita A. Banet 4005 Kendall Court Floyds Krobs, IN 47119-9337 Martha I. Buckles 6519 Parkriver Xing Sugar Land, TX 77 479-5922 Edward and Joyce Cerise 1402 Greystone Drive Carbondale, CO 81623-1830 Albert Cerise Family Co. c/o Beverly Boyd 3565 HickoryHill Colorado Springs, CO 80906 fuchard H. Cerise Sheila R. Cerise 3841 Packard Avenue Kingman, AZ 86409 Raymond Lynn Cerise 19445 750ft Avenue Grand Meadow, MN 55936 Billie Rae Stevens 4212Back Creek Valley Road Hedgesville,WV 25427 Laurie A. Coryell 4385 Red Forest Road Monument, CO 80132-8287 Gerald A. Darien 20065 Stephanie Drive Covina, CA 90724 Mrs. Peter W. Dixon 3710 Country Club Drive St. Clair Shrs, MI 48A82-2953 Alverda Fender Niklas Protsman Fender 14025 Burgess Lane Paonia, CO 81428 Edward M. Gardner 935 takesidc Court Grand Junction, CO 81506-2815 Nile Gerbaz 1265 CountyRoad 100 Carbondale, CO 81623-9530 Good Irrevocable Trust c/o ICG 104 Gumsey Avenue Red Bluf{ CA 96080 Mary M. Graham 300 Harbour Drive, No. 101 Vero Beach, FL 32963-2890 Mary E. Janke, Revocable lntervivos Tr. 3511 Wightman Street San Diego, CA 92104-3116 Susan M. Little P.O. Box 1959 Wilmington, UT 05363 -1959 Martha Long 8153 CountyRoad 312 New Castle, CO 81647 Robert M. Long c/o Jane Long Blair 7130 Trails End Court Colorado Springs, CO 80911-2842 Michael Patch 1472 Huebinger Drive Glenwood Springs, CO 81601 Rodney Patch 7498 Highway 50 Salida, CO 81201 Stacey Patch 831 Latigo Carbondale, CO 81623-1569 Larry E. Spaulding Lester A. Spaulding 531 County Road 260 silt, co 8t652-9545 Arline M. Stewart 708 25 % Road Grand Junction, CO 81505-9506 Emma G. Taucher 1200 Village Road Carbondale, CO 81623 -1564 Stanley Usel 1204 Ponderosa Drive Fort Collins, CO 80521-4907 Shirley Zancanella 4412 County Road 243 New Castle, CO 81647 Estate of Leonis J. Usel 1204 Ponderosa Drive Fort Collins, CO 80521-4907 Thomas A. Zancanella P.O. Box 1908 Glenwood Springs, CO 81602 Sonya F. Morris 586 West Conestoga Circle Grand Junction, CO 81504 Jeanette Hicks 2509 Garland Drive Missoula, MT 59803 Bailey D. Sterrett, III 67 Canterbury Lane Wilton, CT 06897 Steven C. Sterrett 37 Bridgetown Bend Coronado, CA 92118 Virginia F. Sterrett 6135 CountyRoad 109 Carbondale, CO 81623-2388 Ralland S. Stevens 5841 Quail Street Arvada, CO 80004 Carol A. Henson 7059 S. Windermere Littleton, CO 80120 Cheryl M. Nathan 8201 S. Santa Fe No. 121 Littleton, CO 80120 Saalight Mouataia Resort, P.U.D. Regioaal Zoeation Map Sectioas 32 & 33, T7S, n89n 6th P.M. Garfield Couaty, Colorado I 'I tudiry b don& Loa pu musl@nmae ohy bgcl acfu M oN oDy&tet k bb tutut ,ifrD hd WE tu Fu frBt {mw fld &kL lh ho.wt @ an, bgol actu M aFh ohy *feth hb ilN! b afrmand froD tun ten NE tu 6c tu. ol k. dfr'rdba *o,D a, \.J, scHr{ueseR I oonooN | tvrEYEn SCHMUESER GORDON MP/ER I l8 W. 6TH STREET, SurrE eOO GLENwooD SPRINGS, CoLoRADo 8 I 60 I(970) 945- tOO4 FAX (970) 945-594A CREsrEo BurrE, CO (97O) 349-5355 Sualight llouatain freso*, P.AO. Garfield County, e0 SuNL,IGHT MotrxrAIN Drvmoppl-ENT, LLC 330 F"nanKLrN RoaD, Sumr 135-4,, I07 BRuNrwooD, lnxnrssm PH: 615-377-6793 Febmary 21. 2008 Gallield County Builcling arrd Plaming De;rartrnent 108 8'n Slreet, Suite 401 Clenrrood Springs, CO 81601 I(c: Sunligltt l.Iountain Resort Planned Unit Developmart Dear lv{atlam or Sir: Witlr this lctter rve authorize Lawrence R. Creen and the larv firnr of Balcomtr & Creerr, J'.C'., to act as Llre autltonzed representative of Sunlighl" Mountain Developrnent. I-l.C; in regarcl to the above-r'elbrenced land use application. Thanli you fbr your: consideration of this application. Ver,v- truly.Y-ours, SUNLICHT MOUNTAIN DEVELOPMI]i,(T, LLCBy: MDI Colorado, Irffi its Marrager ur,- fr Michael McCorrnick, Malager l. 2. 3. 4. 5. STATEMENT OF AUTHORITY (c.R.s. $38-30-172) This Statement of Authority relates to an entity named Sunlight Mountain Developmen! LLC. The tlpe of entity is a limited liability company. The entity is formed under the laws of the State of Florida. The mailing address for the entity is c/o Matthews & Hawkins, P.A., 4475 \*gendary Drive, Destin, Florida 32541. The name and position of each person authorized to execute instruments conveying, encumbering, or othenvise affecting title to real property on behalf of the entity are as follows: MDI Colorado, LLC, a Florida limited liability company, by Michael McCormick, Manager The authority of the foregoing person to bind the entity is not limited. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of c.R.s. $38-30-172. Executed this Y day of -F 3-J|.Ja,2008. SUNLIGHT MOI.JNTAIN DEVELOPMENT, LLC, a Florida limited liability company By: MDI Colorado,LLC, a Florida limited liability company, 6. 7. ) ss. srArE oF -T frl, COUNTY OF h)i The above and foregoing instnrment was acknowledged before me this ll- -day of -r- ruv swvv suu rvrvSvru6 lIrusureur w@ ovNlvwrvuEwg uvrvrg rug LlllD u([y ur L Y '4{- , 2008, by Michael McCormick as Manager of trlnt Colorado, ttC, a Horida limited liability company, Manager of Sunlight Mountain Development, LLC, a Florida limited liability company. .{ E (Lwa l. 2. 3. 4. 5. STATEMENT OF AUTHORITY (c.R.s. $38-30-172) This Statement of Authority relates to an entity named MDI Colorado, LLC. The type of entity is a limited liability company. The entity is formed under the laws of the State of Florida. The mailing address for the entity is c/o Matthews & Hawkins, P.A., 4475 Legerdxy Drive, Destin, Florida 32541. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity are as follows: Michael McCormick, Manager The authority of the foregoing person to bind the entity is not limited. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of C.R.S. $38-30-172. 6. 7. Executed trris t day of ]r ,' a- , 2008. MDI COLORADO, LLC, a Florida limited liabilir,/t mpanya Florida limited r^OrW' ,r, L- Michael McCormick, Manager STATE OF T L! COI'NTY OF 4 The above and foregoing instrument was acknowledged before me OCfnq , 2008, by Michael McCormick as Manager of MDI ) ) ss. ) tnis !4day of Colorado, LLC, a Florida limited liability company. €ffilight February 2I,2008 Garfig,ld County Building and planning Department 108 8'n Street, Suite 401 Glenwood Springs, CO 81601 Re: sunlight Mountoin Resort pranned lhnit Development Thank you for your consideration of this application. Very truly youxs, SUNLIGTTT,INc., a Colorido corporation Dear Madanr or Sir: With this letter we authorize Lawrence R. Green P.C., to act as &e authorized representative of Sunlight, land use application. and the law firm of Balcomb & Gree,n, Inc. in regard to the above-referenced 10901 County Road 117 . Gteowood Sprlng)r, CO 91601 .p 97O.945.7491 . f 9?0.945.4497 .www.sunllghtnrtn.com l. 2. 3. 4. 5. STAIEMENT OF AUTHORITY (c.R.s. $38-3G172) This Statement of Authority relates to an entity named Sunlight,Inc. The type of entity is a corporation. The entity is formed under the laws of the State of Colorado. The mailing address for the entity is 818 Colorado Avenue, Glenwood Springs, Colorado 81601. Ihe name and position of each person authorized to execute instruments conveying encumbering, or otherwise affeaing title to real property on behalf of the entlty are &s follows: Richard D. Schafstall, President The authority ofthe foregoing person to bind the entity is not limited. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of C.R.S. $38-30-172. 6. 7. SUNLIGI{T,INC., a Colorado corporation 2008, by Richard D. Schafstall as President of Sunlight, Inc., a Colorado M0r*u/ Exectrted tn, 3 cfrav or /('l zooE. STATE COUNTY OF corporation. Witness my hand and seal. My commission expires: ) ) ss. )n 0r- and foregoing instrument was acknowledged before me ttris@- day of Cornrn# DD07A2IS Explres gmm11 Fbriefld.ryA$L lnc LnonaRn E. LoRENTsoN 11l l RaNr plnxw,ly Koxovro, INDhrva 4690I Pn: 7GS-4SZ-4421 February 21,2008 Garfield County Building and planning Department 108 8* Street, Suite 401 Glenwood Springs, CO 81601 Re: sunlight Mountain Resort pratned lJnit Deveropment Dear Madam or Sir: I am the owner 9f the real property that is described on Exhibit A attached to this letterlocated in the vicinity of the base area of Sunlight Mountain Resort. I have a contoact to sell mypropefiy to Sunlight Mountain Development, LLC. Sunlight Mountain Development, LlC and Sunlight, [nc. have prepared and are ready tosubmit to Garfield County an application for the Sunlight Mountain Reiort pUD, which alsoincludes an application to amend flre Garfield County Coirprehensive plan and an application forsketch plan review. My property is included within it" Suntigtt Mountain Resort pUD. With this letter I hereby authorize Sunlight, Inc. and Sunlight Mountain Development,LLC and their designated representatives, Lawrence R. Green and the law firm of Balcomb &Green, P'C., to submit and pursue the above-stated land use application for my property. Thank you for your consideration of this application. Encl. Very kuly yours, Leonard E. l,orentson EXHIBIT ..A" TIIE PROPERTY towNsutp z soutn. RaNGp ag wnsr or rHe om p.u.. sEcrloN :: SW/NE%, NW/.SE%, wyzw%Sw%Nw%, EXCEPT THAT PORTION OF THE Sw%Nw% COM/EYED TO BAITBAIL{ HIGGS, AS TRUSTEE OF THE HIGGS CHILDREN'S TRUST, BY DEED RECORDED IN BOOK 445 AT PAGE 466 AS RECEPTION NO. 258695, TOGETHER WITH A PARCEL OF LAND DESCRIBED IN DEED RECORDED FEBRUARY 2O,2OO2IN BOOK I33O AT PAGE 590 TOWNSHIP 7 SOUTH. RANGE 89 WEST OF THE 6rH p.M.. SECTTQN 32 E%E%SEI/NEIA,EXCEPT THAT PORTION OF THE SEz.NE% CO}N/EYED TO BARBARA HIGGS AS TRUSTEE OF THE HIGGS CHILDREN'S TRUST BY DEED RECORDED IN BOOK 445 AT PAGE 466 AS RECEPTION NO. 258695, LESS A PARCEL OF LAND DESCRIBED IN DEED RECORDED FEBRUARY 2O,2OO2 tN BOOK I33O AT PAGE 589 W%NEIA EXCEPTING 6,38 ACRES AND A 16 FOOT ROAD EASEMENT CONMCTED THEREWITH SITUATE IN THE NWY.NEY4 OF SAID SECTION 32, CONVEYED TO PRMO MARTINO A}TD VIRGTNIA MARTINO ALL AS PARTICULARLY DESCRIBED TN A DEED DATED APRIL 4, 1972 AND RECORDED IN BOOK 429 AT PAGE 245 AS RECEPTION NO. 253248 OF THE GARFIELD COUNTY RECORDS. SE%NW%, EXCEPT THAT PORTION OF THE SE%NW% AS CO}N/EYED TO SUNLIGHT RANCH CO., BY DEED RECORDED IN BOOK 518 AT PAGE 667 AS RECEPTION NO. 289912 COI.JNTY OF GARFIELD STATE OF COLORADO l4 SuNr,rc;sr MouwTarN pnopnnTtE.s, LLC IOO UNIoN HILL DRIT,E, SUITE IOO BIRMINGHAMI ALABAMAps: 205_871_8ggs Fehruarr,2 l. l00g Gur!ie.ld (iruntv tluiltling untl lllanning l)cparlnrcnrloB !l'r' Srrccl. S,itc 4OI (ilr.nrloo,.l Spring.s. CO ,a.I60I Re: Sanlight Morntoin Resort planned tlnit Development [)cur \-larlunt rrr Sir: _ Sunlighr Morrntairr propenies. l,l .C is ttnrrrihir ,.r ,,L"r,"J t<,'trris rerr(,i. rocarcd ,, ;,,i:.ili..: :lil[Tllfll5i] 1gill_fl:Hf;l;l:Itcs,.rt. \ljr havc a c(tntr&cl tr) st.ll our p,lrp"r,r-k, Strnlfuht M.i,;;; ffevelcrpnrcnr. I_l_(.. itrrrli''.ht i\l.unlairr L)r-r'ciopnl<'nt' l-1.('ancl Suntight. rrrc. rrar.e prepnrr.rl an4 are rcld\.!(!crh.tit t. ('i:rrlrcttt ('ourrlr, cn apl,lica{io, fbr rhc S,,"i;ii;;'iril;,;,;,R.r,,,1 pl;l}. o.,.,..n .,*,, irrt:'.t'.it'i,,r.ppliclrli.;) :(r :rt:ctrrl thc (itrrlir..l,l ,. r,,:rrt.r (.irrilppg5(i1*1.,,lf l]lan;rnd:rn;tp,iicltli'n firr,.L.rcirrit;rrr!.c\.ir.\r.. ()*rpr\rpcri,..isinc!rr.ic,l ,rithinihr,s,,,rtiglr\{,;i,;;;:rR.cq.r": pl-l} \vith this lcl1t'r rre hcrr'h1'aulhorize srrnlisht. lnc. ancl sirnlight lr.lounrnin I)c'r.l.irnrcnr.I ! r^.nil rhci'desisnarcd r.*prcscntuti'cs. r,,r..rei1; rr. cr.-"'"ri'iil;o,. nrnr rrfHorc.mrr &( ircr:'r- l).('.. !. strhnrit find P111511g thc ubtrrc-stai,ct{ irnd ,,* ,ppri.ai;", ,ir,..ru. prrrpcn}. l'hlok .,Lr r r lilr- ..6 i 11. (..i-)r.rs iirer:)I i(\t r ri. t h i_^ lppl icat i o n. \''cn' tnrl]' r-orrrs. Fnc't sr Il1': Our Order No: G1V250694 TEGAT DESCRIPTION /\ TRACT OF LAND SITUATED IN THE S!VIi.INWI/4. NIVI/4SWI/4 OF SECTION 33, TOWNSHIP 7 SOUTI{. RANGE 89 WEST OF THE 6TH P.M. BEING MORE PARTICULARLY DESCRIBED ASTOI,LOWS: BEGINNINC AT A POINT ON THE SOUTHERLY RIGHT.OF.WAY OF COUNTY ROAD NO. I I7TVHENCE THE NORTHEAST CORNER OF SAID SECTION 33 BEARS N 64 DEGREES 57 OO" E.5286.10 FEET: THENCE ALoNc SAID RIGHT-OF-WAY N ?2 DEGREES 44, {6,, E l5z..l8[EET; TI{ENCE N 65 DEGREES 39' 20" E. t76.60 FEET: THENCE N 8t DECREES 00' 35"E. 89.89 FEET; THENCE s 60 DEGREES 03'51" E. 92.s0 FEET; THENCE s. {4 DEGREES 57' 36" E. 2t6.1I FEET: THENCE DEPARTING SAID RtcHT-oF-wAy s 26 DEGREES t0.02" w 91.5{ FEET;THENCE N 62 DEGREES 32' 09" w tgl.z0 FEET:THENCE N 83 DEGREES 59' 00" w 2t5.00 FEET; THENCE s 66 DEGREES s3'30" w t05.00 FEET; THENCE N 69 DEGREES 30' 20" w 88.00 FEET; THENCE N 36 DEGREES 27. to- w 50,00 FEET; TO THE POINT OF BEGINNING. COUNry OF GARFIELD STATE OF COLORADO ALSO DESCRIBED AS: LOT I SUNLICHT INN EXEMPTION ACCORDING TO TI{E PLAT RECORDED APRIL 7. I988 AS RECEPTION NO. 390977 AND AMENDEDIN PLAT RECORDED JANUARY 27, 1988 UNDER RECEPTION NO. 519603. \-./' L 2. 3. 4. 5. STATEMENT OF AUTHORITY (c.R.s. $38-30-172) This Statement of Authority relates to an entity named Sunlight Mountain Properties, LLC. The type of entity is a limited liability company. The entity is formed under the laws of the State of Colorado. The mailing address for the entity is 3755 Corporate Woods Drive, Vestavia Hills, Alabama 35242. The names and positions of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity are as follows: John Michael Bodnar, Manager J. Michael Bodnar, Member The authority of the forcgoing persons to bind the entity is not limited. This Statement of Authority is executed on behalf of the cntity pursuant to the provisions of c.R.s. $38-30-172. 6. 7. Executed tnis lb a^vot {ilil.E ,2008. SUNLIGHT MO a Colorado lim srArE oe fl hloaFq - couNTY on $hc.l"b?----- The above and foregoing instrument was acknowledged before me this l(o day ofS-rrng' , 2008, by John Michael Bodnar as Manager of Sunlight Mountain Prop"rti"., LLC, a Colorado limited liability company. Witness my hand and seal. My commission expires: $d.t ) t r)oor ) ) ) AIN PROPERTIES, LLC, SrrvLrGHr-lxru & RseLTy Ltmrreo Lrenrllry Co. 100 t_lrvrou HILL DRrvE. iiurrE 100 B rRrrl I xcxlttt, A LA Bl, M;t PH: 205_E7l_S985 [:r,.hruan' ] l, l0(]B ( iarfi cltl ('or rntt. t) ui ld in g a nd l)lirn nin g I)cpaf nrent 108 8(' Strccr. iuiic 40 I (ilenrrootl Spnngs. CO 81601 Rc: Sunlight Mountain Resort planned llnit Davelopment I)car Vadam or Sir: Sttrrlighr lnn & Ilcaltv l.inrited l.iahilill'co. is the ouner of thc rcal propcrrv r6ar istlcsr:riht'cl on l:xhihit A attachcd lo this letter loclrted in the r-icinill.ot'the hrse,irea of liunlighr\lour'itirin Rc.strrl. lVc hlvc a crrr'lrrirct to sell our p!.(!perl).t6 Suniight Mor.rntain l)cyclrrfrrnc,lt.l-l -t.' . Srtnlirhl \lounmin l)cvch)rlntcrli. LLt' antl Srutli3:lrr. lnc. hat.c prcpar.c4 antl are read\, to:-tthr:r;t !r' (ilrrlicLl (irtlttlr rrn i:l;piic;-'ti,:n lirr tlrc srrrrlighr \{rrr.rrrurin Rss,rrl rrr,lj. "ii-.r]*i;tclrttlc' r'tr;tnrrtic$li(,rl toilnlctttJ thc (irrrlicLl ('(run{!'(.orrrprcl-rcnsive l)larr rlnrl ln Hpplicatir\n,irrs!.'clt'hplurrrslis,,t, (\rrlrmrrL-rt).isirrct,-rdcrluithinth.-S,,ntigfrti,i.*ntairrnesonpt,n. \\:ith tlris L-'ttcr rvc ht'r.'[t]'fluihorize Strntight.Inc. and Srrrrlig*rt ll.torrntain Der.clopnrcnr.l.l.('ln<l rhcir rlcsienatcd rcprcscntnli'c.s. J,..r*rance R. Grcen and ihc lar+ firnt of Balconrh &(ircen- P.('.. r. suhrrit and pur.-rrc thc aho.c-s[.cd l:urd usc appric;rtion l-t16r, propcrt.\r. 'l'lmnk 1ou for -r,our considenrliorr of thig npplicatir;n. Verl' tnrl1.' _r'orrrs. I r;cl. ITIID I.IABII-ITY ('0 Our Order No: GW2506SZ-Z LEGAI. OESCRIPTIOl{ A TRACT oF LAND SITUATED IN THE swt/4Nwt/4, Nwl/lswt/4 oF sEcTIoN 33, TowNSHIp7 SOUTH. RAGE 89 WEST OF THE 6TH P,M. BEINC MORE PARTICULARLY DESCRIBED ASFOLLOWS: BEGINNING AT A POINT ON THE S0UTHERLY RIGHT.OF-WAY oF COUNTY ROAD NO. uzWHENCE THE NORTHEAST CORNER OF SAID SECTION 33 BEARS N 64 DEGREES 57'OO" E.s286.10 FEET; THENCE s 36 DEGREES zt' t0" E s0.00 FEET; THENCE s 69 DEGREES 30,20' E 88.00 FEET: THENCE N oo DEGREES 53' 30" E t05.00 FEET:TIIENCE s 83 DEGREES s9' 00" E zls.00 FEET: THENCE s 62 DEGREES 32' 09" E t9t.20 FEET; THENCE N 26 DECREES IO' 02" E 9I.54 FEET TO A POINT ON SAID RIGHT-OF.WAY; THENCE S 58 DEGREES 33' 34" E, I5s.35 FEET; THENCE DEPARTINC SAID RIGHT-OF-wAys 19 DEGREES 27' 26" w 341.e8 FEET; THENCE N s5 DEGREES 40. ts.. w 250,62 FEET: THENCE N s2 DEGREES 04' 07" w t49.40 FEET; THENCE N zl DEGREES zs, zs,,w 62.0s FEET: THENCE N 79 DEGREES {{'06: w 26.29 FEET: THENCE N 13 DEGREES tz, 44" E. 155.09 FEET; THENCE N 83 DEGREES 59' 00" w 2r.20 FEET; THENCE s 66 DEGREES s3,30' w 103-57 FEET;.THENCE s 09 DEGREES 04' zs" w 64.10 FEET:THENCE N sB DEGREES 55' 00" w 20.63 FEET; THENCE N 27 DEGREES 5l' 05' w {s.62 FEET; THENCEN 56 DECREES I3' 38" W 6I.35 FEET; THENCE N 37 DECREES 30' 20" W 30.93 FEET: THENCE N t8 DEGREES 16' 43" E 40.46 FEET: To rHE poINT oF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALSO DESCRIBED AS: LOT 2R SUNLICHT INN EXEMPTION AccoRDING To THE PLAT RECORDED APRIL 7, 1988 As RECEPTIoN No. 390922 AND AMENDEDIN PLAT RECORDED JANUARY 27, I998 UNDER RECEPTION NO. 519603. l. ) 3. 4. 5. STATEMENT OF AUTHORITY (c.R.s. $38-30-r 72) This Staternent of Authority rclates to an entity named Sunlight Inn & Realty Limited Liability Co. The rype of entity is a limited liability company. The entity is formed under the laws of the State of Colorado. The mailing address for the entity is 10256 Road I 17, Glenwood Springs, Colorado 8l 601. The names and positions of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real propcrty on behalf of the entity are as follows: Peter W.S. Brigham, Manager J. Michael Bodnar, Member The authority of the foregoing persons to bind the entity is not limited. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of c.R.s. $38-30-172. Exccuted this // day of UNLIGHT INN & REALTY LIMITED LIABILITY CO., 6. 7. 2008. ) ) ss. ) srArE or Qtdp.*.q couNrY or , \,{-+k,/6on \ The above and foregoing instrument was acknowledged before me this lL day of !-^4fn<--, 2008, by Peter W.S. Brigham as Managcr of Sunlight Inn & Realry Limited Liabilify Co., a Colorado limited liabiliry company. Witness my hand and seal. My commission expires: I liability company SI;;;;y6=r:-.. $u l4Au.:'*; Isi csoa,'' i], \r--"..fr64. ,e- ;;-ll?-ro r. - ({j,LI-; Yj'c.'d. -.- ..' .<t ;' r.-1;1 s. -.........',.+r:n+ Srmr,rxc MouxrArN PRopnnrlEs, LLC 3755 Conronarr Wooos Dnrvn Vnsravn Hu,ls, Al,.An^Llt.L Pu: 205 -451-1872 June 9,2008 Garfield County Building and Planning Department 108 Sth Street, Suite 401 Glenwood Springs, CO 81601 Re: Sunlight Mountain Resort Planned Unit Development Dear Madam or Sir: Stirling Mountain Properties, LLC is the owner of the real property that is described on Exhibit A attached to this letter located in the vicinity of the base area of Sunlight Mountain Resort. Sunlight Mountain Development, LLC and Sunlight, Inc. have prepared and are ready to submit to Garfield County an application for the Sunlight Mountain Resort PUD, which also includes an application to amend the Garfield County Comprehensive Plan and an application for sketch plan review. Our property is included within the Sunlight Mountain Resort PUD. With this letter we hereby authorize Sunlight, Inc. and Sunlight Mountain Development, LLC and their designated representatives, Lawrence R. Green and the law firm of Balcomb & Green, P.C., to submit and pursue the above-stated land use application for our property. Thank you for your consideration of this application. Very truly yours, STIRLTNG MOUNTAIN PROPERTIES, LLC a Colorado limited liability company,By: Bodnar Investments, LLC, an Alabama limited liability company, is Managing Member Bodnar Investment Group, Inc., Encl. I. 2. 3. 4. 5. STATEMENT OF AUTHORITY (c.R.s. $38-30-172) This Statement of Authority relates to an entity named Stirling Mountain Properties, LLC. The type of entity is a limited liability company. The entity is formed under the laws of the State of Colorado. The mailing address for the entity is 3755 Corporate Woods Drive, Vestavia Hills, Alabama 35242. The names and positions of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity are as follows: Bodnar Investments, LLC, Managing Member The authority of the foregoing person to bind the entity is not limited. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of c.R.s. $38-30-r72. a$ Executed this I 6. 7. day of f,o*,2008. STIRLING MOUNTAIN PROPERTIES, LLC, a Colorado limited liability company, By: Bodnar Investments, LLC, an Alabama Iimited liability company, its Managing Member srArE oF Alatr.,,^o COUNTY OF.shd +h day ofThe above and foregoing instrument was acknowledged before me this t day ofI[-ur"r<- , 2008, by John Michael Bodnar as Vice President of Bodnar Inuestrn"rt G-up, Inc., an Alabama corporation, as Managing Member for Bodnar Investments, LLC, an Alabama Iimited liability company, as Managing Member for Stirling Mountain Properties, LLC, a Colorado Iimited liability company. hael Bodnar, Vice President Inc., its Managing Member John Bodnar an Alab By; By; t ryOW' l. 2. STATEMENT OF' AUTHORITY (c.R.s. $38-30-172) This Statement of Authority relates to an entity named Bodnar Investments, LLC. The type of entity is a limited liability company. The entity is formed under the laws of the State of Alabama. The mailing address for the entity is 3755 Corporate Woods Drive, Vestavia Hills, Alabama 35242. The names and positions of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity are as follows: Bodnar Investment Group, Inc., Managing Member The authority of the foregoing person to bind the entity is not limited. This Statement of Authority is executed on behalf of the entity pursuant to the provisions ofC.R.S. $38-30-172. Executed thi, (tlary or .,lu*-r , 2009. BODNAR INVESTMENTS, LLC, an Alabama limited liability company, By: Bodnar Investment anA its Managing Member John ichael har, Vice President STATE Of A laL...,r^ couNrYor Shtfbt, The above and foregoing instrument was acknowledged before me this -Qff day of -:5rtnt- -, 2008, by John Michael Bodnar as Vice President of Bodnar Investment Group, Inc., an Alabama corporation, as Managing Member for Bodnar Investments, LLC, an Alabama limited liability company. ) ) ss. ) and seal. 6. 7. Inc., i, n [su\s;i flj;;'i;ii{'tj 1. 2. 3. 4. 5. STATEMENT OF AUTHORITY (c.R.s. $38-30-172) This Statement of Authority relates to an entity named Bodnar Investment Group, Inc.. The type of entity is a corporation. The entity is formed under the laws of the State of Alabama. The mailing address for the entity is 3755 Corporate Woods Drive, Vestavia Hills, Alabama 35242. The names and positions of each person authorized to execute insffuments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity are as follows: John Michael Bodnar, Vice President The authority of the foregoing person to bind the entity is not limited. This Statement of Authority is executed on behalf of the entity pursuant to the provisions 6. 7. of C.R.S. $38-30-172. 0r! Executed this I day of STATE OF 0tobq"rv^ (urr..2008. BODNAR an By: ROUP, fNC., ing Member hael , Vice President ) ) ss. ) John was acknowledged before Bodnar as Vice President me this Lday of of Bodnar Investment couNrY or j5hath$- The above and foregoing instrumentj[*ng*-_, 2008, by John Michael Group, Inc., an Alabama corporation. Witness my hand and seal. USDA - United Statee Department of Agriculture Forest Service White Rlver National Forest Aspen-Sopris Ranger District PO Box 3091620 Main St- Carbondalq CO 81623 (e70)963-2266 Fax: (970) 963-1012 f ile Code: 2724-3 Date: J6nuary 15,2008 Mark Burnell Sr. Associate Snow Engineering, Inc. 301 W. Main Street, Suite 201 Frisco, CO 80443 RE: FS Road 300 at Suntight DearMark: Our Staffhas been researching the best course of action regaxding the section of Forest Service Road (FSR) 300 that t*o 6prrgh the proposed'Defiance Residential Neighborhood", through National Forest Systern (I.[FS) land, into the "Upper Four Mile Residential Neighborhood," and on to the Four-Mile Trailhead. The Forest Service presently holds an exclusive road easeme,nt through the subject private lands. However, flrere is no legal authorization granted by the Forest Service for either the portion of the road located on NFS land between the private Iands or on the private lands. We feel the best course of action for this road based on its probability of becoming much busier with proposed development, is for the Forest Service to grant an easement on the portions between the private parcels, and also on the exclusive road easement we hold located on the private parcels. We are willing to work with both Garfield County and Sunlight Mountain Resort for access across National Forest System land for the development of these two parcels. We are looking forward to communicating with you in the future. Sincerely,h"tM IRENE L, DAVIDSON District Ranger Caring for the Land and Serving People erinuoooaocyaeoeaper fi Page 1 address of authorEed agent il different lrom item 1 (include zip code) Lawrence Fl. Green, General Counsel Balcomb & Green P.O. Drawer 790 Glenwood Springs, CO 31602 STANDARD FOBM 2s9 (6/99) Prescribed by DOI/USDtuDOT P.L. 96-487 and Federal Begister Notice 5-22-95 1. Name and address of Sunlight, lnc. 10901 County Road 'l 17 Glenwood Springs, CO 81601 As applicant are you? (chec* me) a. E lndividual b. El Corporation' c. E Partnership/Association' d. tr State Governmenystats Agency e. f] Local Govemmentf. tr FederalAgency APPLICATION FOR THANSPORTATION AND UTILITY SYSTEMS AND FACILITIES ON FEDERAL LANDS FORM APPROVED oMB NO.05960082 the application, the applicant should completely review this package Application Number and schedule a preapplication moeting with r€presentativos of the agency responsible lor processing the application. Each agency may have specific and unique requirements to be met in preparing and processing the application. Many times, with the help ol the agency representative,Date Filedcan be 3. Telephone (area code) 945-7491 945-6546 Authorized Agent 5. Specify what application is lor. (check one)a. E New authorization b. tr Renewing existing authorization No. c. d. e. f. tr Amend existing authorizalion No.tr Assign existing authorization No.tr Existing use for which no aulhorization has been recoived 'tr othef details under item 7 (describe in (a) Type ol system or facility, (e.9., canal, pipeline, road); (b) related structures and facililies; (c) specifications (Lengfh, width, grading, etc.); (d) term of years needed: (e) tim€ of year ol use or operation; (f) Volume or amount of product to bo transport€d; (g) duration and timing of construction; and (h) temporary work areas needed for construclion (Attach additional sheeB, il additional space is needed) See Attachment A entitled "Statement of Proiect Description." \ area and show location ol 10. 11.international on 12. Give statement ol your technical and financial capability to construct, operats,and terminate system tor which authorization is being requested. lmprovements to Forest Service Road 300 will be made, it at all, ln connection with the construction of othsr subdivision improvements necessary for the developmenl of the Sunlight Mountain Resort PUD. All improvemenls will bo made pursuant to engineered plans and specilications approved by Garfield County. Garfield County will require that ths Applicant provide security to guarantee compl€tion of all subdlvlsion improvements. ll such security does not include the improvements to Forost Service Fload 33, the Applicant will provide lho Forest Service with ssparato security for this purposo. Microsoft Word 2000 Verison 9.0,2720 Page 2 ol 4 '13a. Describe other reasonable alternative routes and modes considered. No other reasonable alternate routes are available. b. Why were these alternatives not selected?The only alternative available woul-d be to construct less para11e1 to CR 117 and Forest Serr,zice Road 300 -'ected due to proximity to existing Forest Service , sual impact of another road on the hillside. a third road more or This route was not, Road 300 and the c. Give explanation as to why it is nocessary to cross Federal Lands.It is necessary to use public access across private and public lands in order to provide a looped roadway system that will provide a second access to Sunlight Mountain Resort.. 14, List authorizations and pending applications fil€d lor similar proj€cts which may provide inlomation to the authorizing agency. (specify numben date, code, or name) Application for PUD approval submifted to Garfield County, Colorado 15. Provide statement of need for project, including the economic feasibility and items such as: (a) cost ol proposal (construc.tion, operation, and maintenance): (b) ostimated cost ol next best alternative; and (c) expected public benefits. a. Reconstruction of 8810.1.f. of roadway estimated at $4.3 million. b. Not estimated. c. The public will benetit by receiving an upgraded (dirt to asphalt) roadway will added safety features. This roadway will also connect to Old Four Mile Road creating a looped road system to provide multiple access and egress routes in case of emergency. escribe probable effects on ths population in the area, including the social and economic aspects, and ihs rural lifestyles. NOne expggtgd Microsoft Word 2000 Verison 9.O.272O cL, h e. t. and quantitya (d) the control or structural chang€ on any stream or other body of waler; (e) existing noise levels; and (f) the surtace ol tho land, including vegetation, permafrost, soil, and soil stability. Air quality will improve due to change in road surface No visual irnpact, using existing roadway corridor 'o change in drainage system ,.long No change to noise levels Existing roadway surface will be improved from gravelto asphalt and endangered species; and (b) marine mammals, including hunting, capturing, collecting, or killing these animals. a. Because Forest Service Road 300 already exists and is in use the Applicant does not expect that lhere will be any effect on populations of fish, plant life, wildlife and marine life (including threatened and endangered species) lrom the project. b. No effect on population ol marine marnmals is expected. inthisparagraph,willbeused,produced,transportedorstoredonorwithintheright.of.wayor any ot the right-of-way facilities, or used in the construction, operation, maintanance or termination ot the right-ol-way or any ol its facilities. ,,Hizardous material" m€ans any substance, pollutant or contaminant that is listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of '1980, as amended, 42 U.S.C. 9601 et seq., and its regulaiions. The de{inition of hazardous substances under CERbLA includes any'hazardous waste" as defined in the Resource Conssrvation and Recovery Act of 1976 (HCRA), as amended, 42 U.S.C. 6901 et seq., and its regulations. The term hazardous matsrials also includes any nuclear or byproduct material as delined by the Atomic En€rgy Act of 19S4, as amended, 42 U.S.C. 201 1 et seq. The term does not include petroleum, including crude oil or any fraction thereol that is not otherwise specifically listed or designated as a hazardous substance under CERCIA Section 101(14), 42 U.S.C. 9601(14), nor does tho term irnlude natural gas. Applicant dobs not know if any hazardous maLerials are currently transported upon ForesL Service Road 300.No hazardous maEerials will be d or transported upon the Road as a result of the use or improvement :. the Road if t.he within ApplicaLion is granted. 20. Name all the Department(s)/Agency(ies) where lhis application is being tilsd. United States Forest Serivce and believe that the inlormation submitted is correct to Signature of Applicant Date Title"l8, u.s.it a crime for any person knowingly and willfully to make to any department or agency ot the United States any or reoresenlations as to any matter within ils GENERAL INFORMATION ALASKA NATIOML INTEREST LANDS Th' 'olication will be used when applying for a right-of-way, permit, liconse, ; certificate for the use of Federal lands which lie within conservation r. -., r uflits and National Recreation or Conservation Areas as defined in the ^laska National lnterest lands Conservation Act. Conservation system units include the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, and National Forest Monuments. Department of Transportation F€d€ral Aviation Administration Afaska Begion ML-4,222 West 7th Ave., Box 14 Anchorage, Alaska 99513-7587 Telephone: (907) 271-5285 NOTE - The Department o{ Transportarion has established the above central {iling point for agencies within that Department. Afiected agencies are: Federal Aviation Adminiskation (FM), Coast Guard (USCG), Federal Highway.Adminishation (FHWA), Fsderal Railroad Administration (FRA). Microsoft Word 2000 Verison 9.0.2720 t HeREgy CERTIFY, That I am of legal age and authorized to do business in ths State and that I have personally examined the information containsd Transportation and utility systems and facility uses for which the application may be used are: '1. rianals, ditches, flumes, laterals, pipes, pipelines, tunnels, and olhers i for the transportation of water. 2. Pipelines and other systems lor the transportation of liquids other than water, including oil, natural gas, synthetic liquid and gasoous fuels, and any refined product produced therefrom. 3. Pipelines, slurry and emulsion sysl€ms, and conveyor belts for lransportalion of solid mat6rials. 4. Systems for the transmission and distribution of electric energy. 5. Systems for transmission or reception of radio, telgvision, telephone, telegraph, and other electronic signals, and other means of communications. 6. lmproved rightof-way for snow machines, air cushion vehicles, and all- terrain vehicles. 7. Roads, highways, railroads, tunnels, tramways, airports, landing strips, docks, and othor systems of general transportation. This application musl be filed simultaneously with each Federal deparhent or agency requiring authorization lo establish and operate your proposal. ln Alaska, the following agencies wlll help the applicant file an applkation and identify the other agencies the apdicant should contact and possibly file with: Deparlment of Agriculture Regional Forester, Forest Servbe (USFS)- 'eral Otfice Building, r Box 21628! .au, Alaska 99802-1628 Telephone: (907) 586-7847 (or a local Forest SeNice Oftice) Department of lhe lntedor Bureau of lndian Attairs (BlA) Juneau Area Oflice Federal Building Annex 9109 Mendenhall Mall Boad, Suite 5 Juneau, Alaska 99802 Telephone: (907) 586-7177 Departrnont of tho lnterior Bureau of Land Managemeni 222Wesl7th Avenue P.O. Box 13 Anchorage, Alaska 9951 &7599 Telephone: (9071 271-5477 (or a local BLM Otfice) U.S. Fish & Wildlife Service (FWS) Nationat Park Service (NpA) Office of the Regional Dir€ctor Alaska Regional Office, 1011 Easi Tudor Road 2225 Gambett St., Rm. 107 Anchorage, Alaska 99503 Anchorage, Alaska 99502-2892 Telephone: (907) 786-3440 Telephone: (907) 786-3440 Note - Filings with any lnterior agency may be filed with any otfice not€d abov6 or with the Office of the Secretary of the lnterior, Regional Environmental I Office,r P.O. Box 120, 1675 C Street, Anchorage, Alaska 9519. I agency(ies) will provide instructions Microsoft Word 2000 Verison 9.0.2720 Page 4 ol 4 OTHER THAN AI.AS'(A NATIOML INTEBEST LANDS Use of this form is not limited lo National lnterest Conservation Landr Alaska. lndividual departmenVagencies may authorize the use ol this form by applicants for transportation and utility systems and facilities on othei Federal lands outside those areas describod above. For proposals located outside of Alaska, applications will be liled at the local agercy office or at a location specified by the responsible Federal agency. SPECIFIC INSTRUCTIONS (tems not listed are self-explanatory)7 Attach preliminary site and lacility construction pians. The responsible agency will provide instructions whenever specific plans are required. 8 Generally, the map must show the section(s), township(s), and range(s) within which the project is to be located. Stiow tne propos€d location of the project on the map as accurately aspossible. Sorne agencies require delailad survsy maps. -The responsible agency will provide additional instructions. 9, 10, and 1 2 The responsible agency will provide additional instructions. 13 Providlng informalion on alternale routes and modes in as much dotail as possible, discussing why certain routes or mod€s were rej€cted and why it is nec€ssary to cross Federal lands will assist the agency(ies) in processing your application and reaching a final decision. lnclude only reasonable altemate routes and modes as related to current technology and economics. 14 The responsible aggncy will provide instructions. 15 Gen€rally, a simpl€ statement ol the purpose of the proposal will be sutficient. However, major proposals locatsd in critical or sensitive areas may require a full analysis with additional specific information. The responsible agency will provide additional instructions. 