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HomeMy WebLinkAboutAgmt for Joint Use - Midtown Aspen 07.02.24 Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Page 1 Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP WHEN RECORDED MAIL TO: Midtown Aspen 4 LLLP 233 E. Main Street, Suite 404 Bozeman, MT 59715 AGREEMENT PROVIDING FOR RECIPROCAL EASEMENTS, JOINT USE, AND MAINTENANCE THIS AGREEMENT PROVIDING FOR RECIPROCAL EASEMENTS, JOINT USE, AND MAINTENANCE (this “Agreement”), dated as of [DATE], is made by and between Midtown Aspen 4 LLLP, a Montana limited liability limited partnership, whose address is 233 E. Main Street, Suite 404, Bozeman, MT 59715 (“Midtown Aspen 4”); and Midtown Aspen 9 LLLP, a Montana limited liability limited partnership, whose address is 233 E. Main Street, Suite 404, Bozeman, MT 59715 (“Midtown Aspen 9”). Midtown Aspen 4 and Midtown Aspen 9 may individually be referred to as an “Owner” and may collectively be referred to as the “Owners.” RECITALS A. Midtown Aspen 4 intends to develop, construct, and operate a [__]-unit affordable rental apartment complex commonly known as Midtown Aspen 4 Apartments, including without limitation those improvements, buildings, structures, equipment, fixtures, landscaping, and all other facilities necessary to make such property and improvements usable and complete for their intended purposes, located in Bozeman, Gallatin County, Montana, as more particularly described as “Unit 1” on Exhibit A attached hereto and incorporated by reference (the “Midtown Aspen 4 Housing Development”). B. Midtown Aspen 9 intends to develop, construct, and operate a [__]-unit affordable rental apartment complex commonly known as Midtown Aspen 9 Apartments, including without limitation those improvements, buildings, structures, equipment, fixtures, landscaping, and all other facilities necessary to make such property and improvements usable and complete for their intended purposes, located in Bozeman, Gallatin County, Montana, as more particularly described as “Unit 2” on Exhibit A (the “Midtown Aspen 9 Housing Development”). C. The Midtown Aspen 4 Housing Development and the Midtown Aspen 9 Housing Development, together with residential common areas, amenities, and other related residential improvements are collectively referred to herein as the “Project.” The real property upon which the Project is located is described on Exhibit B attached hereto and incorporated by reference (the “Property”). D. The Project is located within the Midtown Aspen Condominiums, which was established pursuant to that certain [Declaration of Covenants, Conditions, and Restrictions Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Page 2 Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP Relating to the Midtown Aspen Condominium], recorded concurrently or substantially concurrently herewith in the real property records of Gallatin County, Montana (the “Declaration”). The Midtown Aspen Condominiums consists of two (2) Units (as defined in the Declaration). The Midtown Aspen 4 Housing Development is located on the Midtown Aspen 4 Unit (as defined in the Declaration) and the Midtown Aspen 9 Housing Development is located on the Midtown Aspen 9 Unit (as defined in the Declaration). E. Through this Agreement, Owners are establishing the Easements (defined below). Because of the physical proximity and interrelation of the Parcels (defined below), Owners intend by this Agreement to impose upon the Project mutually beneficial restrictions under a general plan of improvement for the benefit of Owners, their successors and assigns, and the Users (defined below). F. Any capitalized terms used herein and not otherwise defined shall have the meaning(s) set forth in the Declaration unless the context clearly indicates otherwise. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated by reference into the terms of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, Owners hereby agree as follows: 1. Recitals. Owners agree that the Recitals stated above are true and correct and form a material part of this Agreement upon which Owners have relied. The Recitals are incorporated herein by this reference. 2. Definitions. In addition to the terms defined elsewhere in this Agreement or the Declaration, the following definitions shall apply: (a) “City” means the City of Bozeman, Montana. (b) “Easement Rules” means the rules that may be adopted by Owners from time to time, pursuant to the terms of this Agreement to address certain issues not fully addressed in this Agreement. (c) “Easements” means the easements granted through this Agreement. Whenever possible, Easements will be described by function or location rather than by precise measurement on the Map or the Plans and Specifications. (d) “Encroachments” means minor encroachments between the Parcels due to any of the following: engineering errors; errors in original construction, reconstruction, or repair; settlement, shifting or movement of the Improvements; the insertion of nails, screws, or similar hardware through a boundary between Parcels for the purpose of securing an item; or any similar cause. Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Page 3 Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP (e) “Improvements” means, collectively, the Parking, the Midtown Aspen 4 Housing Development, and the Midtown Aspen 9 Housing Development. (f) “Institutional Lender” means any bank, savings and loan association, insurance company, governmental entity, or other financial institution holding a Mortgage on any Parcel or acquiring any Parcel. (g) “Limited Partner(s)” means and refers individually and collectively to the investor limited partner of Midtown Aspen 4 and/or the investor limited partner of Midtown Aspen 9, as applicable. (h) “Maintain” means undertake Maintenance. (i) “Maintenance” means the maintaining (including cleaning but not the routine, day to day, janitorial services), repairing, and replacing of any improvement on a Parcel or related to an Easement. (j) “Map” means the [__________________] prepared by [____________________], attached hereto as Exhibit C and incorporated by reference. (k) “Mortgage” means a mortgage or a deed of trust encumbering all or a portion of the Project. (l) “Official Records” means the official records of Gallatin County, State of Montana. (m) “Parcels” shall mean collectively Unit 1 and Unit 2. (n) “Parking” shall mean collectively the parking area to be constructed on Unit 1 and Unit 2, including without limitation entryways, driveways, drive aisles, roadways, vehicular parking stalls, vehicular parking spaces, and similar areas used for the passage of vehicles, together with their associated lighting, signage, curbs, gutters, striping, and other improvements, as the same may from time to time be installed, constructed, and maintained for such use. (o) “Person” means a natural person, a corporation, a partnership, a limited liability company, a trust, or other legal entity. (p) “Plans and Specifications” means collectively the latest available drawings (as approved by any regulatory body having jurisdiction to approve such drawings) indicating the precise locations of the Project-Serving Components (except as indicated below), Parcel boundaries, residential units, Parking, utility runs, and other building elements, which drawings have been prepared to show the final locations of such items to the extent they deviate from or were not shown on prior drawings. (q) “Property” means that certain real property described in Recital C. Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Page 4 Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP (r) “Unit 1” means Midtown Aspen 4 Unit as defined in the Declaration and further described as “Unit 1” on the Map. (s) “Unit 2” means Midtown Aspen 9 Unit as defined in the Declaration and further described as “Unit 2” on the Map. (t) “Users” means an Owner’s employees, tenants, lessees, guests, licensees, contractors and subcontractors. 3. Description of Property; Initial Construction of Improvements and Parking. The Project consists of the following separate freehold estates: Unit 1 and Unit 2 Parking. The Parking will be located on Unit 1 and Unit 2. Construction of the portion of the Parking attributable to Unit 1’s exclusive easement rights shall be borne by Midtown Aspen 4 and construction of the portion of the Parking attributable to Unit 2’s exclusive easement rights shall be borne by Midtown Aspen 9, each in accordance with their respective construction contracts, for the exclusive use of the Parking by Midtown Aspen 4 and Midtown Aspen 9, respectively, which rights are established pursuant to this Agreement. Midtown Aspen 4 desires to pay the contractor directly for those construction costs attributable to the exclusive easement rights of the Midtown Aspen 4 Housing Development and Midtown Aspen 9 desires to pay the contractor directly for those construction costs attributable to the exclusive easement rights of the Midtown Aspen 9 Housing Development. However, Midtown Aspen 4 and Midtown Aspen 9 may agree, in writing, to vary the allocation of costs of their respective portion of construction of Parking as they see fit in their sole respective discretion. 4. Safety Matters; Legal Compliance. Each Owner shall take, and shall cause its agents and contractors to take, all safety measures necessary to protect the other Owner and their Users and the property of each from injury or damage caused by or resulting from the construction of the applicable portion of the Improvements. Each Owner agrees that all construction work performed hereunder by, or on behalf of, an Owner shall be done in a diligent, good and workmanlike manner, with first-class materials and in accordance with approved drawings and specifications (including the Plans and Specifications as applicable) and all applicable laws, rules, ordinances, regulations, and code requirements. 