Exhibit 10.17
GENERAL ASSIGNMENT
THIS GENERAL ASSIGNMENT ("Assignment") is made as of March 14, 2000 by
WINDSOR WOODMONT, LLC., a Colorado limited liability company ("Assignor"), in
favor of WINDSOR WOODMONT BLACK HAWK RESORT CORP., a Colorado corporation
("Assignee").
RECITALS
--------
Assignor is the owner in fee simple of certain real property and
improvements ("Real Property") in the City of Black Hawk, County of ▇▇▇▇▇▇,
State of Colorado which is more fully described in.Exhibit "A" attached hereto.
Assignor and Assignee entered into that certain Contribution Agreement of
even date herewith ("Contribution Agreement") whereby, among other things,
Assignor agreed to convey fee title in the Real Property to Assignee, and
Assignee agreed to accept the Real Property on the terms and conditions stated
in the Contribution Agreement.
Pursuant to the contribution of the Real Property to Assignee, Assignor
desires to execute this Assignment in favor of Assignee.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, Assignor agrees as follows:
1 . Assignment. Assignor hereby sells, assigns, transfers and conveys to
Assignee all of Assignor's right, title and interest now owned or hereafter
acquired in and to: (a) all liabilities incurred by Assignor in connection with
its acquisition and ownership of the Real Property, which liabilities are
described in Exhibit "B-1" attached hereto ("Liabilities"); and (b) the
contracts listed on Exhibit "B-2" attached hereto ("Contracts");
2. Representations and Warranties of Assignor . Assignor represents and
warrants to Assignee that, as of the Closing Date (as defined in the
Contribution Agreement), except as disclosed to Assignee in the Contribution
Agreement: (a) Assignor has not assigned or granted a security interest in any
of the Contracts or Liabilities to anyone other than (i) ▇▇▇▇▇▇▇ Funding, Inc.,
under that certain Deed of Trust dated September 22, 1997, executed by Assignor,
1
as trustor, for the benefit of ▇▇▇▇▇▇▇ Funding, Inc., as beneficiary, recorded
on October 6,1997, in Book 627, at Page 261, in the Official Records of ▇▇▇▇▇▇
County, Colorado, as amended, (ii) National Westminster Bank, under that certain
Deed of Trust dated July 2, 1998, executed by Assignor, as trustor, for the
benefit of Westminster National Bank as beneficiary, recorded on July 7, 1998,
in Book 645, at Page 38 1, in the Official Records of said county, (iii) Natwest
Capital Markets Limited, et alia, under that certain Deed of Trust dated July 2,
1998, executed by Assignor, as trustor, for the benefit of Natwest Capital
Markets Limited, et alia, as beneficiary, recorded on July 7, 1998, in Book 646,
at Page 74, in the Ofricial Records of said county, and (iv) Mahogany Ridge,
L.P., under that certain Deed of Trust dated January 16, 1998, executed by
Assignor, as trustor, for the benefit of Mahogany Ridge, L.P., as beneficiary,
recorded on January 21, 1998, in Book 633, at Page 131, in the Official Records
of said county (said deeds of trust are collectively referred to herein as the
"Deeds of Trust"), which Deeds of Trust will be released of record as of the
Closing Date; (b) Assignor's interests therein are not subject to any lien,
encumbrance, claim, set-off or deduction; (c) Assignor is not in default and
that no event has occurred that with notice or lapse of time or both would
constitute a default by Assignor under any of the Liabilities or Contracts; (d)
none of the Liabilities or Contracts have been amended or modified except as
described in Exhibit "B- 1 " or Exhibit "B-2" attached hereto; (e) as of the
date hereof, Assignor has provided to Assignee true, correct and complete copies
of the Liabilities and the Contracts and they are in full force and effect; (f)
the sale of the Real Property and the assignments described above shall not
constitute an event of default under any of the Liabilities or Contracts which
would permit a party to terminate its agreement or give rise to an action for
damages; (g) the Liabilities and the Contracts and any amendments thereto,
accurately state the terms of the agreement between Assignor and any signers to
the Liabilities and the Contracts; (h) that this is a present, complete and
absolute assignment, Assignor having contributed the Liabilities and Contracts
to Assignee for a fair and adequate consideration; (i) this Assignment is freely
and fairly made; 0) this Assignment is not intended as security of any kind; (k)
Assignee has advised Assignor to consult an attorney concerning this Assignment;
(1) Assignor understands the effect of this Assignment; and (m) Assignor is not
acting under any duress, undue influence or coercion by Assignor or any of its
representatives, agents or attorneys.
3. Additional Instruments. Assignor hereby agrees to execute and deliver
such additional assignments and other documents, including consents to such
assignment, as Assignee may request in order to implement the purpose and intent
of this Assignment.
2
IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date
first above written.
Assignor:
---------
WINDSOR WOODMONT, LLC,
a Colorado limited liability company
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
----------------------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇, Manager
3
EXHIBIT "B-1"
Liabilities
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1 Taxes. Delinquent real property taxes and assessments, as set forth in
Item GG of Schedule B, Section I of the Title Commitment No. FG13671 C-3, dated
February 7, 2000, issued by First American Title Company.
2. Excavation Work. Liability to the City of Black Hawk for certain land
improvements pursuant to bench excavation permit issued by the City of Black
Hawk, which work is being performed by West Valley Construction for the City of
Black Hawk and the costs therefor will be reimbursed to the City of Black Hawk
by the owner of the Real Property.
4
EXHIBIT "B-2"
Contracts
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1 Architect Agreement. Standard Form of Agreement Between Owner and
Architect with Standard Form of Architect's Services (AIA Document B 141-1997,
1997 Edition Electronic Fon-nat) dated January 31, 2000, by WWLLC as Owner and
▇▇▇▇ ▇▇▇▇▇▇▇▇, Ltd. as Architect, as affected by that certain Settlement
Agreement of even date therewith by and among in part WWLLC as Owner and ▇▇▇▇
▇▇▇▇▇▇▇▇, Ltd. as Architect.