16through 19 Providing this information is as much detail as possible will assist the Federal agency(ies) in processing lhe application and reaching a decision. When completing these itrns, you should use a sound judgment in furnishing relevant information. Fore example, if the proioct is nol near a stream or other body of water, do'noi address this subject. The respon$ible agency wil provide additional instructions. Application must be signed by the applicant or applicant,s authorized representative. EFFECT OF NOT PROVIDING TNFORMATTON: Disctosure ot the inlormation is voluntary. lf all the information is not prwided, the application may be rejected, OATA COLLECTION STATEMENT The Federal agencies collect this information lrom applicants requesting right-of-way, permit, license, lease, or certification lor the use ol Federallands. The Federal agencies use this intormation io €valuate the applicanfs proposal. The public is obligated to submit his form il they wish lo obtain permission to use Federal lands. 5of4 '. Corporation certification trom the State showing th€ corporation is standing and is entitled to operato within the State :opy of rosolution eme and address ol each shareholder owning 3 percenl or more of the shares, together with the number and of any class of voting shares of the entity which such shareholder is authorizod to vote and tho name and address ,l eac,. -,,rliate of the sntity togethor with, in the case ol an atfiliate controlled by the entity, the number of sharss and the rercentage of any class of voting stock of that affiliate owned, directly or indirecty, by that Bntity, and in the case of an atfiliats rhich controls that entity, the number of shares and the percentage of any class ol voting stock of that ontity owned, dirsctly 'r indir€ctly, by the aftiliate. application is lor an oil or gas any related right-of-way or temporary use permit 1. lf application is for an oil and gas pipeline, identity all Federal lands by agency impactsd by proposal. CORPORATIONS r. Copy corporation ,. Proof of organization copy resolution authorizing f iling lf application is for an oil or gas pipeline, provide information required by item t-OTHER UNINCORPORATED ENTITY of association, if any lf ons partner to sign, resolution authorizing action is Name and address partnsr, association, or other L lf application is for an oil or gas pipeline, provide information r€quired by -g'' above. ' Provide the lile NOTICE Under ths PapeMork Reduction Acl of 1995, no persons are required to respond to a colloction ol information unloss it displays a valid OMB control number. The valid oMB control number for lhis information collection is 0596-0082. This intormation is nesdsd by the Forest Service io evaluato the requests to use National Forest System lands and manage thosg lands to protect natural resourcgs, administer the usB, and ensure puUic health and satety. This information is required to obtain or retain a benefit. The authority for that raquirement i provided by the Org8nic Act of 1897 and the Federal Land Policy and Management Act ol 1976, which authorize the secretary of Agriculture to promulgate rules and regulaiions tor authorizing and managing National Forest System lands. These statutes, along with the Term Permit Act, National Forest Ski Area Permit Act, Gianger-Thye Act, Mineral Leasing Ac1 Alaska Term Permit Act , Act of September 3, 1954, Wilderness Act, National Forest Roads and Trails Act, Act ol Novembei 16, 1 973, Archeological Resources Protection Act, and Alaska National lnterest Lands Conservation Act, authorize the Secretary ol Agriculture to issue authorizations or the us€ and occupancy of National Forost System lands. The Secretary ol Agriculturel regulations at 36 CFR Part 251, Subpart B, est2\rish procedures for issuing those authorizations. ./acy Act of 1974 (5 U.S.C. 552a) and the Freedom of lnlormation Act (5 U.S.C. 552) govern the confidentiality to be provided for informalion received by . Je Forest Service. Public reporting burden for this collection of information is estimated to average 8 hours per r€sponsa, including the time for reviewing instructions, searching existino datia sources, gathering and maintaining the data neaded, and completing and reviewing the collection ol information. Microsoft Word 2000 Verison 9.0.2720 current, lentification (e.9., number, date, code, name). lt not on file or curronl, attach the requested information. Fonrsr Srnvrcrc Roln 300 SrarrvrENT op pnorECT DpscnrprloN Sunlight Inc. hereby submits the within Application for Transportation and Utility Systems and Facilities on Federal Lands. The purpose of this Statement is to clarify the nature of the request and to provide a description ofthe proposed project. The Applicant is the owner and operator of Sunlight Mountain Resort in Garfield County, Colorado, pursuant to a Ski Area Term Special Use Permit issued and accepted on January 29, 1993. The primary access to Sunlight Mountain Resort is via Garfield County Road ltZ, also known as Four Mile Road. The property is also accessed via Forest Service Road 300. At apoint in the SW % NE %, Section 33, Township 7 South, Range 89 West of the 6'h p.M., on private land owned by Leonard E. Lorentson, a significant shareholder in the Applicant, Forest Service Road 300 departs from County Road 117. From that point of intersection guests of Sunlight Mountain Resort primarily utilize County Road l17 to access the existing facilities of Sunlight Mountain Resort. Forest Service Road 300 continues generally to the wesiprimarily on private lands, through Sections 33 and 32. Members of the public presently use Forest Service Road 300 primarily to access public lands located west of the Sunlight Mountain Resort. The United States Forest Service acquired its rights to construct and maintain Forest Service Road 300 upon the private lands through three righrof-way deeds granted in 1967 by predecessors in interest of the Applicant. Copies of those deeds (the best obtainable) arl attached hereto. The Applicant has recently submitted to Garfield County officials an Application for approval of a Planned Unit Development on vir[ually all of the private lands in the vicinity of the existing Sunlight Mountain Resort base area facilities. Very simply described, the Application for PUD approval seeks approval from Garfield County for the development of up to 830 residential, hotel and lodging units, together with commercial and related uses, on approximately 468 acres of private land. A copy of the proposed PUD plan map is attached hereto. The pUD plan map also depicts the existing locations of Four Mile Road and Forest Service Road 300. As can be seen from the PUD plan map the Applicant proposes to utilize Forest Service Road 300 as ,ur access road to the westerly portion of its proposed development. By so doing, the westerly portion of the proposed development will have two ways of ingress and egress, oni being Forest Service Road 300, and the other being Four Mile Road. In connection with its preparation of the PUD Application, the Applicant obtained a letter from Irene L. Davidson, District Ranger, dated January 15, 2008. A copy of this letter is attached. As suggested in Ms. Davidson's letter, the Applicant is hereby seeking the necessary approval from the Forest Service for the utilization and improvement of that portion of Forest Service Road 300 located on the private lands in question. The Applicant is also seeking the necessary Forest Service approval to use and improve the short portion of Forest Service Road 300located on public land in the NE % NE % of Section 32. Forest Service Road 300 Statement ofProject Description Sunlight, Inc.Page I of2 In response to Question 7 of the Application, the Applicant states the following: a) Roadway - Existing Forest Service Road 300. b) Uphill drainage ditch and associated culverts.c) Begininng at Garfield CR 117 (Four Mile Road) extending approximately 8810 lineal feet westerly to near the western boundary of the proposed Sunlight Mountain Resort PtlD. Improved roadway to consist of 26' wide platform (11' lanes,2'shoulders) and guardrail as needed.d) Perpetual e) Year-round use 0 The Forecast Average Daily Traffic on Forest Service Road 300 at buildout of the PUD ranges from less than 300 to approximately 1200,g) Construction duration expected to be approximately three months to be performed during the summer. h) Traffic control will maintain one lane of traffic throughout construction duration. Other specific details of the project are set forth in the Applicant's responses to the information requested in the applicable sections of the within Application form. Forest Service Road i00 Statement of Project Description Sunlight, Inc.Page 2 of 2 Book 181Page ]88 Becorded. at 4:V6 p.y." Reception No. A3?6t?April 10, 1967 Chas . Q.Ke egan, Recorder. R IGHI-OF-I./AY DEED ''r : THIS TNDENTURE, ulDE rrri;pz3.on or;J!4ee.L_ ._, 19il., BETVEEH SUXTICXT RAXCH COUEAHV, A.CORPORATION OI1GANIZEO AHO' " ' gxlsTlNo.ul{oEB THE LAtrts oF THE Srlre or CotoRaoo ANo'iuULv AuTHoR- , .; .tzEo To oo BuslNEss lN THE SurE or CouoRloop GR/.NToR, pARTy oF THc ,,'.-', FtRsr pARfrt: lNo Txe Uulreo SrarEs or AutRtcA, pARTy or THE ggcoNo :' PART, ;'. ' . .. '. ;q. . WITNESSEIH: , - ..' . ." :-,:, :.i -i ' '. .! . ;' Taer ron ANo'tN coNstoERATrolr oF',''.:: 'r ''ANo orl{ER: Gooo ANo VALUAaLE coNstoERATtoNs, THE B€cEtpr oF rrHtcH ::.,:::,..,: lS tIEREBY ACKNOITLEOGEO, THE PARTY OF THE FIRST PART OOES lttREBy.' i.,: --" { ...:J1r;1.'r GRANT'..8ARCAINi SELL ANO CONVEY UNTO THE PARTY OF TI{E sEcolrD pA.;:j-..1'. GRANT, SARCAtN, SELL ANO CONVEY UNTo rHE PARTY OF THe SECoNO PART'::-ii---; -.- .'o',li:'},r. ANo'trg AsStGNs AN ExclusrvE EASEMENT ANo RtGnT-oF-uAy FoR Htc6wAy,'i;':''- =puRpostsrt ron,'i'HIGHUAy rg BE LocATED. coNsrRucrEo. opER^rrE6- aNor'_ r:: , ' PURPOSEST', FOR, A 'H I Y T0 BE LOCATED, CONSTRUCTEO, OPERATEO, ANO:",':'.-.i - HATNTAll{EO UNOER THE AUTHORtTT OF rxe secagrARy oF AcntculruRe or ii:;:,j.ji" iTxc' Uxtrco:sierci ANo KNor.rN A3 TltE Forrn Mrur Rolo, pno.lrcr Nrxto6niTxc' Uxtrco:sierci ANo KNor.rN A3 TlrE Forrn Mrur Rolo, pno.lrcr NrxtoEntti"ii..oriui' oir.o, orol..,!:,'..!--: PnEr4 I!tEa:gttulteo tN ?!rF Corrrrry or G-rnrrrrn- Sirlrr 6F C6raD^^^.i i,,,i.,-: pncr.riges,atruATEo tN TuE totrrry-or Ganrti[uo, SrArE or Colonloo:, 1t.;,;:t': ,,.!*Ndr=or,.SecrroN 33; T.?s.r:n.Bgl. , 6rx p.Mr ,'. .. -,, .- .r!'o" i'i ' l:t (:. C t- rl ',o ,e 4 lt.oi,. t.1,.,:( i:.- '.1 \_:-, .. ;il,-t " - .l:-'n't'.',Tnqf iUnvqyr. tNe , ft tcttr^oF-WAy r,,tpTll Al. ;, .r,,:i".'': J1i1 iu11 NOT BEEH ilAOE. lN 1CITNESS }rI{EREOF, rHE sArD BE EXECUTIO.IN ITS NAI.IE ANO THE DAY A}TO.YEAR HEREINABOVE ! AlrD POs I T I oN oF r{oilutrEHTS GRANTOR HAS CAUSED THE AFORESAID TO ITS CORPORATE SEAL TO BE HEREUNTO AFFIXEO },R I TTEN. I I.l -_.'.'- ,1- " 9ElNc-HoRE PARTtCULARLY sHovr{ ANo oEscRrBEo o}l TnE RlcnT-or-.ly'ry..'' , - ,pler (FouR MILE RoAD) No. l2?l, oATED MrRcx, l)66, vu cE ts. : ATTACHEO ANO.A PART OF.THIS OEEO : Txe nrcrr-oF-wAy HAvTNG A TorAL LENGTH or tl+59.3 FEETr:.ANo - coNTAtutxc J. lO ncnes t4oRE oR LEss. Tne rceutRtNG AcENcy rs rHE FonEsr SeavtcE, DEeIRTMENT oF AcRtcuLTuRg. PRovtoeo, HolrEvER, THAT ,F AT ANy rr4E THts EAsEi.tENT, oR ANy HlcguAy coNsrRUcrED THEREoN, sllALL BE ABANooTED By iHe UntrEo STATEs or AuenlcA oR trs AsstGNs, THE RtGHTs ANo pRtvtLEcEs HEREBY cRANTEo SHALL CEASE ANO TERI,IINATE ANO THE PRET,IISES TRAVERSEO SHALL 8E TREEO FBOM SAIO EASEMENT AS FULLY ANO COMPLETELY AS IF THtS INOET,ITURE HAO Arresr i.il -.i ', ; .: ' :, ., ::...,*Jxe r&cciiuoi rlritnu,rcilr-"trl3 "Acrr{olcr.cocEo oEFcne HE rHtc .:,:,:'I,_+fr*i.-._;pAy oF *fuadd;: :,,.; ,, ._, ia12, ,r,E,rfrE*trfficqroery , A-conpoyT loly !,rJ ?nl*7, " Je"lse4 )b.a*r./**y i ;: t' : { Ilt,i i I I I ltrt,I,I I -rl 1 ,,. ..'-.:. -i" rl'; i; -;r. .lai I i,:.',r + -,.,,.1-..l i't ,' t :,r"j'ii r , .l i,, t-.: II;- '.. '* , ri ... j "iiI! ..--. t l! I ii.: t i$; il:,i:iiil,'iilr )rrSr r-r,'i i:l ..t r iI I L. :13Iii:.ir . :,:! I\ 9r $.tr*e8fi.'.!6r3 {. ,t/.._t-+, " . .. i--') -Z 's' t ,l t:ttl a ,r- - '& -.: iiirrilrllrl: I lt !li$lIi iii tBrtl!lill:tr I t .'. i r I h I { r.l'a t! {I al ,:"t r' Tt !r- r-!:itrr!r !:il rli i1...4.44..ti! ! ii i ; ii ii.i Ii- $i ii:-! Si I ".:: rsi il i:.: :i t!i itt I itilLrt.tl tltil.\l j *(I. rr- i ! t I !: r i r ! ! i i i i ! i ! !: i i ! i i r i i i i I i I i it ! i a(,) rrl5 *ttt t..l sl It s Itt 'iii-i ?*L l ,it\ ' :'il +Jt r lf',tatlil lrut\t 3&rl r! 1'r ::::ti i.i *-'_* ^ .'.lJ ! t * -E;+{ ri Lk -+i/+ * J-;'- .t '=;*:/\,-frffi I "]fl.;'-l;X rt ::.:tr t il::$fi:"T .1,3?rl;i.r\pril 1O, f96Z Rook JBIcnur. ;3.'rJJ[,i.,,n""orcrer. Pa'e J91 RIGHT-OF-h'AY OEED q Txrr roa ailD rN coNs rDER^r rol oF__ oNE oor.ren ($ l.0o)ar{D orHER GooD aNo ,^.*".. "oi"l;Effirs HEREay ^c,.r{oulrDGED, ,nE ,,o"ir-o.^;;;";;":i r,ARr Do€s r{ERcaycRANT, 6ARcAtN, sELL A m;::.;::i;LiH;l!, :;t,:;"::::,'::",iT:J,::,:x:,;::it, im, r{AtNratNEO uNDEn rHE ^ ,o "a LocATEO, cor{sTRUCTEO' QpERATEO' ANO ifi Y,'J;: ?, i:; i:""ii:" xifi;' I; :;. T:,;';i:l^;;^ ;: i;:: : :: *X":; rREtrtsEs stTUATEO 'n ,, or, ovER, AND ^cRo$s THE ToLLOVll{c DEscRtBeo{E CouNry oF Glnrrrlo, Srare or coLoRAoo3 ii*Y:;.****' rno sr*rut* or stcrro' 33, r.7s., R.Bgc., Tlre sunvryLruE, Rrcxt-or_thr vtorH Afio posrrtor{ or MoNut{ErrsBE,TIG -MORI t,ART I CULr,r r r ( rourr riii' *oili!.i":,i:X, l.:^?:;.;l::: $d:.,: ; :X;;:;;^,arrlcHco ^nro o g.r,fii oF Tlrrs o€cD,/THc nrcxt-orrdry ln;;;";-;'i:;ir'll;,!^il[ :"'::l:.''"c'ri or 2ril8.B rEEr, ANo cor.,- Tsc lceurntnc AGIHcy ts rxr Foacsr Scnvrct, DcpaarucN.r oF AcntcuLTUqc. iX;JiXiil.X.lllii:r]-ll rF ^r ANy rrMr rHrs €AsEucNri oR ANy HrcHrrAy Axco, ci -n"=,, r;.;;;;;_;,]^.. 0c ABA,ooNrr) oy rrE UN I r.o Sra res ;;_,,"" , .,^.. ".ou. ;;"^;;;;;i,1":J'i:J'"ll;,::1,*:::;,:;^::;, I;llii,,FREED TROM SAID rA5E,4EI{IlNoENrunr HAD Nor o.rn nioli,FuLLY ^No cor'tPlrrELY As lr rrlrs lN WITNISS l{flCRf_OF, r},c sAtD cnANron HEREUNTo suBscRtBEo Hrs .{Ar4rrHE qAY ANO YCAN IlCNfIil AEOYE gNITTEI{. 3ll.:_]rDI^nuRF, MADE rnra iJrEorv or ::,r::::^r"11 Hrcos oF rHf, cou,{ry oFjl'ixlll;^ l'll;::;^:^: jl':;"ixl'.?l;*,"*ffi w rrruessrrniiiriXil#i: PAR'Y oF rHE sEcoNo i.ARr, ) -_1 srri? orItrrEo Srlrcs ACKNOHLGDC}IIINT g'IAII{ Ot' col.()RADo llrr' l(,1,.1:rrl,B l,xt.rrlthrr( wto {ck,.ylo(lgcd hofore sn thl,s .,-.* r-^ /{ .Jry or ,r4{,ac ,1, , V I 7 , WltNlili$ nly ll{rr(l nud uffi.cllrl oenl lloo[ ',li'., l'ugo i'1".1 (lruNly ol,' ... *-o!.,I/i", .i I I n il il il I a r-J QUIT.CLAIM OEED.'n.'.u..t.,t .& ,? /.t-C /, a a .!-Qt (L^>-u /(t , ;1-h/. /L(( td). /71, /'/o /r' tn,, t,/-/.r/-i /"'t fr t/,t/;'i k h'r, , / a tt 1, / ,,,'1, /' ., rr.' 1-/u.' ,(i, StoNno, Srelno ,tuo Dur,tvnnuo rn Pnnsrxcs on ) \ 1.{" A. L t,L rct./' -z7:, >. i: .J, 't tsla -ar.: ': -\\ i-- a-\ -r (- '.i r', ti\r(.. a' t: _l 'a\ \ 't ,-f I \ I CouNrv or.... '1 r -/^..-( l:' /'. ,u /a.dut1 ' 'l:'' id irAvn a.r(n qO uol,o THr.I SrIME,iogetber rvith all antl singular thyiip$ulteuarles and privileges therduuto be- Iongilg or in anyrvise thircunto appertainiug, ancl all thc estnto, right, title-, intctest atrtl claiur rvhatsoever of the said part'.i.1. "?,ii:::t:fi,i;::iitiHE&Hp'in1Hy#J&#'0:::+",*IHt pJl?H[r'f the said n"",'-il , of the second paft' IN MTNESS lvH'EmOi'. IU"'.,iia prrl,..-.t.1..... of tLc first part h/..:....... hereunto s"t....../..!..(.s1,...............hand...... and' IN LTNESS MiEREOI', the s6id ptl..-.t.f..... of the first part seol...... the day ald yenr fir'el nbove rvritten. / Bv....... qfiii EeeD, u^9 uxlled antl...;- .( t.:1..i..1..(..t.. of uro oourrry ,f ...:)!/d.././i.,,..r.(,r{-.......--..,o * * .t .,---^o / l,,rtt,ttt 1r the year of our Irord one thousaud nine 'irf Colorado, of the flrat Part, aud , r'r't'/it 7. t, -a,<_,''11/r' it o ,igilt, titlc, iutercst, df"iry ;r19 -4..,rr91ta iurri.f, irr. saif/part....r.y.... of tne nrlt-part ha-',.....- in &nd t"o t\'6 f/lowing describer of tbc County of That the to tlre said rtail.t!../|... of the first part in lrand poitlby thc fessetl aucl aoknory/etlgcd, bn..i.1...." rcmiscd, r'elcased, sold, poid by thc said release, sell, "otruJl'ori.t Qult-Cr.,rrm unto l,hc said pnrt."...c.r/. of and in the second part, the receipt rvhereof ie hereby oou- triil",i/',,',r,,1 i),,4i t'/t./.,:/t,t./t)l,,rrrr.7 (;.(./,/,'t,r/' ,,,',/ri,fltrvlt.r/', (/ r,,)rtt.t",( ,r-1r;,,660./!.1,,{tr r,, .t;t|t-.i/1a/'S:' 'vlii-l,.:,t ^ttii,S' '/.,)n.,-{:,(.' '''tlrrTn'(7 .. *'1(u/ (,trrtL:.,.!r ^t'i-',,7;;" (,?,' u'), *:,',,7(,,(".,-',,, /'"!,/,r,,cr.. tltz,7 .(,t', (ii,zDt i,L, ,,V''.*,,:t,/'.tt4/ /,ty'-tr.,)t1' ,t,r,/')".:,,7' /L. ti'( 7{o, / lto .t';,;rl9'r,,f /;'/(rr,,i,t,'rcr/ri 71"/,: Fr:,, /lj.)-',1 ;hd./ tt,.!/(r,rt'r',, ',,i('.^'r'.'r,i.,(-, r,','/f'tJ(',Cr, t23,,./ lrrila/h.t, oli't/r,,rr.t.,'ll, tt, /J t-to tst, zl lrrl Lu /1,,, /,.i,r'.,'./,'.rZt.r,,.ct, d. /h"l's'.b,.rc;i, ll ,loLnr.'t',u{li.,L.tc.,J Lz"s/'-tu.l r,t2,ct,1; ii,',,4ibrr'(;'!//, t1.({- /( (/'/s' 2-ty,r.2s /r,,1r'-rtn J/n t;i,,,7.'(/ir,,ru',i/. /lo,rJ/ l;.. /:S'.qz /r/ h d./alr7-,ri/;' '/,, ulr, *\,.,frJ' /1,','t.,/k,A ,/r, / /a ,'Lrd:o,t,'1) z/ir7r.cl,/ulrf /," ?4' 6.a/&s- ,r/- aud forsaid Couuty, in the Std.tc aforesaid, do hereby certify that....'.. FS-2700-24 (7 /92) OMB No. 0596 -0103 Expires 7 /31-l9S USDA - ForeEe Service iiolcier l{o. I Type Site I aut}rority* 4o't5/01 I :.er J 5as SKI AREA "EPJ{ SPECIAT, USE PERMIT har -f a1^-^hor al tcQa -,LBef . Fsl,t 27to) Auth" Type j Issue Dateisrq)1r. Daie; 18 I / / _1r2/3t/3? | Locat.ion Seguence Fc. lStat. Ref. Io215o3ogo4soi ILarirude I r,ongLtufe | :,os caee i--l SKI SUNLIGHT, INC. or (Ho1der Name) (Bil1ing Address (twreEfLer cal1ed the (Bi.11ing Address 1) GLENWOOD SPRINGS- 2) (Cicy) holder) is hereby authorized t.o White River 10901 ii? ROAD 81601 (Zip Code)(state) use NationaL Forest Systertrtands, on the NatioaaLForeEt, for the Puryoses of const.ructing, operating, and maintaining a ririter BPortE resort including food service, retail sal-es, and other ancillaryfacilities, described herein, known as the Ski Sunliqhtski area and subject to the provisione of this term permit.. This p€tait eov€rs 2081 acre6 descr:ibed here aod as shorrn on the attached u\ip dated December 18, 1991 by Erik 3. Marrin (iilcirtified as Exhibit.A,) Ttre following improvementE, rhetlrer on or off National Forest Sy6tem 1ands, are authorized aE part of the integrated business unit, eovered by this permit:Ski lifts and tows, ski trails, day 1odge, restsaurants, naint.enatrce and snqEnaking facilities, roads, utilities, parkingl. sigrns,. radio base6tation, e>glesiveB cache, an{ other faciliEieE t,nd improvements neededin the operation and maintenarrce of a four=Eeasgh resort. Attached q1grutse6. Thi; E6tlr permit is accepted sr:Jcject to the condit.ions setforth hereig an pageE 3 thrsugh .20 , and to extribits A to .... c attaqhtd 9r ref+renced bereti and made e par.[ of tbds p€rnit. , : TI{IS P88IST TS ACCEPTED ST'BJBCT TO ALL OF TERMS AND T TDITIONS. ACCEPTED: - sr{r sulq,IglEt . ,, _ para_ TERIV,S AI{D CO}IDTTIONS I- AIITHORITY AI.ID I'SE AI.ID TERMATTTHORIZED ...,....2 n I..+L^-.i rt- 1A. 6e!.1v--9\ B. Authorized Officer . "...2 C. Ru1es, Laws and Ordinances ..,. - -...2 D. Term. ......2 E. Nonexclusiye Use .-..-..2 F. Area Acce66 .... ..3 G. MasEer Dgvelooment Plan ......3 H. Periodi.c Revision '..... .......3 II. IMPROVEMENTS.. ......3 Permission .......3 Site Development, Schedule ....3 P1ans. .....4 Amendment .........4 ski LifE Plans ard Speeifications ........4 III. OPER,ATIONS AI{D MAINTENANCE... .........4 A. Conditions of Operations .....4 B. Ski Lift,. Holder Inspectjon .........4 C. Operatinq Plarr ....5 D. Cuttinq of Trees ..... ..5 E. Siqns. .....5 F. Ternoorary Suspension ....6 rv. NoIlDrseRtMrliLATIoN... ......6 v. LIABTLTTTES ....6 A. Third Partv RiqhtE .....6 B. Indemnification of the United Stat.eE .....7 c. Danacre. to united stateE Propertv .........7 D. Riske. .....7 E. Hazards .....7 F. Insurance .........7 \rI. FEES .....8 .4. B. c. D. E. A. B. 1. Holder_to pav fair market va.lue for the permit.ted use......8 Fee6 - ConEqEuqtion Period - Flat Fee ....8 FeeB - Gra.drlated Rate Fee Svstem weighLed- average break- even point and reighted- average rate base ........8 2. Minimrm annual fee.. ....9 3. Mixed ownership...... .........9 D. Surcharqe .........9 e. Definitions of Sales Cateqories and Gross Fixed Asse_ts (GF.A) ." ... .9 Sales cateqories .......91- F. Gross Fixed }^ssets Chanqe of Gro.ss Fixed Asset Amount Upon SaIe or Chanqe rn Controll.rnq Inceresc 10 1i G. Determinino Sales and Other___Bgygnug .. .. .11 1. Sales. ....11 a. DefinitionE .....11(i) Gratuities.... .......11 (2) Acceptable Discounts .......11 (3) Discriminatory Pricing ... - -L1(4) Preferential Discounts. ....11 (5) Market Price ...11 (5) Bartering or Trad^e Offs. .. .11 {7) Comnrissions... .......L1 (8) Franchise Receipts ...11 b. Inclusions --....12 c. Exclusions -.....12 H. Conce6Bion Pavment, Graduated Rate Fee Svstem .......13 f. Interest and PenaltieE ......14 1. Ineerest shaI1 be charged.... . -...14 2. Interest rate . . .74 3. Pena1ty.... ..-..14 4. Remediea... .....15 iI . Nonpavment ......15 K- Access to Recorde .....15 L. Accounting Records ....15 L. Systematic internal corrtrols..- ...15 2. A pe::uanent record of investments in facilities.. ...15 3. A6 may be specified ...15 VII. TIIA}ISFERAT.iID SATE. ......15 A. B. C. Sr:bleasinq ......15 Notificatio.n of Sa1e... r. - ....... -16 Diwestiture of OunerEhip ....16 VIII , TERIITTNA,TION... ...16 A. Terminatio-n for Hiqher Public Purpose ....1-6 B. Terninat.ion, Revocation and Suspegsion ........17 IX. RENEI{AL .. -. -. -L7 A. Renewal . ........1,7 X. RIGITTS A}ID RESPONSTBILITTES UPON TERMINATION OR NONRENEWAL...LT .A. Removal of frnorowements L1 t7 TERMS AI{D CONDITIONS 1. AI]THORTTY AhID USE A}.ID TERM AIITHOR]ZED. -I-. Authoritv This term permit is issued under the authority of the Act of October 22, 1986, (TrEle 15, Unit.ed Scaces Code, Secclon 49-D', ano B. Authorized Offi.cer. The authorized officer is the Forest Supervisor. The authorized officer may desrgmate a representatiwe for aciministration of specific portions of this au-.horization. C- Rules. Laws and Ordinances. The holder, in exercising the priwileges granted by this term permit, sha1I comply with aII present Euxd future regrulations of the Secretary of Agriculture and federal laws,' and all present and fut.ure, stat.e, county, and municipal 1aws, ordinances, or regrulations which are applicable to Ehe area or operations covered by this permit to the extsent they are not in conflict with federal 1aw, policy or regrulat.ion. The Forest Service aasumes no reaponsibility for enforcing law6, regulations, ordinances and the like which are under the jurisdiction of other government bodies. D. Term. 1 - This authorization is for a term of N/A yearE to provide for the holder to prepare a l'raater Development P1an. Subject to acceptance of the MaEter Development P1arl by the authorized officer, this authorization shal1 be extended for arl additional N/A years, for a totil of N/A yearB, to provide the holder sufflcient time to conEtruct facilities approved in Ehe tllaster Development Plan within the schedule outlined in clause II.B. (Site Development Schedule), Eo that the area may be used by the public. Further Provided; This authorization eha11 be extended by its terms for an additional N/A _ years, for a total of N/A years, if it is in compliance with the Eite development schedule in the ll[aster Develotrrment PIan and being in operation by the 10-year arrniversary date of the iBsuance of this authorization. Failure of the holder to comply with aI1 or any provisions of this clause shall eause t.he authorization to terminate under its terms. 2. Unless Eooner tealinated or revoked by the authorized officer, in accordance with the provisions of the authorization, this permit sha1l terminate on Deeenlcer,3f- -2!32 , buts a new special-uee authorizaEion to occupy and u6e the salne National Forest land may be granted provided the holder shall corrply with the then-exieting J.awe and regulations governing ghe ocsupancy and use of National Forest 1ands. The holder shaLl notify tshe authorized officer in sriting not lesE than six (5) montshs prior to said date that such new authorization is desired. E. Nonexclusive Use. ttrie permit is not exclusive. The Forest Service reserves the right to use or permit others to use any part of the permitted area for any pur?ose, provided such use does not materially interfere with the rights and privileges hereby authorized. 2 F. Area Access. Except for any restrictions as the holder and the au;hcrrzeo offrcer may agree to be necessary E.o Protect the installatlon and operation of authorized Structures and dewelopments, the Lands and wat.ers covered by thie permit shal-I remain open to the pub)-ic for all iain'fi:Lpu:poses.Toiacilitatep'-:b1rc'seoftnisareaailexistingroads or roads as may be constructed by the holder, 6hat1 remain open to the public, excepts for roads as may be ciosed by 3ornt ag:reement of eire hoider and the authorized officer. G. Master Development Plan. In consrderation Of the prrviieges authorizeo by this permit., the holder agree6 to PrePare and submit changes in the Master Development Plan enconpassing the entire winter Eports resort pregently envisioned for develogrment in connection with the Natronal Forest Iands authorj.zed by this permit, and in a form acceptalcle to che Forest bervice. .Additional construction beyond maintenance of exist,ing irq>rovements shall not be autshorized until this plan has been amended- plagning should encompass all the area authorized for use by this permit- The accepted Master Development Plan sha1l become a Part of thie permit- For planning purposes, a capacity for the eki area in people-at-one time shalI be establiehed in the Maater Development. Plan arrd appropriate National Environrnental Policlf Act (NEPA) document. The overall deveLopment shalI not exceed that capacity without further environmental analysis documentation through the apprcrpriate NEPA process. H. Periodic Revision. 1. ltre Eerms and conditions of thie auttrorization shall be er:bject Eo revision to reflect changing times and eonditions Eo that land use allocation decisione made as a result of revision to Forest Land and Resource l{anagement PLan may be incorlporated. Z - At Ehe Eole diEcretion of the authorized officer Ehie Eerm permiE may be arnended to remove authorization to use arry NationaL Fore6t System Lands not specifically covered in the Master Development Plan and/or needed for use and occupancy under this authorization. II . U{PRO\TEMETfrTS. A. Permiesion. Nothing in this permit shaLl be construed to imply permission to build or maintain any iurprovement not epecifically named in ih" U""t"r Development Plan g4g! approved in the annual operating p1an, or furtsher authorized in writing by the authorized officer. B- Site Develooment.Schedule. AE part of this permit,, a schedule for the progreeeive development of, the permittsed area and inetall-ation of facilitiee ehalI be prepared jointly by the holder arld the ForeaE Service. Such a Echedule sha1l be prepared by December 31' 1995 , and shal1 sets forth an itsemized priority list of plalned irrSrrovementg and the due date for completion. Thie schedule shall be made a part of this pelerit' 'fhe holder may accelerate the scheduled date for installation of arry improvement authorized, prowided the other echeduled prioritieB are met; and provided furtsher, that atI priority installaEione authorized are comlrleted to the EatiEfaction of the Forest Service and ready for pubf ic use prior to the scheduled due date- 1- AJ.1 reguired plans and specifications for site improvernenEE, and structures inclucieC in !.he development scheciuie shaii be properl-v cer:if:ed and su-bmitted to Ehe Forest Service at '1 east forty-f ive (45) days before the construction date stipulated in the development schedule. 2. in the event the:'e is agreement wit-h the ForesE Service to e)q)and the facilities and services provided on the areas covered by thrs permrt., ghe holder shall jointly preliare with the Fc:'esi Service a developmenc schedule for the added facilities prior to any construcEion and meet requiremenEs of paragraph II.D of thie section- Such schedule sha1l be maie a part of chi.s permit. C. Pla-ns. A11 plans for development, layout, construction, reconstruction or alteration of improvements on the site, as wel] as rewisions of such p1ans, mu6t be prepared by a licensed engineer, architects, artd/or landscape architect (in those Etates in whicb sueh licensing ie required) or other gualifred j.ndividual acceptalrle to the authorized officer. Such plans must be accepted by Ehe authorized officer before the cornrnencement of any work. A holder may be reguired to furnish as-built plans, mapB, or Eurvey6 upon the compleEion of conEtruction. D. Amendment. This authorization may be amended to cover new, etranged, or additional uee (s) or area not previously considered in Ehe approved t{aster Deve}opment pJ.an. In approving or denying change6 or modifications, the authorized officer shall consider .rmong other things, the findings or recommendations of other invofved agencies and wheEher their term6 and conditions of the existing authorization may be continued or revised, or a new authorization iesued. E. Ski Lift Pl?fls and Specific_ations. All plans for uphi11 equipment and Eystems sha1l be properly certified as being in accordance with the American National Standard Safety Requirementa for Aerial Pa66enger Tramways (B77.1). A corq)1ete Eet of drawings, apecifications, and records for eaeh lift Eha1l be maintained by the holder and made available to the Forest Se:rrice upon requeac. Ttrese documents sha11 be retained by the holder for a period of three (3) years after the removal of Ehe ayBtem from National Foreat 1and. rII. OPERATIONS .AI[D !{AINTENA}ICE. A. Conditions of Ooeratione. The holder shall naint.ain Ehe improvements and premises to Etandards of repair, orderlinesS, neatness, sanitsation, and Eafety acceptable to the authorized officer. Standarde are eubject Eo periodic change by the authorized officer. ftrie use shall normally be exercieed at least 36s days each year or Eeason. Faiture of the holder to exercise thie minimr:m u6e may result in terurination purBuant to \ErI .B. B. Ski_Lift, Holder Inepection. 'Ihe holder ehal1 have all paEBenger t,rarnwayE inepected by a qualified engineer or tramray specialist. Inspections shall be made in accordance with the American National Standard Safety Requirements for Aerial Paseenger TramwayE (877.1). A certificate of inspection, signed by an officer of the holder's company, aEtsesting to the adequacy arld safety of the installations and eguipment. for pulrlic uEe shaii be recei'r'eci by the Forest Service pricr'-o p'ab1ic cpe=at:on s:ati:l5 as a minimurn: rpursuanE to our special uee permit, we have had an inspection to determine our compliance with the American National Standard B?7.1. We have receiwec the results of that inspection and have made corrections of all deficiencies noted. The facilities are ready for Public use. rl C. Operatinq P1an. The holder or desigrrated representative sha11 prepare and annually revise by November 15 arr Operating P1an. The plan 6hal.1 be prepared in consultatsion with the authorized officer or designated representat.ive and Cover winter and sununer operations aS apprcr;rriate. The provisions of the Operating Plan and Ehe annual revisions shall become a part. of this permit and sha11 be submitted by the holder and approved by the authorized of,ficer or their desigmated representatiwes. Thie plan eha11 consist of at least the foLlowing sections: 1. Ski patrol and first aid. 2. Communications. 3 - Sigrns. 4- General safety and sanitation. 5 - Erosion control. 5. Accident rePorting. 7 . Avalanche contsrol. 8- Search and rescue. 9 . Bourldary managemerrt. 10. vegetation management. 11. Designatsion of representatives. 12. Trail routses for nordic skiing. 13. Schedule of GFA (Buildings, l-ifts, parking, eguipment, etc-) The authorized officer may require a joint annuaf bueiness meet,ing agenda to: a- IDdate Gross Fixed Assets and lift.-line proration when the fee is calcrrlated by the Graduated Rate Fee SyEtem. b. Determine need for performance bond for constructsion projects, and amouni of bond. c. Provide annual use rePorts. D. CutEinq of Trees. TreeE or shrubbery on the permitted area may be removed or deatroyed only after the authotized officer has approved and marked, or otherwise designated, that which may be removed or deBCroyed. Tirber cut or destroyed shall be paid for by the hoLder at appraised val'ue, provided that the Forest Service re8erveE the right to dispose of the merchaatable timber to oEherg than the holder at no sEumpage coEt, tso the holder. B. Sicrne. Sigrns or advertsising devices erected on National Forest 1ands, shall have prior approval by the Forest Service as to location, desigrr, size, coIor, and message. Erected signs shall be maintained or renered aE nece66ary to neat, and preEentable standards, aa determined by the Foregt Service. 5' F. Ternoorarv Susr:ension. Immediate ternporary suspension of Ehe op€fd-u).orr, in whole cr j.n part, may be reqi:.reo when:he aucnor-rzei officer, or ciesignated representat.j.ve, determines it to be necessar)' to protect the public health or safety, or the environment. The order for s,::spension ma1'be oiven rterball-w or in ur-iti:.rg. fn an-v such case/ the superior of the aut,horizeC officer, or desJ.grnated rePresentative, sha11, wiE,h1n ten (i0) days of the reguest of the hoider, arrange for an on-the-ground review of the adveree conditions with the holder. Fotiowing this review the superior sha11 take prompt action to affirm, modify or cancei the temporary suspension. IV. NOIIDISCRfIfiI{ATrON. During the performance of this permit, the holder agrees: .A. In connection with the perforf,nance of work r.rnder this permit, including conEtruction, mainterrance, and operation of the facility, the holder shall. not diEcriminate againet any employee or applicant for employment because of race, color, religion, Bex, national origin, age, or handicap. (Ref. Title vlr of the ciwil RightE Act of 1964 as amended). B. The holder and enqrloyeee shalI not discriminate by segregation or otherwise againEt any person on the basis of race, eo1or, religion, Eex, national origin, age or handicap, bry curtailing or refusing to furnish accomnorrations, facitities, Eeriviceg, or uEie privileges offered to tshe pub)-ic generally. (Ref- Title VI of the Civil Rights AcE of 1964 ae ;rmended, section 504 of Ehe Rehabilitation Act of 1973, TitsLe rX of the Education Amen&nents, and the Age Discrimination Act of 1975) - C. The holder shaII include and reguire cornpliance with the above nondiscrimination prowisions in any subcontract made with reepecL to the operations under this permit. D. Signas setting forth this poJ"icy of nondiscriminaEion to be furnished bry the Forest Service will be conspicuously displayed at the public entrance to the premises, and at other exterior or interior locations as directed by the ForeEt, Service. E. Ttre Forest Service ehall have the nondiscrimination provj.sions bry suit for other available remedy r:nder the laws of shich the breactr or violat.ion occurs. right to enforce the foregoing specific performance or by any the United StateB of the State in v.LIABILITIES. A. Ttrird Partv Riqhts. Ttris pernrit ie subject to all valid existing rights arrd claims outEtanding in third partie6. Ttre United StateE is not Iiable to the holder for the exerciee of any such right or claim. B- Inse!!4i_ficarion of the united states. The holder shaIl hold harmless the Uniied Siates from an1']:.a.c:liti'frcrn damaEe r-o iife c: property arising from the holder'S occupancy or use of National Forest lands under this permit. C. Damaqe to United States Propertv. The holder shall exercise drfagence Ln protecting from damage che land and properiy of the Ua;:eC states covered by and used in connection with this permit. The holder shal1 pay the United States the full cost of any damage resulting from neglrgence or activitres occurring under the terms of this permit or under any law or regiulation applicable t,c the national forests, wheEher caused by the holder, or by any agents or employeeE of the holder. D- Risks. The holder a8sumes all risk of loss to the improwements resulting from natsural or catastrophic events, including but not limited Eo, avalanches, rising waterE, high winds, falling limbs or trees, and other hazardous events. If the improvementa authorized by this permit are destroyed or Eubstantially damaged by natural or catastrophic events, the auEhorized officer sha11 conduct an analysis to deterzrine whether the improwements can be safely occupied in the future and whether rebuilding should be allowed. The analysis shal1 be provided to the holder within six (6) months of the event E- Hazarde. '.fhe holder has the responsibility of inspecting the area authorized for uee under this permit for evidence of hazardous conditions which could affect the improvementa or pose a risk of injury to individuals. F. rnEurance. The holder shalI hawe in force public liabiJ-ity insurance covering: (1) Property damage in the amount of FifEv Ihousand dollare ($ 50,000 ), and (2) damage to Persons in the minimum amount of Three llundred Thousand dollars ($ 300,000 ) in the ewent of death or injury to one indiwidual, and the minimun amount of one Million doll-ars ($ 1,000,000 ) in the event of death or injury to more than one individual. Tlrese minimum amounte and termE are subject to change at the sole discret.ion of the authorized offieer at the five-year anniversary date of this authorization. The coverage shall extend to property damage, bodily injury, or death arising out of the holder, s activitieE r.rnder the permit including, but not limited to, occupanclf Or uEe of the land and the conEtruction, maintenance, and operation of the Ettanctures, facilitiee, or equipment authorized btr this permit. Such inEurance shalL also name the United States aa alr additionally insured. Ttre holder shaI1 send an authenEicated copy of its insurance poliry to the PoreEt Service inunediately upon iesuance of the policy. The poliry ehall alEo contain a specific provieion or rider to the effect that the policy shall not be cancelled or itB provisionE chareged or deleted before thirty (30) days writ,ten notice to the Forest Supervisor' Wtrite River National Forest. P.O. Box 948, Glennood Sprinqs. CO 81602, by the insurance company. Rider Clause (for insurance companies) 'Ic is understood and agreed that t.he ccarei-age prctided '-:nder thrs policy shaII not be cancelled or its provisions changed or delered before thirty (30) daye of receipt of written notice to the Forest Super-\'isor, whitse River National Forest, P.O. Box 948. Glenwood Sprinqs. CO 81.502 by the insurance company- " VI. FEES. .A. Holder Eo pav fair market value for the permitted use. The holder must pay fair market value for the use of National Forest System land. 1. The provisions of the Graduated Rate Fee System (GRFS) identified under this pe:-nit may be rewised by the Forest Service to reflect changed times and conditions. Chaages shal.I become effective nhen: a. Mutually agreed; or, b. A permit is amended for other purPoaes; or, c. A new permit is issued including reissue after termination. 