1. The recitals set forth above are ratified and confirmed by the parties and are hereby made a part of this Amendment.

Transcription

1 5 Pages DF: $ Kathleen Neel- Summit County Recorder : 36 AM THIRD AMENDMENT TO PUD AGREEMENT FOR THE RESERVE AT FRISCO THIS THIRD AMENDMENT TO PUD AGREEMENT FOR THE RESERVE AT FRISCO ( the Amendment ") is made and entered into as of the 11th of September, 2014, by THE RESERVE AT FRISCO ASSOCIATION, a Colorado nonprofit corporation ( referred to herein as ( " H. O. A. "), and THE TOWN OF FRISCO ( referred to herein as the "Town "). 11x411/ WHEREAS, the Reserve at Frisco LLC, a Delaware Limited Liability Company ( the " Reserve LLC') and the Town executed the PUD Agreement for the Reserve at Frisco ( the " Agreement') dated as of August 28, 1996, recorded as Reception No in the Office of the Clerk and recorder of Summit County, Colorado, pertaining to the development of the property in the Agreement; WHEREAS, the Reserve LLC is no longer authorized to do business in Colorado and has terminated its corporate existence in the State of Delaware; WHEREAS, all capitalized terms used herein, unless otherwise defined to the contrary, shall have the meanings ascribed to those terms in the Agreement; and WHEREAS, H. O. A. has requested, and the Town has agreed to amend the Agreement to amend the lot coverage requirements as currently defined. h_tv]:i4: 1I IALI IIII NOW THEREFORE, for and in consideration of the foregoing recitals, the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, H. O. A. and the Town hereby agree as follows: 1. The recitals set forth above are ratified and confirmed by the parties and are hereby made a part of this Amendment. 2. Subsection 9. 3 of the Agreement is hereby deleted in its entirety and amended to read as follows: All primary residential structures, garages and other improvements shall be constructed within the limits of Building Coverage for each lot as shown on the final plat(s). For purposes of this Agreement, Building Coverage shall mean the aggregate

2 of the following: ( 1) any areas covered by structures, excluding eaves up to two ( 2) feet in width measured perpendicular from the building ( except that any such eaves over impervious pavement or a deck shall be included within Building Coverage), ( 2) area of decks and impervious patios and ( 3) area of driveways and impervious sidewalks located within the lots. Pervious walks and patios shall be reviewed on a case by case basis and shall include materials set in a sand bed on grade with sand joints. Grouted materials, asphalt, concrete and the like shall be deemed impervious. The maximum Driveway width, excluding parking areas immediately adjacent to garages, must not exceed 12 feet. Pervious materials are subject to the Architectural Review Committee' s approval. Exterior patios and walkways constructed of pervious materials shall be limited to 25% above the allowable building coverage and shall be subject to the Architectural Review Board' s approval. A foundation only permit shall be issued and the building foundation completed prior to the issuance of a building permit. 3. Except as herein expressly amended, and as modified by the First & Second Amendments to the Agreement recorded under Reception No in the Clerk and Recorders Office, County of Summit, State of Colorado, the terms and provisions of the Agreement remain unchanged and in full force and effect. 4. This Amendment may be executed in separate counterparts by one or more of the parties hereto, each of which for all purposes is deemed an original, and all of which, collectively, constitute one Amendment. 5. In case of any conflict between the terms of this Amendment and of the First and Second Amendments and the Agreement, the provisions hereof shall prevail. IN WITNESS WHEREOF, this Amendment has been executed as of the date and year first set forth above. THE RESERVE AT FRISCO HOA By: H. O. A. By: L/ f Joe La, H. O. A. Member TOWN: THE TOWN By:, --- F FRISCO COUNCIL A Gary Wilkinson, Mayor

3 P1 1 t 9! /,, I r tlt At st: hna G, 44 Deborah Wohlmuth, CMC Town Clerk

4 PLANNING COMMISSION, TOWN OF FRIS By: na Skupien, Chairman The foregoing instrument was acknowledged before me this // day of50r6* 66e, 2014, by: Joe Lamb, Member of the H. O. A. for The Reserve at Frisco. My commission expires: Dot NOTARY ID N tary Public The foregoing instrument was acknowledged before me this day off by: Gary Wilkinson, Mayor of the Town of Frisco, and attested to bya7ae& t, G V L, 9 # the Town Clerk, on behalf of the Town Council of the Town of Frisco. My commission expires: NOTARY ID IIV"

5 The foregoing instrument was acknowledged before me this // day ofs0ififm6re, 2014 by: Donna Skupien Chairman of the Planning Commission for the Town of Frisco. My commission expires: ARZ.-Lo a0lt ry Public NOTARY ID