5. No Separate Conveyance of Easements. The ownership of each Parcel shall include the benefit of, and be encumbered by, and subject to the Easements. The Easements are hereby established and are to be conveyed with the respective Parcels, and, cannot be changed (except as set forth in this Agreement), and the Easements over any or all of the Parcels shall not be separated or separately conveyed (except as expressly set forth below). Each Easement shall be deemed to be conveyed or encumbered with its respective Parcel, even though the description in the instrument of conveyance or encumbrance may refer only to the title to the Parcel. 6. Easements for Construction and Maintenance. Through this Agreement, Owners hereby establish easements to each other and their respective Users over, under, and all about each Parcel for: (a) construction or installation and Maintenance of Improvements within each Parcel; (b) repair, restoration, or construction following a casualty; (c) Maintenance of Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Page 5 Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP encroachments in which Easements are granted under this Agreement; and (d) Maintenance of Improvements within any Parcel to the extent that performance of such Maintenance is the responsibility or right of another Owner under this Agreement. The exercise of the Easements granted in this Section shall be made with as little inconvenience to each Owner as practicable. No non-emergency entry shall be made to a residential dwelling unit without prior notice and arrangement with the applicable Owner and such Owner’s affected tenant(s) in compliance with all residential landlord-tenant law and the rental agreement or lease for the affected dwelling unit(s). Work in either Unit 1 or Unit 2 of a non-emergency nature shall be done during weekdays from 7:30 AM to 6:00 PM. Except in cases of emergency or with respect to areas for which Easements are otherwise provided in this Agreement, twenty-four (24) hours’ advance notice (by telephonic notice and: (x) facsimile and overnight delivery; (y) electronic mail and overnight delivery; or (z) by personal delivery) shall be given to an Owner prior to exercise of the Easements granted in this Section. Any damage to any portion of a Parcel or Unit as a result of the exercise of the Easements granted in this Section shall be promptly restored to as near the original condition as possible by Owner using the Easement at such Owner’s sole cost and expense. The Easements granted in this Section are essential and necessary for the development and ongoing operation of the Project. 7. Access Easements. Owners hereby establish and grant the following Easements: (a) Utility Facilities. Midtown Aspen 4 and Midtown Aspen 9 hereby establish and grant to each other non-exclusive easements, appurtenant to such Owner’s Parcel, in, on, under, over, and across those portions of the Parcels not owned by such Owner which are reasonably necessary for such Owner to access, install, operate, maintain, repair, replace, and relocate all electrical, gas, water, sewage, drainage, telephone, cable, security, and other utilities and similar facilities identified in the Plans and Specifications and servicing such Owner’s Parcels. The Easements granted in this Section are essential and necessary for the development and ongoing operation of the Project. (b) Rights to Parking. Midtown Aspen 4 and Midtown Aspen 9 hereby establish and grant to each other, for the benefit of each such Owner and its respective Users, non-exclusive easements, appurtenant to each such Owner’s Parcel, for ingress, egress, access, and use of the following portions of the Parking: the walkways, sidewalks, pathways, driveways, ramps, and bicycle spaces. Midtown Aspen 4 hereby establishes and grants to Midtown Aspen 9, for the benefit of such Owner and its Users, easements, appurtenant to such Owner’s Parcel, in on, over, and through the Parking, as follows: (i) an exclusive easement, but not exclusive of Midtown Aspen 9 and its Users, to use [____________] of the striped parking spaces located within the Parking; and (ii) non- exclusive easements for ingress, egress and access to and from such parking spaces. Midtown Aspen 9 hereby establishes and grants to Midtown Aspen 4, for the benefit of such Owner and its Users, easements, appurtenant to such Owner’s Parcel, in on, over, and through the Parking, as follows: (x) an exclusive easement, but not exclusive of Midtown Aspen 9 and its Users, to use [____________] of the striped parking spaces located within the Parking; and (y) non-exclusive easements for ingress, egress and access to and from such parking spaces. The Easements granted in this Section are essential and necessary for the development and ongoing operation of the Project. Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Page 6 Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP (c) Non-Exclusive Rights. Midtown Aspen 4 and Midtown Aspen 9 hereby establish and grant to each other, for the benefit of each such Owner and its respective Users, appurtenant to each of their respective Parcels, non-exclusive reciprocal easements for ingress and egress, as appropriate, over the applicable portions of the Parking, for ingress, egress, and access to the domestic water meters, irrigation water meters, gas meters and other utility meters to the extent such facilities service the benefitted Owner’s Parcel. The Easements granted in this Section are essential and necessary for the development and ongoing operation of the Project. 8. Encroachment Easements. Through this Agreement, Midtown Aspen 4 and Midtown Aspen 9 hereby establish and grant to each other, for the benefit of each such Owner and its respective Users non-exclusive easements in, on, over, under, through and all about each other Unit as reasonably necessary to accommodate and maintain Encroachments that may now or hereafter exist. Notwithstanding any other provision herein, no Owner shall have the benefit of an easement for Encroachment as a result of the negligence or willful misconduct of such Owner or its Users. If the Improvements are partially or totally destroyed, and then repaired or rebuilt in substantially the same manner as originally constructed, minor encroachments shall be permitted to facilitate repair or reconstruction. The Easements granted in this Section are essential and necessary for the development and ongoing operation of the Project. 9. Indemnity. Each Owner shall indemnify, defend, and hold the other (“Indemnified Owner”) harmless from all liability, damage, cost, or expense incurred by the Indemnified Owner arising out of the use by such Owner or any of its Users of any of the Easements within such other Parcel, or arising out of any violation by such Owner of its obligations under this Agreement, other than any such liability, damage, cost, or expense resulting from the negligence or willful misconduct of the Indemnified Owner. Each Owner shall indemnify, defend, and hold the other Owner harmless from all liability, damage, cost, or expense incurred by such other Owner arising out of any liens including but not limited to mechanics’ and materialmen’s liens imposed on such other Owner’s Parcel, arising out of work or labor done, supplies furnished, or services rendered at the request of the contracting Owner or any of its Users. Subject to obtaining the waiver of subrogation rights required in this Section, Owners release each other, and their respective authorized representatives, from any claims for damage to the personal and real property improvements located in the Parcels, and/or the Improvements that are caused by or result from risks insured against under any property insurance policies carried by Owners and in force at the time of any such damage. Each Owner shall use its best efforts to cause each property insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against the other Owner in connection with any damage covered by any property insurance policy. 10. Maintenance of the Improvements. Maintenance of the Parking shall be performed by Midtown Aspen 4 (or its designee) for Parking located in Unit 1, while maintenance of the Parking shall be performed by Midtown Aspen 9 (or its designee) for Parking located in Unit 2. However, Midtown Aspen 4 and Midtown Aspen 9 can agree in writing to vary the allocation of maintenance of the Parking and the associated cost in any manner they collectively deem to be reasonable. Owners shall each have the right and duty to perform Maintenance of the Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Page 7 Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP Parking to the extent necessary to mitigate an emergency, dangerous, or perilous situation. Before performing Maintenance under this Section, the performing Owner shall first take all reasonable steps to contact the non-performing Owner to permit the performing Owner to perform the necessary Maintenance. Notwithstanding the above, the cost of any Maintenance of any Parcel required as a result of any act or omission of another Owner or its Users shall be borne solely by such Owner. Owners acknowledge that Limited Partners have the right, but not the obligation, to perform any Maintenance not performed by the applicable Owner. Owners agree that any such performance by any Limited Partner shall be accepted as if it were performed by the applicable Owner. 11. Prohibited Alterations. No Owner shall, without the prior written consent of the other Owner and Limited Partners, construct or alter any Improvements on such Owner’s Parcels that will unreasonably interfere with the other Owner’s use and enjoyment of the Parking or Easements as granted hereunder. 