HomeMy WebLinkAbout1.09 Appendix) 1111 MI'l.'''~I'I.'IIHlLw,,!II~!,rw.IPIIlI!IJi:IW.lft/i', *'~ 11111 . Rec~ptiont( : 730279 . 0B/08/~7 10 ;29 :00 AI'I Jeln Albenco 1 of I Rec r .. :S0 .00 Doc Fee :O.OO GARFIELD COUNTY
CO SPECIAL USE PERMIT for POw, Inc. NW1I4 of the SW ~ of Section 3 T6S, -R89W Parcel Number: 218503300034 --------------------------In accordance with and pursuant to the provisions
of the Garfield County Zoning Resolution _ of 1978, as amended, and Resolution No. 2007 -..2l.-of the Board of COunty Commissioners of Garfield County, State of Colorado, hereby authorizeS,
by Special Use Permit, the following activity: CommerciaVRecreational Facility/Park The Special Use Pennit is issued subject to the conditions set forth in the above-mentioned resolution,
and sbaU be valid only during compliance with sucb conditions and otber applicable provisions oftbe Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other
regulations of the Board of County Commissioners of Garfleld County, Colorado. ATTEST: erk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD CO , COLORADO
1111 ~IU\oV.IIHlLIliI!I~,I1rf.~~I"'/:I'II,\oIIU~ 11111 ReceptionH: 730278 0910812007 10 :29:00 An JeilO Albe ri.co I 01 4 Reo Fee ; SD. OO Doc Fee:O.DO GARFIELD COUNTY CO STATE OF COLORADO
) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garficld County, Colorado, held in the Commissioners' Meeting Room, Garfield Count)' Courthouse,
in Glenwood Springs on, Monday, the 9~ day of July A.D. 2007, there were present: "'Jo""h"'n"'M=arL"'i"'n __ --: _ _______ ' Commissioner Chairman "La'rry=L-"'M"'e"'C"'o"'w"'o'-__________,
Commissioner "'T...,re"'si'::'H"""ou"'p"'t,---_ _ _________ , Commissioner "'Do=n-"D~e"-F-"'or"'d'-___________ " County Atlorney "'Je"'a""n-'.Al=be"'r..,ic"'o'--___________ ., Clerk
of tbe Board "'E>!.d-"GC!.re"'e~n'-'(o!..A"'b"'se"'n!>.tL) _________ , County Manager when Ihe following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2007-67 .
-. ----~. -' . -_ ........ , .... ....... _.. ~-,.... , ..... -. .... , .. -. ~---~--:-.... ----' .. -----.--. A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT A COMMERClALlRECREATION
AL FACILITYiPARK LOCATED ON A PROPERTY OWNED BY POW INC, GARFIELD COUNTY PARCELNOIt 218503300034 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has
received an application from POW Inc. for a Special Use Permit ("SUP") to allow a CommerciallRecreational FacilitylPark on their propelty within the Agricultnral Industrial zone district;
and WHEREAS, the Board held a public hearing on the 11"' day of June, 2007 and continued the public hearing until July 9"', 2007 upon the question of whether the above described SUP
should be granted or denied, at which hearing the public and inlerested persons were given the opportunity to express their opinions concerning the approval of said special use permit;
arid WHEREAS, Ihe Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made tjle following determination of fact as listed below: 1. Proper
posting and public notice was provided as required for the meeting before the Board of County Commissioners. 1 .-
) 1111 m.IUN:IHlllfollrl~IWI~r.ljlr.II\~:M<L\t,~I~I~ 11111 Rcc.pljon~; 730278 08108/2007 10 :29:00 AM Jean Alberico 2 of 4 Reo Fee :ID .00 Doc Fee :O.OO GARFlELO COUNTY CO 2. The meeting
before the Board of County Commissioners was extensive and complete, that all pertinent facts, mailers and issues were submitted and that all interested parties were heard at that meeting.
