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Home My WebLink AboutSETTLERS CREEK - Filed OA-OTHER AGREEMENTS - 2008-04-23RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 1 OF 16, R $81.00 TD Pgs: 0 Soott Doyle, Larimer County, CO EMERGENCY ACCESS EASEMENT AND AGREEMENT THIS EMERGENCY ACCEJEASEMENT AND AGREEMENT (this "Agreement") is made and entered into this day of f e�inr� u t 2007, by and among FC TIMBERLINE DEVELOPMENT, LLC, a Colorado limited 1' bility company ("Timberline'% HOME DEPOT U.S.A., INC., a Delaware corporation ("Home Depot"), SETTLER'S CREEK APARTMENTS, L.P., a Missouri limited partnership ("Settler's Creek'); and the CITY OF FORT COLLINS, COLORADO, a municipal corporation (the "City'). RECITALS A. Timberline is the owner of the real property legally described as Lots 1 and 2, Block 1, and Lot 1, Block 2, Harmony Centre Subdivision, City of Fort Collins, County of Larimer, State of Colorado (the "Timberline Property"). B. Home Depot is currently occupying a portion of the Timberline Property pursuant to the terms of a lease between Timberline and Home Depot, a Memorandum of which was recorded September 8, 1997 at Reception No. 97058636 and December 5, 1997 at Reception No. 97081359 of the Larimer County, Colorado records (the "Lease'). C. The Timberline Property is encumbered by a Deed of Trust, Security Agreement and Assignment of Rents which secures an indebtedness originally payable to Principal Commercial Funding, LLC, a Delaware limited liability company ("the Lienholder") in the original principal amount of Twenty -Eight Million Five Hundred Thousand Dollars ($28,500,000) dated February 13, 2007, recorded February 16, 2007 at Reception No. 2007-0012662 of the Larimer County, Colorado records ("the First Lien'). D. Settler's Creek is the contract purchaser of the real property legally described on Exhibit A attached hereto and incorporated,herein by reference which will be platted as Settler''` Creek PDP (the "Settler's Creek Property"). E. Settler's Creek intends to develop the Settler's Creek Property as a mixed -use residentiallcommercial project in accordance with the Development Plan Documents, including specifically but without limitation, the Final Plat and Site Plan for Settler's Creek PDP as approved by the City copies of which Plat and Site Plan are attached hereto as Exhibits C and D (the "Final Plans'). F. The Final Plans provide for primary access to the Settler's Creek Property from JFK Parkway in the northwest comer of the Settler's Creek Property. The Final Plans also provide for a secondary emergency access in the southwest comer of the Settler's Creek Property over and across that portion of the Timberline Property legally described on Exhibit B attached hereto and incorporated herein by reference (the "Easement Premises'). The Easement Premises are presently used by Home Depot for an access entryway from JFK Parkway to a parking lot located on the Timberline Property. Clean - 9-6-07 - v.4 J •�, T I/4 RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 10 OF 16, Scott Doyle, Latimer County, Co E)MMIT A (Settler's Creek Properly) Parcel A: A parcel of land being a portion of the Southwest Quarter of Sectio3. 36, Township 7 North, Range 69 West of the 6th P.M., Lar•imer County, Colorado being more particularly described as follows: Eeginning at the Southwest Corner of said Section 36 and considering the South line of the Southwest Quarter of said Section 36 as bearing South B9'S3100' West and with all bearings contained herein relative thereto; thence along the West lime of amid Southwest Quarter North 00'05'42' Wast 870.16 feat to a point on the Westerly prolongation of the North line of Hare v Centre according to the plat on file in the office of the Clark and Recorder said County: thence along said Westerly prolongation and along said Northerly line North 89'5214211 East 543.57 feet; thence continuing along said Northerly line South 51'47106" East 165.54 feet) thence North 89'93100' mast 39.58 feet; - thence South 90'001001 Bast 847.15 feet to the TRUE POIH'P OF EEGIa84ING: thence continuing. along said Northerly lino the following five courses and distances: South 90.00100' Best 415.90 feet; thence North 61'28.37' Empt 31.51 feet; thence North 90.00.00' East 80.00 fast; thence North.45'0010O,. East 178.72 featt thence South 45.'00'004 East 30.00 feet; thence departing said North line North 90'00100' East 303.94 feet; thence North 00'O9!12-.. West 438..41 feat to 6 point on the South line of l,aadinga Park Subdivision according to. the Plat on file in the office of the Clark and Recorder, said Countyr thence