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GLENWOOD CAVERNS and HISTORIC FAIRY CAVES 508 PINE STREET GLENWOOD SPRINGS, COLORADO 81601 (970) 945-4228 ext 13 AMENDMENT TO SPECIAL USE PERMIT GARFIELD COUNTY BUILDING and PLANING DEPARTMENT DATE: MARCH 11, 2002 PROPERTY LOCATION: Section 3&4 Township 6 South Range 89 West • • AND HISTORIC FAIRY CAVES May, 23, 2002 Kim Schlagel Garfield County Planner Garfield County 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Noxious Weeds on Glenwood Caverns Property Dear Ms. Schlagel On May 23, 2002, I met with Steve Anthony, vegetation manager for Garfield County. Steve conducted an inventory of noxious weeds on Glenwood Caverns property and found the following isolated cases: 1. Musk Thistle (1 plant) - located by upper plaza area; 2. Musk Thistle (1 plant) — located on edge of pathway to lower cave entrance; 3. Plumeless Thistle (1 plant) - 1 located on edge of pathway to lower cave entrance; Steve's recommendation was that each weed will be hand pulled and the sites will be monitored and managed for future weed growth. Steve is also sending a noxious weed identification book to help us monitor any new growth. If you have any question please do not hesitate to call me at (970) 945-4228 ext.. 13. Steve Beckley President 508 Pine Street • Glenwood Springs, CO 81601 • Phone (970) 945-4CAV / (800) 530-1635 • Fax (970) 94,5-9051 www.glenwoodcaverns.com CDPHE/GJO Fax:9702487198 Apr 30 2002 10 58 P.02 Colorado Water Quality Control Division WATER QUALITY SITE APPUCATION Purpose: Policies & Procedures Policy No: WQSA-6 Initiated By: 1 ` ----Ap roved $y. Effective Date: % - % Revision No.: Revision bate: MULTIPLE INDIVIDUAL SEWAGE DISPOSAL SYSTEMS To clarify the treatment of multiple Individual Sewage Disposal Systems with combined capacities exceeding 2,000 gallons per day serving as a community system or serving a single property or wastewater generator with respect to the site application process. Policy/ Procedures: Multiple Individual Sewage Disposal Systems shall be be treated as a single domestic wastewater treatment works and be subject to site application and plans and specifications reviews and approvals if: 1.a. the systems serve a single habitable structure (i.e., school, church, apartment building); or b. the systems serve a number of habitable structures on a single property (i.e., mobile home park, lodge or resort, shopping center) and the minimum horizontal separations to be maintained from one system's components to springs or wells (based on design capacities of the individual systems) overlap the minimum horizontal separations of another system's components; or c. commonly owned systems serve a number of habitable structures on separate properties (i.e., condomin- iums, townhouses, single family houses, etc.) and minimum horizontal separations of two or more of the systems overlap as. in 1.b. above; or d. the systems are interconnected such that wastewater may flow from one system to another; and 2. the combined design capacities of the systems exceeds 2,000 gpd, irrespective of whether the systems were constructed at the same time or at different times. CDPHE/GJO Fax:9702487198 Mttitip1e Individual Sewage Disposal Systems Page 2 Apr 30 2002 10:59 P.03 Background: The lack of guidance with regard to sueh circumstances has led to inconsistencies between counties as to the need for Division involvement in the review of these systems. Instances have also arisen in which clients have been advised that the Division's processes could be circumvented through the use of multiple systems. In at least one instance, a community water supply well has been impacted by an array of septic tanks/leachfield systems surrounding it. References: Guidelines on Individual Sewage Disposal Systems, Revised 1984; Regulations for Site Applications for Domestic Wastewater Treatment Works; Colorado Water Quality Control Act, 25-8-702. Note: The conditions described in 1.b. and 1.c. shall not aply to those situations which qualify for agricul- tural exemptions to local subdivision processes. IN REPLY REFER TO: COC -62757 (CO -14000) United States Department of the Interior BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 August 9, 2002 JMB Properties, Inc. Glenwood Caverns ATTN. Steve Beckley 508 Pine Street Glenwood Springs, CO 81601 Dear Mr. Beckley: You have inquired about the use of your existing road right-of-way COC -62757 (Transfer Trail) for construction access for your new building and tramway. Your right-of-way authorization is adequate for construction traffic. We are processing your new application for a helicopter staging area that would be located off your