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Home My WebLink About1.00 General Application Materials_Part1 Final Plat, Zone District 1 Narrative JUNE 2022 Prepared by: 345 Colorado Ave. #106 Carbondale, CO 81623 www.landwestcolorado.com McClure River Ranch PUD 2 Final Plat, Zone District 1 – June 2022 TABLE OF CONTENTS 1. LIST OF APPENDICES ......................................................................................................... 3 2. CONSULTANT TEAM ......................................................................................................... 4 3. SUMMARY ........................................................................................................................ 5 3.1. PURPOSE OF REPORT ......................................................................................................................................... 5 3.2. PROPERTY LOCATION ......................................................................................................................................... 5 3.2.1. Figure 1: Vicinity Map .......................................................................................................................... 5 3.3. PRIOR APPROVALS ............................................................................................................................................. 6 3.3.1. Table 1: Summary of Relevant Approvals ............................................................................................ 6 4. ZONE DISTRICT 1 DEVELOPMENT SUMMARY .................................................................... 7 4.1. INTRODUCTION ................................................................................................................................................. 7 4.1.1. Figure 2: Zone District Map ................................................................................................................. 7 4.1.2. Table 2: Plat Summary ........................................................................................................................ 8 4.2. IMPROVEMENTS INSTALLED ................................................................................................................................. 8 4.3. DOMESTIC WATER ............................................................................................................................................ 9 4.4. ON‐SITE WASTEWATER TREATMENT SYSTEMS (OWTS) ........................................................................................... 9 4.5. ELECTRICITY ..................................................................................................................................................... 9 4.6. NATURAL GAS ................................................................................................................................................ 10 4.7. COMMUNICATIONS ......................................................................................................................................... 10 5. PERMITTING & REGULATORY COMPLIANCE ................................................................... 11 5.1. GRADING PERMITS – GARFIELD COUNTY ............................................................................................................. 11 5.2. STORMWATER DISCHARGE PERMIT – CDPHE ...................................................................................................... 11 5.3. SCHOOL LAND FEE‐IN‐LIEU ............................................................................................................................... 12 6. OPERATION & MAINTENANCE ........................................................................................ 13 McClure River Ranch PUD 3 Final Plat, Zone District 1 – June 2022 1. LIST OF APPENDICES LUDC Appendix Description General Application Materials 4‐203.B A Application Form B Payment Agreement Form C Statement of Authority D Letter of Authorization E Title Commitment F Adjacent Property Owners & Mineral Owners G Improvements Agreement Table 5‐401 H Final Plat (large format versions separately bound) I Covenants, Conditions & Restrictions Additional Submissions J Engineer’s Certification & Cost Estimate K Engineering Plans (separately bound) L Water Quality & Well Permits M Botanical Resource Survey N Fire District Agreement & Receipt O Utility Service Letters P Comparable Market Analysis Q Responses to Conditions of Approval McClure River Ranch PUD 4 Final Plat, Zone District 1 – June 2022 2. CONSULTANT TEAM APPLICANT Aspen Polo Partners, LLP Contact: Peter Rizzo 3629 Aiken Ct. Wellington, FL 33414 561.777.6448 LAND PLANNING LANDWEST Colorado, LLC Contact: Jon Fredericks 345 Colorado Ave. #106 Carbondale, CO 81623 970.379.4155 GENERAL COUNSEL Klein Coté Edwards Citron LLC Contact: Joseph E. Edwards, III 101 South Mill Street, Ste. 200 Aspen, CO 81611 970.925.8700 WATER LAW Corona Water Law Contact: Craig Corona 420 East Main Street, Suite 210B Aspen, CO 81611 970.948.6523 CIVIL ENGINEERING Roaring Fork Engineering Contact: Richard Goulding 592 Highway 133 Carbondale, CO 81623 970.340.4130 SURVEYING True North Colorado, LLC Contact: Rodney Kiser P.O. Box 614 New Castle, CO 81647 970.984.0474 ENVIRONMENTAL SGM Contact: Eric Petterson 118 W Sixth Street, Suite 200 Glenwood Springs, CO 81601 (970) 384‐9017 McClure River Ranch PUD 5 Final Plat, Zone District 1 – June 2022 3. Summary 3.1. Purpose of Report The purpose of this narrative report and application is to provide information pertinent to the filing of Final Plat for Zone District 1 of the McClure River Ranch PUD. Specifically, this application contains all information for this Final Plat filing as required by, and in compliance with:  Garfield County Land Use and Development Code (LUDC) o Article 4‐203.B (General Application Materials) o Table 5‐401 (for Final Plat)  Amended PUD Approval, with conditions, Resolution No. 2020‐54 (Rec. No. 945439)  PUD Plan Map (Rec. No. 945440)  Preliminary Plan Approval, with conditions, Resolution No. 2020‐55 (Rec. No. 945441)  Preliminary Plan (Rec. No. 945442) 3.2. Property Location The subject parcel (#2391‐311‐00‐033) encompasses 98.19 acres, and is located south of State Highway 82, approximately ¼ mile east of County Road 100 and Catherine Store. Access to the parcel is from Old Highway 82, which is a frontage road owned and managed by CDOT. There are two existing accesses that were constructed and approved by CDOT in 2018 and are located on the northern property boundary connecting to Old Highway 82. The property has no direct connection to any County Road. 3.2.1. Figure 1: Vicinity Map McClure River Ranch PUD 6 Final Plat, Zone District 1 – June 2022 3.3. Prior Approvals While the entitlements history for the property dates to 2007, McClure River Ranch was approved in its current form in 2020. A summary of relevant approvals is provided below. 3.3.1. Table 1: Summary of Relevant Approvals Reception No. Year Document Type Description 739330 2007 Comprehensive Plan Amendment No. PC‐2007‐05 Approval of designation of “Residential High Density” for the property on the FLUM. 786310 2010 Floodplain Development Permit No. FDPA6264 Approval of development in portion of floodplain. 904213 2018 Resolution No. 2018‐10 Substantial PUD Amendment to allow polo facilities, agricultural and residential uses, and to define Zone Districts and development areas. Established new PUD Guide and PUD Plan Map. 945439 2020 Resolution No. 2020‐54 Amended PUD Approval, with conditions. 945440 2020 PUD Plan Map Approved PUD Plan Map with Zone Districts, lot layout, proposed easements, future building envelopes & areas, road types, and land use summary. 945441 2020 Resolution No. 2020‐55 Preliminary Plan Approval, with conditions. 945442 2020 Preliminary Plan Approved Preliminary Plan with lot layout, building envelopes, easements, development summary, and lot & tract summary. McClure River Ranch PUD 7 Final Plat, Zone District 1 – June 2022 4. Zone District 1 Development Summary 4.1. Introduction This application for Final Plat includes the subdivision of Zone District 1, which primarily contains outdoor recreation uses and includes 49.23 acres in the northern portion of the PUD. This application also includes the platting of Zone District 2 as one 48.96‐acre future development parcel described as “Tract C”. Zone District 2 is subject to a future subdivision application review process. No residential development is allowed in Zone District 2 until such time that subdivision of that Zone is approved. This condition is memorialized as Plat Note #1 on this Final Plat for Zone District 1. 4.1.1. Figure 2: Zone District Map McClure River Ranch PUD 8 Final Plat, Zone District 1 – June 2022 A summary of lots and tracts is provided in Table 2 below and is precisely consistent with the approved Preliminary Plan and PUD Plan Map. 4.1.2. Table 2: Plat Summary LOT & TRACT SUMMARY TRACT/ LOT ACRES PLANNED USE PLANNED OWNERSHIP Tract A 24.09 Polo Field 1, Cabins Common Tract B 15.13 Polo Field 2, Maintenance Barn, ADUs Common Lot 1 1.33 Mixed Use Barn Private Lot 2 1.32 Mixed Use Barn Private Lot 3 1.63 Mixed Use Barn Private Lot 4 1.61 Mixed Use Barn Private Lot 5 1.32 Mixed Use Barn Private Lot 6 0.79 Mixed Use Barn Private Lot 7 2.00 Clubhouse, McClure Cabin Common Tract C 48.96 Zone District 2: Future Subdivision Phase Common TOTAL ACRES 98.19 4.2. Improvements Installed Initial construction of facilities in Zone District 1 commenced in 2018, with the issuance of Grading Permit No. GRAD‐04‐18‐5208. Improvements installed to date in Zone District 1 include:  (2) accesses into property approved and accepted by CDOT  Main road through property, “Chukka Trail” (currently gravel)  (2) Polo fields  (2) Mixed use horse barns (each with one dwelling unit)  (2) OWTS as permitted by County Environmental Health  (3) ponds for irrigation storage and fire protection  (7) wells  Shallow utilities to serve Zone District 1 The majority of improvements as necessitated by this Final Plat application have already been installed, however, there remains several items to be completed. The Engineer’s Certification & Cost McClure River Ranch PUD 9 Final Plat, Zone District 1 – June 2022 Estimate in Appendix J provides a detailed analysis of improvements that have been installed to date, and items which remain to be installed to support the buildout of Zone District 1. The remaining items total $385,969.26 including the County’s required 10% contingency. This amount is included in the Improvements Agreement in Appendix G and will be secured by a letter of credit. Remaining improvements generally include:  Clearing, grubbing, and fence installation along 885 linear feet of BLM boundary in Zone 2  Paving of Chukka Trail at 24’ width to comply with the approved PUD Plan Map  Installation of 1 drywell for stormwater drainage  Installation of 437 linear feet of gas line  Installation of 49 square yards of soil retention blanket  Seeding and mulching 1 acre Prior to the re‐initiation of these construction activities, the contractor will obtain a new grading permit, as the original permit has expired. As these improvements are completed, the project’s Civil Engineer will provide an inspection and certification report to the County for the release of credit in accordance with the terms of the Improvements Agreement. 4.3. Domestic Water Domestic water for Zone District 1 is provided by 7 wells in compliance with the recently amended PUD. All of these wells have final permits issued by the Division of Water Resources, and water quality has been adequately addressed as required by prior conditions of approval (see Appendix Q). The Water Quality & Well Permits report in Appendix L provides a detailed summary of water rights and permitted uses for both raw and domestic water to serve Zone District 1. 4.4. On‐Site Wastewater Treatment Systems (OWTS) Zone District 1 was designed and approved with 4 separate OWTS. Two of these systems have been permitted by the Environmental Health department and installed, and each are associated with one of the two mixed‐use barns that have been constructed to date. As additional OWTS are necessitated, permits will be applied for in the locations allowed by the approved PUD Plan Map. 4.5. Electricity Holy Cross Energy provides electric service to the property, and they have provided a commitment to serve letter located in Appendix O. All electric infrastructure has been installed to serve each lot and tract in Zone District 1, with future connection points to Zone District 2. McClure River Ranch PUD 10 Final Plat, Zone District 1 – June 2022 4.6. Natural Gas Black Hills Energy provides natural gas service to the property, and they have provided a commitment to serve letter located in Appendix O. Most natural gas infrastructure has been installed to serve the lots and tracts in Zone District 1, however as detailed in the Engineer’s Certification & Cost Estimate in Appendix J, there remains 437 linear feet of gas line to be installed. 4.7. Communications Comcast provides communications service to the property, and they have provided a commitment to serve letter located in Appendix O. All communications infrastructure has been installed to serve each lot and tract in Zone District 1, with future connection points to Zone District 2. McClure River Ranch PUD 11 Final Plat, Zone District 1 – June 2022 5. Permitting & Regulatory Compliance This section provides a summary of necessary permits and regulatory compliance items that are associated with this application for Final Plat. 5.1. Grading Permits – Garfield County Prior to the initiation of construction of the remaining Zone District 1 improvements, the Applicant or contractor will apply for a new grading permit. Most of the necessary infrastructure work has already been completed under a grading permit that was issued in 2018. Grading Permit 1 (issued in 2018) Permit No. GRAD‐04‐18‐5208  Allowed for grading and excavation for construction of 2 polo fields, infrastructure, utilities, and 3 irrigation/fire suppression supply ponds. Grading Permit 2 (to be applied for prior to installation of remaining public improvements) The following items are to be included (Some of these items are not required to be permitted but are included for clarity):  Clearing, grubbing, and fence installation along 885 linear feet of BLM boundary in Zone 2  Paving of Chukka Trail at 24’ width to comply with the approved PUD Plan Map  Installation of 1 drywell for stormwater drainage  Installation of 437 linear feet of gas line  Installation of 49 square yards of soil retention blanket  Seeding and mulching 1 acre 5.2. Stormwater Discharge Permit – CDPHE The area of Zone District 1 has a valid Stormwater Discharge Permit issued by the Colorado Department of Public Health and Environment. This permit is included in the Engineer’s Certification & Cost Estimate in Appendix J. During construction of the remaining improvements, Best Management Practices (BMPs) will be used to mitigate sediment transport and erosion due to storm events. Temporary BMPs may consist of silt fence, erosion logs, check dams, storm inlet and drain protection, temporary sediment traps and depressions, berms, and surface roughening. These BMPs will be maintained and improved during construction as needed. McClure River Ranch PUD 12 Final Plat, Zone District 1 – June 2022 5.3. School Land Fee‐in‐Lieu Article 7‐404 of the LUDC requires either a dedication of school land or a fee‐in‐lieu of land dedication to be paid to the benefit of the school district. The McClure River Ranch PUD lies within the boundaries of the Roaring Fork School District, Carbondale attendance area. The Applicant has elected to pay a fee‐in‐lieu of land dedication and will do so at the time of recording the Final Plat for Zone District 1. The Applicant has provided a Comparable Market Analysis (CMA) of the 49.23 acres contained within Zone District 1, which is in Appendix P. Page 7 of the CMA determined the value per acre of land in Zone District 1 to be $227,473.22. Therefore, the calculation for the school land fee‐in‐lieu is as follows: School Land Fee‐in‐Lieu Calculation Market Value of Land per CMA $11,198,495 / Acres within Zone District 1 49.23 = Unimproved Per Acre Market Value of Land (rounded to nearest whole dollar) $227,473 X Land Dedication Standard for Multi‐Family Units (for mixed‐use dwellings) 0.015 X Number of Units allowed in Zone District 1 14 = Fee‐in‐Lieu Amount $47,769.33 McClure River Ranch PUD 13 Final Plat, Zone District 1 – June 2022 6. Operation & Maintenance The McClure River Ranch PUD has been well‐organized to be operated and maintained by a Master Association and private owners, as provided for in the Covenants, Conditions and Restrictions (CCRs) in Appendix I. Certain conditions of approval from the PUD and Preliminary Plan approvals required that the CCRs address items such as maintenance and operation of wells, wildlife provisions, special events parking and sanitation, maintenance and operation of OWTS, and future wastewater treatment facilities. The demonstration of compliance with these CCR‐specific conditions is provided in Appendix Q. END Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ McClure River Ranch PUD 16411 Old Highway 82, Carbondale, CO 81623 2 3 9 1 3 1 1 0 0 0 3 3 A PARCEL OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31 Aspen Polo Partners, LLP 561 989-0274 715 West Main Street, Suite 201 Aspen CO 81611 MGanzi@digitalbridge.com 345 Colorado Ave. #106 970 379-4155 Carbondale CO 81623 jon@landwestcolorado.com AND IN LOTS 5 AND 13 OF SECTION 32 TOWNSHIP 7 SOUTH, RANGE 87 WEST PUD 98.19 ✔ ✔ Jon Fredericks, LANDWEST Colorado, LLC Project Description Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403):_____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ _______________________________ Ownerr rrrr rrrrrrr r r Agricultural, residential, outdoor recreation. (Additional uses are allowed per recorded PUD Guide.) See PUD Guide Table 4.2 (Reception No. 945439) The Applicant seeks to record Final Plat for Zone District 1 of the McClure River Ranch PUD. Zone District 1 includes 7 Lots, 2 Tracts, 9 Building Envelopes, and 1 Utility Building Envelope for the existing irrigation pumphouse. This Final Plat also includes the platting of Zone District 2 as one future phase Tract C. This application for Final Plat includes all required submittals, including CCRs, Improvements Agreement, Engineer's Cost Estimate, utility service letters, school land fee-in-lieu calculation, and demonstration of compliance with prior Conditions of Approval. 10 14 DUs (Zone District 1)98.19 TBD based on Use 6-2-2022 Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, CO 81611 May 9, 2022 Glenn Hartmann, Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 RE:Aspen Polo Partners, LLP:Letter of Authorization Dear Mr. Hartmann, As the property owner of the McClure River Ranch PUD, Aspen Polo Partners, LLP intends to submit various land use applications for review by Garfield County. This letter grants authorization to LANDWEST Colorado, LLC via Jon Fredericks, and KLEIN COTÉ EDWARDS CITRON LLC via Joseph E. Edwards, III (the “Agents”) on behalf of Aspen Polo Partners, LLP (the “Applicant”). LANDWEST Colorado, LLC AND KLEIN COTÉ EDWARDS CITRON LLC 345 Colorado Ave. #106 101 South Mill Street, Ste. 200 Carbondale, CO 81623 Aspen, CO 81611 (970) 379-4155 (970) 925-8700 jon@landwestcolorado.com jee@kceclaw.com Said authorization allows either or both Agents to submit the Applicant’s land use applications and to represent the Applicant throughout the review processes. Sincerely, Aspen Polo Partners, LLP By: ____________________________________ Marc C. Ganzi, Managing Director Cc: Jon Fredericks, LANDWEST Colorado, LLC Joseph E. Edwards, III, KLEIN COTÉ EDWARDS CITRON LLC _____________________________________________________________ .Gaanzi,M This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 1 of 18 ALTA Commitment for Title Insurance (8-1-16) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Commitment COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,First American Title Insurance Company, a Colorado Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. First American Title Insurance Company If this jacket was created electronically, it constitutes an original document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 2 of 18 ALTA Commitment for Title Insurance (8-1-16) COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 3 of 18 ALTA Commitment for Title Insurance (8-1-16) (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)Page 4 of 18 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule A Transaction Identification Data for reference only: Issuing Agent: Winter Van Alstine Issuing Office: Attorneys Title Insurance Agency of Aspen, LLC Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.: Commitment No.: 19004265 Issuing Office File No.: 19004265 Property Address: 16411 Old State Highway 82, Carbondale, CO 81623 SCHEDULE A 1. Commitment Date: October 18, 2021 at 07:45 AM 2. Policy or Policies to be issued: Amount Premium A. ALTA Owners Policy (06/17/06)$0.00 $0.00 Proposed Insured: TBD Certificate of Taxes Due $0.00 Endorsements: Additional Charges:$0 Total $0.00 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. The Title is, at the Commitment Date, vested in: Aspen Polo Partners, LLP, a Colorado limited liability partnership 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 16411 Old State Highway 82, Carbondale, CO 81623. SCHEDULE A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)Page 5 of 18 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A Attorneys Title Insurance Agency of Aspen, LLC By: Winter Van Alstine Authorized Officer or Agent FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC, 715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax: 970 925-7348. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)Page 6 of 18 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII Commitment No: 19004265 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. 6. Evidence that all assessments for common expenses, if any, have been paid. 7. Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company 8. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from Aspen Polo Partners, LLP, a Colorado limited liability partnership, to TBD, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9. Release of the Deed of Trust, Assignment of Leases and Rents, and Security Agreement, from Aspen Polo Partners, LLP, a Colorado limited liability partnership, to the Public Trustee of Pitkin County for the benefit of The Northern Trust Company, to secure an indebtedness in the principal sum of $3,600,000.00, and any other amounts and/obligations secured thereby, dated May 25, 2018, and recorded June 1, 2018, as Reception No. 907434. 10. Release of the Deed of Trust, Assignment of Leases and Rents, and Security Agreement, from Aspen Polo Partners, LLP, a Colorado limited liability partnership, to the Public Trustee of Pitkin County for the benefit of The Northern Trust Company, to secure an indebtedness in the principal sum of $2,000,000.00, and any other amounts and/obligations secured thereby, dated December 20, 2018, and recorded December 21, 2018, as Reception No. 915636. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 7 of 18 Disclosure Statement (5-1-15) Colorado 11. Record a Statement of Authority to provide prima facie evidence of existence of Aspen Polo Partners, LLP, a Colorado limited liability partnership, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 12. Certificate of Good Standing from the Colorado Secretary of State for Aspen Polo Partners, LLP, a Colorado limited liability partnership. 13. A copy of the properly signed and executed Operating Agreement if written, for Aspen Polo Partners, LLP, a Colorado limited liability partnership, to be submitted to the Company for review. 14. Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be taken to adverse matters disclosed thereby. 15. Additional Requirements may be included once the name of the Buyer is provided. 16. This Title Commitment is subject to underwriter approval. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)Page 8 of 18 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Commitment No.: 19004265 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 8. Any water rights, claims of title to water, in, on or under the Land. 9. Taxes and assessments for the year 2021, and subsequent years, a lien not yet due or payable. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 9 of 18 Disclosure Statement (5-1-15) Colorado 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in the United States Patent dated 30 June 1892, and recorded 2 May 1903, in Book 73 at Page 167, as Reception No. 082729; and as reserved in the United States Patent dated 5 June 1894 and recorded 11 August 1894 in Book 12 at Page 333 as Reception No. 017568. 11. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and right of way for ditches or canals constructed by the authority of the United States, as described in the United States Patent dated 30 June 1892, and recorded 2 May 1903, in Book 73 at Page 167, as Reception No. 082729. 12. Terms, conditions, provisions, agreements and obligations specified in the deed reserving an undivided one-half interest in and to any and all oil, gas rights and any and all assignments therof or interests therein on or under said land described in the deed recorded dated 10 January 1944 and recorded 10 January 1944 in Book 208 at Page 584 as Reception No. 150766. 13. Terms, conditions, provisions, agreements and obligations specified in the deed reserving an undivided one-half interest in and to any and all oil, gas rights and any and all assignments therof or interests therein on or under said land described in the deed dated 4 April 1961 and recorded 12 April 1961 in Book 333 at Page 302 as Reception No. 213359. 14. Terms, conditions, provisions, agreements and obligations specified under the Right-of-way Easement dated 25 August 1961 and recorded 19 October 1961 in Book 337 at Page 229 as Reception No. 215432. 15. Terms, conditions, provisions, agreements and obligations specified under the Right-of-way Easement dated 21 October 1975 and recorded 22 October 1975 in Book 479 at Page 875 as Reception No. 269894. 16. Intentionally deleted. 17. Intentionally deleted. 18. Terms, conditions, provisions, agreements and obligations specified under the Quit Claim Deed for Water Rights, dated August 31, 2006, and recorded September 1, 2006, as Reception No. 705846. 19. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2007-PC-05, A Resolution Concerned With an Amendment to the Garfield County Comprehensive Plan, Study Area I, By the Garfield County Planning Commission, dated 11 June 2007 and recorded 14 December 2007 as Reception No. 739330. 20. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2009-81, A Resolution Concerned With Approving the Planned Unit Development and Preliminary Plan for the TCI Lane Ranch PUD and Retracting and Replacing Resolution 2009-71 (in its entirety) In Order To Correct Scriveners Errors in the PUD Guide for the TCI Lane Ranch Planned Unit Development, dated 7 December 2009 and recorded 9 December 2009 as Reception No. 778758. 21. Terms, conditions, provisions, agreements and obligations specified under the Land Use Change Permit dated 9 February 2010 and recorded 10 February 2010 as Reception No. 781907. 22. Terms, conditions, provisions, agreements and obligations specified under the Land Use Change Permit recorded 21 May 2010 as Reception No. 786310. 23. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2010-57, A Resolution Concerned With the Approval of an Extension for the TCI Lane Ranch PUD Preliminary Plan Located East of Catherine Store and CR 100 on Old Highway 82, Garfield County, dated 19 July 2010 and recorded 4 August 2010 as Reception No. 789509. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 10 of 18 Disclosure Statement (5-1-15) Colorado 24. Terms, conditions, provisions, agreements and obligations specified under Resolution 2010-101, A Resolution of Approval For and Amendment to the TCI Lane Ranch Planned Unit Development To Remove the Designation of "Employee Units" From the Development Site Plan, dated 20 December 2010 and recorded 5 January 2011 as Reception No. 796752. 25. Terms, conditions, provisions, agreements and obligations specified under the Fencing Agreement dated 8 June 2012 and recorded 27 August 2012 as Reception No. 823180. 26. Terms, conditions, provisions, agreements and obligations specified under Resolution 2013-58, A Resolution Concerned With the Approval of a Third Extension for the TCI Lane Ranch PUD Preliminary Plan, dated 3 September 2013 and recorded 4 September 2013 as Reception No. 840245; and under Resolution No. 2015-49, A Resolution Concerned With the Approval of a Fourth Extension for the TCI Lane Ranch PUD Preliminary Plan, dated8 September 2015 and recorded 9 September 2015 as Reception No. 867726. 27. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2016-37, A Resolution of Approval for a Correction to Resolution No. 2010-101 Which Granted Approval for the Removal of "Employee Units" from the TCI Lane Ranch Development Site Plan, dated 2 May 2016 and recorded 3 May 2016 as Reception No. 876726. 28. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2016-59, A Resolution Concerned With the Approval of a Fifth Extension for the TCI Lane Ranch PUD Preliminary Plan, dated 12 September 2016 and recorded 13 September 2016 as Reception No. 882266. 29. Terms, conditions, provisions, agreements and obligations specified under the Bargain and Sale Deed and Assignment Water Rights, recorded June 1, 2017, as Reception No. 893043. 30. Terms, conditions, provisions, agreements and obligations specified under the Assignment and Assumption of Contracts and Permits, dated May 30, 2017, and recorded June 1, 2017, as Reception No. 893044. 31. Terms, conditions, provisions, agreements and obligations specified under the Resolution No. 2018-10, recorded March 13, 2018, as Reception No. 904213. 32. Terms, conditions, provisions, agreements and obligations specified under the Aspen Valley Polo Club PUD Guide, dated February, 2018, and recorded March 13, 2018, as Reception No. 904214. 33. Any and all notes, easements and recitals as disclosed on the recorded PUD Plan Map, Aspen Valley Club PUD, dated February 23, 2018, and recorded March 13, 2018, as Reception No. 904215. 34. Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Energy Underground Right-of-Way Easement, recorded April 20, 2018, as Reception No. 905657. 35. Terms, conditions, provisions, agreements and obligations specified under the Trench, Conduit and Vault Agreement, dated April 3, 2018, and recorded April 20, 2018, as Reception No. 905658. 36. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Water Allotment Contract, dated April 5, 2018, and recorded May 3, 2018, as Reception No. 906336. 37. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Water Allotment Contract, dated April 5, 2018, and recorded May 3, 2018, as Reception No. 906337. 38. Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Energy Underground Right-of-Way Easement, recorded April 29, 2019, as Reception No. 919719. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 11 of 18 Disclosure Statement (5-1-15) Colorado 39. Any and all notes, encroachments, easements and recitals as disclosed on the recorded Preliminary Plan of McClure River Ranch, recorded November 16, 2020, as Reception No. 945442. 40. Any and all notes, encroachments, easements and recitals as disclosed on the recorded PUD Plan Map, recorded November 16, 2020, as Reception No. 945440. 41. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2020-54, recorded November 16, 2020, as Reception No. 945439. 42. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2020-55, recorded November 16, 2020, as Reception No. 945441. 43. Right of way for ditches that traverse the property, and river tributaries, as show on the ALTA/NSPS Land Title Survey, provided by True North Colorado, dated April 18, 2018, as Project No. 2017-115. 44. Any loss or damage due to the fence lines not coinciding with the property boundaries, as show on the ALTA/NSPS Land Title Survey, provided by True North Colorado, dated April 18, 2018, as Project No. 2017-115. 45. Overhead Electric Line, as shown on the ALTA/NSPS Land Title Survey, provided by True North Colorado, dated April 18, 2018, as Project No. 2017-115. 46. Any rights, interests or easements in favor of the United States, the State of Colorado or the public, which exists or are claimed to exist in and over the present and past bed, banks, waters or river tributaries of The Roaring Fork River. 47. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. Form 5000000-EX (7-1-14)Page 12 of 18 Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Exhibit A File No.: 19004265 The Land referred to herein below is situated in the County of Garfield, State of Colorado, and is described as follows: A tract of land situated in Lots 8, 9, and 10 of Section 31 and in Lots 5 and 13 of Section 32, all in Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying Southerly of and adjacent to the Southerly right of way line of Old State Highway 82 and being more particularly described as follows: Beginning at a point on said Southerly right of way line whence a stone found in place for the witness corner to the Northeast corner of said section 31 bears N 26 degrees 00’ 43” E 1433.52 feet; thence S 79 degrees 58’ 52” E 2125.37 feet along said Southerly right of way line to the Northwest corner of a parcel of land described in Book 1013 at Page 423 of the records of the Garfield County Clerk and Recorder; thence along the Westerly boundary line of said parcel on the following two (2) courses: S 04 degrees 55’ 00” W 461.90 feet; thence S 01 degrees 00’ 00” E 861.25 feet to a point on the Northerly right of way line of the Roaring Fork Transit Authority Railroad right of way; thence 169.57 feet along said Northerly railroad right of way line on the arc of a 1565.69 foot radius curve to the left, the chord of which bears S 54 degrees 32’ 43” W 169.49 feet to a point on the Southerly boundary line of said Lot 13; thence N 89 degrees 54’ 14” W 651.37 feet along the Southerly boundary line of said Lot 13 to the Northeast corner of said Lot 10; thence S 00 degrees 10’ 37” E 297.60 feet along the Easterly boundary line of said Lot 10 to a point on the approximate high water line along the North Bank of the Roaring Fork River, thence along the approximate high water line the following eight (8) courses: S 89 degrees 14' 32" W 309.42 feet; thence N 89 degrees 48' 58" W 140.45 feet, thence S 85 degrees 10' 25" W 69.40 feet; thence S 79 degrees 59' 38" W 295.48 feet; thence S 51 degrees 27' 51" W 194.85 feet; thence S 66 degrees 58' 23" W 177.89 feet; thence S 59 degrees 38' 56" W 83.40 feet; thence S 57 degrees 43' 02" W 142.66 feet to a point on the Easterly boundary line of Blue Creek Ranch recorded as Reception No. 623535 in the records of the Garfield County Clerk and Recorder thence along the Easterly boundary line of said Blue Creek Ranch on the following three (3) courses: N 00 degrees 10’ 37” W 670.31 feet; thence N 89 degrees 54' 14" W 231.46 feet; thence N 00 degrees 02' 13" W 1677.90 feet to the Southwest corner of a parcel of land described in Book 333 at Page 511 of the Garfield County records; thence S 79 degrees 52' 12" E 278.00 feet along the Southerly boundary line of the Parcel described in said Book 333 at Page 511 to the Southeast corner of said parcel; thence N 00 degrees 02' 13" W 156.69 feet along the Easterly boundary line of said parcel to the point of beginning, Garfield County, Colorado. Form 50-CO-Disclosure (4-1-16)Page 13 of 18 Disclosure Statement (5-1-15) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic’s and material-men’s liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Form 50-CO-Disclosure (4-1-16)Page 14 of 18 Disclosure Statement (5-1-15) Colorado NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. TELEPHONE 970 925-7328 FACSIMILE 970 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on application or other forms. Information about your transactions we secure from out files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customer to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Parcel Physical Address Owner Account Num Mailing Address 239129300084 16704 82 HWY CARBONDALE ROARING FORK RANCH LLC R084217 PO BOX 1666 SANIBEL, FL 33957 239131100012 16059 82 HWY CARBONDALE CATHERINE COURT LLC R111272 9723 W 83RD AVENUE ARVADA, CO 80005 239131100033 16411 82 HWY CARBONDALE ASPEN POLO PARTNERS LLP R043722 101 S MILL STREET SUITE 200 ASPEN, CO 81611 239131120003 67 GAMBLE OAK WAY CARBONDALE MERZ, ANNE B R009729 28 DAKOTA MEADOWS DRIVE CARBONDALE, CO 81623 239131120004 81 GAMBEL OAK WAY CARBONDALE DIDIER, JEFFERY & CORY R009730 81 GAMBEL OAK WAY CARBONDALE, CO 81623 239131120005 63 PINON LN CARBONDALE WHITE, ANNE R009731 63 PINON LANE CARBONDALE, CO 81623 239131120006 45 PINON CARBONDALE EVANS, KENDALL & JUDITH K R009732 45 PINON LANE CARBONDALE, CO 81623 239131120007 33 PINON LN CARBONDALE BAYENS, SCOTT & MCLEAN R009733 33 PINON LANE CARBONDALE, CO 81623 239131120008 29 PINON LN CARBONDALE ENZER, JOSEPH E R009734 29 PINON LANE CARBONDALE, CO 81623 239131120009 23 PINON LN CARBONDALE JOHNSON STEELE FAMILY TRUST R009735 23 PINON LANE CARBONDALE, CO 81623 239131120010 11 PINON LN CARBONDALE SEQUOIA HEIGHTS CAPITAL PARTNERS LLC R009736 1101 5TH AVENUE #300 SAN RAFAEL, CA 94901 239131120015 245 PONDEROSA CARBONDALE HUNT, LOUISE B & MATTHEW D R009741 245 PONDEROSA CARBONDALE, CO 81623 239131120016 265 PONDEROSA CARBONDALE NORMAN, RONALD R & MARIAN C‐CO‐TRUSTEES NORMAN, RONALD R & MARIAN C JOINT REV TRUST R009742 808 ROARING SPRINGS ROAD FORT WORTH, TX 76114 239131120017 277 PONDEROSA PASS CARBONDALE DEVERS, WILLIAM J III & CHRISTIAN MICHAELS R009743 277 PONDEROSA PASS CARBONDALE, CO 81623 239131120040 30 PINON LN CARBONDALE ALCANTARA, DIANA MARIE R009766 30 PINON LANE CARBONDALE, CO 81623 239131120041 40 PINON LN CARBONDALE GRACE, CAROL E R009767 40 PINON DRIVE CARBONDALE, CO 81623 239131120042 64 PINON LN CARBONDALE ANDERSON, ASHLEY R009768 64 PINON LANE CARBONDALE, CO 81623 239131120043 60 PINON LN CARBONDALE DAHL, RANDALL SCOTT & KIMBERLY RENEE R009769 PO BOX 757 BASALT, CO 81621 239131120050 Not available CARBONDALE BLUE CREEK RANCH HOMEOWNERS ASSOCIATION R009778 NO 24 105 PONDEROSA PASS CARBONDALE, CO 81623 239131120051 Not available CARBONDALE BLUE CREEK RANCH HOMEOWNERS ASSOCIATION R009779 NO 24 105 PONDEROSA PASS CARBONDALE, CO 81623 239131120052 Not available CARBONDALE BLUE CREEK RANCH HOMEOWNERS ASSOCIATION R009780 NO 24 105 PONDEROSA PASS CARBONDALE, CO 81623 239131300015 Not available CARBONDALE T2 CARBONDALE LLC R111420 4582 S ULSTER STREET, SUITE 405 DENVER, CO 80237‐2565 239131420018 291 PONDEROSA CARBONDALE DEVERS, WILLIAM J III & CHRISTIAN MICHAELS R009744 277 PONDEROSA PASS CARBONDALE, CO 81623 239131420019 301 PONDEROSA CARBONDALE PURDY, KAREN & ROBERT E JR TRUST R009745 301 PONDEROSA PASS CARBONDALE, CO 81623 239131420020 313 PONDEROSA PASS CARBONDALE FINNEY, DANIEL WILL & KING, SUSAN ANNE R009746 313 PONDEROSA PASS CARBONDALE, CO 81623 239131420023 270 BRISTLECONE DR CARBONDALE CHARTERS, AMY GRIFFITH & CAHARTERS, JOHN C AS TRUSTEE OF THE AMY GRIFFITH CHARTERS 2007 REVOCABLE TRUST DTD 6/18/07 AS AMENDED R009749 270 BRISTLECONE DRIVE CARBONDALE, CO 81623 239131420024 236 BRISTLECONE DR CARBONDALE SLIVKA, TERRI L R009750 236 BRISTLECONE DRIVE CARBONDALE, CO 81623 239131420053 Not available CARBONDALE BLUE CREEK RANCH HOMEOWNERS ASSOCIATION R009781 NO 24 105 PONDEROSA PASS CARBONDALE, CO 81623 239132200003 16543 82 HWY CARBONDALE ASPEN WALDORF FOUNDATION R111443 16543 HIGHWAY 82 CARBONDALE, CO 81623 239132201002 Not available CARBONDALE SIMMONS, NATHAN FRITZ & KARYN LIEN R112113 1197 HERITAGE DRIVE CARBONDALE, CO 81623 239132300051 RAILROAD R.O.W. CARBONDALE ROARING FORK TRANSPORTATION AUTHORITY R112107 1340 MAIN STREET CARBONDALE, CO 81623 239336300016 RAILROAD R.O.W. CARBONDALE ROARING FORK TRANSPORTATION AUTHORITY R112105 1340 MAIN STREET CARBONDALE, CO 81623 246301300043 Not available CARBONDALE T2 CARBONDALE LLC R111508 4582 S ULSTER STREET, SUITE 410 DENVER, CO 80237‐2565 246312100951 Not available null BLM UNITED STATES OF AMERICA R083528 2300 RIVER FRONTAGE ROAD SILT, CO 81652 246312100951 Not available null BLM UNITED STATES OF AMERICA R083528 2300 RIVER FRONTAGE ROAD SILT, CO 81652 ROW Not available null ADJACENT PROPERTY OWNERS WITHIN 200' 1 SUBDIVISION IMPROVEMENTS AGREEMENT FOR ZONE DISTRICT 1, McCLURE RIVER RANCH THIS SUBDIVISION IMPROVEMENTS AGREEMENT FOR ZONE DISTRICT 1, McCLURE RIVER RANCH (“SIA”) is made and entered into this ___ day of _________________, 2022, by and between Aspen Polo Partners, LLP (“Owner”) and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents (“BOCC”). RECITALS A. Owner is the owner and developer of the McClure River Ranch PUD (the “Subdivision” or “Property”), which property is depicted on the Final Plat of McCLURE RIVER RANCH Subdivision (“Final Plat”) recorded on ____________, 2022, at Reception No. ____________ of the real estate records of Garfield County, Colorado (the “Records”) and incorporated by this reference. The real property subject to this SIA is known as Zone District 1 or Phase 1 and is described on the Final Plat. B. On February 20, 2018, by Resolution No. 2018-10, recorded at Reception No. 904213 of the Records and incorporated by this reference, the BOCC approved a substantial amendment to the TCI Lane Ranch PUD (including the change of the name of the PUD) on the Subdivision. On March 13, 2018, the approved and executed PUD Guide for the Subdivision was recorded at Reception No. 904214, and the approved and executed PUD Plan Map for the Subdivision was recorded at Reception No. 904215 of the Records. C. The Owner filed with the County an application to amend the PUD plan and to divide the Property into Phase 1 and Phase 2. On August 17, 2020, by Resolution No. 2020-55, recorded at Reception Number 945441 of the Records and incorporated by this reference, the BOCC approved a preliminary plan for Phase 1 of the Subdivision which, among other things, creates six “Barn Lots,” “Tract A” and “Tract B” and various building envelopes. (“Preliminary Plan Approval”). Phase 2, also called “Tract C,” is reserved for future platting and eventual residential development. A separate SIA will be entered by the Parties at such time as Phase 2 is subdivided and developed. D. On August 17, 2020, by Resolution No. 2020-54 recorded at Reception No. 945439 of the Records and incorporated by this reference, the BOCC approved a substantial amendment to the PUD plan and executed and recorded the PUD Guide (1st Amendment, August 2020) for the Subdivision. Further, the BOCC approved and executed Amended PUD Plan Map for the Subdivision which was recorded at Reception No. 945440 of the Records. All of which are incorporated herein by this reference. E. Owner filed an application for approval of a Final Plat for the Subdivision. As a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Land Use and Development Code, as 2 amended (LUDC), Owner wishes to enter into this SIA with the BOCC. F. Owner has agreed to execute and deliver a letter of credit or other security in a form satisfactory to the BOCC to secure and guarantee Owner’s performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth below. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner (“Parties”) agree as follows: AGREEMENT 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, the PUD Guide, as amended, and the requirements of the LUDC and any other governmental or quasi-governmental regulations applicable to the Subdivision (“Final Plat Approval”). Recording of the Final Plat in the Records shall be in accordance with this SIA and at the time prescribed herein. 2. OWNERS PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner has constructed and installed certain and shall cause to be constructed and installed certain other subdivision improvements, identified in the Exhibits defined in subparagraph 2.a.i., below (“Subdivision Improvements”) at Owner’s expense, including payment of fees required by Garfield County and/or other governmental and quasi-governmental entities with regulatory jurisdiction over the Subdivision. Unless extended by approval of Garfield County for good cause shown, the Subdivision Improvements, shall be completed on or before ______________, 202__ (“Completion Date”), in substantial compliance with the following: i. Plans marked “Approved for Construction” for all Subdivision Improvements prepared by Roaring Fork Engineering (“Owner’s Engineer”) and submitted to the BOCC on _______________, 2022, such plans being summarized in the list of drawings attached to and made a part of this SIA by reference as Exhibit A; the Engineer’s Opinion of Probable Costs, certified by and bearing the stamp of Owner’s Engineer, attached to and made a part of this SIA by reference as Exhibit B, which estimate includes a line item for 10% percent of the estimated cost of the remaining Subdivision Improvements for contingencies; and all other documentation required to be submitted along with the Final Plat under pertinent sections of the LUDC (“Final Plat Documents”). ii. All requirements of the Preliminary Plan Approval. 3 iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi-governmental authority (ies) with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; the record drawings have been submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3(h), below; and all other requirements of this SIA have been met, then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and the LUDC, with respect to the installation of Subdivision Improvements. For future reference, if the Security or alternative security has been released by the County as provided herein and no notice of default has been recorded in the Records, purchasers of lots or portions of the Subdivision may rely on the fact that the Owner has fulfilled Owner’s obligations under this SIA. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE- VEGETATION). a. Subdivision Improvements Security and Substitute Collateral. As security for Owner’s obligation to complete the Subdivision Improvements, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a form of security deemed adequate and agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C (“Security”) or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The Security shall be in the amount of $385,969.26, representing the full estimated cost of completing the Subdivision Improvements which have not yet been completed, with a sufficient contingency to cover cost changes, unforeseen costs and other variables (equal to 10% of the estimated cost and as approved by the BOCC), as set forth and certified by Owner’s Engineer on Exhibit B, to guarantee completion of the Subdivision Improvements. The Security shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than the Security, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements subject of this Paragraph 3.a. b. Security Requirements and Plat Recording. The Security required by this SIA shall be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing the Security is not licensed in the State of Colorado and transacting business within the State of Colorado, the Security shall be confirmed within the meaning of the Uniform Commercial Code, Letters of Credit, 4-5-101, et seq., C.R.S., as amended, by a bank that is licensed to do business in the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The Security 4 shall state that presentation of drafts drawn under the Security shall be at an office of the issuer or confirmer located in the State of Colorado. The Final Plat of the Subdivision shall not be recorded until the security, described in this paragraph 3, below has been received and approved by the BOCC. c. Extension of Security Expiration Date. If the Completion Date, identified in paragraph 2.a., above, is extended by a written amendment to this SIA, the time period for the validity of the Security shall be similarly extended by the Owner. For each six (6) month extension, at the sole option of the BOCC, the face amount of the Security shall be subject to re-certification by Owner’s Engineer of the remaining cost of completion of the Subdivision Improvements together with a 10% contingency on such remaining amount, and review by the BOCC. d. Unenforceable Security. Should the Security expire or become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the Security, prior to the BOCC’s approval of Owner’s Engineer’s certification of completion of the Subdivision Improvements, Owner shall be in material breach of this SIA, and the this SIA shall be voidable by action of the BOCC and, upon such action, this SIA shall be of no further force and effect and the Final Plat shall be vacated pursuant to the terms of this SIA. e. Partial Releases of Security. Owner may request partial releases of the Security and shall do so by means of submission to the Building and Planning Department of a “Written Request for Partial Release of Security”, in the form attached to and incorporated by this reference as Exhibit D, accompanied by the Owner’s Engineer’s stamped certificate of partial completion of improvements. The Owner’s Engineer shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval. Owner may also request release for a portion of the Security upon proof that 1) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face amount of the Security as portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner’s Engineer and said certification is approved by the BOCC. f. BOCC’s Investigation. Notwithstanding the foregoing, upon submission of the Owner’s Written Request for Partial Release of Security, along with Owner’s Engineer’s certificate of partial completion of improvements, the BOCC may review the certification and may inspect and review the Subdivision Improvements certified as complete to determine whether or not they have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency is furnished to Owner by the 5 BOCC within fifteen (15) business days of submission of Owner’s Written Request for Partial Release of Security, accompanied by Owner’s Engineer’s certificate of partial completion of improvements, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall authorize release of the appropriate amount of Security including the 10% contingency associated with the released portion of the Security. ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications, the BOCC shall furnish a letter of potential deficiency to the Owner within fifteen (15) business days of submission of Owner’s Written Request for Partial Release of Security. iii. If a letter of potential deficiency is issued identifying a portion of the certified Subdivision Improvements as potentially deficient, then all Subdivision Improvements not identified as potentially deficient shall be deemed approved by the BOCC, and the BOCC shall authorize release of the amount of security related to the Subdivision Improvements certified as complete and not identified as potentially deficient together with the 10% contingency associated with the released portion of the security. iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency, the BOCC shall have thirty (30) days from the date of the letter of potential deficiency to complete the initial investigation, begun under subparagraph 3.f.ii., above, and provide written confirmation of the deficiency(ies) to the Owner. v. If the BOCC finds that the Subdivision Improvements are complete, in compliance with the relevant specifications, then the appropriate amount of security shall be authorized for release within ten (10) business days after completion of such investigation. g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the thirty (30) day period of time defined in subparagraph 3.f.iv. above, that the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Subdivision Improvements, whether or not Owner has submitted a written request for release of Security, the BOCC may withdraw and employ from the Security such funds as may be reasonably necessary to complete construction of the Subdivision Improvements in accordance with the specifications, up to the face amount or remaining face amount of the Security. In such event, the BOCC shall make a written finding at a public 6 meeting after notice to Owner regarding Owner’s failure to comply with this SIA prior to requesting payment from the Security, in accordance with the provisions of Article 13 of the LUDC. h. Final Release of Security. Upon completion of all Subdivision Improvements, Owner shall submit to the BOCC, through the Community Development Department: 1) record drawings bearing the stamp of Owner’s Engineer certifying that all Subdivision Improvements including any required off-site improvements, have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property, if any, and other interests, if any, which Owner is obligated to convey to the Homeowner’s Association of the Subdivision at the time of Final Plat Approval; and 3) a Written Request for Final Release of Security, in the form attached to and incorporated herein as Exhibit E, along with Owner’s Engineer and certificate of final completion of improvements. i. The BOCC shall authorize a final release of the Security after the Subdivision Improvements are certified as final to the BOCC by the Owner’s Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of Security within ten (10) business days following submission of the Owner’s Written Request for Final Release of Security. ii. Notwithstanding the foregoing, upon Owner’s Written Request for Final Release of Security, accompanied by Owner’s Engineer’s certificate of final completion of improvements, the BOCC may determine to inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3.f., above, shall be followed. iii. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize final release of Security within ten (10) days after completion of such investigation. iv. If the BOCC finds that the Subdivision Improvements are not complete in accordance with the relevant specifications, the BOCC may complete remaining Subdivision Improvements or pursue its remedies in accordance with the process outlined in paragraph 3.g., above. 4. SECURITY FOR REVEGETATION. NOT APPLICABLE. 7 5. WATER SUPPLY AND WASTEWATER/SEWER. As stated in paragraph 13, below, prior to issuance by the BOCC of any certificates of occupancy for any residences or other habitable structures constructed within the Subdivision, the owner of the habitable structure shall install, connect and make operable a water supply and distribution system for potable water, fire protection and irrigation water in accordance with approved plans and specifications. All easements necessary for installation, operation, service and maintenance of such water supply and distribution system(s) shall be as shown on the Final Plat. Wastewater and sewer collection shall be pursuant to private systems on Lots or Tracts. To the extent not dedicated on the Final Plat, Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water supply(s), for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the water supply system shall be transferred by Owner to the Homeowner’s Association of the Subdivision by bill of sale. 6. PRIVATE ROADS. All roads within the Subdivision shall be private roads operated by the Homeowner’s Association. On the Final Plat, Owner has dedicated to all emergency service providers easements for access throughout the Subdivision. The Homeowner’s Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said easements, including the traveled surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC shall not be obligated to maintain any road easements within the Subdivision. 7. UTILITY EASEMENTS. Whether or not utility easements exist elsewhere in the Subdivision, all roads within the Subdivision shall contain easements for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner to the public utilities on the Final Plat, subject to the Garfield County Road and Right-of-Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield County Clerk and Recorder, as amended. The Homeowner’s Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated on the Final Plat by separate document, Owner shall execute and record the required conveyance documents. 8. CONVEYANCE OF OPEN SPACE. Not Applicable. 9. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner’s installation of the Subdivision Improvements and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the 8 BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC’s rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and case law. 10. ROAD IMPACT FEE. Road Impact Fees will be due at the time of building permit and will be assessed in relation to the square footage and type of dwelling unit or other structure that is proposed. 11. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash payment in lieu of dedicating land to the RE-1 School District, calculated in accordance with the LUDC and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows: unimproved per acre market value of land, based upon a comparative market analysis submitted to the BOCC by Owner, is $227,473.00 per acre; and Land dedication standard: 14 multi-family dwelling units x .38 students generated per dwelling unit (for mixed-use ADUs) equals 0.015 acres. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat forty-seven thousand, seven hundred sixty-nine and 33/100ths US dollars ($47,769.33) as a payment in lieu of dedication of land to the RE-1 School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of 30-28-133, C.R.S., as amended, and the LUDC. The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE-1 School District. 12. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 13. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Carbondale Fire Protection District (District), if the Fire District has so required, that there is adequate water available to the construction site for the District’s purposes. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements, except revegetation and off-site improvements, have been completed and are operational as required by this SIA. 14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability and authority to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In 9 such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. It is specifically agreed that this paragraph 14 applies to the Subdivision as a multi-phased project and, therefore, in the event the BOCC vacates the Final Plat as to the Subdivision, subject of this SIA, the BOCC may also withhold approval of a proposed final plat for a future phase, if Subdivision Improvements covered by this SIA are not completely installed and operable. 15. ENFORCEMENT. Notwithstanding any other provision of this SIA to the contrary, the BOCC shall not, except in the case of an emergency, exercise any right of enforcement or remedy, including drawing on any security, vacating the Final Plat, refusing to issue certificates of occupancy or building permits, initiating litigation or any other right of enforcement or remedy, until the BOCC has provided Owner a notice of default, a reasonable time to cure any identified deficiency(ies) and opportunity to be heard at a public meeting to discuss the purported default, and the BOCC shall make findings in writing concerning such default prior to commencing any action based on such default. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 13, above, the provisions for release of security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. 16. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 17. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 18. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, addressed to the authorized representatives of the BOCC and the Owner at the address set forth below: 10 Owner: BOCC: Aspen Polo Partners LLP c/o Marc Ganzi, Manager mganzi@digitalbridgellc.com w/copy to: Joseph E. Edwards, III Klein Coté Edwards Citron LLC 101 South Mill St., Ste. 200 Aspen, CO 81611 Phone: (970) 925-8700 jee@kceclaw.com Board of County Commissioners of Garfield County, Colorado c/o Community Development Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 19. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the Parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of Security, or approval of a change in the identity of the Security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of the provider/issuer of Security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original Security instrument. Notwithstanding the foregoing, the Parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 18, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 20. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 21. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. 11 IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO _________________________ By: ___________________________ Clerk to the Board Chairman Date: __________________________ OWNER: ASPEN POLO PARTNERS LLP By: ____________________________ ________________________________ (Name and Title) Date: __________________________ STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by ________________________, an authorized representative of Aspen Polo Partners, LLP, Owner of the Subdivision, this ___ day of __________________, 2020. WITNESS my hand and official seal. My commission expires: ____________________________ _______________________________ Notary Public EXHIBITS: A. Engineer’s Construction Drawings B. Engineer’s Estimate of Probable Cost C. Form of Security D. Form of Written Request for Partial Release of Security E. Form of Written Request for Final Release of Security F. Form of Written Request for Release of Revegetation LOC CERTIFICATE OF OWNERSHIPTHE UNDERSIGNED ASPEN POLO PARTNERS, LLP, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REALPROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS:A TRACT OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31 AND IN LOTS 5 AND 13 OF SECTION 32, ALL INTOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYINGSOUTHERLY OF AND ADJACENT TO THE SOUTHERLY RIGHT OF WAY LINE OF OLD STATE HIGHWAY 82 AND BEINGMORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE WHENCE A STONE FOUND IN PLACE FOR THEWITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION 31, BEARS N 26 DEGREES 00' 43" E 1433.52 FEET;THENCE S 79 DEGREES 58' 52" E 2125.37 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE NORTHWESTCORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1013 AT PAGE 423 OF THE RECORDS OF THE GARFIELDCOUNTY CLERK AND RECORDER; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL ON THEFOLLOWING TWO (2) COURSES: S 04 DEGREES 55' 00" W 461.90 FEET; THENCE S 01 DEGREES 00' 00" E 861.25 FEETTO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE ROARING FORK TRANSIT AUTHORITY RAILROADRIGHT OF WAY; THENCE 169.57 FEET ALONG SAID NORTHERLY RAILROAD RIGHT OF WAY LINE ON THE ARC OF A1565.69 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 54 DEGREES 32' 43" W 169.49 FEET TOA POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13 THENCE N89 DEGREES 54' 14" W 651.37 FEETALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 10; THENCES 00 DEGREES 10' 37" E 297.60 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 10 TO A POINT ON THEAPPROXIMATE HIGH WATER LINE ALONG THE NORTH BANK OF THE ROARING FORK RIVER; THENCE ALONG THEAPPROXIMATE HIGH WATER LINE THE FOLLOWING EIGHT (8) COURSES: S 89 DEGREES 14' 32" W 309.42 FEET;THENCE N 89 DEGREES 48' 58" W 140.45 FEET; THENCE S 85 DEGREES 10' 25" W 69.40 FEET; THENCE S 79 DEGREES59' 38" W 295.48 FEET; THENCE S 51 DEGREES 27' 51" W 194.85 FEET; THENCE S 66 DEGREES 58' 23" W 177.89 FEET;THENCE S 59 DEGREES 38' 56" W 83.40 FEET; THENCE S 57 DEGREES 43' 02" W 142.66 FEET TO A POINT ON THEEASTERLY BOUNDARY LINE OF BLUE CREEK RANCH RECORDED AS RECEPTION NO. 623535 IN THE RECORDS OFTHE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID BLUECREEK RANCH ON THE FOLLOWING THREE (3) COURSES: N 00 DEGREES 10' 37" W 670.31 FEET; THENCE N 89DEGREES 54' 14" W 231.46 FEET; THENCE N 00 DEGREES 02' 13" W 1677.90 FEET TO THE SOUTHWEST CORNER OFA PARCEL OF LAND DESCRIBED IN BOOK 333 AT PAGE 511 OF THE GARFIELD COUNTY RECORDS; THENCE S 79DEGREES 52' 12" E 278.00 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF THE PARCEL DESCRIBED IN SAIDBOOK 333 AT PAGE 511 TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N 00 DEGREES 02' 13" W 156.69FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL TO THE POINT OF BEGINNING.CONTAINING 98.19± ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAIDOUT, PLATTED AND SUBDIVIDED INTO LOTS AND TRACTS AS SHOWN ON THIS FINAL PLAT UNDER THE NAME ANDSTYLE OF McCLURE RIVER RANCH, A SUBDIVISION IN COUNTY OF GARFIELD, AND HEREBY DEDICATE THEEASEMENTS SHOWN HEREON FOR THE PURPOSES INDICATED, ALL OF WHICH IS SUBJECT TO THE PLAT NOTES SETFORTH HEREON.EXECUTED THIS ________ DAY OF ________________________. A.D., 2022.OWNER: ASPEN POLO PARTNERS, LLPBY:_________ __________________________________STATE OF COLORADO ) )ssCOUNTY OF GARFIELD )THE FOREGOING CERTIFICATION OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _______ DAYOF_________________, 2022, BY________________________________________, AS _______________________________ OF ASPENPOLO PARTNERS, LLP.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL_______________________________________________________NOTARY PUBLICORFREVIEWMcCLURE RIVER RANCH TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYPO BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2019-307DATE: May 21, 2022DRAWNRPKSURVEYEDLDVSHEET1 OF 3TRUENORTHA LAND SURVEYING AND MAPPING COMPANYFINAL PLATA PARCEL OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31AND IN LOTS 5 AND 13 OF SECTION 32TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADOSURVEYOR'S CERTIFICATEI, RODNEY P. KISER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWSOF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT, AND COMPLETE FINAL PLAT OF McCLURE RIVERRANCH AS LAID OUT, MAPPED, DEDICATED AND SHOWN HEREON, AND THAT SUCH FINAL PLAT WAS MADE FROMAN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THELOCATION, ACREAGE AND TYPE OF ALL LAND USES AND PROPOSED DENSITIES IN ACCORDANCE WITH SECTION6-302 OF THE GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE, AS AMENDED.IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS _________DAY OF_____________________________, A.D., 2022.______________________________________________________________________RODNEY P. KISERLICENSED PROFESSIONAL LAND SURVEYORCOLORADO REGISTRATION NO. 38215BOARD OF COUNTY COMMISSIONERS CERTIFICATETHIS FINAL PLAT WAS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,COLORADO, AT ITS REGULAR MEETING ON THIS______________ DAY OF ________________________, A.D., 2022FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY, SUBJECT TO THE PROVISION THATTHIS APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR ANY FINANCING OR CONSTRUCTIONOBLIGATIONS, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BYSUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THECONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY PUBLIC DEDICATIONSSHOWN HEREON.BY: __________________________________________________________________CHAIRMAN, BOARD OF COUNTY COMMISSIONERSGARFIELD COUNTY, COLORADOWITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.ATTEST: _______________________________________________________________ COUNTY CLERKTITLE CERTIFICATEI, WINTER T. VAN ALSTINE, A COLORADO LICENSED TITLE INSURANCE AGENT AS AUTHORIZED AGENTFOR ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC, DO HEREBY CERTIFY THAT I HAVEEXAMINED THE RECORD TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT RECORD TITLE TOSUCH LANDS IS VESTED IN ASPEN POLO PARTNERS, LLP, FREE AND CLEAR OF ALL LIENS ANDENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTSAND AGREEMENTS) OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT EXCEPT AS FOLLOWS:THOSE SHOWN ON THE DEED RECORDED AS RECEPTION NUMBER 893042 AND THAT CERTAIN DEEDOF TRUST RECORDED AS RECEPTION NUMBER 907434 AND 915636.DATED: _____________________________________________________ ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC______________________________________________________________ WINTER T. VAN ALSTINE, AGENTCLERK AND RECORDER'S CERTIFICATETHIS FINAL PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELDCOUNTY AT _______ O'CLOCK____.M., ON THE _______ DAY OF________________________, A.D. 2022, AND IS DULYRECORDED AS RECEPTION NO.____________________________________________.______________________________________ CLERK AND RECORDERBY:____________________________________ DEPUTYSURVEY NOTES:1.BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S79°58'52"E ALONG THE NORTHERLY PROPERTYLINE BETWEEN THE NORTHWEST PROPERTY CORNER, A NO. 5 REBAR AND YELLOW PLASTIC CAP LS19598AND THE NORTHEAST PROPERTY CORNER, A NO. 5 REBAR AND YELLOW PLASTIC CAP LS19598 AS SHOWNHEREON.2. DATE OF FIELD SURVEY: JUNE 23, 2016 AND UPDATED MARCH 7, 2017.3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET.4. THIS FINAL PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC. FOR ALLINFORMATION REGARDING EASEMENTS, RIGHTS-OF-WAY AND/OR TITLE OF RECORD TRUE NORTHCOLORADO, LLC, RELIED UPON TITLE COMMITMENT NO. 19004265 ISSUED BY ATTORNEYS TITLEINSURANCE AGENCY OF ASPEN, LLC EFFECTIVE DATE: OCTOBER 18, 2021.5. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON FIELD MEASUREMENTS. INFORMATION SHOWNIN PARENTHESIS IS RECORDED INFORMATION FROM SPECIAL WARRANTY DEED DATED JUNE 1, 2017 ASRECEPTION NO. 893042.TITLE COMMITMENT SCHEDULE B- PART II NOTES:EXCEPTIONS 1 THROUGH 9 ARE STANDARD TITLE EXCEPTIONS.10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED INTHE UNITED STATES PATENT DATED 30 JUNE 1892, AND RECORDED 2 MAY 1903, IN BOOK 73 AT PAGE 167, AS RECEPTIONNO. 082729; AND AS RESERVED IN THE UNITED STATES PATENT DATED 5 JUNE 1894 AND RECORDED 11 AUGUST 1894 INBOOK 12 AT PAGE 333 AS RECEPTION NO. 017568. RECEPTION NO. 082729 AFFECTS THE SUBJECT PROPERTY, HOWEVERRECEPTION NO. 017586 DOES NOT AFFECT THE SUBJECT PROPERTY.11. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BEFOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND RIGHT OF WAY FOR DITCHES OR CANALSCONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS DESCRIBED IN THE UNITED STATES PATENT DATED 30 JUNE1892, AND RECORDED 2 MAY 1903, IN BOOK 73 AT PAGE 167, AS RECEPTION NO. 082729. AFFECTS THE SUBJECT PROPERTY.12. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED IN THE DEED RESERVING AN UNDIVIDEDONE-HALF INTEREST IN AND TO ANY AND ALL OIL, GAS RIGHTS AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTSTHEREIN ON OR UNDER SAID LAND DESCRIBED IN THE DEED RECORDED DATED 10 JANUARY 1944 AND RECORDED 10JANUARY 1944 IN BOOK 208 AT PAGE 584 AS RECEPTION NO. 150766. AFFECTS THE SUBJECT PROPERTY, BUT CANNOT BEGRAPHICALLY SHOWN HEREON.13. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED IN THE DEED RESERVING AN UNDIVIDEDONE-HALF INTEREST IN AND TO ANY AND ALL OIL, GAS RIGHTS AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTSTHEREIN ON OR UNDER SAID LAND DESCRIBED IN THE DEED DATED 4 APRIL 1961 AND RECORDED 12 APRIL 1961 IN BOOK333 AT PAGE 302 AS RECEPTION NO. 213359. AFFECTS A PORTION OF THE SUBJECT PROPERTY, BUT CANNOT BEGRAPHICALLY SHOWN HEREON.14. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE RIGHT-OF-WAY EASEMENTDATED 25, AUGUST 1961 AND RECORDED 19 OCTOBER 1961 IN BOOK 337 AT PAGE 229 AS RECEPTION NO. 215432.EASEMENT IS SHOWN HEREON.15. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE RIGHT-OF-WAY EASEMENTDATED 21 OCTOBER 1975 AND RECORDED 22 OCTOBER 1975 IN BOOK 479 AT PAGE 875 AS RECEPTION NO. 269894.EASEMENT IS SHOWN HEREON.16. INTENTIONAL DELETED.17. INTENTIONAL DELETED.18. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE QUIT CLAIM DEED FORWATER RIGHTS, DATED AUGUST 31, 2006, AND RECORDED SEPTEMBER 1, 2006, AS RECEPTION NO. 705846. AFFECTS THESUBJECT PROPERTY, BUT CANNOT BE GRAPHICALLY SHOWN HEREON.19. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER RESOLUTION NO. 2007-PC-05, ARESOLUTION CONCERNED WITH AN AMENDMENT TO THE GARFIELD COUNTY COMPREHENSIVE PLAN, STUDY AREA I, BYTHE GARFIELD COUNTY PLANNING COMMISSION, DATED 11 JUNE 2007 AND RECORDED 14 DECEMBER 2007 AS RECEPTIONNO. 739330. AFFECTS THE SUBJECT PROPERTY, BUT CANNOT BE GRAPHICALLY SHOWN HEREON.20. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER RESOLUTION NO. 2009-81, ARESOLUTION CONCERNED WITH APPROVING THE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAN FOR THE TCILANE RANCH PUD AND RETRACTING AND REPLACING RESOLUTION 2009-71 (IN ITS ENTIRETY) IN ORDER TO CORRECTSCRIVENERS ERRORS IN THE PUD GUIDE FOR THE TCI LANE RANCH PLANNED UNIT DEVELOPMENT, DATED 7 DECEMBER2009 AND RECORDED 9 DECEMBER 2009 AS RECEPTION NO. 778758. AFFECTS THE SUBJECT PROPERTY, BUT CANNOT BEGRAPHICALLY SHOWN HEREON.21. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE LAND USE CHANGE PERMITDATED 9 FEBRUARY 2010 AND RECORDED 10 FEBRUARY 2010 AS RECEPTION NO. 781907. AFFECTS THE SUBJECT PROPERTY,BUT CANNOT BE GRAPHICALLY SHOWN HEREON.22. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE LAND USE CHANGE PERMITRECORDED 21 MAY 2010 AS RECEPTION NO. 786310. AFFECTS THE SUBJECT PROPERTY, BUT CANNOT BE GRAPHICALLYSHOWN HEREON.23. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER RESOLUTION NO. 2010-57, ARESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE TCI LANE RANCH PUD PRELIMINARY PLANLOCATED EAST OF CATHERINE STORE AND CR 100 ON OLD HIGHWAY 82, GARFIELD COUNTY, DATED 19 JULY 2010 ANDRECORDED 4 AUGUST 2010 AS RECEPTION NO. 789509. AFFECTS THE SUBJECT PROPERTY, BUT CANNOT BE GRAPHICALLYSHOWN HEREON.24. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER RESOLUTION 2010-101, ARESOLUTION OF APPROVAL FOR AND AMENDMENT TO THE TCI LANE RANCH PLANNED UNIT DEVELOPMENT TO REMOVETHE DESIGNATION OF "EMPLOYEE UNITS" FROM THE DEVELOPMENT SITE PLAN, DATED 20 DECEMBER 2010 AND RECORDED5 JANUARY 2011 AS RECEPTION NO. 796752. AFFECTS THE SUBJECT PROPERTY, BUT CANNOT BE GRAPHICALLY SHOWNHEREON.25. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE FENCING AGREEMENTDATED 8 JUNE 2012 AND RECORDED 27 AUGUST 2012 AS RECEPTION NO. 823180. AFFECTS THE SUBJECT PROPERTY, BUTCANNOT BE GRAPHICALLY SHOWN HEREON.26. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER RESOLUTION 2013-58, ARESOLUTION CONCERNED WITH THE APPROVAL OF A THIRD EXTENSION FOR THE TCI LANE RANCH PUD PRELIMINARYPLAN, DATED 3 SEPTEMBER 2013 AND RECORDED 4 SEPTEMBER 2013 AS RECEPTION NO. 840245; AND UNDER RESOLUTIONNO. 2015-49, A RESOLUTION CONCERNED WITH THE APPROVAL OF A FOURTH EXTENSION FOR THE TCI LANE RANCH PUDPRELIMINARY PLAN, DATED 8 SEPTEMBER 2015 AND RECORDED 9 SEPTEMBER 2015 AS RECEPTION NO. 867726. AFFECTS THESUBJECT PROPERTY, BUT CANNOT BE GRAPHICALLY SHOWN HEREON.27. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER RESOLUTION NO. 2016-37, ARESOLUTION OF APPROVAL FOR A CORRECTION TO RESOLUTION NO. 2010-101 WHICH GRANTED APPROVAL FOR THEREMOVAL OF "EMPLOYEE UNITS" FROM THE TCI LANE RANCH DEVELOPMENT SITE PLAN, DATED 2 MAY 2016 ANDRECORDED 3 MAY 2016 AS RECEPTION NO. 876726. AFFECTS THE SUBJECT PROPERTY, BUT CANNOT BE GRAPHICALLYSHOWN HEREON.28. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER RESOLUTION NO. 2016-59, ARESOLUTION CONCERNED WITH THE APPROVAL OF A FIFTH EXTENSION FOR THE TCI LANE RANCH PUD PRELIMINARY PLAN,DATED 12 SEPTEMBER 2016 AND RECORDED 13 SEPTEMBER 2016 AS RECEPTION NO. 882266. AFFECTS THE SUBJECTPROPERTY, BUT CANNOT BE GRAPHICALLY SHOWN HEREON.29. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE BARGAIN AND SALE DEEDAND ASSIGNMENT WATER RIGHTS, RECORDED JUNE 1, 2017, AS RECEPTION NO. 893043. AFFECTS THE SUBJECT PROPERTY,BUT CANNOT BE GRAPHICALLY SHOWN HEREON.30. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE ASSIGNMENT ANDASSUMPTION OF CONTRACTS AND PERMITS, DATED MAY 30, 2017 AND RECORDED JUNE 1, 2017 AS RECEPTION NO.893044. AFFECTS THE SUBJECT PROPERTY, BUT CANNOT BE GRAPHICALLY SHOWN HEREON.31. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE RESOLUTION NO. 2018-10,RECORDED MARCH 13, 2018, AS RECEPTION NO. 904213. AFFECTS THE SUBJECT PROPERTY, BUT CANNOT BE GRAPHICALLYSHOWN HEREON.32. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE ASPEN VALLEY POLO CLUBPUD GUIDE, DATED FEBRUARY, 2018, AND RECORDED MARCH 13, 2018, AS RECEPTION NO. 904214. AFFECTS THE SUBJECTPROPERTY,33. ANY AND ALL NOTES, EASEMENTS AND RECITALS AS DISCLOSED ON THE RECORDED PUD PLAN MAP, ASPEN VALLEYCLUB PUD, DATED FEBRUARY 23, 2018, AND RECORDED MARCH 13, 2018, AS RECEPTION NO. 904215. AFFECTS THE SUBJECTPROPERTY,34. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE HOLY CROSS ENERGYUNDERGROUND RIGHT-OF-WAY EASEMENT, RECORDED APRIL 20, 2018, AS RECEPTION NO. 905657. SHOWN HEREON.35. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE TRENCH, CONDUIT ANDVAULT AGREEMENT, DATED APRIL 3, 2018, AND RECORDED APRIL 20, 2018, AS RECEPTION NO. 905658. AFFECTS THESUBJECT PROPERTY.36. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE MEMORANDUM OF WATERALLOTMENT CONTRACT, DATED APRIL 5, 2018, AND RECORDED MAY 3, 2018, AS RECEPTION NO. 906336. AFFECTS THESUBJECT PROPERTY.37. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE MEMORANDUM OF WATERALLOTMENT CONTRACT, DATED APRIL 5, 2018, AND RECORDED MAY 3, 2018, AS RECEPTION NO. 906337. AFFECTS THESUBJECT PROPERTY.38. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE HOLY CROSS ENERGYUNDERGROUND RIGHT-OF-WAY EASEMENT, RECORDED APRIL 29, 2019, AS RECEPTION NO. 919719. SHOWN HEREON.39. ANY AND ALL NOTES, ENCROACHMENTS, EASEMENTS AND RECITALS AS DISCLOSED ON THE RECORDED PRELIMINARYPLAN OF MCCLURE RIVER RANCH, RECORDED NOVEMBER 16, 2020, AS RECEPTION NO. 945442. AFFECTS THE SUBJECTPROPERTY.40. ANY AND ALL NOTES, ENCROACHMENTS, EASEMENTS AND RECITALS AS DISCLOSED ON THE RECORDED PUD PLAN MAP,RECORDED NOVEMBER 16, 2020, AS RECEPTION NO. 945440. SHOWN HEREON.41. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER RESOLUTION NO. 2020-54,RECORDED NOVEMBER 16, 2020, AS RECEPTION NO. 945439. AFFECTS THE SUBJECT PROPERTY.42. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER RESOLUTION NO. 2020-55,RECORDED NOVEMBER 16, 2020, AS RECEPTION NO. 945441. AFFECTS THE SUBJECT PROPERTY.43. RIGHT OF WAY FOR DITCHES THAT TRAVERSE THE PROPERTY, RIVER TRIBUTARIES, AS SHOWN ON THE ALTA/NSPS LANDTITLE SURVEY, PROVIDED BY TRUE NORTH COLORADO, DATED APRIL 18, 2018. AS PROJECT NO. 2017-117. AFFECTS THESUBJECT PROPERTY.44. ANY LOSS OR DAMAGE DUE TO FENCE LINES NOT COINCIDING WITH THE PROPERTY BOUNDARIES, AS SHOWN ON THEALTA/NSPS LAND TITLE SURVEY, PROVIDED BY TRUE NORTH COLORADO, DATED APRIL 18, 2018 AS PROJECT NO. 2017-115.AFFECTS THE SUBJECT PROPERTY.45. OVERHEAD ELECTRIC LINE, AS SHOWN ON THE ALTA/NSPS LAND TITLE SURVEY, PROVIDED BY TRUE NORTH COLORADO,DATED APRIL 18, 2018. AS PROJECT NO. 2017-115 AFFECTS THE SUBJECT PROPERTY AND A PORTION ON THE OVERHEADELECTRIC LINES ARE COVERED BY EASEMENT RECORDED BOOK 454 AT PAGE 467.46. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE UNITED STATES, THE STATE OF COLORADO OR THE PUBLIC,WHICH EXISTS OR ARE CLAIMED TO EXIST IN AND OVER THE PRESENT AND PAST BED, BANKS, WATERS OR RIVERTRIBUTARIES OF THE ROARING FORK RIVER. AFFECTS THE SUBJECT PROPERTY.47. ANY EXISTING LEASES OR TENANCIES, AND ANY AND ALL PARTIES CLAIMING BY, THROUGH OR UNDER SAID LESSEES.McCLURE RIVER RANCHVICINITY MAPSECTION 31SECTION 32HIGHWAYNO. 82ROARINGFORKRIVERPLAT NOTES:1.) NO RESIDENTIAL DEVELOPMENT SHALL OCCUR IN ZONE DISTRICT 2 PRIOR TO APPROVAL OF A SUBDIVISION FINALPLAT.2.) WASTEWATER TREATMENT FACILITY (WWTF):a. THE LAND USE DEVELOPMENT CODE PROHIBITS ONSITE WASTEWATER TREATMENT SYSTEMS ON LOTSTHAT ARE 1 ACRE OR LESS IN SIZE. AS A RESULT, SHOULD THE FUTURE SUBDIVISION OF TRACT CCONSIST OF RESIDENTIAL AND/OR COMMERCIAL LOTS THAT ARE LESS THAN 1 ACRE IN SIZE, THEN THESEUSES SHALL BE ACCOMMODATED BY A CENTRALIZED WWTF.b. SHOULD A WWTF BE DEVELOPED WITHIN THE PUD, THEN THE FACILITY SHALL BE SIZED APPROPRIATELYTO ACCOMMODATE ALL RESIDENTIAL AND COMMERCIAL USES FROM ZONE DISTRICT 1 AND ZONEDISTRICT 2.c. CONNECTION TO THE WWTF AT THE TIME OF OWTS REPLACEMENT OR EXPANSION WITHIN ZONEDISTRICT 1 OR ZONE DISTRICT 2 SHALL BE REQUIRED WITHIN THE COVENANTS, CONDITIONS ANDRESTRICTIONS.3.) OWNER HEREBY DEDICATES AND GRANTS PERPETUAL AND NON-EXCLUSIVE ACCESS AND UTILITY EASEMENTS ON,ACROSS AND THROUGH All PORTIONS OF THE WITHIN PLAT DEPICTED AND DESCRIBED AS “ACCESS” EASEMENTSAND/OR “UTILITY” EASEMENTS TO THE McCLURE RIVER RANCH MASTER ASSOCIATION FOR THE CONSTRUCTION,INSTALLATION, OPERATION, USE, MANAGEMENT, MAINTENANCE, REPAIR AND REPLACEMENT THEREOF AS ROADS,LANDSCAPING AND UTILITY SERVICES AND FACILITIES.4.) OWNER HEREBY DEDICATES AND GRANTS PERPETUAL AND NON-EXCLUSIVE ACCESS AND UTILITY EASEMENTS ON,ACROSS AND THROUGH ALL PORTIONS OF THE WITHIN PLAT DEPICTED AND DESCRIBED AS “ACCESS” EASEMENTSAND/OR “UTILITY” EASEMENTS TO ALL APPROPRIATE PUBLIC AND PRIVATE UTILITY SERVICE PROVIDERS TO UTILIZE SAIDACCESS AND UTILITY EASEMENTS FOR THE PURPOSES OF CONSTRUCTION, INSTALLATION, USE, OPERATION,MAINTENANCE, REPAIR AND REPLACEMENT OF UNDERGROUND UTILITIES, INCLUDING WATER, SEWER, GAS, ELECTRIC,TELEPHONE AND TELECOMMUNICATIONS, TOGETHER WITH ASSOCIATED PONDS, EQUIPMENT AND FACILITIESREQUIRED ABOVE GROUND, PROVIDED THAT USE OF ALL SAID ABOVE-GROUND EASEMENTS SHALL BE REASONABLYAPPROVED IN ADVANCE BY OWNER OR, AFTER OWNER NO LONGER OWNS PROPERTY WITHIN THE SUBDIVISION,APPROVED IN ADVANCE BY THE McCLURE RIVER RANCH MASTER ASSOCIATION, TOGETHER WITH A REASONABLE RIGHTOF ACCESS FOR THE ACCOMPLISHMENT OF SUCH PURPOSES.5.) OWNER HEREBY DEDICATES AND GRANTS PERPETUAL AND NON-EXCLUSIVE ACCESS EASEMENTS ON, ACROSS ANDTHROUGH All PORTIONS OF THE WITHIN PLAT DEPICTED AND DESCRIBED AS “ACCESS” EASEMENTS TO ALL EMERGENCYSERVICE PROVIDERS FOR THE PURPOSE OF PROVIDING ACCESS TO ALL PORTIONS OF McCLURE RIVER RANCH FOREMERGENCY SERVICE PROVIDERS DURING THE NORMAL COURSE OF PROVIDING SUCH SERVICES.6.) ALL PROPERTY WITHIN McCLURE RIVER RANCH SHALL BE SUBJECT TO THE DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR McCLURE RIVER RANCH (MASTER ASSOCIATION) RECORDED IN THE OFFICE OFTHE CLERK AND RECORDER OF GARFIELD COUNTY ON _______________, 2022 AS RECEPTION NO._____________________7.) ALL PROPERTY WITHIN McCLURE RIVER RANCH SHALL BE SUBJECT TO THE McCLURE RIVER RANCH PUD GUIDERECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY ON NOVEMBER 16, 2020 AS RECEPTIONNO. 945439.8.) SUBJECT TO COMPLIANCE WITH ALL GARFIELD COUNTY REGULATIONS AND APPROVALS ASSOCIATED WITH THEMcCLURE RIVER RANCH, THE BUILDING ENVELOPES SHOWN HEREON MAY BE MODIFIED IN MINOR RESPECTS BYAPPROVAL OF THE McCLURE RIVER RANCH MASTER ASSOCIATION.9.) STORAGE AND APPLICATION OF HAZARDOUS MATERIALS: DUE TO THE PROXIMITY OF THE RESIDENTIALDEVELOPMENT AND LARGE FIELDS TO THE WETLANDS AND ROARING FORK RIVER, THE PROPERTY OWNER(S) ANDOPERATORS SHALL APPLY ALL FERTILIZERS, PESTICIDES, AND OTHER CHEMICALS IN ACCORDANCE WITHMANUFACTURER RECOMMENDATIONS TO PREVENT CONTAMINATION OF PUBLIC WATER RESOURCES. IN ADDITION,THESE CHEMICALS SHALL BE STORED APPROPRIATELY AND IN ACCORDANCE WITH ALL LAWS AND REGULATIONS.10.) RADON: ALL OF GARFIELD COUNTY IS CONSIDERED AT HIGH RISK FOR RADON. AS A RESULT, ALL BUILDINGSWITH GROUND FLOOR RESIDENTIAL AND / OR COMMERCIAL OCCUPANCY AND ARE ENCLOSED AND CONDITIONED(EXCLUDING BARNS, GREENHOUSES, AND STORAGE/MAINTENANCE BUILDINGS) SHALL BE DESIGNED AND BUILT WITHRADON RESISTANT CONSTRUCTION.11.) CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.12.) NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE NEWSOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND THE REGULATIONS PROMULGATEDTHEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTEDNUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES.13.) ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTINGSHALL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THATPROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES.SHEET INDEX1. TITLE, CERTIFICATES, DESCRIPTION2. LOT - TRACT CONFIGURATION3. EASEMENT & BUILDING ENVELOPES FOR ZONE DISTRICT 1PLAT NOTES:14.) COLORADO IS A “RIGHT-TO-FARM” STATE PURSUANT TO C.R.S. 35-3-11, ET. SEQ. LANDOWNERS, RESIDENTS ANDVISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'SAGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONGRURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCHACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATELAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES ANDOPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED INCONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TOENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ONPUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OFCHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAYNATURALLY OCCUR AS PART OF LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS.15.) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTYREGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS,KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHERASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARNABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY.16.) THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATETHEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERALESTATE OWNER(S) OR LESSEE(S).17.) DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OFWILDLIFE.18.) FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FORWILDLIFE-FRIENDLY FENCING.19.) ENGINEER-DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION.20.) ENGINEER-DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION.LIENHOLDER CONSENTTHE UNDERSIGNED, NORTHERN TRUST COMPANY, BEING THE BENEFICIARY UNDERTHE DEEDS OF TRUST RECORDED AS RECEPTION NOS. 907434 AND 915636,GRANTED BY ASPEN POLO PARTNERS, LLP, AS THE OWNERS AGAINST THE REALPROPERTY IN THIS FINAL PLAT OF MCCLURE RIVER RANCH, CERTIFIES THAT THEUNDERSIGNED HAS REVIEWED THE FINAL PLAT AND BY THIS CERTIFICATION HEREBYCONSENTS TO THE FINAL PLAT OF MCCLURE RIVER RANCH AND TO THERECORDING THEREOF.DATE: ________________________________________________NORTHERN TRUST COMPANYBY: ______________________________________________________________________________________________, AUTHORIZED AGENTSTATE OF FLORIDA )) SSCOUNTY OF MIAMI-DADE )THE FOREGOING LIENHOLDER CONSENT WAS ACKNOWLEDGED BEFORE ME THIS_______ DAY OF________________________, 2022, BY___________________________________ ASAUTHORIZED AGENT FOR NORTHERN TRUST COMPANY.WITNESS MY HAND AND OFFICIAL SEAL_______________________________________________________NOTARY PUBLIC LOT 21.32 ACRES(154CHUKKATRAIL)LOT 72.00 ACRES(277 CHUKKA TRAIL)TRACT C(FUTURE PHASE)48.96 ACRES(BASIS OF BEARINGS)S79°58'52"E 2125.37'(OVERALL)S 00°48'57" E 864.29' (S01°00'00"E 861.25') N00°10'37"W 670.31'(N00°02'13"W 1677.90')N 00°01'40" W 1677.43'S89°14'32"W309.42'S51°27'51"W194.85'S52°43'02"W142.66'N89°54'14"WS79°52'43"E 277.82'(S79°52'12"E 278.00')S00°10'56"E 297.60' (S00°10'37"E)S85°10'25"W69.40'(N89°54'14"W 651.37')N89°54'30"W 651.33'NORTHERLY RAILROADRIGHT-OF-WAY LINEROARING FORKTRANSIT AUTHORITYFOUND 1" ORANGEPLASTIC CAP LS14111FOUND 1" ORANGEPLASTIC CAP LS14111POINT OF BEGINNINGFOUND 1-1/4" YELLOWPLASTIC CAP LS19598WITNESS CORNER TONE CORNER OF SECTION 31BEARS: N26°04'46"E 1431.69'(N26°00'43"E 1433.52')FOUND 1-1/4" YELLOWPLASTIC CAP LS19598(POINT ON LINE)401.83' WITNESS CORNERFOUND 1-1/4" YELLOWPLASTIC CAP LS19598ON LINE ACCEPTED ASWITNESS CORNERFOUND 1" RED PLASTIC CAPLS1411 STAMPED WC3.55' EAST OF LINEΔ = 06°00'43"R = 1565.69'L = 164.29'CB= S 54°23'55" WC = 164.21'195.10' WITNESS CORNERFOUND 1" RED PLASTIC CAPLS1411 STAMPED WCNE CORNER LOT 10FOUND 1" ORANGEPLASTIC CAP LS141116.5' WITNESS CORNERFOUND 1" RED PLASTIC CAPLS1411 STAMPED WC34.5' WITNESS CORNERFOUND 1-1/4" YELLOWPLASTIC CAP LS1411 13166FOUND 1-1/4" ORANGEPLASTIC CAP LS286430.5' EAST OF LINEFOUND 1-1/4" YELLOWPLASTIC CAP LS1411 13166FOUND 1-1/4" YELLOWPLASTIC CAP LS1411 13166FOUND 1-1/4" YELLOWPLASTIC CAP LS31944(POINT ON LINE)69.49'47.83'RECORDED ASR = 1565.69'L = 169.57'CB= S54°32'43"WC = 169.49'SOUTH LINE OF LOT 13EAST LINEOF LOT 10NORTH BOUNDARYOF RIVERS66°58'23"W177.89'N00°04'17"W 157.09'(N00°02'13"W 156.69')92.27'BLUE CREEK RANCHRECEPTION NO. 623535ROARINGFORK RIVERRIVERTRIBUTARYOWNERCATHERINE COURT, LLC.BOOK 333 PAGE 511OWNERBLM179.98'S81°46'51"E 627.58'N77°00'00"E 569.65'N11°19'56"E158.75'S78°40'04"E189.00'S74°55'24"E221.76'N82°18'27"E 725.60'637.13' 741.87'TRACT A24.09 ACRESTRACT B15.13 ACRESCOLORADO STATE HIGHWAY NO. 82OLD HIGHWAY NO. 82EAST BOUND LANEWEST BOUND LANEFOUND CDOT 3-1/4" ALUMINUM CAPON LINE, MARKED "COLO. DEPT. OFHIGHWAYS ROW PROJECTCXFC24008228 PLS NO 17491POINT NO 595 ROW MONUMENT"S 05°10'18" W 462.0 5 ' (S04°55'00"W 461.9 0 ' )FOUND 1-1/4" YELLOWPLASTIC CAP LS19598OWNERTHE ASPEN WALDORFFOUNDATION, INC.BOOK 1013 PAGE 423472.54'LOT 11.33 ACRES(156CHUKKATRAIL)LOT 31.63 ACRES(152 CHUKKATRAIL)LOT 41.61 ACRES(150 CHUKKATRAIL)LOT 51.32 ACRES(27 CHUKKATRAIL)LOT 60.79 ACRES(30 CHUKKATRAIL)50' WIDE ROCKY MOUNTAINNATURAL GAS COMPANY EASEMENTBOOK 337 PAGE 229BOOK 479 PAGE 875CHUKKATRAILACCESS & UTILITYEASEMENTZONE DISTRICTBOUNDARYSECTION 31GOV'TLOT 10231.46'L1L2L3 L4L5 C1L5L1L2L4 L1L2 C1L3 L4L5 L1L3 C1L5 L1L2 L3L2L4C1L5C2 L1L2L3L4 L1L2C1L3C2L4 L5N89°48'58"W140.45'S79°59'38"W295.48'S59°38'56"W83.40'OWNERCARBONDALECORPORATIONSECTION 32GOV'TLOT 9GOV'TLOT 13GOV'TLOT 5GOV'TLOT 81314.85'274.00'TRACT BΔ=21°36'50"L=75.45'R=200.00'CB=S47°11'24"ECH=75.00'239.69'S89°33'15"W 661.90'(TIE)RIO GRANDE TRAILZONE DISTRICT 1ZONE DISTRICT 2McCLURE RIVER RANCH TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYPO BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2019-307DATE: May 21, 2022DRAWNRPKSURVEYEDLDVSHEET2 OF 3TRUENORTHA LAND SURVEYING AND MAPPING COMPANYFINAL PLATA PARCEL OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31AND IN LOTS 5 AND 13 OF SECTION 32TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADO150'75'300'SCALE: 1" = 150'N0ORFREVIEWCURVERADIUS CHORDC1 200.00'S64°12'44"ELINE BEARING DISTANCEL1SOUTH290.23'LOT 1L2S 77°00' W205.26'L3NORTH294.97'L4WEST105.17'L5N42°48'36"W82.16'LINE BEARING DISTANCEL1EAST184.62'LOT 2L2NORTH313.89'L3SOUTH294.97'L4N81°46'06"W63.77'L5S77°00'W124.70'CURVE RADIUS CHORDC1 200.00'S18°11'30"ELINE BEARING DISTANCEL1WEST257.03'LOT 3L2S42°48'36"W49.40'L3SOUTH118.15'L4EAST 251.61'L5NORTH273.02'CURVE RADIUS CHORDC1 200.00'S09°56'50"ELINE BEARING DISTANCEL1EAST 237.85'LOT 4L2S19°53'40"E5.37'L3SOUTH206.90'L4WEST251.61'L5NORTH280.00'CURVE RADIUS CHORDC1 175.00'S04°56'16"ELINE BEARING DISTANCEL1N79°58'52"W236.73'LOT 5L2S10°01'08"W208.00'L3S79°58'52"E 289.90'L4N10°01'08"E68.00'L5N19°53'40"W47.75'LINE BEARING DISTANCEL1S79°58'52"E246.63'LOT 6L2N00°04'17"W169.39'L3WEST220.31'L4S10°01'08"W128.44'CURVE RADIUS CHORDC1 500.00'N81°50'31"WLINE BEARING DISTANCEL1S79°58'52"E488.00'LOT 7L2S10°01'08"W182.62'L3N74°55'24"W84.17'L4N78°40'05"W218.57'L5N10°01'08"E170.47'C2 200.00'S18°03'10"EC2 1000.00'65.35'LOT & TRACT CONFIGURATIONLENGTH43.39'DELTA12°25'50"LENGTH127.00'DELTA36°22'59"LENGTH69.44'DELTA19°53'40"LENGTH91.36'DELTA29°54'48"LENGTH120.75'DELTA13°50'15"12.86'03°40'59"65.36'03°44'41"43.31'124.88'69.10'90.33'12.85'120.46'N76°47'44"WLOT & TRACT SUMMARYLOT/TRACT ACRESTRACT ATRACT BTRACT CLOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7TOTAL ACRES24.0915.1348.961.331.321.631.611.320.792.0098.19 POND &IRRIGATIONEASEMENTTRACT ABUILDINGENVELOPE31,852± SQ.FT.TRACT BBUILDING ENVELOPE14,774± SQ.FT.24' WIDE ACCESS &UTILITY EASEMENTDRAINAGE &IRRIGATIONEASEMENTUTILITYBUILDINGENVELOPE24'X40'960± SQ.FT.ACCESS & UTILITYEASEMENTUTILITYEASEMENTDRAINAGE &IRRIGATIONEASEMENTDRAINAGE,IRRIGATION& SEWEREASEMENT10' WIDE DRAINAGE& IRRIGATIONEASEMENTDRAINAGE &IRRIGATIONEASEMENTUTILITYEASEMENTUTILITY EASEMENT20' SETBACK194'76'20' SETBACK10' SETBACK10' SETBACK29' SETBACK10' SETBACKLOT 6BUILDING ENVELOPE21,146± SQ.FT.LOT 4BUILDINGENVELOPE30,658± SQ.FT.EAST 241.13'S79°58'52"E 230.58'S79°58'52"E 170.00'N79°58'52"W 170.00' 50.00'50.00' 49.61'N00°04'17"W12.00'LOT 5BUILDING ENVELOPE34,612± SQ.FT.20' SETBACK 199.90'20' SETBAC K 1 4 7 . 0 6 '10' SETBACK 146.32'N10°01'08"W 136.21'40'SETBACKS55 °W43.74 ' 129.13'62. 0 2 '53.84'10.00'10' SETBACK 144.61'WEST 144.61'20' SETBACK 212.00'SOUTH 212.00'LOT 7BUILDING ENVELOPE45,871± SQ.FT.LOT 3BUILDINGENVELOPE20,555± SQ.FT.LOT 2BUILDINGENVELOPE38,000± SQ.FT.LOT 1BUILDINGENVELOPE40,947± SQ.FT.NORTH 112.06'EAST 106.52'SOUTH 115.84'N78°40'05"W 147.49'TRACT BTRACT AEAST 139.61'NORTH 121.00'SOUTH 121.00'WEST 139.61'N42°E26.87'S24°E49.95'10.0'SOUTH 338.00'20'15.0'SOUTH 182.00'31.02'SOUTH 348.00'53.76'21.87'SOUTH 155.91'24'24'SOUTH 553.02'SOUTH 383.02'28'WEST 154.61'35.0'SOUTH 335.00'30'WEST 150.00'S08°13'55"W26.87'190.81'35' SETBACK 298.85'35' SETBACK 279.32'10' SETBACK 129.61'10' SETBACK 104.61'27.98'15.0'15.0'20' SETBACK 270.09' 20' SETBACK 206.70'10' SETBACK 169.34'10' SETBACK 127.50'45.23'36.22'S56°E 58.36'10.0'WEST48.54'N64°01 '08 "E67.11 'S79°58'52"E 36.75'S10°01'08 " W 2 9 0 . 0 0 'N79°58'52"W 90.31'NORTH 204.63'R=160'L=42.74' 10' SETBA C K 1 0 4 . 1 9 ' 39'15' SETBACK 368.00'30.0'58.50'95.93'S78°40'05"E 209.75'R=1051.50'L=68.72'S74°55'24"E 148.78'102.57'53.00'30.0'105.00'50.20'CHUKKATRAILACCESS & UTILITYEASEMENT137.00'50' WIDE ROCKY MOUNTAINNATURAL GAS COMPANY EASEMENTBOOK 337 PAGE 229BOOK 479 PAGE 875120.00'35.0' 35.0'253.00'31.0'27.80'C1C2S49°58'52"E 81.00'S49°58'52"E 81.00'C3C4S10°01'08 " W 1 5 7 . 6 6 ' S10°01'08" W 1 5 7 . 6 6 ' C 5C6S22°00"E9.94'S82°18'27"W 308.68'C7S74°55'24"E 219.82'C8S78°40'05"E 483.69'S78°40'05"E 246.76'C9C10NORTH 325.05'SOUTH 325.05'C11C12C14C1347.75'S19°53'40"ES19°53'40"E 47.75'30.0'30.0'68.0'68.0'60.0'60.0'S19° 4 1 ' 3 2 " W 119. 0 3 ' ( T I E )10' WIDE HOLY CROSSENERGY UNDERGROUNDEASEMENTRECEPTION NO. 90565710' WIDE HOLY CROSSENERGY UNDERGROUNDEASEMENTRECEPTION NO. 919719McCLURE RIVER RANCH TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYPO BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2019-307DATE: May 21, 2022DRAWNRPKSURVEYEDLDVSHEET3 OF 3TRUENORTHA LAND SURVEYING AND MAPPING COMPANYFINAL PLATA PARCEL OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31AND IN LOTS 5 AND 13 OF SECTION 32TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADO100'50'200'SCALE: 1" = 100'N0ORFREVIEWEASEMENTS & BUILDING ENVELOPESCURVERADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLEC1 50.00'37.46'36.59'S 28°31'02" E42°55'41"CHUKKA TRIAL CURVE DATAC2 110.00'100.47'97.01'N 73°48'56" W 52°19'53"C3 170.00'178.02'170.00'N 19°58'52" W 60°00'00"C4 230.00'240.86'230.00'S 19°58'52" E 60°00'00"C5 230.00'207.70'200.72'S 35°53'22" W 51°44'28"C6 170.00'214.48'200.54'N 46°09'47" E 72°17'19"C7 470.00'49.17'49.15'S 85°18'17" W 05°59'41"C8 1050.00'68.62'68.61'N 76°47'44" W 03°44'41"C9 170.00'150.12'145.29'N 25°17'52" E 50°35'43"C10 230.00'315.79'291.57'S 39°20'02" E 78°40'04"C11 170.00'59.03'58.73'N09°56'50" W 19°53'40"C12 230.00'79.86'79.46'S 09°56'50" E 19°53'40"C13 145.00'75.70'74.85'S 04°56'16" E 29°54'48"C14 205.00'107.03'105.82'S 04°56'16" E 29°54'48" i Table of Contents RECITALS ........................................................................................................................................... 1 ARTICLE 1: SUBMISSION/PURPOSE ............................................................................................. 1 Section 1.1 Submission of Real Estate/Purpose......................................................................... 1 Section 1.2 Planned Community ................................................................................................ 2 ARTICLE 2: DEFINITIONS ............................................................................................................... 2 Section 2.1 Definitions ............................................................................................................... 2 ARTICLE 3: McCLURE RIVER RANCH ASSOCIATION ............................................................... 6 Section 3.1 Allocated Interests and Voting Rights in the McClure River Ranch Association ... 6 Section 3.2 Governing Instruments ............................................................................................ 6 Section 3.3 Authority ................................................................................................................. 