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HomeMy WebLinkAboutbocc.con.267.2015 • RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE %.„..*‘p.,, OF COLORADO AND PITKIN COUNTY FOR TRANSFER OF DIGITAL TRUNKED RADIO (DTR) AND MICROWAVE EQUIPMENT OWNED AND LOCATED AT THE CROWN MOUNTAIN COMMUNICATION SITE RESOLUTION NO.0 =2015 1. The digital trunked radio (DTR)site infrastructure and equipment currently ® owned by Pitkin County is operated as part of the State of Colorado's Public Safety DTR system. 2. The State of Colorado,Governor's Office of Information Technology,Public Safety Communications Network operates and maintains the State's 800 MHz (DTR)network including equipment upgrades, installation,programming and optimization. 3. The Public Safety Communications Network has local technicians that are specifically trained in maintenance of equipment in the DTR system and have the capacity to accept the maintenance, operations, upgrades and replacement-of the Crown Mountain site DTR equipment and has expressed a desire to do so. 4. Pitkin County Board of County Commissioners acknowledge that sharing the telecommunications facilities and services with the State of Colorado Public Safety Network substantially reduce costs for both parties and enhance public safety communications performance. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado to approve and authorize the Chair to sign the Memorandum of Understanding with the State of Colorado for transfer of digital trunked radio (DTR) and microwave equipment owned and located at Crown Mountain Communication Site. INTRODUC, D,FIRST READ, AND SET FOR PUBLIC HEARING ON THE -•-/- DAY •-/DAY OF vl 2015. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTIO PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE d DAY OF v , 2015. • NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ONHE OFFICIAL P TKIN COUNTY WEBSITE(www.pitkincounty.com ) ON THE c DAY OF V C 2015. • ADOPTED TER FIVAL READING AND PUBLIC HEARING ON THE ip:# 4. DAY OF Us 2015. PUBLISHED BY TITLE AND SHORT SI1JMMARY,AF ER AD PTION, IN THE ASPEN TIMES WEEKLY ON THE`9+91 DAY OF U' ,2015. 3 POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUN Y WEBS TE (www.pitkincounty.com) ON THENerA, DAY OF t 2015. AT ST: BOARD OF COUNTY COMMISSIONERS Be! �, '%I , lue4 By: 5 � 'P Je.nette Jones Steven F. Child, Chair De.uty County Clerk Date: x'1.(3120 LS-- APPROVED S -APPROVED AS TO FORM: MANAGER APPROVAL John El 'ount. torney Jon Peacock, County Manager 4 ems ..eyfo? CONTRAC -r11211:222b MEMORANDUM OF UNDERSTANDING between Pitkin County and the State of Colorado Governor's Office of.Information Technology, (OIT) Public Safety Communications Network THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of the /0 day of 6-a5i- , 2015, by and among Pitkin County, Colorado, hereinafter referred to as "Local Government" and the State Of Colorado, Governor's Office of Information Technology, Communication Services, 601 E 18th Ave, Suite 250, Denver, CO 80203, hereinafter referred to as the "State", and jointly referred to as the "Parties". II. PURPOSE Local Government and the State have entered into this MOU for the State to share building and tower space ("tower") for Digital Trunked Radio ("DTR") & microwave equipment ("equipment") located at the Local Government site located T85, R87W, SWNW Section 15 -SWSE, and 6th P.M., Colorado, herein referred to as the Crown Mountain site; and the sharing of other resources necessary for the support of both Parties' systems. III. AUTHORITIES Colorado Revised Statute,Part 5 of Article 37.5 of Title 24. IV. STATEMENT OF MUTUAL INTERESTS,BENEFITS AND CONSIDERATION The parties acknowledge that sharing telecommunications facilities and services may substantially reduce costs and enhance communications performance. V. DEFINITIONS A. DTR (Digital Trunk Radio) & Microwave Equipment refers to voice, data, channel banks, routers, hubs, bridges, radio base stations, repeaters, microwave networks, microwave batteries, chargers and antenna systems listed on Attachment A. B. Transfer refers to transfer of ownership of the equipment listed in Attachment A from the Local Government to the State. Page 1 of 8 VI. AFFIRMATION OF TITLE: Local Government affirms that: A. It owns'and possesses the equipment described in Attachment A, B. It has good and complete right,title, and interest in and to the equipment. C. It has full authority to give, transfer and assign all right, title and interest in and to the equipment. D. The equipment is free and clear of all encumbrances and restrictions. E. To the best of the Local Government's knowledge, the equipment has not been imported or exported into or from any country contrary to its laws. • F. It has authority to use the site, including but not limited to any necessary tower, building, right of way access and additional equipment as set out in Attachment B. VII. The Local Government shall establish and provide the following, as needed: A. All of the equipment listed in Attachment A shall become the property of the State upon final signature of this MOU..The Local Government shall cooperate with the State to transfer such ownership including completing, signing and filing any necessary paperwork to effectuate the transfer. B. Shared tower space and building space with the State at the Crown Mountain Site for a period of 25 years commencing on final signature of this MOU. The State shall not be required to pay any cash payment and the Local Government acknowledges that the State is providing other good and adequate consideration to the Local Government in exchange for the tower space and building space that is identified in this MOU as Attachment B. C. Provide electrical power to the Crown Mountain Site at no cost to the State. D. Agree to maintain the backup power generator, including fuel replenishment at no cost to the State. Generator fuel should be filled to a minimum level of 70% prior to lack of site access in the winter season to ensure uninterrupted service to public safety first responders using the DTR resources on the Crown Mountain site. E. To the extent authorized by 24-30-1510 (3) (e) CRS, the State shall defend and hold harmless the County for claims arising from alleged negligent acts or omissions of the State, and the State's employees which occur or are alleged to have occurred during the performance of such employees' duties and within the scope of such employees' employment, except for where such acts or omissions by such employees are willful and wanton, and any and all such claims shall be subject to the limitations of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 to 24-10-120 C.R.S., as Page2of8 now or hereafter amended. VIII. THE STATE SHALL: A. The State will provide labor, maintenance, parts and casualty and property coverage on the equipment listed in Attachment A. The State's obligation to provide casualty and property coverage of the equipment may be satisfied through self-insurance as allowed by CRS 24-30-1502(4.5). B. After all of the equipment listed in Attachment A becomes the property of the State, the State will provide maintenance and labor and supply all necessary parts to the equipment for its useful life, as determined by the State. IX. THE JOINT PARTIES MUTUALLY AGREE THAT: This.MOU provides for the installation, operation, and maintenance of the DTR network equipment and sharing of technical expertise. In addition, shared facilities and sites established under this MOU,within Local Government or any Colorado State jurisdiction may require separate instruments between the affected parties. • A. The State shall have access to the Site for maintenance purposes at all times, twenty- four hours a day, 365 days a year. B. Each Party will be responsible for the operations and maintenance of their own equipment except as otherwise noted in this MOU. C. Each Party will be responsible for conducting good maintenance practices and ensuring good operating procedures at the Site. D. When activity by the Parties would require the disruption of service, the scheduling of the disruption of service must be planned and coordinated to occur outside critical use periods. All affected Parties must be notified 48 hours prior to the planned disruptions of service. In emergency situations, all affected Parties must be notified as soon as possible. E. All Parties will manage frequencies assigned to them. In accordance with FCC (Federal Communications Commission), NTIA (National Telecommunications & Information Administration), and agency regulations, an interagency radio frequency agreement may be required for frequencies jointly used. F. When necessary, both parties shall establish schedules to coordinate the installation, modifications, and updates of facilities, networks, and equipment. G. When necessary, both parties shall establish and coordinate security guidelines to follow when accessing facilities. H. When the equipment in Attachment A becomes the property of the State,there will be Page 3 of 8 • no charge to the State for the ongoing tower and building space required for hosting the equipment. X. SPECIAL TERMS AND CONDITIONS: A. Irreconcilable disputes will be resolved through joint decisions by the County Commissioners for Local Government and the Manager of Public Safety Communications Network for the State of Colorado. B. This instrument in no way restricts the Parties from participating in similar activities with other public or private agencies, organizations, and individuals. C. NON-FUND OBLIGATING DOCUMENT. This instrument is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the Parties to this instrument will be handled in accordance with applicable laws, , regulations, and procedures including those for Government procurement and printing. XI. TERMS OF THE MOU A. The term of this MOU is for a period of twenty-five (25) years from