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HomeMy WebLinkAboutFRONT RANGE VILLAGE - Filed OA-OTHER AGREEMENTS - 2009-01-27BERM EASEMENT AGREEMENT THIS BERM EASEMENT AGREEMENT (this "Easement") is made as of va "�2007, by and between LSI LOGIC CORPORATION, Delaware co oration ("Grantor'), and FRONT RANGE RETAIL COMPANYL. C., a Delaware limited liability company ("Grantee"). WITNESSETH WHEREAS, Grantee is the owner of certain real estate situated in Fort Collins, Colorado, and being more particularly described on Exhibit A attached hereto and made a part hereof (the "Grantee Property"); WHEREAS, Grantor is the owner of certain real property lying contiguous or adjacent to the Grantee Property and more particularly described on Eand/ xhibit B attached hereto and made a part hereof (the "Berm Easement Property'); and WHEREAS, Grantee desires to obtain an easement for the installation, operation and maintenance of a landscaped berm on, over and across the Berm Easement Property as more Particularly hereinafter provided; and WHEREAS, Grantor is willing to grant such an easement as hereinafter set forth. NOW, THEREFORE, in consideration of the premises, and the covenants and conditions hereinbelow contained and Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: I• DEFINITIONS 1.1 Governmental Authorities. "Governmental Authorities" shall mean any federal, state, county, city or local governmental or quasi -governmental authority, entity or body (or any departmental agency thereof) exercising jurisdiction over a particular subject matter. 1.2 Governmental Requirements. "Gov _ applicable laws, statutes, ordinances, codes, rules, regu regulations, ons, orders, and applicable mean ial all decisions or decrees, as presently existing and hereafter amended, of any Governmental Authorities. 1.3 rson mean corporation, limited liabilityrc mpany,ltrust, or any other partnership, or Governmental Authority. 1.4 Site Plan. "Site Plan" shall mean the site plan describing the emprovements to be constructed on the Bern Easement Property by Grantee as generally depicted on Exhibit C IS (')P 721287. ; 1 YL>-U:, 01 1 $_'0,i7 State of County of The foregoing instrument is acknowledged before me this 8063007 byof FT day of COMPANY, L.L.C., a Delaware limited liability-- — cornpany, on behaRONlf of the company. �T�L Witness my hand and seal this dayof , �Fi0ti1007 Notary Public My Commission Expires: --10- 6 t ,IP 721283 . State of ( 9 Uay—of —w4mmyhma w!scat this dayof My=Cq.rnMissjojj Ex I ko, 13 Op ?,Ls} 2S." '15 j ul8 182-02, WIL J, 4 2 .... 7 Exhibit A u.+IG 4Aj R>t I A-1 lSFlbcrm I_,ur::.�n: v:��l 13 CJP 721781 v3 I!il $114.�JII L00t J,_ 2007 Exhibit B Berm Easement Pronertv w�....... �- P�B-1 I U I41 y2pt WO I JA 2Ub7 13 ('1P 7213$3. 15 c_I I19J N2-02 100 _L4,' 00' Exhibit C Site Plan -i.J+iddl K-YI-4-[t4�141C- Ia C11' 7213A3 cj JX14'-Wf'(Jl 1'42007 Document comparison done by Workshare DeltaView on Tuesday, January 23, 2007 3:03:21 PM ue:i/c:\Documents and SettingslmhbanglMy ment 1 Documents/RealEstatelPurchaseslHarmonyLandIBERM111 0 '06BERM LSIVS .DOC ile://C:/Documents and Settings/mhbang/My rent 2 Documents/RealEstate/Purchases/HarmonyLand/BERM/01 232007Berm BAYVS 1.. DOC RECIPROCAL EASEMENT AGREEMENT THIS RECIPROCAL EASEMENT AGREEMENT (this "Agreement") is made as of February _, 2007, by and between CASA GRANDE CAPITAL GROUP, L.L.C., an Arizona limited liability company ("Paragon"), and FRONT RANGE RETAIL COMPANY, L.L.C., a Delaware limited liability company ("FRRC"). WITNESSETH WHEREAS, FRRC is the owner of certain real estate situated in Fort Collins, Colorado, and being more particularly described on Exhibit A attached hereto and made a part hereof (the "FRRC Property"); WHEREAS, Paragon is the owner of certain real estate lying contiguous and/or adjacent to the FRRC Property and more particularly described on Exhibit B attached hereto and made a part hereof (the "Paragon Property"); and WHEREAS, Paragon and FRRC desire to enter into this Agreement to provide for certain construction and cross easements with respect to the development of the FRRC Property in accordance with the Site Plan attached hereto as Exhibit C and related improvements to the Paragon Property (the "Site"). NOW, THEREFORE, in consideration of the premises, and the covenants and conditions herembelow contained and Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: I. DEFINITIONS 1.1 Access Easement Area. "Access Easement Area" shall mean those portions of the Paragon Property shown on Exhibit D [Drawing D-1] and designated as an access easement area. 1.2 FRRC Detention Ponds. "FRRC Detention Ponds" shall mean the existing detention ponds and related drainage facilities located on the FRRC Property improved in accordance with the terms hereof. 1.3 Governmental Authorities. "Governmental Authorities" shall mean any federal, state, county, city or local governmental or quasi -governmental authority, entity or body (or any departmental agency thereof) exercising jurisdiction over a particular subject matter. 1.4 Governmental Requirements. "Governmental Requirements" shall mean all applicable laws, statutes, ordinances, codes, rules, regulations, orders, and applicable judicial decisions or decrees, as presently existing and hereafter amended, of any Governmental Authorities. 1.5 Occupant. "Occupant' shall mean any Person from time to time entitled to the use and occupancy of any portion of the Site under an ownership right or under any lease, B CJP 721282 v8 10 18182-0210012/12/2007 n sublease, license, concession, or other similar agreement. 1.6 Paragon Detention Pond. "Paragon Detention Pond" shall mean the existing detention pond and related drainage facilities located on the Paragon Property improved in accordance with the terms hereof. 1.7 Party. "Party" shall mean each signatory hereto and its respective successors and assigns during the period of such Person's fee ownership of any portion of the Site. A Party transferring all or any portion of its fee interest in the FRRC Property or Paragon Property, as applicable, shall give notice to all other Parties of such transfer and shall include in such notice at least the following information: (i) The name and address of the new Party; and A copy of the legal description of the portion of the Tract transferred by such Party. Each Party shall be liable for the performance of all covenants, obligations and undertakings applicable to the Tract or portion thereof owned by it that accrue during the period of such ownership, and such liability shall continue with respect to any portion of the Tract transferred by such Party until the notice of transfer set forth above is given, at which time (i) the transferor shall be released from all obligations pertaining to its Tract arising subsequent to the effective date of the transfer notice, and (ii) the transferee shall automatically become liable for all obligations under this Agreement for the transferred Tract arising on and after the effective date of the transfer notice. Until such notice of transfer is given, the transferring Party shall (for the purpose of this Agreement only) be the transferee's agent. Once the notice of transfer is given, the transferring Party shall be released from all obligations pertaining to the portion of the Tract transferred arising subsequent to the notice of transfer. For the purpose of this Section only, if the notice of transfer is given pursuant to the provisions of Section 4.10, the effective date of such notice shall be the date such notice is sent. Notwithstanding anything to the contrary, if a notice of transfer is given, any payment made by a Party to the transferor within thirty (30) days of such notice shall be deemed properly paid, and the transferor and transferee shall resolve any necessary adjustments and/or prorations regarding such payment between themselves. Nothing contained herein to the contrary shall affect the existence, priority, validity or enforceability of any lien permitted hereunder which is recorded against the transferred portion of the Site prior to receipt of such notice of transfer by the Party filing such lien. 1.8 Permittee. "Permittee" shall mean all owners, tenants and occupants of the Site and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants, and concessionaires of occupants insofar as their activities relate to the intended use and occupancy of the Site. Persons engaged in civic, public, charitable or political activities within the Site, including but not limited to the activities set forth below, shall not be considered Permittees: Exhibiting any placard, sign or notice. B C1P 721282 v8 1018182-021001 2/12,'2007 Distributing any circular, handbill, placard or booklet. Soliciting memberships or contributions for private, civic, public charitable or political purposes. Parading, picketing or demonstrating. Failing to follow regulations established by the Parties relating to the use and operation of the Site. 1.9 Person. "Person" shall mean any individual, partnership, firm, association, corporation, limited liability company, trust, or any other form of business or Governmental Authority. 1.10 Site Plan. "Site Plan" shall mean the site plan comprising the Site as generally depicted on Exhibit C attached hereto. 1.11 Tract. "Tract" shall mean that portion of the Site owned by a Party. II. DECLARATION OF EASEMENTS. 2.1 Paragon Detention Pond. Paragon does hereby declare and establish, for the benefit of FRRC, its successors and assignees, a permanent, perpetual and non-exclusive easement for surface water from the FRRC Property to drain in to the Paragon Detention Pond. Nothing herein contained shall be construed to obligate FRRC, its successors or assignees to maintain the Paragon Detention Pond; Paragon shall remain responsible for maintaining the Paragon Detention Pond. 2.2 FRRC Detention Ponds. FRRC does hereby declare and establish, for the benefit of Paragon, its successors and assignees, a permanent, perpetual and non-exclusive easement for surface water from the Paragon Property to drain in to the FRRC Detention Ponds as generally depicted on the Site Plan. Nothing herein contained shall be construed to obligate Paragon, its successors or assignees to maintain the FRRC Detention Ponds; FRRC shall remain responsible for maintaining the FRRC Detention Ponds. 