6 Section 3.4 Option to Engage Professional Management .......................................................... 7 Section 3.5 Election of the Board .............................................................................................. 7 Section 3.6 Budget ..................................................................................................................... 7 Section 3.7 Assessments ............................................................................................................ 7 Section 3.8 Assessment Lien. .................................................................................................... 8 Section 3.9 Enforcement/Collection. ......................................................................................... 8 Section 3.10 Statement of Assessments and Liability of Purchasers ........................................... 9 ARTICLE 4: ASSESSMENT RESPONSIBILITY .............................................................................. 9 Section 4.1 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments ................................................................................................................................. 9 Section 4.2 Apportionment of Common Expenses .................................................................... 9 Section 4.3 All Lots and Tracts ................................................................................................ 10 Section 4.4 Barn Lots ............................................................................................................... 10 Section 4.5 Ranch Association ................................................................................................. 10 Section 4.6 Individual Lots or Tracts ....................................................................................... 10 Section 4.7 Association-Owned Property ............................................................................... 11 ARTICLE 5: ARCHITECTURAL COMMITTEE ............................................................................ 11 Section 5.1 Architectural Committee ....................................................................................... 11 Section 5.2 Approval by Architectural Committee .................................................................. 11 Section 5.3 Variances ............................................................................................................... 12 Section 5.4 General Requirements ........................................................................................... 12 ii Section 5.5 Preliminary Approvals. ......................................................................................... 12 Section 5.6 Architectural Plans ................................................................................................ 12 Section 5.7 Architectural Committee Not Liable..................................................................... 12 Section 5.8 Written Records .................................................................................................... 13 Section 5.9 Appeal to Board of Directors ................................................................................ 13 Section 5.10 Rules and Guidelines……………………………………………………………13 ARTICLE 6: GENERAL RESTRICTIONS ON ALL LOTS AND TRACTS .................................. 13 Section 6.1 Zoning Regulations ............................................................................................... 13 Section 6.2 No Mining, Drilling, or Quarrying ....................................................................... 13 Section 6.3 No Business Uses .................................................................................................. 13 Section 6.4 Signs ...................................................................................................................... 13 Section 6.5 No Discharge of Firearms ..................................................................................... 14 Section 6.6 Towers and Antennae ............................................................................................ 14 Section 6.7 Tanks ..................................................................................................................... 14 Section 6.8 Used or Temporary Structures .............................................................................. 14 Section 6.9 Exterior Lighting ................................................................................................... 14 Section 6.10 Dust Control .......................................................................................................... 14 Section 6.11 Weed Control ........................................................................................................ 14 Section 6.12 Road Damage ........................................................................................................ 14 Section 6.13 Sanitary Systems ................................................................................................... 15 Section 6.14 Special Events…………………………………………………………………...15 Section 6.15 Wildlife Provisions ……………………………………………………………..15 ARTICLE 7: RIGHT OF FIRST REFUSAL ..................................................................................... 16 Section 7.1 Right of First Refusal ............................................................................................ 16 Section 7.2 Association ROFR ................................................................................................ 16 Section 7.3 Other Owner’s Right ............................................................................................. 16 Section 7.4 No Exercise of ROFR .......................................................................................... 16 Section 7.5 Unreasonable Terms .............................................................................................. 17 ARTICLE 8: EASEMENTS AND LANDS RESERVED ................................................................. 17 Section 8.1 Easements Reserved .............................................................................................. 17 Section 8.2 Irrigation Easements. ............................................................................................ 17 ARTICLE 9: SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS ...... 17 Section 9.1 Special Declarant Rights ....................................................................................... 17 Section 9.2 Exercise of Development Rights........................................................................... 17 iii Section 9.3 Amendment of Declaration ................................................................................... 18 Section 9.4 Amendment of Plat ............................................................................................... 18 Section 9.5 Other Rights .......................................................................................................... 18 Section 9.6 Rights Transferable ............................................................................................... 18 ARTICLE 10: RESERVATION OF DEVELOPMENT RIGHTS ...................................................... 18 Section 10.1 Development Rights .............................................................................................. 18 Section 10.2 Total Units/Lots. .................................................................................................... 18 Section 10.3 Order of Development. ......................................................................................... 18 Section 10.4 Affordable Housing. .............................................................................................. 18 Section 10.5 Entitlements. ......................................................................................................... 19 Section 10.6 Lot Line Adjustments. ........................................................................................... 19 Section 10.7 Amendment of the Declaration ............................................................................. 19 Section 10.8 Amendment of the Plat ......................................................................................... 19 Section 10.9 Declaration Operative on New Lots, Tracts and Dwelling Units ......................... 19 Section 10.10 Construction Easement ......................................................................................... 19 Section 10.11 Termination of Expansion and Development Rights ............................................ 20 Section 10.12 Declarant's Exercise of Special Declarant Rights and Other Development Rights. . ............................................................................................................................... 20 ARTICLE 11: ENFORCEMENT/DISPUTE RESOLUTION ........................................................... 20 Section 11.1 Enforcement Action .............................................................................................. 20 Section 11.2 Limitations on Actions .......................................................................................... 20 Section 11.3 Dispute Resolution …………………………………………………………….. 20 ARTICLE 12: INSURANCE ............................................................................................................. 21 Section 12.1 Insurance ............................................................................................................... 21 Section 12.2 Fidelity Insurance .................................................................................................. 21 Section 12.3 Insurance Premiums are Common Expenses ........................................................ 21 Section 12.4 Owner Insurance Coverage Requirements ……………………………………..21 Section 12.5 Third-Party Insurance Requirements …………………………………………..22 ARTICLE 13: GENERAL PROVISIONS ......................................................................................... 22 Section 13.1 Covenants to Run with the Land ........................................................................... 22 Section 13.2 Termination and Amendment of Declaration ........................................................ 22 Section 13.3 Severability ........................................................................................................... 22 Section 13.4 Repeal of the Act ................................................................................................... 22 Section 13.5 Section Headings .................................................................................................. 22 iv Section 13.6 Notices .................................................................................................................. 22 Section 13.7 Equine Provisions ……………………………………………………………... 23 EXHIBIT A TO DECLARATION OF PROTECTIVE COVENANTS ............................................. 25 EXHIBIT B ........................................................................................................................................ 26 EXHIBIT C ........................................................................................................................................ 27 EXHIBIT D ........................................................................................................................................ 29 EXHIBIT E …………………………………………………………………………………………30 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR McCLURE RIVER RANCH MASTER ASSOCIATION This Declaration of Covenants, Conditions and Restrictions for McClure River Ranch Master Association (“Declaration”) is made effective as of the _____ day of _______________, 2022 by Aspen Polo Partners, LLP, a Colorado limited liability partnership (“Declarant”). RECITALS A. Declarant is the owner of certain real property in Garfield County, Colorado, which is more particularly described as set forth in Exhibit A attached hereto and by reference made a part hereof which is known as McClure River Ranch. B. Declarant desires to create a Common Interest Community on a portion of such real property, in which portions of such real property will be designated for separate ownership and uses. C. Declarant has caused the “McClure River Ranch Association, Inc.,” a Colorado nonprofit Ranch Association (“Ranch Association”), to be incorporated under the laws of the State of Colorado, as an owners’ association for the purpose of exercising the functions of that association. The Ranch Association is the “Master” Association for the McClure River Ranch common interest community. D. Declarant has also caused the “MRR Barn Lots Association, Inc.,” a Colorado nonprofit corporation (“Barn Association”), to be incorporated under the laws of the State of Colorado, as an owners’ association for the purpose of exercising the functions of that association. Declarant has caused a separate declaration of covenants, conditions and restrictions to be created and recorded with regard to the Barn Association. E. For the sake of clarity, the Ranch Association is the “master” association and the Barn Association is a “subsidiary” to the Ranch Association. The Barn Association will, as an association as a whole, elect one member of the Board of Directors of the Ranch Association and have one vote in the overall Ranch Association. F. Declarant reserves the right to create additional association(s) for the purpose of exercising owners’ association functions on other portions of the real property described in Exhibit A and to annex other real property to the Community as described herein. ARTICLE 1: SUBMISSION/PURPOSE Section 1.1 Submission of Real Estate/Purpose. The Declarant hereby submits the real estate described in Exhibit B, and such additional real property as may be subsequently added pursuant to the expansion rights reserved in this Declaration, together with all easements, rights, and appurtenances thereto and the buildings and improvements erected or to be erected thereon (collectively, the “Real Estate”), to the provisions of the Colorado Common Interest Ownership Act, 2 C.R.S. §§ 38-33.3-101, et seq., as it may be amended from time to time (the “Act”) and to the terms and conditions of this Declaration. Declarant hereby declares that all of the Property described in such Exhibit B, and such real property as may be added by any expansion or annexation to the Community, shall be held or sold, and conveyed subject to the easements, covenants, conditions, and restrictions provided in this Declaration. Declarant further declares that this Declaration is made for the purpose of protecting the value and desirability of the Real Estate, that this Declaration shall run with the Real Estate and shall be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, legal representatives, successors, and assigns and shall inure to the benefit of each Owner thereof. The name of the common interest community created hereby is the “McClure River Ranch” and is referred to herein as the “Ranch Association.” It is the intention of Declarant, expressed by its execution of this instrument, that the lands within the Community shall be developed and maintained as a highly desirable equestrian and polo facility and rural residential area. It is the purpose of these covenants that the present natural beauty, the natural growth and native setting and surroundings of the Real Estate shall always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. Section 1.2 Planned Community. The intent of the Declarant is that the Ranch Association shall be a planned community for purposes of the Act. ARTICLE 2: DEFINITIONS Section 2.1 Definitions. Each capitalized term in this Declaration or on the PUD Plan or the Plat shall have the meaning specified or as used in the Act, unless otherwise defined in this Declaration. The following terms shall have the following meanings: (a) "Act" means the Colorado Common Interest Ownership Act, C.R.S. §§ 38-33.3-101, et seq., as it may be amended from time to time. (b) “Allocated Interests” means the Common Expense liability of the Ranch Association as set forth on Exhibit E, except as provided for herein regarding the allocation of certain specific expenses. (c) "Assessment" includes all Common Expense Assessments and any other expense levied to a Lot or Tract pursuant to this Declaration or the Act by the Ranch Association. (d) “Association” means the Ranch Association. (e) “Barn Association” means MRR Barn Lot Association, Inc., a Colorado nonprofit corporation, and its successors. (f) “Barn Lot(s)” means any or all (as the context requires) of Lots 1 through 6 as shown on the Plat. (g) “Barn Lots Gate” or “Gate” means an electronically operated gate to be constructed on Chukka Trail along (and extending across Chukka Trail) the eastern property line of Lot 1 and a portion of Tract A. 3 (h) "Board" or "Board of Directors" means the body, regardless of name, designated in this Declaration or the Bylaws of the Ranch Association to act on behalf of the Ranch Association. (i) “Cabins” means the residential structures which may be constructed on Tract A as shown on the Plat. (j) “Clubhouse Lot” means Lot 7 as shown on the Plat. (k) "Common Expense" means any expenditure made or liability incurred on behalf of an Association, together with any allocations to reserves, other than expenditures relating to a particular Lot or that are based on actual usage by such Lot or an Owner. Common Expenses include all expenses of the Ranch Association incurred in accordance with this Declaration, specifically including but not limited to, section 3.3 and Article 4 hereof. (l) “Common Expense Assessment” means an Assessment levied for Common Expenses. (m) "Community" means and refers to the common interest community of McClure River Ranch also referred to herein as the Ranch Association or Association. (n) "Declarant" means the Declarant named in this Declaration, and any successor and/or assignee designated by written notice or assignment executed by Declarant and by the transferee and recorded, to the extent any rights or powers reserved to Declarant are transferred or assigned to such transferee. (o) “Declarant Control” means the period of time commencing on the date of recordation of this Declaration and expiring on the earlier of (i) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots that may be created by Declarant, or (ii) two (2) years after the last conveyance of a Lot by Declarant in the ordinary course of business; provided, however, that if Declarant Control has not terminated pursuant to the foregoing provisions, Declarant Control shall in any case terminate on the date upon which all property that may be annexed into the Community has become a part of the Community and the last Lot within the Community that can be conveyed by Declarant has been conveyed by Declarant. (p) "Development Rights" or "Special Declarant Rights" means those rights set forth in this Declaration and those rights set forth in the Act. (q) “Director” means any person serving as a member of the Board of Directors of the Ranch Association. (r) “Exercise Track” means a track or surface designed for exercising equines. (s) "Governing Documents" means this Declaration; the Plat; the PUD Plan; the PUD Guidelines; and the Articles of Incorporation, Bylaws and Rules and Regulations of the Ranch Association, as all of the foregoing may be amended from time to time. All of the Governing Documents are incorporated herein by this reference. 4 (t) "Improvement(s)" means structures installed within the Community or within or upon a Lot or Tract. (u) “Leach Field” means septic tank and septic drain field for subsurface wastewater disposal. (v) "Lot" means a physical portion of the Community, designated for separate ownership, shown and designated as a Lot on the Plat for the Community, the boundaries of which are defined on the Plat and in this Declaration. (w) "Member" means and refers to those persons or entities entitled to membership in the Association, as provided herein or the Bylaws of the Ranch Association. (x) “Nonprofit Act” means the Colorado Revised Nonprofit Corporation Act, C.R.S. §§ 7- 121-101, et seq. (y) “Officer” means any person serving as an officer of the Ranch Association in accordance with the Bylaws. (z) "Owner" means the Declarant or any other person or entity that owns a Lot or Tract. (aa) "Permitted Transferee" means a (1) the spouse, children, grandchildren or great-grandchildren of an Owner, (2) a trust established for the sole benefit of an Owner or the spouse, children, grandchildren or great-grandchildren of an Owner, (3) an entity controlled by an Owner or the spouse, children, grandchildren or great-grandchildren of an Owner or (4) the personal representatives, beneficiaries or estate of an Owner upon the Owner's death, whether transferred by will or intestacy, provided that such recipient is a lineal descendant of the Owner or a spouse of a lineal descendant of the Owner. (bb) “Permitted Transfer” means a transfer (1) by operation of law to a surviving joint tenant, (2) of a deceased’s interest to a devisee or devisees by will or trust, or (3) a transfer of all or a part of a partner’s interest in a partnership or owner’s interest in an entity as a result of dissolution, merger, or consolidation provided that at least 50% of the ownership of the resulting entity is owned by the same owners as prior to such entity actions. (cc) "Plat" means the Final Subdivision Plat of McClure River Ranch which was approved by the Board of County Commissioners of Garfield County, or any supplement or amendment plat of the Real Estate or any real property annexed to the Community pursuant to Declarant’s reserved rights to annex property to the Community, and which is an engineering survey of the Community depicting and locating thereon the location of the Tracts, Lots, the Common Elements, areas reserved for future development, and all of the land and improvements thereon, which Plat is incorporated herein and made a part of this Declaration by reference. (dd) “Pond” means a body of water. 5 (ee) “PUD Guide” means a written document approved by the Garfield County Board of County Commissioners and recorded in the Garfield County Records in which the uses and development standards and limitations for the Community are described. (ff) “PUD Plan” means a map approved by the Garfield County Board of County Commissioners and recorded in the Garfield County Records on which it is depicted graphically and described in narrative form the zone districts and building areas of the Community. (gg) "Ranch Association" means McClure River Ranch Association, Inc., a Colorado nonprofit corporation, and its successors. (hh) "Real Estate" means the property described in Exhibit B, and such additional property as may be subsequently annexed or added, pursuant to the expansion rights reserved in this Declaration, together with all easements, rights, and appurtenances thereto and the buildings and improvements erected or to be erected thereon. All recorded easements and licenses which the Community is subject to, in addition to those set forth herein and on the Plat, as of the date of this Declaration are recited in Exhibit C. (ii) "Residential Lot" means any Lot designated as a Residential Lots on the Plat or in this Declaration, subject to restrictions of record, and subject to the reserved right of Declarant to re- designate the type of use allowed. (jj) “Rules and Regulations” means any instrument, however denominated, which is adopted by the Board of Directors of the Ranch Association for the regulation and management of the Association, including any amendment or supplement to such instruments. (kk) “Subdivision” and the term "Subdivide". The term "Subdivision" shall mean the McClure River Ranch according to this Declaration and the Plat. The terms "subdivide" or "subdivided" shall apply to the creation of a separate Lot or Tract processed as a subdivision under the terms of the Garfield County Land Use Code. (ll) “Tract” means an area of land designated as such on the Plat. There are three Tracts (A, B & C) shown on the Plat. Tract C has not, as of the date of this Declaration, been submitted to the Community, but Declarant has reserved the right to annex such Tract C to the Community. (mm) “Votes” means the Votes allocated to a member of the Ranch Association as set forth on Exhibit E. (nn) “Water System” means the Ponds, ditches, wells and well houses, casings, pumps and pump houses, pipes, valves, any related well equipment, and any related water delivery infrastructure for both potable and non-potable water, including irrigation. (oo) “Wells” means all water wells on Community property. All wells within the Community shall be held in the name of the Ranch Association, no matter where located or who pays for drilling a Well or which or how many Owners are served by a particular Well. 6 ARTICLE 3: McCLURE RIVER RANCH ASSOCIATION Section 3.1 Allocated Interests and Voting Rights in the Ranch Association. All persons or entities who own or acquire the title in fee to Tract A, Tract B or Lot 7, by whatever means acquired, shall automatically become a "Member" of the Ranch Association. Further, the Barn Association, itself, shall be a Member of the Ranch Association. 