the last signature of this document. B. This MOU may be modified (renegotiated, extended, or renewed) at the request of either party and such modification must be in writing duly executed by both parties. If this MOU lapses with no action taken by either party the terms may continue without modification for a period up to of three (3) years. During the lapse period this MOU may be renewed or extended as if it had not lapsed. C. Any change to the tower, tower space, building or building space as defined in Attachment B during the twenty-five (25) year period of this MOU including, but not limited to, replacement of the tower, request to move the equipment on the tower, replacement of the building or request to move the equipment in the building must be preceded by a duly executed written amendment signed by both parties. Page 4 of 8 XII. TECHNICAL CONTACTS: (Contact information can be changed by written notice to the other party.) Local Government Contact: Jeff Goelz,Radio Technician John Loyd, Chief Information Officer Pitkin County Pitkin County 485 Rio Grande Place,Aspen, CO.81611 530 E. Main St. 31-d Floor,Aspen, CO. 81611 970-315-2199 970-920-5211 jeffigoelz@pitkin911.org john.loyd@pitkincounty.com State Contacts: Governor's Office of Information Governor's Office of Information Technology Technology Public Safety Communications Network Public Safety Communications Network Attention: PSCN Program Manager Attention: PSCN Manager 601 E 18th St, Suite 250,Denver, CO 601 E 18th Ave, Suite 250,Denver, CO 80203 80203 (303) 764-7980 (303) 764-7967 Page 5 of 8 • THE PARTIES HERETO HAVE EXECUTED THIS MOU x Persons signing for Parties hereby swear and affirm that they are authorized to act on their behalf and acknowledge that the Parties are relying on their representations to that effect. BOARD OF COUNTY COMMISSIONERS GOVERNOR'S OFFICE OF INFORMATION PITKIN COUNTY,COLORADO TECHNOLOGY Suma Nallapati,Secretary of Technology and State Chief By: Steven F.Child Information Officer Title: CHAIR Steven Sizemore, OIT Contracts Director CtWeeA. CLDi *Signature t } �� ` COti�t� By: Signature-Authorized OIT Representative • Date: r / L� ij ;,* Date: PIP/t SEAL , • ,%OL O COLORADO STATE RISK MANAGER • By: Title: Signature • Date: • Page6of8 . •. • :s • :.•-• • ATTACHMENT A The Equipment referred to in this MOU consists of the following: 1. Microwave dish(s) connected on the Tower with attached coax or waveguide and ground kits installed at the appropriate locations along with lightning protection devices. 2. One 800Mhz receive antenna located on the Tower with coax attached, a Tower top pre- amp connected to the Tower near the receive antenna, ground kits installed at the appropriate locations along with lightning protection devices. 3. One 800Mhz transmit antenna located under the 800 Mhz receive antenna with coax attached, ground kits installed at the appropriate locations along with lightning protection devices. 4. Two to three seven foot racks of 800Mhz digital trunked radio (DTR) radio and network equipment and microwave transceivers in the building connected to the coax from the antennas and attached to the buildings electrical power. 5. Microwave batteries, charger and associated power devices. CROWN MOUNTAIN SITE Device Model Serial Notes RX Multicoupler 428B-83H-01-C 132146-B Bird.(TxRx)TTA TX Combiner DA099-CMBNR-001 FC61046A45FA 6 channel, 150 khz spacing UPS PW5130L1500-XL2U ND293CG124 PowerWare Router ST2500B 147CMH2063 S2500 SDM 3000 F4544A 469SMG001D SDM3000 Advanced GTR8000 T7054A 112CMK0430 Six-Pack Page7of8 • • • • • ATTACHMENT B = Site information-including land Use, tower space and building space authority consists of the following: • 1. Land—Bureau of Land Management (see lease attachment C) 2. Tower—2 -40' self supporting lattice towers, 1 - 60' self supporting tower 3.• Building—20' x 44' building 4. Generator—250 gallon above ground generator with 1000 gallon buried propane tank • 5. . Right of way access—Easement from the Stone Road Association,(see agreement • • - attachment D)to 15' x 655' access road. The Colorado Public.Safety • . • . Communications Network will be added as a Permitted Designee as required by the • Access Easement Agreement. • • • • • • • • • • • • Page 8 of 8 ATTACHMENT C • Form 2800-18 Issuing Office CON40000 (Revised March 2004) Serial Number COC-22082 Amendment-1 THE UNITED STATES Department of the InteriorJ� Bureau of Land Management CONTRACT# 07) COMMUNICATIONS USE LEASE Pitkin Countv.. •_ . 530 E_Main, ST STE 301 . (Lessee Name) (Billing Address-1) 485 Rio Grande Place #101 Aspen CO • 81611 • (Billing Address-2) (City) (ST) (Zip Code) THIS LEASE,dated this 12th day of June ,20.9 by and between the UNITED STATES OF AMERICA,acting through the Bureau of Land Management,Department of the Interior(hereinafter called the"United States" or"Bureau of Land Management"),as authorized by the Act of October 21,1976,and implementing regulations(90 Stat.2743;43 U.S.C. 1701,et seq.;43 CFR 2800),and Pitkin County ,successors,and assigns(hereinafter called the"Lessee"). • The United States and the Lessee are jointly referred to herein as the"Parties." As used herein,the"Authorized Officer"refers to the Bureau of Land Management official having the delegated authority to execute and administer this lease. Generally,unless otherwise indicated,such authority may be exercised by the Field Manager or District Manager for the public lands wherein the following described lands are located. The United States,for and in consideration of the terms and conditions contained herein and the payment to the United States of a rental in advance by the Lessee,does hereby grant to the Lessee a lease for the following described lands in the County of Pitkin ,State of Colorado : T8S.R87W,SWNW SECTION 15 SWSE,611'P.M. (Legal Description) (hereinafter called the"property"). The Lessee accepts this lease and possession of the property,subject to any valid existing rights, and agrees not to use the property,or any part thereof,except as a site for only the construction,operation,maintenance,and termination of a MULTI-USER COMMUNICATION FACILITY:WHICH INCLUDES A 20 X 44 BUILDING, 2 FORTY FOOT'SELF SUPPORTING LATTICE TOWERS, 1-SIXTY-FOOT SELF SUPPORTING TOWER,250 GALLON ABOVE GROUND GENERATOR,1000 GALLON BURIED PROPANE TANK,AND A 15 FOOT X 655 FOOT ACCESS ROAD. The location of the property is shown generally on the site plan dated April 17,2009 for the Crown Mountain Communications Site which is attached and made part hereof as Exhibit A. The facilities specifically authorized under this lease are shown on the plat contained in Exhibit B. (USER NOTE:Alternately,list all approved facilities here including buildings,roads, fences,towers,generators,tanks,etc.) MULTI-USER COMMUNICATION FACILITY:MULTI-USER COMMUNICATION FACILITY:WHICH INCLUDES A 20 X 44 BUILDING,2—FORTY FOOT SELF SUPPORTING LATTICE TOWERS,1-SIXTY-FOOT SELF SUPPORTING TOWER,250 GALLON ABOVE GROUND GENERATOR,1000 GALLON BURIED PROPANE TANK,AND A 15 FOOT x 655 FOOT ACCESS ROAD. • • Page 1 of 11 • The parties agree that this lease is made subject to the following terms and conditions. • I. TENURE,RENEWAL AND TRANSFERABILITY A. This lease will terminate at one minute after midnight on August 5,2025 . Termination at the end of the lease term occurs by operation of law and does not require any additional notice or documentation by the - Authorized Officer. This lease is not renewable;but the Lessee has the right to request a new lease pursuant to paragraph"C" below. B. The Lessee will undertake and pursue with due diligence construction and operation that is authorized by this lease. To the extent specified in Exhibits A&B ,construction will commence on2-001�/l,t,(Q. , 2-001U"____ ( (Date) This lease will terminate if operation does not commence by that date,unless the parties agree in writing,in advance,to an extension of the commencement date. C. If the Lessee desires a new lease upon termination of this lease,the Lessee must notify the Authorized Officer accordingly, in writing. The notice must be received by the Authorized Officer at least one year prior to the end of the lease term. The Authorized Officer will determine if the use should continue and,if it is to continue,if a new lease should be issued to the Lessee and under what conditions. The Authorized Officer will require payment of any amounts owed the United States under any Bureau of Land Management authorization before•issuance of another authorization. . . D. This lease is assignable with prior written approval of the Authorized Officer. Renting of space does not constitute an assignment under this clause. II. RENTAL A. •The Lessee must pay in advance an annual rental determined by the Authorized Officer in accordance with law,regulation, and policy. The annual rental will be adjusted by the Authorized Officer to reflect changes in fair market value,annual adjustments using the Consumer Price Index-Urban(CPI-U),changes in tenant occupancy,or phase-in of rental,if applicable. B. After the initial rental period rental payments are due at the close of the first business day after January 1 of each calendar year for which a payment is due. Payments due the United States for this use must be deposited at Bureau of Land Management, 50629 HIGHWAY 6 AND 24,GLENWOOD SPRINGS CO 81601 In the form of a check or money order payable to Bureau Of Land Management,DOI. Credit card payments(VISA and MasterCard)can be made in person,through the mail,or by telephone. This lease will terminate automatically if accrued rent is not received by the Bureau of Land Management within 90 calendar days after the initial due date for the payment of such rent. C. Pursuant to the Federal Claims Collection Act of 1966,as amended,31 U.S.C.3717,et seq,regulations at 7 CFR Part 3, Subpart B and 4 CFR Part 102, an interest charge will be assessed on any amount due but not