HomeMy WebLinkAbout1.0 ApplicationRECEIVED If2 Ga~lJ~mMfp; I ~ )h1MUNITY nEVELOPMENT Community Deve opment Clepartment 1088'" Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com ---------------TYPE
OF SUBDIVISIONS 0 Sketch Plan 0 Preliminary Plan 0 Preliminary Plan Amendment 0 Final Plan/Final Plat Ii Fin al Plat Amendment 0 Conservation Subdivis ion Yield Plan 0 Common Interest
Ownersh ip Community INVOLVED PARTIES Owner/Applicant Name: L&M D-II, LLC Mailing Address: P.O. Box 654 City: Carbondale E-mail: summitx@frontier.net Representative (Authorization Required)
Name: Timothy A. Thulson Mailing Address: P.O. Box 790 City: Glenwood Springs E-mail : tim@balcombgreen.com PROJECT NAME AND LOCATION Project Name: Plat Amendment, Lot D-1 1, Aspen Glen
CO. Assessor's Parcel Number: 2393-204-040-IJ -~--0 0 0 0 0 0 DIVISIONS OF LAND APPLICATION FORM ---, --TYPE OF EXEMPTIONS Minor Exemption Major Exemption County Road/Public ROW Exemption
Rural Land Development Exemption Fina l Plat Amendment Time Extension Phone: (~) 379-6927 State: CO Zip Code: 81623 Phone: L~.~~_) 945-6546 State: CO Zip Code: 81602 • --------------Physical/Street
Address: 01 70 Aspen Glo Lane, Carbondale, CO 8 1623 Legal Description: Lot 011 , Aapen Glen Fi ling No. I according to the plat recorded June 17, 1997 as Reception No. 509681 Zone District:
Planned Unit Development Property Size (acres): 1/3 +1-
Project Description , " Existing Use: Duelex Proposed Use (From Use Table 3-503): Description of Project: To subdivide the subject Lot into two separate lots (duplex) in accordance with
the PUD ! zone district text Proposed Development Area land Use Type # of lots # of Units Acreage Parking ---Single Family I._ Duplex 2 ""_."_._------_.--_. __ .•. _. ----------_._-_.
_ .-Multi-Family -----------------------_ ..... _ ... -_.. -. Commercial Industrial -----------.. -----_._---_._._ --I Open Space ..•. -,--Other [ Iotal _________ L-______ -----------------REQUEST
FOR WAIVERS Submission Requirements o The App licant request ing a Waiver of Submission Requirements per Section 4-202. list: Section: Section: ___ _ _____ _ ____ _ Section: Section:
____ __________ _ Waiver of Standards o The Applicant is requesting a Waiver of Sta ndards per Section 4-117. list: Section : Section: ___________ ~---Section : _ ____________ Section:
______________ _ L ______ . ______ . _________________ . _______ . _______ . _______ .... __ I have read the statements above and have provided the required attached information which
is correct and accurate to the best of my knowledge. 05 -22-13 Signature of Property Owner Date ----------------.--------.-~-~~----.-----.------------------------------_._ ... _-OFFICIAL
USE ONLY File Number: Fi a&. -1 il3 5 Fee Paid: $ ,00..-
Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY" ) and Property Owner ("APPLICANT") L &M 0 -11 , LLC _____________________________ agree as follows: 1. The Applicant
has submitted to the County an application for the following Project: _ _ _ Final Plat Amendment 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County ag ree that because of
the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full exten t of the costs involved in processing the application. The Applican t agrees
to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applica nt. The Applicant agrees to make additional payments
upon not ificat ion by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting
servi ce determined necessary by the Board of County Commiss ioners for the considerat ion of an appli cation or additional County staff time or expense not covered by the Base Fee.
If actual recorded costs exceed the initial Base Fee, the Applicant sha ll pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant
acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this
application: Billing Contact Person:_S_e_a_n_C_.M _a_r_tin ___ ____ Phone: (970 ) 3 79-6927 Billing Contact Address: _P_._O_._B_o_x_65_4 ___ _________________ _ City: Carbondale Stat
e: _C_o _ _ ZiP Code: _8_1_6_2_3 __ _ Billing Contact Email: Summitx@frontier.net Printed Name of Person Authorized to Sign: _S_e_a_n_ C_._M_a_r_ti_n _______ ______ _ 05-23-13 (Signature)
(Date)
AUTHORIZATION The undersigned Sean e. Martin as manager of L&M D-ll, LLC, a Colorado limited liability company, Applicant for the within Application for Final Plat Amendment ("Application"),
hereby appoints and authorizes Timothy A. Thulson of Balcomb & Green P.e. and Bob Fullerton of Glenwood Brokers, LTD as Applicant's agent for all purposes related to processing the Application.
Sean e. Martin, Manager of L&M D-ll, LLC
GRAPHIC SCALE ~..-i i i i i ( III nn ) I I..., ,, .. 20 IL WiEl!I! Q eHV I'{OCS,~ • I[W"H(W( PfOCSI .... .Q. £I.CCIIIIC I1tAHSHWIJ' £R CIiIII $I~ ;;, WMrR V~I'( '" WAleR H'fOI/1IH1 •
ClCClII1C " IIHHO( [ ,~ ;;, CAS "nCR • S(II(R ClCAHWI [!!J IIIHOOIf' 000U I) Oat,. of Surny: Iktober 8 2008. 2) Date of Pnparation: October 13. 2008. 3) Basis of a U ri"l; A bu r in,
of N 15' fI '''" .. from t h,. Southerly corner 01 Lot 011. Nonumented by a lound nb.r a"d cap t...S. 11 5710 and the Yu tnly cornu of Lot D]1. monumented by a found rebar and cap L.S.