2. The Graduated Rate Fee system may be replaced in ite entirety by the Chief of tshe Foreet Service if a new generally applicable fee system is imposed affecting all holders of authorizations r:nder Public law 99 -522 - Replacement Ehal1 become effective on the beginning of the holder's businees year following establishment. B. Feee - Construction Period - FIat Fee. An annual flat fee sha]1 be due the United States during the initial construction period (vI.AA) and until exceeded by fees determined by the Graduated Rate Fee System described below; Ttrereafter, the annual fees due the United SLates for those actiwities authorized by this permit Bhalt be calculated on sales aceording to the sehedule be1ow. C. Fees - Graduated Rate Fee SvEtem. The annual fees due the United StateE for thoae activitieE autshorized by this permit shall be calculated on sales according to the following schedule: Break-even point (Sales to GFA)Rate Base Balance of SaIeE rate Kind of Business (Percentaqe) (Percentaclel (Percentaqe) Grocery Service, food Service, car Merchandise Liguor Serwice outsfitting/euiding Rental and Senricee Lodging Liftg, Tows, and Ski Schools 20 70 70 70 70 6o 50 30 40 .75 1 .25 1 .30 1 .50 1.80 2.00 { .50 4.00 2.00 1 .13 1.88 1 .95 2.25 2.70 3 .00 6.75 6 .00 s.00 1. A weighted-average break-even point (calIed tshe and a weighted-average rate base (calIed the ratse base) and used when applying Ehe echedule to mixed busineee. break-even point) eha1l be calculated If the holder's business records do not clearly Eegregate the sales into the business ca;egories authcrlzeo b1'ch:s permit, theiu shail be placed in the mcst logica1 category. If sales with a different rate base are grouped, place them a1l- in the rate categol? that shalL yield the highest fee. Calculate the fee on sales below the break-even point using 50 percent of the rate base. Calculate the fee on sales between the break-even point and iwice the break-even poJ,nt usinE 15C percent cf the rate Dase. Calculate the fee on salee above twice the break-even point using the balance of sales rate. 2. The minimum annual fee for this use. which is due in advance and is not subject to refrrnd, sha1l be equal to the fee thac wouio resuLt when sales are 40 pereent of the break-even point. This fee shall be calculated and biIled by the Forest Service during the final quarter of the holder's fiscal year, using the mo6t recent GFA figure and previously reported saLes data for the current year, p1us, if the operating season is sti1l" actiwe, estimated sales for the remainder of the year. 3. Mixed ownership. This use occupies boEh private and public land For pur?oses of t,he fee calcuJ.ation, t,he calculated fee sha1l be adjusted by the slope-transport-feet percentage representing the portion of the use attributed Eo National Forest land. Slope-transporE feet. is determined by the 61ope distance traveled by lifts over each ownership, multiplied by the lift capacity. D. Surcharqe. A surcharge of -NA- percent shall be applied to and added to the basic fee. The surcharge sha1l be applied for N/A year6 beginning with the year that sales first occur under this operation. E- Definitions of Sales Cateqories and Gross Fixed Assets (GFA) - 1. Sales cateqori.es. For pur?oses of recording and reporting Eafes, and saLes-related information including the cost of sales, the actiwities of the concessioner are divided into: Groce:rr. Includes the sale of items usually associated with grocery 6t.ore6 such as staple foods, meats, produce, household supplies. Includes the sale of bottled soft drinks, beer and wine, when included in the grocery operation. Service. Food. Includes the serving of mea18, Eandwiches, and other itecrs either consumed on the premiees or prepared for earr^y out. Snack bars are included. Service. Cars. Includes servicing e-d the sale of fuels, lubricants, and all kinds of articlee used in servicing and repairing autos, boats, suovnrobiles, and aireraft. Merchandise. IncLudes Ehe sale of clothing, Eouvenirg, gifts, ski and other Eporting eguipment. Where a trService, Carsn category of businese ie not e6tablished by this permit, the sale of auto aeceseories iE included in this eategory- Service. Licmor. Includes the eale of alcohofic drinks for consuq>tion on the premiees and other sales ordinarily a part of a bar or cocktail- Ior:nge business. tlhere a bar is operated in conjunction with a restaurant or overnight accorunodations, Iiquor, beer and wine salee shall be accounted for consistent with the holder's nor:tnal business practice. The sale of alcoholic beveragea for consumption off the premises is also included in this item, except as indicatsed in rrcroceryrr. Outfj.ttinq. Guidinq. Includes all activj.ties or corunercial guidrng servtceE rnvolvtng back-counEry cravel, regaroless of mcCe of i::ave-, rrhe- associated with a resort, or dude ranch with a mixrure of business. All fees charged are considered sales. Lcisiaq. I::c1uCes lcCEing where aa:1r' rna:d se::r'ice is furnisheC. Rentals and Servicgs. Incfudes lodging where daily maid service is not furnisheci by the holder; the rental of canq>:.ng Epace, aki equipment and other eguipment rentals; fees for the use of cro6s-country ski trails. Also incfuded are services such as barbershops, and amusements including video garnes. Lifts. Tows. and Ski Schools. Includes charges for use of all t14>es cf uphill transportation facilit,ies and for sports lessons and training. 2. Grosg Fixed Assets. The capiLalized cost of improvements, equipment, and fixtures necessary and used to generate sales and other revenue during the permit year an the permitted area or within the develryment boundary 6hown in this permit. GFA shall be estahlished by and changed at the Bole discretion of the authorized officer based on the current interpretation of guidelines supporting the Graduated Ratse Fee Syetsem. a- Costs of the following items a6 presenEed by the holder and verified by a representative of the authorized officer to be in existence and in uae are included: (1) ldentifiable structureE, rnajor eguipment, Euch aB road maintenance eguipnent, or land i.urprovements which play a distinct role in the permitted activity-(21 Identifiabfe holder coatB, to provide utility serviceE to the area. tltilitsy Eervices that extend beyond tshe development boundary may be included in GFA to the extent ttrey are neceEsary for Che generation of sales and are paid by the holder. CoBts for user Eurcharge or demand rates are oot included as GFA. b. The following, and sinilar it,ems, are nots part of GFA: (1) .AEEetE that ordinarily gr.ralify for inclusion in GFA, but which are out of Eervice for the fu11 operating year for which fees are being deteruined. Ql Land' (3) Expendable or consumable supplies. (4) fntangible aEsets, such aE goodwill, permit wa1ue, organization elipense, and liquor licenses. (5) IuprovementE not related to the operation- (5) Luxury asaet8, to the extent their deeigrn and co6t exceed fr:nctioal need. (11 Ttre prorata Ehare of GFA asEeta used in off-Eite act,ivities not directly aEaociat,ed wiEh the authorized uEe. (8) E:pensed aBsets. (9) operating leases. As of the datse of ehie pennit, ( april 30' 1992 ) ehe initiaL GFA under thie oraership has been determined to be $ 3.149,651.77 as shown in detail on the attached e)<hibiE B If €rn error is found in the GFA amount, it shall be ctranged t,o the correct amount retroactive to the date the error occurred and fees adjusted accordingly- 10 F. Change of Gross Fixed Asset Anount-Upon Sale-or Char,tqe in Cor,-,rol1:.nq Interes-u. U":on change of or,mersh:p, effec:ive riominion or controlling interest or upon sale of assets or common stock which results in a change of ownership, effective dominion, or controlling interest, the vaiue of Gross Fixed Assets shall be established applying Generallt' Accepted Accounting Principles (GAAP) . G. Det,ermininq Sales and Ot.her Revenue. Sales ald Gross Fixed Assets shall be derived from all improvements and facilities, including tshose of sublessees, which constitute a lcgieal single overall integrated business operation regarCless of the land ownership. A map sha1I be prepared deeigrnating the development boundary aDd may be aug'mented by narrative or tables arrd shal] become a part of this pennit. 1. Sales, Fees sha11 be asEessed again8t all receipts front sales unless specifically exempted. Sales for the purpoEe of fee ealculation include, (L) all rewenue derived from goods and serviees sold which are relaEed to operations under this permit and all revenue derived within the development boundary, unless otherwiee excluded, 12) the value of goods and eervices traded-off for goods and services received (bartering) and (3) tshe value of gratuities. a. Definitions. (1) Gratuities. Goods, services or privileges Ehat are provided without charge or at deep discount t,o such individuale as employees, owners, and officers or inunediate families of employeeE, ounerE and officers and not avail.able to the general public. (2) AccepEable Discounts. Transactions for goods or services below stated, Iisted or otherwise presented prices to the public at large. Included are such things aE group sales and organized programs- Etrese are included in sales ats the actuaL transaction price. (3) DiscriminaEory Pricing- Rates based soleIy on residence, race, color, or religion. DiEcounts based on age or disability are not di scriminatory prieing -(4) Preferential Diecounts. Discounts offered to certain classes or individuals based on t,heir statug, Buch aE members of boards of directors, contractors, advertieere, doctors, and vIP's, et,c. (S) Market Price. Ttre price generally availabl.e to an informed public excluding special promotions. It may not be the t'window pricerr. (5) Bartering or Trade Offe. 'fl:Ie practice of exctranging goods or eervices between individuals or companies. (7) Cosunissions. Consrissions are palments received by the holder for collecting revenue on behalf of others aE Ern agent or providing services noE directly asaociated with the operations, such as selling hunting and fishing licenses, bus or sightseeing tickets for trips off or predotrrinantly off the permitted area, accouurodating telephone toll caIls, and Eo forth. (8) Franchise Receipts. Eheee are payments made to speeific permitteee by subleEiEee6 solely for the opportunity to do buEineEE at a specific location. The perrrittee provideE little, if anyuhing, in the way xx of facilities or eervices. They may be the only fee paid Eo the permittee ot, if Some fac:.Irtres or servlces are provrcieo by the Peilr,ittee, the]- mai' be made in addition to a renta] fee. The franchise receipts may be in the form of fixed amounts of money or in reduced prices for the franchiser's producE or serviCe. b. IncLusions. Ttre following items sha11 be included as grcsE receipts to arrive at 5a1es: (I) Gratuities. Dai).y and season passes are valued at market price r.:.nless the pe:inig holder has sufficients records of daily individual use to Subst.antiate a rrva1ue of use". Value of use rs the nunber of <iays the pass is used times the market price. Does not include employees. See (4) beIow.(2) Preferential Discounts. Include the amount thaE would hawe been received had the tran6action been made at the markeE price. (3) Value of Discriminatory Pricing' Discriminatory pricing is disallowed. Include the anount. thaE would hawe been received had tshe transactsion been made ats the market price. (4) Erployee discounte in excess of 30 percent of market price. These discounts are exclusively given or provided to enployee6, ouners, officers or irunediate fanilies of employees, owners or officere are gratuities and are included in salee at 70 percent of market price. Employee discount's leEE than 30 percents are recorded at the traneaction price ' (5) Va1ue of bartered goods and services (trade offs) ' (6) Grose salee of sub1esgeeE. Includes sales of State controlled liquor stores. (71 Fifty percent of franchise receipts '(B) AII other revenue items not specifically excluded below shalI be included as salee. c- Exclusions. Ttre following items Eha1l be excluded from groaE receipts or revenue to arrive at sales: (1) value of goods and servicee provided to employeee, agents, conlractor8 or officials tso facilitatse the accomPliahment of Eheir aesigned duties or rf,ork-related obligation or Eo otherE for educational or EechnicaL competence related tso the t)E)e of permit.ted use such as lift operation, ski patrol, water Eafety, avalanche contsroI, etc. Similarly, 1oCa1, state and federal goverrrment officials including Forest, Service employees, who in t'he cour6e of their owersight responsibilities or otherwise on official business, uee goods or services. Ttre holder is not required tso rePort the value of such duty-related or official use as sales for fee calculation PurpoEeB.{21 ltre value of meals and lodging furnished by an ennployer to aJl enployee for Ehe eryloyer's convenience if , in the case of mea1s, they are furniEhed on the euployer'e business premises. The fact tshat the erployer irqposes a partial charge for, or Ehat the employee may accept or decline meals does not affect the exclusion if all ot'her conditions are met' If tbe esplcryer iryosea a charge for meals and lodging it ehall be included ats the transaction price- The holder need not keep records of enployee meale and lodgias, more detaiLed than thoee required by the Internal Revenue Service -(3) Refunds from returned merchandise and receiptss from eales of real and nonrental peramral properEy used in the operation' t2 i4) RentE paid to the permittee by sublessees, ewen if based on Eales. (5) Taxes coilecCeri on site from custcmurs, acco'"rnted for as such ln the holder's accor.rnting records, and thaC were paid or are payable to taxing authgrities. Taxes included in the purchase price of gasoline, tobacco aai c:he= p:-ccuc:s, but paio to the taxing authoriiy b-v* ihe manufacturer or vholesaler are included in sales, and subject to trhe permit fee. (G) AmountE paid or payable to a Governments licensing autshority or recreation administering agensy from sales of hunting or fishing licenses and recreation fee tickets. \1) Value of sales and commissions uhere the holder is serving as an agent for businesses noE directly associated with the permitted operation. This includes such things as bus or eightseeing-ticket sales for trips not related tO activitiee on the permitted area, telephone-toIl charges, and accident - inEurEulce eales . (8) Sales of operating eguipment. Rental equipment, capitalized assets or other a6EetE used in operations Ehal1 be excluded from gross receipts. Examples are Euch itemg aE uaed rental EkiE and boots, ski 1ifts, or grooming eguipment, which are sold periodically and replaced. H. ConceEBion Pavment, Graduated RaEe.Fee SvEtem. RePortE and deposits reguired as outlined above shall be tendered in accordance with ehe schedule belov. They shall be sent or delivered to tshe Collection Officer, ForeEts Serviee, IISDA, at the addre8s furnished by the ForeEt Supervisor. Checks or money ordere sha1l be payable to t'ForeEt Seriuice, USDA. tr 1. The holder shall rePort each calendar@llb except and the holder has notified tshe entered a Eeasonal shutdown for sha1l be made blf the 30th of the saleE, calculate fees due, and make palment for periods in which no EaleE tsake plaee autshorized officer that the operation haE a Epecific period. RePortsE and payments month following the end of each reportable period. 2. 11he autlrorized of f icer, prior go 'Ianuary 01 , shall- furnieh tshe holder with a tsentaLive rate which sha11 be applied to sal'es in the fee calculation (it.em t), Euch rate to be one that shall produce tshe expected fee based on paEt erq)erience. The correct. fee shall be determined at Ehe end of Ehe year and adjustment made as provided under it,em (5). Any balance UhaE may exist shall be credited and allplied against the next payment due" 3. During the final fiscal month, pay within 30 days of bil.ling by the ForeBt Service, the annual minimusr fee for the next year. 4. Ttre holder llluEts aleo provide within three (3) months aftser close of ite operating year, a balance 6heet repreeenting its financial condition at, the cloBe of ite buEineEs year, an annual operatsing Btatements reporting the results of operations including yearend adjustmente for itself and each sublessee for the same period, and a schedule of Gross Fixed AEEetE adjusted to co(ply $ith the terms of thiE permit in a format. and manner preecribed by the authorized officer- If the holder fails to report all sales in the period trhey were made or miereports Gross Fixed Asaets arld the authorized officer deUermines that addieional feeE are owed, the holder shall pay the additional fee plus x3 interest. Such interest sha11 be I and sha11 acerue from the daie should have been rePorted and fee assessed at the rate speeified in clause the sales or ccrrecc Gross Frxed AsseEs paid untrl the date of actual payment of the underpaid fee - 5. Wrchtn 30 oays or receipt of a s-Lareme;.i ircm:he Fa:-es: se:-r'ice, pay al]y addirionaL fee required to ccr::ect fees paid for Ehe Past wear's operation. 6. palments sha1l be credited on the date recejved by the designated collect:on officer or deposit location. If the due date for the fee or fee calculation financial sEatement fal1s on a non-workday, the charges shal1 not apply until the close of business on the next workday' 7. A11 fee calculations and records of sales and Gross Fixed AEEets are subject to periodic audit. Errors in calculation or pa).ment sha11 be corrected aE needed for confonnance with thoBe audits. Additional fees arrd interest due as a result of such audits sha11 be in accordance with item 4, paragraph 2. 8. Disputed fees must be paid in a timely marrner' 9. Correction of errors includes any action necessary to establish the eost of grosE fixed aEEetE tO the current holder, sales, 61ope tran8Port feet calculation, or other data required to accuratsely a66eEE and calcufate fees. For fee calculation purposeE, error may include: a. lfisreporting or misrepresentation of a.mounts, b- Jrrithmetic mistakes, c- TypograPhic mistakee, d. variation from Generally Accepted Accounting Principles (GAAP), when suctr variatsions are inconsistent with tshe terms and conditions of the authorization. Correction of errors shalt be made retroactively Eo the date the error was made or to the previous audiE period, whichever is more recent, vith past fees adjusted aecordingly. Changes effected by agensy policy including definition of assets incfuded in GFA, shall only be made prospectively' 1. InteresE and Penalties. 1- purEuant to 31 USC 371? and 7 CFR Part 3, Strbpart B, or eubsegueot cha.nges thereto, interest shall be charged on any fee not paid by the date the fee or fee calculation financial statements specified in this permit was &re. 2. Int,ereEt shall be assessed using the higher of (1) Ehe moEt current rate preBcribed by the United StateB Department of tshe TreaEury Financial Manual (TEII-5-8025-40), or (2) the prompt pa)rnent rate preacribed by the gnited States Department of the TreaEury under section LZ of the Contract Disputea Act of 1978 (41 USC 611) - Interest 6ha11 accrue from the date the fee or fee calculation financial BtaEement is due. In the event tbe accouDt becqnes delinquent, adsrini6trative coEtE to cover proce6Eing and handling of the delinquent debt may be aBsessed- 3. A penalty of 5 percent Per year Eha11 be aseesEed on any fee over&re in excege of 90 days, and shall accrue from the due date of the firet billing or the date the fee calculation financial Etatement was due. The penalty is in addition to intereEt al}d any other chargea specified in item 2- 14 4. Delinquent fees and other chargeE shal1 be subject to all the r-1ghts and remeCies afforCea the Unrted Scates pursuant'"o federal l-au anC implementing reg:ulations . (31 U- S. e. 3?11. et seq. ) . .J. Noi-rpavment. Failure of the hclCer to make timely pavments, pay intserest charges or arry other charges when due, constitutes breach and shail be grounds for termination of this au-'horizat.ion. Thi: pennit terminates for nonpayment of any monies owed the united States when more than 90 days in arrears. K. Access to Records. For the purpose of administering this permit (including ascert,aining that. fees paid were correct and evaluating the propriety of the fee base), the holder agrees to make all of the accounting books and supporting records to the business activities, as well as those of sublessees operating within the authority of this permit, availabl.e for analysis by gualified representatives of the Forest Service or other Federal agencies authorized to review the Forest Service act.ivities. Rewiew of accounting booke and Bupporting records sha1l be made at dates convenient to the holder and revieurerE. Financial informatsion so obtained shalI be treated as confidenti.at ae provided in regtrlations issued by the Secretsary of AgricuLture. The holder shaLl retain the above records and keep them available for review for 5 years after the end of the year involved, unlees disposition is oEherwise approved by the authorized officer in writing. t. Accountinq Records. The holder ehall follow Generally AccepEed Accounting Principl-es or Other Conrpreheneive Bases of Accounting acceptable to the Forest Service in recording financial transactions and in reporEing results to the authorized officer. I{tren requested by the authorized officer, the holder at own ercpense, Ehall have the annual accounEing reporta audited or prepared by a licensed independent accountant acceptable to the Forest Service. The hofder shaI1 require subleesees to conpLy with the6e Eane requirementg. T'he minimum acceptable accounting system shaIl include: 1. SyEtematic internal controls and recording by kj-nd of business tshe gros6 receipts derived frc,nr aLl Eources of business conducted under this permit. Receipts ehould be recorded daiLy and, if possible, deposited into a bank account sithout reduction by disburaementE. Receipt entr:'* shall be supported by source documente such as cash-register tapes, 6E*: invoices, rental recorcis, and caBh accountE from other Eources. 2. A permanent record of investments in faeilities (depreciation schedule), arrd current source documents for acquisition coatE of capital items. 3- Preparation a.tld maintsenance of euctr special records and accounta as may be specified by the authorized officer. \rII, TR,NVSFER AIiID SAI.E. A. Subleasinq- The holder may sublease the use of land and improvemengs covered under thie permiE, and the operation of concessions and facilities auEhorized upon prior writEen noEice to the autshorized officer. 15 The Forest Service reserves the right to digapprove subleaEees ' In any circ'lrmsiance, only trhose faciiit:.es and aciivj.t:'es auihcrizeC b1' thi's permit may be supplied. The holder shall continue to be re6ponsi-ble for corq)liance with all conditions of this permit by perEion6 to whom such prernises ma1'be sublet" The hoLder mav not sublease direct management responsibility without. prior written approval by the authori-zed offrcer ' B. Notification of Sale.The holder shall immediately notify the and transfer of ownership of the permittedauthorized officer when a eale improvements is pianned. C. Diwestiture of Owrrershio. Upon change in ownership of the facilit.les authorized by this permit, the rights granted uncier this authorization may be transferred to the new ovrrrer upon application to and approval by the authorized officer. lhe new owner muats qualify and agree to corq)1y with, and be bound by the terms and conditions of the authoriza- tion. In granging aPProval, the authorized officer may modify the t,ermE, conditions, and special Btsipulatione to reffect any new requirements imposed by current Federal and Etate land use pIans, laws, regu)-ations or oEher tnanagement, decisions. VIII. TER! TNATION. A. Termination for Hiqher Public Purpose. If, during the term of thie perurit or €rny extension Ehereof, the Secretary of Agriculture or any official of the Forest Serrrice acting by or under his or her authority shall determine by his or her planning for the uses of the Nati.ona1 Foreat, that the pr:b1ic interest requiree termination of ttris permit, thi6 permit ehal1 te::rrinate upon one hundred-eightsy (180) day's written notice to Ehe holder of such determination, and the United Stateg shall have the right thereupon, subject to Congre8Eional authorization and appropriation, to purchaEe the holder,s improvement6, to remove them, or to require the holder to remove them, at the option of the United Stsat,es. The United States shall be obligated to pay an equitable conEideraCion for the improvements or for removal of the improvement6 and damages to the improvements resulting from their rernoval. The amount of the conEideration shall be fixed by mutual agreenent, between Ehe United St,ates and the holder and shall be accepted by the holder in fuII satisfaction of alL claims against the United Statea under thiE clauae: Provided, that if mutual agreement is not reached, the Foreat Service shaIl determine ttre amount, and if the holder is diEsatisfied with the anount thus determined to be due him may appeal the deterBination in accordance with the Appeal Regulations, and Ehe anount as detennined on alrpeal shalf be final and concluBive on the parEiee hereto; Provided further, that uPon the Payment tso the holder of ?5t of the a.uror:pt fixed by the Forest Service, the right of the United StaEeE to remove or reguire the removal of the iurprovements shal1 not be stayed pending the final decision on appeal. 15 B. &rmination. Revocation ar-rd Suspension. The authorized officer may suspenC, revo);e, or cerminate this perrr,it f or (1) noncompliarrce 'richapplicable statutes, regrrlations, or tertns and conditions of the authorization; (21 for falLure of the holder to exercise tshe rights and prJ.r.i.J.eges granted; (3) with the consent of the horCe:"; or (4) when, by its terms, a fixed agreed upon condition, event, or time occurs. Prior to suspension, revocation, or terminatio:-r, the authorized cfficer sha1l give t.he holder written notice of the grounds for such action a-nd reasonable time to correct cureable noncompliance. IX. RENEWAL. A. Renewal. The authorized use may be renewed. Renewal requires the following conditions: (1) the land use allocation is conpatibte with the Forest Land and Resource Management P1an,' (2) the site is being used for the purposes previously authorized and,' (3) the enterprise is being continually operated and maintained in accordance with all the provisions of the pe::urit. In making a renewal, the authorized officer may modify the term6, conditions, and special stipulations. x-RIG}ilS At{D RESPONSIBTIJTTIES UPON TERMINATION OR NONRENEWAT. A. Removal of Improvements- Except as provided in Clause VIII. A, upon termination or revoeation of this special use permit by the Forest Service, the holder shall remove within a reasonable time as established by the authorized officer, the structurea and improvements, and shall reetore Ehe site to a condition satisfactory to the authorized offieer, r.rnless otherwiEe waiwed in writing or in the authorization. If the holder fails to remove the struetures or improvementa within a reasonable period, as determined by the authorized officer, they sha11 become the property of the United states without. cornpensat,ion to the hoLder, but that Ehall not relieve tshe holder's liability for the removal and Bite restoration costs. XI. MISCEII,A}IEOUS PRO1rISIONS. A. Members of Concrress. No ldember of Reeident Conrnissioner shaI1 be admitted to ag:reement or to any benefit that may arise a eorporation for its generaL benefit- or Delegate tso Congreee, or any share or part of thie herefrom unleee it ie made with B- Inepection, Forest Senrice. The Foregt. Sernrice eha1l monitor the holder'B operations and reaenres the right to inepeets the permitted facilities and irprovements at any time for cmpliance with the tersle of this permit. Inspections b'y the tr'orest Serrrice do not reliewe the holder of responeibilitiea under other telina of this permit. C. Requlatinq ServiceE and Ratee. Ttre Foregt Service shall have the authority to check and regulate the adeguacy and t)pe of senrices provided the pr:blic and to require that such servicee eonform to Batisfactory st,andards. Ttre hol-der may be required to furnish a schedule of prices for t? sa1e6 and services authorized by the permit. Such prices and services may be reguia-red by the Fores-, Ser!'ice: PrcvrCed., ihat tlre hclder shal1 not be reqgired to charge prices signrifieantly different than chose chargecl by comparable or competing enterprises. D. Adwertisinq. The holder, in advertsrsemen.s, slgfls, crrcuiars, broChu:-es, letterheaOs, and like materials, as well as ora1ly, Shal1 not misrepresent in arty uray either the accorrnodations prowided, the status of the permit, or the area covered by it or the vicinity. The fact that the permitteo area is located on t,he National Forest shal1 be made readaly apparent. in a1I of t,he holder's brochures and print advertising regar-ding use and management of the area and facilities under permit. E. Bondinq. Ttte authorized officer may require the holder to furnish a bond or other securj.Ey tso Eecure all or any of the obligations imposed by the lerms of the authorizatsion or any applicable 1aw, regnrlation, or order' Bonds. Performance. Use the following text, uhen bonding is cal1ed for: As a further giuarantee of the faithful performance of the provisions of term6 and condi.tions when applicable of this permit, the holder agrees to deliver and maintain a aurety bond or other acceptable security in the amounts of when aoplica.ble Should the sureties or the bonde delivered under this pe::urit becone Lrn6atisfactory to tshe Forest Service, the holder shal], within thirty (30) days of demald, furnish a new bond with surety, solvenE and satisfactory to the Forest Service. In lieu of a surety bond, the holder may deposit into a Federal depository, as directed by the Fore8t Service, and maintain therein, cash in the anounta provided for a.bove, or negotiatrle securities of the United StateE hawing a market value at the time of deposit of not less than the doLlar amounta prowided abowe. Ttre holder'B surety bond sha11 be released, or deposite in lieu of a bond, shall be returned thirty (30) days after certification by the ForeEt Senrice that priority instaflations under the development plan are couplete, and upon furniehing by the holder of Proof satisfactory Eo the Foregt Service that all claine for labor and material on Eaid instal'lations have been paid or released and satisfied. Itre holder agrees that all moneyg deposited under thia permit may, upon failure on his or her part to fulfiII a1I and singular Ehe requirements herein set forth or made a part hereof, be retained by the lrnited States tso be applied to satisfy obligationg aEBumed herer.rnder, without prejudice whatever to any rights and remedies of the United stateE.prior to undertaking additional conEtruction or alteration rrork not provided for in the above tserms and conditions or when the improvementE are to be rernowed a:rd the area reetored, the holder ehaI1 deliver and maintain a Burety bond in an anount Bet ry t,he ForeEE Seruice, which amount shall aot be in exceee of Ehe estimated lose which the Goveronent would euffer upoD default in performance of this work. F. I{ater Riqhte. Ttris authorization conferE no right.s tso the uee of vater by the holder. Such rights muet be acquired under State law. A11 water rights acquired or claimed by the holder during the term of this r.8 permit which invclve diversion of water direetly from National Forest S]'s-,ern Iani.s, to the extenE the same are appiied co beneficiaf uses cil National Forest System lands authorized under this permit, shalL be acquj-red by the holder and transferred to t.he United States. Such trarsacticns are subjeet. tc the pennit holder,s right of use. G. Current Addresses- The hoLder anC *-he !'orest Servrce sha1l keep each informed of surrent mailing addresses including those necessary for billing and payment of fees. Identification of Holder. Identification of the holder shal1 sufficient Eo that the Foreat Service shal1 know the true identity entity- H. remain of the Corlporation Status Notif ication : 1- rhe holder shall notify the auEhorized officer within fifteen (15) days of the following changes: a. Names of officers appointed or terminated. b. Nanes of stockholders who acquire Etock shares causing their ownership to exceed 50 percent of sharee issued or otherwise acquired, reeulting in gaining control)-ing interest in the corporation. 2- The holder shaII furnish the authorized officer: a. -A copy of the articles of incorporation and bylaws. b. lln authenticated copy of a reaolution of the board of directors Epecifically authorizing a certain individual or individuals to represent the holder in dealing with the Forest Service. c- e list of officerE and directors of the corporation and their addresses. d. Upon request, a certified list of stockholders and amount of stoek owned brlr each. e. The authorized officer may require.the holder to furnish additional information aE set forth in 35 CFR 251.54(e) (1) (iv). Partnership Status Notification: Ttre holder shall uotify the authorized officer within fifteen (15) days of the follouing ctranges. Nanes of the individuals involved shal1 be included uith the notificat,ion. 1- Partnership makeup changes due to death, withdrawal, or addition of a partner. 2- Party or parties aesigxred financed interest in the partnership by existing parEner(s). 3. Terminat.ion, reformation, or revieion of tfre partnership agreement. 4. The aeguisition of partnership intereat, either through purchase of an interest from an existing partner or partners, or contribution of assets, that exceeds 50 percent of the partnerahip permanent investment. I. Arctraeoloqical-Pa1eontoloqical DiEcoveries.'fhe holder shalI irnsrediately notify the authorized officer of any and all antiquiEies or other objects of historic or scientific interest. Iheee include, but are not limit.ed to, historic or prehistoric :rrins, foseile, or artifacts discovered ae the reault of operations under this permit, and sha1l leave 19 6uch discoveries intact until authorized to proceed by the authorized officer. Protectiwe and mitigative measures specified by rhe auE.ho!'ized officer sha11 be the responsibi.lity of the permtt hoider. 