received by the due date. Interest will accrue from the date the payment was due. Administrative costs will also be assessed in the event that two or more billing notices are required for unpaid accounts. In addition,an administrative penalty at a percentage rate prescribed by law or regulation will be assessed for failure to pay any portion of the debt that is more that 90 days past due. This paragraph survives the termination of this lease,regardless of cause. Other late fee charges may be assessed in accordance with standard BLM accounting procedures and policy. D. Disputed rentals are due and payable on or before the due date. III. RESPONSIBILITIES OF THE LESSEE • A. The Lessee is authorized to rent space and provide other services to customers and/or tenants and must charge each customer/tenant a reasonable rental without discrimination for the use and occupancy of the facilities and services provided. The Lessee must impose no unreasonable restrictions nor any restriction restraining competition or trade practices. By October 15th of each year,the Lessee must provide the Authorized Officer a certified statement,listing all tenants and customers,by category of use,located within the facility on September 30th of that year. • Page 2 of 11 • B. All development,operation and maintenance of the authorized,facility,improvements,and equipment located on the property must be in accordance with stipulations in the communications site plan approved by the Authorized Officer. If required by the Authorized Officer,all plans for development,layout,construction,or alteration of improvements on the property as well as revisions of such plans,must be prepared by a licensed engineer,architect,and or landscape architect. Such plans must be approved in writing by the Authorized Officer before commencement of any work. After completion,as-built plans,maps,surveys,or other similar information will be provided to the Authorized Officer and appended to the communications site plan. C. The Lessee must comply with applicable Federal,State,county,and municipal laws,regulations and standards for public health and safety,environmental protection,siting,construction,operation,and maintenance in exercising the rights granted by this lease. The obligations of the Lessee under this lease are not contingent upon any duty of the Authorized Officer,or other agent of the United States,to inspect the premises. A failure by the United States,or other governmental officials,to inspect is not a defense to noncompliance with any of the terms or conditions of this lease.'Lessee waives all defenses of laches or estoppel against the United States. The Lessee must at all times keep the title of the United States to the property free and clear of all liens and encumbrances. • D. Use of communications equipment is contingent upon the possession of a valid Federal Communications Commission (FCC)or Director of Telecommunications Management/Interdepartmental Radio Advisory Committee(DTM/IRAC) authorization(if required),and the operation of the equipment is in strict compliance with applicable requirements of FCC or .IRAC. A copy of each applicable license or authorization must at all times be maintained by the Lessee for each transmitter being operated. The Lessee must provide the Authorized Officer,when requested,with current copies of all licenses for equipment in or on facilities covered by this lease. E. The Lessee must ensure that equipment within his or her facility(including tenant and customer equipment)operates in a manner which will not cause harmful interference with the operation of existing equipment on or adjacent to the communications site. If the Authorized Officer or authorized official of the Federal Communications Commission(FCC)determines that the Lessee's use interferes with existing equipment,the Lessee must promptly take the necessary steps to eliminate or reduce the harmful interference to the satisfaction of the Authorized Officer or FCC official. F. When requested by the Authorized Officer,the Lessee must furnish technical information concerning the equipment located on the property. IV. LIABILITIES A. The Lessee assumes all risk of loss to the authorized improvements. B. The Lessee must comply with all applicable Federal,State,and local laws,regulations,and standards,including but not limited to,the Federal Water Pollution Control Act,33 U.S.C. 1251 et seq.,the Resource Conservation and Recovery Act,42 U.S.C.6901 et seq.,the Comprehensive Environmental Response,Control,and Liability Act,42 U.S.C.9601 et seq.,and other relevant environmental laws,as well as public health and safety laws and other laws relating to the siting,construction, operation,and maintenance of any facility,improvement,or equipment on the property. C. The Lessee must indemnify,defend,and hold the United States harmless for any violations incurred under any such laws and regulations or for judgments,claims,or demands assessed against the United States in connection with the Lessee's use or occupancy of the property. The Lessee's indemnification of the United States must include any loss by personal injury,loss of life or damage to property in connection with the occupancy or use of the property during the term of this lease. Indemnification. must include,but is not limited to,the value of resources damaged or destroyed;the costs of restoration,cleanup,or other mitigation;fire suppression or other types of abatement costs;third party claims and judgments;and all administrative,interest, and other legal costs. This paragraph survives the termination or revocation of this lease,regardless of cause. D. The United States has no duty,either before or during the lease term,to inspect the property or to warn of hazards and,if the United States inspects the property,it will incur no additional duty nor any liability for hazards not identified or discovered through such inspections. This paragraph survives the termination or revocation of this lease,regardless of cause. E. The Lessee has an affirmative duty to protect from damage the land,property,and interests of the United States. Page 3 of 11 • E.(1). The Lessee must maintain$ 1,000,000.00 worth of insurance coverage,naming the United States additionally insured on the policies(s),to partially fund the indemnification obligations of the Lessee for any and all losses due to personal injury,loss of life,or property damage,including fire suppression and hazardous waste costs. The Lessee must furnish proof of insurance(such as a surety bond,or certificate of insurance)to the Authorized Officer prior to execution of this lease and verify annually,and in writing,the insurance obligation to the Authorized Officer. The Authorized Officer may allow the Lessee to replace,repair,restore,or otherwise undertake necessary curative actions,to the satisfaction of the Authorized Officer,in order to mitigate damages in addition to or an as alternative to monetary indemnification. F. In the event of any breach of the lease by the Lessee,the Authorized Officer may,on reasonable notice,cure the breach at • the expense of the Lessee. If the Bureau of Land Management at any time pays any sum of money or does any act which requires payment of money,or incurs any expense,including reasonable attorney's fees,in instituting,prosecuting,and/or defending any action or proceeding to enforce the United States rights hereunder,the sum or sums so paid by the United States, with all interests,costs and damages will,at the election of the Bureau of Land Management,be deemed to be additional rental hereunder and will be due from the Lessee to the Bureau of Land Management on the first day of the month following such election. V. OTHER PROVISIONS A. Nondiscrimination. The Lessee must at all times operate the described property and its appurtenant areas and its buildings and facilities,whether or not on the property,in full compliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of the Interior and in effect on the date this lease is granted to the end that no person in the United States will,on the grounds of race,sex,color,religion,or national origin,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any of the programs or activities provided thereon. B. Termination and Suspension. 1. General. For purposes of this lease,termination and suspension refer to the cessation of uses and privileges under the lease. "Termination"refers to an action by the Authorized Officer to end the lease because of noncompliance with any of the prescribed terms,abandonment,or for reasons in the public interest. Termination also occurs when,by the terms of the lease,a fixed or agreed upon condition,event,or time occurs. For example,the lease terminates at expiration. Termination ends the Lessee's right to use the public land for communication purposes. "Suspension" is a temporary action and the privileges may be restored upon the occurrence of prescribed actions or conditions. • 2. This lease may be suspended or terminated upon breach of any of the terms or conditions herein or upon nonuse,or when in the public interest. Nonuse refers to a failure to operate consistently the facilities on the property for any period during the term in excess of 180 days. When suspended or terminated in the public interest,the Lessee will be compensated subject to the availability of appropriated funds. Compensation will be based upon the initial cost of improvements located on the lease,less depreciation as allocated over the life of the improvements as evidenced by the Lessee's Federal tax amortization schedules. 3. Except in emergencies,or in case of nonuse,the Authorized Officer will give the Lessee written notice of the grounds for termination or suspension and a reasonable time,not to exceed 90 days,to complete the corrective action. After the prescribed period,the Bureau of Land Management is entitled to such remedies as are provided herein. 