1 ]5710. 4) BU is of Survey; The Plat of Aspen Cl en. Recorded April 6. 1995 lIS Reception No. 476330 various document. of record. and the found monument!. liS . ho .. n 5) This s urvey
don not conatilute II Iille search by Sop.i. En,ineuin,. u..c (SE) to de t ermine ownership or easemenu of record. For an information re,ardin, usemenis. ri,hb of .. ay and/or till.
of rttOrd. Sf r e lied upon the .. bove ... id ilems described in note 4. No litle commilment .... und In Ihe preparation of lhi •• urv.,.. 6) Si te undu construction . 1 Ih .. lime
01 Ihis survey. 101 D12 lOT 010 IMPROVEMENT LOCATION CERTIFICATE OF, LOT Dll, ASPEN GLEN COUNTY OF GARF'IELD, STATE OF' COLORADO SHEET I OF 1 FOI.J#O 15 R£lAA AM> PtAsnc tAP L5. 1 15110
\ Of! JJ,JB7. sq.rt. 0_ 766 acres :t 101 O~ \ .~~r# ~ .. '\ SOPRIS ENGINEERING CIVIL CONSULTANTS 502 MAIN STREET. SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 Cf'0I sn.cr LOT 0'
LLC VICINITY MAP V'I! ,', 1QM" PROPERIT DESCRipTION LOT DII ASPEN OtEN RECORDED APRIL 6. IggS AS RECEPTION 110 476330 COUNTY OP CIJIFIELD 51'ATE OF COt.OR.l.DO I bereby 11, 1. Ib,! !hl.
Im p''''''''''O! locllion ""rtllic.!e .... prep .. ed by S<>p<1. tn,lnurin • . u.c eSE) lor HAROlD A_ tro,..IJID Th,I it u nol • I."d IU,...y pl. l. Or .n ImproYlm.nt S ...... y PI.
I .n-d iI i. ""I 10 h ro ll. d on 'or lb ••• t.b~.hmlftl 01 lonel. buildinC. or othl r lulur. lmproYlmlnl lin ... I lurlbermor. , I.t. Ib.1 Iha Impro .. mlnta Oft Ih. ,bo •• ducribed
par""! on thl. dati. Odobor B. 2006. ncopl uillily coon.o(ionl. ar. ontirely orilhin Ih. boundarin 01 Ih. porcel. Uelpl ••• ho-.m; Ih.t Ih or. aro no I ncroaebml nta upon Ih. d .. cribod
prlml ... , nc.pl .. Indlul od. and Ihat Ihor. 10 no . pp.ronl .ridenci or .1,0 of 1ft)' I .. omlftl crouin. or burdoninl aftl port 01 •• Id pare. !. nc.pl ... noted.
1111 W.. I'"I~~1"J~~~ tII~ ~~I+rIll/l,HU" 11111 ReceptiDn" : 835818 . 05/24/2013 10 ;40;52 AM JeaFn ".lb~~lg~RFIELO COUNTY CO 1 of 1 Ree FQ8 ~ S11.Q0 000 8a .. STATEMENT OF AUTHORITY
I. This Statement of Authority relates to an entity named L&M 0-11, LLC. 2. The type of entity is a LlMtTED LIABILITY COMPANY. 3. The entity is formed under the laws of the STATE OF
COLORADO. 4. The mailing address for the entity is PO Box 654, Carbondale, Colorado 81623. 5. The name and position of the person authorized to execute instruments conveying, encumbering.
or otherwise affecting title to real property on behalf ofL&M 0-1 I, LLC is: Sean C. Martin, Manager. 6. The authority of the foregoing person to bind L&M 0-11, LLC is unlimited. 7.
This Statement of Authority is executed on behalf ofthe entity pursuant to the provisions of Sect ion 38-30-172, C.R.S .. • J Executed this..3...::..::... day of May, 2013. L&M 0 -11,
LLC By __ ~ _ ~~~~ _________ ___ Sean C. Martin, Manager STATE OF COLORADO ) ) ss. COUNTY OF GAR'FIELD ) J The above and foregoing instrument was acknowledged before me this. .s ::.:::.
day of May, 2013, by Sean C. Martin as Manager of L&M 0-1 I, LLC, a Colorado Limited Liability Company. Witness my hand and seal. My commission expires: Notary Public SALLY GEIB VAGNEUR
NOTARY PUBLIC STATE OF COLORADO NOTARY 10 #19874208029 My commission Expires May 1. 2017
PROPERTY OWNERS WITHIN 200 FEET OF ASPEN GLEN, FILING 1, LOT D-11 Janet Wolf PO Box 746 Glenwood Springs, CO 81602 Kenneth A. Robinson Susan J. Robinson 245A Snowcap Circle Carbondale,
CO 81623 Richard A. Mayfield Karen Barnhill 245 Snowcap #B Carbondale, CO 81623-8872 Walter T Price, IV Karen Diane Price 320 S. Polk, Suite 700 Amarillo, TX 79101 Hodge Capital Company
645 E. Blithedale Avenue Mill Valley, CA 94941 David G. Behrhorst John W. Reese 257 Eastwood Drive Aspen, CO 81611 David B. Hopcroft Jill H. Hopcroft 84 Alpen Glo Lane Carbondale, CO
81623 Gus Cossette and Judith A. Cossette as Trustees ofThe Cossette Family Revocable Trust UTD 7/11/2000 PO Box 9354 Fresno, CA 93791-9354 The D. Karen Beard Revocable Trust Dated 4/1/1993
9120 Double Diamond Pkwy, #G277 Reno, NV 89521 Daniel R. Natal 3731 Rutledge Road NE Albuquerque, NM 87109 Dolores A. Bowers 7930 SW 155'h 51. Palmetto Bay, FL 33157-2322 Connie P. Thorsen,
Trustee of the Constance P. Thorsen Living Trust 5787B NW 151" Street Miami Lakes, FL 33014 Gutti R. Rao Nalini Rao 105 Haverford Road Pittsburgh, PA 15238 Kenneth Robinson Susan J.
