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HomeMy WebLinkAbout2.0 DocumentationL.) JMB PROPERTIES, INC. 6172 S. Jericho Way Aurora, Colorado 80016 (303) 617-3036 February 25, 1999 John Barbee Garfield County Planning 109 8th Street, #303 Glenwood Springs, CO 81601 Dear John; Thank you for meeting with Dave Michaelson and myself to discuss the Glenwood Caverns Project. It was very beneficial hearing your inputs and developing a plan that would be beneficial to the City, County and the project. The following is a summary of each item that we discussed. 1. City item #2 comprehensive plan — Rock Creek Studios will provide the updated site plan with an access, parking, and layout. The updated site plan will also detail the location of future restroom facilities that will be connected to a septic system. Rock Creek Studios will also provide a visitor's center rendering. 2. City item #5 improve Transfer Trail; we agree only to the extent that is allowed by BLM. 3. City item #8 No public access beyond Van trips; This should be changed to "vehicular public access". 4. City item #9 only 25 persons on site at one time; this should be changed to a minimum of 100 and have the ability to increase as we develop the project. 5. City item #10 limited hours from daylight to dusk; this should be changed to allow for evening maintenance and special night functions on the weekend; 6, City item #15 the county will provide a copy of the Colorado Forest Stewardship Guidelines. 7. City item #17 no retail operations underground; this item should be removed. As we discussed we will eventually have a digital photo site where we can take visitors pictures underground. There are no plans for a Carlsbad type Cafeteria. 8. City item #19 parking and staging area; 1 left a copy of our lease with Hotel Colorado that provides the usage of all the Hotel's parking and staging areas. Thanks again for meeting with us. We look forward to our hearings on March 10i° and April 5'". If you have any questions please call me at (303) 617-3036. Sincere) eve ec CC: Dave Michaelson Ed WdLP:Z0 8661 8Z 'ady : 'ON XHd : Woa • ('. COMMERCIAT, LEASF, THIS LEASE is made and entered into this day of November, 1998, by and between GLENWOOD PROPERTIES, INC., a Kansas Corporation qualified to do business in Colorado, hereinafter referred to as "Lessor", and JMB PROPERTIES, INC., hereinafter referred to as the "Lessee", and sometimes jointly referred to as "the Parties". WHEREAS, the Hotel Colorado is registered as a national landmark of historic significance, and wishes to provide to its guests accommodations in keeping with the historic significance and stature of' the Hotel, and to provide services to guests of the Hotel which are complimentary to the underlying purpose of the Hotel, and has determined that Lessee is a tenant which will compliment and help fulfill that purpose; NOW, THEREFORE, the Parties enter into the following Lease Agreement for the purposes and upon the terms and conditions set forth herein. ARTICLE 1 Grant and Term SECTION 1.01 Leased Premises, Lessor leases to Lessee, and Lessee leases from Lessor, that certain area of the Hotel Colorado at 526 Pine, City of Glenwood Springs, County of Garfield, State of Colorado, described as: 508 Pine Street, not including the garage (the "J eased Premises"), containing one -thousand -eight -hundred square feet, more or less. This grant shall include the right of Lessee's employees and invitees to use the "Common Areas" of Lessor's premises, which shall be defined to include all areas, space, equipment, and improvements made available by the Lessor for the common and joint use and benefit of Lessor, Lessee, and their respective employees, agents, invitees, and customers. These facilities include, by way of illustration and not limitation, the hallways and sidewalks of Lessor upon or within the Hotel, the parking around the Hotel, and toilet and washroom facilities for the use of Lessee and employees of Lessee. Without limiting the generality of the foregoing, this Lease shall include the right of Lessee, its employees and invitees, to use the parking areas for Lessee's customers to board and disembark from Lessee's buses, trolleys, or other vehicles. This use shall specifically include the use of the canopies in the parking areas. SECTION 1.02. Term of Lease, The term of this Lease and Lessee's obligation to pay rent hereunder shall commence on the first day of January, 1999, and shall end at midnight, December 31', 1999. 3 4) SECTION 1.03 Option to Renew. Lessee shall have an option to renew this Lease for a period of one year from January 1", 2000 to December 31", 2000, and successive like options for the one year periods of January 1", 2001 to December 31", 2001, January 1', 2002 to December 31", 2002, and January 1", 2003 to December 31", 2003, on the same terms and conditions as contained in this Lease, except that the monthly rental shall be adjusted as provided in Section 2.02 below as part of the process of Lessee's exercise of the option to renew. To exercise each annual option td renew, Lessee must notify Lessor in writing not less than 60 days prior to the expiration of the present term of this Lease, and sixty days prior to the end of any renewal term if this option to renew is properly exercised by Lessee, that it elects to exercise the option, in which event this Lease shall be automatically renewed for the additional period. This option shall be void, however, if Lessee is not in possession of the Leased Premises under this Lease at the time of giving such notice, if Lessee is in default under any of the terms of this Lease at that time, or if Lessee does not in fact exercise the option in writing prior to 60 days preceding the expiration of the initial or any renewal term. ARTICLE II Rent SECTION 2.01 Annual Rent. With respect to the Leased Premises and the initial term of the Lease, Lessee shall pay to Lessor an Annual Rent of SEVEN -THOUSAND -TWO -HUNDRED AND NO HUNDREDTHS DOLLARS ($7,200.00), which rent shall be payable in equal monthly installments of SIX - HUNDRED AND NO HUNDREDTHS DOLLARS ($600.00) in advance, without demand or notice, commencing on the first day of the term of this Lease, and continuing on or before the first day of each month thereafter, throughout the full term of the Lease and any extensions or renewals thereof, except as adjusted as provided for herein. SECTION 2.02 Rent Adjustment. (a) If Lessee exercises its option to renew the term of this Lease in accordance with Section 1.03 above, or holds over after the end of the initial or any renewal term of this Lease without the express extension or renewal of this Lease but with Lessor's consent, the Rent for the Renewal Term or any holdover period shall be SEVEN -THOUSAND -TWO -HUNDRED AND NO HUNDREDTHS DOLLARS ($7,200.00), plus any increase as determined in accordance with the provisions of subparagraph (b) below. (b) Adjustment. (1) As promptly as possible after the end of the initial term of this 1 Pase or the Renewal Tenn, or at the beginning of the first month of any holdover term, Lessor shall compute any increase in the Consumer Price Index, All Urban Consumers, U.S. City Average (1982-84=100) published by the Bureau of Labor Statistics. 