4. Any discretionary decisions or determinations by the Authorized Officer on termination or suspension are subject to • appeal in accordance with the regulations in Title 43,Code of Federal Regulations. C. Restoration • Page 4 of 11 • 1. In the event the Authorized Officer decides not to issue a new lease,or the Lessee does not desire a new lease,the Lessee must,prior to the termination of this lease,restore and stabilize the site to the satisfaction of the Authorized Officer. 2. In the event this lease is revoked for noncompliance,the Lessee must remove all structures and improvements within a reasonable period as determined by the Authorized Officer,except those owned by the United States,and must restore the sits as nearly as reasonably possible to its original condition unless this requirement is otherwise waived in writing by the Authorized Officer. 3. If the Lessee fails to remove all structures or improvements within the prescribed period,they will become the property of the United States and may be sold,destroyed,or otherwise disposed of without any liability to the United States. D. Members of Congress. No member of or Delegate to Congress or Resident Commissioner may benefit from this lease either directly or indirectly,except when the lease provides a general benefit to a corporation. E. Reservations. This lease is granted subject to the following reservations by the United States: • 1. The right to all natural resource products now or hereafter located on the property unless stated otherwise herein, and the right to obtain,utilize,or dispose of such resources insofar as the rights and possession of the Lessee are not unreasonably affected. - 2. The right to modify the communications site plan as deemed necessary. 3. The right to enter upon the lease and inspect all facilities to assure compliance with the conditions of this lease. 4. The right of the United States to use or to authorize the use of the property for compatible uses,including the subsurface and air space. In the event of any conflict between any of the proceeding printed clauses or any provisions thereof and any of the following clauses or any provision thereof,the preceding printed clauses control. • • Page 5 of 11 • EXHIBIT B, STIPULATIONS COC22082 Crown Mountain Communication Site 1. Pursuant to 43 CFR § 1810 the Authorized Officer is the Glenwood Springs Field Office Manager, or his or her Designee. - 2. The plans, maps, and designs set forth in the application are incorporated into and made a part of this Grant instrument as fully and effectively as if they were set forth herein in their entirety. 3. All design, material, and construction, operation, maintenance, and termination practices shall be in accordance with safe and proven engineering practices. The lessee shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. • 4. The holder shall disturb and remove only the minimum amount of soils and vegetation necessary for construction of the communication site facilities authorized herein. 5. No construction or maintenance activities shall be allowed during periods when the soil is too wet to adequately support construction equipment or motorized vehicles. if such use creates ruts in excess of four inches deep, the soil shall be deemed too wet to adequately support construction vehicles or equipment. 6. Trash shall be confined in a covered container while construction is in progress. Upon completion,all trash,flagging, laths, etc., shall be removed and hauled to an authorized disposal site. 7. To prevent impacts to raptors and migratory bird species, the power line shall comply with the APLIC's Suggested Practices for Raptor Protection on Power Lines publication, and the National Electric Safety Code. Reference: Avian Power Line Interaction Committee(APLIC). 2006. Suggested Practices for Raptor Protection on Power Lines: The State of the Art in 2006. Edison Electric Institute,APLIC and the California Energy Commission. Washington, D.C.and Sacramento, CA. 8. To meet visual management requirements: The building,roof shingles,generator and appurtenances is required to be painted colors approved in advance. Contact the Visual Resource Management Coordinator. 9. Cultural Resources: The National Historic Preservation Act(NHPA)requires that if newly discovered cultural resources are identified during project implementation,work in that area must stop and the agency Authorized Officer notified immediately(36 CFR 800.13). The Native American Graves Protection and Repatriation Act (NAGPRA),requires that if inadvertent discovery of Native American Remains or Objects occurs, activity must cease in the area of discovery,a reasonable effort made to protect the item(s)discovered, and immediate notice made to the BLM Authorized Officer,as well as the appropriate Native American group(s) (IV.C.2). Notice may be followed by a 30-day delay(NAGPRA Section 3(d)). Further actions also require compliance under the provisions of NHPA and the Archaeological Resource Protection Act. 10. Noxious and Invasive Plant Species Stipulation: The applicant will monitor the project area for the presence of any noxious weeds and will be responsible for promptly controlling any noxious weeds on the Colorado Page 6 of 11 • State List A or B (except redstem filaree)within the right-of-way. If the applicant chooses to use herbicides as the control method on public lands,a Pesticide Use Proposal shall be submitted to the BLM and approved prior to initiating any herbicide spraying. 11. The holder shall monitor the ROW for.the presence of noxious weeds annually during the'`growing • season (or as frequently as the Authorized Officer determines) for the life of the perm it. After consulting with the authorized officer, the holder shall promptly treat arid control any State-listed noxious weeds which have resulted from the holder's construction, operation, maintenance or use of the ROW. If chemical control is necessary, use of pesticides shall comply with the applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer written approval of a Pesticide Use Proposal (PUP) showing the type and quantity of material to be used, the weed (s) to be controlled, method of application, and any other information deemed necessary by the authorized officer. Emergency use of herbicides shall be approved in writing by the authorized officer prior to such use. 12. The holder shall comply with the Toxic Substances Control Act of 1976, as amended(15 U.S.C.2601 et seq.), with regard toany toxic substances that are used, generated by or stored on the right-of-way. Additionally, any release of toxic substances (leaks, spills, 'etc.) 'in excess :of reportable quantity established by 40 CFR, Part 117 shall be'reported as required by the Comprehensive Environmental ;Response, Compensation and Liability Act of 1980, Section 102b. "A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. 13. It is the Lessee's responsibility to coordinate with all other rights-of-way holders and adjacent landowners to make sure any conflicts are resolved. 14. The holder shall at all times comply with the appropriate FCC operating standards and regulations. - - 15. This Grant shall not be assignable without written permission of the authorized officer. 16. Fuels Treatment Plan UPP P 1ENYER/R .=°a q S I NTE RAGENCXFIRE AGEMENE iE NI NPS Colorado National Monument �+ ,: ', y:;,;<c=' BLM Grand Junction and Glenwood Springs USFS White River and Grand Mesa National Forests Subject: Crown Communication Site, To truly protect this critical infrastructure form a wildfire the proposed 50 ft. clearing of brush would be inadequate.Here are some thoughts on providing mitigation for wildfire to the site. I have completed a couple of fire behavior runs with existing fuels on the site and with fuels altered after a treatment. The runs predict a drastic moderation In flame lengths and rates of spread after a treatment such as the type below. North side of tower Remove Gamble Oak and other mountain shrub species directly adjacent to building. Page 7 of 11 o Remove 50-75%of brush in a mosaic pattern that mimics natural "clumps"of brush as well as possible. © Remove ladder fuels (limbs and branches) on conifer trees to a height of 8 feet. This side drops off steep rapidly so use best judgment on depth of treatment(approx. 150 feet to tree line). North West side of tower o There is a small somewhat level bench on this aspect. o . Remove 50—75% of brush in a mosaic pattern. South Side of Tower ® This aspect is steep and has solid and continuous fuels from mid slope to the tower site. o Remove 50-75%of brush in a mosaic pattern that mimics natural"clumps"of brush as well as possible. o Clearing should be completed to a depth of 250-300 feet from base of tower building All cut material shall be removed from site. I have attached the fire behavior runs that I completed so you can see the change in intensity and behavior pre and post treatment. These models were computed using inputs that represent a"hot":fire. Completing a treatment of this type is not a guarantee for damage prevention due to a wildfire; however it provides a good defensible space and lets the building be mostly"stand alone" in the event of a wildfire. If you have any questions please feel free to contact me. Ody Anderson Fuels Specialist UCRlGlenwood Springs Field Office Crown Comm Site Fire Behavior Results Existing fuels (before treatment): Page 8 of 11 • • BehavePlus 3.0.2 Thu,May 07,2009 at 09:03:30 Page 1 Modules:SURFACE • Description -1 11Crorm Comm Site FM 4 hot FueilVegetatiou,Surface/Understory • Fuel Mo del M 14 Fuel Moisture • 1-h Moisture % 4 • 10-h Moisture % ig6 • 100-h Moisture - % '1M a • Live Herbaceous Moisture % """ '4" `""•`°'°�' Live Woody Moisture % 1125 Weather Adidflame Wind Speed(upslope) mi/h 1g • Terrain Slope Steepness % 1100 Run Option Notes • Calculations are only for the direction of maximum spread[SDRFACE]. . •. Fireline intensity,flame length,and spread distance are always • for the direction of the spread calculations[SURFACE]. • Wind is blowing upslope[SURFACE]. Output Variables Surface Rate of Spread(maximum) (chlh) [SURFACE] Flame Length (ft) [SURFACE] • Notes This is a high intinsity fire behavior run in the existing fuels.The ROS(rate of spread)and Flame • length are extremly high Fuel Modelo is a dry climate chapperal fuel with high loading. • rim BehavePlus 3.0.2 Thu,May 07,2009 at 09:03:30 Page 2 • / 1 Crown Comm Site FM 4 hot Surface Rate of Spread(maximum) 238.6 chlh Flame Length 33,9 ft • • Page 9 of 11 • • Altered Fuels(after treatment): tzm BehavePlus 3.0.2 Thu,May 07,2009 at 09:09:24 Page 1 Modules: SURFACE Description !Crown Comm Site FM 'SH2} hot Fuel/Vegetation, Surface/Understory • Fuel Model 1sh2 Fuel Moisture 1-h Moisture % r 14 10-h Moisture % fIg Ib 100-h Moisture % e Live Herbaceous Moisture /o i.