3. The above stated and other reasons, tile proposed speciaJ"usc permit ha~ been detennined to be in the best interest of the health, safety, and welfare of the citizens of Garfield
County. 4. The application has met the requirements of the Garfield County Zoning Resolution of . 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Garfield County, Colorado, Ibat a Special Use Permit allowing a CommereiallRecreational FacilitylPark on a property owned by POW Inc. is hereby approved subject to compliance with
aU of the following specific conditions: . I) That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners
shall be conditions of. approval, unless specifically altered by the Board of County Commissioners; 2) This Special Use Permit approves the following operations: a. Hours of operation
will be from 6:30 AM to II :30 PM Sunday through Thursday and 6:30 AM to 12:30 AM Friday and Saturday; b. The tramway towers and cabins will nOl be lighted; c. Activities on-site will
be Expansion of Existing Gift Shop, Ropes Course, Mini-Golf Course, Photography Studio/Shop, Candy Shop, Shade StructureslPavilion (6), Maze (Fort Maze), Bungee Trampoline, Spider Zone
Children's Climbing Center, Simulator Attraction (Wild West Adventure), Petting Zoo, Train Ride Attraction, Children Climbing Area (Foam Factory), Mechanical Bull, Canopy Tour, 4D Movie
Theater, Horse Back Riding Tour, BanquetlRestaurant Facility, Traveliug Museum Exhibits (Within Banquet Facility), Bus Transportation, Employee Housing, 150,000 Gallon Fire Mitigation
Pond, Alpine Coaster, Zip Line, Giant Swing, Climbing Wall, Fossil Dig, Botanical Garden Butterfly Exhibit, Indoor Children's Play area, Care Takers Quarters, Water Slorage Tanks, Nature
Trails; Picnic. Areas, Geode cutting, Gemslone Sluice Mining, Astronomy ObservalplY Area, Visitor Center, Souvenir ShoplExpansion, Indian Education Center (Teepee), Passenger Gondolas,
Limiled Bus Shuttle, Employee Housing, Maintenance Facilily, Foam Factory Children's Climbing Area and Cave Tours; 4) Passenger gondolas shall continue to accommodate bikes; 2
1111 ii"l.l'I~MIHlI.NIIIIII\I\oUI',1J¥~laml'l~1+II ~I~ 11111 Reception" : ·738278 OB/09/2007 10 :29 ;DO ~M Jo.n Alborioo 3 01 4 Ree Fee ;$O.OD Doc FS6:0 00 GARFIELD COUNT V CO 5) The
ultimate build oui capacity for the gondola is 36 gondola cars in 12 groups of 3 with each gondola car having a 6 passenger capacity; 6) The Applicant shall be responsible for snow removal
on 50% of the travel way of Transfer Trail; 7) The applicant shall adhere tp the following suggestions provided for by the Division of Wildlife in Sonia Marzec's referral letter dated
April 16, 2002: a. There shall be no outside storage of any trash or garbage anywhere within the property, with the exception of bear-proof trash containers b. Refuse kept in non bear-proof
containers should be kept within secure structures that are not likely to be broken into by bears c. There shall be no dumps or underground disposal of refuse on site d. Except for bird
feeders, the feeding, baiting, salling, or other means of attracting wildlife to site is prohibited . e. Bird fee;:lers should be strategically placed to avoid being an enticement for
bears f. Tourists and other users to the site should be made aware of the local wildlife community by utilizing information provided by the Division of Wildlife. 9) All conditions set
forth in Resolution 2004-56 shall be rescinded once the Special Use Perrnit approved by the Board of County Conunissioners on June II th, 2007is issued. 10) If the tramway becomes obsolete
or inoperable for any period exceeding twelve months, the applicant shall remove the Imffiway at their own expense. II) Bus/van guest transport shall only accommodate guest unable to
utilize the gondola cars due to Acrophobia or other medical conditions, maintenance vehicles and emergency evacuations; 12) The Applicant shall maintain a total of 35,000 gallons of
water on-site for [ue protection; 13) The Applicant shall provide engineered drawing of the proposed fue protection pond prior to const11lction for approval is constructed; 14) The existing
2,000 gallon leach field shall be inspected by an engineer licensed by the State of Colorado. A statement of condition and adequacy verifying it's ability to serve the proposed employee
housing and provided emergency storage of sewage on. site when waste water is unable to be transferred to the City'S sewer system. 3
·.1111 AII'i.'I~M,HljJol1', ,141, ,11Ir~'=IIf~'I"'L Ir"~'~ 11111 Reception": 738278 98/0812Q{)7 10:29:00 AH Jean Alberlco .4 0' 4 Reo fee:SO.OO 000 Fee;().00 GARFIElD COlllfTY CO 15)