2.3 Ingress. Egress and Parkins. Each Party hereby acknowledges that ingress and egress to and from the Paragon Property and the FRRC Property are by public roads, as the same may from time to time be constructed and maintained for such use. During the term of this Agreement, FRRC and Paragon hereby grant and convey to each other for their use and for the use of their Permittees, a non-exclusive easement for the passage of vehicles and parking of vehicles over and across the areas designated for access and cross -parking as shown on the drawings attached hereto as Exhibit E [Drawings D-1, G-1 and K-11 (the "Ingress, Egress and Parking Easement Area"); except that the parking spaces immediately adjacent to the southwest corner of the existing building on the Paragon Property (as shown on Exhibit E-3) shall be used for short term parking not to exceed two (2) hours. Upon written request by Paragon, FRRC shall install signs indicating such two (2) hour time limit. The Ingress, Egress and Parking Easement Area located on FRRC's Tract is more particularly described on Exhibit E-1. The B C1P 721282 v8 1018182-021001 2/12,2007 attached hereto. As used herein, Site Plan shall include any modifications, revisions or amendment to the Site Plan attached hereto that have been approved by Grantor. in writing from time to time II. DECLARATION OF EASEMENT. -'- t L --Grant o_ f Ent Grantor hereby s and conveys to Grantee a non-exclusive berm easement (the "Easement"), or the cb nstruct on land maintenance of slopes, cuts and fills, and landscaping, all of which shall be materially consistent with the Site Plan (the "Improvements"), and for no other purpose, only upon the Bern Easement Property, expressly subject to the following terms and conditions: A. Ingress and Egress; Damage to Property. Grantee, its agents, contractors, and employees, shall have and exercise the right of reasonable ingress and egress in, to, over, through, under and across the Berm Easement Property for any purpose necessary for the construction, reconstruction, use, maintenance, repair, and/or replacement of the Improvements. Grantee shall promptly and completely repair any damage to any property of Grantor or any part thereof or improvements thereon caused in whole or in Part by Grantee, its agents, contractors or employees, through the exercise of Grantor's rights under the Easement, upon demand. In no event shall the Improvements interfere with the volumes or flow rates of the existing drainage on any portion of Grantor's Property of which the Berm Easement Property is a part. In addition, all overlot grading by Grantee of the Improvements or the Berm Easement Property shall be compacted to a minimum of 9490% of Standard Proctor. B. Reserved Rights of Grantor. The Easement granted and created hereby is non- exclusive, and Grantor hereby reserves for itself and its successors and assigns the right to use the Berm Easement Property or to grant to third parties the privilege of using such Berm Easement Property, for any lawful purpose, including but not limited to excavating, filling, constructing retaining walls, the installation of utilities and telecommunications lines, traffic safety devices, sidewalks, trails, signage, landscaping, parking and lighting, access roads and driveways, or for any other use not inconsistent with the terms hereof, and the granting of easements for such purposes, so long as such use does not have- it canreasenatale-@GfeeF-oa�in __ r with Grantee's use of the Berm Easement Property as permitted hereunder. Without limiting the generality of the foregoing, and subject to the approval of any Governmental Authorities having jurisdiction over the Berm Easement Property, Grantor shall have the right to grade or fill the Berm Easement Property, or to construct retaining walls thereon, in any manner which reduces the area necessary for the subjacent and lateral support of the Improvements and the adjacent Grantee's Property, so long as such subjacent and lateral support is not impaired, and in that event, at Grantor's election, only the portion of the Berm Easement Property which is then necessary for the provision of such subjacent and lateral support shall be subject to the benefits and obligations of this Easement. Any such change shall occur by Grantor 3 ( 11'.7212Sj ,, 0 18 1 CAJiL061 I _4 __(A)7 Ingress, Egress and Parking Easement Area located on the Paragon Tract is more particularly described on Exhibit E-2. Such easements shall be appurtenant to and for the benefit of the specified grantees' Tracts, and shall be binding on, enforceable against and burden the specified grantors' Tracts. Such easement rights shall be subject to the following reservations as well as the other applicable provisions contained in this Agreement: (A) Each Party reserves the right to close -off any portion of its Tract for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to closing -off any portion of its Tract, such Party shall give written notice to each other Party of its intention to do so, and shall attempt to coordinate such closing -off with each other Party so that no unreasonable interference with the passage of pedestrians or vehicles shall occur. (B) Each Party reserves the right at any time and from time to time to exclude and restrain any Person who is not a Permittee from using its Tract. (C) Each Party reserves the right to temporarily erect or place barriers in and around areas on its Tract which are being constructed and/or repaired in order to insure either safety of Persons or protection of property. (D) Each Party agrees to maintain its Tract at its expense; except that FRRC shall be solely responsible for the maintenance of the Ingress, Egress and Parking Easement Area. 2.4 Access Easements. Paragon does hereby declare and establish, for the benefit of FRRC, its successors, assignees and Permittees a non-exclusive easement in, to, over and across the Access Easement Area for the purpose of pedestrian and vehicular access, ingress and egress over and across such Access Easement Area. The Access Easement Area shown on Exhibit D [Drawing D-1] is more particularly described on Exhibit D-1. 2.5 Temnorary Construction Easement. Paragon does hereby declare and establish for the benefit of FRRC, its successors, assignees and Permittees a temporary easement over the Paragon Property for the purposes of grading, and making certain improvements within the Ingress, Egress and Parking Easement Area and the areas designated for "Temporary Construction Easements" on Exhibit F [Drawings A-1, B-1, C-1, F-1 and J-11. FRRC shall diligently attempt to minimize any interference with any business operations presently conducted on the Paragon Property. This Easement shall remain in effect until the earlier of (i) the completion of the Approved Work (as defined pursuant to Section 2.6), or (ii) December 31, 2008. FRRC covenants and agrees with Paragon, on behalf of itself or its successors and assigns, as the case may be, to indemnify and to hold harmless Paragon, its successors and assigns, from any and all third party claims, liabilities and expenses which may be claimed or asserted against Paragon, its successors or assigns, or the Paragon Property, on account of the performance of the Approved Work, including, but not limited to, injury to any person or property, interference with the operating business of the Paragon Property, and any mechanics' or materialmen's liens or claims of lien which may be asserted against Paragon, its successors or assigns, or the Paragon Property. B CJP 721282 v8 1018182-021001 2/12,2007 e 2.6 Certain Improvements. FRRC does hereby agree to, at FRRC's sole cost and expense, grade and make certain improvements to the Paragon Property as shown on Exhibit G [Drawings A-2, B-2, C-2, D-2, G-2, H-2, I-2, J-2 and F-2] (the "Approved Work"). The Approved Work shall be completed substantially in accordance with the drawings attached as Exhibit G, and shall be completed by FRRC, at its expense, in a good and workmanlike manner and in accordance with all applicable laws. Notwithstanding the foregoing obligations of FRRC, all such Approved Work shall be subject to Governmental Requirements, and the parties acknowledge that the City of Ft. Collins, Colorado may perform all or a portion of the Approved Work along or within the right of ways of Zeigler Road and Harmony Road in accordance with its own specifications and standards. 2.7 Other Agreements. Upon execution of this Agreement, Paragon shall use its best efforts to (A) dedicate and convey to the City of Ft. Collins, Colorado, subject to any Government Requirements, those portions of the Paragon Property identified on Exhibit H [Drawings A-1 and B-1], pursuant to a separate dedication agreement, and (B) grant perpetual easements to the City of Ft. Collins, Colorado, subject to any Government Requirements, those portions of Paragon Property shown as an easement to be granted by Paragon to the City of Ft. Collins, Colorado on Exhibit I [Drawings E-1, H-1 and I-1], pursuant to a separate easement agreement. III. TERM 3.1 Except as set forth in Section 2.5 above, this Agreement and the rights, obligations and liabilities created herein (except as otherwise expressly set forth herein) shall extend for a term of seventy-five (75) years from the date hereof and shall automatically be extended for terms of ten (10) years each thereafter unless both parties mutually agree to terminate this Agreement. In any event, the easements contained in Article II hereof shall be perpetual to the extent permitted by law and unless otherwise specified herein. Upon termination of this Agreement, all rights and privileges derived from and all duties and obligations created and imposed by provisions of the Agreement, except as related to the easements mentioned above, shall terminate and have no further force or effect; provided, however, that the termination of this Agreement shall not limit or affect any remedy at law or in equity that a party may have against any other party with respect to any liability or obligation arising or to be performed under this Agreement prior to the date of such termination. IV. MISCELLANEOUS 4.1 Estoppel Certificate. Each party agrees that within fifteen (15) days of written request from time to time of the other Party, it will issue to a prospective mortgagee of such other Party or to a prospective successor Party to such other party, an estoppel certificate stating: (a) whether the party to whom the request has been directed knows of any default by the requesting party under this Agreement, and if there are known defaults, specifying the nature thereof; (b) whether this Agreement has been assigned, modified or amended in any way by such party (and if it has, then stating the nature thereof); and 8 C1P 721282 v8 10 19 182-021001 2i12/2007 (c) that to the requested party's knowledge this Agreement as of that date is in full force and effect. Such statement shall act as a waiver of any claim by the party furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claims asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement, and who has acted in reasonable reliance upon the statement; however, such statement shall in no event subject the party furnishing it to any liability whatsoever, notwithstanding the negligent or otherwise inadvertent failure or such party to disclose correct and/or relevant information. 4.2 Binding Effect. The terms of this Agreement shall constitute covenants running with the land and shall inure to the benefit of and be binding upon the signatories hereto and their respective assigns and successor in title to all or any portion of the Paragon Property or the FRRC Property. 4.3 Liabili . The parties shall be liable for the performance of their respective obligations under this Agreement, and injunctive and other relief, including specific performance, shall be available to enforce such obligations. However, upon any sale or conveyance of the Paragon Property or the FRRC Property, as applicable, to a third party, FRRC and/or Paragon, as the case may be, who shall have sold its respective parcel, shall be forever released of any of its obligations hereunder (except for any obligation which shall have accrued at or before the time of such transfer), and such obligations arising thereafter shall be enforceable only against the party who shall acquire title to such respective parcel. 4.4 Singular and Plural. Whenever required by the context of this Agreement, the singular shall include the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa. 4.5 Negation of Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each party shall be considered a separate owner, and no party shall have the right to act as an agent for another party, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged. 4.6 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Site or of any tract or portion thereof to the general public, or for any public use or purpose whatsoever. Except as herein specifically provided, no rights, privileges or immunities of any party hereto shall inure to the benefit of any third -party, nor shall any third -party be deemed to be a beneficiary of any of the provisions contained herein. 