Robinson 245 A. Snow Cap Circle, Unit A Carbondale, Co 81623 Aspen Glen Golf Club Management Company PO Box 790830 San Antonio, TX 78279 The Homeowners Association at Aspen Glen 0080
Bald Eagle Way Carbondale, CO 81623 Roaring Fork Transportation Authority 530 E. Main Street Aspen, CO 81611 Colorado Department of Transportation 4201 E. Arkansas Avenue Denver, CO
80222
Date: 05-09-2013 Property Address: Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: CW63008043 TBD SWEETGRASS CARBONDALE, CO 81623 If YOll have 811J inquiries or
require further assistance, please COl1facl one of the numbers be/ow: GLENWOOD BROKERS POBOX 1330 214 8TH ST #209 GLENWOOD SPRINGS, CO 81601 Alln: BOB FULLERTON Phone: 970-945-5554 Fax:
970-945-5552 EMail: bob@roaringforkpropl.rli(.s.com Senl Via EMail For Til le Assistance: Glenwood Springs "CW" Unit 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 Phone: 970-945 -2610
Fax: 970-945-4784
LAND TITLE GUARANTEE COMPANY INVOICE NO. GWS·3676 GLENWOOD BROKERS POBOX 1330 GLENWOOD SPRINGS, CO 81601 BOB FULLERTON Owner: L&M D-ll. LLC Address: TBD SWEETGRASS CARBONDALE. CO 81623
Invoice Date: May 09.2013 Order No. GW63008043 Invoice Charges TBD Report -Amount Due -Due and I,ayable upon receipt. For Remittance please refer to Invoice No. GWS-3676 Please make
checks payable to: Land Tit le Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village. CO 801 11 -4701 $100.00 $100.00
CNE REroRT -TBD REFORT -'!his ONE REfOm: is !::ased on a limited search of the CCllilty real prq:erty records ani is interrled for informati onal p.u:p:tSes ally. The CNE REPORT does
not constitute any form of warranty or guarantee of title or title insurance, an::l s1'laJld not be used by the recipient of the CNE REK>RJ' as the basis for rraking any legal, investrrent
or bJsiness deci sions. 1he recipi ent of the CNE REPCRT' shculd consult legal, tax arrl other advisors before rraking any such decisions. TI-le liability of Larxi Title Guarantee COTIpCl!l.y
is strictly limited to (1) the recipient of the ONE RERJRT, and no other person, and (2) the arro.mt paid for the CNE REFORT. nus rep:>rt is neither a camti.trrent to insure, nor an
abstract of title. 'Ihis product rray not catform to the written starrlard arrl practices of cur underwriters ani the Carpmy reserves the right to set further requirerents ani/or exceptioos
shoold a full title conni.trrent be ordered in the future. The liability of the CoTp3.ny shall not exceed. the charge p;lid by the awlicant for this rep:!rt , rx:>r shall the Ccrnp:my
be held liable to any party other than the awlicant for thi s rePJrt. PROPER'IY REFORT -This Report is oosed on a limited search of the CCA.ll1ty real property records am provides the
name(s) of the vested o.->ner(s) , the legal description, tax information (taken fron information provided by the county treasurer on its website) and enCl.J11hrances, which, for the
p .. rrp:5~res-----Of this rePJrt, means deed of trust and mortgages, and liens reocrded against the prcperty and the amer(s) in the records of the clerk an::l recorder for the ccunty
in which the subject prcperty is lccated. nus RefOrt ekes not consti tute any form of warranty or guarantee of title or title insurance. 'Ihe liability of Larrl Title Guarantee Carpany
is strictly limited to (1) the recipient of the Report, am no other person, arrl (2) the asro.mt paid for the RePJrt. OPEN DEED REroRT -The ~ Dee;j Report does not include a search of
the narres of the property CM'ner (s) . 1hls report is for informational p.rrposes cnly am <bes not constitute any form of title guarantee nor insurance. 1he liabi lity of this carpany
shall not exceed the charge paid by the applicant for this ret=Ort, nor shall the carpany be held liable to any p:lrty other than the applicant for this ret=Ort.
LAND TITLE GUARANTEE COMPANY TBO Report Our Order No. GW63008043 TBD Report Fee $100.00 This report is neither a commitment 10 insure, nor an abstract of title. This product may not
conform to the written standards and practices of our underwriters and the Company reserves the right to set further requirements and/or exceptions should a full title commitment be
ordered in the future. The liability of the Company shall not exceed the charge paid by the applicant for this report. nor shall the Company be held liable to any party other than the
applicant for this report. Certification Date: April 19.2013 a15:00 P.M. Address: TBD SWEETGRASS CARBONDALE. CO 81623 Legal Description: LOTDII ASPEN GLEN FILING NO. I ACCORDING TO THE
PLAT RECORDED JUNE 17. 1997 AS RECEPTION NO. 509681. COUNTY OF GARFIELD STATE OF COLORADO Ownership: Recorded County GARFIELD Recording Date Reception Number 12-10-2007 738929 BooklPage
The following will be required should the Company be requested to issue a futufe commitment to insure: I. RELEASE OF DEED OF TRUST DATED NOVEMBER 07. 2007 FROM HAROLD A. LEONARD TO THE
PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $1.730.000.00 RECORDED NOVEMBER 14.2007. UNDER RECEPTION NO. 737381. MODIFICATION AGREEMENT IN CONNECTION
WITH SAID DEED OF TRUST WAS RECORDED MAY 26. 2009 UNDER RECEPTION NO. 768486 AND RECORDED DECEMBER 7. 2010 UNDER RECEPTION NO. 795355. 2. FURNISH TO LAND TITLE GUARANTEE COMPANY THE
RELEVANT PAGES OF THE FULLY EXECUTED OPERATING AGREEMENT FOR L&M D-II. LLC THAT DISCLOSE WHO MAY
Our Order No. GW63008043 TBD Report The following will be required should the Company be requested to issue a future commitment to insure: Continued: CONVEY. ACQUIRE. ENCUMBER. LEASE
OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY ON BEHALF OF SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAYBE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. DULY EXECUTED AND ACKNOWLEDGED
STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF L&M D-II. LLC AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED. THE MAILING
ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING , ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF
THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4. WARRANTY DEED FROM
L&M D-II, LLC TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY.
Our Order No. GW63008043 TBD Report The fo llowing documents affect the property: I. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY. COLORADO.
CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92·056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305. B. RESOLUTION
NO. 93· 121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824 . C. RESOLUTION NO. 94·008 RECORDED FEBRUARY 2,1994 IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94·089 RECORDED AUGUST 9,
1994 IN BOOK 911 AT PAGE 79 1. E. RESOLUTION NO. 94· 139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345. F. RESOLUTION NO. 95·004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64.