2. Excavation Agreement. Standard Form of Agreement Between Owner and
Contractor (AIA Document A 10 1 /CMa) dated May 14, 1998 by and between WWLLC as
Owner and ▇. ▇. ▇▇▇▇▇▇▇▇ & Sons, Inc.("▇▇▇▇▇▇▇▇"), as Contractor. Said agreement
was amended and supplemented pursuant to (i) that certain Supplement to AIA
Document A 10 1 /CMa Standard Form of Agreement Between Owner and Contractor ;
(ii) that certain Amendment, dated June 15, 1998 (the " First Amendment") by and
between WWLLC as Owner and ▇▇▇▇▇▇▇▇ as Contractor; and (iii) that certain Second
Amendment to Standard Forrn of Agreement Between Owner and Contractor (the
"Second Amendment"), dated December 3 ) 1, 1999, by and between WWLLC as Owner
and ▇▇▇▇▇▇▇▇ as Contractor, as the same are affected by that certain Settlement
Agreement dated January 1, 2000, by and between WWLLC as Owner and ▇▇▇▇▇▇▇▇ as
Contractor.
3. General Construction Agreement. Standard Form of Agreement Between Owner
and Contractor dated January _, 2000, by and between WWLLC as Owner, and PCL
Construction Services, Inc., as Contractor.
5
Exhibit A
Legal Description
LOT I
A TRACT OF LAND IN THE SOUTH ONE-HALF OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE ▇▇
▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇.▇., ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ OF ▇▇▇▇▇▇, STATE OF COLORADO,
BEING A PART OF THE IfUDDLESTON EXTENSION, THE ELEPHANT LODE, THE EAGLE NEST
LODE, AND CERTAIN TRACTS ON THE WEST SIDE Or ▇▇▇▇▇▇▇ STREET, ALL BEING PART OF
THE LANDS DESCRIBED IN BOOK 627 PAGE 226, BOOK 627 PAGE 228, BOOK 627 PAGE 230,
BOOK 627 PAGE 232, BOOK 627 PAGE237, BOOK 627 PAGE 24 1, BOOK 627 PAGE 254, AND
BOOK 628 PAGE 35, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH BEARS N. 42006'59"E A DISTANCE OF 628-59 FEET FROM
CORNER NO. 21 OF THE SECURITY PLACER, MINERAL SURVEY NO. 5664; THENCE ALONG THE
FOLLOWING COURSES: THENCE S00045'35"E. A DISTANCE OF 177.47 FEET TO A POINT.
THENCE ON A NON-TANGENT CURVE TO THE RIGHT CONTAINING A CENTRAL ANGLE OF
35049'51 ", A RADIUS OF 255.50 FEET, AN ARC LENGTH OF 159.78 FEET, A CHORD
BEARING OF S I 7009'20"W, A CHORD DISTANCE OF 157.19 FEET TO A POINT; THENCE
S64030'00"W, A DISTANCE OF 75.71 FEET TO A POINT, THENCE ON A CURVE TO THE RIGHT
CONTAINING ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇'▇▇", A RADIUS OF 1298.20 FEET, AN ARC LENGTH
OF 246.63 FEET, A CHORD BEARING OF N56049'58"W, A CHORD DISTANCE OF 246.26 FEET
TO A POINT; THENCE N51027'30"W, A DISTANCE OF 241.02 FEET TO A POINT; THENCE
N2901 I'40"E, A DISTANCE OF 12.36 FEET TO A POINT; THENCE N53019'44"W, A
DISTANCE OF 117.41 FEET TO A POINT, THENCE N52030'00"E, A DISTANCE OF 571.84
FEET TO A POINT, THENCE S 17013'3 8"E, A DISTANCE OF 79.93 FEET TO A POINT;
THENCE ON A CURVE TO THE LEFT CONTAINING ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇'▇▇", A RADIUS
OF 219.50 FEET, AN ARC LENGTH OF 38.45 FEET, A CHORD BEARING OF S22014'42"E, A
CHORD DISTANCE OF 38.40 FEET TO A POINT; THENCE S27015'45"E, A DISTANCE OF
181.68 FEET TO A POINT; THENCE ON A CURVE TO THE RIGHT CONTAINING ▇ ▇▇▇▇▇▇▇
▇▇▇▇▇ ▇▇ ▇▇▇▇▇'▇▇", A RADIUS OF 180.50 FEET, AN ARC LENGTH OF 83.49 FEET, A
CHORD BEARING OF S 14000'40"E, A CHORD DISTANCE OF 82.75 FEET TO ▇▇▇ ▇▇▇▇▇ ▇▇
▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ OF COLORADO.
Page 1 of 20
PARCEL R
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TRACT OF LAND SITUATE ON THE EAST SIDE OF ▇▇▇▇▇▇▇ STREET IN THE CITY OF
BLACK HAWK, DESCRIBED AS FOLLOWS: STARTING AT HIGHWAY #119 RIGHT-OF-WAY
MONUMENT STATION 842+40. THENCE NORTH 2302 1'40" WEST, 142.92 FEET TO THE
NORTHWEST CORNER OF TRACT DESCRIBED IN BOOK 279 AT PAGE 221. THENCE NORTH
13046'40" EAST, 125.23 FEET TO THE POINT OF BEGINNING ON THE ▇▇▇▇▇ ▇▇▇▇ ▇▇
▇▇▇▇▇ #▇ DESCRIBED IN BOOK 269 AT PAGE 309, WHENCE BY RECORD THE ▇▇▇▇▇▇
▇▇▇▇▇▇▇, SUR. #551, COR. #4 BEARS SOUTH 4-07-40" EAST, 34.8 FEET AND A WALL
CORNER BEARS EAST 1.6 FEET. THENCE NORTH 3'03'WEST, 66.55 FEET ALONG WALL
LINE, THENCE NORTH 1'40'40" EAST, 45.44 FEET ALONG WALL LINE, THENCE EAST
100 FEET THENCE SOUTH 1'40'40" WEST 45.44 FEET. THENCE SOUTH 3'03'EAST,
66.55 FEET, THENCE WEST 100 FEET, MORE OF LESS, ALONG THE NORTH BOUNDARY
LINE OF TRACT #4 AS DESCRIBED IN BOOK 269 AT PAGE 309, TO THE POINT OF
BEGINNTNG, COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO
PARCEL S
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THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED AUGUST 4,1970, IN BOOK 267
AT PAGE 402, ▇▇▇▇▇▇ COUNTY, COLORADO, DESCRIBED AS FOLLOWS: A TRACT OF LAND
ADJOINING THE EASTERLY SIDE OF ▇▇▇▇▇▇▇ STREET, MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO WIT: COMMENCING AT A POINT ON THE NORTHERLY SIDE LINE OF
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ MINING CLAIM, UNITED STATES MINERAL SURVEY NO. 551,150
FEET EASTERLY OF CORNER NO. 4 OF SAID CLAIM, THENCE WEST TO THE EASTERLY
BOUNDARY OF SAID ▇▇▇▇▇▇▇ STREET; THENCE SOUTHERLY ALONG THE SAID BOUNDARY
OF ▇▇▇▇▇▇▇ STREET TO A V:.. INCH REBAR WHICH BEARS SOUTH 20024'WEST 92.7
FEET FROM A CAPPED R-EBAR MARKED 4/55 1, BEING ▇▇▇▇▇▇ ▇▇. ▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇
▇▇. ▇▇ ▇; THENCE SOUTH 68006'EAST TO A PONT OF INTERSECTION IN THE WESTERLY
END OF SAID SURVEY NO. 55 1; THENCE NORTHERLY TO SAID ▇▇▇▇▇▇ ▇▇. ▇ ▇▇ ▇▇▇▇
▇▇▇▇▇▇ ▇▇. ▇▇▇; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID SURVEY NO.