4.7 Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person by judgment or court order shall in a no way affect any of the other provisions hereof or the application thereof to any other person and the same shall remain in full force and effect. B CJP 721282 v8 1018182-021001 2/ 12/2007 4.8 Amendments. This Agreement may be amended by, and only by, a written agreement signed by all of the then current parties and shall be effective only when recorded in the appropriate land evidence records where the Site is located. No consent to the amendment of this Agreement shall ever be required of any person other than the parties, nor shall any person other than the owner have any right to enforce any of the provisions hereof. 4.9 Captions and Capitalized Terms. The captions preceding the text of each article and section are included only for convenience of reference. Captions shall be disregarded in the construction and interpretation of this Agreement. 4.10 Notices. Any notice or other instrument required or permitted to be given or delivered under the terms of this Agreement shall be deemed to have been given and delivered, upon receipt, when deposited in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows: If to FRRC: Front Range Retail Company, L.L.C. C/o Bayer Properties, L.L.C. 2222 Arlington Avenue Birmingham, Alabama, 35205 Attn: General Counsel With a Copy to: Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 1600 Wachovia Tower 420 North 20`h Street Birmingham, Alabama 35203 Attn: Ms. Denise W. Killebrew If to Paragon: Casa Grande Capital Group, L.L.C. 7202 E. Carefree Drive, Suite 200 Carefree, Arizona 85377 Attn: Mr. Douglas A. Dragoo With a Copy to: Michael F. Beethe, Esq. Bonnett, Fairbourn, Friedman & Balint, PC 2901 N. Central Avenue, Suite 1000 Phoenix, AZ 85012 Such notices may also be sent: (a) by overnight delivery using a nationally recognized overnight courier, in which case notice shall be effective upon receipt; (b) by telefax, in which case notice shall be deemed effective upon receipt of a fax confirmation of a successful transmission; (c) by personal delivery, in which case notice shall deemed delivered upon receipt. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. B GP 721282 v8 1018182-021001 2/ 122007 4.11 Aareement Shall Continue Notwithstandine Breach. It is expressly agreed that no breach of this Agreement shall (i) entitle any party to cancel, rescind or, otherwise terminate this Agreement or (ii) defeat or render invalid the lien of any mortgage made in good faith and for value as to any part of the Site. However, such limitation shall not affect in any manner any rights or remedies to which a party may be entitled hereunder by reason of any such breach. 4.12 Time. Time is of the essence of this Agreement. 4.13 Nonwaiver. The failure of any party to insist upon strict performance of any of the terms, covenants or conditions hereof shall be deemed a waiver of any rights or remedies which that party may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terns, covenants or conditions. 4.14 Mortgage Subordination. Any mortgage, deed of trust, or deed to secure debt affecting the FRRC Property or Paragon Property, as applicable, shall at all times be subject and subordinate to the terms of this Agreement, and any party foreclosing any such mortgage, deed of trust or deed to secure debt, or acquiring title by deed in lieu of foreclosure or trustee's sale shall acquire title subject to all of the terms and provisions of this Agreement. 4.15 Applicable Law/Construction. This Agreement shall be governed, construed, applied and enforced in accordance with the laws of the State of Colorado without giving effect to its conflict of law principles. 4.16 Entire Aareement. This Agreement, including the Exhibits hereto, set forth the entire understanding and agreement of Paragon and FRRC with respect to the Site; all courses of dealing, usage of trade and all prior representations, promises, understandings and agreements, whether oral or written, are suspended by and merged into this Agreement. 4.17 Force Majeure. In the event a Party shall be prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, unavailability of any utility service, restrictive governmental laws or regulations, failure of any governmental agency to act within the timeframe customarily associated with such governmental action, riots, insurrections, the act, the failure to act, or default of another party or war (hereinafter "Force Majeure"), then performance of such act shall be excused for the period of the delay, and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay. Within ten (10) days following occurrence of Force Majeure, the party claiming a delay due to such event shall give written notice to the other setting forth a reasonable estimate of such delay. 4.18 Acknowledgment. Paragon hereby acknowledges that as part of FRRC's development of the Site, FRRC will grade, level, fill, drain and build on, over, under and across the ground embraced within the FRRC Property, including all reasonable and customary uses incident thereto, including but not limited to, the storage, operation and transportation of the vehicles, equipment, and personnel being used for or in connection with the construction of the Site. FRRC agrees to utilize commercially reasonable efforts to minimize interference with Paragon's use of the Paragon Property. B CJP 721282 A 1018182-0210012/12,'2007 4.19 Warranties. FRRC will assign to Paragon any and all warranties it receives for Approved Work performed on the Paragon Property. 4.20 Counterparts, This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. [Signatures appear on the following page] B CJP 721282 A 1018182-021001 2 / 12/2007 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effected as of the day and year first above written. FRONT RANGE RETAIL COMPANY, L.L.C., a Delaware limited liability company Name: CASA GRANDE CAPITAL GROUP, L.L.C. an Arizona limited liability company By: PACIFIC SOUTHWEST CAPITAL, L.L.C., an Arizona limited liability company, its Manager By: APEX PROPERTY SOLUTIONS, L.L.C., an Arizona limited liability company, its Manager By: Douglas A. Dragoo, its Manager B CJP 721282 v8 10 18182-02 10012/12/2007 State of County of The foregoing instrument is acknowledged before me this day of 2007, by , of FRONT RANGE RETAIL COMPANY, L.L.C., a Delaware limited liability company, on behalf of the company. Witness my hand and seal this day of 2007. Notary Public My Commission Expires: State of _ County of The foregoing instrument is acknowledged before me this day of 2007, by Douglas A. Dragoo, Manager of APEX PROPERTY SOLUTIONS, L.L.C., an Arizona limited liability company, Manager of PACIFIC SOUTHWEST CAPITAL, L.L.C., an Arizona limited liability company, Manager of CASA GRANDE CAPITAL GROUP, L.L.C., an Arizona limited liability company, on behalf of the company. Witness my hand and seal this day of 2007. Notary Public My Commission Expires: B CJP 721282 v8 1018182-021001 2.-12/2007 Exhibit A Mg Pro cum ALTA f ACSM LAND TITLE SURVEY B UP 721282 A 1018182-021001 2/12/2007 ALTA / ACSM LAND TITLE SURVEY n------ -------------------- ------- - - ---a-- ------• -c----------- -I_ � 1 A i 11! 4 1:� B UP 721282 v8 10 18 182-021001 2i12r2007 executing and recording in the real property records of Larimer County, Colorado, an amendment to this Easement, which amendment shall state the legal description of the revised Berm Easement Property, and shall not require execution or consent by Grantee. The effect of any such change shall be that after the recording of such an amendment, the benefits and obligations of this Easement shall accrue only to the Berm Easement Property as so revised; and this Easement shall cease to affect title to the portion of the Berm Easement Property not included in the legal description of the revised Berm Easement Property. C. Subjacent and Lateral Support. Subject to the provisions of the foregoing Section 4-2 1_B., Grantee shall have and exercise the right of subjacent and lateral support to whatever extent is necessary or desirable for the maintenance and repair of the Improvements, and Grantor shall not take any action which would impair the lateral or subjacent support for the Improvements. D. Open Space Credit. The Berm Easement Property shall not be used by Grantee to obtain credits for conveyance of open space, parks or any other public or private land dedication that may be required in connection with the approval of any development plans by the City of Fort Collins, Colorado, Larimer County, Colorado, or any other Governmental Authority having jurisdiction over the development or use of Grantee's Property or the Berm Easement Property ("Open Space Credit'). Grantor shall retain full authority and all rights to obtain any applicable Open Space Credit in connection with the Berm Easement Property. E. Maintenance of Berm Easement Property. Grantee shall at all times maintain the Berm Easement Property and the Improvements in good, healthy and sightly order,. condition and repair and in compliance with the Site Plan and all applicable Governmental Requirements. In the event of any damage to the Berm Easement Property (other than any damage caused by Grantor or thud ies using the Berm Easement Pl4nertv under the authority nFC r ) Grantee will promptly, and at Grantee's cost and expense, promptly restore the Berm Easement Property and any Improvements located thereon consistent with the Site Plan. F. Breach. The parties agree that, in the event of a breach of any provision of this Easement, written notice of the breach shall be given by the non -breaching party to the other, and if, after thirty days the breaching party has not cured the breach or, if cure is not possible within thirty days, the breaching party has not commenced what curative measures are possible and is not prosecuting same to their timely completion in a commercially reasonable manner, then in addition to such contractual remedies as may be available at law, either party may ask a court of competent jurisdiction to enter a temporary and/or permanent restraining order, or an order for specific performance, to compel the breaching party to perform in accordance with the terms and conditions hereof. I-r+1{kuipi(�H11+1A-C}NIF w� - i.)1-15 1I'll Ih',IL-1el -_ - It( IP 7212S3 5 Ci 515' 92_LCO; 1 4 2(YF, ALTA 1 ACSM LAND TITLE SURVEY B CP 721282 A 1018182-021001 2,1122007 Exhibit B Paragon Property Lot 1 and Tract A Symbios Logic Office Building, according to the plat recorded January 28, 1998, at Reception No. 98005708, County of Larimer State of Colorado also known by street and number as: 2950 East Harmony Road, Ft. Collins, CO 80528 assessor's schedule or parcel number: 87324-47-001 B C1P 721282 v8 10 18182-0210012/12/2007 Exhibit C Site Plan 4-1-R ROAD I�. U�" l �'R UIIIIIIIfIIiIW nI III L1�1 t p lBf��TiT��?IOW l r 19 ....4—II——TTIIai Mg.:- t w;. B C1P 721282 v8 1018182-021001 21/121/2007 Exhibit D Access Easement Area [Drawing D-1] 12.400 SF LOT 7 1.614 x-ps al':F nN A - 11, 14 Bt AlF, HAR`AO ljy V:)At) PARAGON B GP 721282 %,S 10 18182-021001 21/12/2007 Exhibit D--I Access Easement Area Legal Description EXHIBIT SHEET 1 OF 2 EASEMENT DESCRIPTION AN ACCESS EASEMENT OVER AND ACROSS A PORTION OF SYMBIOS LOGIC OFFICE BUILDING AS DESCRIBED UNDER RECEPTION NCMBER 19980005708 OF THE LARIMER COUNTY RECORDS. LOCATED IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERMAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32. TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS N89-26'04'W: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 32: THENCE N89'26'04"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 32. A DISTANCE OF 960,18 FEET; THENCE N00'03'42"W, A DISTANCE OF 112.19 FEET TO A POINT ON THE WESTERLY PROPERTY LINE OF SAID SYMBOIS LOGIC OFFICE BUILDING AND THE POINT OF BEGINNING: THENCE THE FOLLOWING THREE (3) COURSES ALONG SAID WESTERLY PROPERTY LINE: 1. N 00'03'42" W. A DISTANCE OF 197. 