2 (2) The "Base Index Number" shall be the Index number indicated for the All Urban Consumers entitled All Items for the month of January, 1999. The "Current Index Number" shall be the corresponding Index number for the month in which the renewal term or the holding over is to begin. (3) The Current Index Number shall be divided by the Base Index Number, carried out two places. Any resulting number greater than one shall be the adjustment factor for use in adjusting the amount of rent. (4) The increase referred to in subparagraph (a) shall be determined by multiplying the number computed in subparagraph (3), if greater than 1, by $7,200.00. The resulting number shall be the amount of the adjusted rent due for the renewal term or the next twelve months of any holdover term. (5) The number computed in subparagraph four for any holdover period shall be the rental for the succeeding period, after which another calculation shall be made in the same manner for any further holding over. (6) Lessor shall give to Lessee written notice of any such increase within a reasonable time after obtaining the necessary data for computing it. Lessor's computation shall be conclusive and binding, but shall not preclude any adjustment that may be required by a published amendment of the index figures upon which such computation was based unless Lessee notifies Lessor in writing of any claimed error therein within fifteen days after Lessor's notice of the amount of increase. SECTION 2.03 Late Payment Penalty. In the event that Lessee fails to pay any monthly rent installment within ten (10) days of the due date as above provided, Lessee shall pay a late payment penalty equal to five percent (5%) of the unpaid portion of the monthly rent installment, which penalty shall be paid at the time of the payment of the delinquent rent installment. Said late payment penalty shall be in addition to any other remedies which Lessor may have in event of default as hereinafter provided. SECTION 2.04. Place of Payment, All rent, amounts, and charges to be paid by Lessee hereunder, shall be paid to Lessor, in lawful money of the United States, at 526 Pine Street, Glenwood Springs, Colorado 81601, or at such other place as Lessor may hereafter designate in writing. 3 ARTICLE HI Lessee Obligations SECTION 3.01. Use of Premises, Lessee shall use the Leased Premises only for the office operation of Lessee and the Glenwood Caverns and Fairy Cave, including but not limited to the use of the Leased Premises as a meeting site and bus or trolley loading site for tours of the Fairy Caves by Lessee's invitees, and for no other purpose. Further, in connection with Lessee's use and occupancy of the Leased Premises, Lessee shall: (a) Not commit, or suffer to be committed, any waste upon the' Leased Premises, or any nuisance or other act or thing which may. disturb the quiet enjoyment of any other tenant or guest of the Hotel Colorado; (b) Not use the Leased Premises for any purposes prohibited by the ordinances of the City of Glenwood Springs, or the Laws of the State of Colorado; (c) Keep the Leased Premises clean and in a sanitary condition, and comply with the ordinances and the health and police regulations of the City of Glenwood Springs, Colorado, where applicable; (d) Neither modify nor utilize the Leased Premises or the walls or floors of the Leased Premises in a manner which jeopardizes the structural integrity of the building within which the Leased Premises are situate, including, by way of illustration and not limitation, overloading of the floor of the Leased Premises; (e) Not use the Leased Premises for any purpose which would render the insurance on the subject building void or the insurance risk more hazardous; (f) Allow Lessor's representatives to inspect the Leased Premises at any reasonable time during normal business hours, after reasonable prior notice to Lessee, provided such inspection shall not interfere with Lessee's normal business functions; (g) Hold Lessor harmless from any and all liability resulting from the maintenance, use, or operation of the Leased Premises by Lessee, including any loss to or destruction of such premises by vandalism or otherwise, excepting any such acts or omissions directly attributable to Lessor; (h) Maintain the Leased Premises, including maintenance of all glass, doors, and fixtures, including light fixtures and light bulbs, in good condition and repair and, upon termination of this Lease, redeliver the Leased Premises to Lessor in as good condition as when received, ordinary wear and tear excepted. Lessee's maintenance obligation shall include such repair, replacement and reconstruction 4 as may be occasioned by damage resulting from unauthorized activity directed at Lessee's business, such as vandalism and burglary. It is understood and agreed that Lessee accepts the risk of such damage as a cost of doing business and that Lessor's only obligation in this regard is to maintain the structural integrity of the building, driveways, parking lots, and common areas, as well as to maintain the operations of the water, plumbing, heating, and electrical systems in as good a state of repair as at the commencement of the term of this Lease Agreement. Nothing herein contained shall alter or in any way limit Lessor's right to undertake the necessary repair, at Lessee's expense, upon prior written notice to Lessee to make the repair and the failure of Lessee to do so, as hereinbefore set out; (i) Promptly pay all contractors and materialmen, so as to minimize the possibility of a lien attaching to the Leased Premises, and should any such lien be made or filed, Lessee shall bond against or discharge the same within ten (10) days after Lessee receives from Lessor notice thereof, with demand for bond or discharge; (j) With respect to any part of the Lease Premises which front on or are adjacent to the outside of the Hotel premises, or on any Common Area, not erect temporary signs, or displays of merchandise, and will keep such areas neat, orderly, and in keeping with the dignity and character of the Hotel premises; • (k) Cooperate with Lessor and other lessees so that the Common Areas shall at all times be kept and maintained in a clean, orderly, and sanitary manner. Lessee shall be responsible for, and hold Lessor harmless from, any cost, loss, or expense caused by any licensee, invitee, customer, or employee, while said licensee, invitee, customer, or employee is using the Common Areas of Lessor's premises. Lessee shall likewise be responsible for the appropriate demeanor and decorum of its licensee, invitee, customer, or employees while they are using the Common Areas of the Hotel. (1) Provide in writing to Lessor a list of Lessee's operating hours, days of operation, and a name, address, and telephone number of a person who can be reached in connection with an emergency with respect to the Leased Premises. Lessee shall, without demand or request by Lessor, keep such information current with Lessor, and provide new information from time to time as necessary to keep Lessor informed as provided herein. ARTICLE IV J.essor Obligations SECTION 4.01. Utilities, The Lessor shall supply, at Lessor's expense, all utilities, including electricity, heat, trash removal, and sewer and water, used by the Lessee at the Leased Premises for the conduct of the 5 3 Lessee's business. In no event shall Lessor be liable for any interruption or failure of service, or cost incurred as result thereof. Upon request of Lessee, Lessor will identify the circuits through which electricity is delivered to the Leased Premises and the capacity