existing right-of-way. If you have any questions please contact Vaughn Hackett, Realty Specialist at 970 947-2834. Steve Bennett Acting Field Manager Glenwood Tramway Company August 9, 2002 Mark Bean Planner Department Garfield County Office Building Glenwood Springs, CO 81601 RE: Glenwood Tramway LLC Approval Permit Dear Mark: Thank you for your review of our permit requirements. Enclosed is a copy of the executed Glenwood Springs pre -annexation agreement. Also enclosed is the existing right-of-way permit for Transfer Trail by the BLM. Steve has contacted Vaughn Hackett of the BLM. Vaughn confirmed that the existing permit can be used for construction access for the Caverns Visitor's Center. Following your review of the enclosed documents, please give me a call if you need additional information or if I can pick up the completed permits. Thank you for your attention. Sincerely, GLENWOOD TRAMWAY COMPANY Charles Peterson, P.E. Manager CP/kz 302 8th Street, Suite 325 • P.O. Drawer 160. Glenwood Springs, CO 81602 • (970) 945-2236 • FAX (970) 945-2977 FORM 2800-14 ISSUING OFFICE (August 1985) Glenwood Springs Resource Area UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER COC -62757 1. 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). 2. Nature of Interest: a. 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. 89 W. sec. 36, S1/2SE1/4 T. 6 S., R. 89 W. sec. 3, lot 2 sec. 4, lot 1,2,3, NE1/4SW1/4, IWd1/4SE1/4 b. 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. c. This instrument shall terminate on December 31, 2029, 30 years (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. d. 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. e. 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. 3. 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 exempted 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 so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800. b. Upon grant termination by the authorized officer, all improvements shall 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. c. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer atthe 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. d. 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. e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment 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 •= Hofer) (Title) (Date) 7,74,4t,s (Signature of AuthorizedOfficer) a/Lat (Title) c( sic/ (Effective Date of Grant) • 227,7,4, •• • 111 ' 1." • "EXHIBIT A" Right -of -Way COC -62757 Glenwood Springs Quad. Mgt/ /: 708P 0 SPECIAL STIPULATIONS EXHIBIT B COC -62757 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 officer. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. 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 responsible 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 holder(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, et sea.) 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.) 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 Federal 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 are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq.) or the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et seq.) 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 pesticides, the holder shall obtain from the authorized officer an approved Pesticide Use Proposal. 6. Unless otherwise noted, the holders use of this road right-of-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. 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 necessary 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 participate 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. PRE -ANNEXATION AGREEMENT TO PROVIDE WATER AND/OR SEWER SERVICE THIS AGREEMENT made and entered into this2 ay of July, 2002, by and between the CITY OF GLENWOOD SPRINGS, COLORADO, a Colorado home -rule municipality ("City") and Glenwood Caverns, Inc., a Colorado corporation, and Glenwood Tramway, LLC, a Colorado limited liability company (hereinafter "Petitioners"); WITNESSETH: WHEREAS, POW, Inc., a Colorado corporation, is the owner of certain real property currently located in unincorporated Garfield County, Colorado, described as Section 3: NW/4SW/4 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 of the Property; and WHEREAS, POW, Inc. and 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 the City 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 of water 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 follows: 1. Purpose. The purpose of this 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, all 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, et 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 purposes of the Municipal Annexation Act. Pre -Annexation Agreement Page 1 of 8 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 of an 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.R.S. § 31-12-101, et seq., as amended. 