along said South line and along the South line of Soavzreet P.U.D. according to the plat on file in the office of the Clerk and Recorder said County, South 89'53140' West 1042.17 feet to a point oa the tkat line of that certain parcel of land described in.dead, recorded in Hook 1620, Page 422, records of said County; tbeaee along the Easterly and Squtherly Linea of said parcel the following two courses and distancesi South 00'06156- Bast 150.00 feet; thence South 89'53140' West 200.09 feet to a pout on the Easterly right-of-way line of JPB: Parkway as recorded under Reception No. 97074165, records of said County, said point being a point -on a c:nva concave to the Northeast having a central angle of 02.59147' and a radius of 700.00 feeti a radial line passing through said point bear& South 59'23.12' Welts thence Southeasterly along the arc of maid curve 35.61 feet to the end of said curve: thence tangentfrom said curve and continuing along said Easterly right-of-way line South 33'36135' East 450.66 feet to tb* TROE POINT 09 81GINN7NG, Parcel Bo A Parcel of land being a porhiva of the Southwest Quarter of Section 36, Township 7 North, Range 69 West Of the Stu P.M., Trrimar County. Colorado being more particularly described as foPiows, -continued- RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 11 OF 16, Scott Doyle, Larimer.County, CO Beginning at the Southwest Corner of said Section 36 and considering the South line of the Southwest Quarter Of said Section 36 as bearing South 89153'00, west and with all bearing's contained harein relative thereto; thence along the West line of said Southwest Quarter North 00'05142' Went 870.16 feet to as point on the Westerly prolongation of the North line of Nermnay Centre, according to the plat om file in the office of .the Clerk and Recorder said County; thence along said Westerly prolongation and along said Northerly line North 89'S2.42• East 543.57 feats thence continuing along said Northerly line South 51'47.06- East 165.54 feet; thence North 89'5310D" East 39.58 £eats thence South 90'00'00' East 897.15 feats theace South 90'00'DD' East 415.00 feet; thence North 61'26.37" East 31.51 feat; thence North 9D'001DD' Heat 80.00 feats thence North 45'00100" East 178.72 :East:; thence South 45'00100° East 30,OD feet; thence departing said North line North 90.00.00" East 303.94 feet; thence North 00'09'12e West 438.41 feet to a point on the South line of Landings Park subdivision according to the plat on file in the office of the 'Clerk and Recorder amid County; thence along said South line and algag the South line of Somerset Y.O.U. according to the Plat on file in the'offine of the Clerk and Recorder said County. South 89'53140" West 1042.17 fast to a. point on the East line of that certain parcel of land described in deed, recorded in Book 162S, Page 422 records of Said County, said point being the TRUE P0327T OF BEGIMMMi thence along the Edstarly and Southerly lines of said parcel the following two coursea and distances': South 00'06156' East 150.00 feat( thence south 89'53'40' Want 200.09 lent to a point on the East right-of�ay line of OFR Parkway as recorded under Reception Nn. 97074165 records of said County; said point being a Point on at curve concave to the Northeast having a central angle of 13107.33' and a radius of 700.00 feet; a radial line passing through said point bears South 59.23112• West; thence Northwesterly along the arc of said curve 160.36 feet to the end o2 said curves thence tangent from said curve North 17'29115" Weet 3.94 feet to a point on the North line of said Parcel of laud described in Heed, recorded in 3ook 1626, Page 422 records of said County, thence along said North line North 84'53'40• Bast 266,18 feet to the TRUE POINT OF BEDISSIId1Ng, County of Latimer ' State of Colorado. (for informational purposes only) Vacent Land RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 12 OF 16, Scott Doyle, Larimer County, CO EXHIBIT B LEGAL DESCRIPTION EMERGENCY ACCESS EASEMENT A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 36, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARBvIER, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE NORTH LINE OF LOT I BLOCK 2 OF THE HARMONY CENTRE SUBDIVISION, BEING MONUMENTED ON THE WEST END BY A I" YELLOW PLASTIC CAP WITH ILLEGIBLE MARKINGS, AND ON THE BAST END BY AN 1" ALUMINUM CAP STAMPED "JR ENG LS 28262", IS ASSUMED TO BEAR N90'00'OD"E, WITH A DISTANCE OF 415.00 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE WEST END OF SAID NORTH LINE; THENCE N90'00'00'E, ON SAID NORTH LINE, A DISTANCE OF 73.08 FEET TO THE POINT OF BEGINNING; TRENCH