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HomeMy WebLinkAboutCertificate of Ownership Dedications and Reservations 200921CERTIFICATE OF OWNERSHIP, DEDICATIONS AND RESERVATIONS KNOW ALL MEN BY THESE PRESENTS, THAT ASPEN SKIING COMPANY (“ASC”) BEING THE RECORD TITLE OWNER OF THE SUBJECT PROPERTY AS DESCRIBED AND DEPICTED ON SHEET 2 HEREOF, SITUATED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. PURSUANT TO AND IN ACCORDANCE WITH ORDINANCE NO. 39, SERIES OF 2016, (HEREINAFTER, “ORDINANCE 39”) RECORDED APRIL 8, 2019 IN THE PITKIN COUNTY REAL PROPERTY RECORDS UNDER RECEPTION NO. 655085, OWNER HAS, BY THESE PRESENTS, LAID OUT, PLATTED AND SUBDIVIDED THE SAME INTO LOTS 1 AND 2, AS DEPICTED AND DESCRIBED HEREON UNDER THE NAME AND STYLE OF GORSUCH HAUS PD/SUBDIVISION. ASC EXPRESSLY RESERVES THE RIGHT TO ENGAGE IN SKI OPERATIONS ON, OVER AND ACROSS ALL OF LOT 2 IN CONJUNCTION WITH THE OPERATION AND MANAGEMENT OF THE ASPEN MOUNTAIN SKI AREA. IN THIS REGARD, ASC EXPRESSLY RESERVES THE RIGHT TO CONDUCT AND ACCOMMODATE SKIING, SKI OPERATIONS AND RECREATIONAL ACTIVITIES ON THE PROPERTIES COVERED BY THIS PLAT AS DESCRIBED IN THE PLAT NOTES ON SHEET 4 AND SHEET 5 HEREOF, INCLUDING, WITHOUT LIMITATION TO CONDUCT AND ACCOMMODATE SKI ACTIVITIES AND SKI OPERATIONS ON THE “SKIWAY” SHOWN AND IDENTIFIED ON SHEET 4 HEREOF AND ON THE DRAINAGE ACCESS AND MAINTENANCE EASEMENTS SHOWN AND IDENTIFIED ON SHEET 5 . ALL OF THE FOLLOWING DEDICATIONS AND RESERVATIONS ARE MADE SUBJECT TO SUCH RESERVED RIGHTS AND EXPRESS AUTHORIZATIONS CONTAINED IN ORDINANCE 39 TO ENGAGE IN SKI ACTIVITIES AND RECREATIONAL OPERATIONS ON LOT 2, AND SPECIFICALLY WITHIN THE SKIWAY ON LOT 1 AND LOT 2 AND THE DRAINAGE AND MAINTENANCE EASEMENTS SHOWN AND IDENTIFIED ON SHEET 5 . ASC HEREBY MAKES THE FOLLOWING DEDICATIONS AND RESERVATIONS FOR THIS PLAT: 1. DOES HEREBY DEDICATE TO THE CITY OF ASPEN THOSE PORTIONS OF THE LANDS CONTAINED HEREIN SHOWN AND DEPICTED ON SHEET 3 HEREON, AND LABELED “DEDICATED ROW” FOR PURPOSES OF CONSTRUCTING, OPERATING, AND MAINTAINING SUBGRADE PUBLIC UTILITIES, A PUBLIC ROADWAY, PEDESTRIAN SIDEWALK, AND OTHER ASSOCIATED IMPROVEMENTS NECESSARY FOR VEHICULAR AND PEDESTRIAN TRAVEL; PROVIDED, HOWEVER, THAT THIS DEDICATION IS SUBJECT TO, CONDITIONAL ON AND WILL NOT BECOME EFFECTIVE UNTIL THE CITY OF ASPEN ACCEPTS THE FINAL, AS-BUILT ROADWAY, UTLITY INFRASTRUCTURE AND OTHER BUILDING IMPROVEMENTS CONTEMPLATED TO BE PLACED WITHIN SUCH DEDICATED ROW AREAS AS THE SAME ARE DESCRIBED IN THE CIVIL ENGINEERING DESIGN PLANS RECORDED