4. De -Annexation from S.ecial Districts IncludinFire 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 of the Property: a. 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 a City wide basis prior to the payment of such fees. b. Credit for 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 determined based on its historic location. After such determination 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 -Annexation Agreement Page 2 of 8 7. Ownership and Maintenance. a. Internal Service Lines and Facilities. Petitioner(s) or their successors shall own and maintain all water and sewer facilities within the boundaries 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 Line and Service Extension. Petitioner(s) or their successors shall own 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 are 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 City shall be entitled to charge reasonable monthly 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 of litigation the City agrees to cooperate with Petitioner(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 may 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 of 8 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 of Petitioner(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 all 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. Assiamnent. 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 assin tprovided such assignee agrees in writing to be bound by the terms and condittions oftthis Agreethe ment: (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 1, 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 of 8 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 shall 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 of the 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 of the parties hereto and their respective heirs, successors, and assigns. 22. Severability. If any 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 contained herein, it is agreed that the venue of such suit or action shall be in Garfield County, Colorado. 24. Attorneys' Fees; Survival. Should this Agreement become the subject of litigation between the City and Petitioner(s) (or any of them), the prevailing party shall 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 behalf he or she purports to sign to the terms and conditions hereof. Pre -Annexation Agreement Page 5 of 8 26. Counterparts. 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, or registered or certified 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 considered 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 to the City: With copy to: Notice to Petitioner(s): With copies to: City of Glenwood Springs 101 West Eighth Street Glenwood Springs, CO 81601 Fax (970) 945-2597 City Manager City Attorney 101 West Eighth Street Glenwood Springs, CO 81601 Fax (970) 945-2597 Glenwood Caverns, Inc. and/or POW, Inc. c/o Steve Beckley 508 Pine Street Glenwood Springs, CO 81601 Glenwood Tramway, LLC Address: c/o Charles Peterson 302 So. 8th St., Suite 325 Glenwood Springs, CO 81602 Susan B. Hillyard, P.C. 540 Main St., Suite 108 PO Box 808 Delta, CO 81416 Pre -Annexation Agreement Page 6 of 8 and: Glenn D. Chadwick Beattie & 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. ATTEST: City Clerk By: By: Bv: By: CITY OF GLENWOOD SPRINGS Don Vanderhoof, Mayor PETITIONERS GLENWOOD CAVERNS, INC. Steve Beckley, President GLENWOOD TRAMWAY, LLC Charles R. Pet- .on, Member Consent by: POW, INC. Steve Beckley, President Pre -Annexation Agreement Page 7 of 8 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me thisi3 rdday ofJuly, 2002, by Steve Beckley, as President of Glenwood Caverns, Inc., a Colorado corporation, on behalf of said corporation, 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. Witness my hand and official seal. Notary Public My Commission Expires: /— '/ — STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me thisILNy ofJuly, 2002, by Don Vanderhoof as Mayor, and by Robin S: --Clemons as City Clerk, of the City of Glenwood Springs, Colorado, on behalf of said City. Witness my hand and official seal. My Commission Expires: akoCAaat Notary Public MY COMMISSION EXPIRES 11,2805 Pre -Annexation Agreement Page 8 of 8 GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Street, Suite 303 Glenwood Springs, CO 81601 (970) 945-8212/(970) 285-79721x. 4003 JUIN 2 202 PROCEDURE REQUIRED FOR COMPLIANCE WITH