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HomeMy WebLinkAboutbocc.con.417.2016 CONTRACT AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,AUTHORIZING ACQUISITION OF THE SKI BUNGALOW LLC TRAIL LICENSE AGREEMENT. ORDINANCE NO.61-7 -2016 RECITALS: I. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners('BOCC")of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary. 2. Pursuant to Section 2.81 of the Home Rule Charter, the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statues as amended. 3. The Voters of Pitkin County and the Pitkin County Commissioners established an OpenSpace and Trails Fund for the purposes of preserving and providing open space and trails resources, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. 4. The Open Space and Trails Program is charged with protecting agriculture, open space, habitat,scenic view planes,water tights and river access. 5. The Ski Bungalow LLC property(the"Property")owned by Ski Bungalow LLC and legally described as Lot 27, Block G, The Moore Family PUD, a Planned Community, according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81 and First Amended Plat recorded December 13, 2002 in Plat Book 63 at Page 78,possesses scenic and natural recreation activities. 6. The Board finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately upon adoption. RECEPTION#: 635417, 01/1312017 at 09:15:04 AM, 1 OF 10, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of Pitkin County,Colorado adopt this Ordinance for the acquisition of the Ski Bungalow LLC Trail License Agreement and authorizes the chair to sign the ordinance on behalf of the county, and to execute any additional documents,subject to the satisfaction of the county attorney, as necessary to finalize this transaction. I. The Board approves an expenditure of up to $5,000.00 for the transaction costs. 2. Upon approval of the form by the Open Space Acquisition Director and County Attorney, the Chair is authorized to execute the agreement. 3. Upon approval of the form by the Open Space Acquisition Director and County Attorney, the Chair is authorized to execute other documents needed to consummate this transaction. 4. That adjustments be made to the year 2016 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budget This Change Project Budget Ski Bungalow LLC property easement acquisition Acquisition Cost $0 $ $ Estimated Transaction Costs $5,000 $5,000 Total Expenditure S5,000 $ $5,000 5. The Chair(or Chair's designee)shall be authorized to sign this Trail License Agreement and to execute such documents in substantially the form approved by the County Attorney as necessary to complete this transaction. INTRODUCED AND FIRST READ ON THE 7th DAY OF DECEMBER, 2016 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 21st DAY OF DECEMBER, 2016. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF TIIE ORANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 9 _ DAY ON� ,2016. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE O,WwICIAL PITKIN COUNTY WEBSITE(ww.pitkincoun y,com)ON THE Ste' DAY OF (J k(h/_x.__2016. JI))OPTED AFTER FINAL READING AND PUBLIC HEARING ON THE �(d DAY OF / I2f r 2016. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER1ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE `.q 6ax w DAY OF Lit 2016. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www. ritkincoun com)ON THE23'"" DAY OF accnr-Er ,2016. ATTEST: �)� BOARD OF COUNTY COMMISSIONERS By / IXAZ . By: A((NO i(- le.°ette Jones Rachel E. Richards, Chair D-yuty County Clef q Date: . J :fl;o/G APPROVED AS TO FORM: MANAGER APPROVAL II- D Jootin EEly,County Attorney Jon P ac ck, County Managet Gary Tennenbaum, Director Open Space&Trails O' r / 1 1 1 / / � ! A Ski Bungalow property I /l/l 1� x , \ vicinity map H. s Parcel se 4per vly �rM � Recreation Easements t#71111,4411111 In open Space lee " C 9 open Space CE --Rivers/Streams ``� a <P,� .. (4 r `a� —Roads O) �"-I Block 27 Lel tJ m� �r / 1. F III �} 1 c!"Rre 0�. 0 42 '840 r 1 660 Feel -r i� s"Et ity V r °dr rt" ' �•• � T r„ wA C'r q� s ¢ •C+" +a x k V. $ ,';. ' '� ' .y '� '*J" . ir0e` Ski Bungalow property { w/ �f `Y• 47, , 'fit A J � . 20 wide.nvate ski trail and public summer trait p. 20'wide public nordic'tradl r A t4,7 '.1'40 Agra . Tr / 40 44y I' e 7774 obp 4 Legend FF� ..3 e. R Parcel ft c alon Easements # 1; Rivers/Streams 1 n Q A —Roads . fs�n , {.}} 1. ,a Nordic Trail License Area a (� -�' A �i granted to county #r 4 .. ti t I , MV i e QF !t . A .