G. RESOLUTION NO. 96·06 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE 682. H. RESOLUTION NO. 96·07 RECORDED FEBRUARY 9,1996 IN BOOK 966 AT PAGE 686. I. RESOLUTION NO. 96·26 RECORDED
MAY 9, 1996 IN BOOK 977 AT PAGE 399. j . RESOLUTION NO. 98·88 RECORDED OCTOBER 13, 1998 IN BOOK 1092 AT PAGE 757. 2. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT
OF ASPEN GLEN PLANNED UNIT DEVELOPMENT RECORDED APRIL 6, 1995 UNDER RECEPTION NO. 476330 AND AMENDED PLAT RECORDED OCTOBER 6, 1998 AS RECEPTION NO. 533362. 3. RESTRICTIVE COVENANTS,
WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995 , IN BOOK 936
AT PAGE 350, FIRST SUPPLEMENTAL'DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD
SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION
RECORDED MAY I, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH
Our Order No. GW63008043 TBD Report The following documents affect the property: SUPPLEMENTAL DECLARATION RECORDED AUGUST 24 . 1998 IN BOOK 1084 AT PAGE 943. EIGHTH SUPPLEMENTAL DECLARATION
RECORDED OCTOBER 26. 1998 IN BOOK 1094 AT PAGE 517. NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17.1999 IN BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER
19, 1999 IN BOOK 1161 AT PAGE 293, ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 11 51 AT PAGE 877 AND TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14 ,
1999 1N BOOK 1164 AT PAGE 755 ANb THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 11 97 AT PAGE 740 AND FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 8, 2003 IN
BOOK 1467 AT PAGE 910 AND FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21. 2004 IN BOOK 1649 AT PAGE 891. 4. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 11 , 1892, IN BOOK 12 AT PAGE 133 AND RECORDED JANUARY II.
1983 IN BOOK 12 AT PAGE 250. 5. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CHUC IN WARRANTY
DEED RECORDED DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 6. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS
AND --RIGHTS OF WAY AS CONTAINED IN IN DECLARATION-OF GOLF-FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 350. 7. TERMS, CONDITIONS
AND PROVISIONS OF AMENDED BYLAWS OF ASPEN GLEN HOMEOWNERS ASSOCIATION RECORDED MARCH 23, 2007 AT RECEPTION NO. 719513. 8. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR
REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP,
NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW,
AS CONTAINED IN INSTRUMENT RECORDED MARCH 23, 2007, UNDER RECEPTION NO. 719512. 9. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE AMENDED FINAL PLAT OF
LOT EIO, ASPEN GLEN FILING NO. I RECORDED JUNE
Our Order No. GW63008043 TBD Report The following documents affect the property: 06.2011 UNDER RECEPTION NO. 803496. 10. PEDESTALS AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED
BY TUTTLE SURVEYING SERVICES DATED AUGUST 15. 2006.
PARTY WALL AGREEMENT AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOT D11, ASPEN GLEN FILING NO.1 GARFIELD COUNTY, COLORADO Recitals I . L&M D-II , LLC,
a Colorado Limited Liability Company, whose address is 401 27th Street, STE 200, Glenwood Springs, CO 81 601 ("Declarant") is the owner or that real property situated in the County of
Garfield, State of Colorado, described as Lot D II , Aspen Glen, Filing No. I and is more particularly defined and described within that Plat heretofore fil ed in the records of the
Clerk and Recorder for Garfie ld County, Colorado on June 17, 1997 as Reception No. 509681 (the "Lof '); 2. Declarant has constructed on the Lot a duplex building consisting of two separate
Units, each designed and intended for use as a residential dwelling;" 3. Pursuant to that Amended Pl at for the Lot heretofore fil ed in the records in the Clerk and Recorder ror Garfield
County, Colorado on , as Reception No. _____ , Declarant has subdi vided the Lot to allow separate ownership of the Units which are identifi ed on the Plat as Lot DI I_ and Lot DII _
which for purposes herein are sometimes hereinaft er referred to separately as "Unit" or coll ecti vely as "Units"; and 4. Declarant desires to establi sh a plan for the Ownership of
the Lot as it has been subdi vided under the Amended Plat, by establi shing separate Ownership and rights and obligations related and appurtenant to the Units. DECLARATION SECTION I
SUPPLEMENTAL DECLARATION; LOT SUBJECT TO DECLARATION A. Declarant does publi sh and declare that the following terms, covenants, cond itions, easements, restri ctions, uses, reservations,
limitations and obligations shall be deemed to run with the Lot and the Units, shall be a burden and a benefit to Declarant, its successors and assigns and any person acquiring or owning
an interest in the Lot or Units and improvements built thereon, their grantees, personal representati ves, heirs, successors and assigns. B. Notwithstanding anything set forth in this
Supplemental Declaration, the Lot as has now been subdivided, shall at all times be subj ect to all terms and conditions of the Master Party Wall Agreement Page 1
Declaration of Covenants, conditions and restrictions for Aspen Glen filed on April 05, 1995 in the records of the Clerk and Recorder for Garfield County, Colorado as Reception No. 476328,
as amended by those documents also recorded in the records of the Clerk and Recorder for Garfield County, Colorado as Reception Nos. 510976, 5 I 6956, 520203,520209,524479,525647,53
I 005 , 534299,5506 17,555596, 552597, 556668, 566379, 626952, 665692 and 719512, respect ive ly ("Declaration"). SECTION II DEFINITIONS Unless the context shall expressly provide otherwise,
the terms used herein shall have the meanings set forth in the Declaration. In addition, the fo llowing terms shall have the following mealllngs: A. "Common Access Easement" means any
non-exclusive easement upon the Lot for pedestrian, vehicular or utility access, or other designated purpose, which shall be shared by the Owners of Lot 0 I I and Lot 0 I I as provided
in this Party Wall and Supplemental Declaration. B. "Duplex" or "Building" means the improvements constructed upon the Lot. C. "Lot" or "Building Site" means Lot 01 I, Castle Ridge P.U.D.,
Garfield County, Colorado. D. "Owner" means a person, persons, firm, corporation, partnership or association, or other legal entity, or any combination, owning an interest in the Lots,
and shall include, when the context --permits, such Owner'sfamily, agenrr,g1fe-sts, inVitees and, ifsuch Owner is not a natural person, such Owner's ultimate natural person beneficial
Owners. E. "Plat" means the Amended Final Plat of Lot 0-1 1, Aspen Glen Fi ling No. I. recorded on ____ _____ as Reception No. of the Records of the Garfield County Clerk and Recorder,
depicti ng and locating with specificity the Units and the Common Access Easement (ifany,) which land and improvements are subject to this Supplemental Declaration. F. "Unit" means either
Lot 0-11_ or Lot 0-11_, according to the recorded Plat together with the improvements located upon each respective division of the Lots, the improvements thereon, and appurtenant rights
and obligations. SECTION III DESCRIPTION AND RESERVATION Party Wall Agreement Page 2
Every contract of Sale, Deed, Lease, Mortgage, Trust Deed, Will or other instrument shall legally describe a Unit of a Lot or a real property interest therein as follows: Lot D-II_ or
Lot D-II _ , (as the case may be), according to the Plat and this Party Wall Agreement and Supplemental Declaration of Covenants, Conditions and Restrictions. Every such description
shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect the Units and all appurtenant rights, benefits and burdens thereto. SECTION IV PROPERTY
DIVISION A. Declarant hereby establishes this plan for the subdivision of the Lot into two Units for Ownership in fee simple consisting of Lot DII_ and Lot DII _ . B. I fthe Plat depicts
a Common Access Easement the owner of Lot D I 1_ and the Owner of Lot D 11 shall each have an undivided interest in the Common Access Easement. The area on the Plat identified as the
Common Access Easement shall be subject to the applicable provisions set forth in this Supplemental Declaration. C. Lot D 11_ and Lot 011_ shall each have appurtenant thereto the right
to use the Common Access Easement for the purposes established in this Supplemental Declaration, which ---right shall-beinseparablefrom GOlD J-\ _ alrd-I:;nr-l'J 11_ and may De conveyeo,
leaseo~ev ised or encumbered only as such undivided and appurtenant interest. D~No Owner shall bring any action for partition or division of Lot OIl _ and Lot 011_ from their appurtenant
undivided interests in the Common Access Easement. E. In the event Lot 011_ and Lot 011 _ are owned by the same person or entities, the doctrine of merger shall not apply. F. The parties,
ifmore than one, having the Ownership of each such Unit shall agree among themselves how to share the rights and obligations of such Ownership; provided, however, that if a corporation,
partnership, association or other legal entity shall become an Owner, or the parties, if more than one, have concurrent Ownership of a Unit, then such entity or concurrent Owners shall
from time to time designate one individual who shall represent such entity or concurrent Owners in all matters concerning all rights and obligations pursuant to this Supplemental Declaration.