12 FEET; 2. N 45'DO'40" W, A DISTANCE OF 108.86 FEET; 3. N 44'58'32' E, A DISTANCE OF 13.88 FEET; THENCE S 45'03'34" E, A DISTANCE OF 239.72 FEET, THENCE S 00'00'14" E, A DISTANCE OF 115.05 FEET. THENCE S 89'55'57" W. A DISTANCE OF 102.30 FEET TO THE POINT OF BEGINNING: CONTAINING AN AREA OF /8,440 SQUARE FEET OR 0.423 ACRES, MORE OR LESS SURVEYOR'S STATEMENT I HEREBY STATE THAT THE ATTACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. GARY FASELT PLS 25942 FOR AND ON BEHALF OF STANTEC CONSULTING INC. 25942 Stantec Consuldng Inc. 20DO S Colorado Blvd Suite 2-300 Denver, CO 80222 Tel, 303.758.4058 Fax. 3C3.758.4828 wew. stantec.com EASEMENT DESCRIPTION SE 1/4 OF SECTION 32 T 7 N. R 68 W OF THE 6TH PM CITY OF FORT COLLINS COUNTY OF LARIMER STATE OF COLORAJO CT VO 1 R7C LAJ J, 01/24/07 B CIP 721282 v8 1018182-02t001 2/12/2007 B Exhibit D--1 (Continued) EXHIBIT N SHEET 2 OF 2 N44'58'32"E 13, 88' y R`SO O GRAPHIC SCALE 0 60 '20 O'i IGIn AL SCALE- = 60' PARCEL CONTAINS 18,440 SF 0 0,423 AC SYMBIOS LOGIC OFFICE BUILDING REC. NO. 19980005708 POINT OF BEGINNING �i POINT OF COMMENCEMENT .l SE COR SEC 3�2] BASIS OF BEARINGS �� Nr �' •,� _ S LINE SE 1/4 SEC 32 THIS EKHBIT DOES NOT REPRESENT A MONu MENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. V:5297'"..cdvet1B10'.0251�B.W,%Ex1Ae'Acce ACCESS•D.Jwq, Shell2.' 2&20B13:M:45PNI SConsulting Inc. EASEMENT DESCRIPTION P"XCT Vo, 2000 S Colorado Blvd 1870/0251 Saitouite 2-300 SE 1 4 OF SECTION 32 Jd1E' Denver, .7 40222 T 7 N. :i 6A w OF THE 6TH PM 01 24 07 Tel. 3D33C3.758.4 58 CITY OF FORT COLLINS / Fax. tarte5o.1828 www. starteccom COUNTY OF LARIMER c°J ;�:,i, v1C[p. sbnbcSTALE OF COLORAUO uu v rr o B CJP 721282 v8 1019182-021001 2/12/2007 F-12 12,400 3F LOT 7 1.614 x:ms Exhibit E Ingress. Egress and Parking Easement Area [Drawings D- 1, G- I and K- I ] PARAGON B CJP 721282 v8 1018182-021001 21/12,/2007 Exhibit E (Continued) �RNATF 6RI0E-- r�T�� � t RTfiA',(Y� PRO FRTY I II+E 1 F-11 } 9,600 SF�41 .' c � T / '.:LV. Ir, ll: T bl' AILL Is' WIRA[ l *O iONMM1CL I :AIL 'ANY I G AIAI: 19]hv.li F-12 12,400 SF LOT 7 1.614 acres PARAGON ,i PARAGB 1 AeESS A Ilafkt Date:-1452007 � �IdC Frorl Ru9ge Village M, B CJP 721282 v8 1018182-021001 2/12/2007 Exhibit E (Continued) PARAGON K.1 CRUSti PARKING AND 1t 'H f Atil Mf Yl . __._- __ ____ ■ I �. Oahe: 1dE.2CW Rort Range Village N . B CJP 721282 v8 1018182-021001 2/12/2007 Exhibit E-1 Ineress, Egress and Parkins Easement Area located on FRRC Tract EXHIBIT SHEET 1 OF 4 EASEMENT DESCRIPTION AN ACCESS EASEMENT LOCATED IN THE SOUTHEAST QUARTER OF SECTION 32. TOWNSHIP 7 NCRTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN. CITY OF FORT COLLINS, COUNTY OF LARIMER. STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL VERIOIAN BEARS N89'26'04"W COMMENCING AT THE SOUTHEAST CORSER OF SAID SECTION 32; THENCE N89026'04"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 32, A DISTANCE OF 960.18 FEET; THENCE NOO'03'42"W, A DISTANCE OF 309.91 FEET TO A POINT ON THE WESTERLY PROPERTY LINE OF SYMBIOS LOGIC OFFICE BULDING AS DESCRIBED UNDER RECEPTION NCMBER 19980005708 OF THE LARIMER COUNTY RECORDS; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID WESTERLY PROPERY LINE: 1. N 45'00'40" W. A DISTANCE OF 108. 86 FEET; 2. N 44058'32' E. A DISTANCE OF 1388 FEET TO THE POINT OF BEGINNING; THENCE N 45'03'34" W. A DISTANCE OF 2.26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 27006.51'. A RADIUS OF 130.50 FEET. AND AN ARC LENGTH OF 61.76 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 107`48.51'. A RADIUS OF 7.50 FEET, AND AN ARC LENGTH OF 14.11 FEET, THE CHORD OF WHICH BEARS N 53'54'26" E A DISTANCE OF 12.12 FEET; THENCE N 00'00'00" E A DISTANCE OF 190.27 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 43'13'10% A RADIUS OF 55.50 FEET, AND AN ARC LENGTH OF 41.87 FEET, THE CHORD OF WHICH BEARS N 21'36'35' E. A DISTANCE OF 40.88 FEET: THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 88'22'04', A RADIUS OF 2.50 FEET, AND AN ARC LENGTH OF 3.86 FEET; THENCE N 45'08'54" W. A DISTANCE OF 14,52 FEET; THENCE N 44'51'06" E. A DISTANCE OF 35.00 FEET; THENCE S 45008'54" E, A DISTANCE OF 14.50 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 90`00'CO'. A RADIUS OF 2.50 FEEL AND AN ARC LENGTH OF 3.93 FEET; THENCE N 44'51'06" E. A DISTANCE OF 5,00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 90000'00'. A RADIUS OF 2.50 FEET. AND AN ARC LENGTH OF 3.93 FEET; THENCE N 45' O8'54' W. A DISTANCE OF 14.50 FELT; THENCE N 44-51'06' E A DISTANCE OF 28.00 FEET; THENCE S 45"08'54" E. A DISTANCE OF 14.50 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 90'00'00". A RADIUS OF 2.50 FEET. AND AN ARC LENGTH OF 3.93 FEET; THENCE N 44651'06" E. A DISTANCE OF 1.95 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 44051'06", A RADIUS OF 2-50 FEET, AND AN ARC LENGTH OF 1.96 FEET; THENCE N 00°DO'00" W A DISTANCE OF 38. 51 FEET; THENCE N 90o00'00" E. A DISTANCE OF d1.00 FEET; THENCE S 00'00'00" E, A DISTANCE OF 2.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 9Oo00'00', A RADIUS OF 9.50 FEET, AND AN ARC LENGTH OF 14.92 FEET; Stantec Consulting Inc. 20DO S Colorddo Blvd Suite 2-300 Denver, CO 80222 Tel. 303,758. 4058 Faz. 303.758,4828 .wW'rwtec,w EASEMENT DESCRIPTION SE 1/4 OF SECTION 32 T7N, R 68 WOF THE 6TH PM CITY OF FORT COLLINS COUNTY OF LARIMER STATE OF COLORADO oRD£CT v0.- 'B7010251 DAM 01/24/07 cA) 01R- I•,HEET B CJP 721282 v8 1018182-021001 2/12/2007 G. Matters of Record; Easement "As Is". The rights to the Easement granted herein shall be subject to all matters of record as of the date hereof. Grantee hereby accepts the Easement in its "as is" condition, subject to the restrictions herein contained, and subject to all patent or latent defects, conditions, circumstances or problems of any kind or nature. H. Binding Effect. The Easement granted herein and the terms, conditions, burden and run with Grantor's Prope all rt restrictions and limitations contained herein shy and the Berm Easement Property, and shall inure to the benefit and use of Grantor and Grantee and their respective successors in title to Grantee's Property. the Berm Easement Property and 1. Insurance. Grantor and Grantee shall each insure themselves separately against liability, loss and damages arising out of the existence, use or operations of the m rovements. is= Lots lOatidla (as s-c(ntofiafar�t. P1at�f Fr�,tl?�� ahSII 1/'11n5e/�III. TERMand tlhfy �l,ari tNer, 5-lafc oT is&rccllo�This asement shall extend for a term ofand hall automatically terminate and be n further forcfifty (5)and effet upon ears from the dthe n o the foregoing term. Upon tenninati n I Grantor, tsraatae. shall promptly and at directed in writing by accordance with expense remove all Improvements in +s installed on the Berm Easement Property, and thereafter all rights and privileges erived from and all duties and obligations created and imposed by provisions of the Eas ment shall terminate and have no further force or effect; provided, however, that the term ation of this Easement shall not limit or affect any remedy at law or in equity that a party ma have against any other party with respect to any liability or obligation arising or to be perfo 1/�� under this Easement prior to the date of such termination. VoVa-l'"ekik/ KejvlreYhetl-� IV. MISCELLANEOUS 4.1 Estoonel Certificate. Each party agrees that within fifteen (15) days of written request from time to time of the other party, it will issue to a prospective mortgagee of such other Party or to a prospective successor party to such other party, an estoppel certificate stating: (a) whether the party to whom the request has been directed knows of any default by the requesting party under this Easement, and if there are known defaults, specifying the nature thereof; (b) whether this Easement has been assigned, modified or amended in any way by such party (and if it has, then stating the nature thereof); and LQIopFt6RM.isi%r=S-A%.)� H(')P 711?93 i Exhibit E-1 (Continued) EXHIBIT SHEET 2 OF 4 THENCE N 90°00'00" E, A DISTANCE OF 114.14 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 49°20'13% A RADIUS OF 34.50 FEET, AND AN ARC LENGTH OF 29.71 FEET TO A POINT ON THE NORTH LINE OF SAID SYMBIOS LOGIC OFFICE BuILaING; THENCE ALONG THE NORTH AND WEST PROPERTY LINES OF SAID SYMBIOS LOGIC OFFICE BUILDING THE FOLLOWING THREE (3) COURSES: 1. N 89°48'11" W, A DISTANCE OF 85.70 FEET; 2. S 00`10'49" W, A DISTANCE OF 219,53 FEET; 3. S 44058'32" W. A DISTANCE OF 173.30 FEET TO THE POINT OF BEGINNING: CONTAINING AN AREA OF 46.491 SQUARE FEET OR 1.113 ACRES, MORE OR LESS SUROEYOR'S STATEMENT I HEREBY STATE THAT THE ATTACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. GARY FASELT, PLS 25942 FOR AND ON BEHALF OF STANTEC CONSULTING INC. 25942 Stantec Consuldng Inc. 23DO S Colorado 91vd Suite 2-300 Denver, CO 80222 Tel. 3D3.758.4058 Fay. 303.758.4828 wwwstJrt.,Corn EASEMENT DESCRIPTION SE 1/4 CF SECTION 32 T 7 N, R 68 W OF THE 6TH PM CITY OF FORT COLLINS COUNTY OF LARIMER STATE OF COLORA00 PR3,ECT NO 1 R7n R' 01/24/07 B C1P 721282 v8 1018182-021001 2/12/2007 Exhibit E-1 (Continued) EXHIBIT SHEET 3 OF 4 n L14 —C6 <p LC5 a N C4 3 m v 0 o- o PARCEL CONTAINS N 48,491 SF 1.113 AC O N VC211�� SYI�BIOS LOGIC OFFICE BUILDING REC. NO. 19980005708 N44`58'33. GRAPHIC SCALE 80 1 ORICNAL SCALE = 80' POINT OF COMMENCEMENT SE CDR SEC 32 BASIS OF BEARINGS H1R1fOtti*i'JW.LL — S LINE SE 1/4 SEC_ 32 A E SURVEY. 'UoC.18' THIS EXHIBIT DOES NOT RDEPICT IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. THE E V: 51H7'tacilv�'1470'-0151'neyrnf x-p�Us'ArcrsxACl:ESSdCcwg 02.1:2f.:1710:.511:52AN''hI kwan Stantec 0511ItIna Inc. EASEMENT DESCRIPTION '10 EE' "° 2000 S Colorado 31vd 1870'0251 Suite 2-30300 ]cover, CO 80222 SE 1/4 OF SECTION 32 °sue Tel. 303.758.4058 T 7 N, R 68 W OF THE 6TH PN1 0'. /24/07 Fax. 303,758.4828 CITY OF FORT COLONS www.vtmteccom COUNTY OF LARIMER c°u J11; Sti EEr sbrftc STATE OF COLORADO I _.. .AIM T 1� A B CJP 721282 v8 1018182-021001 2/12/2007 Exhibit E-1 (Continued) EXHIBIT SHEET 4 OF 4 Stantec Consulting Inc.Tic. ySEMENT DESCRIPTION =a0£CT vo 2000 5 Colorado Blvd 1 870' 025' 5u@° 2-300 0°°v30 80222 SE 1/4 OF SECTION 32 'THE "'AT' .7 Tel. 303.758.4058 T 7 N. R 68 W OF6TH PM 0'. /24/07 FOK. 303.758A828 CITY OF FORT COLLINS �y,y� www. s'al'1°°.com COUNTY OF LARINER cAu Lwr zHCET- i-oftc STATE OF COLORADO .MH 4 OF 4 CURVE TABLE CURVE DELTA RADIUS LENGTH Ct 2/006'51" 13C.50' 61.76' C2 10708'57" 7.50' 1 .11' C3 3013'10" 55.50' 41.87' C4 88022'04" 2.50' 3.86' C5 90°00'00" 2.50' 3.93' C6 90000'00" 3.93' C7 90000'00" 2.50' 3.93' C8 057'06" 2.50' 1.96' C9 90°00'00" 9.50' 1 .92' C10 49°20'73" 34.50' 29.71' LINE TABLE LINE [TEARING DISTANCE L1 N °03'3 "W 2.26' L2 N00000'00" 190.2T L3 N45008'54"W 74.52' L4 N °51'06" 35.00' L5 S 5°08'S4" ' ,50' Lfi N44051'06"E 5.00' L7 N 5°08'S "W .50' L8 N44051'06" 28.00' L9 S45008'54"E '4.50' L10 N °51'06" 1.95' Lit N00000'00"W 38.51' L12 N90°CO'UO"E 31.00' L13 500000'00" 2. 