N90'00'00"B, CONTINUING ON SAID NORTH LINE, A DISTANCE OF 24.00 FEET; THENCE SOO'00'00"E, A DISTANCE OF 8.08 FEET, TO A POINT' OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 5602325" AND AN ARC LENGTH OF 49.21 FEET, TO A POINT OF TANGENCY; THENCE S56'23'25"W, A DISTANCE OF 34.74 FEET, TO THE EASTERLY RIGHT-OF-WAY JFK PARKWAY; THENCE N33'3635"W, ON SAID EASTERLY RIGHT OF WAY, A DISTANCE OF40.69 FEET; THENCE N60' 19'39"E, A DISTANCE OF 55.54 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 3.00 FEET, A CENTRAL ANGLE OF 6061939" AND AN ARC LENGTH OF 3.I6 FEET, TO A POINT OF TANGENCY; THENCE N001800'00" E, A DISTANCE OF 4.96 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 2.683 SQUARE FEET MICHAEL S. BRAKE, PROFESSIONAL ENGBdEER AND LAND SURVEYOR COLORADO PE -PLS NO.28262 FOR AND ON THE BEHALF OF JR ENGINEERING LLC. MIS LWAL DESCRIPTJON DOES NOT WNSTD'UTEATlFLSSEARCN BYJR FNGlNEER1N07O DETERMINE OWNERSNJP OF THiS TRACTOR VERffYEASEMEMEOFRECORD. IR ENGINEERINGANDTRESURYEYOR OF RBCORDASSUMES NO RESPONSISILITYFOR OWNERSHIP RIGHTS OR MMNG EASEMEMTRIG1M AND RECOMMENDSCOMMIATION WITHANATTORNEY. -e@ION ¥ 20080012305,02/28 e.a 09o4:e _,o OF w,aott »22 Larimer County, CO RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 14 OF 16, Scott Doyle, harimer County, CO r, }' t�,� �fr a�li !a; a f lilt C`i6 6 •�^ b (�/��}� ti rl ; �} i a any 'i:�! f`f� §§9! y , r q �. 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Iti�}Sxl aral1IS.l .BftYf`+li !rF€t8f YeYf�iali g$;ili E'xbi ,f.�-I RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 15 OF16, Scott Doyle, Larimer County, CO r"---------- ------ ---r- I p I fI I g Ids[ ,rI I W411 e �Ildil� IluliY�tll��llll��ll gn(hIMF'! �,■.A�,�� gy g q iGingiif'iifiGni��iii�i�Yi ppp'ppp�iditiff��rllllI�,,�Llidtdrri�VdSld''lldlidi r. i�n�� gAAg qu eeg��AAnA.� I ��l��ldi I�IilI�I�iYIdV�Yldli�i' aRl lolle�Eec��r��, RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 16 OF 16, Scott Doyle, Larimer County, CO l� RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 2 OF 16, Scott Doyle, Larimer County, CO G. Timberline is willing to grant to the City an easement over and across the Easement Premises for the purpose of providing emergency vehicular access to the Settler's Creek Property. H. Home Depot and the Lienholder are willing to subordinate their interests in the Timberline Property to the emergency access easement granted herein pursuant to the terms and conditions set forth in this Agreement. I. A copy of a prior Emergency Access Easement and Agreement was recorded January 3, 2006 at Reception No. 2006-0000176 of the Larimer County, Colorado records. This Emergency Access Easement and Agreement shall supersede, replace in full, and amend and restate in its entirety the copy previously recorded January 3, 2006 at Reception No. 2006-0000176 of the Larimer County, Colorado records. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. Timberline hereby grants, bargains, sells and conveys to the City a non-exclusive, perpetual easement over, across and upon the Easement Premises for the sole purpose of providing emergency access to the Settler's Creek Property from JFK Parkway. The term "emergency access" as used in this Agreement shall mean access by emergency vehicles and personnel including, but not limited to, fire, ambulance and law enforcement vehicles. 2. Settler's Creek shall have the right to enter upon the Easement Premises to make such improvements to the Easement Premises including, but not limited to, removal and replacement of asphalt and other hard surfacing as may be reasonably necessary to connect the Settler's Creek Property to the existing access driveway on the Timberline Property; provided that Settler's Creek shall not obstruct or block access to the Timberline Property from JFK Parkway during any period of time that Home Depot is open for business; and provided further that upon completion of any work on the Timberline Property, Settler's Creek shall promptly restore, or cause to be restored, the Timberline Property to substantially the same condition as existed immediately prior to such work including; but not limited to, all paving or other hard surfacing, curbs, gutters, islands, landscaping improvements, drainage improvements, and irrigation'or other utility lines, pipes, equipment and improvements. Settler's Creek shall have the right and obligation to stripe, sign and mark the Easement Premises as a fire lane in accordance with City regulations and/or the Poudre Fire Authority Inspections Policy Manual. 