12. Use Restrictions. In addition to all of the covenants contained in this Agreement, the use of the Project is subject to the following: (a) Residential Parking. The Parking shall be used primarily for residential parking for the Users of the Midtown Aspen 4 Housing Development and the Midtown Aspen 9 Housing Development. (b) Compliance with Laws; No Nuisances. Each Owner shall comply with, and shall cause all Users to comply with, at all times, all applicable laws, rules, ordinances, regulations, and code requirements governing such Owner’s Parcel. No illegal activities shall be carried on, in, or upon any Parcel, or any part thereof, nor shall anything be done on any Parcel which constitutes a nuisance or which interferes with the quiet enjoyment of the other Owner of its Parcel or its successors, assigns, or Users, of its Parcel, or a part thereof, or which will impair the structural integrity of the Improvements. 13. Representations. Each party executing this Agreement represents that it has taken all actions necessary as a prerequisite for the execution of this Agreement, that it has full and complete authority to enter into this Agreement and that, upon the execution of this Agreement, its obligations hereunder shall be valid, binding and enforceable in accordance with the terms hereof. 14. Enforcement. Each Owner, or successor thereto, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, and reservations now or hereafter imposed by the provisions of this Agreement, and in such action shall be entitled to recover reasonable attorneys’ fees in such amount as are ordered by the court. Failure of any Owner to enforce any covenant or requirement in this Agreement shall in no event be deemed a waiver of the right to do so thereafter. Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Page 8 Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP 15. Invalidity of Any Provision. Should any provision or portion of this Agreement be declared invalid or in conflict with any applicable law, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. 16. Term; Easement Runs with the Land. The Easements created by this Agreement shall run with and bind the Property in perpetuity and shall inure to the benefit of and shall be enforceable by the applicable Owner of any property or interest subject to this Agreement, and such Owner’s respective heirs, successors, subtenants and assigns. It is intended that the covenants, easements, agreements, promises, and duties of each Owner set forth in this Agreement shall be construed as covenants and not as conditions, and that, to the fullest extent legally possible, all such covenants shall run with the land or constitute equitable servitudes as between the Parcel of the respective covenantor, as the servient tenement, and the Parcel of the respective covenantee, as the dominant tenement. 17. Amendments. This Agreement may only be amended in a writing executed by all Owners. Any amendment must be recorded and shall become effective upon being recorded in the Official Records. Notwithstanding anything herein, this Agreement shall not be amended or terminated without the prior written approval of the Limited Partners and each Institutional Lender holding a Mortgage on a Parcel or the Parcels, which approval shall not be withheld unreasonably. 18. Owner’s Compliance. Each Owner shall be liable for performance of, and is bound by and shall comply with, the provisions of this Agreement. 19. Notices, Demands, and Communications. Any notice required to be given under this Agreement shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the address shown above. Any Party may change its address for notices under this Agreement by giving formal written notice to the other Parties, specifying that the purpose of the notice is to change the Party’s address. Such written notices, demands, and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate by mail as provided in this Section. Delivery shall be deemed to have occurred at the time indicated on the receipt as the date of delivery, the date of refusal of delivery, or the date the item was returned as undeliverable. 20. Easement Rules. Subject to the Limited Partners’ approval, Owners may develop mutually acceptable rules (the “Easement Rules”) to address: (a) parking and bicycle parking within the Parking; and (b) other issues of Easement usage. The Easement Rules shall be in writing and copies shall be provided to all Owners, and all amendments to such Easements Rules must be in writing and approved by all Owners. 21. Default Shall not Permit Termination of Easement and Use Agreement. No default under this Agreement shall entitle any Owner to terminate, cancel, or otherwise rescind this Agreement; provided, however, that this limitation shall not affect any other rights or remedies that Owners may have by reason of any default under this Agreement. Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Page 9 Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP 22. Violation a Nuisance. The result of every act or omission whereby any provision of this Agreement is violated in whole or in part is hereby declared to be a nuisance, and every remedy allowed by law or equity against an Owner for nuisance, either public or private, shall be available to and may be exercised by the other Owner. 