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HomeMy WebLinkAboutMULBERRY CONNECTION - FDP200030 - - EASEMENTSAGREEMENT REGARDING ROAD AND UTILITY EASEMENT AGREEMENT This Agre~~ent Regarding Road and Utility Easement Agreement (this "Agreement") is entered into this qi i:iay of November, 2020 ("Effective Date"), by and between Super Vacuum Manufacturing Co., Inc., a Colorado corporation, d/b/a Super Vacuum Manufacturing Company, Inc. ("SVMC"), whose street address is 3842 Redman Drive, Fort Collins, Colorado 80524, Bonfire, LLC, a Colorado limited liability company ("BONFIRE). whose street address is 231 North Chimney Park Drive Windsor, CO 80550, Poudre Valley Co-Operative Association, Inc., a Colorado corporation {"PVCOA"), whose street address is 225 NW Frontage Rd., Fort Collins, Colorado 80524, and Armie Management LLC, an Ohio limited liability company {"AM"), whose street address is 1855 South Pearl Street, Suite 20, Denver, Colorado 80210. SVMC, BONFIRE, PVCOA, and AM are sometimes referred to herein individually as a "~" and collectively as the "Parties." RECITALS A. SVMC and BONFIRE own the property with a street address of 3842 Redman Drive, Fort Collins, Colorado 80524 (the "SVMC-BONFIRE Property"). B. PVCOA owns the property with a street address of 225 NW Frontage Rd ., Fort Collins, Colorado 80524 (the "PVCOA Property"). C. PVCOA also owns the property consisting of approximately 20.19 acres, Larimer County Schedule No. R15245000, Parcel No. 8709000042 (the "Subject Property"). D. PVCOA is under contract {the "Contract") to sell a portion of the Subject Property to AM or its assigns (the "AM Parcel"). PVCOA and AM are in the process of subdividing the Subject Property into two parcels, one of which will be the AM Parcel. E. SVMC's and BONFIRE's predecessor and PVCOA entered into that certain Roadway Easement Agreement recorded in the real property records of Larimer County, Colorado on August 6, 1975, at Reception No. 123914 {"Existing Easement") over a portion of the area known as Redman Drive on the SVMC-BONFIRE Property. F. In connection with AM's intended development of the AM Parcel, the City of Fort Collins is requiring AM to obtain an access easement over Redman Drive. G. At AM's request, the Parties have agreed to terminate the Existing Easement and to enter into, execute and record the Road and Utility Easement Agreement attached hereto as Exhibit A {"New Easement") on the terms and conditions contained herein. NOW THEREFORE, for and in consideration of mutual covenants and agreements set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows : l . Agreement. SVMC, BONFIRE and PVCOA agree to execute and deliver the originally executed and acknowledged New Easement to Land Title Guarantee Company (the "Title Company") located at 772 Whalers Way, #100, Fort Collins, Colorado 80525, Attn: Amy Zscheile, Page I of 6 phone (970) 267-5019, email azscheile@lt!!c.com), within thirty (30) days following the Parties' execution of this Agreement. SVMC, BONFIRE and PVCOA further agree to diligently work to obtain lienholder consent, as applicable, to the granting of the New Easement, in a form substantially the same as that depicted on page 16 of 16 of the New Easement ("Lienholder Consent"}, which, upon execution and delivery to said parties, shall be promptly delivered to the Title Company (or, if obtained after closing, to AM). The Title Company shall hold the New Easement in escrow until closing on AM's purchase of the AM Parcel, at which time the New Easement will be recorded immediately subsequent to the recording of the deed from PVCOA to AM for the AM Parcel. In the event AM does not purchase the AM Parcel from PVCOA, then promptly upon the termination of the contract between AM and PVCOA, the Title Company shall return the New Easement to SVMC and BONFIRE and the New Easement shall not be recorded by the Title Company. In the event that the Title Company erroneously records the New Easement, AM shall cause to be prepared, at its cost, an instrument rescinding the New Easement and correcting the erroneous recording of the New Easement, in a form reasonably acceptable to SVMC and BONFIRE and PVCOA, and PVCOA, SVMC, and BONFIRE shall cooperate at no cost to PVCOA, SVMC or BONFIRE, as reasonably required to rescind the New Easement and to affirm the Existing Easement. The Parties agree to execute such rescission instrument upon presentation, and AM shall be responsible for its recordation with the Larimer County Clerk and Recorder's Office. 