551 TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF AS MAY CONFLICT
WITH THE ▇▇▇▇▇ TRACT, BLACK HAWK CITY TITLE,
COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO
Page 2 of ▇▇
▇▇▇▇▇▇ ▇-▇
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THAT PORTION OF THE ▇▇▇▇▇ ▇▇▇▇ OR TRACT, AS DESCRIBED IN DEED RECORDED
NOVEMBER 25,1898, IN BOOK 135 AT PAGE 274, CITY OF BLACK HAWK, LYING WITHIN
THE BOUNDARIES OF PARCEL S, ABOVE,
COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO
PARCEL T
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THAT PART OF THE ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ MINING CLAIM, UNITED STATES SURVEY NO.
55 1, LYING WESTERLY OF A LINE THAT IS PARALLEL TO THE END LINES OF SAID
MINING CLAIM AND INTERSECTS THE NORTHERLY SIDE LINE THEREOF AT A POINT 150
FEET EASTERLY OF CORNER NO. 4 OF SAID ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ MINING CLAIM,
EXCEPT THAT PART DESCRIBED AS FOLLOWS. A TRACT OF LAND IN THE SOUTH V, OF
SECTION 7, TOWNSHIP 3 SOUTH, RANGE ▇▇ ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇.▇., ▇▇▇▇ ▇▇ ▇▇▇▇▇
▇▇▇▇, ▇▇▇▇▇▇ OF ▇▇▇▇▇▇, STATE OF COLORADO, BEING A PART OF THE ▇▇▇▇▇▇
▇▇▇▇▇▇▇ ▇▇▇▇, MINERAL SURVEY NO. 551, FROM WHICH POINT OF BEGINNING CORNER
NO. 3 OF SAID ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ BEARS S 19045'00" E A DISTANCE OF 11.28
FEET, AND THE WEST 1/4 ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇, ▇▇▇▇▇ 72 WEST
BEARS N 72003'49" W, 3364.64 FEET, AND CORNER NO. 21 OF THE SECURITY
PLACER, MINERAL SURVEY NO. 5864 BEARS S 75048'09" W A DISTANCE OF 535.15
FEET; THENCE N 19045'00"W ALONG LINE 3-4 OF SAID ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ A
DISTANCE OF 17.17 FEET; THENCE S 8 7'50'5 1 " E, PARALLEL WITH AND 3 FEET
NORTHERLY OF A CONCRETE RETAINING WALL, A DISTANCE OF 6.15 FEET, THENCE S
1014'25" W, PARALLEL WITH AND 3 FEET EASTERLY OF A CONCRETE RETAINING WALL,
A DISTANCE OF 15.93 FEET TO A POINT ON SAID LINE 3-4, THE POINT OF
BEGINNING, AND EXCEPT ANY PORTION THEREOF LYING WESTERLY OF THE EASTERLY
BOUNDARY OF ▇▇▇▇▇▇▇ STREET AS DETERMINED BY THE BOUNDARY AGREEMENT WITH THE
CITY OF BLACK HAWK WHICH IS TO BE RECORDED, AND EXCEPT ANY PORTION CONVEYED
TO ▇▇▇▇▇▇▇ PROPERTIES LIMITED LIABILITY COMPANY BY BOUNDARY SETTLEMENT AND
REAL PROPERTY TRADE AGREEMENT RECORDED JUNE 29,1998, IN BOOK 644, PAGE 409.
AND EXCEPT ANY PORTION CONVEYED BY DEEDS RECORDED IN BOOK 644 AT PAGES
402,405, AND ▇▇▇, ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇
Page 3 of 20
WHICH PROPERTY, PARCELS R, S, S-1 AND T. ARE ALSO DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE SOUTH 112 OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE ▇▇
▇▇▇▇ ▇▇ ▇▇▇ ▇▇" ▇.▇., ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ OF ▇▇▇▇▇▇, STATE OF
COLORADO, WHICH BEGINS AT A POINT ON THE EAST LINE OF ▇▇▇▇▇▇▇ STREET, AND
FROM WHICH POINT OF BEGINNING THE WEST 114 CORNER OF SAID SECTION 7 BEARS
N72030'37"W, 3271.41 FEET, AND CORNER NO. 21 OF THE SECURITY PLACER,
MINERAL SURVEY NO. 5864 BEARS S670 I O'39"W A DISTANCE OF 475.05 FEET;
THENCE N 13`2 I'OO"E ALONG SAID EAST LINE OF ▇▇▇▇▇▇▇ STREET A DISTANCE OF
116.56 FEET TO A POINT, THENCE LEAVING SAID ▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇,
▇▇▇'▇▇'▇▇"▇ A DISTANCE OF 8.06 FEET, THENCE N3003'00"W A DISTANCE OF 72.83
FEET; THENCE N 1040'40"E A DISTANCE OF 45.44 FEET; THENCE N90000'00"E A
DISTANCE OF 100.00 FEET; THENCE S 1040'40"W A DISTANCE OF 45.44 FEET;
THENCE S 03003'00"E A DISTANCE OF 72.83 FEET; THENCE N90000'00"E A DISTANCE
OF 64.87 FEET TO A POINT ON LINE 4-5 OF THE ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, MfNERAL
SURVEY NO. 55 1; THENCE S 19045'00"E A DISTANCE OF 150.90 FEET TO A POINT
ON LINE 2-3 OF SAID ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇; THENCE S76030'00"W ALONG SAID LINE
2-3 A DISTANCE OF 150.00 FEET TO CORNER NO. 3 OF SAID ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇;
THENCE N I 9045'00"W ALONG LINE 3-4 OF SAID ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, A DISTANCE
OF 11.28 FEET; THENCE NO 1 0 14'25"E, PARALLEL WITH AND 3 FEET EASTERLY OF
A CONCRETE WALL, A DISTANCE OF 15.93 FEET, THENCE N87050'51 "W, PARALLEL
WITH AND 3 FEET NORTH OF SAID WALL, A DISTANCE OF 6.15 FEET TO A POINT ON
SAID LINE 34 OF SAID ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇; THENCE N I 9045'00"W ALONG SAID
LINE A DISTANCE OF 8.25 FEET; THENCE N68006'00"W A DISTANCE OF 77.99 FEET
TO THE POINT OF BEGINNTNG.