5' L14 N90000'00" 11 .1 ' L15 N89°48" 1 "W 85.70' B C P 721282 v8 1018182-0210012/12i 200 In addition to the following 11 included as part of Exhibit D-1, EASEMENT DESCRIP71ON Exhibit E-2 description, Exhibit E-2 incorporates the legal description EXHIBIT SHEET 1 OF 2 AN ACCESS EASEMENT OVER AND ACROSS A PORTION OF SYM810S LOGIC OFFICE BUILDING AS DESCRIBED UNDER RECEPTION NUMBER 19980005708 OF THE LARIMER COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 32. TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS. COUNTY OF LARIMER, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHERLY LINE OF TIE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS NB9426'04"W; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE N89'26'04"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 32. A DISTANCE OF 960.18 FEET. THENCE N00'03'42'W, A DISTANCE OF 309.91 FEET TO A POINT ON THE WESTERLY PROPERTY LINE OF SAID SYMBOIS LOGIC OFFICE BUILDING; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID WESTERLY PROPERTY LINE: 1, N 45'00'40" W, A DISTANCE OF I08, 86 FEET, 2. N 44'58'32" E. A 015TANCE OF 13.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG WESTERLY AND NORTHERLY PROPERTY LINES OF SYMBOIS LOGIC OFFICE BUILDING THE FOLLOWING THREE (3) COURSES: 1. N 44'58'32" E. A DISTANCE OF 173.30 FEET; 2. N OUIO'49" E. A DISTANCE OF 219.53 FEET; 3. S 89'48'11" E, A DISTANCE OF 85.70 FEET; THENCE ALONG THE ARC OF A NON —TANGENT CURVE TO THE RICK HAVING A CENTRAL ANGLE OF 85'30'39", A RADIUS OF 34.50 FEET, AND AN ARC LENGTH OF 51.49 FEET, THE CHORD OF WHICH BEARS S 02'05'39" W. A DISTANCE OF 46.84 FEET; THENCE S 44'51'06" W. A DISTANCE OF 75.00 FEET: THENCE S 45'08'S4" E. A DISTANCE OF 91.88 FEET THENCE S 44.47'19" W, A DISTANCE OF 97-50 FEET; THENCE N 45'08'54" W, A DISTANCE OF 10.99 FEET-, THENCE S 44'51'06" W. A DISTANCE OF 182.78 FEET, THENCE N 45'03'34" W, A DISTANCE OF 19.80 FEET To THE POINT OF BEGINNING: CONTAINING AN AREA OF 19,063 SQUARE FEET OR 0.438 ACRES, MORE OR LESS SURVEYOR'S STATEMENT I HEREBY STATE THAT THE ATTACA{ED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. CARY FASELT, PLS 25942 FOR AND ON BEHALF OF STANTEC CONSULTING INC. 0 Stantec Consuldng Inc. 2000 S Colorado Blvd Suite 2-300 Denver, CO 80222 Tel. 303.758.4058 Fax. 303.758, 4828 wW.. slanteccoln EASEMENT DESCRIPTION SE '/4 OF SECTION 32 T 7 N. R 68 W OF THE 6TH PM CITY OF FORT COWNS COUNTY OF LARIMER STATE OF COLORADO Peb£CT NO 187010251 o« 01/24/07 oAa we 1"IIEET B CJP 721282 v8 1018182-021001 2712/2007 GRAPHIC SCALE 6 60 160 CRICI\AL SCALE: = 8C' Exhibit E-2 (Continued) EXHIBIT SHEET 2 OF 2 S89'48'11 "E 85.70�g5'30'39" R-34.50' - L-51.49' CHB=S02'05'39"W CH-46.84' Sy S44'51'06"W s' 75.00' 19 ��9. d Sv, PARCEL 9 F CONTAINS 19,063 SF 0.438 AC N45'08'54"W 4 10.99' �0� POINT OF ��� y� SYMBIOS LOGIC BEGINNING �a5 p0 OFFICE BUILDING � REC. NO. 19980005708 ti44'5fl'32"E p,�'� 1 S.68, N45'03'34"W yyS. 19.80' i9�S,p<L c o nI p POINT GF COMMENCEMENT SE COR SEC 32-1 I BASIS OF BEARINGS HAMONY jq.—k S LINE SE 1/4 SEC 32 N89'TE'Q}JAr THIS E%HBIT DOES NOT REPRESENT A MON-MENTED SURbEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. V?526"/1'.edlveV 870'OZ61'Baver'Ex X�Xs'Accesi ACCE55L.c wq S1,ne:2,-2620074:4':4' PM Stantn Consulting Inc. 20DO S Colorado Blvd Suite 2-300 Denver, CO 80222 Tel. 303. 758.4058 Fax. 303.758,4828 www. wrmtec.corn EASEMENT DESCRIPTION SE '/4 OF SECTION 32 T7N, R 68 WOF THE 6TH PM CITY OF FORT COLLINS COUNTY OF LARIMER STATE OF COLORADO 01a v0. 7n, 01/24/07 B C1P 721282 v8 10 18182-0210012/12/2007 F-11 9,600 SF F-12 12,400 SF LOT 7 1.614 acres Al� n. (4CNr Vµ4E 9E All - f L141PP4Y. LL„-., Exhibit E-3 .-1'gNbON YFUYLRIl44t EE SSbP awns +SEI EN! iG YE tH ,NI LJLGJ XANGEVGC RC RL-MRL h O L CnNPAY uL. GUN I. INb I4 3iv:.x PARAGON U ��- Dales S1Af1tEC —_- _ Fro n. a�rge Vilsgo- � n tk Ftn &,1 ns •.p F'fi9f .'-. B C]P 721282 v8 1018182-021001 2/12/2007 Exhibit F Temporary Construction Easements [Drawings A-1, B-1, C-1, F-1 and J-1] PARAGON POND EXISTING POND DEDICATED ROW, TO BE DEDICATED BY PARAGON TO CITY OF FORT COLLINS. CONTAINS: 1.786 s,(t HARMONY ROAD �. PARAGON A. r1r ui i z izuw ■ � � � � � � Cate: 1-17.2C07 rrorl Ran,;e Vllarw - 1' cr1&n ccumz.., 1. WC _N B CJP 721282 v8 1018182-021001 2/12/2007 Exhibit F (Continued) r u Fi I 00 III Y I Y 1 �1 I I Y-. I t a n i S_� I I ff 41 ,1 Z'�,,,.� l Qa0 IL 'l PARAG( R.1 HAHNONV HOW L Cate: 1-25.807 �IbC fmrt Ramie Vikqu �.. B CJP 721282 v8 1018182-021001 21112r'2007 Exhibit F (Continued) f it 1 I EXISTING I I f l O v Q l: ON ,.Ivs:159ti_ _ I� � ' N f P7 ry IIARMONY ROAD PARAGLJ pi r i lARV f.ONSrkUC,noN ■ — tale:s' 1_1 ]-CCU] from Racge V&gp GAIN. cnu.us B CJP 721282 v8 1018182-021001 2.122007 F 9,600 SF E I> F_12 12,400 SF \ \ a h: LOT 7 1.614 acres - RON:- RANGE RE TAIL COVPAW,I Exhibit F (Continued) PARAGON PROP-RTV IINE PARAGON c H } �R TFMPORARY CONSTRBC-ION f rnq,�;gt a f FASFMFN'. <yY�� CON'AINS;'32279 x.`2 k: ,rti r 3r �xR i 1ARVONY ROAD PARAGON FC I lAPOtAW )NSTRUCIpINFAS1 'I NT - ._._._-_.____--_. ___.___ ■ ■ ■ 1 '? C.ate: 1dE-�Ce7 $� from Range VIIaye VB N B GP 721282 A 1018182-0210012/12/2007 (c) that to the requested party's knowledge this Easement as of that date is in full force and effect. Such statement shall act as a waiver of any claim by the party furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent of any claims asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement, and who has acted in reasonable reliance upon the statement; however, such statement shall in no event subject the party furnishing it to any liability whatsoever, notwithstanding the negligent or otherwise inadvertent failure or such party to disclose correct and/or relevant information. 4.2 Liabilltv. The parties shall be liable for the performance of their respective obligations under this Easement, and injunctive and other relief, including specific performance, shall be available to enforce such obligations. However, upon any conveyance of the Grantee Property or the Berm Easement Property, as applicable, in whole or in part, to a third party, Grantee and/or Grantor, as the case may be, who shall have conveyed its respective parcel or part thereof, shall be forever released of any of its obligations hereunder which relate to the property or portion thereof so conveyed (except for any obligation which shall have accrued at or before the time of such transfer), and such obligations arising thereafter shall be enforceable only against the party who shall acquire title to such respective portion of the property conveyed. 4.3 Sineular and Plural. Whenever required by the context of this Easement, the singular shall include the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa. 4.4 Negation of Partnership. None of the terms or provisions of this Easement shall be deemed to create a partnership between the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each party shall be considered a separate owner, and no party shall have the right to act as an agent for another party, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged. 4.5 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Berm Easement Property or the Grantee's Property or of any portion thereof to the general public, or for any public use or purpose whatsoever. Except as herein specifically provided, no rights, privileges or immunities of any party hereto shall inure to the benefit of any third -party, nor shall any third -party be deemed to be a beneficiary of any of the provisions contained herein. 4.6 Severability. Invalidation of any of the provisions contained in this Easement, or of the application thereof to any person by judgment or court order shall in a no way affect any of the other provisions hereof or the application thereof to any other person and the same shall remain in full force and effect. -_5 13 ( M 721283 c5 loltlf_2 1621xa1r4;3or- Exhibit F (Continued) / 0.804 acres j LOT 8 I 1.458 acres I FRfnr 4AM1f.5 R� aP -EMPp+PXv ;l'J45-NJf:'I(`I. C9M1 INN'i: '<: o<.Ja I coo„¢,: by -0SS INSINLNI �.; :: ,w fAIVY, 5iaJ.'1 � PARAGON H ldRONKV: )NS IkUC IK)N FA51 :11 Ni Date: 1-17QC9 rrort Re l'c VYeOc dl .... ._ 'nd ^.y..H6 , B C1P 721282 v8 1018182-021001 2/12/2007 Exhibit G Approved Work [Drawings A-2, B-2, C-2, D-2, F-2, G-2, H-2, I-2 and J-2] PARAGON POND EXISTING COIR,FKIRiVAVFMENT AT INTERSECTION EXISTING ROW LINE PROPOSED ROW LINE CONSTUCT NEW SIDEWALK AND RAMP HARMONY ROAD I i i I I I Q 1 RELOCATE EXISTING ,�� UTILITIES _ - PROPOSED CURBING AND ISLAND EXISTING EDGE OF PAVEMENT PROPOSED EDGE - - -"' OFPAVEMENT ' PARAGON A.9 _ �U�'GLf-t R:YN V Date: 1-t7 r07 �- wort Ranpc Vlla9e r r1 on..)actl ..M'.e III B CJP 721282 v8 1018182-021001 2/12/2007 Exhibit G (Continued) Ij I PARAGON R-] �F FANA (1NV NOW ME I fror•I RanGc rAkrp -r_. , CIS, tairout.+ + B CJP 721282 v8 1018182-021001 21112 32007 I p4 Exhibit G (Continued) I 1 i 'ANALCry � I i I'I EXISTING j POND rnn-•c as <•eu�n'.lel.r. k:a 1 Q , +NGI'0.51.tl'n'SIf.Krd.1.Y / I� ANE' 9. / 1 W %STR66T1-i93. ` / 11 . —__--_--- _ (��i11lYY��J ,. HARMONY ROAN PARAGON C-2 N5T NLTION Date: 1-2t[007 Frort Pare Vllu9c .. su:m., B CJP 721282 v8 1018182-021001 2/12/2007 Exhibit G (Continued) F-12 II��iL ,400 SF (� ' IN � W LOT 7 1.614acre3 'x:pos�u I-��A',A 4ST111, y�rFTAvn SP' A:K r� ,j; IV 1 S, ^,Alx 1 _1: ,A JG�1'w 3 -r�^ry vc�.mn 'i f n: er mranv-n PARAGON } AT tiI JAC.FF� ccvplA9L V IRF'fy CC VG1w..C. I HARMONY ROAD L PARAGON P.? V Cate: 1-25.eC37 9hfldC frurl Renye lglafp as •i nib �.: nier:� B CJP 721282 v8 10 18192-02100121112,,2007 Exhibit G (Continued) k PARAGON'ROP=RT' I IN TIT F-11 9,600 SF \.,✓ fit. /` N, .. f �\ �`". PRO'OSEO PARKING 1 /' PARAGON _ 12,400 SF j/,' PROPOSED -ARKING LOT /R- 1F SPACCc ADOFD � t v' / ^' PROPOSED PARKm II OT WKNtG'ION DRIVEWAY 1 7'.1C S.F.PVMT. PROPOSED 1'ARKI VG LOT 2;i - PROPOSES. ';�JVL y TEMPORARY GOh5rRLC'ION LOT7 \ EASPMFNI W. 1.614 acres J aoN.- RnvcE Her,v_ 4VPAW, _ L ------------- I ^1AKVOVY ROAD ^ PARAGON fJ PAHO IMP-il l/l ME N .S ON PARAGON I oale:laeaLm $� Frorl Ran Ie V11a,le Sul-•F-L.�a�,�s B CJP 721282 V8 1018182-021001 2'1212007 Exhibit G (Continued) rae-E RT IIVF 1 F-11 9,600 SF�iil�� F-12 12,400 SF i� _✓f6k3 ,1rLYFlkhW ,�+� iEl LWiTR�T hi0 PARAGON AVJF <W(]LJI II e Jt\ VI M1'.. VI Nov TINY LOT 7 1.614 acres " PARAC30N ACC(GS F'ASI kT4T Cale: 1-25-2007 Frurl Re,e VIId9e u ....i. c-2 �Jr ,"I.r: -h'e ry B CJP 721282 v8 1018182-021001 2i12r2007 Exhibit G (Continued) I F-12 12,400 SF LOT 7 1.614 acres I i - t HARMONVROAD y PARAGON H•! y ,TI.ITvtnwVt'NT -_�- Date: 1- EQ001 rwrl Rame Vllaw ? PARAGON B C1P 721282 v8 1018192-021001 2/112/2007 Exhibit G (Continued) LOT 9 I s 1 4804 acres I 1 i tr it � I p -�A•.• FR."- y It FF-.al, / A c.�nra.v It'. U_ ' LOT 8 I' Z I� I 1A5Racres � d 1 � I i I pavA .,N I 1 I I 1 i J N ' I PARAGON ON la G4A�INC A ❑ NNAt$ [ ASf M'Ni Cale: 1-2a-2007 rrorl nj,v Voogo li 16 B CJP 721282 v8 1018182-02100I 2/ 12,/2007 Exhibit G (Continued) i~ 0.804 acres i I I I I i LOT 8 0 �; 1.458 acres 0 I, FROwT4M Fk .yL I CJM1Y4w L =. ' I II I I _ I I I / o 1 a0 1, 15 ErvIYuruµr I T c'.rv'u,;r'Icv I t I y I 7 I f / r f I :nos'tas,.w 1. f ! IS. VI v' y HCYJS-33 0. V PnRnGON J-0 — — I COWS 111II:rIl1NF ASI +dINi Dale 1-2G 091 _.. _ _... 9hi1dC r}arl Range VFage + 6 CJP 721282 v8 1018182-021001 21112/2007 4.7 Amendments. This Easement may be amended by, and only by, a written agreement signed by all of the then current owners of the Berm Easement Property and Grantee's Property and any such amendment shall be effective only when recorded in the office of the Larimer County Clerk and Recorder. No consent to the amendment of this Easement shall ever be required of any person other than the parties, nor shall any person other than the owner have any right to enforce any of the provisions hereof. 