thereof. Lessee will not exceed the load capacity of the electrical circuits serving the Leased Premises. The cost of the basic utility service described in this Section is included as part of the rental provided for in Paragraph 2.01 above. SECTION 4.02 Common Areas Lessor shall furnish all light required in the common areas of the Leased Premises, and shall maintain and clean the common areas, including stairways, halls, accesses, and rest room facilities. All of the above services and utilities shall be furnished by Lessor at no additional separate cost or expense to Lessee. Lessor shall not be liable for any losses or damages incurred by Lessee due to the failure of equipment to operate or the necessity of repair. SECTION 4.03. Water Lessor shall provide water for ordinary purposes related to the stated use of the Leased Premises by Lessee, at no additional separate charge to Lessee. Lessee shall obtain the water through fixtures installed on the Leased Premises by Lessor, and any alterations or modifications that Lessee may desire must have the prior written approval of Lessor. SECTION 4.04. Pest Control, Lessor shall provide commercial pest control or extermination service for the entire building on an annual basis, including the Leased Premises, at no additional separate cost or expense to Lessee. Lessee will cooperate with Lessor and lessor's agents and subcontractors in allowing reasonable access to the Leased Premises, including storage areas and closets, so that the most complete coverage possible for maximum effectiveness may be obtained. SECTION 4.05. In -House Telephone Lessor shall provide Lessee, at Lessor's expense, with an in-house telephone line from the Hotel Colorado to the Leased Premises which may be accessed by Hotel guests or Lessee's customers from the Hotel rooms or the Hotel lobby. All other telephone service to the Leased Premises shall be arranged for and paid by Lessee. SECTION 4.06. Maintenance When Lessee desires maintenance service for its Leased Premises on an item for which Lessor is responsible for the maintenance, Lessee will make written request for maintenance services through the General Manager's office on forms to be provided by Lessor. Lessor will prioritize the maintenance request and arrange for Lessor's maintenance staff to complete the maintenance request as soon as practical, within the constraints of available staff, resources, and requests for maintenance service, both from other lessees and the Hotel. • 6 n ARTICLE V Alteration. Decoration Additions and Improvements SECTION 5.01. Conformance with Historic Character of Hotel,. Lessee expressly acknowledges the historic status and significance of the Hotel Colorado, both as a building and as an institution, and the fact that the Hotel has. been placed on the National Registry of Historic Places. Lessee will keep this status in mind in all proposed alterations, improvements, and signs proposed for use in or on the Leased Premises, within common areas in the vicinity of the Leased Premises, and on or about the exterior of the Building. Lessee acknowledges that Lessor will take these factors into account in making a determination with respect to any proposed installations by Lessee as provided herein, and that Lessor may withhold approval if, in the sole judgment of Lessor, the proposed installation does not comport with the historic status of the Hotel. SECTION 5.02. Installation by Lessee, Lessee shall not make or cause to be made any alterations, additions, or improvements, or install or cause to be installed any trade fixtures, exterior signs, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings, or make any changes to the Leased Premises without first obtaining Lessor's written approval and consent. Lessee shall present to Lessor plans and specifications for such work at the time approval is sought. All signs erected by Lessee shall conform to then existing City sign code requirements and be approved in writing by Lessor. Lessor agrees, subject to the foregoing, that Lessee may erect, at its sole cost and expense, a sign on the roof of the Leased Premises and one at the southwest corner of Lessor's property at Sixth Street and Grand Avenue. SECTION 5.03. Removal by Lessee All alterations, decorations, additions and improvements made by Lessee shall not be removed from the premises at any time without the prior written consent of Lessor. Any alterations, decorations, additions and improvements to or of the Leased Premises shall, upon the termination of this Lease, become a part of the Leased Premises and shall belong to the Lessor, unless otherwise agreed upon termination. Any provision in this Section to the contrary notwithstanding, Lessor shall have the right, upon thirty (30) days prior written notice to Lessee, to demand that Lessee remove any alterations, decorations, additions or improvements made by Lessee, and designated by Lessor to be removed, and Lessee shall forthwith complete such removal and repair any damage to the premises caused thereby, at Lessee's sole cost and expense. 7 ARTICLE 9 Insurance and Indemnity SECTION 6.01. Liability Insurance. Lessee shall, during the entire term hereof, keep in full force and effect a policy of public liability and property damage insurance with respect to the Leased Premises and the business operated by Lessee, in which the limits of public liability shall not be less than $1,000,000 per person and $300,000 per accident, and in which the property damage liability shall not be less than $50,000. The policy shall name Lessee as insured and shall designate Lessor, or any person, firm or corporation designated by Lessor as an additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving Lessor ten (10) days prior written notice. The insurance shall be in an insurance company approved by Lessor and a copy of the policy or certificate of insurance shall be delivered to Lessor. SECTION 6.02. Fire and Casualty Insurance, Fire and casualty insurance on the Leased Premises shall be maintained by the Lessor. SECTION 6.03. Indemnification, Lessee will indemnify Lessor and save it harmless from and against any and all claims, damages, liability, and expense in connection with loss of life, personal injury or damages to property arising from or out of any occurrence in, upon, or at the Leased Premises, or any part thereof, or occasioned wholly or in part by the Lessee, its agents, contractors, employees, or servants. Lessee's obligation to indemnify shall not extend to any injury, loss, claim, or damage to any person or property occasioned by any negligent act or omission by Lessor, its employees, agents, invitees, licensees, or contractors. In case Lessor shall, without fault on its part, be made a party to any litigation commenced by or against Lessee arising in connection with the Leased Premises, then Lessee shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorney's fees of Lessor that may be incurred in such case. SECTION 6.04. Lessee's Personal Property. Any insurance coverage of Lessee's Personal Property located in the Leased Premises shall be obtained by Lessee at it's sole cost and expense. ARTICLE VII Offset Statement Attornm • . Subordination SECTION 7.01. Offset Statement, Within ten (10) days after request therefor by Lessor, or in the event that upon any sale, assignment or hypothecation of the Leased Premises or the land thereunder by Lessor, an offset statement shall be