�'t a 0 20 a0 BO Feet 1 . / M� 0' t b a�Ip lig O J y� ✓ l9 Iry � ..� /+J T+i e 1 1 TRAIL LICENSE AGREEMENT (Pitkin County as Grantee) tit This TR $L LICENSE AGREEMENT("Agreement") is made and entered into this 9$ day of littalgh,r 2016, by and between Ski Bungalow LLC, a Colorado limited liability company("Grantor")and the Board of County Commissioners of Pitkin County, Colorado("Grantee"). WITNESSETH WHEREAS, Grantor owns certain real property located in the County of Pitkin, State of Colorado, legally described as Lot 27, Block G,The Moore Family PUD, a Planned Community, according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81 and First Amended Plat recorded December 13, 2002 in Plat Book 63 at Page 78(the"Grantor Property"); WHEREAS, the Grantor Property is subject to a 20' Public Nordic Trail for cross- country skiing as depicted on the First Amended Plat recorded December 13, 2002 in Plat Book 63 at Page 78(the"Nordic Ski Easement"); WHEREAS, Grantee, a public entity, has requested that Grantor grant to Grantee, for the benefit of the general public, and Grantor has agreed to grant to Grantee, for the benefit of the general public, a revocable license (the "License") over and across the portion of the Grantor Property located 20' on either side of the Nordic Ski Easement (the "License Area") for the purposes and uses set forth below;and WHEREAS, Grantee desires to accept Grantor's grant of said License upon the terms and conditions of this Agreement; NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 1. Grant of License. Grantor hereby grants and conveys to Grantee, its successors and assigns, for the benefit of the general public the License over and across the License Area; subject to the terms and conditions set forth in this Agreement. Grantee hereby accepts the License and License Area in an "as is" condition, subject to the restrictions herein contained, and subject to all patent or latent defects or problems of any kind or nature. Such acceptance does not preclude improvement or maintenance activities within the License Area insofar as such activities may be allowed or required by this Agreement. Grantor reserves the right to use and enjoy the License Area for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. 2. Term. The License shall remain in effect for an initial period of 3 years from the date hereof, unless sooner terminated as provided herein. At Grantor's sole discretion, the License may be extended, in writing, for successive 3 year terms, which shall also be subject to Grantor's right of termination as provided in Paragraph 6 below. 4_1N 3. Purposes and Uses. The License shall be used by Grantee and members of the public solely and exclusively for cross-country skiing and maintenance of the existing trail within the Nordic Ski Easement during the winter months. The existing trail, including the setting of cross-country tracks, may not be moved or relocated outside of the Nordic Ski Easement to any part of the License Area. The prohibition of relocation of any trail or tracks outside of the Nordic Ski Easement shall not preclude members of the public using the Nordic Ski Easement from skiing outside of the Nordic Ski Easement into the License Area. Such use of the License Area may also include the construction and placement of informational trail signs and markers. At its own cost and expense, and subject to first obtaining Grantor's prior written consent, Grantee may install such temporary gates, bridges or other improvements that are deemed reasonably necessary by Grantee for the safe use and maintenance of the trail and for the passage of track-setting equipment; provided, however that at the end of each winter cross- country skiing season, Grantee shall, at its own cost,promptly remove any such temporary gates, bridges or other improvements and restore Grantor's Property to its pre-existing condition in accordance with Paragraph 8 below. Grantee shall not remove or alter any existing landscaping features in the License Area, including, but not limited to the clearing of brush or trees, without the prior written consent of Grantor, which consent shall be in Grantor's sole discretion. Use of the License,and access to the License Area, shall at all times be limited to members of the public gaining access through authorized access points or [railheads established and maintained by Grantee and utilizing cross-country, touring skis, or snowshoes. Snowmobiles, and other motorized vehicles, except for those utilized by Grantee for its Nordic trail program, shall be prohibited. Grantee shall communicate with Grantor on a regular basis, and will keep Grantor informed as to all matters which concern the trails for which this License has been granted. Grantor shall have no obligation and shall not be liable for Grantee's management of the License Area, including repairs, clearing or other maintenance of the License Area, or to insure or indemnify Grantee or the public for any injury,claim or damage to any person or property. 