THE GARFIELD COUNTY SEWAGE DISPOSAL REGULATIONS. Step I: Application A. Obtain a standard "Individual Sewage Disposal System" application from the Building and Planning Department, 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601, 970-945-8212 or 285- 7972. ex. 4003 B. Return completed application, map to property, site plan and diagram of site to the Building and Planning Department (Pages 2 and 3) and building plans. INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMITS WILL NOT BE ISSUED WITHOUT AN APPROVED BUILDING PERMIT. C. Make check or money order payable to "Garfield County Treasurer" (The cost for the permit fee and percolation test is $150.00 or if a Registered Professional Engineer does the percolation test, the cost is $50.00 permit fee). FEES ARE NOT REFUNDABLE. D. Your Individual Sewage Disposal Permit will be issued along with your building permit provided no prohibitive problems are encountered. Step II: Percolation Tests -SEE DETAILED INSTRUCTIONS ON PAGE 6 A Prepare three (3) percolation holes 4 feet deep, 8 to 12 inches in diameter, and 20 feet apart in the area of the proposed leach field area (Instructions for post hole or back hoe holes are on page 4). B. Fill percolation holes with water once for the required eight (8) hour soaking period. C. Request percolation test by Sanitarian. (To avoid construction delay, we suggest arrangements for percolation test be made at least 24 hours prior to the end of the soaking period). Please have at least five (5) gallons of water for each hole available at the site for the percolation test. ! ! ! !IMPORTANT! ! ! ! Please be advised that if the Sanitarian's initial field visit to your property reveals any unusual difficulties such as high water table, excessive percolation rates, bedrock, etc., the services of a Colorado Registered Professional Engineer and/or Board of Health approval will be required. Step III: Final Inspection A. When all components are in place, connected and ready to cover, request a final inspection by the Sanitarian. B. DO NOT backfill any part of the system prior to the inspection. C. The initial fee covers the percolation test and one inspection before cover up. Any additional percolation tests will be charged at $100.00 each and additional inspections will be charged at $42.00 each. D. Upon final approval, carefully cover the entire system. 1 INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION OWNER G Lfi N t,.1oci� 1A N/ ADDRESS 5b v t N{ $ ,QCT GWS CO 5314c0 1 PHONE CONTRACTOR T %31z tJ S (2- -) ADDRESS 5-911 cQ 2-1•4 CO �,v `i`fS y2U`- X13 PHONE p/ 241:1 PERMIT REQUEST FOR (X) NEW INSTALLATION ( ).ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION OF PROPOSED FACILITY: Near what City of Town G.L € fivS i 000 tl� Size of Lot ArCe C- S Legal Description or Address NJW i ��1 Six. 3) to S 4( 1-6s J WASTES TYPE: ( ) DWELLING OO COMMERCIAL ( ) NON-DOMESTIC WASTES ( ) OTHER - DESCRIBE ( ) TRANSIENT USE BUILDING OR SERVICE TYPE: CoJg i 1. Number of Bedrooms Number of Persons ( ) Garbage Grinder ( ) Automatic Washer ( ) Dishwasher SOURCE AND TYPE OF WATER SUPPLY: ( ) WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: C' -t--( o F SC ✓CdS DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: V1'1 Was an effort made to connect to the Community System? A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: 100 feet Septic Tank to Well: 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System to Property Lines: (septic tank &leach field)10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table 1 a00 .f+ Percent Ground Slope IS aio JA14 2 TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: ( X) SEPTIC TANK ( ) AERATION PLANT ( ) VAULT ( ) VAULT PRIVY ( ) COMPOSTING TOILET ( ) RECYCLING, POTABLE USE ( ) PIT PRIVY ( ) INCINERATION TOILET ( ) RECYCLING, OTHER USE ( ) CHEMICAL TOILET ( ) OTHER - DESCRIBE FINAL DISPOSAL BY: (�) ABSORPTION TRENCH, BED OR PIT ( ) EVAPOTRANSPIRATION ( ) UNDERGROUND DISPERSAL ( ) SAND FILTER ( ) ABOVE GROUND DISPERSAL ( ) WASTEWATER POND ( ) OTHER - DESCRIBE WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? No PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer, if the Engineer does the Percolation Test) E Minutes per inch in hole No. 1 Minutes per inch in hole NO. 3 Minutes per inch in hole No. 2 Minutes per inch in hole NO. _ Name, address and telephone of RPE who made soil absorption tests: 5o20Co-11s -i e3 tSok G� 000 e C3> atbo1 et 10 4yS 7`i8a Name, address and telephone of RPE responsible for design of the system: 14-T(S) Coou-r-PY ct_7,.1(.7 i )1 `2�19-y_z Sfit_c.0 ‘B\ col 970 413- EIC1& Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Signed Date