Parking of personal vehicles beionging 10 employees residing on-sileduring the months of May, June, July, August and September shall not be allowed on the subjecI property; fo~ 11 Dated
this __ day Of---,-,UM,-=-:..;~"""",,-__ " A.D. 2007 ATTEST: COUNTY BOARD OF N RS,GARFIELDCOUNTY, k of the Board Upon motion duly made and seconded the fore following vote: was adopte
by the ______ . COMMISSIONER CHAIR JOHNF. MARTIN . _ . __ n. __ ,Aye ~C~O~MMIS~~SI~O~N~E~R~L~ARR~~Y~L~.M~C~C~O~¥rN~L-_________ ,Aye ~C~O~MMI~~S~SI~O~NE~R~T~RE~-~S~I~H~O~UP~T __________
~,Aye STATE OF COLORADO ) )ss . County of Garfield ) I, , County Clerk and ex-officio Clerk of the Board of . County Commissioners, in and for the County and State aforesaid, do hereby
certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and afflxed the seal of said County, at Glenwood Springs, this __ day of ,A.D. 2007. County Clerk and ex-officio Clerk of the Board of
County Commissioners 4
PRE-ANNEXATION AGREEMENT TO PROVIDE WATER ANDIOR SEWER SERVICE TillS AGREEMENT made and entered into this _ day ofJuly, 2002, by and between the CITY OF GLENWOOD SPRlNGS, COLORADO, a
Colorado home-rule municipality ("City") and Glenwood Caverns, Inc., a Colorado cotporation, and Glenwood Tramway, LLC, a Colorado limited liability company (hereinafter "Petitioners");
WITNESSETH: WHEREAS, POW, Inc., a Colorado cotporation, is the owner of certain real property currently located in unincotporated Garfield County, Colorado, described as Section 3: NW/4SWf4
and of Section 4: Lot 10, Township 6 South, Range 89 West, Sixth Principal Meridian (the "Property"); and WHEREAS, Glenwood Caverns, Inc. and Glenwood Tramway, LLC are the lessees of
portions ofthe Property; and WHEREAS, POW, Inc. Wld the Petitioners desire to annex the Property and connect it to the City's water and sewer system; and WHEREAS, C.R.S. § 31-12-121,
as amended, authorizes theCity and Petitioner(s) to enter into a Pre:-Annexation Agreement; and . WHEREAS, the City and Petitioner(s) desire to enter into this Agreement to set forth
their agreements in Writing concerning the terms and conditions of annexation of the Property to the City and the provision (jfwater and sewer service to the Property. . NOW, THEREFORE,
for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the City and Petitioner(s) agree as foHows: 1. Purpose. The purpose ofthis Agreement is to set forth the terms and conditions of the annexation of the Property to the City. Except as
expressly provided for herein to the contrary, aU conditions herein are in addition to any and all requirements concerning annexation contained in the Municipal Code of the City of Glenwood
Springs (hereinafter "CitY Code") or the Municipal Annexation Act of 1965, as amended, c.R.S. § 31-12-101, el seq. This Agreement is intended to provide a contractual relationship between
the City and Petitioner(s) to ensure compliance with the City Code, state statutes, and all terms and conditions set forth herein. This Agreement includes additional terms and conditions
for the putposes of the Municipal Annexation Act. Pre-Annexah"on Agreement Page f of8
2. Effective Date. This Agreement shall be effective upon the date of execution by the City of Glenwood Springs of this Agreement or the execution ofan aerial tramway lease agreement
for the installation of an aerial tramway across City property whichever is later. 3. Annexation. The annexation of the Property shall be in accordance with the Colorado Municipal Annexation
Act of 1965, C.RS. § 31-12-101, et seq., as amended. 4. De-Annexation from Special Districts Including Fire Service. Petitioner(s) shall petition for exclusion from any taxing districts,
including the Glenwood Springs Rural Fire Protection District, which provide services to the Property that the City is capable of providing, at such time as the Property is annexed into
the City. All costs of de-annexation shall be borne by Petitioner(s). 5. Fees. Petitioner(s) agree to pay the following fees related to the deVelopment ofthe Property: B. Water System
Improvement Fees. Petitioner(s) agree to pay water system improvement fees in the amount of $3,693.64, subject to an annual increase not to exceed five percent (5%) per year, unless
otherwise amended by City Council on B City wide basis prior to the payment of such fees. b. Creditfor Existing Service. Petitioner(s) may be acquiring a two (2) inch water tap which
has previously been paid for by the current owner. In the event Petitioner(s) acquire said tap the number of EQR's available from the tap shall be detennined based on its historic location.