4.8 Captions and Capitalized Terms. The captions preceding the text of each article and section are included only for convenience of reference. Captions shall be disregarded in the construction and interpretation of this Easement. 4.9 Easement Shall Continue Notwithstandino Breach. It is expressly agreed that no breach of this Easement shall (i) entitle any party to cancel, rescind or, otherwise terminate this Easement or (ii) defeat or render invalid the lien of any mortgage made in good faith and for value as to any part of the Site. However, such limitation shall not affect in any manner any rights or remedies to which a party may be entitled hereunder by reason of any such breach. Notices Ally notice or other injtrument r uir�d or nermitted to be men or debvorgd,-1tt dQr the temts of this AQreoment shag he dgemed ko have been even and delivered. upon receit,when denostted in the t nitgd States i testae nr, enaid� certified or registered3 r tur receinI reouestt address as follower - If to Grantee Front Rye Retail iiv,[ ,LC. --_= c___12Bave* Prooertiee t t r - - - --72 Arlmaton Avenue Birntinham Alabama 3� t_5_ — _ Attn r en ral Cpun el w�th_a�opy to_ Baker�Donelson Beanm__ __ aldwel( —�� -- _ Berkowitz P C ---- - B!Lnsiz lltam Ala atna 5203 _ - ,---- Attn: Ms D-cois_Q W. Killel rgw If to Grantor _ I I o C orooration -_ —--1621-Barber Land _MIS D-106 __-_- Miloi as �hfomia 9�0 __7455. --__•- _--- ____,_ Attn• general o noel =- With[�opyto -. --=Hollaol�art• �"LP _----;200 =_ -_ -- ____laenyer. Coloradg 84�Q 1:51�%kRl 14Vfi ql-c..1)(W u SJP 7212K3 0 �QL$I8>422j OW 142_0Q Exhibit H Paragon Property to be Dedicated to the Citv of Ft. Collins. Colorado [Drawings A-1 and B-1 ] j PARAGON f POND I i EXISTING �' o POND h T DEDICATED ROW. TO BE I W DEDICATED BY PARAGON TO CITY OF FORT COLLINS. CONTAINS; 1.788 s.tt i HARMONY ROAD I ` PARAGON A., Mir lill tHOW Data: 1-17.2CJ7 40*c rwl Range Vll�.le y: At..CAP Cl.0 Ja y�:r t B C1P 721282 v8 1018182-021001 292i2007 Exhibit H (Continued) I 1 O � FFF I � II I �I .I ..,\. 0 ,r...� i r Al tom., PARAGi R,i HARVONY ROLN LidIE: id,''2007 IBC fmrl Ra,gc VB,,?, L. B GP 721282 v8 1018182-02100L 2,12,12007 Exhibit I Easement areas to be granted by Paragon to the City of Ft. Collins. Colorado [Drawings E-1, H-1 and I-1] F-12 12,400 SF �` v PARAGON .^-55 SF FVi TO BF ` LANU 1 Up'U1 HA\�_ NL'i.IL 1U!,11' N ..p^ LH90 III. LOT 7 _y 1.614 acres `� 1 ^::1 FfFfi:FKCY Ai!?SS =i'AT Fn.V .c RET4- ?ECK Tear FARA.CF ro cc+Hnw.iit. AINpJJOli� r::e 'I HARMONY ROAD PARAGON) F.1 Y�^ IWi W; v YA.]cF SS r AY narrrr ■ yy�� .._ __. __..._..—..__.__.. ■ 1 Date: idaBWT Frorl Renee Vpaq¢ t-:; Halo B CJP 721282 v8 1018182-021001 2/12/2007 Exhibit I (Continued) J' PARAGON F_12 12,400 SF; � V 1 AHnG M V H r'F F Y I INF ,� -AIICm LOT 7 1.614 acres � V 1 y'vinl- I 1 I I 1 J I HARMONY ROAD /f PARAGON H4 ` ",F11Y ASI'ISEN1 Dales 117-d07 $��[ f�orl F'el �VIW9e B CJP 721282 v8 10 19 182-021001 2/12/2007 Exhibit I (Continued) B CJP 721282 v8 1018182-021001 2/12/2007 WATER EASEMENT AGREEMENT THIS WATER EASEMENT AGREEMENT (this "Easement") is made as of February _, 2007, by and between FRONT RANGE RETAIL COMPANY, L.L.C., a Delaware limited liability company ("Grantor"), and LSI LOGIC CORPORATION, a Delaware corporation ("Grantee"). WITNESSETH WHEREAS, Grantee is the owner of certain real estate situated in Fort Collins, Colorado, and being more particularly described on Exhibit A attached hereto and made a part hereof (the "Grantee Property"); WHEREAS, Grantor is the owner of certain real property lying contiguous and/or adjacent to the Grantee Property and more particularly described on Exhibit B attached hereto and made a part hereof (the "Grantor Property"); and WHEREAS, Grantee desires to obtain an easement for the purposes of water delivery from the Grantor Property to the Grantee Property as more particularly hereinafter provided; and WHEREAS, Grantor is willing to grant such an easement as hereinafter set forth. NOW, THEREFORE, in consideration of the premises, and the covenants and conditions hereinbelow contained and Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: I. 1.1 Governmental Authorities. "Governmental Authorities" shall mean any federal, state, county, city or local governmental or quasi -governmental authority, entity or body (or any departmental agency thereof) exercising jurisdiction over a particular subject matter. 1.2 Governmental Requirements. "Governmental Requirements" shall mean all applicable laws, statutes, ordinances, codes, rules, regulations, orders, and applicable judicial decisions or decrees, as presently existing and hereafter amended, of any Governmental Authorities. 1.3 Person. "Person" shall mean any individual, partnership, firm, association, corporation, limited liability company, trust, or any other form of business or Governmental Authority. 1.4 Site Plan. "Site Plan" shall mean the site plan describing the improvements to be constructed on the Grantor Property by Grantor as generally depicted on Exhibit C attached hereto. As used herein, Site Plan shall include any modifications, revisions or amendment to the Site Plan attached hereto that have been approved in writing from time to time by Grantor and Grantee; provided, however, Grantee shall not unreasonably withhold its approval. B C1P 734764 v4 IOISIM2-021001 2/9Y2007 II. DECLARATION OF EA, EMENT. 2.1 Grant of Easement. Grantor hereby grants, bargains, sells and conveys to Grantee a non-exclusive, perpetual, easement (the "Easement"), for the delivery of water and maintenance of pipes (the "Improvements") materially consistent with the Site Plan, and for no other purpose, only upon the Grantor Property, expressly subject to the following terms and conditions: A. Construction; Volume. Grantor will, at its expense, size, construct and maintain the Improvements no later than July 22, 2008, that will deliver cubic feet of water per second of [ water to the Grantee Property. [Note: Need volumes]. Grantee has reviewed and approved the plans for the Improvements that will conduct the water. B. Reserved Rights of Grantor. The Easement granted and created hereby is non- exclusive, and Grantor hereby reserves for itself and its successors and assigns the right to use the Grantor Property or to grant to third parties the privilege of using such Grantor Property, for any lawful purpose, including but not limited to excavating, filling, constructing retaining walls, the installation of utilities and telecommunications lines, traffic safety devices, sidewalks, trails, signage, landscaping, parking and lighting, access roads and driveways, or for any other use not inconsistent with the terms hereof, and the granting of easements for such purposes, so long as such use does not interfere with Grantee's use of the Grantor Property as permitted hereunder. Without limiting the generality of the foregoing, and subject to the approval of any Governmental Authorities having jurisdiction over the Grantor Property, Grantor shall have the right to relocate any portion of the Easement so long as such relocation does not interfere with Grantee's use of the Grantor Property as permitted hereunder. Any such relocation shall occur by Grantor executing and recording in the real property records of Larimer County, Colorado, an amendment to this Easement, which amendment shall state the legal description of the revised Grantor Property, and shall not require execution or consent by Grantee. The effect of any such change shall be that after the recording of such an amendment, the benefits and obligations of this Easement shall accrue only to the Grantor Property as so revised; and this Easement shall cease to affect title to the portion of the Grantor Property not included in the legal description of the revised Grantor Property. C. Maintenance of Grantor Property. Grantor shall at all times maintain the Grantor Property and the Improvements in good, healthy and sightly order, condition and repair and in compliance with the Site Plan and all applicable Governmental Requirements. In the event of any damage to the Grantor Property (other than any damage caused by Grantee) Grantor will promptly, and at Grantor's cost and expense, promptly restore the Grantor Property and any Improvements located thereon consistent with the Site Plan. -2- B GP 734764 v4 1018182-021001 19r'2007 D. Breach. The parties agree that, in the event of a breach of any provision of this Easement, written notice of the breach shall be given by the non -breaching party to the other, and if, after thirty days the breaching party has not cured the breach or, if cure is not possible within thirty days, the breaching party has not commenced what curative measures are possible and is not prosecuting same to their timely completion in a commercially reasonable manner, then in addition to such contractual remedies as may be available at law, either party may ask a court of competent jurisdiction to enter a temporary and/or permanent restraining order, or an order for specific performance, to compel the breaching party to perform in accordance with the terms and conditions hereof. E. Matters of Record; Easement "As Is". The rights to the Easement granted herein shall be subject to all matters of record as of the date hereof. Grantee hereby accepts the Easement in its "as is" condition, subject to the restrictions herein contained, and subject to all patent or latent defects, conditions, circumstances or problems of any kind or nature. F. Binding Effect. The Easement granted herein and the terms, conditions, restrictions and limitations contained herein shall burden and run with Grantor's Property and the Grantor Property, and shall inure to the benefit and use of Grantor and Grantee and their respective successors in title to the Grantor Property and Grantee's Property. G. Insurance. Grantor and Grantee shall each insure themselves separately against liability, loss and damages arising out of the existence, use or operations of the Improvements. III. TERM This Easement shall extend for a term in perpetuity from the date hereof. If the parties agree to terminate this Water Easement Agreement, Grantor shall promptly and at Grantor's expense remove all Improvements installed on the Grantor Property, and thereafter all rights and privileges derived from and all duties and obligations created and imposed by provisions of the Easement shall terminate and have no further force or effect; provided, however, that the termination of this Easement shall not limit or affect any remedy at law or in equity that a party may have against any other party with respect to any liability or obligation arising or to be performed under this Easement prior to the date of such termination. IV. MISCELLANEOUS 4.1 Estoppel Certificate. Each party agrees that within fifteen (15) days of written request from time to time of the other party, it will issue to a prospective mortgagee of such other party or to a prospective successor party to such other party, an estoppel certificate stating: (a) whether the party to whom the request has been directed knows of any default by the requesting party under this Easement, and if there are known defaults, specifying -3- n CJP 734764 v4 1018182-021001 2nI/2007 the nature thereof; (b) whether this Easement has been assigned, modified or amended in any way by such party (and if it has, then stating the nature thereof); and (c) that to the requested party's knowledge this Easement as of that date is in full force and effect. Such statement shall act as a waiver of any claim by the party furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent of any claims asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement, and who has acted in reasonable reliance upon the statement; however, such statement shall in no event subject the party furnishing it to any liability whatsoever, notwithstanding the negligent or otherwise inadvertent failure or such party to disclose correct and/or relevant information. 