SIMULTANEOUSLY WITH THIS FINAL PLAT; AND 2. DOES HEREBY DEDICATE AND GRANT A PERPETUAL, NON-EXCLUSIVE PUBLIC TRAIL EASEMENT, SIX (6)FIVE (5) FEET IN WIDTH, FOR PURPOSES OF NON-MOTORIZED INGRESS AND EGRESS, COMMENCING ON THE NORTHERLY BOUNDARY LINE OF THE PUBLIC PEDESTRIAN EASEMENT ON LOT 1 AS SHOWN HEREON AND THENCE CONTINUING IN A NORTHEASTERLY DIRECTION OVER LOT 1 AND THE HILL STREET RIGHT OF WAY AND THENCE CONTINUING IN A SOUTHEASTERLY DIRECTION ACROSS LOT 2, IN THE AREA DEPICTED AS THE "PUBLIC TRAIL EASEMENT" ALIGNMENT SHOWN AND DEPICTED ON SHEET 4 HEREOF; SUCH PUBLIC TRAIL EASEMENT EXTENDS TO A POINT ON THE EASTERLY BOUNDARY LINE OF LOT 2, WHICH POINT COINCIDES WITH THE WESTERLY BOUNDARY LINE OF THE ADJOINING SKIER AND PEDESTRIAN EASEMENT SHOWN AND DESCRIBED IN THE DOCUMENT RECORDED IN PLAT BOOK 4 AT PAGE 489; OWNER RESERVES THE RIGHT TO UNILATERALLY RE- ALIGN THIS PUBLIC TRAIL EASEMENT TO COINCIDE WITH THE AS-BUILT LOCATION THEREOF SO LONG AS SUCH REALIGNMENT DOES NOT ADVERSELY IMPACT THE INTENDED USES OF THE PUBLIC TRAIL EASEMENT AND ASC ALSO RESERVES THE RIGHT TO UTILIZE LOT 2 FOR SKI AREA OPERATIONS AND TO PROHIBIT PEDESTRIAN, BICYCLE OR SIMILAR USES OF THE PUBLIC TRAIL EASEMENT DURING THE SKI SEASON AND TO LIMIT THE USE OF AND/OR TEMPORARILY CLOSE THE PUBLIC TRAIL EASEMENT DURING THE SKI SEASON TO ACCOMMODATE SNOWMAKING, SNOW STORAGE, SNOW GROOMING, SKIING AND OTHER WINTER SKI OPERATIONS; AND 3. DOES HEREBY DEDICATE AND RESERVE A RECIPROCAL, NON-EXCLUSIVE CONSTRUCTION EASEMENT FOR THE USE AND BENEFIT OF THE OWNERS OF LOTS 1 AND 2 AND THEIR RESPECTIVE GRANTEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS, CONTRACTORS, AND EMPLOYEES OVER, UPON, AND ACROSS ONLY THE PORTIONS OF LOTS 1 AND 2 NECESSARY TO COMPLETE THE IMPROVEMENTS ON SAID LOTS WITHIN THE AREA DEPICTED AS THE “TEMPORARY CONSTRUCTION EASEMENT” SHOWN AND DEPICTED ON SHEET 4 HEREOF, INCLUDING THE EXCAVATION, SHORING, DEWATERING AND ALL OTHER CONSTRUCTION ACTIVITIES APPROVED IN ACCORDANCE WITH CITY OF ASPEN ORDINANCE 39 (SERIES OF 2016), TOGETHER WITH A REASONABLE RIGHT OF ACCESS FOR THE ACCOMPLISHMENT OF SUCH PURPOSES. THIS RECIPROCAL TEMPORARY CONSTRUCTION EASEMENT SHALL BE TEMPORARY AND SHALL AUTOMATICALLY TERMINATE UPON THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE IMPROVEMENTS APPROVED AND CONSTRUCTED UNDER ORDINANCE 39; THE TERMS AND CONDITIONS OF THIS RECIPROCAL TEMPORARY CONSTRUCTION EASEMENT ARE MORE PARTICULARLY DESCRIBED IN THAT CERTAIN RECIPROCAL TEMPORARY CONSTRUCTION EASEMENT RECORDED IN THE OFFICE OF