b/ ao/c PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!! Pt-T-1-pt-cA4 3 Designate North Arrow 0 tto zci g >4z County Road (Note the Road Number and Name) PERCOLATION TESTS The successful operation of your septic system depends on the rate the soil in which your leach field will be installed will accept water. THIS IS CRITICAL. The rate of absorption is called the percolation rate and it determines the size of the leach field needed for a particular flow of sewage and in some cases even determines the feasibility of the installation of a septic tank and leach field system In some cases, the profile hole may be waived but only by specific approval of the Environmental Health Department. PERCOLATION TEST MUST BE DONE AT THE GROUND DEPTH WHERE ABSORPTION WILL TAKE PLACE. STANDARD SEEPAGE BEDS (LEACH FIELDS) ARE INSTALLED THREE FEET DEEP, SO THE PERCOLATION HOLES ARE DUG FOUR FEET DEEP, AT LEAST 20 FEET APART, IN A TRIANGLE SHAPE. THE PERCOLATION TEST IS DONE IN THE BOTTOM ONE (1) FOOT OF THE HOLE: LST I I LE (31/-/2 ' 4' IA) Ara fAC'K HOF HOL,F, A post hole digger, auger or back hoe can be used to dig the percolation test holes. If a back hoe is used, dig the back hoe hole three (3) feet deep, with a bite for steps, and put a test hole one (1) foot deep and 8 to 12 inches in diameter in the bottom. Installation of absorption areas (i.e. drywells) deeper than three (3) feet require the permission of the Environmental Health Department. Saturation with water will affect the percolation rate, and since the system will be expected to operate when the soil is saturated with water, THE HOLES MUST BE FILLED WITH WATER AT LEAST EIGHT (8) HOURS BEFORE THE TEST AND ALLOWED TO STAND. More water will be needed to perform the percolation test, so AT LEAST FIVE (5) GALLONS OF WATER PER HOLE SHOULD BE ON HAND WHEN THE TEST IS PERFORMED. AN EIGHT (8) FOOT PROFILE HOLE IN THE LEACH FIELD AREA IS REQUIRED IN THE STATE OF COLORADO TO DETERMINE THE PROXIMITY OF GROUND WATER AND BEDROCK. (One soil profile hole shall be drilled or dug to provide observation of the soil profile of the area of the soil absorption system. The hole shall be prepared at least eight (8) feet deep. The hole may be terminated when groundwater or bedrock is encountered. The hole shall be prepared in such a way as to provide identification of the soil profile four (4) feet below the bottom of the soil absorption system). (FOR APPLICANT'S INFORMATION) 4 PERCOLATION TESTS FOR DRY WELLS (SEEPAGE PITS) ARE PERFORMED AT THE LEVEL OF THE BOTTOM OF THE PIT (USUALLY 10 FEET). CRotcNd LeveL If you call for a percolation test or inspection and for some reason are not ready when the time comes, please call us before 5:00 p.m. at 945-821241011111100. to cancel the appointment. THANK YOU FOR YOUR COOPERATION. (FOR APPLICANT'S INFORMATION) 5 RECOMMENDED MINIMUM REQUIREMENTS FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEMS Before construction is started, the Inspector must be contacted for approval and detailed information concerning the proposed disposal system. Higher standards than those which follow may be required in individual cases to assure attainment of the objective. Those objectives are to locate, construct and maintain individual sewage disposal systems in such a manner that existing or contemplated water supplies will not become contaminated and so that sewage will not overflow the ground surface and result in a nuisance or health hazard. 1. LIQUID CAPACITY OF TANK (GALLONS) (Provides for use of garbage grinder, automatic clothes washers and other water using household appliances). Recommended Minimum Number of Bedrooms Tank Capacity 2 or less 750 gallons 3 or less 1,000 gallons 4 1,250 gallons For each additional bedroom, add 250 gallons 2. MINIMUM LEACHING AREA OF DISPOSAL FIELD ABSORPTION AREA REQUIREMENTS FOR INDIVIDUAL RESIDENCES Percolation Rate Required Absorption Percolation Rate Required Absorption (time required for Area, in sq. ft. (time required for Area, in sq. ft. water to fall one per bedroom water to fall one per bedroom inch, in minutes) (b) standard trench inch, in minutes) (b) standard trench (c) seepage beds & (c) seepage beds & (d) seepage pits (d) seepage pits *1 or less 10 228 *2 15 279 *3 30(e).. 395 *4 45(e).. 483 *5 60 (e), (f) 558 *(See Below) *Percolation rates faster than five (5) minutes per inch or slower than sixty (60) minutes per inch require engineered system and/or Board of Health approval. (a) (b) It is desirable to provide sufficient land area for entire new absorption system if needed in future. In every case, sufficient land area should be provided for the number of bedrooms (minimum of 2) that can reasonably be anticipated, including the unfinished space available for conversion as additional bedrooms. 