3. In performing any work on the Timberline Property, Settler's Creek shall indemnify and hold harmless the City, Timberline, Home Depot, the Lienholder, and the Timberline Property from and against any and all' loss, cost and expense, including reasonable attorneys' fees, incurred by the City, Timberline, Home Depot, and/or the Lienholder as a result of any claim, action, suit or proceeding including, but not limited to, mechanics' lien claims, claims for personal injury and/or property damage arising out of, as a result of, or in connection with any work performed by, at the request of, or on behalf of Settler's Creek, its agents, employees, contractors, subcontractors, materialmen and suppliers. In the event of the recording of any lien or claim of lien against the Timberline Property, Settler's Creek shall obtain the Clry - 9-6-07 - v-4 RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 3 OF 16, Scott Doyle, l:arimer County, CO release of the lien within thirty (30) days after the recording thereof, and in the event Settler's Creek fails to obtain the release of the lien within thirty (30) days after the recording thereof, the City, Timberline, Home Depot and/or the Lienholder shall have the right, but not the obligation, to pay the lien claim without regard to the validity thereof-, and upon making such payment, the City, Timberline, Home Depot, and/or the Lienholder shall be entitled to immediate reimbursement from Settler's Creek for all costs and expenses, including reasonable attorneys' fees incurred in obtaining the release of such lien. 4. Settler's Creek, with respect to claims arising out of use of the Easement Premises by Settler's Creek, its employees, agents, contractors, tenants, licensees, invitees and guests; the City, without waiving its right to governmental immunity, only to the extent permitted by applicable law, and only for claims arising out of use of the Easement Premises by the City, its agents and employees; and Home Depot, only with respect to claims arising out of use of the Easement Premises by Home Depot, its employees, agents, contractors, tenants, licensees, invitees and guests; agree to and shall indemnify and hold harmless Timberline and the Lienholder from any and all liability or damages which Timberline and/or the Lienholder may suffer as a result of claims, demands, costs, liens, judgments or awards against Timberline and/or the Lienholder arising out of or as a result of any use of the Easement Premises. There shall be no joint liability of Settler's Creek, the City, and Home Depot under the provisions of this paragraph. 5. Upon completion of the surface improvements necessary to connect the Settler's Creek Property to the Timberline Property, Settler's Creek shall install removable bollards along the boundary between the Settler's Creek Property and the Timberline Property sufficient to prevent access to or from the Settler's Creek Property by way of the Easement Premises. The bollards may be temporarily removed by any governmental authority, or emergency responder that determines use of the Easement Premises is necessary for emergency access to the Settler's Creek Property. 6. In the event of any damage to the Easement Premises as a result of the use of the Easement Premises to obtain access to the Settler's Creek Property, whether pursuant to the terms of this Agreement or in violation of the restrictions herein contained, Settler's Creek shall promptly repair or restore the Easement Premises to the condition that existed immediately prior to such damage. In the event Settler's Creek fails to repair or restore the Easement Premises, the City, Timberline, Home Depot and/or the Lienholder shall have the right, but not the obligation, to restore the Easement Premises and shall be entitled to immediate reimbursement from Settler's Creek for all costs and expenses incurred in making any repairs necessitated by use of the Easement Premises for access to the Settler's Creek Property. 7. Timberline represents and warrants to Settler's Creek that Timberline is the owner of the Timberline Property and has full right, power and authority to grant this Easement and that the Easement Premises are free and clear of all liens and encumbrances except and subject to claims of parties in possession not shown by the public records; easements and rights -of -way in place or of record; restrictions, reservations, exceptions, covenants, conditions and agreements of record; the First Lien; the Lease; and real property taxes and assessments for the year 2007 and subsequent years. Clean - 9-6-07 - vA RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 4 OF 16, Scott Doyle, Larimer county, CO 8. In the event of a default in the performance of any of the obligations of this Agreement and in the event litigation is commenced to enforce the terms and provisions of this Agreement, the court shall award to the party or parties that substantially prevail in such litigation all costs and reasonable attorneys' fees. 9. The benefits and burdens of this Agreement shall run with the Settler's Creek Property and the Timberline Property and shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and assigns. 