2. Consideration for Agreement. In consideration of BONFIRE'S and SVMC's agreement to enter into this Agreement, AM shall pay to BONFIRE and SVMC jointly the sum of Ten Thousand Dollars ($10,000.00) within seven (7) days of the Parties' execution of this Agreement. AM understands and agrees that this payment shall not be returned in the event that the closing contemplated in Section I above does not occur, AM terminates this Agreement pursuant to Section 4.i below, or for any other reason. Payment may be made to either BONFIRE or SVMC. Neither SVMC nor BONFIRE shall be obligated to execute the New Easement until such time as AM has made the payment herein described. 3. AM's Assigns and Legal Description of AM Parcel. References to AM throughout this Agreement shall also mean AM's assigns under the Contract between AM and PVCOA. Nothing herein shall be deemed to limit AM's right to assign its interest in the Contract, the AM Parcel or the New Easement. The Parties acknowledge that the entity taking title to the AM Parcel at closing under the Contract will be inserted into/identified in the New Easement prior to the recording of the New Easement. The Parties also acknowledge that a legal description for the AM Parcel is being created by subdivision, and that the legal description for the AM Parcel (and the Subject Property save and except the AM Parcel) will be inserted into the New Easement prior to the recording of the New Easement. 4. Cooperation. i. Ancillary Grants. SVMC and BONFIRE (and, as applicable PVCOA) agree to enter into (and diligently work to obtain Lienholder Consent for) the Ancillary Grants (as hereinafter defined). "Ancillary Grants" mean the following: (i) a sanitary easement to be granted to Boxelder Sanitation District in substantially the location identified in green on the site plan attached as Exhibit B hereto (the "Site Plan") and in the Page 2 of 6 form of the instrument provided at Exhibit C-1 hereto (the "Sewer Easement"), subject to any nonmaterial modification thereto requested by AM and approved by the Parties thereto, such approval not to be unreasonably withheld, conditioned or delayed (it being reasonable to deny any such request that would increase a Party's obligations or burdens, or decreases a Party's rights or benefits, thereunder); and (ii) a dedication to the State of Colorado or Larimer County to be granted to allow for a protected left turn lane from the 1-25 Frontage Road into Redman Drive in substantially the location identified in red at Exhibit B hereto (the "Turn Dedication"). and further provided that: (a) the size of the area of the Tum Dedication does not exceed the area identified in blue at Exhibit C-2 hereto ("Maximum Tum Lane Area"); (b) as between the Parties, AM shall be solely responsible for all costs associated with construction related to the Tum Dedication ("Turn Lane Work"), including restoration obligations pursuant to Section 8 of the New Easement, which shall likewise apply to the Turn Lane Work; and (c) neither SVMC nor Bonfire shall have any maintenance or other obligations regarding the turn lane or dedicated property. Ancillary Grants, once negotiated, as applicable, and in final form, shall be fully executed and acknowledged with originals promptly delivered into escrow; the escrow provisions provided in Section I of this Agreement (for the New Easement) likewise applying to the Ancillary Grants. Any failure of SVMC or BONFIRE to provide Lienholder Consent for the above Ancillary Grants within 45 day of AM's written request therefor (or SVMC or Bonfire's failure to obtain Lienholder Consent to the New Easement by December 15, 2020) shall give rise to AM's right to terminate this Agreement (and, as applicable, the New Easement) until the earlier of (i) the applicable Lienholder Consent is received by AM or (ii) AM's purchase of the Subject Property. If AM fails to exercise its right to terminate by such date, then such right shall be deemed forever waived. ii. Potential Additional Ancillary Grants. Prior to closing on AM's purchase of the AM Parcel (and thus subject to the escrow provisions, as aforesaid) and thereafter continuing until the date of Project Completion (as hereinafter defined), SVMC and BONFIRE (and, as applicable PVCOA) agree to negotiate in good faith and act reasonably to enter into low-voltage (phone and internet) and/or other utility easements requested by AM to serve the AM parcel, provided such utility service (i) is not otherwise reasonably available to the AM Parcel from the 1-25 Frontage Road, (ii) serves the AM Parcel only and (iii) is located on the AM Parcel as much as reasonably possible, and the following requirements are met (it being reasonable to deny approval if, without limitation, any one or more of such requirements are not met): (a) it must be non-exclusive and allow grantors to use the surface and subsurface of the easement area in any way that does not conflict with grantee's use of the easement area; (b) it must not contain any grantor indemnification obligations or waivers of liability; (c) it must be limited to a particular utility serving only