6 Absorption area is figured as trench -bottom area and includes a statistical allowance for vertical side wall area. (c) Absorption area for seepage pits is figured as effective side wall area beneath the inlet. (d) Unsuitable for seepage pits if over thirty. (e, f) Unsuitable for absorption system if over sixty. Dwelling on less than two acres, areas of high water tables, or areas with a percolation test rate faster than 1" in 5 minutes must have alternative sewage facilities, i.e., central collection, holding tanks, individual treatment, etc. EXCEPTION: Absorption areas may be allowed with percolation rates faster than one (1) inch in five (5) minutes provided the soil is a sandy texture and no water table problems are encountered. 1. Maximum length of drainage line: 100 linear feet 2. Minimum width of drainage trench: 18 inches 3. Minimum spacing between trenches or pipes: 6 feet 4. Maximum grade of drainage lines: As level as possible 5. Minimum depth rock under drain PVC: 6" under PVC, 2" over PVC 6. Minimum depth of cover over distribution lines: 12 inches 7. Maximum depth of cover over distribution lines: Variable 8. Minimum grade of house sewer: 1/8 to 1/4" per linear ft. 9. Minimum distance of sewage disposal system from dwelling: 20 feet 10. Minimum distance of septic tank from dwelling: 5 feet 11. Minimum distance of leaching area to a well: 100 feet 12. Minimum distance of septic tank to a well: 50 feet 13.. Minimum distance of leaching area toa stream or water course: 50 feet 14. Minimum distance from septic tank and disposal field to property lines: 10 feet for drywell 10 feet for leach field 15. Minimum sewer pipe and distribution pipe: 4 inch diameter Septic construction should be of concrete, concrete block or of a material that will resist deterioration and which can be made reasonable watertight. Acceptable drain field pipe materials include plastic, terra cotta or concrete. If the house sewerline is longer than 10 feet between house and septic tank, a clean-out Y Should be installed as near as practical to the house. Septic tanks should be inspected once a year and cleaned when necessary. Cleaning is recommended when space between the scum accumulation and sludge residue on the tank bottom is less than eighteen (18) inches. The Department recommends pumping a septic tank once every four (4) years when a yearly inspection by the owner is not practical. 7 .ells) t:Il de Ler- `Ilied from '&I -C test 'e,lll is TYPE OF SYSTEM TO BE CONSTRUCTED f(1: 1/2"to 2;]/2"3Clean Gravel Required Uriless.Othery►nse Approved) > 101' n" perfol'aLed Dille I" solid 1111)e f rol1l Lank 1 10 C) CZ) p q o c0 c� ca p o tl u co al t7 O ffd c c�� p C� o 0' O a, c) O((?� c> f� o Q c:. 0 0 0 0 c� O d} 12, o rJ o c2 0. 0otat, t.0 Oo 0c as o 37-1 6' '1 31 gilc:l:fill 2'� 1' 1 SIDE vista I-1 Seepage Bed 4.5' MIN. 8ackf 11 1 ,T 911 had --- or straw ?._ nivel ove►� '11" plpe t0 gravel • 6" Gravel under pipe CCNE SECTION OR FLAT SLAB TCP 1 STANDARD RIrc,R SZCTICN(S) 1 k TOP 0 0 0 00000 o 040_0 410-0 0 O0D o°o0?00 Doa0 GS0A oUno Q0Oo0'0o0°o0 o 0O00,s0,� 000 a0Dpuao 141. 0O00O0a0n�Opo00nDO 0. p0o n ! n? 4 co C O c. oocla Gravel A" solid pipe ex tending into drywell 1' 4" hay or straw over roc �• k i 'Size determined from perc test results 1. PRECAST MANNCLZ SECTIONS 7'0 YE=T AST/.4 C -A 5 2. • 3ACCF'LL EXCAVA T.CN AROUND STRUCTURE U'CTURE 'MTN CCMPAC'E✓ 1-1/24 CRUSHED STONE. TO 'CP CF PERFCRA I W SECTICNS. PRECAST CONCRETE DRY WELL N. T. S. 1 1 SLCPE eAcxF,LL AWAY PERFORATED RISER SEC11CN(S) 5.5' MIN. ;1!...)!. 1' 1'1 �� Clean cx4istoN' I graded rock �1 to 21 inche •,., ,�, .; : !extend 12" bel tank to at lea 2" above irilet pipe a' MIN. 8 MIN. Gertech May 21, 2002 Glenwood Caverns Attn: Steve Beckley 508 Pine Street Glenwood Springs, Colorado 81601 Hepworth-Pawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 hpgeo@hpgeotech.com Job No. 101 765 Subject: Percolation Testing, Proposed Septic Disposal Systems, Glenwood Caverns, Glenwood Springs, Colorado. Dear Mr. Beckley: As requested, Hepworth - Pawlak Geotechnical, Inc., performed percolation testing for Systems B and C at the subject site. We previously conducted percolation testing for System A and presented our fmdings in a letter dated November 26, 2001, Job No. 101 765. Two profile pits and four shallow backhoe pits were excavated by the client in the area of System C and one profile pit and three shallow backhoe pits in the area of System B. The test holes had been dug at the bottom of the backhoe pits and soaked with water by the client prior to our testing. The subsoils