After such detennination is made the total number of EQR's available will be deducted from the total Water System Improvement Fees provided for in Paragraph 5.a. c. Sewer System Improvement
Fees. Petitioner(s) agree to pay applicable sewer system improvement fees at such time .as the City and the Petitioners agree to the terms and specifications for the provision of sewer
service to the Property, subject to an annual increase not to exceed five percent (5%) per year, unless otherwise amended by City Council on a City wide basis prior to the payment of
such fees. d. Miscellaneous. Petitioner(s) agree to pay all actual costs incurred for notice publication, recording fees, and similar reasonable administrative charges related to the
annexation or this Agreement. 6. Easements. Petitioner(s) shall obtain, at their own cost, all easements necessary for water or sewer facilities which serve Petitioner(s) property. Petitioner(s)
shall submit engineering drawings of the proposed easement widths and specifications for review and approval by the City Engineer, which approval shall be based upon generally-accepted
engineering standards and practices and shall not be unreasonably withheld. Pre-AnnexalJ'on Agreement Page 2 ofB . -' -.~ -.-------_._-.. _-.--'---.-\
) 7. Ownership and Maintenance. a. Internal Service Lines alld Facilities. Petitioner(s) or their successors shall own and maintain all water and sewer facilities within the bOWldaries
of the Property in perpetuity this shall include all facilities which are suspended from the Tramway as well as all internal facilities located in Two Rivers Plaza Subdivision which
serve the Property. b. Main Lille and Service Extensioll. Petitioner(s) or their successors shallown and maintain any necessary water and sewer main line and service extensions and related
easements. 8. Plans and Specifications. The plans and specifications for the installation, maintenance, and operation of the water and sewer facilities shall be in conformance with the
City's guidelines and shall be subject to the prior approval of the City staff, such approval not to be unreasonably withheld. A licensed, professional engineer selected by Petitioner(s)
shall provide certification that all water and sewer facilities and improvements arc installed in accordance with the approved plans and specifications. Petitioner(s) shall provide the
City with Mylar and AutoCad drawing files of the "as builts" of all water and sewer facilities constructed pursuant to this Agreement. 9. Service Fees. The CityshaU be entitled to charge
reasonable IDonthly service fees for water and/or sewer service within the Property as are provided for and established by the Municipal Code. 10. Unforeseen Costs. Petitioner(s) agree
to indemnify, defend and hold the City harmless against any costs or liabilities arising out of and directly connected with this Agreement; provided, however, that in the event oflitigation
the City agrees to cooperate with Petitionrr(s) in the defense of any claim and not to refuse reasonable settlement opportunities; further provided that . Petitioner(s) shall have the
right to retain counsel of their choosing to comply with this Paragraph, or the City IDay utilize its own counsel at its own expense. The City agrees, to the extent permitted by law,
to indemnify, defend and hold the Petitioners harmless against any costs or liabilities arising out of and directly connected with the installation and operation of a radio tower on
the Tramway. 11. City Staff. Petitioner(s) agree pay a one time non-refundable fee of $750.00 to reimburse the City for all of its reasonable expenses for paid staff and consultants
relating to the . negotiation, drafting, and execution of this Agreement and relating to construction of the water and sewer facilities to be paid within sixty (60) days of execution
of this Agreement. 12. Provisions Exclusive. The City and Petitioner(s) agree and acknowledge that this Agreement contains all requirements of the Petitioner(s) concerning the provision
of water and sewer service to the Property, parkland dedications, transportation impact fees, water rights dedications, Pre-Annexation Agreement Page 3 of8
and other matters expressly addressed under this Agreement. No additional substantive requirements shall be imposed upon Petitioner(s) with regard to the matters addressed herein. 13.
Annexation. At such time as the Property has sufficient contiguity with the boundaries of the City of Glenwood Springs, and the City so notifies Petitioners in writing, Petitioner(s)
agree to file a Petition for Annexation within sixty (60) days of the date said contiguity occurs. In the event that Petitioner(s) fail to timely file a Petition for Annexation pursuant
to this paragraph the City shall have the right, subject to the Municipal Annexation Act of 1965 as amended, to annex the property at such time as the City deems appropriate. By entering
into this Agreement the Petitioner(s) specifically waive their right to contest such annexation if it is commenced pursuant to the provisions of this paragraph 13. 14. De-annexation.
The parties agree and stipUlate that the express provisions of this Agreement are a material consideration of the agreement ofPetitioner(s)to annex the Property to the . City. Therefore,
in the event the City fails to perform under this terms of this Agreement as stated, the parties stipulate and agree that, pursuant to C.R.S. § 31-12-501, it shall be in the best interest
of the City that the Property be disconnected from the City. In such event, the City agrees to enact an ordinance effecting such disconnection and will speedily act upon any application
for disconnection submitted by Petitioner(s). The City further agrees and acknowledges that such disconnection is authorized by the Charter of the City of Glenwood Springs and the applicable
ordinances enacted by the City and that it shall take no action amending either its Charter or ordinances that would preclude such disconnection. 15. Election. Petitioner(s) agree that
they are voluntarily entering into this Agreement. Petitioner(s) represent and submit that, to the extent an election would be required pursuant to C.R.S. § 31-12-112, as amended, to
approve the annexation or to impose terms and conditions upon the Property to be annexed, Owners own 100 percent of the Property to be annexed and would vote to approve the annexation
and aU terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions herein.
16. Assignment. The parties agree and acknowledge that the rights and obligations of the Petitioner(s) under this Agreement may not be assigned or transferred without the express written
consent of City prior to such assignment or transfer, which consent shall not be unreasonably withheld. The City hereby consents to an assignment of Petitioners' rights under this Agreement
as follows, provided that Petitioners first give written notice of such assignment to the City and provided such assignee agrees in Writing to be bound by the terms and conditions of
this Agreement: (a) Petitioners may provide a collateral assignment of their rights under this Agreement to any lender providing funds to Petitioners for the acquisition, construction
or financing of the aerial tramway or related property or for working capital purposes; and (b) Petitioners may assign their rights under this Agreement to (i) any person or entity owning
Lot I, Two Rivers Plaza Subdivision (the Tramway base property), (ii) any person or entity owning the real estate now owned by POW, Inc., where the Glenwood Caverns are located, or (iii)
any person or entity owning the aerial tramway system. Pre-Annexation Agreement Page 4 or8 -~ ... ~-~""", --. -. --...... ---.. --..