4.2 Liabili . The parties shall be liable for the performance of their respective obligations under this Easement, and injunctive and other relief, including specific performance, shall be available to enforce such obligations. However, upon any conveyance of the Grantee Property or the Grantor Property, as applicable, in whole or in part, to a third party, Grantee and/or Grantor, as the case may be, who shall have conveyed its respective parcel or part thereof, shall be forever released of any of its obligations hereunder which relate to the property or portion thereof so conveyed (except for any obligation which shall have accrued at or before the time of such transfer), and such obligations arising thereafter shall be enforceable only against the party who shall acquire title to such respective portion of the property conveyed. 4.3 Sineular and Plural. Whenever required by the context of this Easement, the singular shall include the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa. 4.4 Neeation of Partnership. None of the terms or provisions of this Easement shall be deemed to create a partnership between the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each party shall be considered a separate owner, and no party shall have the right to act as an agent for another party, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged. 4.5 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Grantor Property or the Grantee's Property or of any portion thereof to the general public, or for any public use or purpose whatsoever. Except as herein specifically provided, no rights, privileges or immunities of any party hereto shall inure to the benefit of any third -party, nor shall any third -party be deemed to be a beneficiary of any of the provisions contained herein. 4.6 Severability. Invalidation of any of the provisions contained in this Easement, or of the application thereof to any person by judgment or court order shall in a no way affect any CE B UP 734764 v4 10 18 192-021001 19/2007 of the other provisions hereof or the application thereof to any other person and the same shall remain in full force and effect. 4.7 Amendments. This Easement may be amended by, and only by, a written agreement signed by all of the then current owners of the Grantor Property and Grantee's Property and any such amendment shall be effective only when recorded in the office of the Larimer County Clerk and Recorder. No consent to the amendment of this Easement shall ever be required of any person other than the parties, nor shall any person other than the owner have any right to enforce any of the provisions hereof. 4.8 Captions and Capitalized Terms. The captions preceding the text of each article and section are included only for convenience of reference. Captions shall be disregarded in the construction and interpretation of this Easement. 4.9 Easement Shall Continue Notwithstandiny Breach. It is expressly agreed that no breach of this Easement shall (i) entitle any party to cancel, rescind or, otherwise terminate this Easement or (ii) defeat or render invalid the lien of any mortgage made in good faith and for value as to any part of the Site. However, such limitation shall not affect in any manner any rights or remedies to which a party may be entitled hereunder by reason of any such breach. 4.10 Notices. Any notice or other instrument required or permitted to be given or delivered under the terms of this Agreement shall be deemed to have been given and delivered, upon receipt, when deposited in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows: If to Grantor: Front Range Retail Company, L.L.C. c/o Bayer Properties, L.L.C. 2222 Arlington Avenue Birmingham, Alabama, 35205 Attn: General Counsel With a Copy to: Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 1600 Wachovia Tower 420 North 20`h Street Birmingham, Alabama 35203 Attn: Ms. Denise W. Killebrew If to Grantee: LSI Logic Corporation 1621 Barber Lane, M/S D-106 Milpitas, California 95035-7455 Attn: General Counsel With a Copy to: Holland & Hart, LLP 555 17th Street, Suite 3200 -5- B C7P 734764 v4 1018182-021001 2i9/2007 4.1_1_ 4,-1 Time. Time is of the essence of this Easement. 4.12 4471-Nonwaiver. The failure of any party to insist upon strict performance of any of the terms, covenants or conditions hereof shall be deemed a waiver of any rights or remedies which that party may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terns, covenants or conditions. 4__13. 4.1 �A�alicable Law/Construction. This Easement shall be governed, construed, applied and enforced in accordance with the laws of the State of Colorado without giving effect to its conflict of law principles. 414 1.1-3-Entire Easement. This Easement, including the Exhibits hereto, set forth the entire understanding and agreement of Grantee and Grantor with respect to the Site; all courses of dealing, usage of trade and all prior representations, promises, understandings and agreements, whether oral or written, are suspended by and merged into this Easement. 4.15 4-1 i Force Majeure. In the event a Party shall be prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, unavailability of any utility service, restrictive Governmental Requirements, failure of any Governmental Authority to act within the timeframe customarily associated with such governmental action, riots, insurrections, the act, the failure to act, or default of another party or war (hereinafter "Force Majeure"), then performance of such act shall be excused for the period of the delay, not to exceed 6 months, and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay. Within ten (10) days following occurrence of Force Majeure, the party claiming a delay due to such event shall give written notice to the other setting forth a reasonable estimate of such delay. [Remainder of Page Intentionally Left Blank] 1 iUI11�Slil-i?M13 Li�.F4;-.{ 1E)(--'. 7SIR m,1 13.(7P7"2p3,i 1919193 0?Io0L1:44(H)' Denver, Colorado 80202 Atten: James B. Borgel, Esq. 4.11 Time. Time is of the essence of this Easement. 4.12 Nonwaiver. The failure of any party to insist upon strict performance of any of the terms, covenants or conditions hereof shall be deemed a waiver of any rights or remedies which that party may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terns, covenants or conditions. 4.13 Applicable Law/Construction. This Easement shall be governed, construed, applied and enforced in accordance with the laws of the State of Colorado without giving effect to its conflict of law principles. 4.14 Entire Easement. This Easement, including the Exhibits hereto, set forth the entire understanding and agreement of Grantee and Grantor with respect to the Site; all courses of dealing, usage of trade and all prior representations, promises, understandings and agreements, whether oral or written, are suspended by and merged into this Easement. 4.15 Force Majeure. In the event a Party shall be prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, unavailability of any utility service, restrictive Governmental Requirements, failure of any Governmental Authority to act within the timeframe customarily associated with such governmental action, riots, insurrections, the act, the failure to act, or default of another party or war (hereinafter "Force Majeure"), then performance of such act shall be excused for the period of the delay, not to exceed 6 months, and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay. Within ten (10) days following occurrence of Force Majeure, the party claiming a delay due to such event shall give written notice to the other setting forth a reasonable estimate of such delay. [Remainder of Page Intentionally Left Blank] !Q B OP 734764 v4 1018182-021001 2/92007 IN WITNESS WHEREOF, the parties have caused this Easement to be executed effected as of the day and year first above written. LSI LOGIC CORPORATION a Delaware corporation By: Name: FRONT RANGE RETAIL COMPANY, L.L.C., a Delaware limited liability company enters herein as mortgagee of the Grantor Property for the sole purpose of consenting to the foregoing Water Easement Agreement and subordinating its liens to the easement herein contained. Its: -7- B GP 734764 v4 1018182-021001 M/ 2007 State of County of The foregoing instrument is acknowledged before me this day of 2007, by Delaware corporation, on behalf of the corporation. Witness my hand and seal this day of Notary Public My Commission Expires: of LSI LOGIC CORPORATION, 2007. B CJP 734764 v4 1018182-021001 19/2007 State of _ County of The foregoing instrument is acknowledged before me this day of , 2007, by , of FRONT RANGE RETAIL COMPANY, L.L.C., a Delaware limited liability company, on behalf of the company. Witness my hand and seal this day of 2007. Notary Public My Commission Expires: B C1P 734764 v4 1018182-021001 2,42007 State of County of The foregoing instrument is acknowledged before me this day of 2007, by , of on behalf of the company. Witness my hand and seal this day of 2007. Notary Public My Commission Expires: 10- B C1P 734764 v4 1018182-021001 2,9/2007 Exhibit A Grantee Property A-1 B CJP 734764 v4 1018182-021001 2/9/2007 Exhibit B Grantor Property Im B C1P 734764 A 1018182-021001 2/9/2007 r Exhibit C Site Plan C-1 B C1P 734764 v4 1018182-021001 2/9/2007 REVOCABLE PERMIT FOR FRONT RANGE VILLAGE KNOW ALL MEN BY THESE PRESENTS: That the Grantor City of Fort Collins, a Colorado municipal corporation, of the County of Larimer and State of Colorado, (the "City"), in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant to the Grantee FRONT RANGE RETAIL COMPANY, LLC. ("the Permittee"), a nonexclusive, revocable permit authorizing the herein described use of, and access over, under and across the real property described on Exhibits "A" attached hereto and incorporated herein by this reference (the "Permit Area"); subject to the following conditions and requirements: 1. The Permittee shall be authorized to install and use the building components in the manner shown on existing Exhibit `B", consisting of 3 pages, attached hereto and incorporated herein by this reference, and no other improvements (including signage) shall be installed by the Permittee in the Permit Area. 2. Installation of the building components shall follow all conditions as set forth in the Development Construction Permit issued by the City of Fort Collins Engineer. Construction and maintenance of said components shall be the responsibility of the Permittee or its successors. 