3.1.1 The Allocated Interests of the Members of the Ranch Association are as set forth on Exhibit E. The Allocated Interests in the Ranch Association shall be one interest each to Tract A, Tract B, Lot 7 and the Barn Lot Association. In the event any of the Reserved Property is annexed to the Community, the formula for allocation of the Allocated Interests shall be a fraction the numberator of which is one and the denominator of which is the total number of memberships in the Ranch Association. 3.1.2 Each membership shall be entitled to one (1) vote in the Association. If more than one (1) individual or entity owns a Lot or Tract, a representative of such multiple Owners shall be designated and shall vote all the votes allocated to such membership. There shall be no fractional voting permitted. The Barn Association membership shall have one vote and it shall be cast by the member of the Barn Association appointed by the Barn Association to the Board of Directors of the Ranch Association. 3.1.3 The Members representing a majority of votes in the Ranch Association shall constitute a quorum. 3.1.4 In the event future Lots or Tract are created within Tract A or Tract B as a result of the exercise of reserved development rights, each such Lot shall be entitled to a membership in the Ranch Association or, in Declarant’s discretion, any other Association created on behalf of such owners of Lots in Tract A or Tract B. Section 3.2 Governing Instruments. The administration of the Ranch Association shall be subject to this Declaration, the Articles of Incorporation of the Ranch Association, Bylaws of the Ranch Association and any Rules and Regulations promulgated by the Ranch Association. In the event of any conflict between this Declaration and the Barn Declaration, this Declaration shall govern and control. Section 3.3 Authority. The Association shall perform the functions and manage the Community as provided in this Declaration so as to protect the value and desirability of the Community and to further the collective interests of the Owners. The business affairs of the Community shall be managed by the Association, acting though its Board of Directors. The Association shall have all of the powers, authority and duties permitted or set forth in the Act and/or the Nonprofit Act, including the authority to adopt such Rules and Regulations for the Community as the Board of Directors shall deem appropriate. The Association shall have the power to assign its right to future income, including the right to assign its right to receive Common Expense Assessments, but only upon the affirmative majority vote of the Members present at a meeting called for that purpose. Specifically, in addition to the general duties of managing the business and affairs of the Association, the Board of Directors of the Ranch Association shall have the duties of: 7 (i) operation, maintenance, repair and replacement of the Leach Fields, Water System, all utilities, all roads, fences, weed control and all irrigation and landscaping of the Ranch Community, except as provided in Section 4.4 below; and (ii) enforcement of the provisions of this Declaration, the Articles and Bylaws of the Ranch Association, and any Rules and Regulations adopted by the Board of Directors. No Member of the Board and no officer shall be liable for actions taken or omissions made in the performance of such Member's duties except for wanton and willful acts or omissions. The Board of Directors shall act by majority vote. The functions and duties of the Barn Association provided in the Barn Declaration and provided in Section 4.4 below may by agreement between the Associatin and Barn Association be performed by the Association and assessed to the Barn Association. Section 3.4 Option to Engage Professional Management. The Board of Directors may employ a professional management agent or agents at such compensation as the Board of Directors may establish to perform such duties and services as the Board of Directors shall authorize. The Board of Directors may delegate such powers as are necessary to perform the manager's assigned duties, but shall not delegate policy-making authority or those duties set forth in Section 3.6 (with respect to adoption of the budget), Section 4.2 (in regard to the exercise of discretion in allocating costs to particular Tracts or Lots or subsidiary associations) and all of Article 5 (Architectural Control). The Board of Directors may delegate to one (1) of its Members the authority to act on behalf of the Board of Directors on all matters relating to the duties of the managing agent or manager, if any, which might arise between Board of Directors meetings. Section 3.5 Election of the Board. The Board of Directors of the Ranch Association shall be composed of four (4) seats. One person or entity that owns more than one Tract and/or Lot may hold mutilple seats and will be entitled to one vote for each seat. One member of the Board of Directors shall be appointed by the Barn Association, one member of the Board of Directors shall be appointed by the Owner of each of Tract A, Tract B and Lot 7. The member of the Ranch Association appointed to the Board by the Barn Association shall be a Barn Lot Owner. Declarant reserves the right to expand the Board of Directors to five (5) Members in the event Tract C shall be annexed to the Community. Section 3.6 Budget. The Ranch Association must prepare an annual budget. Within thirty (30) days after adoption of any proposed budget for the Ranch Association, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver (electronic mail shall be acceptable) a summary of the budget to all the Members and shall set a date for a meeting of the Members to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting a majority of all Members reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Members must be continued until such time as the Members ratify a subsequent budget proposed by the Board. Section 3.7 Assessments. All Members shall be obligated to pay assessments imposed by the Ranch Association to pay the general overhead and management costs of the Ranch Association 8 and expenses of management (including a reasonable management fee), operation, maintenance, repair and replacement expenses arising from the operation of the Community. Assessments shall be made in accordance with Article 4 below. Section 3.8 Assessment Lien. Assessments chargeable to any Lot, Tract or subsidiary association shall constitute a lien on such Lot or Tract superior to all other liens and encumbrances except: (i) liens and encumbrances recorded before the recordation of this Declaration; (ii) a security interest on the Lot or Tract which has priority over all other security interests on the Lot or Tract and which was recorded before the date on which the assessment sought to be enforced became delinquent; and (iii) liens for real estate taxes and other governmental assessments or charges against the Lot or Tract. Assessments chargeable to the Barn Association shall constitute a lien on all Barn Lots, jointly and severally. 3.8.1 An assessment lien under this Section 3.8.1 is superior to a security interest on the Lot or Tract which has priority over all other security interests on the Lot or Tract and which was recorded before the date on which the assessment sought to be enforced became delinquent to the extent of: (a) any attorneys’ fees and costs being incurred in an action to enforce the lien; plus (b) an amount equal to the common expense assessments based on a periodic budget adopted by the Ranch Association which would have become due, in the absence of any acceleration, during the six (6) months immediately preceding institution of an action to enforce the lien, but in no event shall such priority accorded to the assessment lien exceed one hundred fifty percent (150%) of the average monthly assessment during the immediately preceding fiscal year multiplied by six (6). Section 3.9 Enforcement/Collection. This Section 3.9 does not affect the priority of mechanics, or materialmen’s liens or the priority of liens for other assessments made by the Ranch Association. 3.9.1 If any assessment shall remain unpaid twenty-five (25) days after the due date thereof, the Ranch Association may impose a surcharge of 1.75% of such assessment on the first day of each calendar month thereafter so long as such assessment shall be unpaid, provided, however, that the maximum surcharge in one (1) year shall be no greater than twenty-one percent (21%). 3.9.2 Recording of this Declaration constitutes record notice and perfection of the lien. No further recordation is required. 3.9.3 The Ranch Association's lien may be foreclosed in like manner as a mortgage on real estate. 3.9.4 Upon such foreclosure, the Ranch Association's claim shall include the amount 9 of unpaid assessments, penalties thereon, the costs and expenses of such proceedings, the costs and expenses of filing the notice of lien, and reasonable attorneys' fees, and any deficiency shall be a common expense assessed equally to all Lot and Tract Owners (except Lots or Tracts owned by the Association). The Ranch Association may bid on the Lot or Tract at foreclosure sale and hold, lease, mortgage, or convey the same. Section 3.10 Statement of Assessments and Liability of Purchasers. The Ranch Association shall furnish to an Owner or his designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the Ranch Association, a statement setting forth the amount of unpaid assessments currently levied against such Owner's Tract or Lot. The statement shall be furnished within fourteen (14) days after receipt of the request and is binding on the Ranch Association, the Board of Directors, and every Owner. If no statement is furnished to the Owner or holder of a security interest or their designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Ranch Association shall have no right to assert a priority lien upon the Lot or Tract for unpaid assessments which were due as of the date of the request. The grantee of a Lot or Tract shall be jointly and severally liable with the grantor for all unpaid assessments against the Lot or Tract accrued prior to the conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. ARTICLE 4: ASSESSMENT RESPONSIBILITY Section 4.1 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments. Declarant, for each Member and for each Tract and Lot (except for any Lot or Tract owned by the Ranch Association), shall be deemed to covenant and agree, and each Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association annual Common Expense Assessments and such other Assessments as are imposed by the Association. Such Assessments, including fees, charges, late charges, attorney fees, fines and interest charged by the Association shall be the personal obligation of the Owner of such Lot or Tract from and after the time when the Assessment or other items charged by the Association become or fall due. The Association annual Common Expense Assessments and such other Assessments as are imposed by the Association, including fees, charges, late charges, attorney fees, fines and interest charged by the Association, shall be a charge on each Member and shall be a continuing lien upon the Lot or Tract against which each such Assessment or charge is made. If any Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment becomes due. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by them and approved by the Board of Directors. No Owner may become exempt from liability for payment of the Common Expense Assessments or other Association charges by waiver of the use or enjoyment of the property within the Community or by abandonment of the Lot or Tract against which the Common Expense Assessments are made. All Assessments and other Association charges shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim that the Association or the Board is not properly exercising its duties and powers under this Declaration. Section 4.2 Apportionment of Common Expenses. Except as provided in this Declaration, 10 all Common Expense Assessments shall be assessed against all Lots or Tracts or subsidiary association(s) (except for any Lot or Tract owned by the Ranch Association) in accordance with formulas and allocations of or for liability for the Common Expenses as set forth in this Declaration. To the extent a cost or expense is not described herein or is not specifically allocated to a Lot, Tract or subsidiary association, the Board of Directors shall have authority to allocate any such cost or expense in any reasonable manner. Section 4.3 All Lots and Tracts. The following Common Expense liabilities shall be paid for one-fourth each by the Owners of Tract A, Tract B, Lot 7 and the Barn Association: All Common Expenses not specifically described in Section 4.4, 4.5 or 4.6, below, including but not limited to, expenses for property management and ranch maintenance employees, insurance, security costs, property taxes for any Association-owned real estate, accounting or attorney fees (including fees related to wells, ditches and perfecting and protecting water rights); utilities and other fees that are not attributable to a specific Lot or Tract or subsidiary association; common landscaping (such as at primary entrance and along Chukka Trail east of the Barn Lots Gate), common lighting and weed control; all costs of operation, maintenance, repair and replacement of all ditches serving the Community; and all costs of operation, maintenance, repair and replacement of the maintenance barn and associated dwelling units on Tract B. Section 4.4 Barn Association. The following Common Expense liabilities shall be assessed to and paid for solely by the Barn Association: all expenses for operation, maintenance, repair and replacement of or for Chukka Trail to the west of the Barn Lots Gate, 50% of Chukka Trail to the east of the Barn Lots Gate (including snow removal), the Barn Lots Gate, landscaping west of the Barn Lots Gate, all aspects of irrigation and operation of the Water System within the Barn Lots. Section 4.5 Ranch Association. The following Common Expense liabilities shall be paid for one-third each by the Owners of Tract A, Tract B and Lot 7: all expenses for operation, maintenance, repair and replacement of or for 50% of Chukka Trail to the east of the Barn Lots Gate (including snow removal), parking and tailgating and associated areas on Tract A, irrigation on Tract A, Tract B and Lot 7, walking and riding trails on and around Tract A, Tract B, and the Water Well on Lot 7. Section 4.6 Individual Lots or Tracts. 4.6.1 The Owner of Lot 7 shall pay any and all expenses related to installation, construction, maintenance, repair and replacement of any structures built on Lot 7, including but not limited to a Clubhouse; however, for clarity, this shall not include irrigation and landscaping, which shall be an expense of the Ranch Association. 4.6.2 The Owner of Tract A shall pay any and all expenses related to installation, construction, maintenance, repair and replacement of any structures or improvements built on Tract A, including but not limited to a Polo Field and up to four residential Cabins; but, for the sake of clarity, not including any structures or improvements related to the Water System or landscaping. 4.6.3 The Owner of Tract B shall pay all expenses related to installation, 11 construction, maintenance, repair and replacement of any improvements and structures built on Tract B, including but not limited to a Polo Field, Exercise Track, the Maintenance Barn and any residential housing that may be built therein; but, for the sake of clarity, not including any structures or improvements related to the Water System or landscaping. 4.6.4 All expenses for operation, maintenance, repair and replacement of a Well serving only one Lot shall be paid for by such Lot Owner. 4.6.5 All expenses for operation, maintenance, repair and replacement of a Well serving more than one Lot and/or Tract shall be paid for by the Owners of the Lots or Tracts served thereby. 4.6.6 All expenses for operation, maintenance, repair and replacement of a Leach Field shall be paid for by the Owners of the Lots or Tracts served thereby. 4.6.7 In the event that the need for maintenance, repair, or replacement of any aspect of the Community, or any portion thereof, is caused through or by the negligent or willful act or omission or misconduct of an Owner, or the Owner's agents, employees, guests, customers, or invitees, including, but not limited to, damage from water, then the expenses, costs, and fees incurred by the Association for such maintenance, repair, or replacement shall be a personal obligation of such Owner. Section 4.7 Association-Owned Property. Property owned by the Ranch Association shall not be subject to assessments of the Ranch Association. ARTICLE 5: ARCHITECTURAL COMMITTEE Section 5.1 Architectural Committee. The Architectural Committee shall be comprised of three (3) Owners, who will be appointed by the Board of Directors of the Ranch Association. Each member of the Architectural Committee shall have a three (3) year term, which may be renewed at the discretion of the Board of Directors. The Architectural Committee shall have and exercise all of the powers, duties, and responsibilities set out in this instrument, and unless required by law, may, but shall not be required to, establish guidelines and requirements for compliance with its authority, including the establishment of costs and fees reasonably related to the processing and evaluation of requests for Committee action. Section 5.2 Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling houses, barns, stables, outbuildings, swimming pools, tennis courts, ponds, driveways and parking areas, fences, walls, garages, antennae, flagpoles, curbs, walks, landscaping, irrigation ditches or structures, and wells shall ever be constructed or altered (including any change in exterior color or materials), on any lands within the Community, nor may any vegetation be altered or destroyed nor any landscaping performed on any Lot or Tract, unless the complete architectural plans for such construction or alteration or landscaping are approved in writing by the Architectural Committee prior to the commencement of such work. Minor adjustments to the location of building envelopes and barn envelopes may be allowed by the Architectural Committee, where necessary to avoid interference with irrigation ditches, septic systems, structures, ponds or 12 easements, subject to obtaining County approvals where necessary. No person shall have the right to rely on any verbal approval. In the event the Architectural Committee fails to take any action within sixty (60) days after complete architectural plans for such work have been submitted to it, then all of such submitted architectural plans shall be deemed to be approved, except for any changes or alterations to any irrigation ditch, irrigation-related structure, or anything else related to the water system for which such inaction shall be deemed a denial. In the event the Architectural Committee shall disapprove any architectural plans, the person or association submitting such architectural plans may appeal the matter to the next annual or special meeting of the Members of the Ranch Association, where a vote of at least two-thirds (2/3) of the votes entitled to be cast at said meeting shall be required to change the decision of the Architectural Committee. Architectural Committee approval is not required for the establishment of lot lines, building envelopes, roads, driveways, ponds and other matters which are included in any Garfield County land use approval for the entitlements of the Community. Section 5.3 Variances. Where circumstances, such as topography, location of property lines, location of trees and brush, irrigation ditches, structures, ponds or other irrigation necessities or other matters require, the Architectural Committee may allow reasonable variances as to any of the covenants contained in this Declaration, on such terms and conditions as it shall require and said decision of the Committee shall be final and non-appealable. Section 5.4 General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the lands within the Community conform and harmonize with the natural surroundings and with the existing structures as to external design, materials, color, siting, height, topography, grade, landscaping and finished ground elevation. Section 5.5 Preliminary Approvals. Persons or associations who anticipate constructing improvements on lands within the Community, whether they already own lands in the Community or are contemplating the purchase of such lands, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval, but the Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural plans are submitted and approved or disapproved. Section 5.6 Architectural Plans. The Architectural Committee shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by this Declaration. Section 5.7 Architectural Committee Not Liable. The Architectural Committee shall not be liable in damages to any person or association submitting any architectural plans for approval, or to any Owner or Owners of lands within the Community, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans. Any person or association acquiring the title to any property in the Community, or any person or association submitting plans to the Architectural Committee for approval, by so doing agrees and covenants that he or it will not bring any action or suit to recover damages against the Architectural Committee, its members as individuals, or its advisors, employees, or agents. 