17. Final Agreement. This Agreement supersedes all prior written and oral agreements and representations of the parties and is the total integrated agreement between the City and the
Petitioner(s). 18. Modifications. This Agreement shaH not be amended except by subsequent written agreement between the City and the Petitioner(s). 19. No Representations. It is expressly
understood that the City cannot legally be bound by the representations of any of its officers or agents or their designees except in accordance with the City Code and the laws oflbe
State of Colorado. Petitioner(s), when dealing with the City, act at their own risk as to any representation or undertaking by the City officers agents or their designees that is subsequently
held unlawful by a court of law with competent jurisdiction. 20. Captions. The captions and paragraph headings in this Agreement are inserted only for convenience and in no way define,
limit, or prescribe the scope or intent of this Agreement or any part thereof. 21. Binding Effect. This Agreement shall be binding upon and inure to the benefit ofthe parties hereto
and their respective heirs, successors, and assigns. 22. ·Severability. Ifany provision(s) of this Agreement shall be determined to be void or invalid by a court of competent jurisdiction,
then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect. It is the intention of the parties hereto that,
if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision
shall have the meaning that renders it valid. 23. Governing Law. This Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of Colorado. Should
any party institute suit or action for enforcement of any obligation coniained herein, it is agreed that the venue of such suit or action shall be in Garfield County, Colorado. 24. Attornevs'
Fees: Survival. Should this Agreement become the subject oflitigation between the City and Petitioner(s) (or any of them}, the prevailing party shaH be entitled to recovery of all actual
costs in connection therewith, including but not limited to attorneys' fees and expert witness fees. All rights concerning remedies and/or attorneys' fees shall survive any termination
of this Agreement. 25. Authority. Each person signing this Agreement represents and warrants that he or she is fully authorized to enter into and execute this Agreement and to bind the
party on whose behalfhe or she purports to sign to the terms and conditions hereof. Pre-Annexation Agreement Page 5 or8
26. Counteroarts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument.
This Agreement may be executed by facsimile signature; provided that the original signature page shall be transmitted to the other party by regular mail within ten (10) days of such
facsimile signature. 27. Notice. All notices required under this Agreement shall be in writing and shall be sent by hand-delivery, facsimile transmission, orregislered orcertified mail,
return receipt requested, postage pre-paid, to the addresses of the parties set forth herein. All notices by hand delivery or facsimile shall be effective upon actual receipt. All notices
by mail shall be cPnsidered effective seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth below. Either party by notice so given may change
to address to which future notices may be sent. Notice 10 the City: With copy to: Notice to Petitioner(s): With copies to: Pre-A.nnexation A.greement City of Glenwood Springs 101 West
Eighth Street Glenwood Springs, CO 81601 Fax (970) 945-2597 City Manager City Attomey . 10 I West Eighth Street Glenwood Springs, CO 81601 Fax (970) 945-2597 Glenwood Caverns, Inc. and/or
POW, Inc. c/o Steve Beckley 50S Pine Street Glenwood Springs, CO SI60 1 Glenwood Tramway. LLC Address: c/o Charles Peterson 302 So. Sth SI., Suite 325 Glenwood Springs, CO 81602 Susan
B. Hillyard, P.C. 540 Main SI., Suite lOS POBox 80S Delta, CO S1416 Page 6 of8
and: Glenn D. Chadwick Beanie & Chadwick 710 Cooper Avenue, Suite 200 Glenwood Springs, CO 81601 28. Gender. Whenever the context shall require, the singular number shall include the
plural, the plural the singular, and the use of any gender shall be applicable to all genders. WHEREFORE, the parties hereto have executed duplicate originals of this Agreement on the
day and year first written above. CITY OF GLENWOOD SPRINGS By: ATTEST: -=tSd ~' fk r . ; , I ; ~/~~./~. City Clerk /' PETITIONERS GLENWOOD CAVERNS, INC. By: ~ St;ve Beckley, President
GLENWOOD TRAMWAY, LLC By: ~ Consent by: POW, INC. By: Sl~ Pre-Annexah'on Agreement Page 7 of8
) STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this23rdday of July, 2002, by Steve Beckley, as President of Glenwood Caverns, Inc.,
a Colorado cOIporation, on behalf of said cOIporation, by Charles R. Peterson, as a Member and Manager of Glenwood Tramway, LLC, a Colorado limited liability company, on behalf of said
company, and by Steve Beckley as President of POW, Inc., a Colorado corporation, on behalf of said corporation. ",."'''" .... ..• -,\ . .-," ". ,,' " \.. II. ' '., ...J..&jrl11~~!!c.·:~:::·
...:;c..:..,!-:.~~~~L~. :/:.::~-;\~~i·~.·;·);j~~i~\ ~.~~ ;;;--~-~_ }CJ ~ Witness my hand and official seal. '. c, ·. /!./i" "1:..: <) :; ....:~ ~~ .,.. .~~ . :.'. . ~.·~~?,l~-. 0 j':
C I) \:-. .J, ••• ~' ." , .. ,,,,,, ,,.''> My Commission Expires: -'-1_--=2_'I'---....U. =.·""O. '..I '--__ STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instnunent was
acknowledged before me this B4if;fay onuly, 2002, by Don Vanderhoof as Mayor, and by Robin S:-Clemons as City Clerk, oflhe City of Glenwood Springs, Colorado, on behalf of said City.