ParlY Wall Agreement Page 3
G. Any such entity or concurrent Owners shall give wri tten notice to the other Owner designat ing the individual to act on its or their behalf and such notice shall be effective until
revoked in writing by such entity or Owners. Any act or omission by such des ignated indi vidual shall be binding on the entity or Owners so des ignating him. 1-1. Each Unit shall be
considered a separate parcel of real property and shall be separately assessed and taxed. SECTION V ENCROACHMENTS If any portion of the improvements associated with a Unit now encroaches
upon the other Unit as a result of the construction of any building, or if any such encroachment shall occur later as a result of settling or movement of any building, a va lid easement
for the encroachment and the maintenance of the same so long as the building stands, shall ex ist. In the event any building shall be partially or totally destroyed as a result of fire
or other casualty or as a result or condemnation or eminent domain proceedings and then rebuilt, encroachments of parts orthe building on the other Unit, due to such rebuilding, shall
be permitted, so long as such encroachments are of no greater ex tent than those previously existing, and valid easements for such encroachment s and the maintenance thereor shall exist
so long as the building shall stand. SECTION VI --------------------IP A RTY-W*Lt~---------------------(A) The common wall placed on the common boundary separating the Units, the footings
underlying said wall and the-portion of roof over such wall are coll ecti vely referred to as-the "Party Wall." (B) To the extent not inconsistent with thi s Supplemental Declaration,
the general rules of law regarding party wall s and liability for damage due to negligence or wi II rlil acts or omissions shall apply to the Party Wall. (C) The Owners of either Unit
shall have a perpetual easement in and to that part of the other Unit on which the Party Wall is located, for party wall purposes, including mutual support, maintenance, repair and inspection.
In the event of damage to or destruction of the Party Wall from any cause, the Owners shall at joint expense, repair or rebuild the Party Wall , and each Owner shall have the right to
the rull use of the Party Wall so repaired and rebuilt. Notwithstanding anything contained above to the contrary, if the negli gence or wi ll fu l act or omission of any Owner, his fa
mily, Party Wall Agreement Page 4
agent or invitee, shall cause damage to or destruction of the Party Wall, such Owner shall bear the entire cost of repair or reconstruction, and an Owner who by his or her negligent
or willful act causes the Party Wall to be exposed to the elements shall bear the full cost of furnishing the necessary protection against such elements. SECTION VII LANDSCAPING, SERVICE
FACILITIES AND PARKING Subject at all times to the relevant provisions of the Declaration : (A) The Owners from time to time shall undertake such landscaping and general outdoor improvements
including but not limited to driveway and parking areas as they may mutually and unanimously deem proper for the harmonious improvement of both Units in a common theme, and each Owner
shall be so lely responsible for all expenses, liabilities and general upkeep responsibilities with respect to such landscaping and outdoor improvements on the Unit of that Owner. The
Owner of one Unit shall not unreasonably damage the value of the other Unit such as by shoddy upkeep outside, but both Owners shall make all reasonable efforts to preserve a harmonious
common appearance of the Units. Nothing contained in this Supplemental Declaration shall be deemed to prevent either Owner from adding any additional natural land scaping, trees or similar
items to such Owner's Unit, or from installing grass, all at the sole expense, maintenance and upkeep of such Owner, unless otherwise specifically agreed to by the Owners themselves.