�,,��;�„ taWitita�..�;,:{„ NS Live Woody Moisture % E41125 • Weather Midflame Wind Speed(up slope) milk la Terrain Slope Steepness %o h 11.00 • Run Option Notes Calculations are only for the direction of maximum spread[SURFACE]. • Fireline intensity,flame length,and spread distance are always • for the direction of the spread calculations[SURFACE]. Wind is blowing up slope[SURFACE]. Output Variables Surface Rate of Spread(maximum) (ch/h) [SURFACE] Flame Length (ft) [SURFACE] Notes This is a high intinsity fire behavior run inaltered fuel after treatment.The ROS(rate of spread)and Flame length are moderated to an acceptable level Fuel Model sh2 is a dry climate shrub with moderate loading. • Page 10 of 11 l BehavePlus 3.0.2 Thu,May 07,2009 at 08:41:28 Page 2 r Cro s71 Comm Site hot Surface Rate of Spread(maximum) 6•4 chill Flame Length 2.7 ft • ACCEPTED this l - day of 61211^4.-- ,2009,I,the undersigned have read,understand and accept the terms and conditions of this lease. - - - User Note:.If a corporation is the Lessee,the title of the duly authorized official signing on behalf of the corporation should be added to the signature block. • IN WITNESS WHEREOF,the Bureau of Land Management,by its Authorized Officer,has executed this lease on the day and.year • first written above. UNITED STATES OF AMERICA r,1-0-1 - ./OL-1441-010& . i (Signature of Holder) 5✓Fie'. ana l er 2/Ye C -P41746-' - p �a I t (Ti le) (Date) (Date) APPROVED AS TO FORM: — 41/010( k( 6 */' • John Ely. sunty At e ey m,ohnel ill , 6wsle7i joez- CN-4112 MANAGER APPROVAL• Page 11 of 11 :.41.......7 . Jon Peacock, County Manager • • ATTACHMENT D • RECEPTION#:559231, 05122/2009 at • • 08:57:49 AM, • • 1 OF 22, R $0.00 Doc Code EASEMENT Janice K.Vos Caudill,Pitkin County,CO • • ACCESS EASEMENT • AND IMPROVEMENT AND MAL 1TENANCE AGREEMENT • This Access Easement and Improvement ,and enance Agreement (this "Agreement") is made and entered into as of theme cray of u , 2009, by and between the PITKIN COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS ("PITKJN COUNTY"), THE STONE ROAD ASSOCIATION (the "ASSOCIATION"), a Colorado • nonprofit corporation, and each of the undersigned owners (the "OWNERS")of Lots within the • West Sopris Ranch Subdivision, Pitkin County, Colorado as each such Lot is described in the signature page of the respective Owner,attached hereto. WITNESSETH: WHEREAS, the Owners are the several owners of individual Lots located.on real property known as the West Sopris Ranch Subdivision (the "Subdivision"), Pitkin County, • Colorado. • WHEREAS, Stone Road provides access from each of the Lots to West Sopris Creek • Road,a county road owned and maintained by Pitkin County;and • WHEREAS, as used herein, "Stone Road" includes that portion "Skoolcum Lane" as it provides access to improvements located on Lots 3, 4 and 6, West Sopris Ranch Subdivision; and • WHEREAS, improvement,maintenance,preservation,repair, operation of and insurance for Stone Road has been delegated to the Association by the Owners as described and defined in that certain Declaration of Protective Covenants for The Stone Road Association (the "Declaration"),which Declaration was recorded in the real property records of Pitkin County on August 15, 1995,in Book 790 at Page 723;and WHEREAS, Pitkin County leases and maintains a telecommunications site on real property located above the Subdivision, which site is known as the Crown Mountain Communications Facility (the "Communications Facility"), which Communications Facility is • described in Exhibit A, attached hereto;and WHEREAS, Pitkin County wishes to utilize Stone Road through the individual Lots as the primary access and only easement and access route to and from the Communications Facility through the West Sopris Creek Subdivision;and • WHEREAS, the Association and the Owners are willing to grant Pitkin County an • easement on and over Stone Road through the Lots for the purpose of accessing the Communications Site according to the terms and conditions set forth herein. NOW, THEREFORE, for the mutual promises made herein, the receipt and sufficiency of which is hereby acknowledged,it is agreed between the parties as follows: 1. Acknowlednement of Existing Easement. By their signature hereon, each of the undersigned Owners acknowledges the existence of an easement on and over Stone Road as it exists on each such Owner's Lot in favor of each of the other Owners for the purpose of ingress to and egress from the Lot of each such other Owner to West Sopris Creek Road or lands of the United States administered by the Bureau of Land Management. Further, each of the undersigned Owners acknowledges their membership in The Stone Road Association and the existence of the Declaration as a burden and benefit to the Lot of each such Owner. 2. Grant of Easement. • (a) Subject to the other provisions of this Agreement, each Owner and the Association hereby grant and convey to Pitkin County and its permitted designees, as defined in Section 3,below, a non-exclusive perpetual easement for access over and across Stone Road as it exists on the Lot 'of each such Owner for the purpose of providing access to and from the Communications Facility(which shall be referred to herein as the"Easement"). The intensity of Pitkin County's use of the Easement granted herein shah be.limited to the usage which took place by Pitkin County in the summer of 2008, plus two additional lessees or users. As used- herein, "intensity of use" means, in connection with access to and from the Communications Facility for any particular period of time, the number of round trips made by motor vehicles which take place on Stone Road, the weight of each vehicle using Stone Road, the days of the week and time of day in which each such trip occurs. For purposes of administering this • • Agreement, the number of individual antennae, third party users and associated equipment located within the Communications Facility may be used as an approximation of the intensity of Pitkin County's use of the Easement. The Association may authorize an increase in the intensity of Pitkin County's use of'the Easement under terms and conditions imposed by the Association in its sole and absolute discretion. In addition to the use of the Easement permitted above,Pitkin County shall be allowed to use the Easement during the spring and summer of 2009 for constructionof improvements within the Communications Facility, subject to reasonable regulations of the Association related to time of use, number and size of construction vehicles, noise limitation,dust suppression and other similar concerns as determined by the Association in its sole reasonable discretion. (b) The Easement granted above shall be subject to: (i) any and all existing road, driveway, utility, water, sewer, telephone, cable, electric, gas, irrigation systems, ditches and laterals, and similar easements; (ii) improvements and landscaping in place or to be constructed in the future; provided however, that any such easements granted or improvements constructed after the date of this Agreement shall not unreasonably and materially adversely affect the use of the Easement, and subject to all patent or latent defects, and any adverse legal, practical or • physical conditions,of any kind or nature. (c) Pitkin County's or any Permitted Designee's placement of signs, the storage of dumpsters and toilets, or the staging of materials is prohibited in the Easement. Vehicles or machinery parked or stored in violation of this Agreement shall be subject to immediate removal by the Association, without notice, and Pitkin County shall pay the costs of towing or removal and storage of such vehicles and machinery. Pitkin County shall pay the cost of repairing damage to the road or shoulder of the Easement caused by use of the Easement by Pitkin County Access Easement and Improvement and Maintenance Agreement • Page 2 or any Permitted Designee and shall promptly repair, restore, revegetate and regrade, as necessary, any portions of the Easement damaged by such use, including any affected landscaping and any other surface improvements, to the condition, topography and grade that existed prior to the damage. All traffic utilizing the Easement shall adhere to posted speed limits. Pitkin County and all Permitted Designees shall adhere to all Pitkin County requirements for fugitive dust control and shall carry out proper and efficient dust control measures whenever necessary in order to minimize damage to the Easement and nuisance to the Owners. Pitkin County and all Permitted Designees shall comply with Pitkin County noise ordinances. • (d) No parking, storage or staging of vehicles,trailers or other personal property shall be allowed within the Easement or on the property of any Owner or of the Association. 