4. No Easement or License for Access. Nothing herein shall be construed to grant an easement or license across any of the Grantor Property other than the License Area in order for any person to gain access to the trail within the License Area and the Nordic Ski Easement. Grantee shall provide and maintain reasonable access and [railhead points outside of the Grantor Property in order to minimize opportunities for entering or leaving the trail. 5. Liability. It is the intention of the parties to make the License Area and the Nordic Ski Easement available to the public for recreational purposes without charge, and to limit the parties' liability, if any, to persons entering thereon for such purposes. The parties expressly acknowledge that (i) the Nordic Ski Easement and the License are granted for a "recreational purpose"under C.R.S. §§ 33-41-101,et sq.,and (ii) members of the public are the "invited guests" of Grantee, as that term is defined under C.R.S. § 33-41-103(2)(e)(I). Grantee shall ensure that all recreational activities upon the License Area shall be conducted in compliance therewith, and Grantee shall install all signage and take such other and further action as shall be reasonably required pursuant to such statute. The parties further acknowledge that Grantor is entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements,including without limitation said §§ 33-41-101,et seq. 6. Termination. Grantor may terminate this License and this Agreement at any time, for any reason, following delivery of written notice of termination to Grantee, which notice shall be delivered at least four (4) months in advance of the effect date of termination. Such 2 'N �{{ "' I termination shall be automatic and shall be effective immediately on the effective date of termination. 7. License subject to Prior Agreements. The rights and privileges granted by this Agreement are subject to prior agreements, easements, and conveyances recorded, or unrecorded. 8. Reasonable Care; Restoration. Grantee agrees to use reasonable care in construction of improvements within the License Area and agrees to avoid damage to the surrounding land and improvements thereto, and further agrees to restore such land and improvements to their condition immediately prior to any construction, improvements,or repairs. Grantee agrees to restore the property to its original state at the end of each ski season. 9. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement should ever become the subject of litigation between Grantor (or its successors and assigns in the record ownership of the Grantor Property) and Grantee, the substantially prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith 10. Binding Effect. Subject always to Paragraphs 2 and 6 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying Grantor Property traversed by the License Area, or any part thereof. The benefits and burdens hereof shall also run with the title to the Grantor Property and all parts thereof traversed by the License Area, for so long as the same shall be in effect under this Agreement. This Agreement may only be amended in writing signed by Grantee and by the then-record owner or owners of the Grantor Property traversed by the License Area. I I. Notices. Whenever notice is required to be given hereunder, it shall be in writing and may be sent by electronic mail to the party entitled thereto or mailed to the party entitled thereto, by registered or certified mail, return receipt requested. If mailed, said notice shall be effective and complete as of the date of mailing. If delivered or sent by electronic mail, said notice shall be effective and complete upon delivery or transmission of the electronic mail. Until changed by notice in writing, notice shall be given as follows: To the Grantor: Ski Bungalow LLC, a Colorado limited liability company 70 Five Trees lane Aspen CO 81611 With copy to: Garfield &Hecht,P.C. 625 East Hyman Avenue, Suite 201 Aspen, Colorado 81611 Attn: Chris LaCroix,Esq. E-Mail: clacroix@garfieldhecht.com 3 gilt To the Grantee: Director of Acquisitions Pitkin County Open Space and Trails 806 West Hallam Street Aspen,Colorado 81611 E-Mail:dale.will@uitkincounty.com With copy to: The Pitkin County Attorneys Office 123 Emma Road,Suite 204 Basalt,Colorado 81621 E-Mail:John.Ely@v itk incou ntv.com 12. Severability. If any provisions of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid,shall not be affected thereby. 