23. Right to Enjoin/Specific Performance. In the event of any violation or threatened violation of any of the provisions of this Agreement by an Owner or User, the other Owner shall have the right to apply to a court of competent jurisdiction for an injunction against such violation or threatened violation, or for specific performance of the subject provision, but nothing in this Section shall be deemed to affect whether or not injunctive relief or specific performance is available on account of such violation or threatened violation. 24. Applicable Law. This Agreement shall be interpreted under and pursuant to the laws of the State of Montana. 25. Severability. If any term of this Agreement is held in a final disposition by a court of competent jurisdiction to be invalid, then the remaining terms shall continue in full force unless the rights and obligations of Owners have been materially altered by such holding of invalidity. 26. Legal Actions. If any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach of this Agreement, then the Owner substantially prevailing in any such action shall be entitled to recover against the Owner not substantially prevailing all reasonable attorneys’ fees and costs incurred in such action (and any subsequent action or proceeding to enforce any judgment entered pursuant to an action on this Agreement). 27. No Partnership; Joint Venture or Principal-Agent Relationship. Neither anything in this Agreement nor any acts of Owners shall be deemed by any Owner, or by any third Person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between Owners. 28. Easement and Use Agreement for Exclusive Benefit of Owners. Except for provisions expressly stated to be for the benefit of an Institutional Lender or Limited Partners, the provisions of this Agreement are for the exclusive benefit of Owners and successors and assigns, and not for the benefit of, nor give rise to any claim or cause of action by, any third Person. 29. No Dedication. Nothing contained in this Agreement shall be deemed to create or result in a dedication of any portion of the Parcels for public use or to create any rights in the general public. 30. Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Agreement. 31. Multiple Originals; Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Page 10 Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP IN WITNESS WHEREOF, Owners have executed this Agreement and this Agreement is effective as of the date first written above. {Signature page(s) to follow} Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Signature Page Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP MIDTOWN ASPEN 4: MIDTOWN ASPEN 4 LLLP, a Montana limited liability limited partnership By: Midtown Aspen 4 GP LLC, a Montana limited liability company its General Partner By: Midtown Aspen BD LLC, a Delaware limited liability company its Manager By: Boundary Development LLC a Montana limited liability company its Managing Member By: __________________________ Name: ________________________ Its: Managing Member STATE OF ______________ ) :ss County of ______________ ) This instrument was signed and sworn to before me on __________ ___, 2024, by __________________________, Managing Member of Boundary Development LLC, Managing Member of Midtown Aspen BD LLC, Manager of Midtown Aspen 4 GP LLC, General Partner of Midtown Aspen 4 LLLP. WITNESS my hand and official seal. ____________________________________ Printed Name: ________________________ Notary Public for the State of ____________ Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Signature Page Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP MIDTOWN ASPEN 9: MIDTOWN ASPEN 9 LLLP, a Montana limited liability limited partnership By: Midtown Aspen 9 GP LLC, a Montana limited liability company its General Partner By: Midtown Aspen BD LLC, a Delaware limited liability company its Manager By: Boundary Development LLC a Montana limited liability company its Managing Member By: __________________________ Name: ________________________ Its: Managing Member STATE OF ______________ ) :ss County of ______________ ) This instrument was signed and sworn to before me on __________ ___, 2024, by __________________________, Managing Member of Boundary Development LLC, Managing Member of Midtown Aspen BD LLC, Manager of Midtown Aspen 9 GP LLC, General Partner of Midtown Aspen 9 LLLP. WITNESS my hand and official seal. ____________________________________ Printed Name: ________________________ Notary Public for the State of ____________ Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Exhibit A Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP EXHIBIT A Units Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Exhibit B Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP EXHIBIT B Property Agreement Providing for Reciprocal Easements, Joint Use, and Maintenance Exhibit C Midtown Aspen 4 LLLP and Midtown Aspen 9 LLLP EXHIBIT C Maps