required by Lessee, Lessee agrees to deliver in recordable form a certificate to 8 C r, any proposed mortgagee or purchaser, or to Lessor, certifying (if such be the case) that this Lease is in full force and that there are no defenses or offsets thereto, or stating those claimed by Lessee. SECTION 7.02. Attornment. Lessee shall, in the event any proceedings are brought for the foreclosure of this Lease or in the event of exercise of the power or sale under any mortgage or deed of trust made by the Lessor covering the Leased Premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease. SECTION 7.03. Subordination, Upon request of Lessor, Lessee will subordinate its rights hereunder to the lien of any mortgage or mortgages, or the lien resulting from any other method of financing or refinancing, now or hereafter in force against the land or buildings upon the land of which the Leased Premises are a part, and of all advances made or hereafter to be made upon the security thereof; provided, however, that any subordination by Lessee of its rights under this Lease shall provide that while Lessee is not in default under the terms of this Lease, it shall be entitled to the use and possession and quiet enjoyment of the demised premises in accordance with the terms of this Lease. ARTICLE VIII Assignment and Subletting SECTION 8.01. Prohibition Against Assignment or Sublet, Lessee is expressly prohibited from assigning or subletting this Lease in whole or in part, except as provided in Section 8.03 below. This prohibition against assignment or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law. SECTION 8.02. Change in Ownership, If at any time during the term of this Lease the business of Lessee shall be transferred by sale, assignment, bequest, inheritance, operation of law or other disposition, including any such disposition of part or all of the corporate shares of an entity owned or controlled by Lessee through which it does business at the Leased Premises, so as to result in a change in the ownership or control of the business carried on by Lessee, such transfer shall be deemed an assignment as prohibited in Section 8.01, and shall, at the election of Lessor, operate to terminate this Lease immediately upon the accomplishment of such transfer. SECTION 8.03. Permitted Assigns Notwithstanding the foregoing provisions of this Article VIII, Lessor consents to the assignment of this Lease Agreement to a corporation, partnership, or limited liability company of 9 oe 3Ea.totrgEa. %Y which Steve Beckley owns a controlling interest. In the event of such an assignment of this Lease Agreement, Lessee shall remain liable for the performance of all terms and conditions of this Lease Agreement, including by example but without limitation, the payment of rent and all other amounts due under this Lease Agreement. sA ARTICLE IX Default SECTION 9.01. J.essee's Default, The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee: (a) The vacation or abandonment of the Leased Premises by Lessee. (b) The failure by Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, where such failure shall continue for a period of five (5) days after Lessor's written notice thereof to Lessee. (c) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease other than non-payment of rent, where such failure shall continue for a period of fifteen (15) days after Lessor's written notice thereof to Lessee. (d) The filing by or on behalf of Lessee of a petition in bankruptcy, receivership, or in other bankruptcy -type proceedings, or the appointment of a trustee or receiver in bankruptcy, or any other receiver or assignee for the benefit of creditors, or any adjudication following an involuntary petition that Lessee is bankrupt. SECTION 9.02. Remedies, In the event of any such default or breach by Lessee, Lessor shall have the following remedies: (a) Lessor may pay the sum or perform the obligation which Lessee has failed to pay or perform, and the amount of such sum or the reasonable cost of such performance, plus interest at eighteen (18%) percent per annum, shall be paid to Lessor on or before the next rent payment date. (b) Without canceling this Lease Lessor may re-enter and re -let the Leased Premises or any part thereof, for such rent, upon such provisions, for such period and to such persons or person as may seem proper to Lessor, it being understood that Lessor will use diligence to find a new tenant or tenants and that it will not unreasonably withhold its consent and acceptance of any tenant or tenants proposed by Lessee if such proposed tenant or tenants possess good reputation 10 C r and financial stability and if the zoning and other governmental regulations and covenants in other leases then in effect with other tenants of Lessor will permit the use proposed by said new tenant. If the monthly rents received or to be received from such re -letting after the deduction of all lawful expenses incurred by Lessor in connection with re-entering and re -letting, including but not limited to expenses of restoring said Leased Premises to their condition at the time of signing hereof, commissions to agents, and attorney's fees, are less than the rent provided for in this lease, Lessor, at its option, may require Lessee to pay such deficiency month by month, or may hold Lessee liable in advance for the entire deficiency to be realized during the term of the re -letting. Lessor shall in no event be required to pay Lessee any sums realized by Lessor on such re -letting even though such sums exceed the rent charged in this Lease. Lessee agrees that such acceptance of .a tenant or tenants by Lessor in place of Lessee shall not operate as a cancellation of this Lease nor to a release of Lessee from performance hereunder, but any such substitute tenant shall constitute satisfaction only to the extent that it fulfills the obligations of Lessee under this Lease. (c) Lessor may cancel this Lease and all rights of Lessee in the Leased Premises, in which event all payments and all other obligations due under this Lease up to the date of such cancellation shall be paid and performed by Lessee. Lessor shall be entitled to its damages at law for breach of this Lease by Lessee, and all other rights and duties whatsoever of both Lessor and Lessee under this Lease shall cease as of the date of such cancellation, and the leasehold estate hereby created shall cease to exist. (d) The rights and remedies provided in this Section 9.02 are cumulative and may be invoked by Lessor at any time, concurrently or in any sequence at the option of Lessor. SECTION 9.03. No Waiver. No assent, express or implied, to the breach of any one or more of the covenants or agreements herein contained shall be deemed or taken to be a waiver of any succeeding or other breach. In the event of Lessee's default hereunder, Lessor may exercise any and all rights and remedies as provided herein, or as provided by law, and the use of any such remedy shall not be taken to exclude the subsequent right to use any other remedy except to the extent limited by operation of law. SECTION 9.04. Waiver of Rights of Redemption Lessee hereby expressly waives any and all right of redemption granted by or under any present or future laws in the event of the Lessee being evicted or dispossessed for any cause, or in the event of Lessor obtaining possession of the Leased Premises, by reason of the violation by Lessee of any of the covenants or conditions of this lease, or otherwise. 