THE PITKIN COUNTY CLERK & RECORDED AT RECEPTION NO. _________________________; AND 4. DOES HEREBY DEDICATE AND RESERVE RECIPROCAL, PERPETUAL, NON-EXCLUSIVE SUBSURFACE STRUCTURAL EASEMENTS OF VARYING WIDTHS ALONG EITHER SIDE OF PORTIONS OF THE COMMON BOUNDARY OF LOTS 1 AND 2 (THE “SUBSURFACE STRUCTURAL EASEMENTS”), SHOWN AND DEPICTED ON SHEET 4 HEREOF, FOR THE USE AND BENEFIT OF THE OWNERS OF SAID LOTS AND THEIR RESPECTIVE GRANTEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS, CONTRACTORS, AND EMPLOYEES FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING ANY SUBSURFACE FOUNDATIONS, FOOTER PADS, DEWATERING FACILITIES, DRAINAGE FACILITIES OR OTHER STRUCTURAL ELEMENTS OF THOSE STRUCTURES THAT MAY BE CONSTRUCTED WITHIN SAID SUBSURFACE STRUCTURAL EASEMENTS, TOGETHER WITH A REASONABLE RIGHT OF ACCESS FOR THE ACCOMPLISHMENT OF SUCH PURPOSES PROVIDED THAT THE SAME DOES NOT INTERFERE WITH ASC’S LIFT FACILITIES, UTILITIES AND OPERATIONS; AND, ASC RESERVES THE RIGHT TO UNILATERALLY RE-ALIGN SUBSURFACE STRUCTURAL EASEMENTS TO COINCIDE WITH THE AS-BUILT LOCATIONS OF SUCH STRUCTURAL ELEMENTS; AND 5. DOES HEREBY DEDICATE AND RESERVE A NON-EXCLUSIVE PRIVATE ACCESS EASEMENT OVER, UPON, AND ALONG THE MOUNTAIN OPERATIONS ROAD, SHOWN AND DEPICTED ON SHEET 4 HEREOF AS IT CROSSES LOT 2, LABELED "MOUNTAIN OPERATIONS ROAD PRIVATE ACCESS EASEMENT," AND OVER, UPON AND ALONG THOSE PORTIONS OF LOT 2 LOCATED WEST OF THE MOUNTAIN OPERATIONS ROAD PRIVATE ACCESS EASEMENT, FOR THE USE AND BENEFIT OF THE OWNER OF LOT 1 AND ITS SUCCESSORS, ASSIGNS, EMPLOYEES, LICENSEES AND INVITEES FOR THE PURPOSES OF VEHICULAR AND PEDESTRIAN ACCESS FROM TIME TO TIME NECESSARY FOR THE OPERATION, MAINTENANCE AND UPKEEP OF IMPROVEMENTS LOCATED ON SAID LOT 1 AND FOR ACCESS TO LIMITED, PERIODIC SPECIAL EVENTS ACTIVITIES LOCATED ON, IN AND AROUND PUBLIC AMENITIES SPACES ON LOT 1; SUCH PRIVATE ACCESS EASEMENT DOES NOT CONFER ANY RIGHTS TO THE GENERAL PUBLIC, AND NO PUBLIC ACCESS IS INTENDED TO BE CREATED BY THIS DEDICATION; ASC FOR ITSELF, ITS GRANTEES, SUCCESSORS AND ASSIGNS, RESERVES THE RIGHT TO LIMIT THE USE OF AND/OR TEMPORARILY DENY THE OWNER OF LOT 1 AND ITS SUCCESSORS, ASSIGNS, EMPLOYEES, LICENSEES, AND INVITEES ACCESS TO THE MOUNTAIN OPERATIONS ROAD PRIVATE ACCESS EASEMENT DURING THE SKI SEASON TO ACCOMMODATE SNOWMAKING, SNOW STORAGE, SNOW GROOMING, SKIING AND OTHER WINTER SKI OPERATIONS; AND 6. DOES HEREBY DEDICATE AND GRANT A PERPETUAL, NON-EXCLUSIVE PUBLIC PEDESTRIAN EASEMENT OVER AND ACROSS LOT 1 AND SUCH PORTIONS OF LOT 2 AS ARE