3. The Permittee hereby agrees that, in consideration for granting of this Permit, the Permittee shall promptly pay any taxes and assessments which may be levied, charged or imposed upon or against the premises as described in Exhibit A above, when due. 4. The Permittee shall be solely responsible for and shall defend, indemnify, keep and save harmless the City, its officers, agents and employees against any and all injuries, deaths, losses, damages, claims, suits or causes of action of any kind whatsoever which may hereafter arise, relating to or in any way arising from or as a consequence of the granting of the permit, or from any work performed thereunder, whether or not it shall be alleged or determined that the act or omission was caused by negligence of the Permittee or the Permittee's employees, or of any contractor or subcontractor or their employees, if any, or of the City or its officers, agents and employees. The Permittee shall, at the Permittee's sole expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if judgment shall be rendered against the City, its officers, agents or employees, in any such action, the Permittee shall, at the Permittee's sole expense, satisfy and discharge the same. 5. The Permittee, prior to issuance of any certificate of occupancy for the development, shall provide the City with evidence of general liability insurance covering and pertaining to the subject premises of this Permit, in the amount of One Million Dollars ($1,000,000.00) per occurrence in conjunction with an aggregate amount of Two Million Dollars ($2,000,000.00), and naming the City as an additional insured on all such policies. All insurance required hereunder shall be issued by an insurance company authorized to do business in Colorado which meets all of the requirements of the Division of Insurance for that purpose. Upon each yearly renewal of the Permittee's general liability insurance policy, the Permittee shall provide to the City proof of insurance coverage required herein. 6. The Permittee expressly understands and agrees that any insurance protection required by this Permit shall in no way limit the responsibility of the Permittee to defend, indemnify, keep and save harmless the City as hereinabove provided. 7. It is further expressly understood that the City shall not be liable to the Permittee for any loss, cost or expense which the Permittee shall sustain by reason of any damage to its property or business caused by or growing out of the construction, repair, reconstruction, maintenance, existence, operation or failure of any of the sewers, structures, streets, sidewalks or other works or equipment of the City now located or to be constructed upon said premises or upon the property of the City adjacent to said premises, or by reason of the City's exercise of any other rights which may be necessary in furtherance of its municipal purpose. 8. The Permittee also agrees that, if the City incurs any additional expense for work which the City would not have to incur if this Permit had not been executed, then, in that event, the Permittee agrees to pay to the City such additional expense, as determined by the City Engineer, promptly upon rendition of bills therefor to the Permittee. 9. This revocable permit is issued to the Permittee in connection with the development by the Permittee of Front Range Village. The Permittee shall record a Declaration of Covenants, Conditions and Restrictions of Front Range Village ("Declaration") for the development site adjacent to the land which is the subject matter of this revocable permit, which Declaration shall make specific mention of the existence and general content of this revocable permit. The Declaration shall provide for the creation of a management and/or business association pursuant to the Declaration ("Association"), which Association shall, among its other duties, assume and discharge the obligations of the Permittee pursuant to this revocable permit. Upon the recordation of the Declaration, (i) this revocable permit shall be deemed transferred from the original Permittee to the Association; (ii) the Association shall assume all duties and obligations of the Permittee hereunder; and (iii) Front Range Retail Company, LLC shall be released of any duties, obligations and liabilities pursuant to this revocable permit which arise subsequent to the recordation of the Declaration. Such transfer, assignment, assumption and release shall be self -effectuating and shall take effect automatically upon the Fa IN WITNESS WHEREOF, the parties have caused this Easement to be executed effected as of the day and year first above written. LSI LOGIC CORPORATION a Delaware corporation M FRONT RANGE RETAIL COMPANY, L.L.C., a Delaware limited liability company go enters erein as. m-g �aeee of the rantor-P�oerty for th�sole pumose of &pns nting_to the p--.-ing-Berm EasemejiA—A,reerp, ant subUdinattn eascmt herein co tan _its Dens o_ t]7g -' -- Name: Its: 6 fff Yam' U�i� I I_LJ?IiO, recording of the Declaration. Upon request by the City, the Association shall execute such documents as shall be requested by the City to further evidence such assignment and assumption of the duties and liabilities hereunder. 10. Inasmuch as the permit area remains public right-of-way, no person shall consume alcohol or engage in any other behavior in this permit area which would constitute a violation of the City Code. 11. In addition to the conditions set forth herein encompassing the areas defined in Exhibits A and B, the Permittee is authorized to install stamped and/or colored concrete sidewalk throughout the Front Range Village development. The ongoing maintenance and repair of said sidewalk shall be the responsibility of the Permittee or its successors. Both parties agree that the City, in its undertaking of maintenance and/or operation of City facilities in proximity to the stamped and/or colored concrete sidewalk throughout the development, may cause the need to remove and replace said sidewalk throughout the development. In such event, the City shall make every reasonable effort to replace said sidewalk to be compatible with the surrounding sidewalk system, however both parties agree that the City cannot be responsible for "matching" pattern and/or color of surrounding sidewalks. 12. The Permittee covenants and agrees that it shall strictly comply with any and all federal, state, county or municipal statutes, laws, ordinances and regulations which in any manner affect this Permit and any work done thereunder, or which control or limit in any way the actions of the Permittee its agents, servants and employees, or of any contractor or subcontractor or their employees. 13. The Permittee covenants and agrees that upon revocation of this Permit as hereinabove provided, the Permittee shall at no cost to the City, remove or cause to be removed any and all improvements, structures, facilities, equipment, debris, or other things erected or placed upon said premises, and will yield up said premises to the City in as good condition as when the same was entered upon by the Permittee. Upon the Permittee's failure to do so, the City may do so at the sole expense and cost of the Permittee. 14. This Permit constitutes the entire understanding of the parties hereto, and there are not oral or any other written understandings pertaining to the subject matter hereof. This Revocable Permit is issued in accordance with Sec. 23-83 of the City Code, which authorizes the City Manager of the City of Fort Collins to permit the use or occupation of any street, alley, or public place. This permit shall be revocable by the City Manager at his pleasure as is authorized pursuant to Sec. 23-83 (d) of the City Code. 3 WITNESS OUR HAND (S) AND SEAL (S) this day of May, 2008. OF f c SEAL TTEST: Wanda Krajieek, ty lerk GRANTOR: THE CITY OF FORT a mu I corporath By: City Manager AP 'ROVEgAS TO FORM: ��� W. Paul Eckman, Deputy City Attorney Exhibit A - PAc. c .Z A Parcel of land located in the Southeast Quarter of Section 32, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Basis of Bearings: The South line of the Southeast Quarter of Section 32, monumented at the Southeast Comer by a 3" Latimer County Brass Cap and monumented at the South Quarter Comer by a I" pipe in rangebox, is assumed to bear North 89°26'04" West. BEGINNING at the Southerly Point of Curve Return at the Northwest corner of Lot 13, Front range Village First Replat, a subdivision plat of record in Latimer County, whence the Southeast Comer of said Section 32 bears South 67°41'46" East, a distance of 1894.86 feet; Thence along the westerly line of said Lot 13, South 00°03'34" East, a distance of 11,33 feet: Thence along the arc of a non -tangent curve to the right having a radius of 72.77 feet, a central angle of 14°49'26", and an are length of 18.83 feet, the chord of which bears North 75124'33" West, a distance of 18.78 feet; Thence along the are of a non -tangent curve to the right having a radius of 65.33 feet, a central angle of 09'18'21", and an arc length of 10.61 feet, the chord of which bears North 25039'24" East, a distance of 10.60 feet; Thence along the arc of a compound curve to the right having a radius of 137,33 feet, a central angle of 05°07'34", and an arc length of 12.29 feet, the chord of which bears North 32052'21" East, a distance of 12.28 feet; . Thence along the arc of a compound curve to the right having a radius of 47.33 feet, a central angle of 16°44'50", and an are length of 13.83 feet, the chord of which bears North 43°48'33" East,, a distance of 13.79 feet; Thence along the arc of a compound curve to the right having a radius of 32.00 feet, a ccnnal angle of 18*04'57", and an are length of 10.10 feet, the chord of which bears North 61°13'27" East, a distance of 10.06 feet to the northwesterly line of said Lot 13; Thence along the northwesterly line of said Lot 13, along the arc of a non -tangent curve to (tie left having a radius of40.00 feet, a central angle of44°31'S0", and an arc length of 31.09 feet, the chord of which bears South 22°l2'21" West, a distance of 30.31 feet to the POINT OF BEGINNING; Containing a calculated area of 405 square feet or 0.009 acres, more or less David L. Swanson Colorado Professional Land Surveyor Registration Number 36070 V �33R7tt'•aeiived8;a1�35146nai`deowtnv 'survcykahoblPmcrwthmrnl-I�gul t62cI ��;.x�YS6.1u. February 26.20UN agwi& Pruded2.i26QW8 Pais 1 of t AREPRESENTATION OF EXHIBIT A - PA6a Z A PARCEL OF LAND LOCATED IN THE SE 1/4, SEC. 32, T. 7 N.. R. 68 W., 6TH PM CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO CURVE TABLE m�gzyiyxsy�>i�z�€s��9 ©RSiSF3gtFiFii�F7�'t9N'FF4f>F�i�iFih'19'. �iF4+SR5� � '° iLEL9�Lh�i17Ffg' COUNCIL TREE AVENUE (PRIVATE) TRACT E FRONT RANGE VILLAGE FIRST REPLAT "OARCEL a••�/ y Cy ` OF LAND, �t'�•10009 AC ;' Ga POINT OF BEGINNih S. PCR, NW COR, pop PIP f� u LOT 13, FRONT RANGE u_ 'VILLAGE FIRST REPLAT LINE TABLE UNEI BEARING DISTANCE UI SOOPOS34% _ 8AA3 OF BEARINGS Rom— S GN't~ Sf i 4, SEC- 32 N89'26'04'W 264726' S 1/4 COR., SEC. 32 FND 1- PIPE IN RANGE BOX Da,dd L Swonaon Colorado Profaaalond Land Surwyw Raphtrotiw Numoar 30070 LOT 13 FRONT RANGE VILLAGE FIRST REPLAT HARMONY ROAD (SH 68) ROW VARIES ASPHALT PAVED SE COR., SEC. 32 FND 3- LARIMER COUNTY BRASS CAP A N 0■ ■ 20' 30' a0' ORIGINAL SCALE: 1'-20' THIS. REPRESENTATION DOES NOT REPRESENT A NONUMENTED LAND SURVEY. `T IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. E'XMN3or'13" R, r CD x fa a g li 4� rg rr' a3: r9 �gr, ¢= rg '�:_ z s�` iji>3 _111;8 _- ' Y k (ICI Front Range Village Permit / Construction o s w , $ a i sl 8 ?; Fort Collins, Colorado Issue FEBRUARY 20, 2008 a b ; f. 2 2 m | | ; m,! 7 • | /• §) \ §. \ 00 }| > '\\ kZConstruction Front"l m` Permit Issue : Waal N3 / i c 'L - Vym 00 WV �g$ D AWr it i' y�l jI {R m It H I _ \ j� 9$ WW'I to e I !; iM $ ! 7 ip :.33 ____ _________ __ e� 4 I' Permit /Construction s p 5p=i� li WI �'I Front Range Village Issue a , _ iFort Collins, Coloudo H1 $i8 in X } 21F FEBRUARY 20. 2008 State of County of The foregoing instrument is acknowledged before me this _ day of ?) by of LSI LOGIC CORPORATION Delaware corporation, on behalf of the corporation. Witness my hand and seal this _ day of ?ElyE .2007. Notary Public My Commission Expires: r SIJa � i ��n•m, �,,; '— t �LI HLY 11o�U1 Iia20117