10. If the plat of Settler's Creek PDP is not recorded in the office of the Clerk and Recorder of Latimer County, Colorado within one hundred eighty (180) days of the date of this Agreement, the City shall vacate the easement granted herein upon request of Timberline or Home Depot. 11. In the event of a taking of all or any part of the Easement Premises by condemnation or other eminent domain proceedings pursuant to any law (or any conveyance in lieu thereof), the entire award or payment with respect to the same shall belong to Timberline and no other partyshall have any right, title or interest in any such award or payment. 12. The parties hereto agree that the provisions of this Agreement may be modified, supplemented or amended, in whole or in part, only with the prior written consent of the parties hereto, their successors and assigns. 13. Notwithstanding anything to the contrary contained in this Agreement, in no event shall any non -defaulting party be entitled to any lien against the Timberline Property (including, but not limited to, the Easement Premises) as security for sums payable to it under this Agreement; and, accordingly, each party (except the Lienholder) hereby waives, releases, disclaims, discharges and relinquishes any and all lien rights against the Timberline Property (including the Easement Premises) with respect to payment of any amount due under this Agreement. In addition, a copy of any notice to a defaulting party under this Agreement shall be given to the Lienholder concurrently with the giving of such notice to the defaulting party at the address of the Lienholder set forth in the First Lien or last assignment thereof evidencing the Lienholder's interest in the Timberline Property, and Lienholder shall have the same cure rights given to the defaulting party under this Agreement. The address of the current Lienholder for purposes of this Agreement shall be as follows: Principal Commercial Funding, LLC, c/o Principal Real Estate Investors, LLC, 801 Grand Avenue, Des Moines, 1A 50392-1360, Attn: Erin Coghlan. 14. This Agreement may be executed in counterpart copies and the signature page from each counterpart copy may be removed therefrom and attached to the original Agreement, which shall be recorded in the office of the Clerk and Recorder of Latimer County, Colorado. Clean - 9-6-07 - v.4 n RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 5 OF 16, Scott Doyle, Larimer County, CO IN WITNESS WHEREOF, the parties hereto have executed this Emergency Access Easement and Agreement as of the day and year first above written. FC TIMBERLINE DEVELOPMENT, LLC, a Colorado limited liability company By: FC TIMBERLINE MANAGEMENT CORPORATION, a Colorado corporation, Manager Charles P. Woods, President STATE OF COLORADO ) }ss: COUNTY OF LARTMER } The foregoing instrument was acknowledged before me this lsO-day of Jt}ytlt 20GQj by Charles P. Woods as President of FC Timberline Management Corporation, a Colorado corporation, as Manager of FC TIMBERLINE DEVELOPMENT, LLC, a Colorado limited liability company. Witness my hand and official seal. .My ComnussioaExpires:_ t)y Q3ItI ELISA A. HEBERT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 12/03/2011 aedlined - 12/27/07 - v.5 - I r Notary Public RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 6 OF 16, Scott Doyle, larimer County, CO IN WITNESS WHEREOF, the parties hereto have executed this Emergency Access Easement and Agreement as of the day and year first above written. SETTLER'S CREEK APARTMENTS, L.P., a Delaware limited partnership M STATEOF 155 E-1 ) COUNTY OF S7 • C N 6RL6)ss: MLP SETTLER'S CREEK APARTMENTS LLC, a Missouri limited liability company, The foregoing instrument was acknowledged before me this 6th day of February 2004 204 by. Bryan Aston as Member of MLP Settler's Creek Apartments, LLC, a Missouri limited liability company, General Partner of SETTLER'S CREEK APARTMENTS, L.P., a Delaware limited partnership. Witness my hand and official seal. My Commission Expires: T ,Cis Notary Public Clean - 9-6-07 - YA RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 7 OF 16, Scott Doyle, Larimer County, c0 Joinder of Lender