'J. ProEectjon of HqbiEat of Endanqered. Threatened. and Senslt:'ve Specres. Location of areas needing special measu=es for protection of pla::--s or animals listed as threatened or endarigered under the Endangered Species Act (EsA) of 1973, aE amended, or listed as sensitive by the Regional Forester under authority of FSM 267A, derived from ESA Seciion 7 consullation, may be shown on a separate map, hereby made a part of this permit, oridentified on the ground. Protective and mitigatiwe measures specifred by the authorized officer shall be the responsibility of the permit holder.If protect.ion measures prove inadeguate, if other such areas are discovered, or if new species are listed as Federalty threatened or endangered or as sensitive by the Regional Forester, the authorized offi.cer may specify additional protection regardless of when such facts become known- Discovery of such area6 by either party shall be prompt.ry reported to the other party. K- Superior Clauses. In the ewent of any conflict between any of the preceding printed clauses or any provision thereof, artd any of thefollowing clauses or any provision thereof, the preceding clauses sha1l control. L. Superseded Pernit. This permit replacea a special use permit issued to: Ski Sun1ioht. Inc .on t'{av 17 ,L966.(Holder Nane)(Date) !l- DisDutes. Appeal of any provisions of this authorizatsion or any reguireurents thereof eha11 be subject to the appeal reg:ulationa at 36 CFR 251, subpart c, or revisions thereto. ?he procedures for these appeals areset forttr in 35 CFR 251. published in the Federal Register at 54 FR 3352, ifarruary 23, L989 . Public reporting burden for this collection of information is estimatedto average 12 hour6 per reEponse, including the time for reviewinginstructions, Bearching existing data Eource6, gathering and maintaining the data needed, and co,spleting and reviewing the collection ofinformation. Send comenta regarding this burden estimate or any other aspect of this collection of informat,ion, including suggestions for reducing this burden, to DeparEnent of Agriculture, clearance officer, OIRM, Roon 404-w, I{ashington D-C.20250; and to the Office of Management and Budget, Paperrork Reduct.ion Project (oMB * 0596-0103), washington, D.c. 20503. 20 September 9, 1992 Er ic Martin U. S. Forest ServiceP.O. Box 948 Glenvood Springs, CO Bl-G02 Dear Eric: In my letter of 8/24/92, I sent a copy of our G.F.A.report. The G.F.A.1isted was $2,931,333.?2. This is thecorrect amount of our Gross Fixed Assets for property, prantand equipment. Hovever r overrooked the value ol th;'private land ouned by ski sunlight. This rand is valued onour books at 921-8,318. The correct G.F.A. f or our 40 yearpermit should be $3r l4g ,65l-.77. r have enclosed the balance sheet from our auditortsreport for the l99L/92 ski season as backup. r am sorry forthis oversight, prease contact me vith any guestions. S incere Iy, Sq c y-9-+ Thomas C. Jankovsky General Manager enc 1 osur e c. Xevin Riordan 10901 RD 117 . GLENWOOD SPBINGS, CO Bt601 e (303) 945-7491 . TOLL FBEE 1-800-445"7931 sKI SUNUGHT, lNC. BAI-ANCE SHEETS APRTL 30, 199i1 AND 1991 ^f,ssETs C{'RRENT ISSETS Cash -Acaounts - receLvable .(Note- 2) --'="1- - Receivable from-corporate -of-ficer ([ote 6) Inventorles (Note 1) Piepaid erq)enses.- I.repalq. exPEIrseE'- Inc-one.taxLs receLvable (Note {t : .-- t-,-, TOTAL CUNRENT ASSETS PROPERTI, PIAlgf N{D EQUXPDTENT (Note 1, 2' and 3) Buildings and inProveuentsski llfts anrd traL1s VehicleE and egriprnentnrrniture and flxtures Rental equlpnent Ieasetrold- inproveuente (Note l) Iess accunulated depreciation .-Iand and rater rights NET PROPERrryTJrrNf., Al{D EQUTPIIE:IIT L992 8 1287 28,105 79,26L 38r 553 33 ,446 2L,253 15 r 893 72,862 7O r'l90 L54.2L7 zLA.244 893, 301 l1357 rL52 363 r 843 LOLrLTz 251r695 20 -433 2 r99O 1996 tL.757.4841 L1233 151,2 218. 318 1.451.830 822 1973 1, 302 , 888 33LrL22 83 ,800 229 1232 20. 833 2 r790 1848 t7.138.28e1 LrO52 1559 218.318 J-219,-giJ- orHER-rDSStnSUtillty and'6,iftr1.pnent deposlte --'--:---.; - -- Inveetlente (Note 1) Rbcelvable fron etockbolder (Notc 6) AMAIJ GIIIEER ASSETS IITOTAL ASSEES The acconpanying notes are an lnteqrral part of -...--.-- 9 r27O 10236 16,615 30.121 s.L53-6-lr€g sr-JE.5;IZt tlrese stateuents. .}l 'ol .rl .1., "), 'u . o :l ) 'l fn.&r10 t{t.ooUrtr4..-.i.ta ,l.fiL.Dt ,t,$F ra.,iruE tl.'S!F ta.?^arEt 59'93i::gl ytBce?t rart aY\ot 0ct' r0'Etlsll fit.A gTltflA rllt.i itl.lt er.faSarrt Grc - -dt* ,-i ,Ir.a d-?r'tLLt\LL' !ir. -* a.a TrJ4r,tL'eE€'te6'z o; 'j fF.:;e,,| -- iti.i (9.:{!? E .Ari E.?rili ,iE= e!.0 e0,0 g?lel ?:A ; 0s'ls0!! _ trTlgt .. t8.glct to,gtcg! gage $,0 ..00.0 gT9a3 :a' ! - cg'?cus! It'!ce, ti'wn s.'ic!6gl EzreE .c,g oo.0 rt.3?strs ?r' : gr'ziss H'ges rg'oes ;{r#' ii*rr, 00.0 $.s es.sesrr s-o ' fi,ffi.. i:& *:e iffi,,-'jH $l '-$i3, iltr, E' &..';ii $'rsr?t g'rgrgt ' a.gt*f " eI-t{[?r ec,! , !3? . ,., grr!e$! ..s!,; iyr:r3rs s'r.,!r' ?s'*rtr i-e?iHi Earssc ec? , e.0- es-Gxl:r na' $.f:::T f:g . sersb: rc.r= E--,;;i.,e, o{ $.0 r?.rere?,' 2..* .,*.i 0c.6n _ ,0c.9x39. _ Ig.n['lt . gcTl!.E . o.0.. gg? -. _ ge.tIlIS Z,\ -'---.- wt ' -L-iL",i;v ' wg Htg! rqt Es Eg sri,j--Etct ?l!tj.-_.$s! - -=E€ gat- =eg!? gi - g$$att nt' ;''..;r l'ElE u*E uolgg ' -- /lgl srgg ?t!t 'cu ltenB !3Er:slrE]l.t!!- o e ll 3 j- 6gd ., a- -EE sggls . . srSu ute:g gm fi ?g r3 uu t, i =lJ E/t! I S!. tyoet =e{E! 3rlr.!:g4!g.t5!u "g gg:!E X3 ' '.:".r sluauaaordg ploq:""*1 Eioru.o(t ]g;7"ig1rOZ)sre?ua-r doqg umluaoc (gz.zgg.gg) gr's66'066'z ,ut.rt ,yt.^ ooic (@ United States Departnrcnt of Agriculture F orcst Service White River National Forcst Supervisor's Olfice 900 Grand Avenue P.O. Box 94E Glcnrvood Spgs., CO 81602-094E (970) 945-2521 ]"rY (970) 945-325s FAX (970) 94s-3266 I.'ite Code: 2720-Z-llZ300 Date: May 9,2002 Mr. Tom Jankovsky Sunlight Mountain Resoft 10901 County Road l17 Glenwood Springs, CO 81601 Dear Mr. Jankovsky: Enclosed is a fully executed amendment to your Term Special Use Permit for Sunlight Mountain Ski Area. This amendment officially converts the payment method from the old Graduated Rate Fee System (GRFS) to the new skiFee Method. If you have any questions, please call Annette Parker of this office a;t970-945-3215. Thank you. Sincerely, Enclosure cc: Bill Westbrook, Erik J Martin {iCaring for the Land and Serving People Printod fi Rocycl8d Paper %ra Forest Supervisor Aut-hori-z:rt.ion fD Contact lll: Use Cocle : sotr407601 .SUNLIGHT_},']]N -r 61 Page 1 of 6 r:j-:.1 70rJ-.j j t,1 /\)") )(iMB No. 0596-()()ft:l I'his amendment is attached to and madeauthorization (indicated above) issued0L/29/L993 which is hereby amended as SAPF (.015 x AGR in AMENDMENT FOR SPECTAL USE AUTHORIZATION AIIIEIIDMEUT NUMBER: 1 a part of the special Co SUNI.fGHT MOUNTAINfollows: bracket l, ) bracket 3) U, S 1.0275 x AGR in DEPARTMENT OP AGRTCULTURE Irorest Service use RESORT on :il:::.:aauses A - H of secrio, ,,vr FEE', an. reptace wirh Ehe followins A-9. Ski Area permit Fees- The F.rest service shal1 adjust. andcalculate permit fees authorized by t.his permiE. Lo refr-ect any revisionsLo permit fee provisions in r-G u.s.c. 49?c or to comply wiEh any new permitfee system based on fair market, varue Ehat nay be adopted by statuEe orotherwise after issuance of this permiE A. Fee Calculation. The annual fee due the united staEes for theacrivities authorized by this permic shall u" ciicrrrated using thefollowing formula: + (.025 x AGR in bracket 2) + + (.04 x AGR in bracket 4) Wtrere: AGR ACR LT GRAF Proration t .SAPF ca 1S 1S [ (r,f + SS) x (proration t) ] + GRAF adjusEed gross revenue.. revenue from sales .of alpine and nordic lift tickeLs andpasses; q{ross year-round revenue from ancillary facilities; the factor Lo apportion revenue attribuCable to use ofNational Forest. System lands; fl:-.nr_::ea perrnir fee for use of Narionerl Foresc sysremranqs; and revenue from-.alpine and nordic ski school operaf.ions. L. :jAIrl:' stralr be ca.l.culacec1 by sununirrg L.l:e results of multipl.yi-ng tl:e .i.rrc1ic-'aLecl perc:elrLnge rates by t:he alnoutlL oI t.he ho1c1er,s adjus;tecl _qrossrevenue (AGR) . which f alls int.o each of the f our bracket.s. Fo110wclirectiorr itr p.rragraph 2 Eo <letermine AGR. The perrnit f ee slrnll becalculai:ed basecl on l-he holder,.s fiscal year, unless mutuarly .egreedol-Irerwise by Ehe holcler ancl the authorizecl of f icer. The four revenue brackets sharl be adjusEed annually by the consumelp::ice index issued in FSH 2709.LL, chapt.er 30. The revenue brackec.s:;l:all l:e indexed for E.he previous caletrdar year. .Ihe holder,s AGR for.rny fiscal year shall not be split into more fhan one set of inclexedbrackets. only che levels of AGR defined in each bracket are upclatedar-lnua11y. The percentag:e rates do not change. 'rhe revenue brackeEs and percentages displayed in Exhibit 01 shalr beused as shown in the preceding formula to calculate t.he permit fee. Exhibit 0l- Adjusted Gross Revenue (AGR) Brackets and Associated percentage Ratesfor Use in Determining Ski Area permit Fee (SAPF) Rewenue Brackets (updated annually by cpr*) and percentage Rates Ilol-der FY FY 1996 CPI: N/A FY 1,997 CPT: 1.030 FY 1"998 CPI: L.o22 FY 1"999 CPI: L .01,7 r'" 2000 crnd beyond Bracket 1 il-. sr) A11 revenue below s3, 000, 000 A11 rewenue below $3,090,000 A11 revenue below $3, 1sB, 000 Al1 revenue helow s3 , 212, 000 Bracket 2 (2.s2) Brackec 3 (2.'tsz)Bracket 4 ( 4*',l A11 revenue over $s0.000,000 A11 revenue over ss1, s00,000 All revenue over s52,633,000 AII revenue over $s3, 528, 000 $ 3,000,000 $1s,ooo,ooo!o to <$1-5, 000, 000 s5O, OO0, OOO $ 3,090,000 g1s,4so, oooto to <$15, 450, 000 s5t-, 5OO, OOO $ 3 , 158, 000 s15, 790,to to <$1-5, 790. 0oo s52 ,633 , 000 o00 $ 3 , 212, 000 $16, 058, OOOto to <$r.6, 0sB, 000 $53 , 52S, OOO BRACKETS WTLL BE UPDATED ANNUALLY BY CPT* *The aut.horized of ficer sha]r notify the horder of thebrackets based on t.he consumer price rndex (cpr) whichis.sue<l annually in FSII 2"lOg.1.1_, chapt-e:: 30. updated revenue is revised and AGR ;;hal. l. be calcularecl by srrrunl'g the revenue from li,f t_tickeus and ski 'school o;:erations prorate6 for use of N,Lional, l-oresE)-ystenr I'ar:ils and frorn trrtcillary facility operations concluc.tecl or: NationalForest SysL.ern 1ands. llevenue i,clusion.s shar-r be income from sales of arpine and nordicticke.s a,d ski area passes; alpine and nordic ski school operations;grross revenue from ancillary facilities; the value of bartered goods andcomplimentary lift tickets (such as lift tickets provided free Jf chargeto t.he hoLder,s friends or relatives); and special event. revenue. Discriminatory pricing, a rat.e based so1e1y on race, color, religion,sex, naE.ionar origin, age, disability, or place of resiclence, is .otalIowed, but if it occurs, inclucle the amount that wourd have beenreceiwed had t.he discriminatory pricing transacti-on been made at thenrarket price, the price generarry availabre Eo an informed public.excludj"ng special promot.ions . Revenue exclusions sharl be income from sar_es of operating eguipment;refunds; renL paid to the holder by subholders; "pl.r"o. "t"a;i;;;ior,. "ospecial evenEs,' any amount attributable Eo employle gratuities oremployee lift Eickets; discounLs; ski area tick"i" or passes provided fora public safeEy or pubLic service purpose (such as for Nat,ionat skiPatrol or for vorunteers Eo assist on the slope in the special orympics);and other goods or services (except for barteied goods and complimentarylift tickeCs) for which the holder cloes not receiv. money. fnclude the following in AGR: a. Revenue frorn sares of year-round alpine ancr nordic ski area passesand tickets and revenue from alpine and nordic ski schoo:- ope..tionsprorated according to the percentage of use between National ForestSystem lands and private land in the ski area; b. Gross year-round revenue from temporary and permanent ancilraryfacilities located on Nat,ional Forest System lands; c. The walue of bartered goods and complimentary lifE. tickets, whichare goods, servj-ces, or privileges that are not ivailable to the qeneralpublic (except for ernployee grat.uiEies, employee rift tickets, ..idiscounts, and except for ski area tickets ani passes provided for apublic safetv or public service purpose) and that are donated or providedwithout charge in exchangre for something of value to organizatj_ons orindividuals (for example, ski area product discounts, service discoun.s,or lif t Lickets that are provicled free.of cl-rarge in exchange foradverLi.sing) . Bartered goods and comprimentary rift tickets (except for e*ployeegratuj-ties, employee 1ift. tickets, discounts, and except for ski areatickets and passes providr:d for a public safety or publi.c servicepurpose) valued at market price sha11 be included in the AGR formula asrevenue under L'r, ss. or GRAF, clepending o' the type of goods, services,or priwileges dotraLed or bart.erecl; and (i . s1:ecial event revenue from events. $uch as food fest.ivaL.s, footraces, ,,rtrcl col.IcerLs. .Special evr:rrt rev(jnue sh.rl"1 be inc,l,ucler-l in the AGRformula as revenlle under LT, ,SS, or GRAF, as .-rpplica'rble. prorate rei./enueaccording to the percenEage of r:se between National Irorest System lapclsancl 1>rivace larrd as described ir-r Ehe torrowing paragraphs 5 and 6. l. L'I is Lhe revenue frottt sal-es of alpine ancl norclic lrf cr-ickets ancl passes purchased for Lhe purpose of r.rsing a ski area rlur.i,gany time of tile year, including revenue that j.s generatecl c,n privaLe L;:rnd(such as trom tickets sold on private land). 4- SS is t.he revenue from lessons providecl to teach .rlpine ornordic skiing or other winLer sports activities, such as racir-,g,snowboardJ-ng, or snowshoeing, including revenue thaI is g",neratecl or:private land (such as from t.ickets sord on private lanci) . 5 - Proration I i-s the method used to prorate revenue from Ehesale of ski area passes and lift tickets and revenue from ski schooloperations between National Forest System lauds ancl.private land in theski area. separately prorate alpine and nordic revenue with anappropriate proration factor. Add prorated revenues together; then sumthem vrith GRAF to arrive at AGR. use one or both of the followingmeEhods, as appropriate: a, srFP sha1l be the meLhod used Eo proraEe alpine revenue. ,lhe STFpdirection conLained in FSM 27L5.11c effective in 1992 shal] be used.Include in the calculat.ion only uphill devices (1ifts. to,rrs, andtramways) that are fundamental to Lhe winter sports operation (usuallyChose locaLed on both Federal ancl prj_vate land). Do not include peoplemo\'ers whose primary purpose i.s to shut.tte people between parking areasor between parkingr areas and lodges and offices. b' Nordic Lrail length is the meLhod used to prorate nordic r€jvenue.Use the percentage of trail lengLh on National Forest syst.em 1ands t_ototal trail length. 6. GRAF is the revenue from ancillary facilities, including arlof Ehe holder's or subholder's lodging, food service, rental shops,parking, and other ancillary operations locaEed on National rorest sysgemlands- Do not include revenue that is generated on private land. Forfacilities that are partially locaLed on National Forest sysE.em lands,calculate the ratio of the facility square footage located on Nati-onalForest system lands to the total facility square footagre. specicrl eventrevenue allocatable to GRAF shall be proratecl by the ratio of use onNational Forest Syst.em lands to the tofal use. 7. rn cases when the hor-der has ,o AGR for a given fiscal year,tire holder. shall pay a permit fee of $2 per acre for Nat.ional Forestsystem lands under permit or a percentagre of the appraised. value ofNational Forest system lancls u.der perrnit, at the discretion of theauthorized officer. B. Fee Payntents, Reports and deposj,Es shall bewith the fo).1owing sjrjhedule. They shall l)e sentcoLlection officer, USDA, Foresf Service. at theauthor.ized of f icer. Checks or rnolley orders shallIJSDA, Fores t- Sr: r:vi ce _ t.errclered in accorclance or delivererf io the address furnished by the be made ;:ayablr: to: 4 1" 'l'lre l-rolcler shaLr calcuraLe anc.l submit an adv<rr:ce p.ryrr€r,twhi.clr is clr-re I;y the l:eclitrning of the holrler,s payrnent rjycle. ,1,5c atlva,rr::rrr)a-yrn(?nr slral-1 eQlrclr 20 percent of t.he holder,s average pernrit fL?e tor Jopel:iting YOtlrs, when av.rilable. when pasc permit fee inf ormation j.s notavailabre, the advattce palanent sha11 ec1ual 2b percent of t5e pe'niL fee.based on the prior holder's average fee or pro]ectect AGR. For ski areasnot- expe(:ted to generaLe AGR for a given p,ryrn.-.rt. cyc1e, aclvance paymentof the perrnit fee as calculated in item n, faraglraplr 7 (SZ per acre forNational Forest.system lands under permit oi * ["r""nt.age of theappraised walue of National F.rest sysLem lancls uncrer permit, aL thediscretion of the authorizecl officer) sha.L1 be rnade. The advance pa)ment.'s,a1r be credited (iLern B, paraqrraph 3) toward the t.ota, ski area permitfee for the payNent cycle- 2 ' The holder shal1 report sales, calculate fees due based on atentative percentage raLe. and make interim payments each calendarIMONTH, 'UAR,ER, or 'EARI, except for periods in wtrich no sales t.akeprace and the holder has notified the authorized officer t.haE t.heoperation has ent.ered a seasonal shut.down for a specific period. Reportsand payments shall be made by the end of the month following t.he end ofeach reportable period. Interim pa)rmenEs sha1l be credited (item B,paragraph 3 ) toward .he total ski area permit fee for .he payment cycle. 3' within g0 days after Lhe crose of the ski area,s pa).mentcyc1e, the horder shaI1 provide a financial statement, i.ncluding acomplet,ed perrnit fee information form, Fosn FS_2?00_l-9a, representingfthe ski area's fj.nancial condition at Lhe close of iLs businlss f..r.raan annual operatingr statement reporting the results of operations, includinga fj-na1 pa]4nent whj-ch includes year-end adjustments for the holder and eachsubholder for the same peri-od. Any balance that, exists may be creditsed andapplied against the nexE pal.ment due or refunded. at the discretion of thepermit holder. 4. within 30 days of receipt of a statement. from the Forestservice, the holder sha11 make any additional payment. reguired to ensurethac the correct ski area permit fee i-s paid flr the past year,soperation. 5. parrments sha11 be credited on the daEe received by thedesignated collection officer. rf the due date for the fee or feecalculat.ion financj_a1 stat.ement falls on a non_workday, Ehe charges sha11not accrue until the c10se of business on the next workday. 6. Al-1 pe,nit fee calculations and records of sales are subjectto review or periodic audit. as determiriect ny the authorized officer.Errors in calculati-o' or pa)rment shalI be corrected as needed forconformance with t.hose reviews or audits. rr-r accorcfance with thernterest. and penalt.ies clause contained in t.his authorization, inc.erestand penart.i-es shalr be assessed on acrdit.ionar fees due as a result, ofreviews or audits. 7 . Correct-j.on of errors irrclude.s any action rrecess..try to c:a1culate t:he holcler's sal-es or $Iope transport fee percentacre or.. to make any otl-rer cleterminaLj-on required to calculate perrnit f ees accurately. I.'or fee calculaLion purposes, an error nray inclucle: a - Misreporti-ng or rnisrepresenLation of amour-rts; b. Arithrnetic mistakes; c . Tlpographic utistakes; or d. Varj-at.ion from generally accepted accounting principles (GIJ,P), when such variations are inconsistent wiLh the tserms of Lhis permit.. Correction of errors shall be made retroactively to the date the error was made or to the previous audi-t period, whichever is rnore recenE, and past fees shal1 be adjusted accordingly. This Amendment is accepted subject toconditions N,/A to N/A att.rched Amendment. the conditions seL forth herein, and tohereto and made a part of this Holder: I;lolder: Date: Title: Forest Supervisor Date: Authorized Offic AaHST.f Urritctl States Forest White River h%/ fflilll'il" service il[',' Supcrvisor's OIfice 900 Graud Avenuc l'.O. llox 94E Glenryood Spgs., CO 8L6(12-0948 (970)94s-2521 I'TY (970) 945.325s I"AX (970) 945-3266 File Code: 2720_Z_I D$te: flugust24,2OA4 Tom Jankovsky Sunlight Mountain Resolt 10901 I 17 Road Glenwood Springs, CO 81601. Dear Mr. Jankovsky: Enclosed is a fully executed copy of Amendment Number 2 to your Term Ski Area Special Use Permit, which lcmoves the old permit boundary map dated December 18, 1991, and rlplaces it with a new map prepared by Erik J, Martin on June ll,Z00Z, If you have any questions, please call Arthur Bauer of this office at97}-945-3261. Thank you. Sincerely, clrr- & , DON G. CARROLL ../u_ _jctin g Forest S upelvi sor ' cc: Arthur Bauer, Jim Stark AP/ap Caring for the Land and Serving Pcopte Pnnt€d m Rscycred paper {i AuchorizaEion fD: SOp4076O1Contact fD: SUNLIGHT MTNUse Code: 161 This AmendmenE. isand t,o condiEionsEhis Arnendment - Paqe 1 of IFS-2700-23 (4/9-7) OMB No. 0595-0082 U, S. DEPARTMENT OF AGRTCULTUREForest Service AMENDMENT FOR SPECIAL USE AUTHORIZATION AI'IENDMENT NUMBER: 2 This amendment is aEtached t,o and made a part of the special useauE'horization(indicated,auovei--is"}:d..9]@o' 01/29/L993 which is hereby amendeo as follows: This amendment removes the ord map datad Dccember ig, {ggr, and reptacesit wlth a now map coyering 2r39o acrer, prepared by Errk J. Martin onJune 11r 2OO2. accepted subjecE to the cond,itions seE forEh herein,N/A tso N/A att,ached frereto and made a part of Dare: */rg/o-l DaLe: _________ az I !';; H lr' ,l tl li'. I ;"! -s\ J '([-' brf,** '-hl($ 'rgr'i., .1., :: Ji -" -\ ,{i i hF#.ffi ri ii) !;$ 't.:I ,: rl I t,t t I l1 liL'iii I {t! . .:r*_t=-- S- i' A*' I l, I ,t < PermitBoundary KA NoN+rF 1''-".. .)r,iill h , ..,i '-.fiq., /@.\ United States €t+/-}} Department ofW Agriculture Forest Service White River National .t'orest Supervisor's Office 900 Grand Avenue P.0. Box 948 Glenrvood Spgs., CO 81602-0948 (970) 945-2s21 TTY (970) 94s-325s FAX (970) 945-3266 File Code: 272O-2_l Date: f,ugust 18,2004 Tom Jankovskl, Sunlight Mountain Resort 10901 County Road 117 Glenwood Springs, CO 81601 Dear Mr. Jankovsky: Enclosed is your fully executed copy of Amendment Number 3 to your Ski Area Term Special Use Permit. If you have any questions, please call Annette Parker at970-945-32L5. Thank you. Sincerely, cc: Arthur Bauer, Jim Stark AP/ap Dr, A.T Caring for the Land and Serving People Printsd s REydsd Papor Authorization lD: SOP407601 CONIACI ID: SUNLIGHT-MTN Use Code: 151 l.S. iEi.r.IT;u;=i''.T 3r .i"Gn. l-' -:- F-: Er:ac* ta;rriaa n [/l L ntr )ltri E [t tAtvrEr!-!J.-... FOF SP=viAt- U>= A-U I r'lLJfil4-A i rLii\ AMENDMENT NUIUIBER: 5 This amendment is attached to and made a part of the special use authorization (identified above) issued to suNLiGHT MOUNTAiN FESOfiT cnOi/29i1993 which is haraby arnended as follcr,i's: fremove ihe follovi'ing ciauses: lll. F. Temporary SusPension Vlll, A. Termination for Higher Puolic Purpose Vlll. ts. Termination, Revocaiion and Suspension Xl. F. Water Rights. Ftevise the heading of section Vtt|.TERMINATION to read REVOCATION AND SUSPENSION. ln section Vlll, add clauses A. Revocation and Suspension, B. Opportunity to Take Corrective Action, C. Revocation for Reasons in the Public lnterest, and D. Suspension below: A. Revocation and Suspension. The Forest Service may suspend or revoke this permit in whole or part: For noncompliance with Federal, State, or local laws and regulations; For noncompliance with the terms of this permit; For failure of the holder to exercise the privileges granted by this permit; With the consent of the holder; or At the discretion of the authorized otficer for specific and compelling reasons in the public interest. B. Opportunity to Take Correcthre A.ction. Prior to rerrocation or suspansion under clause Vlll.A, the authorized officer'shall give the holder written notice of the grounds for each action and a reasonable time, not to exceed 90 days, to complete the corrective action prescribed by the authorized officer. C. Revocation for Reasons in the Public lnterest. If, during the term of this permit or any extension thereof, the Secretary of Agriculture or any official of the Forest Service with delegated authority determines in planning for the uses of the National Foredt System that the public interest requires revocation of this permit, this permit shall be revoked after one hundred-eighty (180) day's written notice to the holder. The United States shall then have the right to purchase the holder's improvements, to remove them, or to require the holder to remove them, and the Unitel States shall be obligated to pay an equitable consideration for the lmprovements or for removal of the improvements and damag6s resultingfrom their removal. lf the amount of consideration is fixed by mutual agieernent between the United Statei and the holder, that amount shall be accepted by the holder in full sitisfaction of allclaims against the United States under this clause. lf mutual agreement is not reached, the Forest Service shall determine the amount of consideration. lf the holder is dissatisfied wih the amount determined by the Forest Service, the holder may appeal the determination under the agency's administrative appeal regulations. D. Suspension. The authorized officer may immediately suspend this permit, in whole or in part, when ne-cessary to protect public health, safety, or the environment. The suspension decision must be in writing. Within 48 hours of ihe request of the holder, the superior of the authorized officer shall arrange for an on'the-ground review of the adverse conditions with the holder. Following this review the superior shall take prompi action to affirm, mociiiy, or cancel the suspension. Jnder section XI MISCELLANEOUS PROVISIONS, revise the heading for clause F Water Rights to read Water Use Facilities. Fleplace the existing clause with the clause below: FS-2700-23 (4197\ oMB 0596-0082 1. 2. 3. 4. 5. F. Water Use Facilities. l' vvaier use Factiiires' The irlaiionat Foresr Sysiem (i!FS) lano wnich is ine suojeci oi rhis permir is nereinarter-^ ^? -9^^^-' - u'':ei rc as :rr€ f e'::ti:igd i(FS lai'j. Ths auih'3li:aiicr'i cf iaciiities ic dii,en. sicrc. :i. lcrrvg.ri r\f*.iei, c- :xs f[i";ili::T;,::|.,=, Systenr i}rFSl rane iitaier iaciiities; in ccnjuncrion 'r,rrn warer rignrs acsull-es ?), rne 'i- 'vi'i '< . J ,; :; ;;; ;3i:c€ of cpera':ing a !^./!n!gr cf \/ea:'-r^rno !"gslr-: anc leiatgc ,asiiiites ul-eg. :"lis pe,.lil. i; i.:sc;; i;; "'.'ai;i;; il,e',vate,'faciiii;es;;lo;s, il'io a-ii',.,izaiiiti, i;.s;,i-,; pe,;niried i,ii:S i;"il,o, s,;,1 ,uq,;, ;,ajiiiii;v'tiiiais':.2?i2,rreUnitecSiaigs;gsi:veS:hc-ilhl.^^.^. maintenance and removar or these *"te, raciii.,L;'#.H;1;il#ff;i;';;'p;;';*,lJ;n[lanci narurarresources on the perrnifted NFS land in corrnpliance wrth aoplicable laws, p,ovioed, nowbver, such concitions shalrnot permit the imposiiion of bypass flows on water transported to the permitted NFS land frorn points of diversionor storage thai arise off of the permitted NFS land. i"t'l:,Y.j,Tfl5; "Ij:. pei':"nit does nol :c;rer d,11,' v-':+r' :ights c;r ihe hctdei". \yars;- ;igh:s m;si be acqutr"ed byi,iE i;u;uvi uluu, ;,c.,v Ie.W. 3' Fuiure Appiicaiions ancj Hevocaiion' Aiier iune 2004 any riEht ro ciiveri waier from tne permiiteci iriFS iancjwhere the use of such.waier is on the sarne perinitted NFS lind-shallbe applied tcr aninlu in ihe narne ci theUniteci Siates anc the holder (hei"einafter calied the joint waiei rightsi. fhis pi-ovision shali nci apply ic wateirights that are acquired by the parmit holder from a source off of the permitted NFS land and transierred to a pointof diversion or storage on the permitted NFS tand. During the term of the permit and any reissuance thereafter,the permit holder shall be responsible for maintaining srcir joint water righis, and shall hlve the right to make anyapplications or other filings as may be necessary to mainiain and proteci such joint witer rights. ln the event ofrevocation of this permit, the United States shalisucceed to the sole ownershif of such joint water rights. Alljointwater rights subject to this clause are listed below. . t- JT/h This Amendrnent is accepted subject to the conditions set herein, and to conditions N/A to N/Aheretoof this Amendment. J-1 average t hour D,.", ?ll(f6.f Date: gfl-?ipLi According to the Paperwork Beduction Act of 1995, no peisons are required to respond to a collection of information unless lt displays a validoMB control number. The valid oMB control number for this intormation correciloriG 0s96-00g2. ffi#||sT[]f ffif"",:,:1,,f"",i"j"::::T:",:,","":Ifl'^*,fq^:,,"-"j:.:.."J".tryf1:sr system rands and manase those rands to prorect :llfl?iJ",:?yl::.,:lgglllill::...t91.?X.1,:.1:!lg 1."."lg.n1."rqtyr i3i. i,r"_;6;;,,ilffi t.tt""# ii,illl,il,Xf,flfi: fipjauthoritv ror that resuirem€nt is provided uy tire orianic nct J ragi *i iriei;;;;;';;lj ;;i"iffi"ffi;#li[iff;? ir"#fifi";:.9:::"-1"^:::l:P:lf ':.^rgj".!? p.r'.?Trls?E rules and. resutarions tor autirorizins anamZniting'N"lio;;iro,"st svstem tands. authorize the secretary of Agriculture to promulgate rules and regulations forquu rslrzq u re oEUIeraIy oI ^grlcurlure Io promulOate rules and regulations for authorizing.and minaging National Forest System'lanoi. mes" it3lll?;?3i1,1g13",r:g:,t^nt^fl{1,i?"t[:1e1t3i ry1 Permit Act, oianilr.t ye Act, Minerar Leasins Act, Araska rerm permit |fi*t"jitrf*ofliil',ff'}1?in1=i"j:xl131I::::r:::::*qi;1,,:H, i;i'#'ffiHH;i,o,",&J:ffii#:iJ'il?H:5;ffi:.Protection Act, and Alaska National lnlerest tanoJconservation Acl, autnorizEirre s-l,i"effi;f ffil*,li; iiltf'llii,"J;:ff1Xtr 3*f::fxl,::,T3:,?11::1:,'.,^:Ystem lancls. rhe secretary or Agricuttureb Arrution, lt 3o den i".t iir,lrop"rt B, estabtish ^rq'^q rrquul Er rr rrqr E)r uI rsu uullseryarlon AcI, aumorlze the Secretary of Agriculture to issue authorizations for the useand occupancy of National Forest system lands' The secretary of Agricutturet regutations lt 3o dpn i".t iir, srop"rt B, establishprocedures for issuing those authorizations. I!:jlygy tl9f 1el4.l5 U.s.C. s^52a) uld 1!g Freedom of tnformation Act (5 U.S.C.rrrsrlrvasyAstor rul4(5u'u'u'552a)andmef-reeclomof lnformationAct(5U.S.C.552) governtheconfidentialitytobeprovidediorg:R*T:"_."?:*^ll[:::,,::l^?:::".,,_:ylf^j_e!g1ip bulden to, "orreciiln oil;f",,"tffi;;i;;;;;"6,'f,-estimateo to averase t hrper response for annualfinancial information; averase t h6ur per r";p";;;i;;rrp";;-;;6;;i";;ffi;"d;"#ffi#;"flffi, !ffltn",,.1:"[L%[n:?i""",:i;n:-t,:?.'ff:.llTd,i:fl.":-:,^",rj,1"]11,^l"l:f[l:d;;ith"ffi;ri#;;}il'fiift. as rercrts, rogs, facirity :ii:f:11'g?::11""*F,?::i:11T::p*""i1,?L?::'T'FTi::",rT:?s;r"ffi;; affi.Hi.;filli.ll'Yi'1'uil?i";;?$i'[ i:r":Hjl?:' searching existing data sources, gathering and maintaining tne aata neeoed, and comptering "na ,rir=*ffii"e ll''li"Yl#",information. , Easis purpore of U.eNONE (decree, license, cErtifEite- { /@\ United States t€tldli Department or '" W Agriculture Forest Service White River National Forest Supervis<lr's Office 900 Grand Avenue P.O. Box 948 Glenwood Spgs.. CO 81602'0948 (970) 945-252r TTY (970) 945-3255 FAX (970) 943-3266 File Code: 2720 Date; January 22,2003 Richard Shafstall President S unli-sht Mountain Reson 10901 117 Road Glenwood Springs, CO 81601 Dear Mr. Schafstall: Thank you for yol]I rerenr submittal of the Site Development Schedule (SDS) for Sunlight Mountain Resort (SNR) as required by Section IL B., of the Special Use Permit' The document is well prepared and fully meeis Forest Service requirements for a SDS' Good job' The SDS clause in the permit was originally invoked by the Forest Service to verify that the information contained in the master development plan (MDP) was still current as of 2003' SMR is an existing ski area with an approved MDP already in place. The SDS verifies that previous assurnptionJana facilities identified in the MDP are still valid and provides the Forest Service with an up-to-date perspective of current and future operations intended for use on National Forest System lands. The SDS does an excellent job identifying future developmental stages and associated financial trigger points needed to acctmplish eich individual planning phase as set forth in the MDP. Ski a.Ju consuttants Phillip E. Floris and Ted Farwell prepared the SDS after a complete review of the MDp with Forest Service and SMR representatives. This involved a dozen meetings or more with Forest Service representatives over a period of several years. Final completion of the SDS was delayed in order to integrate revisionsio the Land and Resource Management PIan @orest Plan), White River National Forest, June 2002' The Forest Service acknowledges your concerns about the proprietary and confidential nature of the information contained in thi SDS that pertains to the financial performance and success of the business operation of SMR. The Forest Service is not obligated to release this type of inforrnation to the general public under the Freedom of Information Act. It is my intent to only use this information for administrative purposes related to the terms and conditions of the special use permit and phased implementation of the facilities described in the MDP' Thank you for your hard work and cooperation in meeting this Forest Service requirement. please convey my compliments to conJultants Ted Farwell and Phillip E' Flores and the SMR ownership group for a job well done. t*rt, Caring for the Land and Serving People Printed on Bocyclgd PaP€r SE Group Land and Mountain Planning, Wetland Consulting 301 West Main Street Suite 201 P.O. Box 2729 Frisco, CO 80443 Tel: 970.668.3398 The Land Studio, lnc, Land Planning 1002 Lauren Lane Basalt, CO 81621 Tel: 970.927.3690 Schmueser Gordon Meyer Engineers & Surveyors 118 W. Sixth Street Glenwood Springs, CO 81601 Tel: 970.945j004 Balcomb & Green, P.C. Legal 818 Colorado Avenue P.O. Drawer 790 Glenwood Springs, CO 81601 Tel: 970.945.6546 Rocky Mountain Ecological Services, lnc. Wildfire Report 0222Bobcat Lane Redstone, CO 81623 Tel: 970.963.2190 Western Bionomics, LLC. Wildlife Report 348 River Road Steamboat Springs, CO 80487 Tel: 970.870.9031 Hepworth-Pawlak Geotechnical, lnc. Geotechnical Engineers 5020 County Road 154 Glenwood Springs, CO 81001 Tel: 970.945.8454 Dgct IRATIoN or CovnxANTs, ConomroNs AND RnsrrucuoNs FOR SuNr,rcttr Mounrux Rusonr TIIIS DECLAMTION OF COVENANTS, CONDITIONS AND RESTRISNONS FOR SUNLIGHT MOUNTAIN RISORT (this ,,Declaration ) is made as of --..-,200__- by SUNLIGHT MOUMAIN DEVELOPMf,NT, LLC, a noriOa timirea liatitirv company ("Declarant'). Rrcntl,s A. Decluant owns the real proputy located in Garfield County, Colorado, that is describd on Exhibit A attached hereto and made a part hueof (the ,,Initiat property'). B, Declarant desires to create a planned commturity on the Pmperty pursuant to the Colorado Common Inlerest Ownenhip Act, Colorado Revised Statutes 3S-33i:lbl through 38- 33.3-319, as the same may be amended from time to time. C. Decluant deems it noc€ssary and desirable to subject the Property to the covonants, conditions, restrictions, reservations, easanents, assessments, charges and liens set forth in this Declaration. Drcum.luon In consideration of the foregoing, Declarant haeby declares as follows: ARTICLE I DECLARAflON l.l Decluation. Declaranl hereby creales a planned community nared "suntight Mountain Resort" on the hoperty (as such tenn is defined below) and declares that tlrc troperty shall be held, sold and conveyed subject to the covenants, condilions, reshictions, .o*rtiori easemenls, assessments, chuges, liens and other provisions of this Decluation. l'2 Covenants Runnine wilh the [and. All covenants, conditions, reslrictions, resavalions, easemenh, chuges, liens and othr provisions of this DCIlaration ue covenants running wilh the land, or equilable servitudes, as the case may be. The obligations, brudens and benefits created by this Declaration shall bind and inure to the benefit of Diluanr, the Ownen (as such term is defined below), all other puties having any right, title or intere$ in the propery or any portion thereof and their respective successors, assigrs, heirs, deviseer, e*ootors, adminishators and personal rEresenlatives. ARTICLE2 DEFTNITIONS . 2'l Basic Defini[ons. As used in this Declaration, the following terms shall have themeaning given to tlrem in ttris section z. t, unlessttre context expressly requires otherwise. the Colorado Common Intocst Ownaship Act, Coloradol through 38-33.3-319, as the same may Ue **AA no, 2.1.2' "Additional property" means the rear pr'perty descriM on Exhibit B 2.1'3. "Annuar loryryiauroage Room Rear Estate Assessment Rate,, has themeaning set forth in Section 6.4 below. 