13. Governmental Immunity. The parties agree and understand that both parties are relying on and do not waive,by any provisions of this Agreement,the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, §§ C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents,or employees. 14. Governing Law. This Agreement shall be governed by the laws of the State of Colorado. Venue for any dispute between the parties concerning this Agreement shall be in the courts of Pitkin County, State of Colorado. IN WITNESS WHEREOF, the parties have executed the foregoing on the day and year above first given. GRANTOR: Ski Bungalow LLC, a Cole d liability company By: Bruce Etkin,Manager GRANTEE: Board f County Commissi /�rrss of Pitkin County By: W 1 ao. e(U�W" Acknowledgements on Following Page 4 gf STATE OF efI .b ) COUNTY OFA714i6\r 1 ) n(� p y The foregoing instrument was acknowledged before me thisUl day of r U im�P,l , 2016, by Bruce H. Etkin, Manager of Ski Bungalow, LLC,a Colorado limited liability company. Witness my hand and official seal. My commission expires. 4 . I I I a —.aNotary Public RACHAEL PUDLO Notary Public State of Colorado STATE OF COLORADO ) Notary ID 20144025126 My Commission Expires Jun 24,2018 COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me thi&day of1)let—• 2016,by eh„a:ds,Chair of the Board of County Commissioners of Pitkin County. Mad 4'' Cuia/iy Witness my hand and officialtseal.`' My commission expires. \````1"Z�� ,1I 1''1 1 , \ 'i'-,a1...\ OZOZ9t-llsupx3 uolaAJetON W �/,�_,,- 6929t0aZ661OOlAleloN Notary ' hl,• opa 003 w elelS °wind AMON OIVNOGOVW VSI1 5 ` ��/� RECEPTION#: 635418. 01/13/2017 at � 09:15:05 AM, CONTRACT NOF 5, R $0.00 Doc Code AGREEMENT Janice K.Vos Caudill. Pitkin County, CO TRAIL LICENSE AGREEWICNI (Pitkin County as Grantee) tit.This TR�1,{L LICENSE AGREEMENT("Agreement") is made and entered into this r6__ day ofli tib« v_ 2016, by and between Ski Bungalow LLC, a Colorado limited liability company("Grantor")and the Board of County Commissioners of Pitkin County, Colorado("Grantee"). WITNESSETH WHEREAS, Grantor owns certain real property located in the County of Pitkin, State of Colorado, legally described as Lot 27, Block G,The Moore Family PUD, a Planned Community, according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81 and First Amended Plat recorded December 13, 2002 in Plat Book 63 at Page 78 (the"Grantor Property"); WHEREAS, the Grantor Property is subject to a 20' Public Nordic Trail for cross- country skiing as depicted on the First Amended Plat recorded December 13, 2002 in Plat Book 63 at Page 78(the"Nordic Ski Easement"); WHEREAS, Grantee, a public entity, has requested that Grantor grant to Grantee, for the benefit of the general public, and Grantor has agreed to grant to Grantee, for the benefit of the general public, a revocable license (the "License") over and across the portion of the Grantor Property located 20' on either side of the Nordic Ski Easement (the "license Area") for the purposes and uses set forth below; and WHEREAS, Grantee desires to accept Grantor's grant of said License upon the terms and conditions of this Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I. Grant of License. Grantor hereby grants and conveys to Grantee, its successors and assigns, for the benefit of the general public the License over and across the License Area; subject to the terms and conditions set forth in this Agreement. Grantee hereby accepts the License and License Area in an "as is" condition, subject to the restrictions herein contained, and subject to all patent or latent defects or problems of any kind or nature. Such acceptance does not preclude improvement or maintenance activities within the License Area insofar as such activities may be allowed or required by this Agreement. Grantor reserves the right to use and enjoy the license Area for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. 