the AM parcel; (d) it must permit all existing improvements within the easement area, including, by way of example and without limitation, signage, utilities, asphalt paving, concrete curbs and gutters, landscaping and landscaping irrigation, including trees or bushes, regardless of height, and the repair or replacement of such improvements; (e) it must not contain any grantor maintenance obligations Page 3 of 6 beyond routine maintenance of the surface of the easement area as required by applicable laws or regulations; (t) it must allow for the future installation of signage, landscaping and landscaping irrigation, excluding trees and bushes in excess of three (3) feet in height; (g) it must provide that grantee will restore the easement area, including repair or replacement of any improvements located thereon, after grantee conducts activities within the easement areas, at no expense to grantors; (h) it must limit grantee's access to the easement area to Redman Drive; (i) it must acknowledge that Redman Drive is the only access that grantors have to the building located on the SVMC-Bonfire Property and must provide that no more than one half of the width of Redman Drive may be closed off for any purpose related to the easement; U) it must provide that grantee shall provide grantors with advance notice of any closure of Redman Drive, with the amount of such advance notice being substantially similar to what is contained in the New Easements regarding closure of Redman Drive; (k) it must not allow grantee to install any above-ground improvement, except those necessary for utility marking purposes; (I) it must allow grantors to permanently alter the grade of the surface of the easement area; (m) it must not allow grantee to permanently alter the grade of the surface of the easement area; and (n) it must provide that grantee accepts the easement area as-is, including, but not limited to, any drainage issues present within the easement area. "Project Completion" means issuance by the City of Fort Collins of certificates of occupancy for both buildings (core and shell and tenant buildouts) identified on the Site Plan. For the avoidance of doubt, nothing in this Agreement shall obligate AM or anyone else to construct improvements on or to otherwise develop the Subject Property. The definition of "Ancillary Grants" shall also include any easements described in this Section 4(ii). iii. Attorney's Fees Related to Ancillary Grants. AM agrees that it shall be responsible for reimbursing SVMC and BONFIRE for reasonable attorney's fees and costs they incur after the Effective Date in connection with documentation of the Ancillary Grants, including, by way of example and without limitation, in connection with their preparation, review and/or execution ("Legal Fees"), up to $5,000.00 in the aggregate (the "Legal Budget"). Notwithstanding anything to the contrary, it shall be reasonable (and not bad faith) for SVMC or BONFIRE to stop work on Ancillary Grants if the Legal Fees exceed the Legal Budget, upon their providing written notice thereof to AM; provided however, SVMC and BONFIRE shall resume such work if and up to the extent that AM agrees in writing to increase the Legal Budget. 5. Reliance. The Parties enter into this Agreement with the understanding that: a) AM is contemplating the acquisition of the AM Parcel and that if AM acquires the AM Parcel it will do so in reliance on this Agreement; b) SVMC, BONFIRE and PVCOA agree that AM may rely on this Agreement; and c) in the event of a breach of this Agreement, each Party is entitled to the remedy of specific performance, in addition to other remedies that are available at law or in equity. 6. Miscellaneous Provisions. a. Recitals Incorporated. The Recitals set forth above are hereby incorporated into and made a part of this Agreement. Page 4 of 6 b. Entire Agreement. This Agreement represents the entire agreement and understanding among the Parties with respect to the subject matter hereof and it supersedes any and all prior oral and written agreements, arrangements and understandings among the Parties. This Agreement can be amended, supplemented or modified, tenninated (in whole or in part), and any provision hereof can be waived only by a written agreement of the Parties. c. No Waiver. No waiver of any violation of this Agreement shall be construed as, or constitute a waiver of any other breach or a waiver, acquiescence in or consent to any further or succeeding violation of the same or any other provision of this Agreement. d. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. All claims, disputes and other matters in question arising out of or relating to this Agreement, or the breach thereof, shall be decided by proceedings instituted and litigated in a court of competent jurisdiction in the County of Larimer, State of Colorado. e. Attorneys' Fees. If any Party shall commence any action or proceeding against any other Parcel Owner in order to enforce the provisions of this Agreement or to recover damages as a result of the alleged breach of any of the provisions of this Agreement, the prevailing Party shall be entitled to recover all reasonable costs in connection therewith, including reasonable attorneys' fees. f. Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision of this Agreement, and there shall be substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision. g. Authority. Each Party represents that it is duly authorized to enter into and execute this Agreement and all necessary action has been taken by the respective corporate, governmental or quasi~governmental or partnership entity of such Party and no further approvals or authorizations are required. h. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of such counterparts shall constitute one and the same agreement. [signatures on following page] Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. SVMC: Super Vacuum Manufacturing Co., Inc., a Colorado corporation, d/b/a Super Vacuum Manufacturing Company, Inc. By: _.....=:..;;:;.... _ ___,.. _____ _____:::::::-- Name: _~=--=.;,o<-=~....;..;::;..i.:a....;..;;;;;._;._ __ Title: _....1..:....2:.k..!!:.:.!::lL.:.. ______ _ BONFIRE: Bonfire, LLC, a Colorado limited liability company By:~~-N~m~~~d-,- T1tle: ___ ...S,...I.~-~""-------- PVCOA: Poudre Valley Co-Operative Association, Inc., a Colorado corporation By: __________ _ Name: ___________ _ Title: ____________ _ AM: Annie Management LLC, an Ohio limited liability company By: __________ _ Name: ___________ _ Title: ____________ _ Page 6 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. SVMC: Super Vacuum Manufacturing Co., Inc., a Colorado corporation, d/b/a Super Vacuum Manufacturing Company, Inc. By: __________ _ Name: ___________ _ Title: ------------- BONFIRE: Bonfire, LLC, a Colorado limited liability company By:------------- Name: ------------Title: ------------- PVCOA: Poudre Valley Co-Operative Association, Inc., a Colorado corporation AM: Annie Management LLC, an Ohio limited liability company By:-------------- Name: ------------Title: ------------- Page 6 of 6 IN WITNESS \,\THEREOF, the parties have executed this Agreement as of the date first written above. SVMC: Super Vacuum Manufacturing Co., Inc., a Colorado corporation , d/b/a Super Vacuum Manufacturing Company , Inc. By :--------------Name: ____________ _ Title: ____________ _ BONFIRE: Bonfire, LLC, a Colorad o limited liability company By: __________ _ Name: ____________ _ Title: ____________ _ PVCOA: Poudre Vall ey Co-Opera tive Association, In c., a C o lorado corporation By : __________ _ Name: ____________ _ Tit le: ____________ _ AM: Armie Management LLC, an Ohio limited liability company Page 6 of 6 EXHIBIT A (New Easement) [ enclosed herewith] EXHIBITB (Site Plan) ----------- = UTuTTlAltl«Nft»-1 ----- a Note: This Site Plan is limited to the purposes therefor expressly provided in this Agreement; all other detail is for illustrative purposes only and shall not bind the Parties in any way. EXHIBIT C-1 (Sewer Easement) DEED OF PERPETUAL EASEMENT (Underground Utility) Oeed or Perpetual Easement Page 1 THIS DEED , made this __ day of ___ _, 20_. between'.=""".,..,,...=-rawner"), whose address Is __ __, and BOXELDER SANITATION DI STRICT ("OiSbict"), a statutory special district and political subdivision of Ille State of COiorado, whose address Is 3201 East Mulbeny Unit a . Post Office Box 1518, Fort CODins. Colorado 80522. WITNESS ETH: 1. 111at for and in consideration of the covenants and agreements herein set forth, the sum of .,..-::---,---,-.....-----::,--==-:--:-,:--:--Oollars ($ ) and other good and valuable consideration in hand paid by the District to Ille Owner, the receipt and adequacy of whlch is hereby admowledged, the OWner, who is the recorded owner of that certain parcel of real property descnbed in Exhibit· A" (Note: Exhibit A is to be a legal desaiption of the parcel on which the easement is gn,nted) attached hereto and incorporated herein by this reference ("Property"), hereby grants, sells and conveys to the District, its successors and assigns, a perpetual no~ exdusive easement to instaH, construct, operate, maintaln, repair, reconstruct, replace, inspect, survey, and remove, at any time and from time to time, underground utilities and pipelines for sanitary sewer set'Vice for the exclusive benefit of PNSERT COMUNALE PROPERTY DESCRIPTION] i1duding all underground improvements and appurtenances thereto, on, along, and in all of the hereinafter desaibed more fully on Exhibits "B" and "C'". (Note: Exhibit B is to be a legal description or the easement, Exhibit c is to be a dn,wing on 8-1'2" x 11" sheet(s) of the easement) attached hereto and incorporated herein by this reference , to the extent reasonably necessary to exercise and accomplish the operational purposes. 