Page 4 of 20
PARCEL A:
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THE ▇▇▇▇▇ ▇▇▇▇ OR TRACT, AS DESCRIBED IN DEED RECORDED NOVEMBER 25,1898, IN
BOOR 135 AT PAGE ▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ANY MINE OF GOLD, SILVER,
CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER
EXISTING LAWS, AS SHOWN IN PATENT TO THE CITY OF BLACK HAWK, RECORDED IN
BOOK 56 AT PAGE 555 AND IN BOOK 62 AT PAGE 456, AND EXCEPT ANY PORTION
THEREOF IN CONFLICT WITH ▇▇▇▇▇▇▇ STREET,
COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO.
PARCEL B:
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THE LIBRA LODE AND DUMP SITE MINING CLAIM, AS DESCRIBED IN DEED RECORDED
DECEMBER 31,1898, IN BOOK 140 AT PAGE ▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ANY
MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR
POSSESSION HELD UNDER EXISTrNG LAWS, AS SHOWN IN PATENT TO THE CITY OF
BLACK HAWK, RECORDED IN BOOK 56 AT PAGE 555 AND IN BOOK 62 AT PAGE ▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
Page 5 of 20
PARCEL C:
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ALL THAT PORTION OF SURVEY 880, LITTLE SILVER LODE, NOT IN CONFLICT WITH
SURVEYS 81, 82, 602, 928, 5173 AND 7626, ▇▇▇▇▇▇ COUNTY, COALEY, MAHASKA,
LINDEN CASTLE, LULU, MOUNTAIN LION AND DEMOCRAT LODES, ALSO THE ▇▇▇▇▇,
GALENA AND BLACK ▇▇▇▇ ▇▇▇▇▇ AND THE S.E. 114 OF THE N.E. 1/4 OF SEC. 7,
T.3S., R.72W- OF THE 6TH P.M. THE SAID SURVEY NO. 880 LITTLE SILVER LODE,
BEING BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT CO. NO. I
WHENCE THE N.E. COR. SEC. 7, T.3S., R.72W. OF THE 6TH P.M. BEARS N.
6039'40" E., 3144.42 FT., THENCE S. 59015' W., 1500 FT. TO COR. NO. 2,
THENCE S. 30045'E, 150 FT. TO COR. NO. 3, THENCE N 59015, E, 1500 FT. TO
COR. ▇▇. ▇, ▇▇▇▇▇▇ ▇. ▇▇-▇▇' ▇., ▇▇▇ ▇▇. TO ▇▇▇▇▇▇ ▇▇. ▇, ▇▇▇ ▇▇▇▇▇ ▇▇
▇▇▇▇▇▇▇▇▇, AS DESCRIBED IN DEED RECORDED NOVEMBER 20,1905, IN BOOK 158 AT
PAGE 219, CITY OF BLACK HAWK, AND EXCEPT ANY N41NE OF GOLD, SILVER,
CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER
EXISTING LAWS, AS SHOWN IN PATENT TO THE CITY OF BLACK HAWK, RECORDED IN
BOOK 56 AT PAGE 555 AND IN BOOK 62 AT PAGE ▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
PARCEL D:
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THE PETRIKIN TRACT, AS DESCRIBED IN DEED RECORDED OCTOBER 14, 1908, IN BOOK
170 AT PAGE 165, CITY.OF BLACK HAWK, EXCEPT ANY MINE OF GOLD, SILVER,
CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER
EXISTING LAWS, AS SHOWN IN PATENT TO THE CITY OF BLACK HAWK, RECORDED IN
BOOK 56 AT PAGE 555 AND IN BOOK 62 AT PAGE ▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
Page 6 of 20
PARCEL E:
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THE ▇▇▇▇▇▇▇▇ AND ▇▇▇▇▇▇▇▇▇▇ TRACT, AS DESCRIBED IN DEED RECORDED FEBRUARY
5,1917, IN BOOK 170 AT PAGE ▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ANY MINE OF
GOLD, SILVER, CfNNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION
HELD UNDER EXISTING LAWS, AS SHOWN IN PATENT TO THE CITY OF BLACK HAWK,
RECORDED IN BOOK 56 AT PAGE 555 AND IN BOOK 62 AT PAGE ▇▇▇, ▇▇▇▇▇▇ ▇▇
▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
PARCEL F:
---------
THE COALEY LODE MINING CLAIM, U.S. SURVEY NO. 82, AS DESCRIBED IN U.S.
PATENT RECORDED MARCH 26,1971, IN BOOK 270 AT PAGE 461, EXCLUSIVE OF THE
SURFACE AREA INCLUDED WITHIN THE BOUNDARIES SURVEY NO. 8 1, AS EXCLUDED IN
SAID PATENT, COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO.
PARCEL G:
---------
THE GELPIN COUNTY TUNNEL OR LODE MINING CLAIM, U.S. SURVEY NO. 8 1, AS
DESCRIBED IN U.S. PATENT RECORDED MARCH 26,197 1, IN BOOK 270 AT PAGE ▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
PARCEL H:
---------
THENHEELER TUNNEL LODE MINING CLAIM, U.S. SURVEY NO. 53 1, AS DESCRIBED IN
U.S. PATENT RECORDED MARCH 26,1971, IN BOOK 270 AT PAGE 47 1, EXCEPT ANY
PORTION EMBRACED IN SURVEY NO. 82, AS EXCEPTED IN SAID PATENT,
COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO.
Page 7 of 20
PARCEL I:
---------
THE MAHASKA LODE MINING CLAIM. U-S. SURVEY NO. 602, AS DESCRIBED IN U.S.