(B) Common utility or service connections or lines, common facilities or other equipment and propel1y located in or on either of the Units but used in common with the other Unit, ifany,
shall --be-owned as-tenants-in-cummOlrin-e-q-rra:l-umlivi-declOf1e-nalf-interests-by tl1eOwners of each Unit and, except for any expense or liability caused through the negligence or
willful act of any Owner, his or her family , agent or invitee, which shall be borne solely by such Owner, all expenses and liabilities concerned-with-such property-shall-be shared proportionately
with such-0wnership. The Owner of the Unit on which such property is not located shall have a perpetual easement in and to that part of such other Unit containing such property as is
reasonably necessary for purposes of maintenance, repair and inspection. (C) The area, if any, identified on the Plat as "Common Access Easement" sha ll be a common access to facilities
on both Units. There is created a reciprocal easement and right-of-way for each Owner over, across and through any Common Access Easement. The Owners shall have equal right to the use
of such Common Access Easement and no Owner shall hinder or permit his or her invitees to hinder reasonable access to the other Owner's Unit, or park or permit his or her invitees to
park any vehicle on the Common Access Easement in a manner which will prevent access to the other Unit. It is presumed that snowplowing, heating, and other necessary maintenance of the
Common Access Easement will be required from time to time, the costs of which wi ll be shared by Pan), Wall Agreement Page 5
the Owners. Other maintenance, repair or improvements of the Common Access Easement may be required from time to time, and the same shall be undertaken upon the unanimous agreement of
the Owners who shall share all expenses. SECTION VIII ALTERATION, MAINTENANCE AND REPAIRS Subject at all times to the relevant provisions of the Declaration: (A) In addition to maintenance
provided for, the Owners shall, at their own individual expense with respect to each respective Unit, provide exterior maintenance and exterior repair upon the Units and the unimproved
portions of the Units including, but not limited to, the exterior walls and the roof housing the Units. Repair and replacement or cleaning of exterior windows shall be considered interior
maintenance. I f the need for repair or maintenance is caused through the negligence or willful act of any Owner, such Owner shall bear the entire cost of such repair or maintenance,
even though the need for such repair or maintenance exists on the other Owner's Unit. (B) In the event an Owner, at his or her own expense, fails to maintain, preserve, and replace as
needed, the trees, shrubs and grass (the plantings), landscaping or other outdoor items within the property boundaries of his or her Unit commensurate with the standards set forth in
the Declaration, the other Owner may, aftcr 30 days written notice to the Owner, if such failure continues and if within that time the offending Owner has failed to make a good faith
effort to bring his or her plantings, landscaping or other outdoor items into substantial conformity with the neighbors ---'plantin-gs;-Ian-dscaping or otner ou!aoor items, contracfWiTil
responsible parties to bring to stanaard the offending Owner's plantings, landscaping or other outdoor items and charge the offending Owner therefor and such cost shall be added to and
become a charge and lien to which such Unit is subject. ---Each Owner-grants to-the other Owner, its-agents-and-assigns;-an-irrevocable-easementto-perform the above work. (C) Each Owner
shall be solely responsible for maintenance and repair of the inside of his or her Unit including fixtures and improvements and all utility lines and equipment located there and serving
such Unit only; window glass and frames shall be deemed interior maintenance. In performing such maintenance and repair, or in improving or altering his or her Unit, no Owner shall do
any act or work which impairs the structural soundness of either Unit or the Party WalloI' which interferes with any easement granted or reserved in this Supplemental Declaration. Party
Wall Agreement Page 6
(D) Uti lity or service connections or lines, facilities or other utility equipment and property located in, on or upon either of the Units, which are used solely to supply a service
or utility to one Unit, shall be owned by the Owner of the Unit using such utility or service and all expenses and liabi lities for repair and maintenance shall be borne solely by the
Owner of such Unit, who shall have a perpetual easement in and to that part of such other Unit containing such property as is reasonably necessalY for purposes of maintenance, repair,
replacement and inspection. Such utility or service connections or lines, facilities or other utility equipment which serve both Uni ts shall be the responsibility of the Owners of both
Units and expenses associated therewith shall be borne as provided under Section IX below. (E) No Owner shall make or suffer any structural or design change (including a color scheme
change), either permanent or temporary and of any type or nature whatsoever, upon any part of his or her Unit without first obtaining the prior written consent of the other Owner. The
Units shall be painted in the same color scheme and at the same time, and both Units shall be maintained in the same manner. In the case of damage or destruction of any Unit or any part
thereof by any cause whatsoever, the Owner of such Unit shall cause with due diligence the Unit to be repaired and restored, applying the proceeds of insurance, ifany, for that purpose.
Such Unit sha ll be restored to a condition comparable to that prior to the damage and in a harmonious manner to promote the common theme of both Units. SECTION IX ALLOCATION OF EXPENSES
Costs and expenses of landscaping, service facilities , parking, alteration, maintenance and ---r;repairs, including, Without limitafIon, expenses relatedtolhePartyWall, except as causea-6y
the negligence or willful act of an Owner, shall be allocated in the following proportions: bot-Oil 50%--------Lot 011 50% SECTION X MECHANIC'S LIENS: INDEMNIFICATION (A) Except for
items incurred as a common expense as provided for in this Supplemental Declaration, if any Owner shall cause any material to be furnished to his or her Unit or any labor to be performed,
the other Owner shall not under any circumstances be liable for the payment orany expense incllrred or for the value of any work done or material furnished; all sllch work shall be at
Party Wall Agreement Page 7
the expense of the Owner causing it to be done, and such Owner shall be so lely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his
or her Unit or any improvements; nothing shall authorize either Owner or any person dealing through, with or under either Owner to charge the Unit of the other Owner with any mechanic's
lien or other lien or encumbrance whatever; and, on the contrary, the right and power to charge any lien or encumbrance of any kind against one Owner or against one Owner's Unit for
work done or materi als furni shed to the other Owner's Unit is expressly denied. (8) Except as provided for below, if, because of any act or omission of any Owner, any mechanic's or
other lien or order for the payment of money shall be filed against the other Owner's Unit or any improvements, or against any other Owner (whether or not such lien or order is valid
or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his or her own cost and expense cause the same to be canceled and discharged
of record or bonded by a surety company reasonably acceptable to such other Owner, within 20 days after the date of filin g, and further shall indemni fy and save the other Owner harmless
from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fee s. SECTION XI INSURANCE (A) The Owners of both Units shall jointly acquire
and at all times maintain a policy of insurance which ~hall insure both Units and all fixtures against loss or damage by fire and extended coverage perils (including vandalism and malicious
mischiel) for the maximum replacement value, which amount shall be established by mutual agreement of the Owners. In the event the Owners ----,c.-alYflot agree upon tne repl acement
value for purposes of esta51iShing tlielevel of lI1surance to ~ obtained, any Owner may on 30 days' written notice, at any time one year or longer after the last appraisal of the Units,
obtain a written appraisal of such Units from a competent appraiser, and the ---eost shall-be~allocated-as set-forth-in-Section-I7<-:-Such appraiser shall-be-a-disinteresteu and-independent