13 Section 5.8 Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all applications for approval submitted to it (including one (1) set of all architectural plans so submitted) and of all actions of approval or disapproval and all other actions taken by it under the provisions of this instrument. Section 5.9 Appeal to Board of Directors. Any final decision of the Architectural Committee may be appealed to the Board of Directors within fourteen (14) days of the decision by delivering a notice thereof to the President of the Ranch Association or to the Registered Agent of the Ranch Association, as such Registered Agent is identified in the records of the Colorado Secretary of State. The Board of Directors shall act on the appeal at its next regularly scheduled meeting, or if approved by a majority of the Board of Directors, at a Special Meeting of the Board of Directors held for the purpose of hearing the appeal. The Board of Directors shall provide a written decision concerning the appeal to all interested parties within seven (7) days of the date the appeal was heard. Section 5.10 Rules and Guidelines. The Architecural Committee shall be entitled to adopt such rules, guidelines and procedures as it shall in its reasonable discretion desire for the Community. ARTICLE 6: GENERAL RESTRICTIONS ON ALL LOTS AND TRACTS Section 6.1 Zoning Regulations. No lands within the Community shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the zoning regulations and entitlement approvals of Garfield County, Colorado, including the PUD Plan and the PUD Guide, validly in force from time to time as the same may be amended, except as the same may be allowed under said regulations as a nonconforming structure or use. Subject to the right of the Declarant to exercise reserved Development Rights, no lands within the Communities, shall be further subdivided without the approval of the Board of County Commissioners of Garfield County, Colorado. Section 6.2 No Mining, Drilling, or Quarrying. No mining, quarrying, tunneling, excavating, or drilling for any substance within the earth, including, but not limited to, oil, gas, minerals, gravel, sand, rock, geothermal and earth, except for activities conducted under prior mineral reservations, agricultural, utility, water and septic purposes shall ever be permitted within the limits of the Community. Section 6.3 No Business Uses. Except for conducting Polo and other recreational events, no lands within the Community shall ever be occupied or used for any non-agricultural commercial or business purpose without the consent of the Board of Directors, nor for any noxious activity, and nothing shall be done or permitted to be done on any of said lands which is a nuisance or might become a nuisance to the Owner or Owners of any of said lands. Nothing herein shall be deemed to prohibit recreational facilities or activities including, without limitation, polo events, equestrian, horse boarding and training, horse shows and other equestrian sports or equestrian events which are open to the public, tennis, golf, etc., nor any home occupation provided the same is permitted under the Garfield County Land Use Code in effect and as amended from time to time and further provided such use does not constitute a nuisance or violate any other provision of this Declaration. Section 6.4 Signs. No advertising signs, billboards, unsightly objects, or nuisances shall 14 be erected, altered, or permitted to remain on any Lot or Tract in the Community. Directional signs and special event signs shall be permitted on approval of the Architectural Committee. Section 6.5 No Discharge of Firearms. The discharge of firearms shall not be permitted on any of the lands in the Community without approval of the Board of Directors and only if reasonably related to bona fide ranching or farming necessities. Hunting activities may take place only with the prior written consent of the Board of Directors, and notwithstanding any such consent, shall not be conducted in a manner that is disruptive of the peace and tranquility of adjacent properties nor in a manner that could or is likely to create a threat to the safety of persons or property. Section 6.6 Towers and Antennae. No towers or radio or television antennae or satellite transmission receiving antennae, except for those with a diameter of thirty-six inches (36") or less, shall be erected on any Lot or Tract without approval of the Architectural Committee. Section 6.7 Tanks. No tanks of any kind shall be erected, placed, or permitted upon any Lot or Tract unless buried or if located above ground the location and screening shall be as determined and approved by the Architectural Committee. Section 6.8 Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any Lot or Tract, except, as may be approved by the Architectural Committee or to the extent permitted by all applicable County regulations, during construction periods, and no dwelling house shall be occupied in any manner prior to its completion. Section 6.9 Exterior Lighting. All exterior lights and light standards on Lot or Tracts shall be approved by the Architectural Committee for harmonious development and the prevention of lighting nuisances to other lands in the Community and shall also fully comply with any applicable Garfield County lighting regulations. Section 6.10 Dust Control. Each Owner shall be responsible for ongoing dust control on any driveway within any Lot or Tract owned by said Owner. The Ranch Association shall take reasonable steps to ensure minimal dust pollution results from roads within the Community and such roads may, in the discretion of the Ranch Association, be treated as necessary with magnesium chloride or other dust suppressants. The Ranch Association shall have the right to treat private driveways and assess the costs thereof against the respective Owner if such Owner fails to fulfill his responsibility for his individual dust control. Nothing herein shall be deemed to require control of dust resulting from agricultural activities such as, without limitation, tilling and crop rotation. Section 6.11 Wee d Control. The Ranch Association may, in its discretion, implement and follow a program of noxious weed control which may address the control and elimination of Canadian Thistle and other noxious or undesirable weeds. The Ranch Association shall have the right to enter upon any Lot or Tract and conduct a weed control program within the area of such Lot or Tract lying outside of the building envelope shown on the Plat. Section 6.12 Road Damage. Each Owner of a Lot or Tract is responsible for any damage caused to the roadways within the Community during the construction of improvements upon such Owner's property by any vehicle or equipment belonging either to said Owner or to any person or 15 entity using the roads within the Community while engaged in any activity benefitting said Owner. Metal treads or other "lugged" tread or tired vehicles are not permitted to drive across the roads within the Community; however, such equipment may access lands within the Community on a trailer or flatbed vehicle as may be appropriate provided any damage resulting therefrom is repaired and paid for as provided herein. Each Owner shall also be responsible for any damage caused by utility cuts in roads, washouts and run off damage caused by failure to install culverts properly and in a timely manner as may be necessary in connection with the construction of improvements upon or any other uses made by such Owner to his Lot or Tract. The Board of Directors shall have the right to establish, implement and enforce an impact fee system to allocate costs for road damage and general wear and tear on the roads within the Community upon terms and conditions which said Board deems best in the interests of the Members of the Community. Such impact fee system may include charges based upon "per vehicle", "per load", "per ton", or "per trip" calculations. Said system may also deny access to the Community to any vehicle for which said impact fee has not been paid. The Board may also implement and enforce weight limits on the roads within the Community. Section 6.13 Sanitary Systems. No sewerage disposal system, sanitary system, cesspool, or septic tank shall be constructed, altered, or allowed to remain or be used on any Lot or Tract unless fully approved as to design, capacity, location, and construction by all proper public health agencies of the State of Colorado and Garfield County; and unless approved by the Architectural Committee. On-site wastewater treatment systems (“OWTSs”) shall be prohibited on any lot or parcel of one acre or less in size. In the event a wastewater treatment facility (“WWTF”) is developed in the Community the WWTF shall be sized appropriately to accommodate all potential residential and commercial uses including any structures which may be built on the Reserved Property. In the event a WWTF is constructed, any property within the Community which is connected to an OWTS shall connect to the WWTF in the event the OWTS shall be in need of replacement. Section 6.14 Special Events. No special events or activities within the Community, including at the Clubhouse or on any Tract, shall occur without an operations plan approved by the Board of Directors providing for adequate parking and health and safety measures, including but not limited to access to bathroom facilities. Section 6.15 Wildlife Provisions. The following provisions shall apply to all property within the Community. 6.15.1 All new fencing shall be “wildlife friendly” as defined and described by the Colorado Parks and Wildlife regulations in effect at the time of construction of any fence. 16.15.2 Landscaping designs shall preclude berry, fruit or nut producing trees and shrubs to reduce attractants for bears and other wildlife. 16.15.3 All trash, horse grain/feed and food-related items shall be stored indoors or within bear-proof containers. 16.15.4 All ponds shall be constructed with at least one bank having a minimum slope of three to one, preferably five to one, to allow ingress and egress of wildlife. If plastic liners are used in a pond, a minimum of 18 inches of topsoil shall be used on top of such liners. 16 16.15.5 All trails through riparian habitats shall be minimized and shall provide adequate signage to keep users on designated routes. ARTICLE 7: RIGHT OF FIRST REFUSAL Section 7.1 Right of First Refusal. Except for a Permitted Transfer or a transfer to a Permitted Transferee, no disposition of Tract A, Tract B, Lot 7 (Clubhouse Lot) or a Barn Lot by any Owner shall be attempted, made, or effective unless and until the Owner proposing such disposition shall give notice to the Ranch Association thereof (which notice shall set forth the interest therein proposed for disposition, the name of the persons or entities to whom such disposition is proposed and the time, terms, and conditions of proposed disposition) (“ROFR”); and the Ranch Association (or the Ranch Association's designee) or, if the Ranch Association or the Ranch Association's designee does not so elect, the Clubhouse Lot Owner and any Tract Owner(s) shall have the right to acquire the property proposed for disposition in accordance with the manner, time, terms, and conditions in such notice. As used herein the term “disposition” shall mean any proposed sale or transfer of Tract A, Tract B, Lot 7 or any Barn Lot or the Lease thereof for a period of greater than five years. Section 7.2 Association ROFR. The Ranch Association or the Ranch Association's designee may elect to acquire the property proposed for Disposition by giving notice thereof to the Owner proposing disposition within 30 days of the receipt of the notice of proposed disposition. Such Owner shall then be bound to transfer the property proposed for disposition free and clear of all liens and encumbrances whatsoever to the Ranch Association or the Ranch Association's designee, as the case may be, in accordance with the terms set forth in the notice of proposed disposition. Section 7.3 Other Owner’s Right. In the event the Ranch Association or the Ranch Association's designee does not elect to acquire the property proposed for disposition, then, within five days after the expiration of the 30-day period hereinabove provided for, the Ranch Association or the Ranch Association's designee shall give notice thereof to each of the Owners of Lot 7 and Tract Owners of the Ranch Association. Any such Lot 7 Owner or Tract Owner shall have the right to acquire the property proposed for disposition in accordance with the manner, time, terms, and conditions in such notice (which shall be as stated in the original notice). Such Lot 7 Owner or Tract Owner may elect to acquire the property proposed for disposition upon giving notice thereof to the Ranch Association within 30 days of the receipt of the notice of proposed disposition from the Ranch Association. If more than one of the Lot 7 Owner and a Tract Owner elects to acquire such property proposed for disposition then there shall be a random selection process for determining which of such Lot 7 Owner or Tract Owner shall have the right to acquire the property proposed for disposition. The Owner proposing disposition shall then be bound to transfer the property proposed for disposition free and clear of all liens and encumbrances whatsoever to the acquiring Lot 7 Owner or Tract Owner, as the case may be, in accordance with the terms of proposed disposition set forth in the notice of proposed disposition. Section 7.4 No Exercise of ROFR. If the Ranch Association, the Ranch Association's designee, the Lot 7 Owner and Tract Owners do not elect as hereinabove provided to acquire the property proposed for disposition, then the Owner proposing such disposition may proceed with disposition of the property, but only to the persons or entities and in the manner, at the time and upon 17 the terms and conditions set forth in such Owner's notice of proposed disposition. Section 7.5 Unreasonable Terms. Notwithstanding any provision to the contrary herein, if the notice of proposed disposition specifies: (1) a consideration in other than United States money, the Ranch Association, the Ranch Association's designee, and the Lot 7 Owner or Tract Owners shall have the right to acquire the property proposed for disposition for the United States money equivalent of the specified consideration; and (2) a manner, time, terms, or conditions that cannot be complied with without unreasonable effort, the Ranch Association, the Ranch Association's designee, and the Lot 7 Owner or Tract Owners shall have the right to acquire the Barn Lot proposed for disposition by complying with the reasonable equivalent of the specified manner, time, terms or conditions. ARTICLE 8: EASEMENTS AND LANDS RESERVED Section 8.1 Easements Reserved. There is hereby reserved to and for the benefit the Ranch Association all easements shown and described on the Plat (including easements for access, construction, operation, maintenance, repair and replacement of Leach Fields, Ponds, the Water System, irrigation systems, utility extensions, roads, fences, ditches and other facilities used by other Members of the Ranch Community), and further, perpetual easements twenty (20) feet in width: (1) ten (10) feet on each side of the boundary line along the entire perimeter of each Lot or Tract, for the purpose of constructing, maintaining, operating, replacing, enlarging, and repairing electric, telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, conduits, ditches, fences and walking and equestrian riding trails; and (2) everywhere within the Community, except within Building Envelopes designated on the Plat or as may be approved by the Architectural Committee, for the purpose of installing, accessing, operating, maintaining, repairing and replacing water wells, water lines and related equipment and facilities as may be necessary to serve Lots or Tracts. The precise location of said easements shall be first approved by the Architectural Committee and shall be established after the installation of the water lines or wells. Section 8.2 Irrigation Easements. There is hereby reserved to and for the benefit of the Ranch Association, its successors and assigns, perpetual easements across all of the lands in the Community along the line of all domestic water lines and irrigation ditches and laterals presently in existence and across all other lands in the Community, for the purpose of constructing, maintaining, relocating, replacing and operating domestic water supply systems or irrigation ditches and laterals and, if the Architectural Committee so determines, to construct, maintain and operate other irrigation systems, including, without limitation, sprinklered irrigation systems, all for the proper irrigation of all lands or fields in the Community or located on any Lot or Tracts therein. ARTICLE 9: SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS Section 9.1 Special Declarant Rights. Declarant hereby reserves the following Special Declarant Rights and Additional Reserved Rights for a time period running for fifty (50) years commencing from the date of the recording of this Declaration. Section 9.2 Exercise of Development Rights. Declarant shall have the right to exercise any expansion or development right reserved in Article 10, or any other provision of this Declaration. 18 Section 9.3 Amendment of Declaration. Declarant shall have the right to amend or supplement this Declaration in connection with the exercise of any development rights. Section 9.4 Amendment of Plat. Declarant shall have the right to amend or supplement the Plat in connection with the exercise of any development rights. Section 9.5 Other Rights. Declarant shall have the right to exercise any additional reserved right created by any other provision of this Declaration or otherwise permitted by the Act. Section 9.6 Rights Transferable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Declaration for the benefit of Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in every county in which any portion of the Community is located. Such instrument shall be executed by the transferor Declarant and the transferee. ARTICLE 10: RESERVATION OF DEVELOPMENT RIGHTS Section 10.1 Development/Withdrawal Rights. Declarant expressly reserves the right to subdivide, condominiumize, plat and construct additional Lots, Tracts, units, common areas and dwelling units and associated roadways, driveways and access ways (the "Additional Improvements"), to subdivide Lots, relocate boundaries between Lots or Tracts or the Reserved Property, by subdivision or otherwise, and, as applicable, to submit such property to the Community, on all or any portion of the Community or the property described on Exhibit D (the "Reserved Property"). Tract C is not at the time of the initial recording of this Declaration submitted to the Community. Further, Declarant reserves the right to withdraw Tract A or Tract B or any portion thereof from the Community. Section 10.2 Total Units/Lots. The Community presently contains seven (7) Lots and two (2) Tracts. An additional Tract (Tract C) is, at the time of recording this Declaration, owned by Declarant and, in Declarant’s discretion, may be annexed into the Community. Pursuant to the PUD Guide, the Community is presently approved for the development of up to fifty-four (54) dwelling units. Subject to approval of the Garfield County Board of County Commissioners, Declarant reserves the right to construct and have ownership of up to an additional forty-six (46) Lots and/or dwelling units in the Community including in the Reserved Property, to be platted and constructed in addition to the existing Lots and Tracts in the Community, for a maximum total of one-hundred (100) dwelling units, Lots or Tracts in the Community. Section 10.3 Order of Development. Declarant may exercise its development rights on all or any portion of the Reserved Property or the Community owned by Declarant in whatever order of development Declarant, in its sole discretion, determines. Section 10.4 Affordable Housing. Declarant reserves the right to develop on-site affordable housing in connection with the exercise of the above development rights and thereafter. Declarant also reserves the right to subdivide or condominiumize said affordable housing residences. Such affordable housing may be rental or for-sale housing, in Declarant’s discretion. Such affordable housing may or may not, in Declarant’s sole discretion, be submitted to or annexed to the Community. 19 Section 10.5 Entitlements. Declarant reserves the right to rezone and amend the PUD Guide or any other entitlements concerning the Community with regard to any of the Lots or Tracts or Reserved Property as may be approved by Garfield County. Section 10.6 Lot Line Adjustments. The Declarant reserves the right to adjust the common boundary lines between any Lot(s) or Tract (s) or Reserved Property owned by Declarant. Section 10.7 Amendment of the Declaration. If Declarant elects to exercise any or all of the development rights or other special rights reserved in this Declaration or the Act, Declarant shall record an amendment or supplement to this Declaration in the Garfield County records describing at a minimum the legal description of the additional or resulting Lots, Tracts or dwelling units; a description of any additional Common or Limited Common Elements; and a schedule indicating the resulting reallocation of the voting interests and Allocated Interests according to Section 3.1.1; provided, however, any new Lots or Tracts or dwelling units which are solely designated as being for purposes of affordable housing shall not have a vote in the Association or have Allocated Interests in the Association and shall not be subject to payment os Assessments. Section 10.8 Amendment of the Plat. Declarant shall, contemporaneously with recording of an amendment of this Declaration, file an amendment of the Plat (the “Supplemental Plat”) showing the location of the New Lots or Tracts or dwelling units. The Supplemental Plat shall substantially conform to the requirements contained in this Declaration. Section 10.9 Declaration Operative on New Lots, Tracts and Dwelling Units. Any such new Lots or Tracts or dwelling units and improvements thereon shall be subject to all the terms and conditions of this Declaration and of any supplemental declaration or declarations, and shall be subject to ownership with all the incidents pertaining thereto as specified herein upon recordation of the Supplemental Plat and any Amendment to or Supplemental Declaration. Section 10.10 Construction Easement. Declarant expressly reserves the right to perform work, repairs and construction work and to store materials in secure areas, in or on Lots or Tracts then-owned by Declarant, and the future right to control such work and repairs, and the right of access thereto, until its completion. All work may be performed by Declarant without the consent or approval of any Lot Owner or the Association. Declarant has and reserves an easement through the Community as may be reasonably necessary for the purpose of discharging Declarant's obligations and exercising Declarant's reserved rights in this Declaration. Such easement includes the right to construct underground utility lines, pipes, wires, ducts, conduits, and other facilities across the land in the Community or shown on the Plat for the purpose of furnishing utility and other services to the buildings and improvements to be constructed on the Reserved Property. Declarant's reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Community or existing easements established or otherwise reserved, which are not occupied by an improvement or Building Envelope. In exercising its rights pursuant to this Section, Declarant shall, at its expense, promptly restore and revegetate any land areas and vegetation which may be disturbed by its construction activities, including the installation of utilities, to a condition approximating that which existed prior to disturbance, and shall utilize best construction practices applicable to the specific activity in order to 20 minimize the nature and extent of disturbance. Section 10.11 Termination of Expansion and Development Rights. The development rights reserved to Declarant, for itself, its successors and assigns, shall expire fifty (50) years from the date of recording this Declaration, unless the development rights are: (a) extended as allowed by law; or (b) reinstated or extended by the Association, subject to whatever terms, conditions, and limitations the Board of Directors may impose on the subsequent exercise of the development rights by Declarant. Section 10.12 Declarant's Exercise of Special Declarant Rights and Other Development Rights. The rights reserved by Declarant under this Declaration accrue to Declarant and transferees or assignees of Declarant. No other party may claim any entitlement or direct or indirect benefit from such rights. The determination to utilize such rights or not utilize such rights is a determination to be made in the sole and absolute discretion of Declarant or Declarant's transferees or assignees from time to time. ARTICLE 11: ENFORCEMENT/DISPUTE RESOLUTION Section 11 .1 Enforcement Action. The Board of Directors, on behalf of the Ranch Association and all or some of the Owners and each Owner, shall have the right to prosecute any action to enforce the provisions of this Declaration by injunctive relief and for damages, as applicable, by reason