PATENT RECORDED MARCH 26,1971, IN BOOK 270 AT PAGE 476, EXCEPTING ANY
PORTION EMBRACED IN SURVEY NOS. 81, 82, 291 AND 55 1, AS EXCEPTED IN SAID
PATENT, COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO.
PARCEL J:
---------
THE ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ MINING CLAIM, U.S. SURVEY NO. 551, AS DESCRIBED IN
U.S. PATENT RECORDED IN BOOK 76 AT PAGE 180, EXCEPT THAT PART OF THE
SURFACE THEREOF IN CONFLICT WITH THE ▇▇▇▇▇▇ COUNTY LODE MlNING CLAIM, U.S.
SURVEY NO 81, AND EXCEPT THAT PART THEREOF LYING WESTERLY OF A LINE THAT
IS PARALLEL TO AND ENDLINES OF SAID ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ AND INTERESTS THE
NORTHERLY SIDELINE THEREOF AT A POINT 150 FEET EASTERLY OF CORNER NO. 4 OF
SAID ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, AS EXCEPTED IN DEED RECORDED MAY 12,1972, IN
BOOK 277 AT PAGE ▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
PARCEL K:
---------
THE DEMOCRAT LODE MINING CLAIM, U.S. SURVEY NO. 7626, AS DESCRIBED IN U.S.
PATENT RECORDED SEPTEMBER 14,1898, IN BOOK 136 AT PAGE 9, EXCEPTING
THEREFROM ANY PORTION EMBRACED IN SURVEY NOS. 81, 82, 211, 531, 602, 928
AND EXCEPT A PORTION OF THE REPUBLICAN LODE CLAW UNSURVEYED, AS EXCEPTED IN
SAID PATENT,
COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO.
Page 8 of 20
PARCEL L:
---------
THE GALENA LODE MINING CLAIM, AS DESCRIBED IN DEED RECORDED NOVEMBER
20,1920, IN BOOK 170 AT PAGE 459, EXCEPTING ANY CONFLICTS WITH SURVEY NO
82. COALEY LODE, SURVEY NO. 81, ▇▇▇▇▇▇ COUNTY LODE, SURVEY ▇▇. ▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇. ▇▇▇. MAHASKA LODE, SURVEY NO. 5173, MOUNTAIN LION
AND ▇▇▇▇ ▇▇▇▇▇, THE DEMOCRAT AND SHENANDOAH VALLEY LODES. AND THE
AGRJCULTURAL PATENT TO THE SE 114 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 3
SOUTH, RANGE 72 WEST OF THE 6TH P.M., AS EXCEPTED IN SAID DEED, CITY OF
BLACK H-AWK, AND EXCEPT ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO
ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, AS SHOWN IN
PATENT TO THE CITY OF BLACK HAWK, RECORDED IN BOOK 56 AT PAGE 555 AND IN
BOOK 62 AT PAGE 456, COUNTY OF ▇▇▇▇▇▇, STATE OF COLOR-ADO.
PARCEL M:
---------
THE MOUNTAIN LION, CITY OF BLACK HAWK, EXCEPT ANY MINE OF GOLD, SILVER,
CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER
E)GSTING LAWS, AS SHOWN IN PATENT TO THE CITY OF BLACK HAWK, RECORDED IN
BOOK 56 AT PAGE 555 AND IN BOOK 62 AT PAGE ▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
PARCEL N:
---------
THE LULU, CITY OF BLACK HAWK, EXCEPT ANY PORTION THEREOF LYING OUTSIDE THE
BOUNDARIES OF THE CITY OF BLACK HAWK, AND EXCEPT ANY MINE OF GOLD, SILVER,
CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER
EXISTING LAWS, AS SHOWN IN PATENT TO THE CITY OF BLACK HAWK, RECORDED IN
BOOK 56 AT PAGE 555 AND IN BOOK 62 AT PAGE 456, EXCEPT ANY PORTION THEREOF
CONVEYED TO MAHOGANY RIDGE LIMITED PARTNERSHIP, A COLORADO LIMITED
PARTNERSHIP, BY ▇▇▇▇ OF SALE RECORDED FEBRUARY 1, 2000 IN BOOK 687 AT PAGE
▇▇▇, ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
Page 9 of 20
PARCEL 0:
---------
THE ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ EXTENSION TRACT, AS DESCRIBED IN DEED RECORDED AUGUST 1,
1996, IN BOOK 605 AT PAGE 15, CITY OF BLACK HAWK, EXCEPT ANY MINE OF GOLD,
SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD
UNDER EXISTING LAWS, AS SHOWN IN PATENT TO THE CITY OF BLACK HAWK, RECORDED
IN BOOK 56 AT PAGE 555 AND IN BOOK 62 AT PAGE ▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
PARCEL P:
---------
THE SHENANDOAH VALLEY LODE, AS DESCRIBED AUGUST 1, 1996, IN BOOK 605 AT
PAGE 16, CITY OF BLACK HAWK, EXCEPT ANY MINE OF GOLD, SILVER, CINNABAR OR
COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS,
AS SHOWN IN PATENT TO THE CITY OF BLACK HAWK, RECORDED IN BOOK 56 AT PAGE
555 AND IN BOOK 62 AT PAGE ▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
PARCEL 0:
---------
THE MAYFLOWER TUNNEL A/K/A MAY FLOWER LODE, AS DESCRIBED AUGUST 1, 1996, IN
BOOK 605 AT PAGE 14, CITY OF BLACK HAWK, EXCEPT ANY MINE OF GOLD, SILVER,
CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER
EXISTING LAWS, AS SHOWN IN PATENT TO THE CITY OF BLACK HAWK, RECORDED IN
BOOK 56 AT PAGE 555 AND IN BOOK 62 AT PAGE ▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.
Page 10 of 20
PARCEL X:
---------
THE KLONDYKE LODE, BLACK HAWK CITY TITLE, AS DESCRIBED IN DEED RECORDED
JANUARY 18,1900, IN BOOK 135 AT PAGE 401, EXCLUSIVE OF ITS CONFLICT WITH
THE COALEY LODE, SURVEY NO. 82. THE ▇▇▇▇▇▇▇ TUNNEL LODE, SURVEY ▇▇. ▇▇.
▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇. ▇▇▇. THE DEMOCRAT LODE. SURVEY NO.