Principal Commercial Funding, LLC, a Delaware limited liability company, was the original beneficiary (Lender) under that certain Deed of Trust, Security Agreement and Assignment of Rents dated as of February 13, 2007 and recorded February 16, 2007 at Reception No. 2007-0012662 of the Larimer County, Colorado records ("the Deed of Trust'). The Deed of Trust was assigned by Principal Commercial Funding, LLC, to Principal Commercial Funding II, LLC by an Assignment of Deed of Trust dated February 13, 2007, and recorded October 30, 2007 at Reception No. 2007-0081533 of the Larimer County, Colorado records. The Deed of Trust was subsequently assigned by Principal Commercial Funding II, LLC to Lasalle Bank National Association, as Trustee for Bear Steams Commercial Mortgage Securities, Inc„ Commercial Mortgage Pass - Through Certificates, Series 2007-TOP26 ("Lasalle Bank'l by an Assignment of Deed of Trust dated April 18, 2007 and recorded January 11, 2008 at Reception No. 2008-0002436 of the Larimer County, Colorado records. Lasalle Bank, as the current holder of the Deed of Trust, hereby consents to the execution and delivery of the foregoing Emergency Access and Easement Agreement (the "Agreement") by virtue of its rights and interests set forth in Deed of Trust, without warranty or representation, and agrees that no foreclosure (or transfer in lieu thereof) or other enforcement of any remedy Pursuant to the Deed of Trust shall impair, invalidate, supersede or otherwise affect the covenants, conditions, restrictions and easements established by the Agreement, and that any foreclosure under the Deed of Trust (or transfer in lieu thereof) shall be subject to the terms and provisions of the Agreement. LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, SERIES 2007-TOP26 By: PRINCIPAL GLOBAL INVESTORS, LLC, a Delaware limited liability company, in its capacity as Primary Servicer, its authorized signatory By: Name- etas•`-+6�L�--. STATE OF 2ewa ) COUNTYOF Polk )SS: 1 lFrZt,414c,le foregoIng instrument was acknowledged before me this day of _, 200, by asp,aw, �,,.,,_,..., of Principal Global Investors, LLC, a Delaware limited liability company, to its capacity as Primary Servicer, the authorized signatory of LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, SERIES 2007-TOP26. Witness my hand and official seal. My Commission Expires: Clean - 9-6-07 - vA RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 8 OF,16, Scott Doyle, Larimer County, c0 The undersigned, being the tenant under a lease evidenced by that certain Memorandum of Lease dated August 20, 1997 and recorded September 8, 1997 at Reception No. 97058636 and December 5, 1997 at Reception No. 97081359 of the Latimer County, Colorado records, hereby consents to the foregoing Emergency Access Easement and Agreement and subordinates its interest in the Easement Premises to the lien of the easement granted herein. HOME DEPOT U.S.A., INC., a Delaware corporation STATE OF CALIFORNIA ) 4. ss. COUNTY OF ORANGE ) On /1nVeA-%nlw.r 6 , 2007, before me a notary public in and for said state, personally appeared e-✓lea ►L1 •Siva. jvl personally known to me 1 ) to be the persowhose namt 't�s (are) subscri to the within instrument and acknowledged to me that hstature(s)-on they executed Elie same in h er their authorized capacity(iesj- d that by his their the instrument the person(sj!or the entity upon behalf of which the person acted, executed the 'instrument. WITNESS my hand and official seal. ignature (SEAL) =0�1 aMIX * t U2011 2, Clean - 9-"7 - v.4 RECEPTION#: 20080012305, 02/28/2008 at 09:34:37 AM, 9 OF 16, Scott Doyle, Larimer County, CO ATTORNEY'S CERTIFICATION 1 herebv certify that the foregoing Emergency Access Easement and Agreement has been duly executed as required pursuant to Section 2.2.3(C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons signing this Easement and Agreement on behalf of a corporation or other entity are duly authorized signatories under the laws of the State of Colorado. This Certification is based upon an examination of the records of the Clerk and Recorder of L.arimer County, Colorado, as of [he date set forth below and other information discovered by me through reasonable inquiry and is limited as authorized by Section 2?.3(C)(3)(1) of the Land Use Code. e s A.M A }Z'��'�' �"G 0 S. Howes Street Fort Collir� CO 8 521 Date: This Deed of Dedication is accepted by the lnte;;SS'm Director pursuant to Section 2.1.5 of the Land Use code of the City of Fort Collins this —q 'l day OM%eew,4er, 200% nFpORt _rua.CA- 1 n SEAL) p to Frank, I terim Director ATTEST: City Clerk Clean - 9-6-0'. - v.n