Witness my hand and official seal. Notary Public My Commission Expires: MYCOMMISSION EXPIRES 1112812005 Pre-AnnexaJion Agreement Page 8 of8
June 10,2002 Chuck Peterson Steve Carver Steve Beckley ';: .' ; .' On June 6, 2002, the Glenwood Springs City Council approved your Major Development Permit for a Tram, Hotel and Commercial
Complex on Lot 1 of the Two Rivers Subdivision. The follOwing conditions apply to this application: 1. All material representations made within this application are to be considered
factual and true. This application states that this will be a phased project. The armlication includes a p~g schedule The --. ------a""'p:"p~JI~·c:a:::n~t' will be held to this phasing
plan as stated in this application by commencing development on each phase on or before the stated date or all subsequent phases will be void. 2. The applicant shall: pay a proportional
cost:Qf:the purchllseaod install<!tion of a traffic Signal at the interseption. qlDevereuxHoad and, Highway 6,in accordance with the terms of the Two Rivers Plaza Subdivision Agreement
between the City 01 Glenwood Springs and RDS Riverview LLC, dated July 10, 2000, as amended on April?, 2001 and November 13, 2001. 3. The applicant shall submit and adhere to the proposed
parking plan components as follows: a. Advertising brochures for the tramway and caverns encouraging the use of public transportation for access to the tramway base. b. Reservation system
messages promoting public transportation utilization. c.· .Employee policy manuals establishing an on-site parking priority for ,. visitors and invitees,. with. appropriate . limitations
Of) .emplOY('le parking during periods of demand . . ", :.:,' -. : . ' . ' .. ,. "" . ,. 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-2575 FAX: 945-2597
d. Covenant restrictions binding all property owners to adhere to the above requirements. The agreement shall allow the City to enforce the terms of conditions if the City chooses. 4.
The applicant shall revise their drainage/parking plan to accommodate the on site detention without impacting key parking spaces by relocating handicap spaces on the site to areas which
do not have any material impact from surface detention. The applicant will resolve drainage and snow storage to staff's satisfaction, it being agreed that snow storage may include removal
to an off site location. The applicant will resolve to staff's satisfaction comments from Public Works and Engineering Department, which have been provided to applicant. 5. Prior to
the tram starting operation, the temporary parking lot shall be graveled and not transport mud or dirt onto City streets. Upon completion of the retail space or eighteen months after
the tramway operations' commencement, whichever is first, the parking lot will be curbed, guttered and paved. 6. Prior to the issuance of the Develop-ment ~ermit,-'h~j!Rp-licant will
d_eveloR_ ____ _ __ _._ with the City's Fire Department an emergency plan addressing both the tram and the mountain top development to the satisfaction of the Fire Department. 7. Prior
to the issuance 01 the Development Permit, the applicant shall submit samples/details of all materials and colors used lor the entire project for the Community Development Director's
approval. 8. Prior to the issuance 01 the Development Permit, the applicant shall submit a lighting plan for both parcels. The entire project shall conform to the City's lighting ordinance.
9. There will be no exterior/interior lighting of the tram, transports or the towers except as may be required by other governmental authorities having jurisdiction. 10. The Tram and
visitor center and all roofs shall use natural non-reflective colors on the towers, the conveyance, the associated cables and utilities. The transport and all mountain structures will
have non-reflective glass. Prior to the issuance of any building permits, stall shall review and approve colors and glazing. 11. The applicant will work with staff prior to the issuance
of the building permit for the retail space with regards to the sidewalk along Devereux Road. The applicant will either install the sidewalk per plans or, if mutually CC Action.doc
agreeable, enter into an agreement with the City with regards to future plans and pedestrian access to the Two River's Park. 12.lf water service to the upper terminal parcel so requires,
the applicant shall enter into a pre-annexation agreement for the City water usage outside City limits. 13. The applicant acknowledges that if the tramway is abandoned they will constitute
a public nuisance. The applicant shall provide perpetual security in a form and amount acceptable to the City Attorney to provide for the removal and reclamation of the tramway both
within and without the City if the tramway is abandoned. For purposes of this approval, abandonment shall mean the non-use of such facilities for a period of 2 years. 14. Prior to the
issuance of the Development Permit, Ihe applicant shall provide the approval of COOT to cross their lands and ROW. 15. All necessary easements for the tram alignment, utilities and access
shall be provided prior to the issuance of the development permit. 16. The am>licant shall enter into a Develo[1ment Agreement with the Cit}/._. ___ incorporating representations of
the applications and conditions of approval, prior to the issuance of the Development Permit. 17. The road access to the site will be limited to emergency, service and handicapped access.