third party who is unrelated in any manner to either Owner whether through joint business adventures or otherwise. The cost of such joint insurance shall be borne by each Owner in amounts
mutually acceptable to the Owners at the' time of acquisition of each such policy of insurance and at each renewal thereof. In the event the Owners cannot agree on the allocation of
the cost of such insurance, the cost thereof shall be allocated as set forth in Section IX. (B) Each Owner shall provide and keep in forc e, for the Owner's protection, general public
liability and property damage insurance against claims for bodily injury or death or property damage occurring in, on or upon, his or her Unit and any improvements, in a limit of not
less than $500,000 in respect of bodily injury or death to any number of persons arising out of one accident or di saster, or for damage to property, and if higher limits shall at any
time be customary to protect against Party Wall Agreement Page 8
possible tort liability, such higher limits shall be carried and each Owner shall name the other Owner as an additional insured party under such policy. (C) Each Owner shall deliver
to the other Owner certificates evidencing all insurance required to be carried under this paragraph, each containing agreements by the insurers not to cancel or modify the policies
without giving the other Owner written notice orat least 30 days. Each Owner shall have the right, upon hi s or her reasonable request, to inspect and copy all such in surance policies
of the other Owner and require evidence of the payment of indi vid ual premiums. SECTION XII DESTRUCTION OF IMPROVEMENTS ON UNIT (A) [n the event of damage or destruction to a Unit by
fire or other disaster, the insurance proceeds, if suffic ient to reconstruct the Unit, shall be deposited into a bank account which requires, for withdrawals, the signature of both
the Owners, unless otherwise required by the insurance carriers, in which event the req uirements of the insurance carriers shall establi sh the method of disbursement. The Owners shall
then promptly authorize the necessary repair and reconstruction work and the insurance proceeds will be applied by the Owners to defray the cost. "Repair and reconstruction" of the Units
means restoring the improvements to substanti ally the same condition in which they existed prior to the damage with such Unit having the same boundaries as before. (8) If the insurance
proceeds are insufficient to repair and reconstruct any damaged Unit, such damagt: or destruction shall be promptly repaired and reconstructed by the Owner using the insurance proceeds
and the proceeds ofa special assessment against the Owner(s) of the damaged Unit. Any such assessments shall be equal to the amount by which the cost of reconstruction or --~repair of
the Unit exceeos the sum of1fie insurance proceeds allocable to suc[1Unif~Such assessments shall be due and payable not sooner than 30 days after written notice of the assessments. The
special assessment provided for in this agreement shall be a debt of each Owner and a lien on his --or-her-\cI nit and the improvements and may-be-enforced-and-collected byforeclosurellTOceedings
in·-----the Courts. (C) Notwithstanding the above, the Owners and first mortgagees of any or all of the destroyed or damaged Units may agree that the destroyed or damaged Units shall
immed iately be demolished and all debris and rubble caused by such demolition be removed and the Unites) regraded and landscaped. The cost of such landscaping and demolition work shall
be paid for by any and all insurance proceeds avail able. Any excess insurance proceeds shall then be disbursed to such Owners and their first mortgagees jointly. Party Wal l Agreement
Page 9
SECTION XIII RIGHT TO LIEN (A) If an Owner, at any time, shall neglect or refuse to perform or pay hi s or her share of any obligation required under this Supplemental Declaration, the
other Owner may, but shall not be obligated to, af1er 15 days written notice unless the circumstances required immediate action, make such payment or, on behalf of such other Owner,
expend such sum as may be necessary to perform such obligation including, but not limited to, the payment of any insurance premiums required under this Supplemental Declaration or the
undertaking of any work required under this Suppl emental Declaration for repair, restoration or maintenance, and such other Owner shall have an easement in and to that part of such
defaulting Owner's Unit as is reasonably necessary for such repair, restoration or maintenance. (8) All sums so paid or expended by an Owner, with interest at the rate of 18 percent
per year from the date of such payment or expenditures, shall be payable by the Owner so fa iling to perform (the "Defaulting Owner") upon demand of the other Owner. (C) All sums so
demanded but unpaid by the Defaulting Owner shall constitute a lien on the Unit of the Defaulting Owner in favor of the other Owner prior to all other li ens and encumbrances, except:
(i) liens for taxes and spec ial assessments; and (ii) the lien of any first mortgage or first deed of trust of record encumbering such Unit. The lien shall attach from the date when
the unpaid sum shall become due and may be foreclosed in like manner as a mortgage on real property upon the recording of a nutice ur claim thereof executed by the non-defaulting Owner
setting forth the amount of the unpaid indebtedness, the name of the Defaulting Owner, and a description of the Unit. In any such foreclosure or any other collection proceeding the Defaulting
Owner shall be required to pay the --' costs-ana-expenses of such proceeaings, incl uaing reasonable attorney's fees, allo fWmch costs shall be included in the li en as provided in this
agreement. ~-------(8 :rhe lien-provided-for--in this-Supplemental-Bec\aration-shall-be subordinate-to, h"e-\ien off---any first mortgage or deed of trust, incl uding all additional
advances. Sale or transfer of any Unit as the result of j udicial forecl osure, mortgage foreclosure th rough the public trustee, .or any proceeding in lieu of fo reclosure, shall extingui
sh the li en of such assessments as to payments thereof whi ch become due prior to such sale or transfer, but shall not relieve any former Owner of personal liability. The mortgagee
of such Unit who acq uires title by way of fo reclosure or the taking ofa deed in lieu offoreclosure shall not, however, be liable for future assessments on the date it becomes the Owner
of such Unit. No sale or transfer shall relieve such Unit from liabil ity for any assessme nts thereafter becoming due or from the lien thereof. In the event of the sa le or transfer
ofa Unit with respect to which sums shall be unpaid by a defaulting Owner, except transfers to a first mortgagee in connection with a foreclosure of its lien or a deed in lieu thereof,
the purchaser or other transferee of an interest in such Unit shall be jointly and severally li able with the seller or transferor for any such unpaid sums. Party Wall Agreement Page
10
(E) Upon written request of any Owner, mortgagee, prospective mortgagee, purchaser or other prospective transferee of a Unit, the Owner of the other Unit shall issue a written statement
setting forth the amount he or she is owed under this paragraph, if any, with respect to such Unit. Such statement is binding upon the executing Owner in favor of any person who may
rely thereon in good faith. Unless a request for such statement shall be complied with wi thin fifteen days aftcr receipt, all unpaid sums which became due prior to the date of making
such request shall be subordinated to the lien or other interest of the person requesting such statement. SECTION XIV ALL OWNERS RESPONSIBLE--MEDIATION Both Unit Owners shall be mutually
responsible for the administration and management of the obligations created under this Supplemental Declaration. However, in the evcnt both Owners cannot mutually agree when a decision
is required by this Supplemental Declaration, the Owners shall attempt to resolve the impasse by first proceeding in good faith to submit the matter to mediation. The Owners will jointly
appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not reso lved within sixty (60) calendar days from the date written
notice requesting medi ation is sent by one Owner to the other, the mediation, unless otherwise agreed, shall terminate. In the event the mediation is terminated wi thout resolving the
entire dispute, the Owners may then seek appropriate reliefas provided in Section XVIII hereof. SECTION XV NOTICE --------Eaeh-Gwner-shall-register hi s-or-her mailing-address-with-the-othcr-0wner-an
d-all-notic-e·s-or-demands intended to be served upon Owners shall be sent by certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address.