2. 111e OWner further grants to the District (a} 111e light from lime to time to temporarily change the grade of the easement, and to enlarge, improve, reconstruct, relocate and replace any underground ubTdy lines, improvements or other appurtenances constructed hereunderwith any othernwnberortype of underground utilities and pipelines, or other structures either in the original location or at any alternate location or locations within said perpetual easement. Upon completion of such work, or any repairs to and/or maintenance thereof, the District shall return the grade to as near the original as possible. (b} The light to mar1c the location of said easement by suitable markers set in or on the ground; provided that permanent markers shall be placed in locations which will not interfere wrth any reasonable use the owner shaD make of said perpetual easement (c) The light to install gates and lodes in fences , which exist or may be constructed in the future, at the edge of or across the easement (d} The light to use Redman Drive , located [adjacenUabutting the easemeng • to access the easement, induding by District personne~ equipment and vehicles . In the event that Redman Drive is removed and Is not replaced with a road comparable in design and location, the light to instan and maintain a gravel access road within the prescribed easement area for lhe same purpose. The Olstrid acknowledges that Remnan Drive is the only road providing the OWner with access lo the Property and lhe business operating thereon. In recognition thereof, the District agrees that, in accessing the easement, or Deed of Perpetual Easement Page2 conducting activities therein , It shall not under any circumstance close or obstruct more than one half the width of Redman Drive at any time, and that prior to closlng or obstructing any part of Redman Drive, the District shall provide the Owner with no less than fourteen (14) days' advance notice, unless such partial closure or obstruction relates lo an emergency situation regarding the loss, or Imminent loss, of utilities service. The District further agrees that any partial closure or obstruction of Redman Drive shall be done In the least lmpactful manner practicable under the circumstances . 3. The Owner reserves the right to use said easement for purposes which will not Interfere with the District's full enjoyment of the right hereby granted; and the parties further agrpe that the uses of said easement by the Owner and the agreements concerning those uses shall be as follows : (a) Excluding Installation of business signage , which the Owner reserves the right to Install, and which the District hereby pennits, he Owner shall not erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or decrease or substantially Increase ground level, or plant any trees or shrubs whose height Is greater than 4-feet, which will interfere with the District's underground use or surface access. (b) The Owner shall not allow the installation of other utnilies in said easement without obtalnln g the written permisslo n of the District, which permission shall not be unreasonably withheld . The District acknowledges that the following utilities will be Installed within the easement concurrently with the District's utilities and the District hereby consents lo the installation of such utilities: easement for water service granted to East Larimer County Water District and easement for electrical service granted to the City of Fort Collins. (b) The Owner shall take no action which would impair or in any way decrease or substantially Increase the ground level, or the lateral , or subjacent support for, or which would interfere with the use of the aforementioned underground utility Jines, Improvements and appurtenances within the easement without obtaining the specific written permission of the District, which permission shall not be unreasonably withheld; (c) The Owner may use the easement for any and all lawful purposes consistent with the purposes set forth In this easement, Including but not limited to setbacks, density, open space, landscaping, roadways, and parking, so long as such uses do not Interfere with the continued use, maintenance and repair of, or cause damage to the facir.ties constructed hereunder within the easement; and (d) In the event any of the terms of this agreement are breached by a party hereto, or by any person In privily with such party, such tread, shall be immedlately corrected and eliminated upon receipt of notice from ltlim2Q-breachlng party, and If not corrected, the non- breaching party shall have the right to correct and eliminate such violation, and the breaching party, its