2.1.4. "Annuar Rear Estate Assessment" hap the meaning given to that term inSection 6.4 below. 2.1-5. "Annuar Residentiar Rear Estate Assessment Rate,' has the meaning setforth h Section 6.04 below. 2.1.6, "Annuar undeveloped Land Rear Estate Assesment Rate,, has themeaning set forth in Section 6.4 beiow. 2.1.7. *Atchitecturar Review committee,, means the committee estabrishedpursuant to Article 8. 2.1.8. "Area', ,T, yth respect f0 Residentiat Sites, Commercial Spaces,lodge Rooms, the Resort parcer and undeveloped Laud, the rrtd ,q;;;;;ge of suchftpry as determined by reference to documents recorded in the office of the Clerk adRecorder of Garfierd county, cororado, or, io n, **t that no documents ,rning fortnsuch quare footage have been recorded or such documents ue in conflicf the roflowing,which shall be determined by the Executive Boud in its sore and absorute discretiou 2'r'g'l with resped to a Residentiar site, trr number of square feet ofresidential space contained. yltri" the perimetu wafls, floors, ceirin.gs, windowsand doon ofsuch Residentiat Site; 2'r.9.2 with r€spect to commerciar spacg the number of square feet ofcommerciar space contained. yrlhin the puinito wals, floors, *il6l*ioao*and doon of such Commercial Space; 2' r 'g'3 with respgct to Lodge Rooms, the number of qrure feet of spacecontained within the puimetu *ailr, floorr, ceirings, wnao*, .na aoors of suchlodge Room; 2.1.1. "Act" means Revised Satutes 3g-33.3.101 timeto time. Declararton ofcovenants, conditbw and Ra*ictions for sunrighr Mountain RewrtSunlight A,lountain Development, LLC Page 2 olSt 2.1 .8.4 with respect to the Resorl parcel, the number of squue fect of the surhce uea ofthe Resort parcel; and 2.1.8.5 with respect to undeveloped Land, the number of squue feet of the surface uea of such Undevelopd tand. The "Area" of any property (i) shall not irrctude the squue footage of (a) ary conmron elements appurryrynt t! such property, (b) any roadwaln or right-Jf-wair or (c) any land covered by the United States Foresl Pennit issued for the Sunllght Mountain Ski Area and (ii) shall be rounded to the neuest whote number. 2. 1.9. "futicles" means the Articles of hrcorporation of the Sunlight Mountain Property orners Asociation as the same may be amended from time to tinie. 2.1.10.'Assessmert" neans an Annual Real Estate Asessment, a Sales Assessmenl a Recreation Assessment, a Real Estate Transfer fusessment, a Cogrmercial fssessment, a sunlight Mountain property 0wners Asocialion Assessmenl, a Resort0wner Asessment, a speciar Asessment, a Limited Assessment or a Dsfaurt Assesment levied pursuant to Article 6 below. 2.l.ll.'Assessment Lien" means the liur of the sunli$t Mountain property 0wners Association on a Site dacribed in Section 6. l2 below. 2.1 . I 2. "Asociation" has the meaning given to that term in the Act. 2.l.l3. "Bylaws" means the Bytaws of the Sunlight Mounrain property ownen Association, as the same may be amenrled from time to time. 2.1.14.'commercial Assessnent'has the meaning given to that term in Section 6.8 below. 2.1.15. "commercial Director" has the meaning given to tha tem in section 5.2 below. 2.1.16. 'commercial space" means a site or any portion of any site in which: 2.1.16.1 a wholesale, rdail or service business is operated; D*lurution of (ownonts, cttndirions owr Restricriow for sunright Mounrain Resort Smlight Mountain Developnut, LLC an office is operated or an arlministrative fimction is 2.1.16.3 a conference or meeting facility is operatd; 2.1.16.4 a maintenance or service facility is operated; or 2,1.16.5 a Resori Support Facility is operated, 2,1.16.2 conductd; Poge 3 ol5l including, without limitatioq any space within a Lodgg other than a Lodge Room, that isused for any of the foregoing purposes. Notnittutairiing tr,, ior.ffi ieithu'l.ndgel**, Employe Housing units nor community Facilitii shallu.ieeilra commacial Spaces. 2.l.l7. "common Elements" means a,,y real estate wittrin sunlight Mounhin Resort and any improvements or fixhues located on such real estate, that are; 2.1.17.1 ownd by the Sunli$t Mountain property Owners Association;or 2.1.17.2 owned by a person other tlun the sunlight Mountain Property 0wners Association, but in which ttre sunlight lLffii, property orrners Association has righB of use or possession- pursuant to (a) tbis Doclaration, or (b) a lease, license, easement o, othe, agreement, 2.l. I 8. "Common Expenses,, means: 2.1.18.1 .. . p-y and all-costs, expenses and liabilities incuned by or onbdralf of the sunlight Mountain property owners Association, including, wittrout limitation, costs, expe,nses ana fiauitities fo, {r) ..quiriog o*iig, reasing,s6lling, encumbuing,.marygrng, operating insurini, irfr.ri,rg, repairing, replacing ud maiutaining the common Erements o, ily otiro prJprrty or tr,, sunlight Mountain property owners Association; 0) c;rynt iui'aoy or oepurposes of, and exacisin-s any of the powers of the sunlight triountain itop.rty owners Association as.desctibed in any sunlight uouniain p.p.rty owners Associarion D*yro!,ioiluding, without limihlon, tto* purpo*, and powas described in section 3.2 berow; (c) administuing a,d enfo:rcing the covenants, conditions, restrictions, reservations aod easeme,nts created hereby (d) levyng, collecting and enforcing the asessments, charges and riens irrrposi p*ir*jt hereto; (e) promoting sunri$t Mountain Resorr is part of the sunrio Mountain ski area; (f) maintaining and enhancing property values within sunt-iftrittounain Resort; G) taking any action it deems necess,ry or qpropriate ti protect trregenerar welfare of Ownus, Guests aod ttre genoar pu6riri ft) regulating and lanaging sunlighr Mountain Resorr; and (iioperating ,t, s"irrigr,i Mounhin Property 0wners Asociation; and Z.l.lB.2 reserves for any such costs, expenses and liabilities. 2.1.19. "common hterest community''has the meaning grven to that term in the Act. 2.l.20. "conrmunity-Facility''means any facility rhat is opaated by a nonprofilnot-for-profil govemmental or quasi-govemmental entity ana hat pi#a,, athletic, cullural, recreational, entertainment or othu services to o*nrrr, cu.rts oitt, genual public. "C.ouununity Facilities" includg without limitation, all: 2,1.20.1 thearers; Declnratiou olcovenails, conditiont anil Ratrictotufor suntight Mountain Resort Sunlight Mounlain Developnat, LLC Page4ol5l 2.1.20.2 libruies; 2.1.20.3 chapels; 2.t.20.4 schools; 2.1.2A.5 communitycenters; 2.1.20.6 recreational facilitia, athletic facilities, pads, playing fields, nature centen, trails, open spaces and wetlands; 2.1.20.7 child cue facilities and teen centers; and 2.1.24.8 medicalandernugencyservicefacilities, that ue operated by a nonprofit, not forprofit, govemmental or quasi-governmental €ntity, "Community Facilities" shall also include the real property described on Exhibit C atlached hereto, if any, and any lakes, skeams, improvemenh or other facilities located herein or thereon. 2.1,21. "Condominium" has the meaning gven to that term in the Act. 2.l.22."Condominium Unit" means a Unit within a Condominium. 2.l.23. "Decluant'' means sunlight Mountain Development, LLC, a Florida limited liabitity company, and its successors and assigns. 2.l.24. "Decluant conhol Period" has the meaning given to that term in section 5.4 below. 2.l.25. "Declarant Rights" means any rights reservod to Decluant under this Docluation or any other sunlight Mountain property ownus Asociation Document, including, without limitation, all Special Declarant Rights. 2.l.26. "Default Assesment" has the meaning grven to that term in section 6.ll below. 2.l.27."Diq,tof'means a duly electd or appointed member of the Executive Boud 2.1-28. "Employee Housing unit" means any Residential Site or any portion of any other Site resfiictod for use only as employee housing. 2.1.29. "Executive Board" means lhe Board of Directors of the sunlight Mountain Property Owners Association. 2.l.30."Guest" means any family member, employee, contractor, lessee, customa or invitee of an 0wner. Decfurariot olcovenants, conilirbns ond Resticlions lor sunlight Mout tain Resor! Suu li ght Mounlait Daelopnent, LLC agent, independent Poge 5 ol 5l 2.l.3l."lnitial propaty''means ttre rear property rocated in Garrierd c,ounty, colorado, that is described on Exhibit A atached hereto *a *.0r. purtir*n 2.1.32.'Limited Asessment" has the meaning gven to that term in section 6.10below. 2,1.33. "lodge" means: 2,1.33.1, any Site or any portion of a Site that is used as a hotel, motel, inn or lodge; or 2.r.33.2 any site, other than a Residentiar site, in which sbortterm ovemight accommodations are provided. Notwilhstanding the foregoing in no event shall a vacation Club Facility be considered aLodge. .2.1-34. "lodge Room" means a ro,m or suite in a rodge desigpated for sepuate overnight occupancy by one or more Gucts. 2.1.35. 'Majority," whether or not capitalized, means any percentage greater thanfiftypucent (50%). 2.1.36,'Member" means a memhr of the sunrigbt Mountain pmperty owrers/ssociation. 2'l'37. "Owner" means the record holda of lepl title to the fee simple interest inany site or portion thereof, incruding a Tirne share Esrate. If there is more than one record holder of legal title to a Sitq each record holder shalt be an .wner. Tire term"0wne/'includes Declarmt to the extent that Declarant is the recordholder of legal titte to the fee simple interest in any Site. 2.1.38.'?erson" m",ns any natural person, corporation, par[rership, Iimitedliability company, associatio& trust, trustee, goun*rrntui or quasi-'govemmeirtal entityor any other person or entfty recoglizd u teing capabre of owningiealprof"ty *a* the laws of the State of Colorado. 2. 1.39. "Property" mearx: 2.1.39.t the Lrilial property; and 2.1.39.2 any otlrer rear property that is rater made subject to thisDecluaion. 2.l.40. "ResidentialDirector" has the meaning given to thd rerm in Section 5.2 below. 2.1.41. "Residential Site" means any Site that contains: Declurution uf coveaants, conditions ontl Restricriotts for sunlight Mountain Restrt Sunlight Mountuin Developmedt, LLC Page 6 ol5l 2.1.41.1 one single-family dwelling for which a final certificate of occupancy has been issud by the appropriate govemmental authority; or 2.1.41.2 a multi-family dwelling, ttrat is not a Common lnterest Community, for which a final certificate of occupancy has been isued by the appropri ate govemmental authority. The term 'T.esidential Site" includes, without limitation, a residential Condominium Unit, a residential Cooperative Unit and a residential Ptanned Community Unit. 2.1.42. "Resort Director" has the meaning given to that term in Section 5.2 below. 2.1.43.'Resort Parcel" means that parcel of real property located within the Initial Property ttrat is dccribed as the Resort Parcel on Exhibit A attached hereto and made a part heroof 2.1.44.'Lesorl Prcel fusessme,rt" has the meaning given to that tenn in Section 6.12 below. 2.l.45. "Rules and Regulations" means my instrument adoptd by the Sunlight Mountain Property Owners Asociation or the Architectural Review Committee for the regulation and management of Sunlight Mountain Resort, as the same may be amended from time to time. 2.1,46. "Site" means any one of the following parcels of real propaty that is located withiu Sunlight Mountain Resort: 2.1.46.1 a Condominium Unig 2.1.46.2 a Cooperative Unit; 2.1.46.3 a Planned Conmunity Uoit; 2.1.46.4 a platted lot that is not within a Common Interat Community;or 2.1.46.5 an unplattd parcel of real property that is not within a Common Interest Community, 0re fee simple interest of which may be conveyed in its entirety to another Person without violating the subdivision regulations of Garfield County, Colorado, as in effect ftom time to time. Notwitirstanding the foregoing, any uch parcel of real property owned, hld or used in its e,ntirety (a) by the Sunlight Mountain Property Owners Association, (b) as common elements for an Asociation for another Common Interest Comnunity located within Sunlight Mountain Reso( (c) by any govemmenral or quasi-governmental entity, (d) solely for or in connection with the di$ribution of elecricity, gas, water, sewer, telephonq cable television or any other utility senice, or (e) solely for acc€ss to or thmugh any property within Sunli$t Mountain Resort, shall be not be considered a Site. Declurorion of Covedants, Conditions and Restriclorulor Smlight Mouatafu Resort Sunlight Mountafu Developnent, LLC Page 7 of 5l { s1ngrc unplatted parcel ofreal property containing thirty-five or more contiguous acres shall be considerd one Site, even thou$ vuious parts thermf can be conveyed without violating the subdivision regulations of Summit County, Colorado. 2.l.47. "special Assessment" has the meaning given to that term in Secrion 6.9 below, . 2.l.48."Special Declarant Ri$h" means the rights reserved by Declarant in Arlicle _ below. 2,l,49, "successor Declaranl" means any p€rson who succeeds to any righs of Declarant hereunder. 2.1.50. "Supplemental Declaration" means additioual covenanls, conditions ard reshictions which may be placed on the proputy or any portion rhereof by one or more instruments recorded in the Summit County iecords prioito the time Declarant tansfas or- colveys said property lo the sunlight Mountain property 0nwnus Association or any other Pason which further restrict the use, density or desigrof the applicable property. 2.1.51. "Time share Eslate" has the meaning given to that term in section 3g-33- I l0 of the Colorado Revissd Statutes. 2.1.52. "undeveloped Land" means any site or any portion ofa site that does not conlain a building for which a certificate ofoccupancy hai been issued by the appropriate governmental autlrority, excluding the Resort parcel. 2,1.53. "Unif' has the meaning given to thA term in the Act, 2.1.54. "vacation club" Tean, 1 corporatio4 limited liability company, partnership, joint venture or other entity that is owned by members, whose ownership/mrmberstrip interests in the corpratiorl limited liability compimy, partnership, joint venhre or other entity are evidencd by points, shares or ottru intereJts that entitle the memben ro overnight accommodations within a vacation club Facility. 2. 1.55. "vacarion club Facility'' mealu a buikling or portion of a building: 2.1.55.1 that is owued by a Vacation Club; an<l 2.1.55.2 in which ovemi$t accommodations are providd to members of the vacation club on the basis of the members' vacaton club Points. 2.1.56. "vacalion club Poinrs" ue points, shares or other ownership/membership interests in a Vacation Club that entitle the owner thereof to overnight accommodations within a Vacation Club Facility. 2.2 Gender and Nurnber. wheneverthe context of this Declaration so requires: Declurarion ofcovenants, contlitiotts ond Resrnctionslor $nlight Mounrain Reyorr Sunlighr Mountoin Developnent, LLC Page 6 ol 5l 2.2.1. words used in the masculine gender shall include the feminine and neuter genders; 2.2.2. words used in the feminine gender shall include the masculine and neuter genders; 2.2.3. words used in the neuter ge,nder shall include the masculine and femnine genders; 2.2.4. words used in the singular shall include the plural; and 2.2.5. words used in the plural shall include the singular. 2.3 Definitions that Reference Statutes. If a capitalized term used in this Deplaration is defind as having ttre meaning given to that tenm in a particulu Colorado statute, the meaning given to ftat term in this Declaration shall be the meaning given to that tenn in the partiorlu Colorado $atute as of the date of this Declaration, regudless of any laler amendments h that paaicular Colorado statute. 2.4 hree Planned Conmudtv. The Sunli$t Mountain Resort is a large planned community and is exercising certain exemptions from the Act as a luge planned community. ARTICLE3 THE SUNLIGHT MOTJNTAIN PROPERTY OWNERS ASSOCIATION 3.1 Formation of ttte Sunlight Mounuin Propertv 0wnen Association. 0n or before the date on which Decluant first conve)6 a Site within Sunlight Mountain Resort to a Purchaso, Declarant shall form the Sunlight Mouotain Property Owuers Asociation. 3.2 Pumoses and Powen. 3.2.1. Sunlight Mountain hoperty Owners Association's puposos arel 3.2.1,1 to acquire, ow4 lease, sell, transfer, grant easements ov€tr, encumber, matrage, operatg insure, improve, rep*, replace and maintain the C,ommon Elements and all other property of Sunlight Mountain Property Onners Associatiorq 3.2.1.2to provide certain facilities and services to Owners, Guests and the general public; 3.2.1.3 to administer and enforce the covenants, conditions, restrictions, resanations and easements created hereby; 3.2.1.4t0 levy, collect and enforce the Assesments, chuges and liens imposed pursuant hereto; Declarution of Covenants, Conilitions and Restrictions for Sunlight Mountain Resort Sunlight Mounuin Developnent, UC Page 0 of5l 3.2.1.5 to promote Sunlight Mountain Resort as a four-season destination raorl community; 3.2.1.6 ro maintain and enhance property values within sunlight Mountain Resort; 3.2.1.7 ro take any action it deems necessary or appropriae to protect the general welfare of 0vmers, Gue$s and the generalpublic; 3.2.1.8t0 enta into ageements with other penons, including without limitation, eas€ments, liceues, leases and other agreements with other Associations and with govemmental and quasigovemmental entities, which provide for the lhring of expenses among the sunli$t Mounuin property Owners Associaion and such other Persons for improvements, facilities and services that serve the Sunlight Mountain Property 0tmers Association aod such other Persons; and 3,2.1.9h regulate and manage the sunlight Mountain prope8 o*ners Association. 3.2.2. unless exprasly prohibitd by law or any of the Sunli$t Mounain Property ownus Associaion Documents, the sunlight Mountain property owners Association may: 3.2.2,1t*e any ard all actions that it deems necessary or advisable to fulfill its pulposes, imluding without limitation, the hiring ard termination of employees, agents and independent contractors; 3.2'2-2exercise any powers confa:ed by the Act or any sunlight Mountain Property Omers Association Documents; and 3.2.2.3 exercise all powers that may be exercised in colorado by nonprofit corporations including without linitation, the powu to bonow money and to seflre any such bonowing with the common Elements and the sunlighl Mountain Property Owners Association's othcr asds. 3.2.3. lvithout in any way limiting the powers of the sunlight Mountain propaty owners Associaion as drscriM in paragraph 3.2.2. above, ttre sunlight Mountain Property Owners fusociation may, but is not obligated to, chuge use feesior tlre use of any common Elements and for the use of any facilities or sirvices provided by ttre Sunli$t Mountain Property Ownus Association. 3.2.4. without in any way limiting the powers of rhe sunlight Mounrain proputy ownus Association as described in paragraph 3.2.2. above, ttri suntight Mountain Property owners Association may, but is not obligated to, make capital inirovements to the Common Elements. Decluution of covenwts, conditions and Restrbtions lor sunlighr Mountain Resort Sunlight Mowrtoin Developnent, LLC Page fiofSI 3.2.5. The Sunli$t Mountain Properry Owners Association rnay provide facilities and services itself or it may contract with private, governmental and quasi- governmental Penons to provide facilities or services. 3.3 Sunlieht MountainPropertyOwners AssogiationPocunents. 3.3.1. This Decluztion creates the planned community known as Sunlight Mountain Raort and creates certain coveoanls, conditions, reshictions, reservations, easements, assessments, charges and liens applicable to the Sunlight Mountain Property Ovmers Association. The Articles create the Sunli$t Mountain Property Owners Association The Bylaws provide for the regulation and management of tbe Sunli$t Mountain Property 0wnen Asociation, and the Rules and Regulations provide for the regulation and management of Sunlight Mountain Resort. 3.3.2. Ifthere is any conllict or inconsistencybetween the terms and conditions of this Declaration and the terms and conditions of the Articles, the Bylaws or lhe Rules and Regulations, the terms and conditions of this Declaration shall control. If there is any conllict or inconsistercy between the terms and conditions of the Articles and lhe tenns and conditions of the Bylaws or the Rules and Regulations, lhe tenns and conditions of the futicles shall control. If there is any conllicl or inconsisterrcy betwem the terms and conditions to the Bylaws and the terms and conditions of the Rules and Regulations, the terms and conditions of the Bylaws shall control. 3.4 Books and Records. Upon reasonable prior written rquest the Sunlight Mountain Property OwrBrs Association shall allow Owners, Mortgagees, and their respective agents to inspect cunent copies of the Sunlight Mountain Property Owners Asociation Documents and lhe bools, records, budgets and firuncial statements of the Sunlight Mountain Property Owners Association during nonnal business hours and under other reasonable circumstanccs. the Sunlight Mountain Property Ownem As.sociation rnay charge a reasonable fee for copying such materials. ARTICI^E 4 IIIEMBERSMP AND VONNG 4.1 Me,mbershio. Evuy Ourner shallbe a mernber of the Sunligbt Mountain hope$ Owners Asociation, and a Person who is not an Ovner may not be a member of the Sunlight Mountain Property Ovuners Association 4.2 Associates. The owner of any residential property or wholesale, retail or service business and the Association of any Common Interest Community, in each case that is not othervise a Membor, shall be entilled to become an associate (an "Associate') of the Sunlight Mountain Prope$ Owners Association by (a) glving written notice to the Executive Board to such effect and (b) complying with the provisions of the Bylaws goveming Associates. 4.3 Votine in Ggngral. Datloration ol Covenants, Conditions arul Restrietions lor Sunlight Mountain Resor! Sunlighl Momuin Developnent, LLC Page ll of5l 4.3.1. The votes in the Sunlight Mountain Resort shall be allocatd as described in lhis Section 4.3 and Sections 4.4 tluough 4.8 below. Nolwithstanding any other provision ofthis Declaration, no votes shall be aflocated to Associates. 4.3.2. Therc shall be five categories for alrocating votes in the sunlight Mountain Property Ownen Association: 4.3.2. I Residential Sites; 4.3.2.2 Commercial Space; 4.3,2,3 lodge Rooms; 4.3.2.4 the Resort Parcel; and 4.3.2.5 Undeveloped Iand. 4.3.3. The votes allocated to a Residential site, a commerciar space, a [odge Room the Resort Parcel or undeveloped Land shall be herd by the owner(s) ofsuch Residenlial site, commercial Spacg lodge Room, Resort parcel or undeveloped Land as the case may be, and may not be separatd from the Residential site, commercial Space, lodge Roou Resort Parcel or undeveloped Land to which the votes are allocated. The votes allocated to a Resirhntial site, Coulnercialspace, lndge Room, the Resort Parcel or Undevelopd Land may be transfened or encumbered only in connection with the conveyance or encunbrance of the fee simple interest in such Residential Site commercial space, lodge Room, Resort Prcel or undeveloped Land, Any transfer or encumbrance of votes in the Sunlight Mountain Property Owners Association, other than as pennitted in this paragraph 4.3.3., shall be void and have no force and effect. 4.3.4. Not*ithskndmg the terms and condilions of paragraph 4.3.3, abovg the Owner of a Residential Sile, commercial space, rodge Roorn, the Resort parcel or undeveloped Lan( may appoint an agent to vote the votes allocated to the 0wner,s Residential Site, Commercial Space, lodge Rooms, the Resort parcel or undeveloped Land by a duly executed proxy, in such form as the surlight Mountain property owners Asociation may reasonably require, timely delivued to the Sunlight Mountain property 0wners Association. 4.3'5. Class voting shall be allowed for the election of Resideotial Directon, Commercial Directors and the Resort Director pursuant to Artr'cle v below, but for no othu purpose. 4'3'6. Cumulative voting shall not be allowed in the election of Dircctors or for any other purpose. 4.3.7. There shall be n0 vores allocaled ro (i) that portion ofany sire that is a community Facility or an Employee Housing unit or (ii) undeveloped Iand which has not been assigned any equivalent units, commercial spam or cafeteda space under lhe Sunlight Mountain PUD. Decku'olion ofCovenanq Contlitiaw and Ratriclionsfor Sunlight Mountain Raan Sunlight Mountain Development, LLC Page 12 of 5l 4.3.8. In any instance described in this Declaration where fractional voting is pennittd if the number of votes allocated to any Person is not a whole number, such Penon stull be enti0d to vote the nun$er of votes allocatd to such Owner, roundd to the neuest lowa whole number. [n no event shall any Person be entitld to cast less than a whole number of votes. 4.4 RcidentialVoting. 4.4.1. Each Residential Site shall h allocatd one vote for each quare fmt of fuea of such Residential Sitg regudless of the number of Owners of that Residential Site. Excqt as providd in paragaph 4.4.2. below, fiactiond voting shall not be allowd for any votes allocated to a Residential Site. If the 0wners of a Residential Site cannot agree among themselves as to how to cast 0reir votes on a particulu matto, they shall lose their right to vote on such mafier. If any Onner of a Residential Site casts the votes for that Raidential Site it will thereafter be presumed for all purposes that the Owner was acting with the authority and consat of all other Ownen of that Residential Site, unless an 0wner of that Residential Site make.s an objection thereto to 0p Penon presiding over the meding when the votes are cast. If more than the votes allocated to a Residential Site ue rut for any Residential Site, none of such votes shallbe countd and all of such votes shall be deemed null and void. 4.4.2. Notwithstanding the tenns and conditions of puagraph 4.4.1. abovg if a Raidential Site is owned in Time Shart Estates, fractional voting shall be allowd for the votes allocatd to tlut Reside,ntialSite. In that case, the votes allocatd to a Residential Site shall be allocated proportionally among the Time Share Estates based upon the following formula: the fuea of the Residenfial Site multiplied by a fractiorq the numerator of which is the number of weeh the Owner is permitted to use the Residential Site as the Owna of the Time Share Estate, and the denominator ofwhich is 4.4.3. Excqt as set forth in paragnph 4.4.4. below, in any election of Residemtial Direclon, the Owner of a Residential Site shallhave a number of vota qul to the nunber of Residential Directon for which that Owner may vote by virtue of ir ownaship of that Residential Site multiplid by the number of votes allocated to that Residential Site. 4.4.4. lf a Residential Site is ov'rned in Time Share Estates, the Owner of a Time Shue Estate shallhavg in any election of Residential Directors, a number of votes qual to the product obtaind by multiplying: 4.4.4.1 the number of votes allocated to that Time Share Estate pursuant h puagaph 4.4.2 above; by 4.4.4.2the number ofResidential Directors for which the Owna may vote by virtue of its ownenhip of the Time Share Fstate. 4.5 CommucialVotinB. Decluraion ol Covenas, Contlitions and Resffiaions for Sunlight Mountoin Resort Sunlight Mounuin Dwelopmut, LLC Page 13 of5l 4.5.1. Each Commercial Space shall be allocated one vote for each square foot of Area of such Commercial Space, regardless of the number of 0wners ofthat Commercial space. If the Owners of a commercial space canDot agr6e among themselves as to how to ca* thei votes on a particular matter, they shall lose their rightlo vote on such matter. If any Owner of a Commercial Space casts the votes for that Commercial Space, it will therealler be presumed for all purposed that the Ouner was acting with the authority anO cmsent of all other Owners of that cornnercial space, unless an OwrBr of that commercial space makes an objection thereto to the person presiding over the meding when the votes arc cast. If more than the votes allocated to a -Commeicial Space are qNt forany Commercial Space, none ofsuch votes shall be counted and all oisuch votes shall be deernednull and void. 4.5.2. Th ourner of a commercial space may appoint its lessee in that Commercial Space as its agerrt to vote all or aoy portion of ihe votes allocated to thar cgmmucial space by proxy in accordance wiilr the tenns and conditions of paragraph 4.3.4. above. kr that regard, fractional voting shall be allowd for the votes allocated to a commercial Space. Notwithstanding the foregoing if more votes are cut for a Commercial Space than ue allocatd to that Commercialspace, none of such votes s6all be countd and all ofsuch votes shall be deaned null anO voiO. - 4,5.3. In any election of courmercial Directors, the owner of a commercial space shall have a nurnber of votes equar to the product obtainod bymultiplying: 4.5.3.1 thenumber ofvotes ailocated to that commerciar space; by 4.5.3.2 the number of commerciar Directors for which oilDer may vote by virtue of its ownership of that Commercial Space. 4.6 Iadge Room Voting. 4.6.1. Each Lodge Room slull be allocated a uumber of vores equal to the quotient obraind by dividing: 4.6.1.1 the numba of quare feet of fuea of such lndge Room; by 4.6.1.2 three (3), regardless of the number of Omers of that Lodge Room. 4.6.2. Fractional voting shall not be allowed for votes allocared to a lodge Room. If the 0wners of a Lodge Room cannot agree among theinselves as to how to cast their votes on a particular matter, they shall Iose their right to vote on such matter. If any Owner of a [odge Room casts the votes for ttut lodge Room, it will thereafter be presumd for allpurposod that the Owner was acting with the authority and consent of all other owners of trat lndge Rooru, unles an Owner of that Indge Room makes ar objection thereto to the Person pruiding over the meeting when the iotes are cast. If at any meeting more votes T gTt for a Lodge Room ttran are allocated to that Lodge Room, none ofsuch vota shall be counted and all ofsuch votes shall be deernd null and void, Declarurion olcovenants, conilitions ond Resnictionslor sunlight Mountain Reson Sunlight Mountain Development, LLC Page 14 of 5l 4.6.3. In any election of Commacial Directors, the Owner of a Lodge Room shall have a number ofvotes e4ual to the product obtaind by multiplying: 4.6,3.1 the number of votes allocated to the Lodge Room, by 4.6.3.2trc nunber of Commercial Directors for which fte Owner may vote by virtue of its ownership of the lodge Room. 4.7 Resort Parcel Voting, 4.7.1 . The Resort Pucel shall be allocated one Yote for each squue foot of Area of the Resort Parcel, regardless of ttp number of Ownen of the Resort Pucel. 4.7.2. If the Owners of the Resort Parcel cannot agree among lhe,lnselves as to how to cast their vota on a puticulu matter, they shall lose their right to vote on that mater. If any Owner of the Raort Parcel casts the votes for the Resort Parcel, it will thereafter be presumd for all purposes tlut the Owner was acting with the conse,nt and authority of all other 0rrners of the Resort Pucel, unless an Owner of the Resort Parcel makes an objection thereto to the Person presiding over the meeting when the votes are cast. If the Ownen of the Resort Pucel casl more votes for the Resod Pucel than ue allocated to the Resort Parcel, none ofsuch vota shall be counled and all ofsuch votes shall be deerrd null and void. 4.8 Undevelopd l:nd VotinB. 4.8. l. Undevelopod land shall be allocated one vote for each square foot of Area of such Undevelopd Land, regardless ofthe number of 0wners of such Undevenopd Land. 4.8.2. If tfie Ornen of Undeveloped Iand caonot agree among tbemselves as to how to cast the votes on a puticulu matter, they shall lost their right to vote on such matter. If any 0wner of Undevelopd Land casts the votes for ttral Undeveloped lald, it will thereafter be presumed for all purposes that the Owner was acting with the consent and authority of all other Owners of sudr Undeveloped land, unless an 0wner of such Ihdeveloped Iand makes an objection thereto to the Person presiding over the meeting when the votes ue cast. If the Owners of Undeveloped Land cast more votes for srch Undevelopd land than ue allocatd thoeto, none of such votes shall be counted and all ofsuch votes shall be desmed null and void. 4,8.3. In any election of Commercial Directors, the 0wner of Undevelopd Land shallhave a number of votes equal to the product obtained by multiplying: 4.8.3.1 the number of votes allocatd to such Undeveloped Land; by 4.8,3.2 the numbo of Commelcial Directors for which the Owner may vote by virtue of its ownership ofsuchUndeveloped Land. Duluration of Cownanrs , Conditions anil Resticlions lor Sunlight Mouatain Resort $nlight Mountain Developnent, LLC Page l5 ofil ARTICLI 5 IXECUTTVE BOARI) 5, I Powos- of the Exocutive Board. 5'l'1. Except as provided in this Declaration, the Articles and the Bylaws, theExecutive Board may act on beharf of the sunrl$t Mountain proprny o*.* Association in all in$ances 5.1.2. The Executive Board may not act on behalf of the Sunlight Mountain Property Owners Associatim to: 5.1.2.1 amend this Declaration; 5' 1.2.2 terminate the Sunlight Mourtain Property Owners Associatioq this Declaration or the pranned community creatd by this Decraration; 5.1.2.3 elect Directors to the Executive Board, other than to fill a vacarpy for the unexpird portion of a Director,s term;or 5.r.2.4 determine the quatificatious, pwers and duties, or rerms of office of Directors; 5'2 Numbu of Directors. The Executive Board shall consist of the following seven(7)Directors: 5'2' l ' tlree (3) Dir,ectors elected by and ropresenting Owners of Residential Sites (the "Residential Directon'); 5'2'2' three (3) Directors elected by and representing the 0wners of Commercial Spaces, the lodge Rooms and undeveroped Land lihe.,cominerciar Directors,'); and 5.2.3. one (r) Director appointed by and rryruenting rhe owners of the RaortPanel (the "Resort Directol). 5.3 Election of Directon. 5.3.r. subject to the tenns and couditions of sections 5.4 and 5.5 berow, the ResidentialDirectors shall be elected u follows: 5'3'l.l lte terms of ttre Residential Directors shall be staggerd. At theinitial election or appointment of the Residential Directors, the Residential Directors shall be divided into two classes. The first class shall consisr of trvo (2) Residential Directors, and the second clas shall consist of one (l) Residentij Director. 5.3.1.1.1 The inirial two (2) Residential Directors in the first class will hold ollice until the election or appointnent oftheir respective Dadarolon ol covenants. conditions and Resrricrions lor swtlight Mowttuia Resort $nlight Mountain Development, LLC Page 16 of|l successoni at the ---- annual meeting. Thereafler, each Residential Director in the fust class shallhold offrce for a term of two (2) years and the Owners of the Residential Sites shall elect such Raidential Directon at the annual meeting held in yeus ending in an odd number. 5.3.1.1.2 The initial Residential Directors in the second class will hold office until the election or appointnent of his zuccessor at the ,*d,r",,ffi H,ffi'#:,Jil#?,ff -3i,::}1,3ffi:%frH of Residential Siles shall elecl such Residential Director at the annual meeting held in years ending in an even number. 5,3.2, Subject to the tenns and conditions of Sections 5.4 and 5.5 below, the Commucial Directors shall be elected as follows: 5.3.2.1 The terms of the Commercial Directors shall be staggered, At the initial election or appointnent of ttre Commercial Directon, the Commercial Directors shall be divided inlo two classes. The fust class shall consist of two (2) Commucial Directors, and the second class shall consist of one (l) Commercial Director. 5.3.2.1.1 The initial Commercial Directors in the first class will hold office until the election or appointnent of such their respective successors al the _ annul meeting. Thereafter, each Commercial Director in the fi$t class shall bold offrce for a term of two (2) Wars and the Owners of the Commercial Spaces, lodge Rooms and Undeveloped Land shall elect such C.ommacial Dirtectors at the urnual meeting held in yean ending in an odd number, 5.3.2.1.2 The inilial Commercial Direchr in the secoud clus will hold offrce until the election or 4pointrnent of his succesor at the annual meeting Thaeafter, the Commercial Director in the second class shall hold ofhce for a term of two (2) years and the Oumers of Commercial Spaces, lodge Rmms and Undeveloped Lnod shall elect such Commercial Director al the annual meeting held in yean ending in an eve,n number. 