of any violation of any provisions of this Declaration. Section 11 .2 Limitations on Actions Related to Construction. In the event any construction or alteration or landscaping work is commenced upon any of the lands in the Community in violation of any provision of this Declaration and no action is commenced within 365 days after the issuance of a certificate of occupancy or letter of completion for such construction or alteration or landscaping to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. Said 365-day limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. No bond shall be required to be posted by any party seeking to enforce the provisions of this Declaration against the Owner of a Lot or Tract and all of said Owners hereby waive the requirement of posting a bond in such action. Section 11.3 Dispute Resolution. Except as otherwise provided herein, all claims, disputes, and other matters in question between the Owners or among the Board of Directors of the Ranch Association arising out of or relating to this Declaration, the Ranch Association, or the Lots or Tract, including any asserted default or breach with respect thereto, and including any “deadlock” resulting from a tie vote among the Board of Directors, shall be resolved initially by mediation unless the parties mutually agree otherwise. No mediation shall include by consolidation, joinder or in any other manner, parties other than the Owners, the Directors, and any other person substantially involved in a common question of act or law, whose presence is required if complete relief is to be accorded in the dispute resolution. In the event that a dispute or claim arises between the Owners or Directors, and the procedure for the resolution thereof is not set forth herein, that dispute or claim shall be submitted to resolution by three (3) individuals, all of whom shall either be: (i) a real property owner 21 in the Roaring Fork Valley; or (ii) a licensed attorney whose main office is in the Roaring Fork Valley; or (iii) a licensed real estate broker whose main office is in the Roaring Fork Valley. Each side of the dispute or deadlock shall appoint one (1) such individual and the two (2) individuals appointed by each side of the dispute or deadlock shall appoint a third qualified individual. These three (3) individuals shall be called the Dispute Resolution Panel and the majority decision of the Dispute Resolution Panel shall be binding on the Owners or Directors as if made by mutual agreement. The costs and expenses of the Dispute Resolution Panel shall be borne equally by the Owners or the Association (if the dispute is a deadlock in the voting of the Board of Directors). In rendering any decision, the Dispute Resolution Panel shall follow insofar as is practicable the procedures of the American Arbitration Association. The award or decision rendered by the Dispute Resolution Panel shall be subject to appeal to a court of competent jurisdiction. Notice of the demand for dispute resolution shall be filed in writing with the other Owner or Directors as applicable. The demand for dispute resolution shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen; and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12: INSURANCE Section 12.1 Insurance. The Ranch Association may purchase property insurance policies covering the Community property, roads, easements, equipment, and other property that the Ranch Association, in its discretion, deems advisable. In addition, the Ranch Association may purchase commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, management or other activities related to the land shown on the Plat. The Ranch Association may purchase any other insurance policies it deems advisable. Section 12.2 Fidelity Insurance. If any Owner or employee of the Ranch Association controls or disburses funds of the Ranch Association, the Ranch Association must obtain and maintain, to the extent reasonably available, fidelity insurance with respect to such Owner or employee. Coverage shall not be less in aggregate than one year of current assessments plus reserves, as calculated from the current budget of the Ranch Association. 12.2.1 Any person employed as an independent contractor by the Ranch Association for the purposes of managing the Community must obtain and maintain fidelity insurance in an amount not less than the amount specified herein, unless the Ranch Association names such person as an insured employee in a contract of fidelity insurance. 12.2.2 The Ranch Association may carry fidelity insurance in amounts greater than required herein and may require any independent contractor employed for the purposes of managing the Project to carry more fidelity insurance coverage than required herein. Section 12.3 Insurance Premiums are Common Expenses. Premiums for insurance that the Ranch Association acquires and other expenses connected with acquiring such insurance are common expenses. Section 12.4 Owner Insurance Coverage Requirements. Each owner of property within the 22 Community shall obtain General Liability Insurance in minimum amounts and with such coverages as may be determined from time to time by the Board of Directors and all such policies shall name the Ranch Association as an additional insured party. Section 12.5 Third-Party Insurance Requirements. Any person or entity leasing, occupying or otherwise using property within the Community for any equine activities on any portion of the Community property, including, but not limited to, any polo fields, exercise track, roadways, or trails, shall have in full force and effect prior to condicting any such activity commercial liability insurance naming the Ranch Association as an additional insured in amounts and with coverages as may be set from time to time by the Board of Directors. ARTICLE 13: GENERAL PROVISIONS Section 13.1 Covenants to Run with the Land. All of the covenants, conditions and restrictions contained in this Declaration shall be a burden on the title to all of the lands in the Community, and the benefits thereof shall inure to the Owners of all of the lands in the Community. Section 13.2 Termination and Amendment of Declaration. This Declaration and/or the Plat may be terminated or amended by the Owners of sixty-seven percent (67%) of the votes in the Ranch Association. A copy of any resolution of termination or amendment, certified as correct and complete and certifying that the requisite percentage of the Owners have approved such resolution, shall be placed of record in Garfield County, Colorado, not more than six (6) months after the date of said amendment. If this Declaration is so amended, then it shall continue in effect, as amended, for so long thereafter as may be stated in said amendment. Section 13.3 Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decisions shall not affect the validity of the remaining covenants. Section 13.4 Repeal of the Act. In the event that the Act is repealed, the provisions of the Act immediately before its repeal shall control this Declaration. However, to the extent that the Bylaws of the Ranch Association differ from the Act as repealed, the provisions of the Bylaws shall control. Section 13.5 Section Headings. The Section headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. Section 13.6 Notices. Except as otherwise provided in this Declaration or the Bylaws, all notices, demands, bills, statements, or other communications under this Declaration shall be in writing and shall be deemed to have been duly given if delivered personally or if sent by United States mail, first class postage prepaid: 13.6.1 if to a Member, at the address which the Member has designated in writing and filed with the Secretary or, if no such address has been designated, at the address provided for the Owner of such Lot or Tract in the Garfield County Assessor’s Office; 13.6.2 if to the Ranch Association, the Board of Directors, or any property manager, 23 at the principal office of the Ranch Association or of the property manager if previously designated in writing by the Board of Directors or at such other address as shall be designated by notice in writing to the Members pursuant to this Section; or 13.6.3 if to any committee, at the principal address of the Ranch Association or at such other address as shall be designated by notice in writing to the Members pursuant to this Section. Section 13.7 Equine Provisions. All Barn Lot Owners, Lessees of any Community property and any other persons or entities conducting equine activities on Community property shall, at a minimum, comply with the following: 13.7.1 Post, at all times, on or near all barns, stables, arenas, corrals, and the polo fields a notice of waiver of liability in the form provided for in C.R.S. § 13-21-119 (black letters at least one-inch in height), as the same may be amended from time to time. At the time this Declaration is recorded such notice is as follows: WARNING Under Colorado law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. 13.7.2 Require all persons, including all employees, guests and invitees, working with or riding equines at any time and anywhere on Community property to sign a Waiver of Liability and Indemnity on a form approved by the Board of Directors and including the warning language referenced in Section 13.7.1, above. [SIGNATURE PAGE FOLLOWS] 24 IN WITNESS WHEREOF, the Declarant has executed this instrument effective as of the date set forth above. DECLARANT: ASPEN POLO PARTNERS, LLP, a Colorado limited liability partnership By: , Authorized Agent STATE OF _____________ ) ) ss. COUNTY OF ___________ ) The foregoing Declaration of Covenants, Conditions and Restrictions for McClure River Ranch Master Association was acknowledged before me on the day of _____________, 2022, by _________________________, as Authorized Agent of Aspen Polo Partners, LLP, a Colorado limited liability partnership, the Declarant. Witness my hand and official seal. My commission expires: ____________________________ ___________________________________ Notary Public 25 EXHIBIT A TO DECLARATION OF PROTECTIVE COVENANTS (Real Property owned by Declarant) A TRACT OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31 AND IN LOTS 5 AND 13 OF SECTION 32, ALL IN TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY RIGHT OF WAY LINE OF OLD STATE HIGHWAY 82 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE WHENCE A STONE FOUND IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION 31, BEARS N 26 DEGREES 00' 43" E 1433.52 FEET; THENCE S 79 DEGREES 58' 52" E 2125.37 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1013 AT PAGE 423 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL ON THE FOLLOWING TWO (2) COURSES: S 04 DEGREES 55' 00" W 461.90 FEET; THENCE S 01 DEGREES 00' 00" E 861.25 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE ROARING FORK TRANSIT AUTHORITY RAILROAD RIGHT OF WAY; THENCE 169.57 FEET ALONG SAID NORTHERLY RAILROAD RIGHT OF WAY LINE ON THE ARC OF A 1565.69 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 54 DEGREES 32' 43" W 169.49 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13 THENCE N89 DEGREES 54' 14" W 651.37 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 10; THENCE S 00 DEGREES 10' 37" E 297.60 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 10 TO A POINT ON THE APPROXIMATE HIGH WATER LINE ALONG THE NORTH BANK OF THE ROARING FORK RIVER; THENCE ALONG THE APPROXIMATE HIGH WATER LINE THE FOLLOWING EIGHT (8) COURSES: S 89 DEGREES 14' 32" W 309.42 FEET; THENCE N 89 DEGREES 48' 58" W 140.45 FEET; THENCE S 85 DEGREES 10' 25" W 69.40 FEET; THENCE S 79 DEGREES 59' 38" W 295.48 FEET; THENCE S 51 DEGREES 27' 51" W 194.85 FEET; THENCE S 66 DEGREES 58' 23" W 177.89 FEET; THENCE S 59 DEGREES 38' 56" W 83.40 FEET; THENCE S 57 DEGREES 43' 02" W 142.66 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF BLUE CREEK RANCH RECORDED AS RECEPTION NO. 623535 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID BLUE CREEK RANCH ON THE FOLLOWING THREE (3) COURSES: N 00 DEGREES 10' 37" W 670.31 FEET; THENCE N 89 DEGREES 54' 14" W 231.46 FEET; THENCE N 00 DEGREES 02' 13" W 1677.90 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 333 AT PAGE 511 OF THE GARFIELD COUNTY RECORDS; THENCE S 79 DEGREES 52' 12" E 278.00 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF THE PARCEL DESCRIBED IN SAID BOOK 333 AT PAGE 511 TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N 00 DEGREES 02' 13" W 156.69 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL TO THE POINT OF BEGINNING. CONTAINING 98.19± ACRES, MORE OR LESS, 26 EXHIBIT B (Real Property Submitted to Declaration) Tract A, Tract B, Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6 and Lot 7 as shown on the Final Plat of McClure River Ranch recorded the ____ day of ____________, 2022, as Reception No. __________ in the records of the Garfield County Clerk and Recorder’s Office. 27 EXHIBIT C (Licenses and Easements affecting the Community) Reservations in United States Patent dated June 30, 1892, and recorded May 2, 1903, in Book 73 at Page 167, as Reception No. 082729; and United States Patent dated June 5, 1894 and recorded August 11, 1894 in Book 12 at Page 333 as Reception No. 017568. Reservations in Deed recorded recorded January 10, 1944 in Book 208 at Page 584 as Reception No. 150766. Right-of-way Easement recorded October 19, 1961 in Book 337 at Page 229 as Reception No. 215432. Right-of-way Easement recorded January 31, 1974 in Book 454 at Page 467 as Reception No. 261611. Right-of-way Easement recorded October 22, 1975 in Book 479 at Page 875 as Reception No. 269894. Order of Possession and Rights of Access document recorded August 26, 1992 in Book 840 at Page 224 as Reception No. 438360. Rule & Order and Rights of Access document recorded December 27, 1993 in Book 887 at Page 640 as Reception No. 457087. Quit Claim Deed for Water Rights recorded September 1, 2006, as Reception No. 705846. Resolution No. 2007-PC 05 recorded December 14, 2007, as Reception No. 739330. Resolution No. 2009-81 recorded December 9, 2009, as Reception No. 778758. Land Use Change Permit recorded February 10, 2010, as Reception No. 781907. Land Use Change Permit recorded May 21, 2010, as Reception No. 786310. Resolution No. 2010-57 recorded August 4, 2010, as Reception No. 789509. Resolution 2010-101 recorded January 5, 2011, as Reception No. 796752. Fencing Agreement recorded August 27, 2012, as Reception No. 823180. Resolution 2013-58 recorded September 4, 2013, as Reception No. 840245. Resolution No. 2015-49 recorded September 9, 2015, as Reception No. 867726. Resolution No. 2016-37 recorded May 3, 2016, as Reception No. 876726. 28 Resolution No. 2016-59 recorded September 13, 2016, as Reception No. 882266. Bargain and Sale Deed and Assignment Water Rights recorded June 1, 2017, as Reception No. 893043. Assignment and Assumption of Contracts and Permits recorded June 1, 2017, as Reception No. 893044. Resolution No. 2018-10 recorded March 13, 2018, as Reception No. 904213. Aspen Valley Polo Club PUD Guide recorded March 13, 2018, as Reception No. 904214. PUD Plan Map, Aspen Valley Polo Club PUD recorded March 13, 2018, as Reception No. 904215. Holy Cross Energy Underground Right-of-Way Easement recorded April 20, 2018, as Reception No. 905657. Trench, Conduit and Vault Agreement recorded April 20, 2018, as Reception No. 905658. Memorandum of Water Allotment Contract recorded May 3, 2018, as Reception No. 906336. Memorandum of Water Allotment Contract recorded May 3, 2018, as Reception No. 906337. Holy Cross Energy Underground Right-of-Way Easement recorded April 29, 2019, as Reception No. 919719. Right of way for ditches that traverse the property, and river tributaries, as show on the ALTA/NSPS Land Title Survey, provided by True North Colorado, dated April 18, 2018, as Project No. 2017-115. Overhead Electric Line, as shown on the ALTA/NSPS Land Title Survey, provided by True North Colorado, dated April 18, 2018, as Project No. 2017-115. Resolution No. 2020-54 recorded November 16, 2020, as Reception No. 945439. PUD Plan Map recorded November 16, 2020, as Reception No. 945440. Resolution No. 2020-55 recorded November 16, 2020, as Reception No. 945441. Preliminary Plan Map recorded November 16, 2020, as Reception No. 945442. Resolution No. 2022-__ recorded _______________, 2022, as Reception No. __________. Final Plat McClure River Ranch recorded _______________, 2022, as Reception No. _________. 29 EXHIBIT D (Lands Reserved for possible Expansion or Annexation into the Community – “Reserved Property”) Parcel 1: Tract C as shown on the Final Plat of McClure River Ranch recorded the ____ day of ____________, 2022, as Reception No. __________ in the records of the Garfield County Clerk and Recorder’s Office. Parcel 2: The property described in document recorded December 30, 2013 in at Reception No. 844800 of the Garfield County Clerk and Recorder ’s Office. 30 EXHIBIT E (Votes and Allocated Interests) PARCEL Votes Allocated Interests Tract A 1 25% Tract B 1 25% Lot 7 1 25% Barn Lot Assn 1 25% TOTAL: 4 100% 592 Highway 133 • Carbondale, CO 81623 • 970.340.4130 • www.rfeng.biz Page 1 of 1 Memo To: Glenn Hartman, Garfield County Planning Department From: Adam Racette, P.E. cc: Jon Fredericks, Land West Date: May 26, 2022 Re: Construction Observation Certification RFE performed construction observation for the McClure River Ranch Zone 1 Project located in Garfield County, Colorado, throughout the course of construction. Based on our observations, the site work completed as of May 26, 2022, is in substantial conformance with the approved construction drawings and specifications. This includes the stormwater drainage swales, culverts, and inlets, which were all sized to capture and convey the 25-year storm event, as specified under Garfield County Development Code. This also includes all of the other items completed as part of the Subdivision Improvement Agreement and listed in the Engineer’s Opinion of Probable Cost that is attached for reference. Quality assurance testing for materials and compaction were completed by others, as well erosion control and stormwater management during the project. A copy of the Colorado Department of Public Health and Environment construction discharge permit is attached. All the items that are labeled remaining have yet to be constructed. Date: 5/27/2022 Estimate By: AMR Project No. 2017-13 Description Units UnitPrice Quantity Total Quantity Total Quantity Total CLEARING AND GRUBBING (ZONE 1)LS $20,000.00 1 $20,000.00 0 $0.00 1 $20,000.00 CLEARING AND GRUBBING (ZONE 2 FENCE LINE)LS $6,000.00 0 $0.00 1 $6,000.00 1 $6,000.00 SAWING ASPHALT MATERIAL (2 INCH)LF $5.00 248 $1,240.00 0 $0.00 248 $1,240.00 SAWING ASPHALT MATERIAL (6 INCH)LF $8.00 248 $1,984.00 0 $0.00 248 $1,984.00 $23,224.00 $6,000.00 $29,224.00 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE)CY $8.00 956 $7,651.01 0 $0.00 956 $7,651.01 STOCKPILE TOPSOIL & PLACEMENT CY $23.00 13360 $307,280.00 0 $0.00 13360 $307,280.00 AGGREGATE BASE COURSE (CLASS 6)TON $59.00 3578 $211,078.40 0 $0.00 3578 $211,078.40 $526,009.41 $0.00 $526,009.41 HOT MIX ASPHALT (GRADING SX) (75) (PG 58-28) 4"TON $150.00 0 $0.00 1938 $290,688.75 1938 $290,688.75 $0.00 $290,688.75 $290,688.75 RIPRAP (6 INCH)CY $120.00 10 $1,200.00 0 $0.00 10 $1,200.00 18 INCH PLASTIC PIPE (ADS N12) (storm)LF $80.00 628 $50,240.00 0 $0.00 628 $50,240.00 18 INCH PLASTIC PIPE (ADS N12) (culvert)LF $80.00 434 $34,720.00 0 $0.00 434 $34,720.00 INLET SPECIAL (5 FOOT) (18 INCH NYLOPLAST INLET)EACH $1,200.00 3 $3,600.00 0 $0.00 3 $3,600.00 MANHOLE SPECIAL (STORM DRAIN) (DRYWELL)EACH $10,000.00 2 $20,000.00 1 $10,000.00 3 $30,000.00 MANHOLE SPECIAL (STORM DRAIN)EACH $8,000.00 3 $24,000.00 0 $0.00 3 $24,000.00 $133,760.00 $10,000.00 $143,760.00 2 INCH ELECTRICAL CONDUIT LF $18.00 0 $0.00 0 $0.00 0 $0.00 4 INCH ELECTRICAL CONDUIT LF $20.00 520 $10,400.00 0 $0.00 520 $10,400.00 4 INCH ELECTRICAL CONDUIT (2 CONDUIT BANK)LF $40.00 1039 $41,560.00 0 $0.00 1039 $41,560.00 4 INCH ELECTRICAL CONDUIT (3 CONDUIT BANK)LF $50.00 0 $0.00 0 $0.00 0 $0.00 4 INCH ELECTRICAL CONDUIT (4 CONDUIT BANK)LF $60.00 1089 $65,340.00 0 $0.00 1089 $65,340.00 4 INCH ELECTRICAL CONDUIT (CABLE)LF $30.00 2240 $67,200.00 0 $0.00 2240 $67,200.00 6 INCH ELECTRICAL CONDUIT LF $25.00 0 $0.00 0 $0.00 0 $0.00 ELECTRIC VAULT (INSTALL ONLY)EACH $2,750.00 6 $16,500.00 0 $0.00 6 $16,500.00 CABLE VAULT (INSTALL ONLY)EACH $1,750.00 2 $3,500.00 0 $0.00 2 $3,500.00 WIRING LS $40,000.00 1 $40,000.00 0 $0.00 1 $40,000.00 METER POWER PEDESTAL EACH $4,500.00 8 $36,000.00 0 $0.00 8 $36,000.00 PEDESTAL (CABLE)EACH $1,250.00 2 $2,500.00 0 $0.00 2 $2,500.00 ELECTRIC TRANSFORMER (1-PHASE)EACH $8,000.00 2 $16,000.00 0 $0.00 2 $16,000.00 ELECTRIC TRANSFORMER (3-PHASE)EACH $10,000.00 3 $30,000.00 0 $0.00 3 $30,000.00 TRENCH (SPECIAL) (GAS TRENCH)LF $23.00 513 $11,799.00 437 $10,051.00 950 $21,850.00 $340,799.00 $10,051.00 $350,850.00 STEEL SIGN SUPPORT (2-INCH ROUND)(POST AND SOCKET) EACH $500.00 2 $1,000.00 0 $0.00 2 $1,000.00 FENCE (ZONE 2)LF $25.00 0 $0.00 885 $22,125.00 885 $22,125.00 $1,000.00 $22,125.00 $23,125.00 EROSION LOG TYPE 1 (9 INCH)LF $7.50 192 $1,440.00 0 $0.00 192 $1,440.00 STORM DRAIN INLET PROTECTION (TYPE III)EACH $500.00 3 $1,500.00 0 $0.00 3 $1,500.00 VEHICLE TRACKING PAD EACH $3,000.00 2 $6,000.00 0 $0.00 2 $6,000.00 SOIL RETENTION BLANKET (EXCELSIOR)(BIODEG CLASS 1) SY $3.25 9933 $32,282.25 49 $159.25 9982 $32,441.50 CONSTRUCTION SURVEYING LS $15,000.00 1 $15,000.00 0 $0.00 1 $15,000.00 TRAFFIC CONTROL LS $7,500.00 1 $7,500.00 0 $0.00 1 $7,500.00 MOBILIZATION LS $55,000.00 1 $47,142.86 0 $7,857.14 1 $55,000.00 SEEDING AND MULCHING ACRE $8,000.00 4 $29,128.00 1 $4,000.00 4 $33,128.00 $139,993.11 $12,016.39 $152,009.50 $1,164,785.52 $350,881.14 $1,515,666.66 $116,478.55 $35,088.11 $151,566.67 $1,281,264.07 $385,969.26 $1,667,233.32 Some quantities are rounded, so the sum in columns in columns E and G might not add up to column I Notes: 4) Quantities are rounded to the nearest whole number in the table. EROSION/STORMWATERCONTOLTOTALS Subtotal EngineerOpinionofProbableCost McClureRiverRanchͲPublicImprovements 1) Unit prices used in developing this OPC were based on cost estimate data from recent projects similar to the MRR project and within the Roaring Fork Valley. 2) Unit prices and total costs are based on Present Value dollars. Adjustments should be made for years beyond the present year if actual construction occurs in a future year. DEMOLITIONTOTALS EARTHWORKTOTALS HARDSCAPETOTALS DRAINAGETOTALS SHALLOWUTILITIESTOTALS MISC.SITEIMPROVEMENTSTOTAL Installed ConstructionTotal Remaining GrandTotals Contingency(10%) 3) This OPC was prepared using RFE’s experience and qualifications and represents RFE's judgment as a professional generally familiar with the industry. However, since RFE has no control over the cost of labor, materials, equipment, or services furnished by others, over contractor’s methods of determining prices, or over competitive bidding or market conditions, RFE cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from RFE's OPC. 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR-0300000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES Certification Number: COR03S581 This Certification to Discharge specifically authorizes: Divide Creek Builders Inc to discharge stormwater from the facility identified as Aspen Valley Polo Club To the waters of the State of Colorado, including, but not limited to: - Roaring Fork River Facility Activity : Residential development Disturbed Acres: 56 acres Facility Located at: 16411 Old Hwy 82 and Catherine Store Rd Uninc CO 81623 Garfield County Latitude 39.40237 Longitude -107.14619 Specific Information (if applicable): Certification is issued and effective: 12/27/2017 Expiration Date: This authorization expires upon effective date of the General Permit COR030000 renewal unless otherwise notified by the division. *ADMINISTRATIVELY CONTINUED This certification under the permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the permit. This certification was approved by: Lillian Gonzalez, Unit Manager Permits Section Water Quality Control Division *explanation of Admin Continued in cover letter