11 SECTION 9.05. Attorney's Fees, In the event of either party's default hereunder, the non -defaulting party shall be entitled to recover its reasonable attorney's fees and costs incurred in enforcing its right hereunder. ARTICLE X J,essee's Property SECTION 10.01. Taxes on Personal Property, Lessee shall be responsible for and shall pay before delinquency, all municipal, county or state taxes assessed during the term of this Lease against any personal property of' any kind, owned or leased by or placed in, upon or about the Leased Premises by the Lessee. SECTION 10.02 Joss and Damage,. Lessor shall not be liable for any damage to property of Lessee or of others located on the Leased Premises, nor for the loss or damage to any property of Lessee or of others by theft of otherwise. Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow or leaks from any part of the Leased Premises or from the pipes, appliances, or plumbing works or from the roof, street or sub -surface or from any other place or by dampness or by any other cause of whatsoever nature. Lessor shall not be liable for any such damage caused by other Lessees or persons in the Leased Premises, occupants of adjacent property to the Hotel Colorado, or the public, or caused by operation or construction of any private, public or quasi - public work. Lessor shall not be liable for any latent defect in the Leased Premises or in the building of which they form a part. All property of Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of Lessee only and Lessee shall hold Lessor harmless from any claims arising out of damage to the same, including subrogation claims by Lessee's insurance carrier, unless such damage shall be caused by the willful act or neglect of Lessor. SECTION 10.03. Notice By Lessee, Lessee shall give immediate notice to Lessor in case of fire or accidents in the Jnsed Premises, or of defects therein or in any fixtures or equipment. ARTICLE XI Miscellaneous SECTION 11.01. J,essor's Right to Enter Premises, Lessee shall permit Lessor, its agents, and other employees, to have access to and to enter the Leased Premises at all reasonable and necessary times, but only during regular business hours and after reasonable prior notice to Lessee, to inspect the premises for any purpose 12 connected with the repair, improvement, care, and management of the premises, or for any other purpose reasonably connected with Lessor's interest in the premises and to perform any work or other act found necessary on such inspection. Any such ac.cess, entry, or inspection shall not interfere with Lessee's normal business operations. SECTION 11.02. QUiet—Enjnyments Upon payment by the Lessee of the rents herein provided, and upon the observance and performance of all the covenants, terms and conditions to be observed and performed on Lessee's part, Lessee shall peaceably and quietly hold and enjoy the Leased Premises for the term hereof and any extension or renewal thereof, without hindrance or interruption by Lessor or any other person or persons lawfully or equitably claiming by, through or under Lessor, subject nevertheless, to the terms and conditions of this Lease Agreement. SECTION 11.03. Holding Over, Any holding over after the expiration of the term hereof, with the consent of the Lessor, shall be construed to be a tenancy from month to month at the rent as adjusted as provided in Section 2.02 above, and shall otherwise be on the terms and conditions herein provided, so far as applicable. SECTION 11.04. Condemnation, In the event all or any part of the Leased Premises are taken or condemned by any public authority under power of eminent domain, and such condemnation shall render the Leased Premises untenantable for Lessee's purpose, Lessee shall have the option to terminate this Lease by delivering written notice of such termination to Lessor within twenty (20) days after title vests in the condemning authority. In the event a portion of the Leased Premises is taken by condemnation and Lessee does not elect to terminate this Lease, this Lease shall remain in full force and effect and the rent and other obligations of Lessee payable hereunder shall be reduced in proportion to the number of square feet of the Leased Premises taken. Lessee shall have the right in its own name to participate in any and all condemnation proceedings. All damages awarded for any taking by condemnation shall belong to and be the property of the party establishing the same. SECTION 11.05. Fire or Other Damage In the event that all or any part of the Lease Premises is damaged by fire or other cause, and such damage renders the Leased Premises untenantable for Lessee's purposes, Lessee shall have the option to terminate this Lease by delivering written notice of such termination to Lessor within twenty days after such damage. In the event that a portion of the Leased Premises is damaged and Lessee does not elect to terminate this Lease, this Lease shall remain in full force and effect and the rent and other obligations of Lessee payable hereunder shall be reduced in proportion to the number of square feet of the Leased Premises rendered unusable by Lessee by the damage. 13 SECTION 11.06 GovernmentaLRegulations, Lessee shall, at Lessee's sole cost and expense, comply with all of the requirements of all county, municipal, state, federal, and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to the Leased Premises, and shall faithfully observe in the use of the premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. • SECTION 11.07. Accord and Satisfaction, No payment by Lessee or receipt by Lessor of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check of payment as rent be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance of such rent or pursue any other remedy in this Lease provided. SECTION 11.08. partial Invalidity. If any term, covenant, or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than to those to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this Lease shall be valid and enforced to the fullest extent permitted by law. SECTION 11.09. Entire. Agreement, This Lease and any exhibits attached hereto and forming a part hereof, and such reasonable rules and regulations as Lessor shall establish, set forth all the covenants, promises, agreements, conditions and understandings between Lessor and Lessee concerning the Leased Premises, and there are no covenants, promises, agreements, conditions, or understanding, either oral or written, between them other than as herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by the party against whom enforcement is sought. In the interpretation of this Lease, it is understood and agreed by the parties that the laws of the State of Colorado shall apply. SECTION 11.10. Captions and Section Numbers, The captions, section numbers and article numbers, appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease. 14 n SECTION 11.11. Memorandum of Lease,. Lessee shall not record this Lease without the written consent of Lessor; however, upon the request of either party hereto the other party shall join in the execution of a memorandum or so-called "shortform" of this Lease for the purposes of recordation. Said memorandum or short form of this Lease shall describe the parties, the Leased Premises, and may contain the terms of this Lease and may incorporate this Lease by reference. SECTION 