5.3.3. Subject to the terms and conditions of Section 5.4 and 5.5 below, the Owners of the Resort Pucel may appoint, remove and replace the Resort Dirctors at any time by providing prior unitten notice thereof to the Sunlight Mountain Property Owners Asociation. 5.4 Declarant Control Period. 5.4.1. Subject to the terms and conditions of paragnphs 5.4,2,5.4.3 aud 5.4.4 below, but notrnithstanding anything else to the contary contained in this Declaration or in any other Sunlight Mountain Property Owners Association Document Deluant shall Declorution ofCovenaau, Conditions and Reslrictionsfor Sualight Mounlain Resorl $ulight Mountoin Datelopnent, LLC Page 17 of5l !av9 the exclusive right to appoint and remove all Officers and Directors during flre Decluznt contol Period. The term 'Declarant conhol period" means the frriodcommencing on fre date on which Decluant forms the sunlight Mountain hoperty Ovnen Association and ending on the earlier of: 5.4.1.1 rhe date that is sixty (60) days affer conveyance to purcbasers of seventy'five percent (75%) of the maximum numba of Equivatent Units allocated to thc Proputy; 5.4.1.2 rhe late tlat is six (6) yeus after 0re last conveyance of a site by Decluant to a Purchaser in the ordinary course of business; or 5.4.1.3 the date that is twenty (20) yean after the date this Decluation is recorded in ttre Gufield County Rcords. 5.4.2. Decluant may voluntarily sunenda its right to appoint and rennove Officers and Directon prior to the expiration of ttre Decluant Connoi period, bu! in that event, Declarant may require, for the remainder of the Dectarant conhot period, that specific actions of the sunlight Mountain prcpaty ovmers Asociation or he Executive Board, as descrihd in a recordd instument executed by Decluant, be approvd by tlre Decluant before they become effective. 5.4.3. Notwithsundiry anything to the contary containd in panagnph 5.4.1 abovg not later tlran sixty (60) days afler the mnveyance to purchaseri or-nvinty-five prcent (2570) of the maxirnum number of Equivatent Units allocatd to the property, the two (2) Residential Dirmmn appornted by Docluant that ue in the sane .tas, 1.sdescribd inparzgraph 5.3,1) shall be rElaced with two (2) Residential Directon elected by the 0wnen of RCIidential Sites, otho than Declarant. 5.4.4. Notwirhstandiry anything to the conbary containd in paragnph 5.4.1 1!9-r.:, ,9t later than sixty (60) days after he conveyance to purchasers'of d'fty percent (Strlo) of the maximum number of Equivalent units allocatd to the propaty, the Residential_Director appointed by the Declarant trat is in tlre second class (as describd in paragraph 5.3'2) shall be replaced with aResidential Director elected by the Owners of Residential Sites, other than Declarant. . 5.4.5. During the thirty (30) day period immediately preceding the date on which the Declarant Control Period expires, the Owners shall elecian Execulve Board of seven (7) Directors, at least a majority of whom must be 0wners other than Declarant or designatd representatives of Ornus other than Declarant. 5.5 RemovalofDirectors. . - .5'5j 1. . Directon appointed by Declarant may be removd, wi$ or without causg solely by Declarant. Declilrdlion olcoverunts, conditions and Reslicrionsfor sunlight Mounuin Resorr Sunlight Mounuin Developnent, LLC Page lSofSl 5.5.2. Each Residential Direclor, othsr than Residential Directors appointed by Declaranl may be removd, with or without cause, by a sixty-seven percent (67Y1 ot greater vote ofall votes allocated to the Residential Sites that are entitld to vote for lhat Residential Director and lhat are representd at a meeting of the Owners of those Residential Sites at which a quorum is presenl. 5.5.3. Each Commercial Director, other than Commercial Directors appointd by Declarant, may be removd with or without cause, by a sixty-seven percent (67%) ot greater vote of all votes allocated to the Commucial Spaca, Lodge Rooms and Undeveloped Land that ue entitld to vote for that Cornmercial Director and that are rryrCIentd at a meeting of the Owners of &ose Commercial Spaces, lndge Rooms and Undeveloped land at which a quorum is present. 5.5.4. The Raort Director, other than the Resort Director appointed by Declaran! may be removod, with or witbout cause, by the Qwnen of the Resort Pucel. 5.5.5. Directon may trot be removd exc€pt as provided in puagraphs 5.5.1 through 5.5.4 above. 5.5 Reolacement of Directors. 5.6.1. Vacancies on tbe Executive Boud creatd by the re6oval, resigpation or death of a Director appointed by Decluant shdl be filled by a Director appointed by Decluant. 5.6.2. Except with respect to a Rcort Director appointed by Declarant a vacancy on the Executive Board creatd by the removal, resigpation or death of tbe Resort Dircctor shallbe frlld by a Diroctor appointed bylhe 0wner of lhe ResortPucel. 5.6.3. Excpt with reryect to a Residential Director or a Commercial Director rypointed by Dectuan! a vacancy on the Executive Board created by the removal, resigpation or death of (i) a Residential Director shall be filld by a Director appointod by unanimous vote of the Residential Directors then holding office or (ii) a Commercial Diroctor shall be filled by a Director rypointd by unanimous vote the Conmercial Directors then holding office. In the event that any such vacancy is unable to h filld in accordance with the provisions ofthis paragraph, such vacancy shall remain unfilld for the remainder of the unexpired tem of the Director that whose runoval, resignation or death creatd such vacancY. 5.6.4. Any Director elocted or appointed pursuant to this Section 5.6.4 shall hold office for the remaindu of the unexpired term of the Director that such Diroctor replaced. ARTICLE 6 ASSESSMEMS, COMMON EXPENSES, BIJDGETS AND ttENS 6.1 Obligations for Assesments and Other Chuqes. Dccluration of Covenanu, Corulitiots awl Restriclotx for Sunlight Mowlain Raort Sunlight Mountain Doxlopnat, LLC Page 19 of 5 I 6.1.1. Each Owner, by accqting a deed to a Site or a Time Shue Estate (whetho or rpt it shall be expressly shtd in such ded), shall be deemed to have covenanted and agreed, t0 pay to ttre Sunli$t Mountain Property ownus Association all Assesments and other chuges that the Sunligbt Mountain Properry Ownen Association is re4uired or permittd to levy or impose on such owner or such Owner's Site or Time share Estate pursuant to this Decluation or any other sunlig[t Mountain Property Ownen Associ ation Document. 6.1.2. Notwithstanding the definition of tlp term "Owne/': 6.1.2.1 a Person who aquird a Site or Time Share Estate in a foreclosure sale shall be personally liable for all Assessments urd other chugc that the sunli$t Mountain Property owners Associaion is rquired or pemrittd to levy or impose on that site or Time share Btate or on the owner of that site or Time Share Estate comme,ncing on the date of the forecloswe sale; and 6.l.2.2aPercon who acquird a Site or Time Shue Estate by deed-inJieu offoreclosure slrall be personally liable for all Asesynents and other charges that the Sunlight Mountain Property Orrners Asociation is required or permitted to levy or impose on that Site or Time Share Estate or on the Offner of that Site or Time shue Estate commencing on the date on whic,h the 0wner of the site or Time Shue Estate executes the deed-inJieu of foreclosure. 6.1.3. No Owner shall be exe,rrpt from liability for any Assessment or otha charges by waiving the use or enjoyment of any Common Element or by abandoning a site or Time Share Esate against which swh Assesments or otha charges are made. 6.1.4. Each Owner shall be personally liable for all Asessments and ottrer charges levid on such Owner or such 0wner's Site or Time Share Estate during the period of such orner's ownership of fte Site or Time Share Btate. If there is more than one ownsr of a Site or Time shue Estate, each owner shall be jointly'and sevaally liable with ttre other Owners of the Site or Time Shre Bhte for all Assessments and other charges levid on the Site or ary Owno of the Site or Time Share Eshte. 6.1.5. Each Assessment or othet chargg togBther wittr interest thereon and all costs and expenses incurred by ttre Sunli$t Momtain hopery Owners Association to collect such Assessment or other charge, including all fees and disbursanents of attorneys, accountants, appraisers, receivsrs and other profesionals engagd by the Sunlight Mountain Property Owners Asociation in connection therewith, may be recovered by a suit for a money judgment by the Sunlight Mountain Pmperty oumers Asociation without foreclosing or waiving any Asessment Uen securing the same. 6.1.6. Except as set forth in paragraph 6.1.7 below, bur notu,ithstanding anyhing else to the conkary contained in this Declaration, the sunlight Mountain Property ownos Association may not levy or collect: 6.1.6.1 any Annual Real Estate Asassment with respect to (a) my Site that is reshictd for use exclusively as Employee Housing units orused as one or Decluralion otCovenunts, Conditions and Restrictionslor firr,light Mowtain Resort Snnlight Mountain Developnent, LLC Page 20 of 5l more Communily Facilities, or (b) lhat prtion of any Site that is restricted for use aclusively as an Employee Housing Units or used as a Community Facility; 6.1.6.2ny Sales Asessmenl, Reueation Assessmen! Commucial Assessmenl, Sunli$t Mountain Property 0vmers Association Assesment Limiled Asesslent or Special Assessrnent with respect to any Employee Housing Unit or any Community Facilily; 6.1,6,3 any Real Estate Transfer Asessment with respect to (a) the Fair Muket Value of any Site that is resfticted for use exclusively as Employee Housing Units or usd as one or more Community Facilites, or (b) the Fair Ma*et Value of that portion of any Site trat is restricted for use exclusively as an Employee Housing Unit or usd as Community Facilitg or 6.1.6.4 any fusessmenl wilh rapect to Undeveloped Land which has not been asigped any quivalent units, commercial space or cafeteria space under the Sunlight Mountain PuD. 6.1.7. Notwithstanding anyfing to the contrary contained in puagraph 6.1.6 above, if, after a Transfer, a Site or a portion of a Site that was resticted for use as an Employee Housing Unit or used by the Transferor as a Community Facility prior to the Transfer ceases to be resticted for use as an Employee Housing Unit or to be used as a Commurity Facility, as appropriate, then the Sunligbt Mountain Property Ownen fusociation may levy and collect, and the Transferee of the Sile shall be liable for: 6.1.7.1Annual Real Eskte fusesments with respect to the Site or the portion of the Site that is no longer restricted for use as an Employee Housing Unit or the Transferee no longa uses a Community Facility, commencing on the date on which the Sitc is no longer restricted or the Transferee ceases such use; 6.l.7.2Sales Assessments, Recreation Assessmants, Commercial Assessments, Sunli$t Mountain Pmperty Ownen fusociation Assessnents, Limiled Asesments and Special Assessments with respect to the Site or portion of the Site that is no longer restictod for use as an Employee Housing Unit or the Transferee no longer uses as a Community Facility, cornmencing on the date on which the Site is no longer restictd or lhe Transfaee ceases such use; and 6.1.7.3a Real Estate Tranderee Assessment with respect to lhe Fair Market Value of the Site or the portion of the Site that is no longu resticted for use as an Employee Housing Unit or the Transferee no longer uses as a Community Facility, which will be due and payable to the Sunli$t Mountain Properly Ownen Association within five (5) days following the date on which lhe Site is no longer restricted or the Transferee ceases such use. 6.1,8. Notwithstanding anything else to the contrary contained in this Decluation, (i) the Sunlight Mountain Property Owners Association slull be exernpt from all Assessmenls and (ii) the Owner of the Resort Parcel shall be exempt &om Assessmenls other than the Resort Patel Assessment. Dilunttion ofCovenants. Conditions and Resticrions for Sunlight Moutain Resort Sunlight Mountoin Daelopnent, LLC Poge 2l of 5l 6.2 Budgets. 6.2.1. Prior to the first levy of an y'\sscsment, an4 thereafta, on or before &tober l" of each calendar year, tiie ExCIutive Board shall adopt a proposeu arnuat budget for the sunlight-Mountain property owncrs Asociation foi tie following calendar year that sets forth: 6.2.1.1 the Executive Board's estimates of common Expe,nses for the next calendar year; and 6.2.1.2 the amount of firnds for such Common Expenses that the Execgtive Board proposes to raise 0uough all Assessments. 6.2.2. within thirty (30) days aftu adopting a proposd annual budget, the Executive Boud shall deliver a summary of the pmposeo annua budget to all omers and set a date for a meeting of tlr Owners to consider ratification of thJpropsd annual budge. The date of such meeting shall not be less than fourteen (14) days, nor more than sixty (60) dap, after ttre delivuy of the sunmary of the proposed annual budget to theownen. unless at thal meeting sixty-seve,n percoot $7is) of all votes within the sunlight Mounhin Property 0rmen Association, whether or not a quorum is present, rejects the proposed unual budgel fre pnoposed amual budget shall be deemd ratifiod. In tlre event thuJhe proposd arurualtudget is rejected, the annual budget las ratified by the ownen shall be deemed renewed for the next calendu year and snat t*.io in n tt force and elfect until such time as fte onners rati& a zubsquent annual budget propsed by the Executive Board. 6.2.3. If the Exrcutive Board deqns it necessary 0r advisable to amend an mnual budget tha hu been ralified by the Ownus under paragraph6.2.2 above,the Executive Board may adopt a proposed arnendment to the annual budget, deliver a sumnary of the proposed arnendment to all owners and set a date for a meeting of the 0wnen to consider ratification of the propsed amendment. The date of such meeting shall not be Iess than fourteen (14) dap, nor more than sixty (60) dap, after the dJlivery of the summary of the proposed amendment, Unlas at that meeting sixty-seven percen t (61vQ of all votes within the sunlight Mountain property owners Association, whe6rer or not a quorum is preseirt rejects the proposed amendmemt, the proposd amendment shall be deemed ratifid. 6.3 AnnualRealEstateAsessrne,nts. 6.3.1. on or about.January l5o of each yeu the stmlighr Mountain property owners Association shall levy and collect from each owner, wift respect to each Raidential site, commcrcial space, Lodge Room and parccl of undeveloped Irnd ownd by such ownu, an annual assessm€nt (the "AnnuaiReal Bstate Asscssment) in an amount equal to the sum of: Declarorion ol covenants, conditions awl R*tictions for sunright Mountain Resort &tnlight Mounuitt Dewlopmat, LLC Page 22 ol 5 I 6.3,1.1with respoct to each Raidential Site owned by such Owner, the product obtained by multiplying (a) the Area of such Residential Site by (b) lhe fumual Residential Red Estrate Assessment Rate by (c) the Zone Ratio ap,plicable to such Residential Sites; 6.3.1.2 wilh respcct to cach &mmercial Space and Lodge Room owned by such Owner, lhe product obtaind by multiplying (a) the tuea of such Commercial Space or lodge Room by 0) the Annual CommerciaUlodge Room Real Estate Assasment Rate by (c) the Zone Ratio applicable to each such Commercial Space orlodge Room; 6.3.1.3 with rcspecl to each parcel of Undeveloped Land owned by such Orner, the product obtairred by multiplying (a) the fuea of such pucel of Undeveloped Iand by (b) the furnual Undevelopd land Real Btate Asesment Rale by (c) the Zone Ratio applicable to such parcel of Undevelopd Land. 6.3.2. lf a Site is owned in Time Share Btales, the Sunlight Mountain Property Ownqs Association shall allocate the Annual Real Estate Assessment payable with respect to such Site among the Owners of the Time Shue Estates on the basis of the duration of such Time Sharc Estates. Accordingly, each Owner of a Time Sbare Eslate in a Sile Srall be responsible for that portion of the Annual Real Btate Assesmenl payable with respect to such Site qual to the product obtained by multiplying: 6.3.2.1the Amual Real Estate Asesment payable with respect to ttrat Site; 6.3.2.2a fraction, the numerator of which is the number of weeks the Owner is permittd to use the Site as the Owner of the Time Share Blate, and the denominator of which is 52. 6.3.3. Based on budget estimales, the Executive Board shall determine and set forth in its armual budget the "Annual Raidential Real Estate Asesment Rale," ttrc "Annual CommerciaUlodge Room Real E$ate Assessmeut Rate" and the "Annual Undeveloped Land Real Estate Assessment Rate" required to produce the total Annual Real Estate Assessments sel forlh in such budget, on the condition lhat (i) the Annual CommerciaVlodge Room Real Estate Assessment Rate shall be no less than the Annual Residential Real Brate Assessment Rale and (ii) the Annual Undeveloped Land Real Estate Assessmenl Rate shallbe no greater than one-tmth (l/10) the Annual Residential Real Estale Assessment Rate. Unless and until such time as the ExCIutive Boud adoph different rates, (i) the "Annual Residential Real Btate Assessment Rate shall be one dollu and fifty cents ($1.50) per square foot, (ii) lhe "Annual Commercial/Indge Room Real Estate Asessmenl Rate: shall be three dollan ($3.00) per square foot ard (iii) ttte "Auual Undweloped Iand Real Estate Asessment Rate" strall be fiffeen cent ($.15 per quare foot. 6.3.4. The Sunli$t Mountain Property Owners Association shall give Owoers written notice of the amount of any dues, assessments or chuges hereundCI and the same Deckn'ution of Covenants, Conditbts ail Restrictiowlor Sualight Mountain Raort Sunlight Mauntain Developnnt, IIC Page 2i of 5l shall become due and payable.the eulier of (i) thirty (30) days after such notice shall havc been given or (ii) June 30s ofeach yeu. Any such arnounts not paid when due and payable shallbear interest until paid at the rate of eighteen p,ercent (18%) pu annum or at a rate set by the Sunlight Mounain Property Owners Association. 6.3.5. Notwith$anding anything to the contary set forth above, the sunlight Mountain Property 0vrnets Association may grant an exemption from the Annual Real Estate Assasment for any Site that is exempt from taxation punuant to Article 3, Title 39. of the Colorado Revised Statuta, as the same may be ame,lrded from time to time, or any compamble statute. 6.4 SalCI Assessmcnts. lApplicant will determine whether or not to provide for a Soles Assasment pior to approval of Preliminary Plan.l 6.5 Rocreation Assesnnent. lAppliwnt will determhe whether or not to proitle for a Recreation Assusment prior to approval of Preliminary Plan.l 6.6 Real Eitate Transfer Assessment. lApplicant will determine whether or not to providefor a Rwl Estate Translu Assasmofi pior to approval of Prelimirury plan.) 6.1 CornmercialAssessments. 6.7.1. on or about January l5s of each year, the smlight Mountain property 0wnen Association shall levy and collect fiom the Owner of each Commercial Space an umual assessurent (the 'commucial Assessment") in an amount equal to $660.00 or such other amount as ttre Executive Board shall reasonably deem appmpriate. 6.7.2. Each 0wner's Commercial Assessment shall be due and payable by such Owner withoul notice from the Sunlight Mountain Property Owners Association. Any amounts not paid by June 30' ofeach year shall bear interest at eighteen percent (1870) per annum until paid. 6.8 SnecialAssessments. 6.8.1. The Assessments that the Sunlight Mountain Property Owners Association may levy and collect punuant to this Section 6.8 are refenod to in this Declaration as 'Special Assessme,nts." 6.8.2. Il at any time, tir Executive Board believes that Common Expenses for a calendu yeu will exceed the revenues of the Sunlight Mountain Proputy Owners Association for tha. calendar year, then the Executive Board may cause the Sunlight Mountain Property Owners Association to levy and collect a Special Assessme.nt in an amount equal to the amount ofsuch excess. 6.8.3. If the Sunlight Mountain Property Orvnus Association levies a Special Assessmenl, the 0wners of each Site (or each Time Share Estate in a Site) shall pay to. the Sunlight Mountain Property Owners Association, when and in such installnrents as Declurntion oJ Covenonts, Conditions ond Ratrictions lor Sunlight Moudtain Resort Sntrlight Muutain Developnat, UC Page 24 ol 5l the Executive Boud deeux necessary or appmpriate, an amount equal to the product obtained by multiplying: 6.8.3.1 the amount of the Special fusessment, by 6.8.3.2a fraction, the numerator of which shall be the amount of the Annual Real Btate Assessme,nl levied against such Owners' Site (or Time Shue Estate) during that calendar yeu, and the denominator of which shall b the amount of all annual Real Estate Assessments lwied against all Sites during that calendar year. 6.9 LimiledAssesments. 6.9.1. The Asesments that the Sunlight Mountain Property Owners Associaion may levy pursuant to this Section 6.9 are refend to in this Declaration as 'T,inited Assessments." 6.9.2. After the adoption of an annual budget the Association shall levy and collea a Limiled Asessment lo cover expenses incuned by the fusociation at[ibutable to the operation, maintenance, repair, replacement or alteration of improvemals and services exclusively benefiting one or morg but fewer than all, of the Sites. The Limitd Assessments shall be levid only against the Ownen of such benefited Sites. 6.9.3. If the Sunli$t Mounlain Property Onners /ssocialion lwies a Limild Assessmenl, the orvners of each site again$ which the Limited Assessme,nt is asessed shall pay to the Sunligbt Mountain Property Ownen fusociation, whar aod in such inslalknents u the Execulive Board deems necessary or appropriate, aD amount equal to the product obtained by multiplying: 6.9.3.1 the Limitd Assessmenl, by 6.9.3.2 efihr. (a) a fraction, the numerator of which shall be the amount of the Annual Real Estate Asessment levied against such Owneds Sile (or Time Shue Estate) during ttut calendar yeu, and the detrominator of which shall be the amount of ttre Arnual Real Estate Assessment levied against all Sites against which such Limited Asessment is usessed during that calendu year or ft) a fraction representing such other equitable proportion as the Executive Board deems reasonably appropriate. 6.10 DefaultAssessments. 6.l0.l.Notwithstanding anything to lhe contrary contained herein, if any Common ExpeDse is caused by: 6.10,1.1 the negligence or misconducl of an Owner or such Owner's Guest;or Daclo'aion ol Covenants. Canditions ond Restrictions for Sunlight Mowttoin Resort Suilight Mountain Development, LLC Page 25 ol 5 I 6.10'l'2 _ a violation of any covenant or condition of a sunridf Mountain hopeo owners i{ssociation Document by an 0wuu or such owner's Guest, the Sunlight Mountain property owners Association may levy an Assessment against such Owner's Site or Time Shue Btarc, Any such Assessment levid by the Sunli$t Mountain Property Owners Associarion and each fine, penalty, fee or other charge impsd upon an 0wner for the violation of any cove'nant or condition of ary Sunlight Mountain Prop€rty Owners Association Documqlt by an Owner or such Owner's Guest are each refened to herein as a ,,Default Assessment." 6.l0.2.1Vidr respect to any Default Assessmenq or portion there6f, levied other 9* * a late chargg the owner of the site or Time Share Btate against which fre Sunlight Mounain Property Owners Association seeh to levy the pefaUt Assessment shall be pmvided notice and an opportunity to be heard, owners of Sites or Tine share Estates against which Default Asessments have been levied shall pay such Default Asessments when required by the sunlight Mountain property owners Association, 6.ll ResortParcelAsessment. 6.11.1. on or about January 156 of each par, the sunlight Mounhin propqty Owners Asociation shall lwy and collect from the Ownerof the Resort parcel an annual assessnent (the '?esort Pucel Asessment ) in an amount qual to $_ During the period benreen the date ttris Declaration is recorded in tt e Camefa Ounty Records and December 3 l8 of such year, the omer of the Resort pucel shall h usessed a pmrated Resort Parcel Assessment equal to the product of (i) 0te Resort pucel fusessment multiplied by (ii) a fraction, the numerator of which is the number of days during such penod and the denominator of which is 365. Notwithstanding anything se forth in this Decluation to the contary, the Raort parcel Assessment-shall noi be increased without ttre prior written consent of the ovner of the Resort parcel. 6.1 I .2. The Resort Pucel Assessment shall be due and payable by the owna of the Resort Parcel without notice from thc sunlight Mountain property owners Association. Any amounts not paid by June 30s oi each year shall bear interest at ei$teen percent (18%) pa annum until paid. 6.12 Srurlight Mounain Propertv Ownen Association Assessments. 6.12.1. subject to the provisions of paragraph 6.1.9, in addition to the other Asessments described in this Article 6, the sunlight Mountain properry owners Association may, from time to time, levy urd coilect from ownss'on, o, *ore assasments for any lawful purpose (each, a "sunlight Mountain property owners Association Assessment'), on the condition 0rat each sunlight uountain property owners Association Assesment is approved by the affinnative vote of a majority of ail votes in the Sunli$t Mountain Property Owners Associaion. Decloruion olcovenanE, contlitiow arul Resrictionsfor sunlight Moatoin Resorr Sunlight Mountain Darlopnmg LLC Page 26 of 5l 6.12.2.lf the Sunli$t Mountain Property Owners Association levies a Sunli$t Mountain hoperty 0wners Association Assessment, the 0wners of each Site (or each Time Share Esate in a Site) shall pay h the Sunliglrt Mountain Properry 0wners Associatiog when and in such installnents as the Executive Boud deems necessary or appropriate, an amount qual to the product obtained by multiplying: 6,12.2.1 the amount of the Sunlight Mountain koperty Onners fusociation Assesmenf by 6.12.2.2 a fraction, the numerator of which shall be the amount of the Annual Real Btate Assessment levied against such 0wners' Site (or Tinre Share Estate) during that calendar year, and the denominator of which shallbe tlre amount of all Annual Real Btate Asessments levid against all Sites during the calendar year. 6.13 Assiqm.ent of Assessments. The sunllght Mountain property ownen Association shall have an unresEicted ri$t to assign its d$t to receive Assessments and otber future incomq either as secuity for obligations of the Suolight Mountain Property Owners Association or otheruise. 6.14 Assessme,nt Lien. 6.14.1. The Sunlight Mountain Propefl Ownen fusociation shall have a lieo on each Site or Time Shue Estate for any Asessment leviod against that Site or Time Sbare Btate and any fines, late charges, penaltic, interest, attomeys' fees, disbursements and costs of collection imposed against its Onna unda any Sudight Mountain Property Owners Association Document. The Assessment Lien shall secure all of the foregoing obligations of an Orner tom the time such obligations become due. If an Assessmint ii payable in installments, the Assessment Uen secures each installment from ttre time it becomes due, including the due date set by any valid Sunli$t Mountain Property Owners Association acceleration of installment obligations. 6.14.2. An Assessme,nt Lien is prior to all other fiens and encumbrances on a Site or Time Share Estate o(c€pt: 6.14.2.1 liens and encumbrancps recordod prior to the recordation of this Declaation; 6'14.2.2 a Fint Mortgage which was recordd before the date on which the Assessment sougbt to be enforced became delinquen! (except to the extent the Act provides otherwise); 6.14.2.3 liens for real estate taxes and other governmental assessm€,nh or chuges agarnst the Sile or Time Share Estate. 6'14.3' The recording of this Declantion constitutes rccord notice and perfection of an Assessment Lien on each Site or Time Share Estate, No further recordation of any claim of any Assessment Lien is requird. Decluration ol covenadts. conditions antl Ruriaions lor sunlight Mounain Resort Sunlight lfiountain Developnnt, LLC Page 27 ol 5 I 6.14.4. An Assessment uen is extinguishod unless procerdings to enforce the Assessment Lien are instituted within six (6) yeus after the full amount of the /ssCIsment secured ttraeby becomes due. 6.14.5. ftis Section 6.14 does nor prohibit: 6.14.5.1 Lien;or actions or suits to recover sums secured by an Assessment 6.14.5,2 the sunright Mountain proputy owners Association from taking a deed in lieu offoreclosure. 6.14.6. ft any action by ttr Sunli$t Mountain Property 0wnen Association to collect AsCIsmfiits or to foreclose an Assessment Lien for unpaid Assessments, the c0urt may rypoint a receiver of the Onner to collect all suns alleged to be due from the Ownu prior to or during the pendency of the action A court may order the receiver to pay any sums held by lhe receiver to the Sunli$t Mountain Property Onnen Asociation during the pendency ofthe action to the extent of tlre Sunlight Mountain Property Owners Association's Assesments. 6.14.7. AnAssesmenr Lien may be foreclosd in like manner as a mortgage on real estate. 6'15 Waiver of Homestad Exeinption. By acceptance of the decd or other instgnent of fansfer of a Site or Time Share Btalg an Ornner inevocably waives the home$ead exemption provided by Part 2, Article 41, Title 38, colorado Revised Statutes, as amended. 6.16 Estoppel Certificates: Notices to Mortgageq. 6.16.1. The Sunlight Mountain Property Owners Association shall fumish to an Owner or its desiggee or to a Mortgagee or its desipee, upon unitten rques! deliverd penonally or by certified mail, first+lass postage prepaid, return receipt requegotl, to ttre Sunlight Mountain Ptoperty Owners Association registered agent, a $atement setting forth the amount of unpaid Asscsments cunently levied against such Qwner's Site or Time Share Estate. The $atement shall be fumished wirhin fourteen (14) calendar dap after the Sunlight Mountain Propcrty 0men Association's receipt of the rque$ and shall be binding on the Sunlight Mountain Property Onnus Association, the Executive Board and every Owner. [f no statement is fumished to the 0wnu, the Mortgagee or their daignee, delivered penonalty or by certified mail, first*lass postage prepaii,ietum receipt requeste( then the Sunlight Mountain Property Owners Association shall have no right to assert an Assessment Lien upon the Site or Time Shue Estate for urpaid Assessments which were due as of the date of the reque$. 6.16.2. The Sunli$t Mounuin Property Owners Association shall report to any First Mortgagee any unpaid Assessments rsmaining unpaid for more than ninety (90) days aftu the same shall have become due, if sueh First Mortgagee firs strli travi delivered to the Sunli$t Mountain Property Ownen Association a written rquest for Duluration of Covenans, Conditbns and Restrbtions for Sunlight Moutlain Resort Sunlight Mouauin Developmut, LLC Page 28of|l notice of unpaid Asessments. Any Fint Mortgagee holding a lien on a Site or Time Share Estate may pay any upaid Asessrnent with respect to such Site or Time Shue Estatq together with any and all costs and expenses incuned with respect to the Assessment Lien securing such unpaid Assessmen! and upon such payment, such Fint Modgagee shall have a lien on the Site or Time Share Estate for the amounts paid with the samepriority as a lien of the Fint Mortgage held by such Firit Mortgagee. 6,17 Admini.stration ofAssessments. 6.17.1. The Sunlight Mountain Property Owners Asociation shall have the right to inspect and copy all records of any Owner tha are relaed to the Owner's obligation to pay any Assessment or to deliver any informaion to the Sunlight Mounuin Proputy Oumers Asociation under this Article 6. 6.17.2.The Sunlight Mountain Property 0wners /ssociation may adopt any Rules and Regulations that the Executive Boud deans trecessary or appropriate with respect to the administation of the Assessments, including without limitation, Rules and Regrlations that: 6.17 2.1 rEuire Owners to roport information reguding Assesments to the Sunlight Mountain Property Owners Associatio4 including information that an Owner must obtain from the Owner's lessecs, shareholden, parhers or merrbers; and 6.17.22 relate to the Sunlight Mountain Property Owners Associition's right to inspect and copy all records ofany Owner that are relatd to the Owner's obligation to pay any Ase.ssment or to deliver any information to the Sunlight Mountain Property Owners Association under this Article 6. 6,17.3. The Executive Boud shall resolve any dispute or question reguding the imposition, applicatio4 determination, administation, palment or collection of any Asessment. Any daision made in that regud shallbe final and binding on the Sunli$t Mountain Propoty Ownen Asociation and the Oumers. ARTICtf, 7 MAINTENANCE OT COMMON ELEMENTS N{D SITES 7.1 Maintenance of Common Eleme,nts. Excqt as otherrvise provided in this Declaratio4 the Sunlight Mountain Property Ownen Association" or its duly desigpated agenl shall maintain all Common Elernents and the improvoments and landscaping located thereon in good order and repair and shall qthsntise manage md operate all Common Elements as it deems necessary or appropriate. tn this regud the Srmlight Mounain Property Owners Asociation may: 7.1.1. construct, modi$, add to, rernove, replace, repair or renovate any improvonents thal ue locatd on, or constitute a put o{, any Common Element; Derlaration ol Covenants, Cotrdilions und Re*rictions for Sunlight Mouatoin Resort Sunlight Mowtain Da,elopnent, AC Page 29 ol 5l 7'1.2. plant and reprace rees, shrubs and othel vegetation on any common Elernent; 7. 1.3' place, maintain and rElace sigrs upn any common Erement; 7,1'4. adopt and enforce Rures and Regurations regurating the use of common Elernenls; 7.1 '5. impose and conect fees for the use of any common Erement; and 7.1.6. take any other actions that the sunlight Mountain proputy oumcrs Association deems necesary.or appropriate to protec! maintain, op.oL, manage or regulatethe use of Common Elenents. 7.2 Maintenance of Sites. 7.2.1. Each Owner shall, at such 0wno's sole cost and expense, maintain such 0wner's site and the improvemenls and landscaping located thereon, or constituting a part thereofi, in good order and repair. 7.2.2. TtE, Association for each cornmon Interest c,ommunity locatd wittr sunlight Mountain Resorl" shall, at such Association's sole oost and expensq maintain such Asocieion's commo[ elerrents. 7.2.3. Il, in the reasonable judgment of the sunlight Mountain property Owners Association, an owner fails to maintain its site or ttrelmprovements oi lalrdscaing located thereon, or an Asociation fails to maintain its common elemoils, in good order and rqair, and such failure remains uncured for more than rhirty (30) days after the Sunlight Mountain Propuly 0wners Association's delivery of written notice thereof to such Owner or Association, the srurlight Mountain proprrty owners Association may enter upon such site or such common erements and pufonn such maintenance or repair as the sunlight Mountain Property o*rnen Association deeurs necesary o, ,ppropri.t, and chuge all costs and expenses incumj by the Sunlight Mountain p.rJ, Owners Association in connection therewith to such owner or such Association,s members u a Default Assessnent 7.2.4. The sunlight Mountain hoperty owners Association may, without noticg make emergency repairs to ard maintain any site or improvement locateJ thereon, or any Association's commo[ elemenrs, as may, in its judgment, be necessary for the safdy of any Person or to prevmt damage to any other property including, wittrout limitation, removal snow ad ice buildups and repair and remediation of rainwater contol meclunisms. The cost of such maintmance and repair shall be charged to the Owner of the Site or such Association's members as a DefauliAssessment. ARTICLEs ARCHITECN'RAI REVIEW COMMMTEE Declunilion af cavenants, conditiont ud Ratrictions for sunligh, Mountain Resort Sunlight Mountain Developntent, LLC Page 30 of|l 8.1 Conposition of Committee. The Architectural Review Committee is hady created to enforce the constuction requirunents and restiction under Article 8 hereof aud to otherwise ensure that all Improvernents within Sunlight Mountain Resort ue integrated and conrply with the standuds and guidelinas adopted by the Executive Board or the fuchitectural Review Committee. The fuchitectual Review Committee shall, consist of five (5) or more persons appointed by the Executive Boud providd however, that until all of the Sites have been conveyed by Declarant to Oumers otha than Declarant, the Declarant retains the right to appoint all members of the fuchitectural Review Committee who shall serve at the discretion of Decluaut. The powu to "appoint " u provided herein, shall include without limitation the power to: constitute the initial monbenhip of the Architectural Review Committee; appornt member(s) to tlre Architectural Rwiew Committee on the occurence of any vacancy therein, for whatever reason; and remove any member of the Architectual Review Committee, with or without cause, at any time, and appoint the successor thereof Each such appintnent may be made for such tenn(s) of oflice, subject to the aforesaid power of removal, as may be met from time to time in the discretion ofthe appointa. 