7626.THE ▇▇▇▇▇ ▇▇▇▇: THE SILVER DIME LODE, AND EXCLUSIVE OF ANY PORTION
THEREOF LYING OUTSIDE THE BOUNDARY OF THE TOWNSITE OF BLACK HAWK, AS
EXCEPTED IN SAID DEED, AND EXCEPT ANY PORTION NOT CONVEYED BY DEED
RECORDED MAY 31, 1968. IN BOOK 259 AT PAGE ▇, ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ OF COLORADO
PARCEL Y:
---------
THE BLACK BEAR LODE, BLACK HAWK CITY TITLE, AS DESCRIBED IN DEED FROM CITY
OF BLACK HAWK RECORDED AUGUST 9,1902, IN BOOK 153 AT PAGE 37, EXCEPTING
THEREFROM ANY PORTION EMBRACED IN SURVEY NO. 7626, DEMOCRAT LODE, SURVEY
NO. 211, RADICAL LODE; MISSOURI LODE, ELEPHANT LODE; AND LION LODE, AS
EXCEPTED IN SAID DEED,
CITY OF BLACK HAWK,
COUNTY OF ▇▇▇▇▇▇,
STATE OF COLORADO
PARCEL Z:
---------
▇▇▇▇ TRACT, BLACK HAWK CITY TITLE, AS DESCRIBED IN DEED RECORDED SEPTEMBER
10, 1902, IN BOOK 153 AT PAGE ▇▇,
▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇,
▇▇▇▇▇ OF COLORADO
Page 11 of 20
PARCEL AA:
---------
THE SURFACE GROUND OF THE BLACK ▇▇▇▇ ▇▇▇▇ MINE, BLACK HAWK, CITY TITLE, AS
DESCRIBED IN DEED RECORDED IN BOOK 121 AT PAGE 211, EXCEPT ANY PORTION
THEREOF CONVEYED TO THE COUNTY OF ▇▇▇▇▇▇ BY THAT RIGHT OF WAY DEED RECORDED
DECEMBER 15,1989, IN BOOK 213 AT PAGE ▇▇,
▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇,
▇▇▇▇▇ OF COLORADO
PARCEL BB:
---------
THE LINDEN CASTLE LODE MINING CLAIM, U. S. SURVEY NO. 928, AS DESCRIBED IN
UNITED STATES PATENT RECORDED APRIL 9,1920, IN BOOK 187 AT PAGE 105,
EXCEPTING THEREFROM ANY PORTION THEREOF EMBRACED IN MINING CLAIMS OR SURVEY
NOS. 82, 53 1, OR 602, OR THE GALENA LODE CLAIM, OR THAT PORTION OF THE
CLAIM EMBRACED IN THE SOUTHWEST QUARTER OF THE ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇
▇, ▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇, ▇▇▇▇▇ 72 WEST OF THE 6TH P.M.,
COUNTY OF ▇▇▇▇▇▇,
STATE OF COLORADO
PARCEL CC:
---------
THAT PORTION OF THE LION LODE MINING CLAIM, BLACK HAWK CITY TITLE, AS
DESCRIBED IN DEED RECORDED MARCH 19,1998, IN BOOK 637 AT PAGE 14, LYING
EAST OF ▇▇▇▇▇▇▇ STREET, CITY OF BLACK HAWK, EXCEPT ANY PORTION THEREOF
LYING OUTSIDE THE BOUNDARIES OF THE PATENTS FOR THE CITY OF BLACK HAWK,
CITY OF BLACK HAWK, COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO
Page 12 of 20
PARCEL DD:
----------
THE PRINCE ▇▇▇▇▇ ▇▇▇▇, BLACK HAWK CITY TITLE. AS DESCRIBED IN DEED FORM THE
CITY OF BLACK HAWK RECORDED AUGUST 9,1902, IN BOOK 153 AT PAGE 37.
EXCEPTING THEREFROM ANY PORTION EMBRACED IN SURVEY NO. 7626, DEMOCRAT LODE.
SURVEY NO. 211, RADICAL LODE. MISSOURI LODE, ELEPHANT LODE, AND LION LODE,
AS EXCEPTED IN SAID DEED; AND EXCEPT THAT PART OF THE SAID PRINCE ▇▇▇▇▇
▇▇▇▇ DESCRIBED AS FOLLOWS:
BEGINNING ▇▇ ▇▇▇▇▇▇ ▇▇. ▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ TITLE, BOOK A, PAGE I
11, FROM WHICH POINT CORNER NO. 4 OF THE CHAMPION LODE, SURVEY NO.
229, BEARS N8505 1'3 7"W A DISTANCE OF 543.34 FEET THENCE N69004'W
ALONG LINE 3-4 OF SAID LION LODE, A DISTANCE OF 44.58 FEET TO ITS
INTERSECTION WITH THE NORTHWESTERLY LINE OF SAID PRINCE ▇▇▇▇▇ ▇▇▇▇,
THENCE N55'52'E ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 383.13
FEET TO A POINT ON LINE 4 3 OF THE DEMOCRAT LODE, SURVEY NO. 626.
THENCE S80040'E ALONG SAID LINE 4-3 A DISTANCE OF 96.06 FEET TO A
POINT ON THE NORTHWESTERLY LINE OF THE LINE A DISTANCE OF 150.77 FEET
TO THE MOST WESTERLY CORNER OF SAID LODE, THENCE S45053'E ALONG THE
SOUTHWESTERLY LINE OF SAID LODE A DISTANCE OF 81.32 FEET TO A POINT ON
THE SOUTHEASTERLY LINE OF SAID PRINCE ▇▇▇▇▇ ▇▇▇▇; THENCE S55052'W
ALONG SAID LINE A DISTANCE OF 281.35 FEET TO A POINT ON LINE 3-4 OF
THE ELEPHANT LODE, CITY TITLE. THENCE N39'35'W ALONG SAID LINE A
DISTANCE OF 53.77 FEET TO CORNER NO. 4 OF SAID ELEPHANT LODE; THENCE
N40'3 1'56"W A DISTANCE OF 60.31 FEET TO ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇,
▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇ OF ▇▇▇▇▇▇,
STATE OF COLORADO
Page 13 of 20
PARCEL EE:
----------
AN EASEMENT OVER AND ACROSS THE ▇▇▇▇▇▇▇ ▇▇▇▇, BLACK HAWK CITY TITLE, AS
DESCRIBED IN DEED RECORDED JULY 11, 1902, IN BOOK 150 AT PAGE 421' EXCEPT
ANY PORTION THEREOF LYING OUTSIDE THE BOUNDARIES OF THE LAND DESCRIBED IN
THE PATENTS TO THE CITY OF BLACK HAWK, RECORDED IN BOOK 56 AT PAGE 555 AND
IN BOOK 62 AT PAGE 456. AND EXCEPT ANY PORTION THEREOF CONVEYED BY THE
CITY OF BLACK HAWK PRIOR TO JULY 11, 1902, SAID EASEMENT RECORDED APRIL
29,1998, IN BOOK 640 AT PAGE ▇▇,
▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇,
▇▇▇▇▇ OF COLORADO
PARCEL FF:
----------
THE SOUTH ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, BLACK HAWK CITY TITLE, AS DESCRIBED IN
INSTRUMENT RECORDED AUGUST 1, 1996, IN BOOK 605 AT PAGE ▇▇,
▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇,
▇▇▇▇▇ OF COLORADO
PARCEL GG:
----------
THE COALEY LODE MINING CLAIM, U. S. SURVEY NO. 291, AS DESCRIBED IN U. S.