2. Term. The License shall remain in effect for an initial period of 3 years from the date hereof, unless sooner terminated as provided herein. At Grantor's sole discretion, the License may be extended, in writing, for successive 3 year terms, which shall also be subject to Grantor's right of termination as provided in Paragraph 6 below. 4_/N 3. Purposes and Uses. The License shall be used by Grantee and members of the public solely and exclusively for cross-country skiing and maintenance of the existing trail within the Nordic Ski Easement during the winter months. The existing trail, including the setting of cross-country tracks, may not be moved or relocated outside of the Nordic Ski Easement to any part of the License Area. The prohibition of relocation of any trail or tracks outside of the Nordic Ski Easement shall not preclude members of the public using the Nordic Ski Easement from skiing outside of the Nordic Ski Easement into the License Area. Such use of the License Area may also include the construction and placement of informational trail signs and markers. At its own cost and expense, and subject to first obtaining Grantor's prior written consent, Grantee may install such temporary gates, bridges or other improvements that are deemed reasonably necessary by Grantee for the safe use and maintenance of the trail and for the passage of track-setting equipment; provided, however that at the end of each winter cross- country skiing season, Grantee shall, at its own cost, promptly remove any such temporary gates, bridges or other improvements and restore Grantor's Property to its pre-existing condition in accordance with Paragraph 8 below. Grantee shall not remove or alter any existing landscaping features in the License Area, including, but not limited to the clearing of brush or trees, without the prior written consent of Grantor, which consent shall be in Grantor's sole discretion. Use of the License,and access to the License Area,shall at all times be limited to members of the public gaining access through authorized access points or trailheads established and maintained by Grantee and utilizing cross-country, touring skis, or snowshoes. Snowmobiles, and other motorized vehicles, except for those utilized by Grantee for its Nordic trail program, shall be prohibited. Grantee shall communicate with Grantor on a regular basis, and will keep Grantor informed as to all matters which concern the trails for which this License has been granted. Grantor shall have no obligation and shall not be liable for Grantee's management of the License Area, including repairs, clearing or other maintenance of the License Area, or to insure or indemnify Grantee or the public for any injury, claim or damage to any person or property. 4. No Easement or License for Access. Nothing herein shall be construed to grant an easement or license across any of the Grantor Property other than the License Area in order for any person to gain access to the trail within the License Area and the Nordic Ski Easement. Grantee shall provide and maintain reasonable access and trailhead points outside of the Grantor Property in order to minimize opportunities for entering or leaving the trail. 5. Liability. It is the intention of the parties to make the License Area and the Nordic Ski Easement available to the public for recreational purposes without charge, and to limit the parties' liability, if any, to persons entering thereon for such purposes. The parties expressly acknowledge that (i) the Nordic Ski Easement and the License are granted for a "recreational purpose" under C.R.S. §§ 33-41-101, et seq., and (ii) members of the public are the "invited guests" of Grantee, as that term is defined under C.R.S. § 33-41-103(2)(e)(I). Grantee shall ensure that all recreational activities upon the License Area shall be conducted in compliance therewith, and Grantee shall install all signage and take such other and further action as shall be reasonably required pursuant to such statute. The parties further acknowledge that Grantor is entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, including without limitation said §§ 33-41-101,et sey. 6. Termination. Grantor may terminate this License and this Agreement at any time, for any reason, following delivery of written notice of termination to Grantee, which notice shall be delivered at least four (4) months in advance of the effect date of termination. Such I�{{ 2 IN VI termination shall be automatic and shall be effective immediately on the effective date of termination. 