8.2 Review bv Committee. No Improvements shall be constructed, erectd placqd, plantd applid or instdld upon any Site, or upon any Common Element, unless complae plans and specifications therefor (said Plam and spcifications to show exterior desigr, height, materials, color, and location of the Improvem€nts, plotted horizontally and vertically, location and size of driveways, location, size, and type of landscaping, fencing, walls, windbreaks and grading plan, as well as such other materials and information as may be rcquird by tlr Committcc), shall have been fint submitted to and approvd in writing by the fuchitCInral Review &nunittee. The fuchitetural Review Committee shall exercise its reasonable judgment to the end that all Improvements conform to and harmonize with the existing sunoundings, residencs, landscaping, stuctures and laws. In its review ofsuch plans, specifications and other materials and information, the fuchitectural Review Committee may require that ttre applicants reimbune the Committee for the actul expenses incuned by the Committee in the review and approval process, with such submittal fees to be set by the Executive Boud. Such amouuts, if any, shall be lwied in addition to other fusssments agarnst the Site for which the rquest for fuchitectural Review Committee approval was made, and shall be subject to the Sunlight Mountain Property Owners Association's lien for assessments and subject to all other rights of the Sunlight Mountain Property Owners Association for the collection of such assessmenh, as more fully providcd in this Decluation. 8.3 Reguirpd Aepmval by Any Sub-Association fuchitatural Commiuee. In addition to approval of Improvement to Property by the fuchitectural Review Committee of the Sunlight Mounain hoperty Owners fusociation, approval of an hnprovement shall also be required by the fuchitectural Committee of any Sub-Association if and to the extent set forth in the Documents related to such Sub-Association. 8.4 Criteria for Approval. The Architectural Review Committee shall approve any proposd Improvement only if it deems in its reasonable discretion that the Improvement in the location indicatd will not be detimentalto Sunlight Mountain Resort, that the appeuance of the proposed Impmvemenl will be in harmony with the sunounding arzu of Sunlight Mountain Resort and that the Improvement will not detract from the beauty, wholaomenes and Declaration of Covarus, Conditions and Restrictions lor Sunlight Mowtain Resort Sunlight Mountain Developtut, LLC Page jl of5l at[activemess of Sunlight Mountain Resort or the eojoyment thereof by 0wnus. rhe Architectural Review Committee ruy condition its approval of any proposd lmprovement upon the making of such changes therein as the Architectural Committee may deern appropriae. 8'5 Procedures. The kchitectural Review Conrmittee shall approve or disapprove all rquests for approval within forty-five (45) dap affer the complele submission of all plans, specificalions, and other mataials and information which the Committee ruy rquire in conjunclion therewith. [f the fuchitectural Review Committee fails to approve or disapprove any request within forty-five (45) days after lhe complde zubmission of all plans, specificationq materials and other information with respoct thereto, approval shall not be rquired and this Article shall be deernd to have been fully complid wittr. 8.6 V-ote and Appee!. A majority vote of the Architectual Review Committee is required to approve a request for approval pursuant to this Article, r'nless the Comminee has appoinld a represenlative to acl for it, in which case the decision ofsuch representalive shall control. In the event a representative acting on behalf of the fuchitectural Review committee approvd or denies a request for architectural approval, auy Ovina shall have the right to an appeal of such decision to the full Committeg upon a request therefor submittd to the Committee within thirty (30) days after such approval or denial by the Comminoe's representative. 8.7 Records. The Architectual Review Committee shalt maintain written records of all applications submitted to it and all actions taken by it thereoq and such records shall be available to Members for inspection at reasonable hours of the business day. 8.8 Liability. The Architectrual Review Committee and the members thereof, u well as any rcpres€ntaive of the Committee appointed to act on its be}tal{, shall not be liable in damages lo any Poson submitling rquests for approval or lo any owner by reason of any act, approval, disapproval, or failure to approve or disapprove in regard to any matter within its jurisdiction hereunder. 8.9 Vuiance. The fuchitectural Reviav Committee may grant reasonable variances on or adjustnenls from any conditions and reshictions imposed by this Articte, in order to over'come practical difficulties or prevenl unnecessary hardships arising by reason of the 4plicaion of any such conditions and resrictions. Such vuiances or adjustrnents slull be grantd only in case the granting thereof shall not be materially detimental or injurious to lhe other property or improvemenls iu the neighborhood and strall not militate against the general intent and purpose hereof. 8.10 Waiven. The approval or cons€nt of the fuchitectualReview Committee, or any representative thereof, to any applicalion for architectural approval shall not be deemd to mnstitute a waiver of any ri$t to withhold or deny approval or consent by the Committee, or any representative thereo{, as to afly applicAion or other matters whatsoever as to which approval or oonsent may subsquently or additionally be requird. Declaralion of Covenants, Conditions arul Restrictions for Sunlight Mountoin Resor! Sunlight Mounnid Developnmt, LLC Page j2 of 5 I 8.ll Enforcement. Any Improvement constructc( whether completed or not, in violation of this Article shallbe deemed to be nonconforming. Upon written request from the Executive Board or the Decluant Orrnen shall, at their own co$ and expense, remove such Impmvement and restore the land to substantially the same condition as existed prior to lhe nonconfonning work, Should an Owner hil to rernove and restore as rquird, the Executive Boud or its desigrees shall have the right to enter the propcrty, rcmove the violation, and restore the property to substantially the samc conditions as previously existed. All costs, together with the interest at the maximum rate then allowed by law, may be assessed against the Site and collectd as a Default Assesment. ARTICI,E9 COVENANTS, CONDITIONS AND RESTRICTIONS 9.1 Applicabiliw of Covenants. Conditions and Restictions. Except as othenvise providd hereirl the covenants, conditions and restrictions set forth in this Article 9 shall apply to of treProperty. 9.2 land Use Reshictions. In addition h the covenants, conditions and ratictions found in this Article 9, ttre Sunlight Mountain Pmperty Ormcrs Asociation, all Owners and the Associations for all Common Interest Communities within the Sunli$t Mountain Resort shall comply with ttre following, as the same may be amaded fiom time to time: 9.2.1. all cov€nanh, conditions and resrictions set forth in this Declaration md any Supplemerrtal Declarations for Sunlight Mountain Resort or any portion thereof recorded with the Clerk and Recorder of Garfield County, Colorado; and 9.2.2. ny and all protective covenants, easementq reservations and restrictions of rmord. 9.3 Consruction and Alterations. Without the review and prior written consent ofthe Architctural Review Committee, no Person shall take any action which requires the prior written approval of ttre Architectural Review Conmittee. 9.4 Enforcernent of Reshictions. 9.4.1. If the ArchitecturalReview Committee determines, in ih sole and absolute discretion, that an Owner is in violation ofany tern or condition set forth in Section 9.3, it shall notifr the Srurlight Mountain Prope$ Owners Asociation of such violation urd the Sunlight Mountain Property Ownen Association shall take one of the following actions: 9.4.1.1The Sunlight Mounain Property Owners Association may, by written notice to the Owner, revoke any approval previously granted to the Owner by the fuchitectural Review Committee, in which event the Owner shall, upon receipt of such notice, immediately cease any construction, alteration or landscaping covered by the approval so revokd. Declorotion of Covenanls, Cotditiorc und Restictiow for Sunlight Mountain Resort Sunliglrt Mountain Developnwt, LLC Page 3j of 5l 9.4.1.2If the violation remains urcurd and the Owner does not receive approval from lhe fuchitectural Review Committee to reinitiate the project pusuant to the procedures set forth in this Articlq the Owner shall be responsible for all costs ard expenses associated with retuming the Site to the condition ofthe Site beforc such violation. The Sunlight Mountain propaty Owners Asociation may, but is not obligated to, enter upon the Owner's site and cure such violation at the Owner's sole cost and expense. If the sunlight Mountain property oruers Association cures any such violatiorq the owner strail pay to the sunli$t Mountain Property ownen Association the amount of all costs and expenses incuned by the Sunlight Mounlain Property Owne$ Association in connection therewith within thirty (30) days after the Owner receives a Default Assessnent therefor liom the Sunlight Mountain Propertyowaers Association. 9.4.1.3 without prejudice to any otho rigbts aud remedie available to it al law or in equity, the sunlight Mountain Property owners Association may sue the Owner to enjoin such violation. 9.4.1.4 without limiting the foregoing ttre sunlight Mountain property Owners Association shall have all other rights and remedies available to it at law or in equity. A[ rights and remedies of the sunlight Mountain property Owners Association shall be cunulative and the exercise ofone (l) right or remedy shall not preclude the exercise ofany othu right or remedy. 9.4.2. The sunlight Mountain Property Owners Association may delegate any of ils ri$ts under puagraph 9.4.1 above including, without limitatioo, its Assessnent Lien rights, to the fuchitectural Review. Committee. 9.4.3. None of Decluant, the sunlight Mountain property owners Associatiorl ttre Architectural Review Comnifree, the holder of the United States Forest Service permit isued for the sunlight Mountain Ski fuea, or any of their respctive members, officerg directors, eryloyees or agents shsll be respomible or liable for any defects, enors or omissions in any plans or specifications submitter( revised or approvod under this Article 9, nor for any defects, enors 0r omissions in consfiuction punuant to slch plans and specifications. A consent or approval issued by the fuchitectural Rpview &mmittee means only that [re fuchitectuial Review Committee believes that ttp construction, altuation, instdlation or other work for which the consent or approval was rquested complies with this Declaration. No such consenl or approval shall be interpreted to mean that the constnrctioq alteration, installation or other work covuod thereby (a) complies with laws, rules, regulations, ordinances or other requirements of any govemmental or quasi-governmental authority, (b) is fre€ from defertq €noni or omissions or (c) lies within the bounduies of the Site. No consen! approval or permit isud by the Architectural Review Committee shall relieve 0wners or other Persons of their obligations to comply wift laws, rules, regulations, ordinances and other rquirements of governmental or quCIi-governmental authorities. 9.5 Nuisances. Hazardous Activities and Unsigbtliness. Declmution ol Covenag, Conditions and Rer,tnctions for Sunlight Maunuit Raort Snnlight Mounuia Developnent, UC Page 34 of 5l 9.5.1. No Person shall conduct any activity in Sunlight Mountain Resort which creales a nuisance, as detennind by the Executive Board. 9,5.2. No Person shall mnduct any activity in Sunlight Mountain Resort which is or might be hazudous to any Person or proputy. Mthout limiting the generality of the foregoing: 9.5.2.1 no opn fires shall bo allowed to exis! unlas mntained in a customary barbecue grillor other structure ryproved by the fuchitectural Review Committee; 9.5.2.2rn fireams may be dischugod; and 9.5.2.3 no hunting may be mnductd. 9.5.3. No unsi$tliness shall be pernittd in Sunli$t Mountain Resorl Without limiting the generality of the foregoing: 9.5.3.1all exterior mechanical quipment lines, wires, pipes and other facilities shall, whenever possible, either be burid or e,nclosed within a stucture appmved by the fuchitectural Review Committee. 9.5.4. Ihe Sunlight Mountain Property Ownen Association shall have the powa to grant variances fiom the terms and conditions of this Section 9.5 from time to time as it dee,ms necessary. Normal constnrction activities and normal commercial activities shall not be considered to violate the terms and conditions of this Section 9.5. 9.5.5. Notlithstarding anything to the contary contained in this Decluation or in any other Sunlight Mountain Property 0wuus Association Document, relail stores, restaurants, bars, nightclubs, lheaters and other recreational and entertainment facilities may be open for busines with the general public during the houn of 5:00 am. thmu$ 2:00 am. Each Owler and the Association of each Common Interest Community within Sunlight Momtain Resort (i) acknowldges that Sunlight Mountain Resort is a high density pedeskian mmnrmity with both residential and commercial uses, which mmmercial uses are expectd to genual an unpredictable mount of noise, odon and other nuiunces and (ii) waives any and all ri$ts or causes of action against Declarant, the Association and the 0wncrs of Commercial SpacCI caused by, arising out of or related to any such uses, noises, odon and other nuisances. 9.6 Compliance with laws. Nothing shall be done or kryt within Sunli$t Mountain Resort in violation of any law, ordinance, rule or regulation of any governmental or quasi- governmental authority. 9.7 Compliance with Insurance. Except as may be approved in writing by the Sunlight Mountain Property Owners Association, nothing shall be done or kept within Sunli$t Mountain Resort which may rezult in an incrrue in the rates of any inzurance, or the Declarution oJ CovenanU, Conditions anil Restrictiots for Sunlighl Mountain Raort Suilight Mouauin Developnut, LLC Page 35 of 5 I cancellation of any insurance, maintaind by ttB sunlight Mountain property orners Association. 9.8 Resuiction on Subdivision and Remning. 9.8.1. Except as may be permittd undu a declaration for a Common Intaest Community locatd within Sunlight Mountain Resort that Decluurl recnrds in the Garfteld County Records, no portion of the Propaty shall be suMivided wittrout the prior writrcn consent of the Suulight Mountain Propery Owners Asociation, which consent must be evidenced on the plat or other insrument creating the subdivision. 9.8.2. No further covenants, conditions or restictions shall be recorded by any Owner orother Person against anyportion of the Proputy without the Sunlight Mountain Ptotrrty Owners Association's prior written consent, and any covenanh, Lnditions or resrictions recorded without such consent evidenced thereoo riatt br null and void. 9.8.3. Except as may be permittd under a declaration for a Common krte.rest Community locatd with Sunlight Mountain Resort that Decluant records in the Garlield county Records, no 4plication for rezoning of any prtion of the propefi and no 4plications for variances or use permits, shall be filed witlr any govemmental-authority, rurless the proposed use ofthat portion ofthe Propery has been approvod by the Sgnlighi Mounlain Property Owners Association and the proposed use otirenrise compties wi'ttr this Derlaration and all other Sunlight Mountain Property Owners Association Documents. 9.8.4. fte covenants, conditions and reshictions set fofih in paragraphs 9.g.1, 9'8.2 and 9.8.3 above shall not apply to Declarant's development, use oi opiration of the Initial Property or any other property owned by Declaranl 9.9 Common Interest Ownership 9.9.1' Prior to the recording in the Garfield County Records of ur inshgment submitting any portion of the Property to comnlon intere$ ownership, the Owner of such properly shall submit to the Suulight Mormtain Property Owners Association for its review and approval, copies oftlre pmposd declaration, uticles of incorporation and bylaws of the Association. Wtlrin ttrirty (30) days after the submittal of such documents to the Sunlight Mountain Property Owners Association, the Sunlight Mountain Froperry 0wners Association shall approve or disapprove the documents Uy urrinen notice to sucl Owner. If such documenh are dispproved by the sunlight Mountain properg Ownss Association, the Sunli$t Mountain Property Ownen Asociation shall set forth the reasons for such disapproval If notice ofapproval or disapproval is not given by the Smli$t Mountain Properfy Owners Association on or before such thirty figj Oay perloO, such documents shallbe deemed to be approved. 9.9.2, The covenants, conditions and reshictions set forth in paragraph 9.9.1 above shali not apply lo Declarant's development of the Initial Property oi any other property owned by Declarant. Dcclurution ofCovenants, Conditiotts onil Restictionsfor Sunlight Mounlain R,r,oil Sualight Mounnin Developnent, LLC Page 36 of5l 9.10 Mineral Exploration. No portion of the Property shall be used in any mannfl to explore for or to remove any water, oil or othu hydrocarbons, minerals of any kind, gavel, earth or any earttr substance ofany kind. 9.ll Wells. Water and Sewaqe. No water wells shallbe permitted on any portion of the Property, without the prior written approval of the Sunli$t Mountain Property Owners Association. All buildings, structures and improvements designed for residential, commercial or lodging purposes shall be connectd to such water and sewer services as the Sunlight Mountain Property Owners Association may require. g.l2 Vehicles and Equip,ment. No automobile, fuck, pickup, camper, moto6ike, motorcycle, hailbike, hailer, mobile home, traclor, golf cart, snowmobile, boat or any othu vehicle of any type shall be parked or operated within Sunlight Mountain Resort, except in accordance with the Rules and Regulations adopted by the Sunlight Mountain Property Onners Association with respect thereto. 9.13 Trash. Garbage and Other Waste Materials. AU [ash, ga6age and other waste materials shall be kept in sanitary containers enclosd and screened from public view and protected from disturbance in such places and maDners as may be approved by the Architectural Rrview Conrmiftee. Owners shall not, and shall eruure that ttreir Guats do not, letter in Sunli$t Mountain Resort. No buming of rash garbage or waste materials shall be peflnittd within Sunlight Mountain Resort. Notnithstanding the foregoing, the removal of all hash, garbage and other waste materials from each Site shall comply with the terms and conditions set forth in Section 8 of the respective Filing Declarations. 9.14 Deliveries. All deliveries made within Sunlight Mountain Resort shall be made in accordance with all Rules and Regulations adoptd by the Sunli$t Mountain Proper$ Owners Association with reryect thereto. 9.15 Resfictions to Mtisate Lnpacts on Wildlife. lRutiaions to nitigate impac* of development on wikllife will be ircerted in accordance wiih all appliuble mnditiora of approwl. In a&lition to other sections of this Declaration that afuhess such matters as pet conlrol and fencing the Applicant suggests that $tch reshictioru will, at a ninimum, addrus prohibitions against feeding, pets onUhorc, locatiorc of allowable bird'feederc, storage of barbeque gnlb, allowable trash containers, mainternnce ol uisting vegelation, other restrictioru rehtd to dealing with burs, anil the education ol0wners relating lo issues which arise as a rault of living in areas frequented by wildlife.l. 9.16 Declarant's Exemption. Nothing contained in this Declaration or any other Sunlight Mounhin Property Oqmers Association Document shall be construd to prevent or limit: 9.16.1, Declarant's exsrcise or enjoyment of any Declarant Ri$t; or 9.16.2. the conduct by Decluant or its ernployees or ageuts of any activity, including, without lirnitation, the erection or maintenance of temporary stuctures, Dcdurution of Covenus, Conditions aill Ralriclions for Sunlight Mountain Rzsort Sunlighl Mountain Duelopneng LLC Page j7 ol ll trailers, improvements or signs, - nmessary or convenient to (i) lhe development, construclion, marketing or sale of.property with sudight ttountain Resort or iii) tr,, development, constructiorl marketing opuation and mainlenance of a destination ski resort. ARTICLE IO EASEMENTS AND RESERVATIONS I0.l Declarant's Easements. l0.l.l' Declarant hereby reserves for itself, its successors and assigns a general easement over, across, through and under the Common Elemenh to: l0.l .l . I discharge Decluant's obligations under this Declararion; 10'1.1.2 exercise any of Declarant's rights under this Dectuatiorq and 10.1.1.3 make or constuct improvemenls at the property, the Additional property or any other rear estate owned byDecruant. l0.l'2' Decluant hereby reserves for itsell ih succesors and assigns a general easement over, across, tkough and under all of the Property to install oiprojeit suctr lighting and signage as Decrarant shail deem necessuy or adviiabre. 10.1.3. Decluant hueby resenes t0 ilself, its successon and usigrs the right to: 10.1.3.r esabrish from time to time utility and orher easemenh, permits or licenses over, across, through and under the Common Elements; and I 0. I .3.2 creale olher reservations, excqptions and exclusions for the best interest of the sunlight Mountain property ownus Asociation. l0.l.4.ln addition, unril such time as Decluant adds any portion of the Additional Property to Sunlight Mountain Resort, and after sucn timi as Decluant witMraws any portion of the Property from Sunli$t Mountain Resort, Declarant shall have whatever easements arc reasonably necessary or desirable u.ros ih. propoty for access to and utility services for the Additional Property or the portion ofthe proierty withdrawn from Sunlight Mountain Resor[ as the case may be. 10.2 0wners' Easements Ovu Common Elemeuh. 10'2'1. Subject to the terms and conditions of this Declaration and all other Sunlight Mountain Property Owners Association Documents, each Owner shall have a nonexclusive easement over, rcross and through the common Elements: I 0.2. I , I for iugress to and egres fiom their Site; and Dechration of covenants. conilitions ad Ratrictionsfor sunlight Mounuin R*,oil Snnlight Mouatain Developnent, LLC - page Jg of;l d''t, 10.2.1.2 to use and enjoy the Common Elements. rc.2.2.Eehowner may grant its right under this Section 9.2 to any Guest of the 0wner. 10.3 Utilitv Easement. 10.3.1. Subject to the terms and conditions of this Declaration ard all olher Sunlight Mountain hoperty Ovrners Asociation Documents, Decluant hereby creates a gateral eassment over, acrcss, through and under all of the Property, for ingess to, egress fror; and installation, replacement rryair and maintenance o[ all utility ard service lines ud systems, including, without lirnitation, watfr, sewer, gas, telephone, electricity, fiber optic and cable communication tlut sewice Sunlight Mountain Resort or any prtion thereof or any other buildings designated by Decluant. The Sunli$t Mountain Property Owners Asociation may, but is not obligated to, authorize the release ofportions of the genazleasememt created by this Section 10.3 upon the request of any Owna showing good cause therefor. 10.3.2. Punuaut to this easement, a utility or service company or the Sunlight Mountain Consolidated Metrropolitan DiSnict may install and maintain facilities and quipment on the koperty to provide service to any portion of the Property. Notwithstanding anything to the contrary containd in lhis section 10.3, no sewem, electrical lines, water lines, lelephone lines or other utility or service lines may be installd or relocated on any portion of the Property, excopt as approved by the fuchitectural Revie\v Committee. Any utility or service company using this generar easem€,nt shall use its best effors to install, repair, replace and maintain its lin€s and sy$ems without unreasonably disturbing the uses of owners, the Sunlight Mountain Frope$ Owners Association, Declarant and othu utility and service companies, 10.3.3. If any utility or service company fumishing utilities or services to Sunlight Mountain Resort or any portion thereof rquests a specific easement by a separate recordable document, the Sunli$t Mountain Property Ourners Association shall have the right and authority, but not the obligation, to grant such easement over, across, ttrough ard under any portion ofthe Property. 10.4 Sunlieht Mountain Propertv Owners Association's Easoment. l0.4.l.Declarut herdy grants the Sunlight Mountain Property Owners Association an easement ovff, acrcss, tlrough and under all of the Property to: 10.4. l. I exercise any rigt held by the Sunli$t Mountain property owners Association under this Declaration or any olher Sunlight Mountain Property Owners Association Document; and 1A.4.1.2 perform any obligation impsed upn the Sunlight Mourtain Property ownen Asociation by this Declaration or any other sunri$t Mountain Property Owners Association Document. Declarution ofCovenanE, Canditions antl Resrbtions for Sunlight Mountain Resot Sunlight Mounwin Developnent, LLC Page i9 ol 5l 10'4.2. Notwithstanding the foregoing, the Sunlight Mounain property Oqmers Association shall not enter upotr ani Site wittrout reasonaLle prior notice to the gwner of the Site, except in cases ofemergency. 10'5 Emerqencv Access Easement. Declarant hereby grants a general easement to all police, shuif[, fue protection, ambulauce, and all other similar emergency-agencies or persons to enter upotr the Property in the property performance of their duties, 10.6 Meho Distict Easement. Decluant hereby grants a general easement to any metropolian disrict, including, but not limited to the Sunli$t Mounain Meropolitan Districi or other special disEict providing services or facilities to Sunlight Mountain Resort to ent6r upon the Property in the proper performance of their duties. 10.7 Resort Easemenl Declarant hereby grants a general easement to the holder of the Unitd States Forest Permit issued for the Sunlight Mountain Ski fuea and its Guests over, across and through all roads, s[eets, sidewalks and trails 0rat cros the Property, as such roads, streets, sidewalks and trails may be relocated from time to time, for ingres-and egress from thi Sunlight Mountain Resort. 10.8 Easement for Encroachments. Declarant haeby grants an easement to all Associations o{, and to all Owner's Sites withiq any common inrcrest communities created by Declarant within Sunlight Mountain Resort, for any encroachment of any improvernent witlin any such cornmon interest community consructed by Declarant or, ic,osr, over, under or through any Conrmon El€mcnt or any Site. 10.9 Recorded Licenses andEasements. TheProperty shall be subject to all easernents and licenses as shown on any recorded plat affecting the Pioperty and to any other oasements or licenses of record or of use as of the date of recordation of this Declaration. The recording data for all presently recordod easemeots and licenses appurtenant to, or included in, some or-all of the Property have been set forth on Exhibit aitached hereto. In addition, ttre prcperty is subject to all easements created or permitted by this De,claration. ARTICLE TI INST'RAI\CE I 1.1 Association' The Sunlight Mountain Property Owners Asociation shAt obtain ,uA maintaio uff insurance required to be obtained and maintained by the Sunlight Mountain property 6wners Association under the Act and any additional insurance that the Executive Board deerns necessary. ll.2 AdjHstments. Any loss coverd by insurance maintained by the sunlight Mounuin Property 0wners Association shall be adjusted with the Sunlight Mountain fropeity 0wners Association in accordance with 0re tenns and conditions of tne nct. The insuranci proceeds payable for any such loss shall be paid in accordance with the terms and conditions of the Act. D-edururion of covenants, conditions and Reshictionsfitr sunlight Mounruin R*ott Sunlight Mountain Developmut, LLC Page 40 ol 5 I ARTICLE 12 CASUATTY l2.l Cuuqlty to Common Elements. The Sunlight Mountain Property Oruners Association shall respord to any damage to, or destruction o[ any Comrnon Elements in accordance with the teirns and conditions of the Act. 12.2 Casualty to a Site. Each Orvnu shallbe respnsible for repairing or replacing any damage h, or destruction o[, his Site. If an Owner elects not to repair or replace any such damage or destruction, the Owner shall: 12.2.1. landscape the Site in accordance with plans approved by the Architectural Review Committee; and 12.2.2.nanrlain such Site in a neat and atftactive condition, free of hazards. ARTICLE 13 SPECIAI DECLARANT ruGUTS l3.l Improvemen!$. Decluant hereby reserves for itself, ih successon and usigns the rigbt to constuct any impmvements that it deems necessary or appmpriale on the Common Elements and on any Sites owned by Decluant. 13.2 DevelopmentRights. 13,2.1. Declaranl hereby reserves for itself, its successon and assigrrs: 13.2.1.1 the right to amend this Decluation to add all or any portion of the Additional Property to Sunli$t Mountain Resort with the consent of the Orners of such Additional Property; 13.2.1.2 the right lo create as many Residential Sites, square fed of Commercial Space, lodge Rooms and Community Facilities with Sunlight Mountain Resort u permiltd by the Sunlight Mountain PUD, and any other zoning applicable to the Property; 13.2.1.3 the right to amend this Declaration to create additional Sites and certain additional Common Elemenrc on all or any prtion of the Additional Prope$ or any other real e$ate that the Decluant may add to Sunlight Mountain Resod pursuant to subparagraph I 3.2. l. I above; 13.2.1.3.1 the ri$t to subdivide any Site owned by Decluant; 13.2.1.3.2 the right to combine any Sites ownod by Dclarant; De<:luration oJ Covcnuns, Conditions and Re$ictiotu for Sunlighl Mountain Resort Sualight Mounuin Dewlopnmt, LLC Page 4l o{51 _ 13.2.1.3.3 the ri$t to converr any Site owned by Declarant into Common Elements; ,n" J:',#fr,, ff ffi:,T,:T# ;rHilifif,H"ll[ Resort; and **,n #,'#i,* ffi Jfll ##_g*X, j:& *ffit;, ffiH: 13.2,2.1n exucising any development right resemd hereunder, Declarant shall execute and record an amendment to this Decluation in accordance with the requirements of the Act. 13.3 Sales oflice,,s .end Mgder Homes. Declarant hereby ruerves for itse[ its successors and assigns the right to uraintain salm ofliceg managementbffices and models within any Site owned by Declarant. Declarant also reserves for itself, its successors and assigns tlre right to constuct and maintain signs advertising Sunlight Morurtain Resort, or any bisiness located in sunlight Mountain Res04 on any and all cbmmon Elements. 13.4 Exersising Special.Declarant Rishts. Decluant may exucise is Special Declarant Ri$ts at any time. Declarant may exercise its Special Declarant Rights in any order and no assuance is given as to the order in which Declarant will exercise its ipecial Declarant RiShts. f Declarant exercises any Special Declarant Right with respect to any portion of the Property or the Additional hoperty, Decluant may, but iJnot obligated to, exercise that Special lecluant Right with respect 1o any otha portion of the Property or the Additional proierty. Notwithstanding anything to the conbuy containd in this Declaration, Declarant may exerciie any Special Declarant Right described in this Article l3 and any othu right reserved to Declarant in this Declaratioq without the consenl of the Sunlight Mountain Property Owners Association or of anyof the Owners. 13.5 Interference wi$ Declarant Riehls. Neither the Sunlight Mountain hoperry Owners Association, nor any Ownu rnay take any action or adopt any i.ule or Regulation that interfere with or diminishes any Declarant Righl, without Declarant's prior writen consent. Any action taken in violation ofthis Section 13.06 shall be null and void and have no force or effect. 13.6 RiShts Translerable. Decluant may tansfer any Declarant Right reserved to it under this Article 13 or under any other provision of this Declaration in acirdance with the terms and conditions of the Act. ARTICTE 14 ENFORCEMENT AND REMEDIES l4.l Enforcemert Declaratioa olCovenanrs, condifions awl Restrittioufor sunlight Mou*abt Resort Sunlight Mountain Developnat, LLC Page 42 of 5I 14.1 . I . Each provision of this Declaration with respect to the Sunlight Mountain Property 0wners Asociation or the Common Elements shall be enforceable by Declarant or any 0nner by a proceeding for injunctive relief. 14.1.2. Each provision of this Declaration wittr respect to an 0wner, an Associuion for a C,ommon Intaest Community, a Site or a Time Share Estate or Vacation Club Points sirall be enforceable by the Declarant or tlrc Sunlight Mountain Property Owners Association by: 14.1.2.1 aproceeding for iirjunctive relief; 14.1.2.2 a suit or action to recovu damages; and/or 14.1.2.3 in the discretion of the Sunli$t Mountain Property Ownas AsociatioU for so long as any Orrner or Association for a Common Lrterest Community fails to comply with any zuch provisions, exclusion of such Owner and its Guests tom the use of any common Elemens and from tlre participation in any Sunlight Morurtain Property Orrners Association affain. 14.1.3. In addition to ttre rights and remedies describd in paragraph 14.1.2 above, if an Oumer or Asociation for a Conmon Lrterest community fails to perform or observe any covenant or condition on such Ourner's or Association's pat to be performed or observd under this Declantion or any other Sunlight Mountain Property owners Association Documenf tlre Sunlight Mormtain Property owners Asociation slrallhave the following rights and remdies: 14.1.3.1 The Sunli$t Mountain Pmperty Ownen Associatiur may, but is not obligatd to, cure such failure to comply at the Owner,s or Asociation's sole cost and expense. If the Sunligbt Mountain hoprty Orvners Asociation cures any such failure to comply, the Owner or fusociation shall pay to the Sunlight Mountain Property owners Association the amount of all costs incuned by the sunlight Mountain Pmperty 0wnen Association in connection therewith within thirty (30) days after the ovmer or Association receiva wdtten notice of a Default Asscsment therefor from the sunlight Mountain pmperty Ownen Association 14,1.3.2 The Sunli$t Mountain Property Ownus Association may fine the owner orAssociatioq as a Default Assesmenl an amount not to excod $100.00 for each violation. Ttre owner or Association shall pay any such fine to ttre Sunlight Mountain Property onners Association within thirty (30) days after the 0vgner or Asociation receives written notice of a Default Assessment tlrerefor fiom the Sunlight Mountain Property Orvnen Association 14.1.3.3 The Sunlight Mountain hoprty Owners Associuion shall have all othu right and remdies available h it under this Declaratio4 at law or in equity, Decluation ofCovenan$, Contlitions ond Restriclionslor Sunlight Mountain Resort Sunlight M ountain Developnenl, LLC Page 4j ol 5 I 14.1.4' AII ri$ts and remedie of tre Sunlight Mountain property Owners Association shall be cumulative and the exercise oione right or remedy shall not preclude the exercise of any other ri$t or remdy. l4.l.5.The Sunli$t Mountain Property Owners Association may adopt such Rules and Regulations as the Executive Boud deems necesary o, rypropriute to administer and enforce the terms and mnditions of this Declaration and the other Suulight Mountain Property Owners Association Documents. 