PATENT RECORDED IN BOOK 65 AT PAGE 7 1, EXCEPTING THEREFROM ANY PORTION
EMBRACED IN SURVEY NO. 81, AS EXCEPTED IN SAID PATENT,
COUNTY OF ▇▇▇▇▇▇,
STATE OF COLORADO
Page 14 of 20
PARCEL II
---------
A TRACT OF LAND IN THE SE 114 OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE ▇▇ ▇▇▇▇ ▇▇
▇▇▇ ▇▇▇ ▇.▇., ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ OF ▇▇▇▇▇▇, STATE OF COLORADO, WHICH
BEGINS AT THE INTERSECTION OF LINE 1-2 OF THE SOUTH ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, AS
DESCRIBED IN BOOK C AT PAGE 168 OF THE CITY OF BLACK HAWK RECORDS WITH LINE 1-2
OF THE ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ EXTENSION TRACT, AS DESCRIBED IN BOOK 605 AT PAGE 15,
▇▇▇▇▇▇ COUNTY RECORDS, FROM WHICH POINT OF BEGINNING THE EAST 114 CORNER OF SAID
SECTION 7 BEARS N39020'35"E A DISTANCE OF 629.18 FEET.
THENCE N64000'00"E ALONG SAID LINE 1-2 OF THE ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ EXTENSION TRACT A
DISTANCE OF 47.94 FEET TO A POINT ON LINE 10-9 OF THE LIBRA LODE AND DUMP SITE
MINING CLAIM, AS DESCRIBED IN BOOK 140 AT PAGE 304, THENCE S4000'00"W ALONG SAID
LINE 10-9 A DISTANCE OF 3_2 1.94 FEET TO SAID ▇▇▇▇▇▇ ▇▇. ▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇'▇▇"▇
ALONG LINE 9-8 OF SAID LIBRA LODE AND DUMP SITE MINING CLAIM A DISTANCE OF
181.86 FEET TO CORNER NO. 8; THENCE S39025'00"W ALONG LINE 8-7 OF SAID LIBRA
LODE AND DUMP SITE MINING CLAIM A DISTANCE OF 590.23 FEET TO ▇▇▇▇▇▇ ▇▇. ▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇'▇▇"▇ A DISTANCE OF 101.33 FEET TO A POINT ON LINE 4-3 OF THE
SILVER LODE, AS DESCRIBED IN BOOK A, PAGE 311, CITY OF BLACK HAWK RECORDS.
THENCE N46000'00"E ALONG SAID LINE 4-3 A DISTANCE OF 250.48 FEET TO CORNER NO.
3-9 THENCE N90000'00W ALONG LINE 3-2 OF SAID SILVER LODE A DISTANCE OF 215.98
FEET TO CORNER NO. 2; THENCE N61045'04"W A DISTANCE OF 194.02 FEET TO CORNER NO.
3 OF THE ▇▇▇▇▇▇▇▇ ▇▇▇▇, AS DESCRIBED IN BOOK 150 AT PAGE 405, ▇▇▇▇▇▇ COUNTY
RECORDS; THENCE N26055'09"W ALONG LINE 34 OF SAID ▇▇▇▇▇▇▇▇ ▇▇▇▇ A DISTANCE OF
149.86 FEET TO ▇▇▇▇▇▇ ▇▇. ▇-▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇'▇▇"▇ A DISTANCE OF 80.09 FEET TO A
POINT ON LINE 3-2 OF THE SOUTH ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, AS DESCRIBED IN BOOK C, PAGE
168, CITY OF BLACK HAWK RECORDS; THENCE N64000'00"E ALONG SAID LINE 3-2 A
DISTANCE OF 750.00 FEET TO CORNER NO. 2; THENCE N26000'00"W ALONG LINE 2-1 OF
SAID SOUTH ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ A DISTANCE OF 52-58 FEET TO THE POINT OF
Page 16 of 20
BEGINNING.
(Description of Parcel 11 continued on next page)
Page 17 of 20
PARCEL 11 (Continued)
--------------------
AND
TWO TRACTS OF LAND IN THE NE 1/4 OF THE SE 1/4 OF SECTION 7. TOWNSHIP 3
SOUTH, RANGE ▇▇ ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇.▇., ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ OF ▇▇▇▇▇▇,
STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
VOID NO. 3: BOUNDED BY THE SHENANDOAH VALLEY LODE, THE ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
EXTENSION LODE, THE MOUNTAIN LION LODE, AND THE PETRIKFN LODE, BEGINNING
AT A POINT FROM WHICH THE EAST 114 CORNER OF SAID SECTION 7 BEARS
N65002'42"E A DISTANCE OF 473.31 FEET, THENCE S31045'00"E A DISTANCE OF
137.81 FEET; THENCE S64000'00"W A DISTANCE OF 16.93 FEET. THENCE
N35013'00"W A DISTANCE OF 137.73 FEET; THENCE S90000'00"E A DISTANCE OF
1.38 FEET TO THE POINT OF BEGINNING, AND VOID NO. 4: BOUNDED BY THE
MOUNTAIN LION LODE, THE DUMP SITE LODE, AND THE ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ EXTENSION
LODE: BEGINNING AT A POINT FROM WHICH THE EAST 114 CORNER OF SAID SECTION 7
BEARS N39059'32"E A DISTANCE OF 497.85 FEET, THENCE S31045'00"E A DISTANCE
OF 25.67 FEET; THENCE S51036'45"W A DISTANCE OF 5.63 FEET; THENCE N I
9045'00"W A DISTANCE OF 26.91 FEET TO THE POINT OF BEGINNING.