18. Co-location of telecommunication facilities shall be governed as it the towers were existing telecom facility as defined in the GSMC. Please contact Robin Millyard, Public Works
Director, with regards to acquiring the necessary City easements. Respectfully; Patti Haefeli, AICP City Planner CC Action.doc
I I I I I I I I I I I I I I I I I .. _ .. -_.-~.---.. ..... -.---..... ~-... -. -~-... ---FORM 2800-14 (August 1985) ISSUING OFFICE Glenwood Springs Resource Area 1. 2. 3. UNITED STAT(,;S
DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER COC-62757 A right-of-way is hereby granted pursuant to Title V of the Federal Land Policy and Management
Act of October 21, 1976 (90 Stat . 2776; 43 U. S.C . 1761) . Nature of'Interest : a. b. c. d. e. By this instrument, the holder: JMB Properties, Inc. P.O. Box 4491 Englwood, Colorado
80155 receives a right to use, maintain, and terminate an access road on public lands as follows: Sixth Principal Meridian, Colorado T. 5 S . , R. 89W. sec . 36, Sl12S(';1/4 T. 6 S.,
R. 89 W. Sec. 3, lot 2 sec . 4, lot 1,2,3, NEl/4SWl/4, NWl/4SEl/4 The right-of-way or permit area granted herein is 35 feet wide, 12,000 feet long and contains 9.64 ·acres, more or less.
This instrument shall terminate on December 31, 2029, 30 yesrs (plus or minus) from its effective date unless, prior thereto, it is' relinquished, abandoned, terminated, or modified
pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. This instrument may be renewed. If renewed, the right-of-way or permit · shall
be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest . Notwithstanding
the expiration of this instrument or any renewal . thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue
in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the
expiration, or prior termination, of the grant. Rental : For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value as determined
by the authorized officer unless specifically exem, pted
I I I I I I I ) I I I I I I I I I I 4 . .. ..... __ . ,".--." ... -... -----------_. from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized
officer, whenever necessary, to reflect changes in the fair market value as determined by the application of sound business management principles, and 90 far as practicable and feasible.
1n accordance with comparable commercial practices. Terms and Conditions: a . b. c. d. e. f. This grant or permit is issued subject to the holder's compliance with all applicable regulations
contained in Title 43 Code of Pederal Regulations part 2800. Upon, grant termination by the authorized officer, all improve .. ents sha~l be removed from the public lands within 90 days,
or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. Each grant issued for a term of 20 years or more shall, at a minimum, "be reviewed
by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may
be reviewed at any time deemed necessary by the authorized officer. The stipulations, plans, maps, or designs set forth in Exhibits A & B , dated May 4, 1999, attached hereto. are incorporated
into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. Failure of the holder to comply with applicable law or any
provision of this right-of-way grant or pe~it shall constitute grounds for suspension or termination thereof. . The holder shall perform all operations in a good and workmanlike manner
so as to ensure protection of the ~nvironment and the health and safety of the public. IN WITNESS WHEREOF, the undersigned agrees to the terms and conditions of this right-of-way grant
or permit. (Signature of Authori~ed Officer) (Title) s/~ l(Date)
) I .. -! I I ---------"EXHIBIT A" Right-of-Way COC-62757 ---______ _ Glenwood Springs Quad. Mo.'{ '1 I 1'1'~ 'l
) I I I I I I I I I ) I I I I I I I I I I ........ -... ...... .. -.......... ----_. .. ..... ---_.----_. .... -_.. . --...-.-SPECIAL STIPULATIONS COC-62757 ... -_.--_.---_._---EXHIBIT
B May 4, 1999 1. Any cultural and/or paleontological resource (historic or prehistoric site or object' discovered by the holder, or any person working on his behalf, on public or Federal
land shall be immediately reported to the authorized offi cer. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued
by the authorized off icer. An evaluation of the discovery will be made by the authorized officer to determine appropriate actions to prevent the loss of significant cultural or scientific
values, The holder will be r esponsible for the cost of evaluation and any .decision as to proper mitigation measures will be made by the authorized officer after consulting with the
holder . • 2 . The ho1der(s, shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder(s, shall comply with
the Toxic Substances Control Act of 1976, as amended (15 U. S.C . 2601, ~ ~.' with regard to any toxic substances that are used, generated by or stored on the right-of-way or on facilities
authorized under this right-of-way grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761 .193.1 Additionally, any release of toxic
substances (leaks, spills, etc . ) in excess of the reportable quantity established bY 40 CFR Part 117 shall be reported as required by the Comprehensive Environmental Response, COMpensation
and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of A reportable release or spill of any toxic
substances shall be furnished "to the authorized officer concurrent with the filing of the reports to the involved Pederal agency or State government . 3 . The holder of Right-of-Way
No . · COC-62757 agrees to indemnify the united States against any liability arising from the release of any hazardous substance or hazardous waste (as these terms ar.e defined in the.