11.12. Binding Effect, This Lease shall inure to the benefit of and be binding upon the parties hereto, their heirs, personal representatives, successors and assigns, provided, however, that no right shall inure to the benefit of any assignee of Lessee, except as permitted by Section 8.03. If there shall be more than one Lessee, they shall all be bound jointly and severally, by the terms, covenants and agreements herein contained. If Lessee is a legal entity other than an individual doing business under the name of the sole proprietor, Lessee, as part of the execution of this Lease Agreement, will provide to Lessor a copy of the Lessee's Certificate of Incorporation, Certificate of Limited Partnership, Articles of Organization, or other document or certificate issued by the Colorado Secretary of State indicating the authority of the named entity to conduct business within the State of Colorado, or a copy of the Trade Name Affidavit filed on behalf of Lessee with the Secretary of State. IN WITNESS WHEREOF, the PARTIES hereto have executed this Lease at Glenwood Springs, Colorado, this 7 day oftom. gasw‘.otyt, 1998. LESSOR: GLENWOOD PROPERTIES, INC. BY: SIGNATURE MANAGEMENT COMPANY LESSEE: JMB PROPERTIES, INC. BY: 15 PRESIDENT PERSONAL GUARANTY OF LEASE IN CONSIDERATION OF and as an inducement to GLENWOOD PROPERTIES, INC., here referred to as Lessor, to enter into the foregoing Lease Agreement between Lessor and JMB PROPERTIES, INC., here referred to as Lessee, to which this Personal Guarantee is attached, the undersigned Guarantor irrevocably and unconditionally guarantees the due and punctual payment of all rent, and all other sums due, including interest and penalties, to be paid by Lessee pursuant to the Lease Agreement, and the performance by Lessee of all the terms, conditions, covenants and agreements of the Lease' Agreement. Guarantor agrees to pay all of Lessor's costs, expenses and reasonable attorney fees incurred in enforcing the covenants and agreements of Lessee in the Lease Agreement, or incurred by Lessor in enforcing this Personal Guaranty of Lease. If Lessee defaults in the payment of any installment of rent, Guarantor shall pay the amount of such installment within ten days after receipt of notice of default and demand for payment. Guarantor's liability hereunder shall not be affected by reason of any extension of time for payment of any installment granted by Lessor to Lessee. Guarantor waives notice of presentment, protest, notice of protest and any and all demands for performance or any and all notices of non-performance that might otherwise be a condition precedent to the liability of Guarantor under this Personal Guaranty of Lease. Guarantor covenants and agrees that Lessor may proceed directly against Guarantor, without first proceeding or making claim or exhausting any remedy against Lessee or pursuing any particular remedy or remedies available to Lessor. Guarantor covenants and agrees that, without releasing, diminishing or otherwise affecting the liability of Guarantor or the performance of any obligation contained in this Personal Guaranty of Lease and without affecting the rights of Lessor, Lessor may, at any time and from time to time, and without notice to or further consent of Guarantor: (a) Make any agreement extending or reducing the term of the Lease Agreement or otherwise altering the terms of payment of all or any part of the rent, or granting an indulgence with respect these matters, or modifying or otherwise dealing with the Lease Agreement; (b) Exercise or refrain from exercising or waiving any right Lessor might have. This Personal Guaranty of Lease shall not be revoked during the initial term of the Lease Agreement. Thereafter, if the Lease Agreement is extended or renewed on the same terms, or Lessee holds over after the end of the term, this Personal Guaranty of Lease shall continue in full force and effect. This Personal Guaranty of Lease shall bind the successors and assigns of the Guarantor and inure to the benefit of the successors and assigns of the Lessor, including any assignee of the Lease Agreement, which may be assigned as additional security for a loan. STEVE BECKLEY Mar -10-99 12:OOP Biaces,Inc. 970 fl3 0114 P.02 Mar -10-99 12:OOP Bi �aces,inc. 970,13 0114 P.03 1 imV ,n MAR -08-99 MON 11:26 AM ',AU OF LAND NGT FAX NO. 9 PcbeoyOUST) te ibODO DO P.L. g5-457 and her/oral Register Notice 5.22.95 APPLICATION FOR TRANSPORTATION AND UTILRY SYSTEMS AND FACILmES ON FEDERAL LANDS FORM APPROVED OMS NO. 1004-0060 Elgdires: December 31, 2001 FOR AGENCY USE ONLY NOTE; EelOre completing and tilig the eppicalon, the applicant shoal completely review this package and schedule a preappacation meeting with raptosemetives of the agency responsible for processing lhe application. Each agency may have specalc and unique requirements to be and in preparing and processing me application. Many tines, with Me relp of the agency representative, the apprszstron can be Con -Iced at the proapp(Waaon meeting. Application Number Date Fled 1. Name and address Of applicant ((rix/4e rip Code) To sof. 44A ( s.16o. `friPDP7, Go so►SS 2. Name, CSR and address of au5wrized agent e different from item 1 (include rip code) iztaat � stento ZZo HS.i4 StReet CAR$orlDetyy co `811o2 -'J 3. TELEPNON6 (a/ea cods) Applbant Autiodzed Agent 4. As applicant are you? (cheek One) a. 0 Inelvlual b. �' CorporalicA 0.0 Partnership/Acsaociadon• d. U State Government/State Agency e. 0 Local Government L 0 Federal Agency • it checked, Camptele supplemental pale e. s what application is for. (creek one) a. New 0usodtadon b. Renewing .risdn9 authorization No. c. 0 Amend existing a.dicrizadOn N0. tl. O Assign existing authonation No. e. u Existing use for which no aud10/iiaden has been received • t. 0 Other • If checked. prance aeterla under item 7 e if an individual. or partnership are you 8 dtirenfs) of the United States? $fiyes 0 No 7. PNject d..crPlion (desuibe in dela): (a) Type of system Cr 113:1144 re.g. caner, ,ppel6f , road); (b) rolateo saudures and faciatcs; (c) physical epeceieatione (Lenon, wan. gracing. etc.); (0) term of years needed: (.) erne of Year of use or operation; (f) VOa1me Or amount tit Product t0 be tranepcned: (9) dg radon and timing 01 cohsIru0 cn; aM (h) tomporery work areas needed for construction (Aram add,VOnsl sheets. it adddonal space i. needed.) 5EE L -A.44, v$e APPLzr-a,,QJ CP(zertousi-c SUllw.ITTell)i 8. Attach . mho covering arca and show location of project modest 1 t9c•v)E , fit ram 14 4'qU t-gn o ... 9. Stare or Local government approval: 0 AttC.hed YACPlied fer 0 Not Reouired 10. Nonretumaere aodica6on lee: ruched 0 Not reouireo ,, 11. Coss project cress lnternadonal boundary Or affinternationaly international waterways? 0 Yes Rfvo leyes,'Insaafe On mad) 12. Give statement of your technical and financial capabaiy to construct, operate, maintain, and terminus system for whiCtt authorization is being requested. ALL. 8 1� Is/Awl,t t plzeatmort PQD`)ap r1( B LIN" 15 MPINNET'AW Le UTtvvele: fv1 YL.\ l,.tvteri @f•?raelPt'1L• 6 . (Continued on reverse) This form is authorized for local reproduCaon. 'MAR -08-99 MON 11:26 AM PIM OF LAND MGMT 13a. Describe other reasonable alternative routes and moles considered. f i a O j�c(L AL XE e'i1Ve) EX15r FAX NO. 9 72829 P. 03 P. Why were these alternatives not enacted? 