heirs, administrators, successors and assigns, shall promptly pay the actual costs to correct said breach including, but not limited to, the non-b'eacmg party's reasonable attomeys' fees If such beach Is not corrected within a reasonable length of time following receipt of notice from the non-breachilg party, the non-breaching party shall also have the right to file appropriate proceedings to enjoin any breach and request specific performance of the conditions described herein, and the court shall award to the prevailing party all costs and fees Incurred in connection therewith, including reasonable attorneys' fees. This provision shall not preclude the District from recovery of damages to the improvements caused by the Owner's acts or omissions. (e) The District reserves the right to do all acts necessary to Immediately remedy any emergency or situation that may arise that disrupts or affects the utility. 4. The District hereby accepts the easement as-ls with all faults, In the condition existing as of the date of execution hereof, including the presence all Improvements located within the easement, Including, by way of example and without llmltatlon, private and public utilities, asphalt Deed of Perpetual Easement Page3 paving, concrete curbs and gutters, trees, bushes and other landscaping (regardless of height), landscaping irrigation and signage, as may be repaired or replaced by the Owner subsequent to the date of execution hereof, provided such replacement improvement is substantially similar to the original improvement, excluding the replacement of trees or bushes which wnt exceed four (4) feet in height, such improvements being expressly permitted hereunder. The District shall restore to its original condition , or as dose thereto as possible, except as necessarily modified to accommodate the facilities and appurtenances installed by the District, or repair any damages caused on said easement, or Improvements permitted by this easement, arising out of the construction or reconstruction , maintenance and repair of said underground utilities, pipefines, and appurtenances. 5. In case the District shall permanently abandon the easement herein granted, and cease to use the same. all right title and Interest hereunder of the District shall revert lo the Owner of the Property. 6 . The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation , promise, or consideration different from the terms herein contained shall be binding on either party , or its agents or employees, hereto. 7. The Owner warrants that it has full and lawful authority to make the grant hereinabove contained, and promises and agrees to defend the District in the exercise of its right hereunder against any defect in the Owner's title to the land involved or Owner's rights to make the grant hereinabove contained. 8. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs. personal representatives, successors and assigns. 9. The signatures hereto warrant that they have full and lawful authority to make the grant hereinabove contained on behalf of Owner. 10 . This Deed is not intended to, nor will it create, any rights in the public to the easement. 11 . The District hereby agrees that it shall not cause or permit any mechanic's lien, materialman's lien or any other lien to attach to the Property as a result of the District's activities In the easement or the exercise of its rights hereunder. If any such lien is recorded, the District shall cause the lien to be released, at its expense, within thirty (30) days after the same is recorded. If the lien Is not so released, then Owner may, al its option, obtain the release, in which case the District shall reimburse the Owner for the full cost of the release, induding, without limitation, reasonable attorneys' fees and costs. IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written. [Signature page follows) Slate of ____ _ ) ):SS. County of ____ ) OWNER: Deed of Perpetual Easement Page4 Full Name of Owner The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of ____ , 20_by ____________ -' State of Colorado ) ):SS. County of Larimer ) WITNESS my hand and official seal Notary Public My commission expires: ___ _ BOXELDER SANITATION DISTRICT: a statutory special district and political subdivision of the State of Colorado Brian§ District Manager The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of ___ __. 20_by Brian ZIGls as General Manager of Boxelder Sanitation District. WITNESS my hand and official seal Notary Public My commission expires:. ___ _ LEFT TURN LANE E)(HIBIT MULBERRY CONNECTION EXHIBITC-2 (Maximum Tum Lane Area) CIIAP,4CstAL( .. ,U, WY i Note: This drawing is limited to the purposes therefor expressly provided in this Agreement; all other detail is for illustrative purposes only and shall not bind the Parties in any way.