Page 18 of 20
PARCEL JJ
---------
THE SE 1/4 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE 72 WEST OF
THE 6TH P.M., EXCEPTING THEREFROM ANY PORTION CONTAINED IN SURVEY NOS: 211
RADICAL LODE; 531 ▇▇▇▇▇▇▇ LODE. 5173 LULU LODE. 291 COALEY LODE. 602
MAHASKA LODE. 8 1 ▇▇▇▇▇▇ COUNTY LODE. 229 CHAMPION LODE, 5173 MOLJNTAfN
LION LODE, 928 LNDEN CASTLE LODE. BLACK ▇▇▇▇ ▇▇▇▇; GALENA LODE. REPUBLIC
LODE. SILVER DOLLAR LODE, LITTLE SILVER LODE AND A PARCEL CALLED THE
PITRIKEN TRACT, IF ANY, AS EXCEPTED IN DEED RECORDED JUNE 17,1935, IN BOOK
194 AT PAGE 484, AND EXCEPT ANY MNE OF GOLD, SILVER, CINNABAR OR COPPER OR
TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, AS SHOWN
IN PATENT TO THE CITY OF BLACK RAWK, RECORDED IN BOOK 56 AT PAGE 555 AND IN
BOOK 62 AT PAGE 456, AND EXCEPT A TRACT OF LAND IN THE SE 1/4 OF THE NE 1/4
OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE ▇▇ ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇.▇., ▇▇▇▇ ▇▇
▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ OF ▇▇▇▇▇▇, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF THE SE 1/4 OF THE NE 1/4 OF SECTION 7. THENCE
S0204341"W ALONG THE EAST LINE OF SAID SE 114 A DISTANCE OF 885.11 FEET,
THENCE S90"00'00"W A DISTANCE OF 300-00 FEET, THENCE N3104 1'00"W A
DISTANCE OF 10 12.92 FEET TO A PONT ON THE NORTH LINE OF THE SE 1/4 OF THE
NE 1/4 OF SECTION T. THENCE N 88001'24"E ALONG SAID NORTH LINE A DISTANCE
OF 78513 FEET TO THE POINT OF BEGINNING
CITY OF BLACK HAWK,
COUNTY OF ▇▇▇▇▇▇,
STATE OF COLORADO.
Page 19 of 20
PARCEL KK:
----------
THE SILVER DOLLAR LODE, AS DESCRIBED IN LOCATION CERTIFICATE RECORDED
AUGUST 5,1895, IN BOOK 124 AT PAGE ▇▇▇,
▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ OF COLORADO
PARCEL LL:
----------
THE CHICAGO LODE, AS DESCRIBED IN DEED RECORDED AUGUST 19,1901, IN BOOK 150
AT PAGE 403, EXCLUSIVE OF ANY LAND CONVEYED BY THE CITY OF BLACK HAWK PRIOR
TO DECEMBER 15,1899, AS EXCLUDED IN SAID DEED,
CITY OF BLACK HAWK,
COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO
PARCEL MM:
----------
THE SILVER DIME LODE, AS DESCRIBED IN DEED RECORDED AUGUST 19, 190 1, IN
BOOK 150 AT PAGE 404, EXCLUSIVE OF ANY LAND CONVEYED BY THE CITY OF BLACK
HAWK PRIOR TO DECEMBER 15,1899, AS EXCLUDED IN SAID DEED,
CITY OF BLACK HAWK,
COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO
PARCEL NN:
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THE ▇▇▇▇▇▇▇▇ ▇▇▇▇, AS DESCRIBED IN DEED RECORDED AUGUST 19, 190 1, fN BOOK
150 AT PAGE 405, EXCLUSIVE OF ANY LAND CONVEYED BY THE CITY OF BLACK HAWK
PRIOR TO DECEMBER 15,1899, AS EXCLUDED IN SAID DEED,
CITY OF BLACK HAWK,
COUNTY OF ▇▇▇▇▇▇, STATE OF COLORADO
Page 20 of 20
EXHIBIT "B-1"
Assumed Liabilities
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1. Taxes. Delinquent real property taxes and assessments, as set forth in
Item GG of Schedule B, Section I of the Title Commitment.
2. Excavation Work. Liability to the City of Black Hawk for certain land
improvements pursuant to bench excavation permit issued by the City of Black
Hawk, which work is being performed by West Valley Construction for the City of
Black Hawk and the costs therefor will be reimbursed to the City of Black Hawk
by the owner of the Real Property.
EXHIBIT "B-2"
Contracts
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1. Architect Agreement. Standard Form of Agreement Between Owner and
Architect with Standard Form of Architect's Services (AIA Document B141-1997,
1997 Edition Electronic Format) dated January 31, 2000, by WWLLC as Owner and
▇▇▇▇ ▇▇▇▇▇▇▇▇, Ltd. as Architect, as affected by that cer-tain Settlement
Agreement of even date therewith by and among in part WWLLC as Owner and ▇▇▇▇
▇▇▇▇▇▇▇▇, Ltd. as Architect.
2. Excavation Agreement. Standard Form of Agreement Between Owner and
Contractor (AIA Document A 10 1 /CMa) dated May 14, 1998 by and between WWLLC as
Owner and ▇. ▇. ▇▇▇▇▇▇▇▇ & Sons, Inc.("▇▇▇▇▇▇▇▇"), as Contractor. Said agreement
was amended and supplemented pursuant to (i) that certain Supplement to AIA
Document Al0I/CMa Standard Form of Agreement Between Owner and Contractor; (ii)
that certain Amendment, dated June 15, 1998 (the " First Amendment") by and
between WWLLC as Owner and ▇▇▇▇▇▇▇▇ as Contractor; and (iii) that certain Second
Amendment to Standard Form of Agreement Between Owner and Contractor (the
"Second Amendment"), dated December 31, 1999, by and between WWLLC as Owner and
▇▇▇▇▇▇▇▇ as Contractor, as the same are affected by that certain Settlement
Agreement dated January 31, 2000, by and between WWLLC as Owner and ▇▇▇▇▇▇▇▇ as
Contractor.
3. General Construction Agreement. Standard Form of Agreement Between Owner
and Contractor dated January 25, 2000, by and between WVY'LLC as Owner, and PCL
Construction Services, Inc., as Contractor.