0. Give explanation as to why it Is necessary to cross Federal Lands. OFI�`t ACCESS AVb(.I_0131.E ''o 51:1E. 14. Uat authorirativns and pending 100cad0ne filed to similar pr leets when may provide information It the authorizing agency. (Speci5/ number, date, cone, or name) te 14.0 15. Provide statement 01 need to project, including the economic feasbitity and items such as; (a) cost of proposal (corwbuctiCn, operation, and maintenance); (b) estimated coal of mos best aftemaave; and (d) expected pubic beneda. SEG 4P1>uc,a'nevi 18. Describe probable enacts on Our population in the area. indWing the social and economic aspects, and rhe rutal ifeatylas. SEE , I?rLLC nCUtil.k 17. Calcite lately erwirohmental sliest, that tie proposed project wet nave on: (a) air quality, • (b) viSual In a (C) surface ane ground water quality end quantity, (d)Ne ea=Vol or Structural lunge an any steam or other body 01 water, (e) shitting noise levels; and (r) the surface of the land, inducing vegetation. perrnelros4 stile ono sod stability. l a ,/1 SES ENtz'N U "3l 'geeoR.j W %lel- (til APPuc 19. Describe the probable etteoa that cite proposed project win neve en (a) populations or fiah, mantle, wedEfe, and marine We. including threatened and endangered speclen and (10 marine mammals, Including naming, capturing, conecOng, or ki6n7 Mese animals. pu— woeuc Get-"rai-p (..)PD PC? r 19. State .s.Oiureany i tie material, srdel in this r m:neti ndttreKp�ctwayoranyofirted ts as Kstored a'Haror ardousrrea ar'meansanysubstor any or 14 ance.pouutantor tanaan used in ale o a shaction,zardo s under t rucontaminantregmat a. fTrte as hazardous cif h under S a Comprehensive s and a CERCLAEnvironmeroal Response, Compensation. wane' and defined Act of 1sour ae aonserva, a2 U.S.C. 9601 N seq.. and tea reguudana. The definition of hazaro0us substances andel CERCLA ixstaw any •naamous warm' as defred in the Resource Conservation and Recovery AC ce 1976 (RCRA), as amended, 42 0.9.C. 8901 et seq.. and its nr9uiatdOns. The term ha4f0C s materials also includes any nuclear Or byproduct material as defined by the Ammo EnergywIt ed ordesw as arranded, as a haLaardous substance unnderCERcw Section (rm deaz net 1x4) 4petroleum, U.S.C.C. 0001(14). nwrod�dthor e term pol,0eWadden thereof Mat gas.a not omenvise specif Ha pp 7.).€200v GNEsiIICP-S f1 11auci-vat 20, Alame all tee 0.paruiu sYA9eneyfiaS) where this applicaLon is Fent fired. TBV SU of VND MPNAUE?.tMT • - I HEREBY CERTIFY, That I am Or 0gal age and authorized to d0 ousinaaa in de State and that I have personally examined the information contained in the application and believe Mat the infOrmadcn submitted is oerren fo the bast Of nw kncwledoe. Signature or Apogee Cate 03.01 ,c \ rine 19, u.S.C. Section 1001, makes it a cnme for any screen knowingly end winMy to make to any department or agency of the Untied States any Wee, ticddous, or fraudulent smtemonle er r •resentations as roan metra within its nsacdon. -- --- VIN YR MAKE BODY CWT/PAS ODOMETER TITLE NO. 4CDK56M25N2105555 1992 OSH BS A020 UNKNOWN 24E394988 TAXABLE VALUE PREV.TITLE FUEL 63,750 24E394987 D OATE PURCHASED DATE ACCEPTED 05/12/1999 05/12/1999 OWNER GLENWOOD CAVERNS INC FIRST IIENHOLOER SECOND LIENHOLOER RECO/WE/TIME AMT/MAT DATE/EXT OATE REC/NATE/TIME AMT/MAT DATE/EXT DATE 3R0 LIEN MC/ 4TH LIEN MC/ DATE DUPLICATE ISSUED REMARKS: CHANGING CO NAME/EXEMPT OD OUPE CT: IRAN CODE: NEW BTH/COL RCD PRV.TRN: OPERATOR: ,IMA TEM ID: 2402 BRANCH: 00 TRAM DT: 05/12/1999TME: 12:54:13 LESSEE: LE4.444: 219 ROSEBUD LN GLENWOOD SPGS CO 81601 RED.ADD- 508 PINE ST GLENWOOD SPGS CO 81601 TTLADO.: 508 PINE ST GLENWOOD SPGS CO 81601 APPLICATION FOR DUPLICATE COLORADO CERTIFICATE OF TITLE l affirm under penal[ of perjury in the second degree that the title for this vehicle: has beenlostordestroyed has not been assi ned or transferred is subject only to Ole lienlsl shown will be issued to me as: ❑ owner ❑ agent ❑ lienholder AND, I understand that: the duplicate title will be the only valid certificate pf the title: the ori final and any previously issued htlelsl will bbe void. X Owner or Agent Signature DATE TABNAL CO/ GVW BUS.DATE N342293 24 05/12/1999 TYPE PLATE/ BUS-RAB ETZ7855 MODEL PREY. EXPIRE SERIES NWT EXP.DATE E 05/2000 PORCH. PRICE TAX CLASS SHORT CHECK EMM 0.00 C MSRP FLEET / DEALER / IND UNIT/ HI GVW TITLE FEE 6 .50 PRIOR OT 0.00 OWN. TAX 286.88 UC. FEE 38.50 STATE TAX 0.00 RTD TAX 0.00 OM TAX 0.00 CITY TAX 0.00 OISTRICT 0.00 TITLE OTHER FEE 1.00 L SPEC FEE 0 .00 REG OTHER FEE 0.00 CR OT 0.00 CR LIC. FEE 0.00 TOTAL 332.88 .flsCl/ JT)TMT - APPLICATION FOR COLORADO CERTIFICATE OF TITLE FOR A MOTOR VEHICLE 1 affirm under penalty of perjury in the second degree that thefacts on the face of this document are true and correct to the best of my knowledge; and that the motor vehicle described is subject only to the lienlsl noted, X Owner or Agent Signature DATE *NO FEES* HC DATE R 9999 5470: MILES UNKNOWN ADDONS DIESEL: N EMISSION: N E470: N HIGHWAY: 14 MEDICAL: Y M/C N 0 Q j oe YI N K' z Q n Eo • mF Y o E 2• o" 2 m C Ng og cg Nm r. m w O 6~ 2 i N LL - m 0¢ m m >. mT N Q. H U W m • m F m qc 2W am m C a • m N 24 R 9999 m H N • N Ln 0 0 V O 0 • m: 0ao 0 O x 0 0 0 ✓ O o o'o Eu 0 0 H 0 000 CAVE m 0 m M 0 0 0 W • ❑ H O M m W o 0 0 n O f 0 O N n 4 0 H z Ta ❑ O 0 O COMMIANCE IS A MI X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 w m 0 0 0 0 0 N 0 0 0 0 0 in x w LL LI w LL x a x H x w h Q w h x a x H �- y u O H w, F ; F 0 O • ❑ w m 2 a o H F� Ly 6° 1- a 0 J N¢ U O❑ f N 0 0 0 TOTAL FEES wx i n > w w 2 ❑ a x n 1.2 o ff m 0 12 m 3e N u v N in ti N u O 2 V O W H 'w w 2 °o T N 2 m > N m o E °m m0 m ,4 w N . x z N F W\ w ❑ O e .Ni 'o F U • n 0 ` o w m > ❑ a m N m o am a co m y m N 0 0 O N Z 00 : V' “C! 3 a 0) o w g 2 Nry ry z W a m W I I\ O 'a N a a 004- 01N0 > o O 0 9Z0121 BUS -CTA *INQ/PRINT - EMP* *NO FEES* B TYPE `�✓ PATE ' V • ", TABNPL u VIN EXPIRE BUS-RAB ETZ7855 N342293 4CDK56M25N2105555 05/2000 1TITLE YR MAKE BODY SERIES MODEL CVRNAS TF FLEETS 24E394988 1992 OSH BS A020 C FUR. DATE R. PRICE ORIGINAL TAXABLE VALUE BUS. DATE COO UR/CODE 1PU 05/12/1999 0.00 63,750 05/12/1999 24 R 9999 PRE V, EXP. PRIOR O.T. OWN TAX LIC. FEE TITLE FEE OTHER FEE 0.00 286.88 38.50 6.50 1.00 a ❑ O O 8 O 0 0 m 0 o O i O u O O O UNITS VW, rrig,=.-.aF MILES HI GVW XC OFT£ N FQW 20zw O'wzx 13=00 0 0 0 00 N N M • O o W] n O 0 N N MOTOR VEHICLE INSURANCE IS COMPULSORY W COLORADO. NONCOMPUANCE IS A MISDEMEANOR TRAFFIC OF COLORADO REGISTRATION/OWNERSHIP TAX RECEIPT TYPE PATE TABNAL VIN EXPIRE BUS-RAB ETZ7855 N342293 4CDK56M25N2105555 05/2000 TITLE YR MARE BODY SERIES MODEL CWTNAS TIC FLEETS 245394988 1992 OSH BS A020 C PUR. DATE PUR. PRICE ORIGINAL TAXABLE VALUE BUS. DATE CO S VRFOOE 05/12/1999 0.00 63,750 05/12/1999 24 R 9999 PREV. EXP. PRIOROT. OWN TAX LIC. FEE TITLE FEE OTHER FEE 0.00 286.88 38.50 6.50 1.00 RTO TAX COUNTY TAX CITY TAX STATE TAX SPECIAL FEE FUEL 0.00 0.00 0.00 0.00 0.00 D F D z N Z o 41 6 E • O 3 03 g m Oww a�W 20mw OwzX 35=00 0 0 0 { 0 O N a 00 05/12/1999 125413JMA B04 a w z 0 s ❑ CHS4 D .14 • a 3 l VIN YR MAKE BODY CWT/PAS ODOMETER TITLE NO. 4CDK56M2XN2105549 1992 OSH BS A020 UNKNOWN 24E394985 TAXABLE VALUE PREV.TITLE FUEL 63,750 24E394984 D DATE PURCHASED 05/12/1999 DATE ACCEPTED 05/12/1999 OWNER GLENWOOD CAVERNS INC FIRST LIENHOLDER SECONO LIENHOLDER RECl/DATEITIME AMT/MAT DATE/EXT DATE RECO/DATE/TIME AMT/MAT DATE/EXT DATE 3RD LIEN RECO 4TH LIEN RECO DATE DUPLICATE ISSUED REMARKS: CHANGING COMPANY NAME DUPE CT THAN CODE: NEW BTH/COL RCD PRvaRN: OPERATOR: ,IMA TEM ID: 