3. Permitted Designees. Within thirty(30) days of the execution of this Agreement by Pitkin County,Pitkin County shall provide the Association the name,address and emergency and non-emergency contact information for each of the persons or entities who have a right to.utilize ._ the Communications Facility (who shall each be referred to herein as a "Permitted Designee"; the information required by this sentence shall be referred to herein as the "List of Permitted -: - Designees"). Only persons having a legitimate need to use the Easement for the purpose of ingress to and egress from Communications Facility may be Permitted Designees. Within thirty (30) days prior to April 1, July 1, October 1 and January 1 of each year, Pitkin County shall • notify the Association of any changes in the List of Permitted Designees. 4. Maintenance and Other Obligations Associated with the Easement. (a) At its sole cost and expense, Pitkin County shall grade Stone Road (including Skoolcum Lane) from West Sopris Creek Road through the Subdivision and onto the lands of the • United States to the Communications Site no less than once each year between the months of September and December, inclusive. Except for grading of Stone Road within Lot 13, West Sopris Ranch Subdivision (the`Bennett Property"), grading of Stone Road shall conform to the standards identified in Section 3 of the Declaration. In the case of grading of Stone Road on the Bennett Property,Pitkin County shall, at a minimum,maintain the quality of grading which has • historically been provided by the Owner of the Bennett Property. (b) The Declaration is hereby modified and amended to provide that Pitkin County shall be obligated to pay a pro rata share of the assessments and special assessments imposed by the Board of Managers of the Association as described in Article 3 of the Declaration, and that Piticin County shall be subject to the Association's enforcement powers as described in Articles 3 and 4 of the Declaration. Pitkin County shall be liable for one-twelfth(1112th) of the assessments and special assessments which may be levied by the Board of Managers. Pitkin County's liability for payment of assessments and special assessments shall commence with calendar year 2008. PITKIN COUNTY SHALL NOT BE A MEMBER OF THE ASSOCIATION AND SHALL NOT HAVE A VOTE IN THE AFFAIRS OF THE ASSOCIATION OR OF THE BOARD OF MANAGERS. Pitkin County agrees and acknowledges that it shall be liable for payment of assessments and special assessments levied for any item of expense of the Association, including, without limitation, those arising from maintaining, improving, repairing and plowing of Stone Road, insurance, accounting and legal functions of the Association, • Access Easement and'Improvement and Maintenance Agreement Page 3 contingency and reserve funds for maintenance and improvement of Stone Road and other anticipated costs and expenses of the Association. "Improving" of Stone Road may include paving or applying another surface to all or any portion of the road surface, as the Board of Manager may determine, in its sole and absolute discretion. It shall not be a defense to the payment of any assessment due from Pitkin County that the expenses paid or proposed to be paid by the'Association disproportionately benefit Members of the Association. The Association and its Board of Managers shall carry out their obligations under the Declaration and this Subsection (b) in good faith. (c) Pitkin County may be required to pay an increased allocation of the expenses of the Association in the event it wishes to increase the intensity of its use of the Easement.In such case, the Board of Managers shall be authorized to increase Pitkin County's allocation of the expenses of the Association'as the Association's Board of Managers determines in its sole • reasonable discretion. 5. Enforcement of Pitkin Countv's Obligations. In addition to the enforcement powers established in Articles 3 and 4 of the Declaration,the Board of Managers shall have the right,but not the obligation,to suspend the rights of Pitkin County and any Permitted Designee to use the Easement granted herein in the event of any material default of Pitkin County to pay any assessment or special assessment levied by the Board of Managers under the Declaration or to otherwise comply with the teens of the Declaration or this Agreement including, without limitation, Pitkin County's obligation to grade Stone Road as required in Section 4(a), above. No such suspension shall be imposed against Pitkin County or any Permitted Designee until 30 • days following the date notice is provided to Pitkin County of the existence of a material default. In addition to any other remedy available to the Association or the Owners in the event Pitkin County fails to grade Stone Road in any year as required by Section 4(a), above, Pitkin County shall be liable to the Association for liquidated damages of $15,000, which is the currently estimated cost of the Association to find a replacement provider of grading services for Stone Road during the winter months. The $15,000 "liquidated damages" sum described in the preceding sentence shall be increased on an annual basis using the Consumer Price Index Urban Consumers(CPI-U) as published by the United States Bureau of Labor Statistics(the"BLS"), or the replacement for said index if the CPI-U is no longer published by the BLS. In calculating the increase in the "liquidated damages" sum, $15,000 shall be multiplied by the quotient of the most recent CPI-U available at the time of calculation divided by the CPI-U published for the month in which this Agreement was executed by the party who last signed this Agreement. 6. Tiisurance. Pitkin County shall maintain property and liability insurance with respect to the Easement granted herein covering all insurable improvements in such amounts as the Association may reasonably require from time to time, including, without limitation, a comprehensive policy of commercial general liability insurance covering the Easement in an amount not less than Two Million Dollars ($2,000,000 Each Occurrence/Aggregate) covering bodily injury, including death to persons, personal injury and property damage liability arising out of a single occurrence. Such coverage shall include, without limitation, legal liability of the insureds for property damage, bodily injuries and deaths of persons in connection with the • operation, maintenance or use of the Easement. If permitted by law,Pitkin County shall use its best efforts to cause its insurance policies to provide that the insurance company waives all right Access Easement and Improvement and Maintenance Agreement Page 4 • of recovery by way of subrogation against the Association and the Owners in connection with any claim covered by any policy. Each such policy shall name the Association and each of the Owners as additional insureds and shall be non-cancellable without at least 30-days notice. No less than once each year Pitkin County shall provide the Association certificates of insurance from the insurors (s) which demonstrate Pitkin County has complied with the terms of this Section 6. Pitkin County shall require each of its subtenants in the Communications Parcel to maintain the insurance required of Pitkin County under this Section 6, to name the Association and each of the Owners as additional insureds under each such insurance policy,Svhich policies shall be non-cancellable without at least 30-days notice, and to provide a certificate of insurance from the insuror(s)to the Association which demonstrates compliance with this provision no less often than once per year. .7. Notices. Any notices required or permitted to be sent pursuant to this Agreement shall be in writing and shall be deemed served, given, delivered and received upon the earlier of (a) when personally received by the party to whom it is addressed; or (b) three (3) business days after being deposited with the United States Postal Service, registered or certified mail, return receipt-=requested; or (c) one business day after being deposited with a commercial overnight courier for overnight delivery with all required charges prepaid. All notices sent pursuant to clause(b) or(c) above shall be addressed to the party to be served at the appropriate address, as set forth below. Any Party may change its address for the purpose of this Section by giving written notice of such change to all other Party in the manner provided for in this Section. To the Association: Stone Road Association,Inc. P.O.Box 2017 Basalt,Colorado 81621 With a copy to: Chad Schmit,Esq. Garfield and Hecht,P.C. 601 E.Hyman Avenue Aspen,Colorado 81611 To Pitkin County: . Piticin County Attorney Attn:John Ely,Esq. 530 E.Main Street,Third Floor Aspen,Colorado 81611 8. Miscellaneous. (a) Notice of Default, Right to Cure. Except in the event of an emergency, in the event of any default under the provisions of this Agreement,the non-defaulting party shall,prior to the exercise of any right or remedy, give the party alleged to be in default written notice of such default together with the right for a period of thirty(30)days after receipt of such notice(or such longer period as is reasonably necessary due to season and/or weather conditions)to cure said default. If the default is not cured within the time provided or any extension thereof, the non- defaulting party shall then and thereafter be free to pursue any right or remedy allowed by this Agreement or otherwise by law. , Access Easement and Improvement and Maintenance Agreement Page 5 • (b) Remedies. Any party shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Agreement. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Agreement, the prevailing party shall be entitled to reimbursement of its costs and expenses,including reasonable attorneys'fees,in connection therewith. (c) No Waiver. The failure of any party to insist upon the strict performance of any provisions of this Agreement or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision. (d) Amendments in Writing. This Agreement may not be amended,nor may any rights hereunder be waived, except by an instrument in writing executed by the parties hereto and duly recorded in the real.property records of Pitkin County,Colorado. -(e) Attorney Fees. 