14.2 Attorneys' FeE. In the event of any dispute under or with respect to this Declaration or any other Sunlight Mountain Property d*ners Association Doiurnent, thepevailing party shall be artitled to recover fiom the nonpevailing puty all of its costs md expenses in connection thercwith, including without tirititioo, rdfu *d dirbuor*ents of any attome)6, accountants, e,nginems, appnisers or otha profcsionals e,ngaged by tlre prevailing pafty. l4-3 Interest. If any 0wner or an Association for a Common Intere$ Community fails to pay to the Sunlight Mountain hoperty 0wnen Association any Assessment or other amount due to the Sunlight Mountain Property Oumers fusociaion as and when the same becomes dug the Owner or Association shall pay to the Sulight Mounhin Pmperty gwners Asociarion interest on such unpaid amount at the rate of ei$teen perccnt (182.)pei annum finm the due date ofsuch unpaid amount until the date paid. 14.4 Right to Notic.e and Hearing. Whenevo the Sunligt Mountain property Ownen Association Documents rquirc that an action be take,n after'hotiL and hearing,,,itre ioltowing procedure shall be observed.. lhe prty proposing to take the action (e.g., the Executive Boar{ Architectural Review Committee or a committe€-or ofiicer of ttre Sunfi$t Mountain hoprrty Ovmen Association) shall give notice of the Fopoqd action to all olvn'en whose interest the proposing puty reasonably detamines woutd be sigrificantly affected by the proposed action. The notice shall be deliverd personally or mailed not leis thur three (3) daln before tre proposed action is to be take,n. Ihe notice shall include a general sarcmint of the proposd action and the date, time and place of the hearing. At the heuing, ttre affected Oruner siulihave the right, personally or by-representative, to give testimony orally, in uniting o, bod, i;specified in the notice), subject to reasonable rules of procdure'establishedly the party conducting the hearing to assure a prcmpt and orderly rerolrtion of fte issues. Suih evid-ence shall be mnsiderod in making the decision but shall rot bind the decision makers. The alfCIted Owner shall be notified of the decision in the same manna in which notice of hearing was given SV Ouo" having a riSht to notice and hearing shall have the ri$t to appeal to the Exeutive Boud fom a decision of a proposing paty other than the Executive UouU Uy filing a written notice of appeal with the Executive Board within ten (10) tlap after being notified of the decision. Executive Board shall conducl a hearing witrin forty-five (a5) days -thereafter, giving the same notice and observing the same procedures as were requird for ti,r origiouf freuini. efi decisions ofthe Executve Board strall be final and binding. 14.5 ualve,. Failure by Declaranf the sunlight Mountain hoperty owne$ Association or any Owler to enforce any covenant, condition, restriction, reservation, easement, Detlurntion ofcovenonts, conditions uud Restrictions for sunlight Mourtain Resorr Slenlight Mouatoin Developnent, LLC Page 44 ol ll assessment, chuge, lien or other provision of this Declaration or any other Sunlight Mounain hope( Owners Asociation Documenl shall in no way be deemed lo be a waiver of th. right ro do so lhereafler. ARTICLE 15 TERIT{ ANDAMENDMENTS l5.l rerm. The covenanls, conditions, resticrions, reservations, easemenrs, assessments, charges and liens set forth in this Dectaration shatlrun with and bind rhe property until the DCIluation is terminated pusuant to Section 15.2 below. 15.2 Tennination. The Owners may terminate Sunlighr Mountain Resort and this Decluatior by an eighty percent (80%) or greatu vote of all votes in the Sunlight Mounlain Property Owners Associaion If the necessary votes are obtaind, the agreemenl of the Ownen to terminate Sunlighl Mountain Resort and this Decluation shall be eviJenced by a tennirulion agroomonl or ratificalion thereof, execuled by tbe rquired numbu of Owners in accordance with the terms and conditions of the Act. Upon recnrdalion of the tenninarion agreement in the Garfield County Records, Sunlight Mountain Resmt sball be terminated, this Dectaration Sall have no further force or effect, ard the Sunlight Mountain Proputy Owners Association shall be dissolved. Notrvithstanding the foregoing, the 0wners may not terminate Sunlight Mounlain Resort or this Decluaion during the Declarant Control Period, without th. Declronl,s prior written consent, which consenr Declarant may withhold in its discretion 15.3 Amendments. . l5-3.l.Except for provisions of this Decluation regarding the rights and obligations of Decluant, which may not be amendd without Dechrtt's 6oi written consenl, Ownus may amend any provision of this Declaration at any time by an eighty p€rcent (80%) or greater vote of all votes in the Sunlighl Mountain property or1,; Association. If the necessuy votes are obtained, the Sunlight Mountain Propury Owners Associaion shall cause to be recorded in the Gufield County Records au amendmenl to the Declaration in accordance with the terms and conditions of the Act. Notnithstarding the foregoing, tbe Owners may not amend this Declaration during the Declarant Control Perio( without the Declarant's prior writlen consent, which conseul Declarant may withhold in its discretion. 15.3.2.In addition lo Decluanl's other rights to amend this Declaruion and the Map as set forth in this Decluation and the Ad, Decluant may: 15.32.1 amend this Declaration and the ptat ro conect cluical, typographical, technical orother enors; and 15.3.2.2 amend this Declaruion to comply with the requirements, slanduds or guidelines of recomized secondary mortgage mukets, he ! -elartment of Housing and urban Development the- Federal Housing Adminisratio& the veteran's Adninisraioq the Federal Home Loan Mortgage Declarotiott ofcovenants, contlitiow and Restrictions lor sunlight Mouttuin Reton Stnlight Mountain D*elopnent, LLC Page 45 ol 5l Corpration, the govemmeot National Mortgage Association or the Fderal National Mortgage Asociation. 15'3'3. Notwithltanding the terms and conditions of paragraph 15.3.1 abovq rhe Declaranl may amemd this Declaration as expressly pmvided herein, without the approval of the 0rners. ARTICLE 16 MISCELLAT{EOUS 16.l Interpretation.of the Declaration, Except for judicial construction, &e Sunli$t Mountain Property Owners Association, by its Executive Bou( shall have the exclusive ri$ito consrue and intapret the provisions of this Declaration. In the absence of any adjudicai-on to the contrary by a court of competent jurisdictioq the Sunlight Mountain iroprrty Ormas Association's constuction or interpretatioo of the provisions herof shall be final, conclusive and tinding as 1o all persons and properg bmefited or bounrt by the covenants and the provisions hereof, 16.2 Severability.. Any determinaion by any court of competent jurisdiction thal aoy provision of this Declaration is invalid or unenforceable shall not affect tlre validity and enforceability of any other pmvisions hereof. 16.3 Dsclaimer. of Reprcsenutions. Nonnithsanding anything to the contrary containd in this Decluatiou, Declarant makes not warrailies or rEresintations whatsoever thit the plan praently envisioned for the complete dwelopmmt of Suuiight Mounain Resort can or will h canied out or that any land now ownd or hereafter acquired by Declarant is or will be subjected to this Declaration, or.thal any stch lan( whether or not it has been nrbjectetl to this Declaration, is or will be committed to or developd for a particular use, or that, ii such land is once usd for a puticulu use, such use will continue in effect. 16.4 Reference tp.D$luation and Deeds. Deds to aud instrumenrs affecting any Site or any otha put of Sunligh-Mounain Resol may contain [re pmvisions set forth t n io ty refennce to this Declaration, but regudless of whether any such reference is made in any &ed or instrument, each and all of the covenants, confitions, resricdonq rcse,lvations, easeme,nts, assessmeDts, charges and liens set forth herein shall be binding upon the granteaowna or other Person claiming tlrough any deed or other instument and his or her hein, executors, administration, successors ruld assigns. 16.5 Successors an( Assims of Declarant. Any reference to this Declantion to DCIlarant shall include atry suocessors or assignees of Declarant's rights and powers haarnder, on the condition tha Decluant's rights and powen may only be assiped Uy a written recorded instrument expressly assigning such rights aud powers. 16.6 Caotions md Titles. All captions and titles of headings of Articles and SCItions in this Decluation are for the purpose of reference and convenience and ue not to be deernd to Declaratwn of cavenanrs, cotulitiow awl Reilrictionslor sunli$t Mountaia Resort Sunlight Mouatain D*elopnent, IJC Page 46 of 5 I limit, modifr or othenvise affect any of the povisions hermf or to be used in derermining the intent or context thereof. 16.7 Exhibits. All exhibits attached to this Declaration are a part o{, and are incorporated into, this Declaration, 16.8 Goveming Law. This Decraration shail be govemed by and construd in accordance with Colorado law. 16.9 Noticg. All Owners of each Site shall have one and the same registered mailing addres to h used by the Sunlight Mountain Property Owners Association or otber 6wners foi notices, denunds, and all other communications regarding the Sunlight Mountain property Owners Asociation matters. The Owner or the represeotitive of the bwners of a Site slnil furnish such registoed address to the secretary of the Sunlight Mountain property Ownen Association within ten (10) dap after transfer of title to the Site io such Ownu or Owners. Such registration shall be in written from and signed by all of the Owners of the Site or by such persons as are authorized to represent tho interests of all Owners of the Site. If no address is rcgistered or if all of the Owners cailnl agree, then the address of the Site shallbe deemod their registered addres of the Owne(s), and any notice shall be deemed duly given if delivered to the Site, All notices and demands inte,ndd to be served upon the Suntigtrt Mountain propery Owners Asociation shall be send t9 the following address or such otheriddress as the Sunlight Mountain Property 0wners Association may designate from time to time by notice to ihe Owne(s): Sunlight Mountain Development, LLC Drclarot,on of covenanrs, comlitions and Restricliots lor suntight Mowain Resort Suulight Mouwoin Development, LLC Page47 of|l IN WITNESS WHEREOF, Sunli$t Mountain Developmenl LLC as hereunto caused its name lo be sigttd by the signature of its duly authorized officer u of the day and year first written above. SI.JNLIGHT MOTJNTAIN DEVELOPMENT, LLC, a Florida limitd liability company Michael McCormick Title: STATE OF COT'NTY OF On this _ day of , 200_, before mq pasonally appears Michael McCormick, who acknowledged himself to be tlre of Sunlight Mountain Development, Ll'c, a Florida limited liability company, and that his as such officer being aulhorized to do so, executd thc foregoing inshument for the purposes therein contained, by signing the name of the company, by himself as such officer, Wibress my hand and official scal. Notary Public Mycommision expires: Declaration ol Covenants, Conditions and Ralriclions lor Sunlight Mowtain Resort Snnlight Mountain Developnent, LLC By: ) )s. ) Page 48 of 5 1 4.08.05 (2) (g) Provision for Utitities (g) Provision for water, sewer, telephone, electricity, gas and cable television. a. water - For the detailed description of legal and physical water see section 4.08.05 (7) (eXD. b. Sewer - For the detailed desoiption of waste water treatment see section 4.08.05 (7) (e)(ii) c. Natural Gas - Kinder Morgan is the service provider at the resortpresently; they have indicated they can and will serye the development butwill require upgrades on their existing infrastructure. The can and will serve letter is attached. d. Power - Holy cross is the service provider at the resort presenfly; they have indicated they can and will serve the developmerit with u1g existing infr:astructure they have. The can and will serye letter is'attached. e. Phone - Qwest is the service provider and they have indicated they will have to bring phone service up from the iniersection of Midland and Four Mile Road. This will be planned br by including additionalconduits within the Roaring Fork pipeline trench inen it is construc.ted. The can and willserve letter is attacfred. f. Gable - comcast is the service provider and they have indicated they will have to bring cabre up from the intersection of Dry park andFour Mile Road. This wifl be planned fur by including additionalconduits within the Roaring Fork pipeline trench when it is constructed. The can and will serve lefter is attacfred. (.v ia, toot GLENWOOD giPRINGS I Ie w. OrH, sunE ZOO (r-B{rffirsFnxcsr @ At€Ot 970€45-rOO4 Fx: e7oe45-5948 ASPEN F,o..Box 2 I 55 aBPEN,cogl6tZ s70az3s727 Fr(: e7m25.4 t 57 CF'EsTED AUTTE P.o. 6ox 3088 c;rt3tED BUrrE. CO E l2a 97034+5355 Fx: e7O349-53So RE: Strnlfght,ski Area Development - GanlWll serve lefrer request DearRon: I repr,esent the Sunlight Development that is being planned at the base of Suntight Mountain Resort. lt is my knowledge that you are the Nafural Gas service provider at that lo-cation. I am rdquestirg a,elnAilill serue letter for the sketcfr plan portion of our planning for the following uses ((ris is not Public information at this time): 750 Residential units, a mix of multi-family, @ndos and single family homes 0.5 MGD water plant 0,5 MGD Aeromod wastewater plant 1 00,000 SQFT of oommercial lf you have any questirons, please call or e-mail: drrisL@sonrinc,com Sincerely, SGHMUESER GORDON ilEYE& tNC. Chris Lehrman, E.l. Design Engineer Cc:Mark Bumell, SE Group - e-+nail Larry Green, Balcomb and Green - e'mail Louis Meyer, SGM -e-rnail l:\2006\2fi)6-632\Dry UlilltesKlnder Morgna udlly Request $.1147.doc Source Gals 0096 Conty Rd 160 Glcryood Stlngl (}1160l p70)928fl8 rd4houc ArrN: **XWsoLnRturffe**7* ,ro-,{SFro{ fAX #i COM?AIYY: mom Noof Pl3-: I lYrqrz*ctr- --- -i-t -------_------ lft!ilgr Um Sem l*r- mig[t ffi Attr nlrtNo[Drur -(:r"Grysah@' uo;*qr- nrlJ-rt-r - Phqi rrtg,hmur+@ ttrr*yol, Ro- Zrfrnh crcr.o.@ emo{a@ orusroGO ti r. t: liodnoON I r.neren F s:uavEYoRs .t GI,.ENWOOO SPRINGS I 16 w. erH, surE 2OO ql,*llooSFFNG, COellec)l 970't)45- rOO4 Fx:970€45-594€ ASPEr{ F.o. Box 2155 A3PEN,coOlOIa 9704254727 Fx: 97O€e5-4 I 57 CRESTED BIJTTE P.o. Bo)( 3OgB CFESTEo BUTTE. co 8 I 22 e7os4*535s , Fx: 97O349.S35a RE: Sunlight Ski Area Development- Can/Will serve letter request DearRex: I repr'esent the Sunlight Development that is being planned at the base of Sunlight Mountain REsort. tt is my knowledge that you are the Porner service provider at that location. I am requesting a canAvill serve lefter for the sketc*r plan portion of our planning for the following uses (this is not Public information atthis time): lf you have any questions, please call or e-mail: cfrrisL@som-inc.com Sincerely, SCHMUESER GORDON trrEYE& tNC. Chris Lehrman, E.l. Design Engineer Cc:Mark Bumell, SE Group - e-mai! Larry Green, Balcomb and Green - e'mail Louis Meyer, SGM - e-+nail !r\2006E00,&592\Dry tttililiesWoly Cross t Ufy Requotr $14-.07-doc 50 Sprin$s, CO 81602 cRqss May I 5. 2007 3799 HtcFtwAY 82. PO BOX2lso Gr.Etv1100D SPRINGS, COLORADO St@2 (970) 94s-s49t . FA)( p7q 94!4081 RECETVEI} Mr. Chris Lehrman Sch m-u es e r/Gordon/M eyer I I E West-6. Street, Suiie Zfi)urcmi,ooct spriogs, CO EtOOI RE: Sunllght Skl Area Oevelop.ena,rpr*r.n,, Dear Mr. Lehrman: The above mentioned development ls wlthln the cbrtificated servlce area of Holy cross Energy. #*t",r-au;iiti#i:ffnry.-tffiia;$i':iand new extensronsnecessary to ietivii aderguqe p;,ilil";rd withrn the deveripment.rv* beIlfi['"r;igx"j[?;;: iffi:fl l"li;i;HrF;6ffi ;:;iit"'onli"'t-"ii"=gL'"nt'"na ;[H:.:*'se when you wish to proceed wlth the development of the electric system for thts Slncerely, HOIY CROSS EtlERcy%u Rex O. Berens, Englneedng Depanment ffi RB:rrrv bcrln{tchrmor A Trrlxe EEEII C.*.*6.fQ lrAY I 12007 .t GL€NWOOD SPFINGS I 1€} w. GrH, surrE aOO crte$mo sFnllca, co e leol C)70€45- I OO4 Fx: e70€45-594e ASFEN P.O. sOX ? 155 asPEN,COSlet2 a70925<727 il: e7OQ23-4157 CRE.STEO BUTTE P.O. BOX 3086 CFESIED TUTIE, CO 8 I2E 97q349-5355 l F1(:97OS4e-5356 l i lia rpe RE: SUnl[ht Ski Area Development - Can/lltlill serve letter request DearJason: I nepresefi fie Sunlight Development that is being planned at the base of Sunllght Mountain Resoft. lt is my knorledge that you are the Telephone service provider at that location. I am requesting a canAruill serye letter for the sketcft plan portion of our planning for the bllowing uses (this is not Public information at this time): 750 Residentialunits, a mix of multi-family, condos and single family hornes Wabrplant Wasteurater plant 100;000 SQFT of commercial lf you have.any.queslions, please call or e'mail: cfirisL@sonr,,inc.com Sincerely, SCH]{UESER GORDOI{ METER, INC. Chris Lehrman, E.l. Design Engineer Cc:Mark Bumell, SE Group - e-mail lany Gheen, Balcomb and Green -e-mail Louis Meyer, SGM - e--rnail l:\2006200E93{Dry udtdoe\qrct U0lly Requeot $1 4{7,Ax i; ITGORDON i Ueren'l!l':E S:URVEYORSi. Aye S$rings, CO 81601 : RD9N I Meren U RVEYORS GI-€NWOOO SPRTNGS I 16 w. eni, sunE 2OO o.Elrio@ sPil{3a, co € l60l 070€45- I OO4 Fx: !,7OG,45-5O48 ASPEN P.O. BOX 2 155 A3P€N. co 8l6l 2 970e?55727 F* 970A25.4137 CRESTED EUTIE P.o. Box 3088 CRESEO 6t,rrE, CO I I aZ 970349-5355 Fx:97G349-535A RE:SUnllght Ski Area Development- Can/Will serve letter request Dear Mike: I repfesent the Sunlight Development that is being planned at the base of Sunlight Mountain Resort. lt is my knowledge that you are the Cable and High Speed Intemet service provider at hat location. I am requesting a carutivill serve letter for the sketcfr plan portion of our planning for the following uses (this is not Public inbrmatbn at this time): 750 Residential units, a mix of multi-family, @ndos and single f'amily homes Water plant Wastewater plant 100,000 SQFT of commercial lf you have any questions, please callor e-mail: chrisL@som-inc.com Sincerely, SGHMUESER GORDON ilIEYER, INC. Chris Lehrman, E.l. Design Engineer Cc:Mark Bumell, SE Grotp-e.mail l-any Green, Balcomb and Green - e-mail Louis Meyer, SGM -e-mail l:Um6\20066321Dry t liite\Comcast Wliy Request $14-O7.doc G"mcqst May 15, 2Wl Sdrmu eser/Gordon/Mever Clrds Lehrman sE Group Balcom and Green Glemrood Springs, Cotonado RE: $nflgfttSktAreaDerolopmentSt tred Sprlngr, CotoraOL Dear.Cftris: Please accept thls letter as conflrma0on of comcast of cololado/Ftorlda, lnc.,s abfliry to\ pudde caarl *ndto trt "apuon"o-@, The provlelon ofservlce ls mnthgentupot suocessfr'rl negotiatbn" or"n rgEr;t betrreen the devetoperand cqncastGable. ;#frffiffii?#sfl#flfrmauon, please contast Mtcrraet Johnson at e70€2s Slncetdy, *t*ltrlW Mir*rael Jotrr,son/ Congh.rct'on SupeMsor Cololado Maftei Thb lqtbrt! nothkn q, b *.ffi#"ff ffifr Hflffi ffi rfr Hffi #ffi F#?#'*&il.';ffi.ililI;tffif#',ffi.:g .frfffiy-r*rse,'ia&'ilt[Iiiro,"i,s,"u"r SUNLIGHT MOUNTAIN RESORT SKETCH PLAN STORM DRAINAGE ENGINEEzuNG REPORT STJNLICHT MOTINTAIN RESORT PUD Subnritted to: SE Group 301 West Main Street Suire 201 Frisco, CO 80443 Submitted for: Sunlight Mountain Development, LLC 4399 Commons Drive Destin, FL 32541 January 18,2008 preoared by: Licensed Engineer: Daniel J. Cokley, p.E. Schmueser Gordon Meyer, Inc. SCHMUESER I GoRDoN I r,aevrn I 18 Wesr 6t, Suite 200 Glenwood Springs, CO gl60l Sunlight Mormtain Resort Sloml Drsin ge R€port l/18/2008 TABLE OF CONTENTS I. INTRODUCTION ....... I l.l. Overview................ ...................... I 1.2. Pertinent County Code Sections.............. ....... I 2. DflSTING OFF-SME HYDROLOGIC CONDITIONS.......... .............. I 3. E)ilSTING ON.SITE TTTDROLOGIC CONDMONS...... ,...................2 4. 1 OO-YEAR FLOODPLAIN EFFECTING ON-SITE DEVELOPMENT .......... ........ 2 5. STREAM SETBACKS ...................3 6. DEVELOPED DRAINAGE PLANAilATER QUALITY ...................... 3 7. SI{EETS Dl-D5........ ......................4 8. APPENDX ................ l0 8.1. Log Pearton Type trt..... ............ 10 8.2. HEC-RAS Results.... .................. 15 SCX{MI ESE&@XEONIMEYER" INC. Sunlight Mounain Resort Storm Drsinagc R€pon 1. INTRODUCTION 7.7. Overuiew This report presents the rezults of a preliminary investigation into a storm drainage system intended to serve a new development at the base of Sunlight Mountain Resort (SMR). This report covers the Sunligbt Mountain Resort plannsd Unit Development. Sunlight Mountain Resort is located in Garfield County in the Four Mile Creek watershed approximately l0 miles southwest of Glenwood Springs, Colorado. The subject property is approximately 468 acres. The proposed development includes approxirnatety tfO residential units, 100,000 square feet of commercial space and on-mountain improvements including a new snowmaking system designed to cover approximately 120 acres of skiing terrain (including terrain paxks). The type of residential unit varies across the project and consists of condominiums, townhouses, duplexes, and single family residences. The development will be primarily located in Sections 3Z and 3l of Township 7 South, Range 89 West of the 6ePrinciple Meridian and Sections 4 and 5 of Township 8 South, Range 89 west of the 6e Principal Meridian. A vicinity map indicating the general location of the proposed SMR development and the associated water resource featres is provided as Sheet Dl, attached. The preliminary drainage plan presented in this report provides a summary of the following: existing on-site and off-site drainage conditions; a preriminary analysis of the impact of the Four Mile Creek 100-year floodplain; a general description of thl proposed drainage plan including detention for any increase peak runoffrates due to deveLpment; and techniques for addressing the water qualit5l of any generated mnoff. This report meets the approved drainage standards outlined in the Land Use Regulations for Garfield County. 1.2. Pertinent County Code Sectioas - 4.08.05 (7) (e)(iii) Drainage: The proposed method in which storm drainage will be handled, demonstrating'that adjoining prope4y owrers would not be damaged by the development; and (A97-109). 2. EXISTING OFF€ITE HYDROLOGIC CONDITIONS SMR is located 10 miles up Four Mile Creek from its confluence with the Roaring Fork River. Four Mile Creek flows through the middle of the proposed development. i. stnesm gauging station was maintaired by the USGS for ihe period nom iOOt- L}ST ta g- 30-1965. This gauge was located approximately one quarter mile downstream of SMR Property. The exact location is Latitude 39'24'az-,tongitude la7"lg,z6-,NAD 27, at an elevation of 779o ft above mean sea level (NGVDzg). ALog pearson Tlpe III analysis was performed on the peak flow data from this gauging record @uititi" l78 of the lnteragency Advisory Commi666 on Water Dat4 1982). The results of this enalysig indicate that, at this location, the instantaneous annual-ma:rimum peak flows ha"ing recurrence intervals of 100 and 500 years are 450 and 571 cfs respectively. The 1986 Garfield County Flood rnsurance Study published by the Federal Emergency Menagement Agency (FEMA, 1986) indicates that, at the mouth of Four Mile Creelq the ScHMtiESER C,ORDON MEYE& INC. Sunlight Mountain Resort Stom DraiaageSR@rt instantaneous annual-maximum peak flows having recurrence intervals of 50, 100 and 500 years are 1200, 1400 and 2250 cfs respectively. Given the small size of the Four Mile Creek data set, the results of the Bulletin l78 analysis should be used conservatively. The 100-year flood flow rate is assumed to be the upper 95% conlidence limit for the Bulletin l7B results. A flood flow of I I 19 cfs represents a conservative estimate of the peak flows in Four Mile Creek at this location. Addifionally, the proposed development receives nrnofffrom 17 drainage basins which are tributary to Four Mile Creek These basins are located on the north and south sides of Four Mile Creek. These basins and their areas axe indicated on Sheet Dl. The results of the Log Pearson Type III analysis are presented in the appendix. 3. EXISTING ON€ITE HYDROLOGIG CONDITIONS On site conditions generally consist of undeveloped property with native vegetation, althoug:h there is some small amount of development associated with the current ski area and lodging operations. Existing vegetation consists of a mix of aspen forest, spruce/fir forest oak forest, and open meadows and ski fiails. As previously mentioned the proposed development receives runofffrom 17 drainage basins which are tributary to Four Mile Creek These basins are located on the north and south sides of Four Mile Creek. These basins and their areas axe indicated on Sheet D1, attached. The larger tributary basins, such as Babbish Gulch, contain defined sheam channels which carry water most or all of the year. These defined channels are indicated on Sheet D2 through Sheet D5. The smaller tributary basins are not large eirough to contain defined steam channels and ruoofffrom these basins occurs in the form of sheet flow or shallow concentrated flow. In addition to the small number of channels located on the properfy there are numerous springs and wetlands located throughout the property. These wetlands have been delineated and are displayed on Sheet D2 through Sheet D5. All development will adhere to all pertinent wetlands regulations (Federal, State, County, etc). Every effort will be made to minimize impacts to wetlands and riparian axeas. All planned drainage in&astnrcture will be designed so that the historic inflow and outflow to each wetland is maintained. Additionally, any stormwater runoffthat discharges into wetlands will be treated in a water quality facility/inlet that will reduce pollutants prior to discharge. 4. IOO.YEAR FLOODPLAIN EFFECTING ON.SITE DEVELOPMENT A HEC-RAS analysis was performed for Four Mile Creek throughout the development to ensure that all development takes place outside the 100-year floodplain- The 100-year flood flow used for this analysis was I I t9 cfs (see discussion of flood frequency enalysis in the Existing Off-site Hydrologic Conditions section above). The channel was conservatively modeled with a Manning's n of 0.04 and the flood plain was modeled with 4 |v{anning's n of 0.06. The model extends at least 200 yards above and below any proposed development. Sheet D2 through Sheet D5 show the 100-year flood limits as well as the required 30 foot setback Additional modeling will be performed as necessary for detailed design to determine the 100-year flows and flood limits in the remaining 17 tributary basins. The complete rezults of the HEC-RAS anelysis are presented in the appendix. 2SCHMUESER GORDON MEYE& INC. '*l',**H:lH:'* l/t8/2008 5. STREAM SETBACKS County regulations require that all development is located a minimum of thirty (30) feet from the normal high water line. Since detailed survey information regardingthe location of the normal high water line is not available a HEC-RAS analysis was performed for Four Mile Creek throughout the development to ensure that all development is located a minimum of thirty (30) feet from the normal high water mark. A Log Pearson Type III analysis was perfomred on the peak flow data from this gauging record (Bulletin l78 of the Interagency Advisory Committee on Water Data, 1982). The 2-year flow was used to determine the location of the normal high water mark (see discussion of flood frequency analysis in the Existing Off-site Hydrologic Conditions section above). The 2-year flow is 213 cfs. The channel was conservatively modeled with a [{anning's n of 0.04 and the flood plain was modeled with a Manning,s n of 0.06. The model extends at least 200 yards above and below any proposed devetopment. Sheet D2 through Sheet D5 shows the required 30 foot setback from the normal high water mark (2-year). 6. DEVELOPED DRAINAGE PLAN/WATER QUALITY The final drainage plan will implement Best Management practices @Mp,s) so as to maintain natural drainage patterns, detain stormwater flows to historic peak discharge rates and provide adequate water quality provisions to limit pollutants. Successful stomrwater management plans address stormwater management at a number of different scales: from the localized runofffrom individual lots to the overall runofffrom the entire developed basin. A detaited constnrction stormwater manege,ment plan will be developed to limit constnrction impact to Four Mile Creek Sheet D2 throug[ Sheet DS indicates the potential locations of drainage infi:astnrcture such as culverts, dete,lrtion facilities, and snow storage areas. These locations are based on a preliminaq/ assessment of the concept plan rendering received on August 28,2007. The locations of these facilities may change as detailed drainage plans are developed. Individual lots will be graded to provide positive drainage away from buildings. Additionally, wherever possible, lots will not discharge onto adjacent lots. Where possible, drainage from the individual lots will be directed towards vegetated infiltration area.s, water quality sfrtrctures (e.g. a sand filter, water quality inlet, etc.), or oonv€yatrce structures which discharge into a detention/water quality basins. Runofffrom imfervious arqas, such as roadways and parking lots, will be treated to improve water quality prior to being discharged into local waterways or wetlands. Parking areas will be provided with adequate snow storage areas. These snow storage areas will drain into water quality facilities/inlets that will reduce polluants. Stormwater runoffwill be detained so that during the 2-year and 25-year, 24-hour stonn events nrnofffrom the developed property will not exceed historic rates. Detention may be provided on individual lots or on a regional basis as development and conditions dictate. SCX{MITESER GORDON tvlEYE& INc. Sulight Mountain Resort Stom Drainrge Rqort l/r82008 8. APPENDIX The following sheets contain the rezults of the Log pearson Type Itr and IIEC-RAS analyses. 8.1. Log Pearson Type lll 1 Program PeakFq Seq.000 .000 Ver. 5.0 Beta 8/ Time 05 / 06/2005 06/L4/200'7 14228 Program PeakFq Seq.001-.001 Ver. 5.0 Beta 8 / Time os / o6 /2005 06/14/2007 74 28 Print option Debug print Input peaks llsting Input peaks format : Yes:NO = Long = WATSTORE peak file U. S. GEOLOGICAL SURVEY Annu'a1 peak flow frequency analysis following Bulletin 17-B Guidelines --- PROCESSING OPTIONS --- PIot option : None Basin char output = None Run Date Input files used: peaks (ascii) - r:\2006\2006- 5 32 \DRAINAGE \ FOURMI LE\ FOURMILEPEAK. TXT speeifications - pKFeWpSp-TMp output file (s) : main - I:\2006\2006- 5 32 \DRAINAGE\FOURMI LE\FOURMI LEPEAK . PRT 1 St.ation - 09084600 TOURMILE CREEK NEAR INPUT DATA SUM U. S. GEOLOGICAL SURVEY Annual peak flow freguency analysis following Bull-etin 17-B Guidelines Run Date GLENWOOD SPRINGS, CO. MARY Number of peaks in record Peaks not used in analysis Systematic peaks in analyslsHistoric peaks j-n analysis Years of historic record Generali-zed skew Standard error Mean Square error 8 0 8 0 0 -0.300 0. s50 0.303 SCTIMSEiR} GORDON 'EYER. INC.10 Sudight Mountrain Resort Stom Drrirugc Rcport Skew option Gage base discharge User supplied high outlier threshold User supplied low outlier crj_terj-onPlotting position parameter **WCT118W-SYSTEMATIC RECORD SHORTER THAN I.?B SPEC. WCF134I-NO SYSTEMATIC PEAKS WERE BETOW GAGE BASE. 0.0 WCF198I-LOW OUTLIERS BELOW FLOOD BASE WERE DROPPED. 37 .4 WCF163I-NO HIGH OUTLIERS OR HISTORIC PEAKS EXCEEDED 314 .7 WCFO02,I-CALCS COMPLETED. RETURN CODE = 2 1 WEIGHTED .-o.o 0.00 ********* NOTICE Preliminary machine computations.********* ********* User responsible for assessment and interpretation. **t****** 1 HHBASE. Program PeakFq Seq.001.002 Ver. 5.0 Beta I ,/ rime os/o6/2005 06/L4/2007 14t,28 SKEW SYSTE}IATIC RECORD L.022 BULL. 1-7B ESTIMATE 0.098 U. S. GEOLOGICAL SURVEY Annual peak flow freguency analysis following Bulletin 1?-B Guidelines Run Date Station - 09084600 FOURMILE CREEK NEAR GLENIiOOD SPRINGS, CO. ANNUAL FREQUENCY CURVE PARAMETERS -- LOG-PEARSON TYPE III FLOOD BASE LOGARITHMIC EXCEEDANCE DISCHARGE PROBABITITY STANDARD IIIEAN DEVIATION 0.0 37 .4 1.0000 0.8?s0 2.t421 2.L918 0.298s a.2049 ANNUAT FREQUENCY PROBABILITIES ANNUAL LIMITS CURVE _-DISCHARGES AT SELECTED EXCEEDANCE IEXPECTED 95-PCT CONPIDENCE ltS@;:INC. Sunlight Mountain Rcsort Slorm Draiugc Report 1n8t2m8 EXCEEDANCE BULL.1?B SYSTEMATIC PROBABILITYI FOR BULL. 178 ESTIMATES PROBABILITY ESTIMATE RECORD ESTIMATE LOWER UPPER 0. 9950 L2.5 0.9900 t7 .2 0. 9500 38. 1 0.9000 55.3 o.8ooo 104.8 82.7 gg.4 6s.5 138 .5 0.6667 L27.-t 115.1 L25.0 BB-t 168-4 0.5000 156.7 l_55. 8 155 _ ? 11s.72t3.L 0.4292 170.4 L74.4 171.8 L2.t.8 237.4 0.2000 231.8 249 .3 243.6 17s.3 37t.2 0. r.000 283 .2 300 . 6 312.6 209.0 511. s 0. 0400 349.5 353.0 420.8 248.1 726.0 0.0200 399.7 384.1 s22.9 2-7s.5 911. 9 0-0100 450.4 409.6 650.4 301.8 1119.0 0_00s0 502.0 430.5 813.0 327.5 1350.0 0-0020 571.8 452.8 1106.0 360.7 1692.0 1 Program PeakFq U. S. GEOLOGICAL SURVEY seq.001 .003 ver. 5-0 Beta 8 Annuar peak flow frequency anarysis Run Date/ Time 05/06/2005 following Bultetin 17-B Guidelines 06/L4/2007 L4:28 stati-on - 09084500 EOURMTLE CREEK NEAR GLENwooD spRrNGs, co. INPUT DATA LISTING WATER YEAR DISCHARGE CODES WATER YEAR DISCHARGE coDEs" 1958 125.0 L962 303. O1959 111.0 1963 35. O1960 11s.0 1964 26-t .O selll\flffisEnEoRDot{@Nc.t2 1 961 Explanation of PEAKFQ NWIS CODE CODE Sunli ght Mountain Resort Stdm Drrinagc R.port l/I8/200E 131.0 196 5 234.0 peak discharge qualification codes DEFINTTION Dam fallure, non-recurrent flow anomaly Discharge greater than stated value Both of the above Discharge less than stated value Known effect of regulation or urbanizationHistoric peak U. S. GEOLOGTCAL SURVEY Annual peak flow frequency anal.ysis following Bulletin 17-B Guidelines D3 G8 x 3+8 L4 K 6ORC H1 eonputatioi 1 Program PeakFq Seq.001.00tl Ver. 5.0 Beta B / Tine 0s/06/20as 06/L4/2007 L4:28 Station. Minus-flagged discharge -- Not used in computation -8888.0 -- No discharge value given Mlnus-flagged water year -- Historic peak used j-n Run Date - 09084600 FOURMTLE CREEK NEAR GTENWOOD SPRINGS, CO. EMPIRICAL TR,EQUENCY CURVES -- WEIBULL PLOTTING POSITIONS WATER YEAR L962 L964 19 55 1961 1 9s8 r,960 1,95 9 19 63 RAN(ED DISCHARGE 303.0 261 .O 234.0 L3r_.0 125.0 r.15.0 1"1"1.0 35.0 SYSTEMATIC RECORD 0.l-11,1, 0.2222 0.3333 o .4444 0.5556 0 .6667 o."t'118 0.8889 BULL.17B ESTIMATE 0. 111L 0.2222 0. 3333 o .4444 0.55s6 0.666'7 0.7778 0. 888 9 End PEAKFQ analysis. Stations processed Number of errors Stations skipped Station years 1 0 0 a SCHMT ESBR' GO&,DONII{EVE& INC.13 Sunlight Mountain Resort Stom lrnjtrsgctR@rt 8.2. HEGRAS Results 2-Year (Normal High Watermark Determination) ScHMt ESmiGORDOt{-ttEt@,INC.15 Sunlight Mountain Resont Storm Dniorgc Rcport r/1Er2008 SCIIMTIBSRTGOXDONMETET,INC.l6 Sunli ght Mormtain Resort Sorm Drainagc R.cport tnS|2NE MEY.E&,INC.t7 Sunlight Mouutain Resort Storm Drainagc Rcporr l/1E/200r SCHMT,ESER GORDON It.rgrER. INc.l8 Sunlight Mountain Resort Storm Drainagc Rcport t/l E/200E SCHMUESIERi@RJTiON,MBUE&:INC.l9 Sunlight Mountain Resort Storm Drairagc R€port l/lE200E S@,INC.20 Sunlight Mountain Resort Storm Draioagc Report l/t82mE s@rNc.2l Sunlight Mountain Resort Storm DtaiiEgc Rc?ort l/lt/2008 SCHMT'ESEK@RDON MEYE&, INC.22 Sunlight Mounain Resort SlormDrsiorgc R@rt l/t Ey200E SCHMUESERGOBXTONTMEYm, INC.23 Sunlight Mountain Resort Sorur Drainagc Repoa l/lE200t s@rNC.24 Sunlight Mountain Resort Storm Drainage Report l/l 8/2008 SWINC.25 Sunlight Mountain Resort StormDrsin gcRcport l/t812008 scHMttsSER€ORDON Ii,rEYE& rNC.26 Sunlight Mountain Resort Storm Draiorgc R@rt l/lUz(xlE SCHMIJESERTGORDON MESE& INC.27 Sunlight Mountain Resort Storm Draiorgc R@rt l/tE/2008 s@,hrc.28 67,'JM lusn8[N&uomEssr,trulfs 800zt8r/r Uod.U otsoFro uuoos uoseU rnqunol I tqtfunS Sunlight Mountain Resort Saorm Drainsge R@rt l/t 8/2008 SGI{MI'ESEIT€OIDONIXTEYBR, INC.30 Suulight Mountain Resort Storm Draiflage Rcpott l/l&200t SCHMUESER. GORDON"MEYE& INC.31 Sunli ght Mountain Resort Storm Drainagc Rcport vfinmB scltr{uEsBR GoREoNMEYE& rNC.32 Sunlight Mountaio Rcsort Storm Drdi@gc Rcpoil vl8tm08 SCHMUESETGOADON;MEYE&,INC.33 Sunlight Mountain Resort Storm Drainagc Rcport l/tt/2@8 SCIftTUBSEX,iOORDON ME"TER. INC"34 Sunlight Mountain Rcsort Storm Draimga Rcport vtSrlmt s@rNc 35 Sunlight Mountain Resort Storm Drainagc Rcport l/182008 scx{MUESER,€OREON;IriRrB&{tr{c.36 g' rnl i ght Mountain Resort Storm Drainage Rcport l/l 8/2008 SCHMUESER G,ORDOIIIiIIEYE& INC.37 Sunlight Mountain Resort Storm Drainagc Report l/lE/2008 SCHMUE-SER, GORIDN IIIEYE& INC.38 Sunlight lvlountain Resort StormDrainagc Rcport l/l&200t SCHMLTBSER.GO8DON,I.IEYER" INC.39 Sunlight Mountain Resort Storm Drainagc R€port l/1&200t SCIIMUBSERIGORDONiITEYE& INC.40 Sunlight Mountain Resort Storm Drairag. Rsport t/tt t008 s@rNC.4l 100-Year Flood Sunlight Mountain Resort Storm Drainagc Report l/tt2008 SCHMTJESER GORDON.X(EYE& INC.42 Sunlight Mountain Resort Sorm Dminagc Repon l/tE/2008 SCHM['ESER GORMN MBYE& INC.43