7. License subject to Prior Agreements. The rights and privileges granted by this Agreement are subject to prior agreements, easements, and conveyances recorded, or unrecorded. 8. Reasonable Care: Restoration. Grantee agrees to use reasonable care in construction of improvements within the License Area and agrees to avoid damage to the surrounding land and improvements thereto, and further agrees to restore such land and improvements to their condition immediately prior to any construction, improvements,or repairs. Grantee agrees to restore the property to its original state at the end of each ski season. 9. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement should ever become the subject of litigation between Grantor (or its successors and assigns in the record ownership of the Grantor Property)and Grantee, the substantially prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith 10. Binding Effect. Subject always to Paragraphs 2 and 6 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying Grantor Property traversed by the License Area, or any part thereof. The benefits and burdens hereof shall also run with the title to the Grantor Property and all parts thereof traversed by the License Area, for so long as the same shall be in effect under this Agreement. This Agreement may only be amended in writing signed by Grantee and by the then-record owner or owners of the Grantor Property traversed by the License Area. I I. Notices. Whenever notice is required to be given hereunder, it shall be in writing and may be sent by electronic mail to the party entitled thereto or mailed to the party entitled thereto, by registered or certified mail, return receipt requested. If mailed, said notice shall be effective and complete as of the date of mailing. If delivered or sent by electronic mail, said notice shall be effective and complete upon delivery or transmission of the electronic mail. Until changed by notice in writing, notice shall be given as follows: To the Grantor: Ski Bungalow LLC, a Colorado limited liability company 70 Five Trees lane Aspen CO 81611 With copy to: Garfield & Hecht, P.C. 625 East Hyman Avenue, Suite 201 Aspen,Colorado 81611 Ann:Chris LaCroix, Esq. E-Mail: elacroixce,garfieldhecht.com To the Grantee: Director of Acquisitions Pitkin County Open Space and Trails 806 West Hallam Street Aspen,Colorado 81611 E-Mail: dale.wil1@p ilk incount).com With copy to: The Pitkin County Attorney's Office 123 Emma Road, Suite 204 Basalt, Colorado 81621 E-Mail: John.Elyiroitkincountv.com 12. Severability. If any provisions of this Easement or the application thereof to an) person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. 13. Governmental Immunity. The parties agree and understand that both parties are relying on and do not waive,by any provisions of this Agreement,the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, §§ C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers,agents,or employees. 14. Governing Law. This Agreement shall be governed by the laws of the State of Colorado. Venue for any dispute between the parties concerning this Agreement shall be in the courts of Pitkin County, State of Colorado. IN WITNESS WHEREOF,the parties have executed the foregoing on the day and year above first given. GRANTOR: Ski Bungalow LLC, a Colo e-Fif ' d liability company Bruce Etkin,Manager GRANTEE: Board f County Commissi rs of Pitkin County R.rJkel P P rhaf& U-heie ie - (b '' Acknowledgements on Following Page 4 it itq I1 STATE OF Cola b ) COUNTY OFXe\r A ) , The foregoing instrument was acknowledged before me this day of t U mtY, 2016, by Bruce H. Etkin, Manager of Ski Bungalow, LLC,a Colorado limited liability company. Witness my hand and official seal. My commission expires. , 'I' ( i' j Notary Public 4 RACHAEL PUDLO i Notary Public o STATE OF COLORADOStat1 020 211014144400 5 Notary l25126 l My Commission Expires Jun 24, 2018 COUNTY OF PITKIN ) 4 ' ' ' The foregoing instrument was acknowledged before me this day of by 4 Ri �fds, Chair of the Board of County Commissioners of Pitkin County. (C a@ y Witness my hand and official seal. -'/��/��� , ires. Mycommission uo cspiwwo�1�'`iyAx+4v ,. ...�. � _. tl P ,It1 OZOL62t9 l t' 3 ARION Notary ' 61 Y"• \ 692opQ' I06t o al o0v glop V mons Amon olVN000vw VSII 5