'In the event of any action for breach of,to enforce the provisions of, or otherwise involving this Agreement, the court in such action shall award a reasonable sum for attorneys' fees, costs and expenses to the party who, in light of the issues litigated and the court's decision on those issues, was the substantively prevailing parting in the action. . (f) Colorado Law. The interpretation, enforcement or any other matters relative to this Agreement shall be construed and determined in accordance with the laws of the State of Colorado. (g) Run With the Land. The provisions of this Agreement, including the benefits and burdens created thereby, shall run with the land and shall burden and benefit the Communications Facility and each of the Lots. As such,the provisions of this Agreement shall inure to the benefit of and be binding upon the parties and any and all heirs or successors-in- interest to Piticin County.and each of the Owners. Notwithstanding the preceding, in the event Pitkin County alienates or otherwise divests itself of its right to use the Communications Facility, this Agreement shall terminate and be of no further force and effect, except that any such termination shall not reduce or eliminate any monetary obligation of Pitkin County which existed prior to said termination or Pitkin County's obligation to grade Stone Road one time between the months of September and December, inclusive, during the year in which this Agreement is terminated pursuant to this Section 8(f). (h) Recordation. This Agreement, and any supplements or amendments thereto, shall be recorded in the real property records of the County of Pitkin, State of Colorado, as affecting the Communications Parcel and each of the Lots. • (i) Correction Documents. In the event any clerical or other errors are found in this Agreement or any legal descriptions or other exhibits hereto, or in the event any exhibit shall be missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary any documentation in order to correct the erroneous document, description, or exhibit or to provide any missing exhibit. • Access Easement and Improvement and Maintenance Agreement Page 6 • (j) Counterparts and Facsimile Signature. This Agreement may be executed in multiple counterparts each of which shall constitute an original but all of which when taken together shall constitute one and the same document. The parties hereby agree that this Agreement maybe offered and/or accepted by facsimile communication and that delivery of facsimile signatures shall be deemed the same as delivery of original signatures. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} . • Access Easement and Improvement and Maintenance Agreement Page 7 • • IN WITNESS WHEREOF,the pariies have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date first set forth above. OWNERS OF LOTS 3 AND 4 David Bork Susan Manchee STATE OF t1 Ct ) )ss. • COUNTY OF r••••Tvw ) The foregoing instrument was acknowledged before me this 4 7 day of 2009 by Da ' ork and Susan Manchee. S7•M' r PAUL MERCHAIN WITNESS my hand and official seal. QCOMM.#1795980 0 set77 SANTAA CLAR•CAUFO TIIIY 0 My commission expires: q.-26i'Z 3 ti+ '- coM�.EXPIRES APRa 10,2012 •- Notary Public LEGAL DESCRIPTION OF LOTS 3 AND 4: Lot3 A parcel of land situated in the W '/z of Section 22 and the N %2 of the NW 1/4 of Section 27, Township 8 South,Range 87 West of the 6'P.M.,more particularly described as follows: Beginning at the Southwest Corner of said Section 22;thence N 0°59'02"E 484.40 feet;thence S 88°57'06"E 655.00 feet to the True Point of Beginning;thence S 0°59'12"W 767.06 feet; thence S 88°34'25"E 1978.52 feet;thence N 0°02'31"E 292.03 feet to the S corner of said Section 22;thence continuing N 1°02"31"E 488.08 feet;thence N 88°57'06"W 197.22 feet to the True Point of Beginning. Lot 4 A PARCEL OF LAND SITUATED IN THE WEST HALF OF SECTION 22 AND THE NORTH HALF OF THE NORTHWEST 1%AND LOT 1 OF SECTION 27,TOWNSHIP 8 • SOUTH,RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN,MORE PATICUALLRY • DESCRIBED AS FOLLOWS:BEGINNING AT THE SW CORNER OF SAID SECTION 22, BEING THE TRUE POINT OF BEGINNING. THENCE N 0 DEGREES 59'02"EAST 484.40 FEET,THENCE SOUTH 88 DEGREES 57'06"EAST 655.00 FEET,THENCE SOUTH 0 DEGREES 59'12"WEST 2460.06 FEET,THENCE SOUTH 89 DEGREES 54'56"WEST 655.00 FEET;THENCE NORTH Q DEGREES 59'02"EAST 1988.61 FEET TO THE POINT OF BEGINNING. • • • • • • ALL PURPOSE GALTFORNIA ACKNOWLEDGEMENT • STATE OF: CALIFORNIA • • • • COUNTY OF: Sia a ceC. • _17;z6_17;z6.0/7: o9 before me, .1` A�.L tRr� t...1 Notary Public, • personally appeared ...SUt,flt-i Ky. • • who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are • subscribed to the within instrument and acknowledged to Me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his her/their signature(s) on the instrument the person(s)•or the entity upon behalf of which the person(s) acted,executed the Instrument.•I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. •• • n h n WITNESS m hand and official seal PAUL MERCHAIN 3 y _ • Q. • COMM.• t-1795980 • �rNOiARY PUBIIC CALIFORIIIA • • 2 �,. i SANTA UCNRA NATY Signature i't�,�� d y7 COMM,EXPIRES APRIL 20.2012 k • • • (SEAL) ATTENTION NOTARY: Through.the informatidn requested below is OPTIONAL, it could prevent . :. fraudulent attachment of this certificate to another document. - • • THIS CERTIFICATE MUST BE ATTACHED TO, .Title of Document Type h g_5 EA N l r 3 49 THE DOCUMENT DESCRIBED AT RIGHT • Number of Pages 7 Date of-Document ; r7i2r t • Signer(s)Other Than Named Above • IN WITNESS WHEREOF,the parties have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date first set forth above. dl 'R5OF LOTS - AND 4 4 ,� rim), D=vid Bork Susan Manchee 3Q 41,1720 ST TE OF GJ(2 r r,�� ) "4?; N._ 4/ ' '9j . ss. , 1.58. .COUNTY OF ,IP. ) • 3 ' :O }} . 9. •• • The foregoing instrument was acknowledged before me this 21 day of �'��,t�'•. ••• 2009 by David Bork and Susan Manchee. \ !18(1 7 WITNESS my hand and official seal. My commission expires: Z4c-7 Notary Public LEGAL DESCRIPTION OF LOTS 3 AND 4: Lot3 A parcel of land situated in the W %2 of Section 22 and the N '/2 of the NW 1/" of Section 27, Township 8 South,•Range 87 West of the 6th P.M.,more particularly described as follows: Beginning at the Southwest Comer of said Section 22;thence N 0°59'02"E 484.40 feet;thence S 88°57'06"E 655.00 feet to the True Point of Beginning;thence S 0°59'12"W 767.06 feet; thence S 88°34'25"E 1978.52 feet;thence N 0°02'31"E 292.03 feet to the S corner of said Section 22;thence continuing N 1°02"31"E 488.08 feet;thence N 88°57'06"W 197.22 feet to the True Point of Beginning. . Lot4 A PARCEL OF LAND SITUATED IN THE WEST HALF OF SECTION 22 AND THE NORTH HALF OF'1'tib NORTHWEST%AND LOT 1 OF SECTION 27,TOWNSHIP 8 SOUTH,RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN,MORE PATICUALLRY DESCRIBED AS FOLLOWS:BEGINNING AT THE SW CORNER OF SAID SECTION 22, BEING THE TRUE POINT OF BEGINNING.THENCE N 0 DEGREES 59'02"EAST 484.40 FEET,THENCE SOUTH 88 DEGREES 57'06"EAST 655.00 FEET,THENCE SOUTH 0 DEGREES 59'12"WEST 2460.06 FFET,THENCE SOUTH 89 DEGREES 54'56"WEST 655.00 FEET,THENCE NORTH 0 DEGREES 59'02"EAST 1988.61 FEET TO THE POINT OF BEGINNING. IN WITNESS WHEREOF, the parties have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date first set forth above. • YNERSO1LO� Irr .11M111-1.1 mill am I.Bernste STATE OF .�p, f D,fl, ) ) ss. COUNTY OF _ �, ) The foregoing instrument was acknowledged before me this day of OA 2009 by William I. Bernstein. Agecik, LISA s.PETERSEN zkl ";* MY COMMISSION#OD 714944 • WITNESS my hand and official seal. '���: EXPIRES:January 14,2012 _ %gyp;- .. Bonded ThruNotary Palo Uodenv ters My commission expires:% i.Y4D/.1_,) ar `J ;{ " Notary 'ublic �1 LEGAL DESCRIPTION OF LOT 5: A PARCEL OF LAND SITUATED IN THE WEST '/2 OF SECTION 22, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRICIPAL MERIDIAN, MORE PARTICULARLY DECSCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 22: THENCE S 20°35'02"E 3750.81 FEET TO THE POINT OF BEGINNING. THENCE S 89°55'03"E 1317.12 FEET; THENCE S 00°01'14"W 1282.98 FEET; THENCE N 89°57'04"W 1316.84 FEET; • THENCE N 00°00'29"E 1283.76 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 38.800 ACRES,MORE OF LESS. IN WITNESS WHEREOF, the parties have executed this Access Easement. and Improvement and Maintenance Agreement to be effective as of the date first set forth above. O A .9' it S OF LOT 7 7 IVlr _ �,� : Fredrick illiam Grove Paula Joyce Grover STATE OF P 4 ) RI(- `/ ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of }-Pe-IL 2009 by Fredrick William Grover and Paula Joyce Grover. WITNESS my hand and official seal. - • My commission expires: ��� f, 0 sr Notary Public LEGAL DESCRIPTION OF LOT 7: . • A parcel of land situated in the W '/z of section 22, T. 8 S., R 87 W of the 6th P.M. more particularly described as follows: Beginning at the N.W. corner of the said section 22 thence S 00° 59'02"W 2340 feet,thence S 88° 54'42"E 1318.55 feet to the True Point of the Beginning, thence S 01° 00'46"W 1170.0 feet,thence S 88° 54'42"E 1317.76 feet, thence N 01° 02'31"E 1170.00 feet thence N 88° 54'42" W 1318.55 feet to the True Point of Beginning, containing 35.4 acres more or less. ,I,Ii11111/11/1/1 1=�' Q `'1COMMONWEALTH OF PENNSYLVANIA /1.54:;:t.,...600 1• j, 0 N°larialSeai �' 1y, Deborah Albright Notary Public • _ S ='' Ctty of Pittsburgh,Allegheny County t'01 : Ex ! ' My Commission Ores Jan.15,2013 -a`io%r ' '�' `'� Member,Pennsylvania Association of Notaries • Access Easement and Improvement and Maintenance Agreement Page 11 • IN WITNESS WHEREOF, the parties have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date first set forth above. O SOF LOT 8 �� hir ., S_ Thomas G.Morrison Christine S.Blish • STATE OF ) ) ss. COUNTY OF ) • The foregoing instrument was acknowledged before me this l-rday of 4-#. 