SPECIFICALLY IDENTIFIED ON PAGE 4 HEREOF FOR PURPOSES OF NON- MOTORIZED, PEDESTRIAN-ONLY ACCESS OVER AND UPON A STRIP OF LAND AS SHOWN AND DEPICTED ON SHEET 4 HEREOF AND LABELED “PUBLIC PEDESTRIAN EASEMENT” [NOTE: THIS EASEMENT IS FOR (A) PUBLIC PEDESTRIAN ACCESS WITHIN THE 8’ WIDE SIDEWALK ON THE OUTER EDGE OF THE CUL-DE-SAC, (B) THE STAIRWAY AREAS ALONG THE WEST SIDE OF LOT 1 AND (C) THE IRREGULARLY SHAPED AREA PROVIDING PEDESTRIAN ACCESS OVER AND ACROSS THE FAR WESTERN PORTION OF LOT 2 TO THE BARBEE OPEN SPACE PARCEL.]; ASC RESERVES THE RIGHT FOR ITSELF, ITS GRANTEES, SUCCESSORS AND ASSIGNS TO BLOCK, LIMIT OR DENY ACCESS TO SUCH PORTIONS OF THE PUBLIC PEDESTRIAN EASEMENT AS ARE NECESSARY FOR PURPOSES OF USE OF THE MOUNTAIN OPERATIONS ROAD PRIVATE ACCESS EASEMENT BY THE OWNER OF LOT 1 FOR PURPOSES AS DESCRIBED IN PARAGRAPH 5 ABOVE AND ASC, ITS GRANTEES, SUCCESSORS, ASSIGNS, LICENSEES AND INVITEES, AS DESCRIBED IN PARAGRAPH 10 BELOW; AND 7. DOES HEREBY DEDICATE AND RESERVE FOR THE USE AND BENEFIT FROM TIME TO TIME OF THE OWNERS OF LOTS 1 AND 2 AND THEIR RESPECTIVE GRANTEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS, CONTRACTORS, AND EMPLOYEES, PERPETUAL, NON-EXCLUSIVE EASEMENTS ON THOSE PORTIONS OF LOTS 1 AND 2 ALONG THE ENTIRE COURSE OF THE ON-SITE DRAINAGE IMPROVEMENTS SHOWN AND DEPICTED ON THE CONCEPTUAL MASTER DRAINAGE PLAN (SHEET C.4.02) RECORDED SIMULTANEOUSLY WITH THIS PLAT, FOR PURPOSES OF CONSTRUCTION, INSTALLATION, USE, OPERATION, MAINTENANCE, REPAIR, REMOVAL AND REPLACEMENT OF PRIVATE ON-SITE STORM WATER DRAINAGE SYSTEMS FACILITIES, WITH ALL APPROPRIATE SUB-SURFACE AND SURFACE IMPROVEMENTS, TOGETHER WITH A REASONABLE RIGHT OF ACCESS FOR THE ACCOMPLISHMENT OF SUCH PURPOSES (COLLECTIVELY, THE "DRAINAGE EASEMENTS"); ASC RESERVES THE RIGHT TO UNILATERALLY RELOCATE THE ACTUAL LOCATION OF SUCH DRAINAGE EASEMENTS TO COINCIDE WITH THE AS-BUILT LOCATION OF SUCH DRAINAGE IMPROVEMENTS; AND 8. DOES HEREBY DEDICATE AND RESERVE THE RIGHT TO GRANT EASEMENTS AND LICENSES TO AND FOR THE USE AND BENEFIT OF UTILITY COMPANIES OWNING, OPERATING OR OTHERWISE MANAGING THE UTILITY LINES AND SYSTEMS WITHIN LOTS 1 AND 2, AND FOR THE USE AND BENEFIT FROM TIME TO TIME OF THE OWNERS OF SAID LOTS AND THEIR RESPECTIVE GRANTEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS, CONTRACTORS, AND EMPLOYEES, A PERPETUAL, NON- EXCLUSIVE UTILITY EASEMENT OVER, UPON, AND BENEATH THE "UTILITY EASEMENT" SHOWN AND LABELED ON SHEET 4 HEREOF, FOR THE PURPOSE OF CONSTRUCTION, INSTALLATION, ENLARGEMENT, USE, OPERATION, MAINTENANCE, REPAIR, REMOVAL