In the alternative, notice may be delivered, ifin writing, personally to Owners. SECTION XVI DURATION OF DECLARATION Unless amended as herein provided, each provision contained in this
Supplemental Declaration shall continue and remain in full forc e and e ffect until December 31, 2055. and thereafter for successive periods of I 0 years each; unless at least I year
prior to December 31 , 2055, Party Wall Agreement Page II
or at least I year prior to the expiration of any such 10-year period of extended duration, this Supplemental Declaration is terminated by recorded instrument, directing termination,
signed by all Owners and alllicnors holding a first mortgage or first deed of trust of record on any portion of Lot D I 1 or Lot D I I SECTION XVII AMENDMENT OR REVOCATION This Supplemental
Declaration may be amended or revoked only (a) by Declarant so long as Declarant owns both Lot DII_ and Lot DII _ , or (b) upon unanimous written approval in recordable form of all Owners
and alllienors holding a first mortgage or first deed of trust of record on any portion of Lot D 11_ or Lot D 11 _ . SECTION XVIII ENFORCEMENT AND REMEDIES (A) In the event of any unresolved
controversy or dispute arising in any way out of this Supplemental Declaration, the Owners of the Units agree that such controversy or di spute shall be submitted to final and binding
arbitration in the State of Colorado according to the rules and practices orthe American Arbitration Association from time to time in effect. The prevailing party in any such arbitration
proceeding shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorney fees. Any award of such arbitration may be confirmed by ---the-Coun
in accoroance with me provIsions oflneuiliform Aroitration Act ofT97 ),CR~S~T3~22---201, el seq. , as amended. Notwithstanding the foregoing, either Owner, without first proceeding to
arbitration, may bring an action in the District Court of Garfield County, Colorado, to foreclose any ~-----lien-granted-by-the-term s-and-conditions-ofthis-Supplemental-J3eclaration.
(B) Failure to enforce any provision of this Supplemental Declaration shall not operate as a waiver of any such provision, the right to enforce such provision thereafter, or of any other
provision hereof. SECTION XIX EXERCISE OF RIGHTS Any exerci se of any rights granted under this Supplemental Declaration by one Owner with respect to the other Owner's Unit, including
but not limited to the use of any easement granted, shall Party Wall Agreement Page 12
be exercised in a manner which shall not unreasonably hinder, impede or impose upon such other Owner's use of his or her Unit. SECTION XX SUCCESSORS AND ASSIGNS Except as may otherwise
be provided herein, this Supplemental Declaration shall be binding upon and shall inure to the benefit of Declarant and the Owner of each Unit, and the heirs, personal representatives,
successors and assigns of each. SECTION XXI SEVERABILITY Invalidity or unenforceability of any provisions of this Supplemental Declaration in whole or in part shall not affect the validity
or enforceability of any other provision hereof. SECTION XXII CAPTIONS The captions and headings in this instrument are for convenience only and shall not be ---c01lsiaered in construmg
any proviSions ofThis SupplementallJeciaration. SE€ T10N X-XIII CONSTRUCTION When necessary for proper construct ion, the masculine of any word used in this Supplemental Declaration
shall include the feminine or neuter gender, and the singular the plural, and vice versa. Pari)' Wall Agreement Page 13
In witness whereof, Declarant has executed this Declaration on the ___ day of ____ ~, 2013. DECLARANT L&M D-11 , LLC, a Colorado limited liability company By: _____ ____ ____ ~ Sean
C. Martin, Manager STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing document was acknowledged before me this day of _ ______ , 2013 by Sean C. Martin as Manager of L&M D-II,
LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public Par1y Wall Agreement Page 14
PROPERTY OWNERS WITHIN 200 FEET OF ASPEN GLEN, FILING 1, LOT 0-11 Janet Wolf PO Box 746 Glenwood Springs, CO 81602 Kenneth A. Robinson Susan J. Robinson 245A Snowcap Circle Carbondale,
CO 81623 Richard A. Mayfield Karen Barnhill 245 Snowcap #B Carbondale, CO 81623-8872 Daniel R. Natal 3731 Rutledge Road NE Albuquerque, NM 87109 Dolores A. Bowers 7930 SW 155th St. Palmetto
Bay, FL 33157-2322 Connie P. Thorsen, Trustee of the Constance P. Thersen Living Trust 5787B NW 151" Street Miami Lakes, FL 33014 Guttl R. Rao Walter T Price, IV Nallnl Rao Karen Diane
Price 105 Haverferd Read ____-'3::..2::"0"~S .:,:P...e:::l:k:',: 'S,:u:,l:t,?e-: ~70:..0::,--_________" !P,,l"t,,t,s,::b:.u=.!r.,g.!:!. PA 15238 Amarillo, TX 79101 Hodge Capital Company
645 E. Bllthedale Avenue Mill Valley, CA 94941 Kenneth Roblnsen Susan J. Robinson 245 A. Snow Cap Circle, Unit A Carbondale, Co. 81623 David G. Behrherst Aspen Glen Golf Club Management
Company --John-W;-Reese·-------------P01!0lf790830 257 Eastwood Drive San Antonio, TX 78279 Aspen,CO 81611 _____-=--:-;-~_:__--;:------------~~~;."e o.wlle [s~ssQclatlon-atAspen-Glen,------+-.
David B. Hopcroft 0080 Bald Eagle Way . Jill H. Hopcreft Carbondale, CO 81623 84 Alpen Glo Lane Carbondale, CO 81623 Gus Cossette and Judith A. Cossette as Trustees of The Cossette Family
Revocable Trust UTD 7/11/2000 PO Box 9354 Fresno, CA 93791-9354 The D. Karen Beard Revocable Trust Dated 4/1/1993 9120 Double Diamond Pkwy, #G277 Reno, NV 89521 Roaring Fork Transportation
Authority 530 E. Main Street Aspen, CO 81611 Colorado Department of Transpertatlon 4201 E. Arkansas Avenue· Denver, CO 80222