Comprehensive Environmental ReBponse, Compensation and Liability Act of 1980 , 42 U.S.C. 9 ~01, ~ ~. , or the Resource conservation .and Recovery Act of 1976, 42 U.S.C . 6901, ~ ~.I
on the right-of-way (unless the release or threatened release is wholly unrelated to the right-of-way holder's activity on the right-of-way . This agreement applies without regard to
whether a release is caused by the holder, its agent, or unrelated third parties. 4. The holder shall be responsible for weed control on the right-of-way. The holder is responsible for'consulting
with the authorized officer and/or local authorities for acceptable weed control methods. 5 . Use of pesticides shall comply with the applicable federal and State laws. Pesticides shall
be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesti cides , the holder shall obtain from
the authorized officer an approved Pesticide Use Proposal . 6. Unless otherwise noted, the holders use of this road right-oE-way will comply with the Garfield County Building and planning
Department Land Use Application dated September 1998, submitted on behalf of JMB properties, Inc. and POW, Inc. 7 . Use of the road for cave tours will be restricted to the period from
April 1, to October 31, weather and road conditions permitting. 8. Existing culverts will be kept clean. Energy dissipating spreaders or riprap will be installed at culvert outlets to
control erosion.
· .~---......... .... ..: .... ... -..... ~-.... -.--"" ....-............ -.-...-. -.-..... _._.. _._ _ ._... .....----'-"'-'---' .. _-------I I I I I I ) I I I I I I I I I I I I I 9.
Soft spots along the roadway will be repaired by using a subdrain system or by replacing sections of the roadway with clean pit-run. 10 . Blading will be done on a regular basis . Dust
will be controlled with magnesium chloride or other suitable agent as necessary. The holder is responsible for contacting the Air Quality Control Division to obtain all nec essary permits
or exemptions. 11. A sign will be installed near the intersection of Traver Trail and Transfer Trail to alert other users of the road to van traffic. 12. The holders use of wheeled vehicles
on the right-of-way during the winter seasonal closure period will be compatible with snowmobile use . The holder will participat~ in and adhere to the specialized snowplowing operations
required . 13. Each Spring the holder will submit an annual operating plan for approval by the authorized officer. This plan will deal with maintenance and use problems. 14. A litter
policing program shall be implemented by the holder, and approved by the authorized officer, which covers all roads and sites associated with the right-of-way . 15 . Surface disturbing
activities are restricted to the road area that has been previously disturbed . Any new disturbances will require the specific approval of the Authorized officer.
I I I I I I I ~ I I I I I I I • I' United States Department of the Interior BUREAU OF LAND MANAGEMENT Glenwood Springs Resource AJu 50629 Highway 6 and 24 IN IW'I.Y wn. TO. P.O. Box
1009 2800 COC-627S7 (CO-140001 OIenwood Springs, Colorado 81602 JMB Properties, Inc. ATTN. Steve Beckley 508 Pine Street Glenwood Springs, Co. 81601 Dear Mr . Beckley: November 8, 1999
You have inquired about ' modifying your right-ot-way COC-627S7 to provide for access for cave tours in the winter season .using your four wheel drive van vehicles instead of buses.
Special stipulation .7 now restricts tour access to the period from April 1 to October 31. Pl~ase be advised that right-ot-way COC-627S7 is hereby modified to allow cave tour access,
using four wheel drive vans, during the winter seaBon from November to March 31, weather and road conditions pepmitting. We note that road surface conditions have improved in the last
year . If you have any further questions, contact Vaughn Hackett .of my staff at (9701 947-2834. Sincerely, Michael S. Mottice Area Manager
) United States Department of the Interior BUREAU OF LAND MANAGEMENT IN RULY R£F.ER 10, COC-627S7 (CO-14 000) JMB Properties, Inc. Glenwood Caverns ATTN. Steve Beckley 51000 Two Rivers
Plaza Glenwood Springs, co 8'1601 Dear Mr. Beckley: Glenwood Springs Resource Arca 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 April 29, 2004 You have inquired
about public non-motorized access to your upper tramway terminal facility using your existing road right-oi-way COC-627S7 (Transfer Trail). The non-motorized public (foot -bicycle )
may use your road right-ofway to a ccess your property for commercial visits . If you have any questions please contact Vaughn Hackett, Realty Specialist at 970 947 -2 834. Manager ".
, ., . , .