AND REPLACEMENT OF UNDERGROUND UTILITIES INCLUDING WATER, SEWER, STORM WATER DRAINAGE, GAS, ELECTRICITY, TELEPHONE, TELEVISION AND TELECOMMUNICATIONS, TOGETHER WITH ASSOCIATED EQUIPMENT AND FACILITIES REQUIRED ABOVE GROUND, REGARDING WHICH ALL SAID EASEMENTS AND LICENSES SHALL BE IN LOCATIONS REASONABLY APPROVED IN ADVANCE BY THE OWNER(S) OF THE IMPACTED LOT(S), TOGETHER WITH A REASONABLE RIGHT OF ACCESS FOR THE ACCOMPLISHMENT OF SUCH PURPOSES; THE FINAL OWNER UTILITY EASEMENTS TO COINCIDE WITH THE AS-BUILT LOCATIONS OF SUCH UTILITIES; AND 9. DOES HEREBY RESERVE UNTO ASC, ITS GRANTEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS, CONTRACTORS, AND EMPLOYEES, AS THE OWNER, OPERATOR OR MANAGER OF THE LIFT FACILITIES LOCATED ON LOT 1 A PERPETUAL, NON- EXCLUSIVE EASEMENT OVER, UPON AND BENEATH THE "LIFT FACILITIES EASEMENT" SHOWN ON SHEET 4 HEREOF, FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, ENLARGING, OPERATING (INCLUDING, WITHOUT LIMITATION, TRANSPORTING PEOPLE, GOODS AND MATERIALS), MAINTAINING, REPAIRING, REMOVING AND REPLACING LIFT FACILITIES, AND FOR THE ADDITIONAL USE AND BENEFIT OF ASC, ITS GRANTEES, SUCCESSORS, ASSIGNS, LICENSEES AND INVITEES; AND 10. DOES HEREBY RESERVE FOR THE USE AND BENEFIT OF ASC, ITS GRANTEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS, CONTRACTORS AND EMPLOYEES, AS OPERATOR AND MANAGER OF THE LIFT FACILITIES WITHIN THE LIFT FACILITIES EASEMENT DESCRIBED ABOVE AND AS OPERATOR AND MANAGER OF THE ASPEN MOUNTAIN SKI AREA, A NON-EXCLUSIVE PRIVATE ACCESS EASEMENT OVER, UPON, AND ALONG THE MOUNTAIN OPERATIONS ROAD, SHOWN AND DEPICTED ON SHEET 4 HEREOF AS IT CROSSES LOT 1, LABELED "MOUNTAIN OPERATIONS ROAD PRIVATE ACCESS EASEMENT," FOR THE USE AND BENEFIT OF THE OWNER OF LOT 2 AND ITS SUCCESSORS, ASSIGNS, EMPLOYEES, LICENSEES AND INVITEES FOR THE PURPOSE OF VEHICULAR AND PEDESTRIAN ACCESS FROM TIME TO TIME NECESSARY FOR THE OPERATION AND MAINTENANCE OF IMPROVEMENTS LOCATED ON LOT 2 AND FOR ACCESS TO THE ASPEN MOUNTAIN SKI AREA THROUGHOUT THE YEAR; SUCH PRIVATE ACCESS EASEMENT INCLUDES THE RIGHT TO INSTALL SNOWMAKING WATER LINES AND ENGAGE IN SNOWMAKING, SNOW STORAGE, SNOW GROOMING, SKIING AND SKI OPERATIONS, INCLUDING, WITHOUT LIMITATION, SKI RACING AND SPECIAL EVENTS, ON THAT PORTION OF THE SKIWAY LOCATED WITHIN THE MOUNTAIN OPERATIONS ROAD PRIVATE ACCESS EASEMENT; SUCH PRIVATE ACCESS EASEMENT DOES NOT CONFER ANY RIGHTS TO THE GENERAL PUBLIC, AND NO PUBLIC ACCESS OR USE OF THE MOUNTAIN OPERATIONS ROAD AS SHOWN HEREON IS INTENDED TO