2402 BRANCH: 00 IRAN DT: 05/12/ 1999TIME: 12:41:47 LESSEE: LEG ADD.: 219 ROSEBUD LN GLENWOOD SPGS CO 81601 REG. ADD.: 508 PINE ST GLENWOOD SPGS CO 81601 TTL. ACID: 508 PINE ST GLENWOOD SPGS CO 81601 APPLICATION FOR DUPLICATE COLORADO CERTIFICATE OF TITLE l affirm under penalt of perjury in the second degree that the title for this vehicle: has been lost Dr destroyed has not been assigned or transferred is subject only to fhe lienlsl shown will be issued to me as: ❑ owner ❑ agent ❑ lienholder AND, I understand that: the duplicate title will be the only valid certificate of the title: theori inal and any previouslyissued titlelsl will be void. X Owner or Agent Signature DATE TABNAL CO/ GVM BUS.DATE N342290 24 05/12/1999 TYPE PLATE/ BUS -]LAB ETZ7854 PREV. EXPIRE MODEL SERIES HVUT EXP DATE E 05/2000 PURCH. PRICE TAX CLASS SHORT CHECK EMM 0.00 C MSRP FLEET UNIT / DEALER I IND HI GVW TITLE FEE 6 .50 PRIOR OT 0.00 R 9999 OWN. TAX 286.88 E.470: LIC. FEE 38.50 STATE TAX 0.00 MILES RTD TAX 0.00 UNKNOWN CNTY TAX 0.00 ADOONS CITY TAX 0 .00 DIESEL: DISTRICT 0 .00 EMISSION: TITLE OTHER FEE 1.00 LXE470. SPEC FEE 0 .00 HIGHWAY: REG OTHER FEE 0.00 MEDICAL: CR OT 0.00 M/C CR LIC. FEE 0.00 TOTAL 332.88 HC DATE *TNl1/PRTNT - PMD* APPLICATION FOR COLORADO CERTIFICATE OF TITLE FOR A MOTOR VEHICLE 1 affirm under penalty of perfjury in the second degree that the facts on the face of this document are true and correct to the best of my knowledge; and that the motor vehicle described is subject only to the lienlsl noted. X Owner or Agent Signature DATE *NO PEES* N N N N Y N TYPE PLATE TABNAL VIN EXPIRE BUS-RAB ETZ7854 N342290 4CDX561421N2105549 05/2000 0 PUR. DATE PUR. PRICE ORIGINAL TAXABLE VALUE BUS. DATE CO 1 UR/CODE 05/12/1999 0.00 63,750 05/12/1999 24 R 9999 0 RTO TAX COUNTY TAX CITY TAX- STATE TAX SPECIAL FEE FUEL 0.00 0.00 0.00 0.00 0.00 D PATOT GVW Ne MILES 141 GVW HC OATE Y o in o10 01 a U Si o Li m F ' ry m Cn a4 o m m : 10 m w p O N I m 0 m 9 • -1 a 0 Ln 0 mv. m µtv. N Z H g Ca 0 Q 2 0 g a F � 0 ID m 0 Co F a NW N m 0 C1. 10 CD m 0 0 0 0 0 4 a ORANGE 5 COMPULSORY M COLORADO, NON.COMPUANCE IS A MISDEMEANOR TRAFFIC OFFE 5 s 5 0 g z' O m m - a N g z wo 6O . a go ry H m F 0 N O a �N H m § U w co aLujN Emm N z ro mo 0 01 m o i a, N 0 0 O H N o C 0 m F N N m0 E m CO m m Lflo m i W Yo 'a N O . IN 0 uN3 01 -l > b N 0 m m a m 0 01 0 0 = • y c o w O mOL N p p w m > m o > 0 DI 3 i o— N a aV '1 Za V V m 0 01N0 `k E0 X a o o 0 0 0 O O O O O O O O O 0 111 0 0 m 0 0 0 0 0 0 0 0 0 0 0 10010000000,-10000 N 0 N 01 N m x LL w Lu a W ww x L.a x H x Li. O 1• , ll r a> H W W p r, O O w m 2 1- O H 0 y F U' O • f 4 O J 0 2 0 0 0 !- 0 C U U TOTAL FEES Lg 920120 BUS -CTA u rnl of enn RFF:ICTRATIFINR)WNFRSHIP TAX RFCFIPT W E02 DIM o. r_ 182w Owzg vl�Om 0 0 0 0 NCO 31 m 0 10 41 m m 'a m O N 4 15 A MISDEMEANOR TRAFFIC OFFE i v S 0 0 0 0 COLORADO REGISTRATION/OWNERSHIP TAX RECEIPT TYPE RATE TABNAL VIN EXPIRE BUS-RAB ETZ7854 N342290 4CDK56M2XN2105549 05/2000 ITITLE TR MAKE 0004 SERIES MODEL CWT/PAS TIC FLEET/ 24E394985 1992 OSH BS A020 PUR. DATE PUR. PRICE ORIGINAL TAXABLE VALUE BUS. GATE COE URJODE 05/12/1999 0.00 63,750 05/12/1999 24 R 9999 PREV. EXP. PRIOR O.T. OWN TAX LIC. PEE TITLE FEE OTHER FEE 0.00 286.88 38.50 6.50 1.00 RTO TAX COUNTY TAX CITY TAX - STATE TAX SPECIAL FEE FUEL 0.00 0.00 0.00 0.00 0.00 D Z til 7 0 C° 0 0 0 11 CO 0 a m 0 VIN VR MAKE BODY CWT/PAS ODOMETER TITLE ND. 4C0K56M23N2105568 1992 OSH BS A020 24000 N 24E397623 TAXABLE VALUE PREY TITLE FUEL 63,750 24E397622 D DATE PURCHASED DATE ACCEPTED 06/22/1999 06/22/1999 OWNER GLENWOOD CAVERNS INC FIRST LIENHOLDER REC//DATE/TIME AMTAIAT DATE/EXT DATE SECOND UENHDLDER RECO/DATE/TIME AMT(MAT DATE/EXT DATE aRD LIEN RECO 4111 LIEN RECO DATE DUPLICATE ISSUED REMARXS: NO MONEY EXCH DUPE CT: TEAK CODE: NEW 8TH/COL RCD PRV.TRN: OPERATOR: ,TMA TEM ID'. 2402 BRANCH: 00 IRAN DT: 06/ 22/ 1999DME: 17: 09148 LESSEE, LEG. ADD.: 219 ROSEBUD GLENWOOD SPGS CO 81601 REG. ADD.: P 0 BOX 4991 ENGLEWOOD CO 80155 TTL.ADM: P 0 BOX 4491 ENGLEWOOD CO 80155 APPLICATION FOR DUPLICATE COLORADO CERTIFICATE OF TITLE I affirm under penaltyof perjury in the second degree that te title for this vehicle: has been lost or destroyed has not been assigned or transferred is subject only to the herds) shown will be issued to me as: ❑ owner • agent ❑ lienholder AND, I understand that: the duplicate title will be the only valid certificate of the title: the original and any previously issued titlelsl will be void. X Owner or Agent Signature DATE TABNAI COO DVW BUS.DATE N398419 24 06/22/1999 TYPE PLATE/ PREV. EXPIRE BUS -RAD ETZ8959 MODEL SERIES HVUT E EXP.DATE 06/2000 PURCH, PRICE TAX CLASS SHORT CHECK EMM 0.00 C MERP FLEET I UNIT / DEALER I IND HI GVW TITLE PEE PRIOR OT OWN. TAX LIC. FEE STATE TAX RTD TAX CNTY TAX CITY TAX OISTNCT TITLE OTHER FEE SPEC FEE REG OTHER IEE CR OT CR LIC. PEE TOTAL 6.50 0.00 286.88 38.50 0.00 0.00 0.00 0.00 0.00 1.00 L 0.00 0.00 0.00 0.00 332.88 OTMfl/PATR1T - FMD• APPLICATION FOR COLORADO CERTIFICATE OF TITLE FOR A MOTOR VEHICLE I affirm under penalty of perjury in the second degree that the acts on the face of this document are true and correct to the best of my knowledge: and that the motor vehicle described is subject only to the lien(s) noted. X Owner or Agent Signature DATE *N0 FEES* HC DATE UM: R 9999 1470: MILES 24000 ADDONS DIESEL: N EMISSION: N 3470. N HIGHWAY: N MEDICAL: Y M/C N rnl IRann PFMSTRATIONIOWNFRSHIP TAX RFCFIPT CO 80155 N m a 0 x O 0 O z a w m FQW 7 0wzQ M000 CO 80155 N m P ❑0 0 2 0 2 NW m m 00 06/22/1999 170448JMA 804 et 0 0 O N m o` 8 O m 4 $ o . P 5 ' m G P e M 6 E 0 m C O P 150 m 0 w m 0 F O aF h m a 0 E. mo 0 ti \ z o F `o N '.m CO E \ > 5 'w o 0 EN O e1 0 E Z E a 0 X X 4 0. w2 cc 0 cc 0 ❑ 2 Q N_ 0 2 O 0 x 4 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 111 O 0 0 0 0 0 0 0 0 0 0 0 0 m m0 o 0o 0.40000 N OM N m X ¢ u la a xri Eljw 0 LL I- w a F o LL o '1-'3 • Lt F Y UQ w 0 a 0 r Y 1¢- m �j 0 ii 0 F LL O J N¢ U U O F m¢ U U 1- iE O ryN N N 01 0 2 m w m m Ul x i W 'aa Q • N ` N W E O q N 8 U N m o \O c m I) 0 w m> m> q a w N N •m 0 0 m cm 0 0 N N W O o• m i Ur m e ` W O 0 O \ a m m o w z Y N - m o 5 N N ECI1 y •014.1z x\• N W N U' R rIOR O TYPE RATE TABNAL VIN EXPIRE BUS-RAB ETZ8959 N348419 4CDK56M23N2105568 06/2000 TITLE TR MAKE BOOT SERIES MODEL CWT/PAS T/C FLEETE 24E397623 1992 OSH BS A020 C RIR.OATE RIR. PMCE ORIGINAL TAXABLE VALUE BUS. DATE CON UR/CODE 06/22/1999 0.00 63,750 06/22/1999 24 R 9999 [—PRBLEXP. PRORO.T. OWN TAX UC. FEE TITLE FEE ()THERM 0.00 286.88 38.50 6.50 1.00 mono( COUNTY TFX CITU TAX STATETAX SPECIAL FEE FUEL 0.00 0.00 0.00 0.00 0.00 D 0 z li t £Ai:= 7 9Z0122 BUS -CTA ¢Gra JWIu 2p¢0 m¢O° CO 80155 0 40 O N Q Z '0 g o a 1 1 1 1 1 0 0 0 W� i 0,O 0 1 i ED . N remNN..mry 99c";17°999 if !} rirvPqNggm Npmge NmPr-clato ing 1 pp@1 `5 jN i (0N .O[0 000tpgo.-os. E` ^ ,err P.-at�mat �H� �O1V 01` &MUM: IV YOYff m/�O mmmUM: N. -.-N iyyr111 I` } R ' f.I! 1 0r rhm N 0 O 0* ogerjq 0°90 ` .{QQ 'z ONNNN•ONIi • N--at(NNNP O faaRREss I 1 11111 1 Illlti 1 b. q [ 1) Ir10NP�ry0N� gdd�y;o494 $: edP;�Nm4;Ngt Cia"y� N"NNNg4q"p 1 -NPNee at -N OCCt�QOo99 ill, ^ 071:;0041:: 01-000N00, WITIVjgg rryy Q }50 ' 4 e i i * OOm m O rrlOOO dOe440000 ` .{QQ 'z '�0..P000 0YN70'•1000 mat meemnw REPA 1 I i II glizi 1 i ���� 1 •paeo enl8143 uo mono ueq;'w;q•sMeut0006•sIq•s;ewpduy o; aesMoiq JnoL ;ulod;snj'Adoa a;e6 of •peseele{ eae gyp eq; Bulwow eq; uo qeM eptm ppoMey; uo elgellene sl pap situ 1 if i' I: 1 s 1 1