2,o6 2009 by Thomas G.Morrison and Christine S.Blish. WITNESS my hand and fficial seal. �.�0���.� -1,),�� AiaFlydahis r''�.�;rn .� 1`1otary r'ublc - •':`J 1`l /� My commi Ee Bisfri y ctoICofu (� mbn Notary Pu •c y ••�'ry. .-:1!�•�"��. :' LEGAL DESCRIPTION OF LOT 8: . ;19:4;,?-11- .•etl. 0 A parcel land situated in the W 1/2 of Section 22, T8S, R87W of the 6th P.M. more pa'-2.1 _:' ar1y • described as follows: Beginning at the NW Corner of said Section 22, Thence S 00°59'02"W.2,340.10 feet,to the Point of True Beginning, Thence S 88°54'42"E 1318.35 feet, Thence S 1°00'46"W 1170.00 feet, Thence N 88°54'42"W 1317.76 feet, Thence N 00°59'02"E 1170.00 feet to the Point of True Beginning. • • Access Easement and Improvement and Maintenance Agreement Page 12 IN WITNESS WHEREOF, the parties have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date fust set forth above. OWNERS OF LOT 9 Margot Bo"user �,'���°�0 • %':� t�� o STATE OFOP-) ) � ,?�;:p ss. �i1 S�.•pt ,.0 COUNTY OF , /L i ) '040T E =' The foregoing instrument was acknowledged before me this 2 day of 4p4../-1( 2009 by Margot Bottcher. - WITNESS my hand and official seal. My commission expires: T1• My Commission Expires `'': °1-"--bliC - 09/23/2009 • LEGAL DESCRIPTION OF LOT 9: A parcel of land situated in the W 1/2 of Section 22, T. 8 S., R. 87 W. of the 6th P.M. more particularly described as follows: , Beginning at the NW corner of said Section 22, thence S. 0 degrees 59 minutes 02 seconds W. 1,170.10 feet, thence S 88 degrees 54 minutes 42 seconds E 1,318.94 feet the True Point of Beginning, Thence S. 1 degree 00 minutes and 46 seconds W. 1,170.00 feet, thence S. 88 degrees 54 minutes 42 seconds E 1,318.35 feet, thence N 1 degree 02 minutes 31 seconds E. 1,170.00 feet,thence N 88 degrees 54 minutes 42 seconds W 1,318.95 feet to the True Point of Beginning. • • • Access Easement and Improvement and Maintenance Agreement Page 13 IN WITNESS WHEREOF, the parties have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date first set forth above. OWNERS OF LOT 10 rxeee eorge1ller • • STATE OF 49, ) )ss. COUNTY OF/26,t14/c, ) The foregoing instrument was acknowledged before me this g"42 day of6 /jl <cr�I eorge Miller. �'C•;....•..!-�1, •� F•7 SS my hand and official seal. SASHA LYN: ' SEfiMPLE ' 4�r �, ;ommission expires: • r C',= otary Public Can+nission Expires 0711812012 LEGAL DESCRIPTION OF LOT 10: A parcel of land situated in the West'/2 of Section 22,Township 8 South,Range 87 West of the Sixth Principal Meridian,more particularly described as follows: Beginning at the NW corner of said Section 22,thence S 0°59'02"W 1170.10 feet to the True Point of Beginning, - • Thence S 88°54'42"E 1318.94 feet, Thence S 1°00'46"W 1170.00 feet, Thence N 88°54'42"W 1318.35 feet, • Thence 0°59'02"E 1170.00 feet to the True Point of Beginning. • Access Easement and Improvement and Maintenance Agreement Page 14 • IN WITNESS WHEREOF, the parties have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the east set forth above. OWNERS OF LC.2T 11,,.7 ' • /;,/, ;6//7,7,j/(1//1 Dou asL i inga e&cca A.1 Ginger STATE OF(2/2GG213dC, . )ss. COUNTY OF P/1-14;,/j ) The foregoing instrument was acknowledged before me this "--)3 day of / /Y i L 2009 by Douglas W.Leibinger and Rebecca A.Leibin:.er,,,,,, WITNESS my hand and official seal. •` a<.0 My commission expires: L(/ii f 13 ;: , s; ' 111 t$ J�Trcl LEGAL DESCRIPTION OF LOT 11: My Commission Expires if/1i�� PARCEL 11, WEST SOPRIS RANCH AKA A PARCEL OF LAND SITUATED IN THE WEST 'A OF SECTION 22, TOWNSHIP 8 SOUTH, NORTH 87 WEST OF THE 6TH P.M., MORE PARTICUALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 22, THENCE SOUTH 88 DEGREES 53' 16"EAST 1319.54 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 1 DEGREES 00' 46" WEST 1169.50 FEET, THENCE SOUTH 88 DEGREES 54' 42" EAST 1318.95 FEET, THENCE NORTH 1 DEGREES 02' 31" EAST 1169.00 FEET TO THE TRUE POINT OF BEGINNING. Access Easement and Improvement and Maintenance Agreement Page 15 IN WITNESS WHEREOF, the parties have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date first set forth above. OWN RSO L011 i '74 Thomas S. Cavill Jenifer L.Cavil STATE OF ) )ss. COUNTY OF I U InI� � ') The foregoing instrument was acknowledged before me this—) day of 2009 by Thomas S. Cavil and Rebecca A.Leibinger. WITN�ha�a��eaL—._......_ ycj My commission expires: 4 cX Amex �z�,�►/'•�' REFcf :R SEIP *, r y t3 :grateofOhio j y �`'�,,.,ic ,-::u�" My!vG111ii1�o3fl�I E�(piies LEGAL DESCRIPTION OF LOT 11: ,-+. August 3,2413 PARCEL 11, WEST SOPRIS RANCH AKA A P• O a AND SITUATED IN THE WEST '/2 OF SECTION 22, TOWNSHIP 8 SOUTH, NORTH 87 WEST OF THE 6TH P.M., MORE PARTICUALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 22, THENCE SOUTH 88 DEGREES 53' 16 EAST 1319.54 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 1 DEGREES 00' 46" WEST 1169.50 FEET, THENCE SOUTH 88 DEGREES 54' 42" EAST 1318.95 FEET, THENCE NORTH 1 DEGRE 02' 31" EAST 1169.00 FFF,T TO THE TRUE POINT OF BEGINNING. • • Access Easement and Improvement and Maintenance Agreement Page 16 • • IN WITNESS WHEREOF, the parties have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date first set forth above. OWNERS OF LOT 11 /43 Nicholas J.Piediscalzi STATE OF ) ss. COUNTY OF&ri/fpZC/,5(c ) The foregoing instrument was acknowledged before me this 2f14day of A2V'+ L • 2009 by Nicholas J.Piediscalzi _. .. r6"1- k.ACHRISiINB YOUNG ti ,Commission #1747912 WITNESS my hand and official seal. a 'r �. NotaryPublic California x2 • x ,_. f? San Francisco County NyCorrrrLF ussMay28,2011 My commission expires: -- Mot 7.1(gaol/• %,"/ Notary P b • LEGAL DESCRIPTION OF LOT 11: PARCEL 11, WEST SOPRIS RANCH AKA A PARCEL OF LAND SITUATED IN THE WEST % OF SECTION 22, TOWNSHIP 8 SOUTH,NORTH 87 WEST OF THE 6T14 P.M., . MORE PARTICUALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 22, THENCE SOUTH 88-DEGREES 53' 16" EAST 1319.54 FEET TO THE TRUE -POINT OF BEGTNNENG, THENCE SOUTH-1 DEGREES 00' 46" WEST 1169.50 FEET, THENCE SOUTH 88 DEGREES 54' 42" EAST 1318.95 FEET, THENCE NORTH 1 DEGREE 02' 31" EAST 1169.00 FEET TO THE TRUE POINT OF BEGINNING. • • Access Easement and Improvement and Maintenance Agreement Page 17 • IN WITNESS WHEREOF, the parties have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date first set forth above. OWNERS-@PLOT 13 L. Russ- Benne STATE OF ) ) ss. COUNTY OF C/(47L-PST-5n ) The foregoing instrument was acknowledged before me this % day of r1YPTCi7/ 2009 by L. Russell Bennett. - WITNESS my hand and official seal. • My commission expires: v rL 'o iy Public LEGAL DESCRIPTION OF LOT 13: A parcel of land situated in the West 1/2 of Section 15, Township 8 South, Range 87 West of the 6th Principal Meridian,more particularly described as follows; Beginning at the SW corner of said Section 15; • Thence South 88°53'16"East 1979.31 feet to the True Point of Beginning; Thence continuing South 80°53'16"East 659.77 feet; • Thence North 00°52'07"East 2340 feet; Thence North 88°53'16" West 659.58 feet; Thence South 00°52'24" West 2340.00 feet to the True Point of Beginning, as hereinbefore described. Access Easement and Improvement and Maintenance Agreement Page 19 • IN WITNESS WHEREOF, the parties have executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date first set forth above. OWNERS a • 14 • • : '••it ews Cinthia Andrews I /eevocable Trust STATE OF0_6_1(jaadO ) COUNTY OF ..'n tss. The foregoing instrument was acknowledged before me this _,Vg. day of �1 2009 by Cinthia Andrews and Cinthia Andres Irrevocable Trust. • WITNESS my hand and official seal. My commission expires: a _ • Notary Public g LEGAL DESCRIPTION OF LOT 14: A parcel of land situated in the W%2 of Section 15 Township 8 South,Range 87 West if the Sixth Principal Meridian being more particularly described as follows: Beginning at the SW corner of said Section 15; Thence south 88°53'16"East, 1,319.54 feet to the True Point of Beginning; Thence continuing South 88°53'16"East, 659.77 feet; Thence North 00°52'24"East,2,340.00 feet; Thence North 88°53'16"West, 659.59 feet; • Thence South 00°52'40"West, 2,340.00 feet to the True Point of Beginning. • • • Access Easement and Improvement and Maintenance Agreement Page 20 IN WITNESS WHEREOF, the parties have -executed this Access Easement and Improvement and Maintenance Agreement to be effective as of the date first set forth above. THE STONE ROAD ASSOCIATION, a Colorado nonprofit corporation By: ../.«i..i -- Name:4CZ CHfra- — 1-14,"1,jet""A+Le:L1..t Title: , 4-j7a-xC'T ATTEST: Name: Title: STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) 14 +Y\ The foregoing instrument was acknowledged before me this ` +Y\day of ` Y� 2009 by¶ fl(Ci,/P Nr,,;�c}tec;,(\as (j2._{- of The Stone Road Association,a Colorado nonprofit corporation. WITNESS my hand and official seal. My commission expires: (} /3 , ,„ � � Notary Public ,�' U 4 • , F « My Commission E:T res 011/112010 • • • Access Easement and Improvement and Maintenance Agreement Page 22 • • • IN WITNESS WHEREOF, the parties have executed this Access Easement and Tmprovement and Maintenance Agreement to be effective as of the date first set forth above. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By:y Patti Kay-Clappe' Chairman • \ • rTE.T: Co ty Clerk I STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) • The foregoing instrument was acknowledged before me this / day of • 7 2009 by Patti Kay-Clapper as Chairman of the Pitkin County-Board of County Commissioners. WITNESS my hand and official seal. • My commission expires: Ja--()/a2OZ 7 A 244 ' I cjTAR ���.,,, •da �p�,blic •' • Ur; %0 • ' # CQ°°°•°,n°fir LORA sx