BE CREATED BY THIS PLAT, EXCEPT AS OUTLINED IN DEDICATION PARAGRAPH 12 HEREON; AND 11. DOES HEREBY DEDICATE AND RESERVE FOR THE USE AND BENEFIT FROM TIME TO TIME OF THE OWNERS OF LOTS 1 AND 2 AND THEIR RESPECTIVE GRANTEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS, CONTRACTORS, AND EMPLOYEES, A PERPETUAL, NON-EXCLUSIVE “UTILITY SERVICE LINE EASEMENT” OVER, UNDER AND UPON SAID LOTS ALONG THE ENTIRE COURSE OF ALL UTILITY SERVICE LINES THAT MAY BE CONSTRUCTED BETWEEN OR OTHERWISE CONNECT TO THE UTILITY SERVICE LINES AND MAINS ON LOTS 1 AND 2 TO THE IMPROVEMENTS THEREON, IN THE AS-BUILT LOCATIONS OF SUCH UTILITY SERVICE LINES, FOR PURPOSES OF CONSTRUCTION, INSTALLATION, USE, OPERATION, MAINTENANCE, REPAIR, REMOVAL AND REPLACEMENT OF SUCH UTILITY SERVICES LINES, TOGETHER WITH A REASONABLE RIGHT OF ACCESS FOR THE ACCOMPLISHMENT OF SUCH PURPOSES AND TOGETHER WITH A REASONABLE RIGHT OF ACCESS FOR THE PURPOSE OF RELOCATING SAID UTILITY SERVICE LINES; ASC AND ITS SUCCESSORS RESERVES THE RIGHT, EXCEPT IN THE CASE OF A BONA FIDE EMERGENCY, TO TEMPORARILY DENY THE OWNER OF LOT 1 AND ITS SUCCESSORS, ASSIGNS, EMPLOYEES, LICENSEES, AND INVITEES ACCESS TO THE UTILITY SERVICE LINE EASEMENT DURING THE SKI SEASON TO ACCOMMODATE SNOWMAKING, SNOW STORAGE, SNOW GROOMING, SKIING AND OTHER WINTER SKI OPERATIONS; AND 12. DOES HEREBY DEDICATE AND GRANT TO THE GENERAL PUBLIC THE LIMITED, NON- EXCLUSIVE RIGHT TO USE THE MOUNTAIN OPERATIONS ROAD PRIVATE EASEMENT OUTSIDE OF THE SKI SEASON FOR PEDESTRIAN AND BICYCLE USES; SUCH EASEMENT SHALL EXTEND FROM THE MOUNTAIN OPERATIONS ROAD’S INTERSECTION WITH THE HILL STREET RIGHT OF WAY AND CONTINUE ALONG AND WITHIN THE ALIGNMENT OF THE MOUNTAIN OPERATIONS ROAD SOUTHWARD TO THE SOUTHERN BOUNDARY OF THE GORSUCH HAUS PD/SUBDIVISION; SUCH GRANT IS EXPRESSLY MADE SUBJECT TO ASC’S RIGHTS, EXERCISED IN ITS SOLE DISCRETION, TO CONTROL AND MANAGE AND/OR ENFORCE CLOSURES OF THE MOUNTAIN OPERATIONS ROAD IN CONNECTION WITH ASPEN MOUNTAIN SKI AREA OPERATIONS AT ANY TIME AS DETERMINED BY THE OPERATOR OF ASPEN MOUNTAIN SKI AREA FOR SAFETY, MAINTENANCE, OPERATIONS, LOADING, UNLOADING AND STAGING PURPOSES AND/OR AS CONTEMPLATED UNDER THE ASPEN MOUNTAIN SKI AREA MASTER PLAN, AS AMENDED FROM TIME TO TIME; AND 12.13. DOES HEREBY DEDICATE TO THE CITY OF ASPEN NON-EXCLUSIVE DRAINAGE ACCESS AND MAINTENANCE EASEMENTS OVER AND ACROSS THE AREAS SHOWN ON SHEET 5 HEREOF, FOR PURPOSES OF ACCESS TO AND MAINTENANCE OF THE STORM WATER DRAINAGE FACILITIES SHOWN AND IDENTIFIED ON SHEET 5, WHICH INCLUDE THE MAIN UNDERGROUND STORM DRAINAGE PIPELINE AND THE LATERAL CONNECTIONS THERETO, THE STORM INLETS, THE ROADSIDE SWALES AND THE DRAINAGE SWALE (ALSO KNOWN AS THE WEST SWALE) SHOWN THEREON (THE “DRAINAGE INFRASTRUCTURE”). THE ACCESS AND MAINTENANCE EASEMENTS SHOWN AND IDENTIFIED ON SHEET 5 ARE INTENDED TO ALLOW FOR THE CITY OF ASPEN, UPON REASONABLE ADVANCE WRITTEN NOTICE TO THE OWNERS OF LOT 1 AND LOT 2 (EXCEPT IN EMERGENCIES, WHEN NO ADVANCE WRITTEN NOTICE WILL BE REQUIRED), TO ACCESS AND MAINTAIN THE DRAINAGE INFRASTRUCTURE , AND INCLUDE THE RIGHT TO CONSTRUCT, INSTALL, REMOVE, REPLACE, MAINTAIN, REPAIR, OPERATE BUT NOT ADD TO, CHANGE OR ALTER THE DRAINAGE FACILITIES LO CATED ON LOT 1 OR LOT 2 UNLESS THE AFFECTED OWNER(S) EXPRESSLY AGREE IN WRITING TO SUCH ADDITONS, CHANGES OR ALTERATIONS. THE CITY OF ASPEN’S ACCESS AND MAINTENANCE ACTIVITIES SHALL BE CONDUCTED AT ALL TIMES TO PROVIDE MINIMUM DISRUPTION TO THE DAY-TO-DAY HOSPITALITY AND SKI OPERATIONS OF THE OWNERS OF LOT 1 AND LOT 2 AND THEIR RESPECTIVE GUESTS AND INVITEES. THESE EASEMENTS ARE ALSO EXPRESSLY MADE SUBJECT TO THE RESERVED RIGHTS OF ASC TO ENGAGE IN SKI OPERATIONS AS DESCRIBED IN THE THIRD PREFATORY PARAGRAPH SET FORTH ABOVE, AND ARE ALSO SUBJECT TO THE RESERVED RIGHT OF THE OWNER OR OWNERS OF LOT 1 TO ENGAGE IN LODGE, HOTEL, COMMERCIAL AND RESIDENTIAL CONDOMINIUM ACTIVITIES AND OPERATIONS IN CONNECTION WITH THE DEVELOPMENT, OPERATION, MANAGEMENT, MAINTENANCE AND CAPITAL REPAIRS OR REPLACEMENTS OF THE BUILDING IMPROVEMENTS AND LANDSCAPING IMPROVEMENTS PLACED ON LOT 1 AND WITHIN ALL EASEMENT AND LICENSED AREAS APPURTENANT TO LOT 1. THE CITY OF ASPEN SHALL BE RESPONSIBLE FOR THE RESTORATION, REPAIR OR REPLACEMENT OF BUILDING IMPROVEMENTS OR LANDSCAPING DAMAGED AS A RESULT OF THE CITY OF ASPEN’S EXERCISE OF ITS ACCESS AND MAINTENANCE EASEMENT RIGHTS DESCRIBED IN THIS PARAGAPAH 13. IN CONNECTION WITH THE EXERCISE OF ANY RIGHT UNDER AND USE OF ANY EASEMENT GRANTED OR RESERVED BY THIS CERTIFICATE, THE OWNER (OF LOT 1 OR LOT 2 AS THE CASE MAY BE) EXERCISING SUCH RIGHT SHALL INDEMNIFY AND HOLD HARMLESS THE OTHER OWNER (OF LOT 1 OR 2, AS THE CASE MAY BE) FROM ANY CLAIMS, DEMAND, SUIT, JUDGMENT, LIEN OR DAMAGES OF ANY NATURE ARISING OUT OF SUCH OWNER’S RIGHT, EXERCISE OR USE, INCLUDING REASONABLE ATTORNEYS FEES AND COSTS INCURRED IN CONNECTION THEREWITH; AND THE OWNERS OF LOTS 1 AND 2 SHALL EACH AT ALL TIMES MAINTAIN A COMMERCIAL LIABILITY INSURANCE POLICY WITH AN INSURANCE COMPANY WITH A BEST’S RATING OF $_________, AND WITH MINIMUM LIMITS OF 15376305_v2