exposed in the percolation holes are similar to those exposed in the Profile Pits but varied between system areas. In general, the subsoils consist of about 1 to 11/2 feet of topsoil overlying sandy clayey gravel with cobbles. About 2 feet of sandy silty clay with scattered gravel was encountered between the topsoil and gravels in Profile Pit 3 (System C). Limestone was encountered in Profile Pit 4 (System B) at a depth of 21 feet to the excavated depth of 5 feet. Weathered siltstone/sandstone bedrock was encountered beneath the gravels in Profile Pits 2 and 3 at depths of 5 feet to the pit depths of 7 to 71/2 feet. No free water was observed in the pit and the soils and bedrock materials were slightly moist to moist. Percolation testing was conducted on May 16, 2002, by a representative of Hepworth - Pawlak Geotechnical, Inc. The percolation test results are summarized on Table I. The percolation test results indicate an infiltration rate between 23 and 69 minutes per inch with an average of 39 minutes per inch for System C and between 25 and 60 minutes per inch with an average of 39 minutes per inch for System B. Based on the shallow bedrock conditions, we recommend the system be designed by a professional civil engineer. Glenwood Caverns May 21, 2002 Page 2 If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH - PAWLAK GEOTEC ► AL, INC. % p.N A04; .,4F Jordy Z. Adamson, J ., :� o 29707 �i Rev. By: DEH 111 �••••••• ,, . 5/zxol ,i F• JZA/djb k iciNAL E attachments cc: High Country Engineering - Attn: Deric Walter APPROXIMATE SCALE 1"=120' 6025 6950 // / / / / / 6925/ / 695 P' OFILE PIT 4 P 1 P 11 6975 700 7050 7075 /PROFILE PIT 3 8 00 PROFILE PIT 2 ( SYSTEM C SYSTEM B ZONE OF INFLUENCE (TYPICAL) 6950 712 1 / 7150 7150 7125 7100 EXISTING BUILDING -- 7075 �- - 7050 ----- 7025 7000 6975 6950 101 765 HEPWORTH-PAWLAK GEOTECHNICAL, INC. LOCATION OF EXPLORATORY PITS AND PERCOLATION HOLES Fig. 1 HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE I PERCOLATION TEST RESULTS Page 1 of 2 JOB NO. 101 765 HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P-6 60 60 30 30 30 9 1/4 6 1/4 3 30 6 1/4 5 1 1/4 5 3 7/8 1 1/8 3 7/8 3 7/8 P-7 54 60 30 30 30 9 5/8 7 1/4 2 3/8 34 7 1/4 6 1/2 3/4 6 1/2 5 1/2 1 5 1/2 4 3/4 3/4 P-8 54 60 30 30 30 9 3/4 5 5/8 4 1/8 23 5 5/8 4 1/4 1 3/8 4 1/4 2 7/8 1 3/8 2 7/8 1 5/8 1 1/4 P-9 60 60 30 30 30 8 7/8 7 1/4 1 3/8 69 7 1/4 7 1/4 7 6 3/8 5/8 6 3/8 6 1/8 1/4 Note: Percolation test holes were dug in the bottom of backhoe pits and soaked by the client. Percolation tests were conducted on May 16, 2002. The average percolation rates were based on the last two readings of each test. HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE I PERCOLATION TEST RESULTS Page 2 of 2 JOB NO. 101 765 HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P-10 48 60 30 30 30 7 3/8 4 3 3/8 25 4 2 1/2 1 1/2 2 1/2 1 1 1/2 1 1/8 7/8 P-11 54 60 30 30 30 8 1/4 6 1/8 2 1/8 32 61/8 5 1 1/8 5 4 1 4 3 1/8 7/8 P-12 48 60 30 water added, 30 30 3 1/8 2 5/8 1/2 60 2 5/8 2 1/4 3/8 3 3/4 3 3/8 3/8 3 3/8 2 3/4 5/8 Note: Percolation test holes were dug in limestone at the bottom of backhoe pits and soaked by the client. Percolation tests were conducted on May 16, 2002. The average percolation rates were based on the last two readings of each test. November 26, 2001 Glenwood Caverns Attn: Steve Beckley 508 Pine Street Glenwood Springs, Colorado 81601 Hepworth-Pawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 hpgeo@hpgeotech.com Job No. 101 765 Subject: Percolation Testing, Proposed Septic Disposal System, Glenwood Caverns, Glenwood Springs, Colorado. Dear Mr. Beckley: As requested, Hepworth - Pawlak Geotechnical, Inc., performed percolation testing at the subject site. The work was done in accordance with our agreement for Professional Services to Glenwood Caverns, dated November 14, 2001. A profile pit and five shallow backhoe pits had been excavated by the client at the locations shown on Fig. 1. The test holes had been dug at the bottom of the backhoe pits and soaked with water by the client prior to our testing. The subsoils exposed in the percolation holes are similar to those exposed in the Profile Pit and consist of about 1 foot of topsoil overlying sandy clayey gravel with cobbles to the pit depth of 9 feet. No free water was observed in the pit and the soils were slightly moist to moist. Percolation testing was conducted on November 20, 2001, by a representative of Hepworth - Pawlak Geotechnical, Inc. The percolation test results are summarized on Table I. The percolation test results indicate an infiltration rate of 30 minutes per inch. Based on the subsurface conditions encountered and the percolation test results, the tested area should be suitable for a conventional infiltration septic disposal system. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH - PAWLAK GEO --=�:. r'i`"�� �. INC. OQ`Av'"Ao'''�^a< A4iY,,F� Jordy Z. Adamson, Rev. By: DEH JZA/ksw attachments cc: High Country Engineering - Attn: Deric Walter 7050 / P 4 7075 / P 5 / / PROFILE / PIT R / / / / 7050 / 1 \1 7075 P 1 A P 2 EXISTING OFFICE BUILDING 7100 EXISTING SHAFT EXISTING GRAVEL DRIVEWAY APPROXIMATE SCALE 1" = 40' 101 765 HEPWORTH-PAWLAK GEOTECHNICAL, INC. LOCATION OF PERCOLATION TEST HOLES Fig. 1 HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 1 PERCOLATION TEST RESULTS JOB NO. 101 765 Page 2 of 2 HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P-4 45 15 71/2 7 1/2 30 7 6 1/2 1/2 6 1/2 6 1/2 6 • 5 1/2 1/2 5 1/2 5 1/2 5 4 1/2 1/2 4 1/2 4 1/2 4 31/2 1/2 P-5 58 . 15 8 7 1/2 1/2 7 1/2 7 1/2 7 6 1 6 5 1/2 1/2 5 1/2 5 1/2 5 4 1/2 1/2 4 1/2 4 1/2 4 31/2 1/2 30 Note: Percolation test holes were dug in the bottom of backhoe pits and soaked by the client. Percolation tests were conducted on November 20, 2001. The average percolation rates were based on the last three readings of each test. BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GLENWOOD SPRINGS, CO 81 601 STEVEN M. BEATTIE GLENN D. CHADWICK KAREN J. SLOAT CYNTHIA C. TESTER MITCHELL S. RANDALL May 31, 2002 Walter E. Brown III 1120 Grand Avenue Glenwood Springs, Colorado 81601 Re: Moss / POW, Inc. Dear Walt: c13i lo,,, TELEPHONE (970) 945-8659 FAX (970) 945-8671 E-MAIL: glenn@beattiechadwick.com Enclosed for your records are complete copies of the following six documents with recording information. 1. Easement Deed and Agreement, POW to Moss 2. Easement Deed and Agreement, Moss to POW 3. Quit Claim Deed and Agreement, POW to Moss 4. Quit Claim Deed, Moss to POW 5. Affidavit Re: Boundary Line Adjustment, POW 6. Affidavit Re: Boundary Line Adjustment, Moss Please let me know if you have any questions. Thank you again for your assistance in bringing this matter to closure. pc: Steve Beckley Chuck Peterson Don DeFord Susan Hillyard Yours very truly, Glenn D. Chadwick 1111111 11111 111111 11111 11111 1111 1111111 111 11111 1111 1111 603652 05/17/2002 01:22P B1355 P826 M ALSDORF 1 of 6 R 30.00 D 0.00 GARFIELD COUNTY CO EASEMENT DEED AND AGREEMENT This EASEMENT DEED AND AGREEMENT is made this it qday of /V GC , 2002 between POW, INC., a Colorado corporation ("POW" or "Grantor") and LYLE'R. MOSS and CATI-IY J. MOSS of the County of Harris, Slate of Texas ("Mosses" or "Grantees"). WHEREAS, the Mosses and POW's predecessor in interest Glenwood Caverns, Inc. ("GCI") entered into an Agreement for Partition of Property and Grant of Easement dated February 19, 2002 (the "Partition Agreement"); and WHEREAS, POW has assumed all obligations of GCI under the Partition Agreement; and WHEREAS, Mosses property has been historically landlocked, and it is the intent of the parties in the Partition Agreement and in this Easement Deed and Agreement is to grant Mosses and their successors a full right of private access to their property and to their cave and mineral interest, in perpetuity, from Transfer Trail (a public road), over and across lands currently owned by POW and lands which may be owned by POW in the future, so that Mosses property will no longer be landlocked. NOW THEREFORE, in order to carry out the terms of the Partition Agreement, the parties agree as follows: 1. POW, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell and QUITCLAIM to Mosses, their guests, invitees, heirs, successors and assigns, a perpetual, non-exclusive 30 -foot wide easement along the route depicted in Exhibit A attached hereto and made part hereof. The easement is from Transfer Trail, a public road, over and across the following described parcels of real property owned by POW, located in the County of Garfield, State of Colorado, described as follows: Township 6 South, Range 89 West of the Sixth Principal Meridian Section 3: NW 1/4 SW 1/4 Section 4: Lot 10 and Beginning at a point that lies on the western boundary of the SE 1/4, SE 1/4 of Section 4 of T. 6 S., R. 89 W. of the 6th P.M., whence the North 1/4 Corner of Section 9, T. 6 S. R 89 W. of the 6111 P.M. bears S. 52°32' 49" W., a distance of 1,629.31 feet. Thence N. 25° 00' E. 702.09 feet, thence S. 65° 00' E., 300.00 feet, thence S. 25° 00' W., 149.66 feet, thence S. 53° 30' 16" W. 628.63 feet to the point of beginning, containing 2.93 acres, more or less. 5) When recorded, return to: BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GLENWOOD SPRINGS, CO 81601 11111 111111 11111 11111 1111 1111111III 1111111111111 603652 05/17/2002 01:22P 81355 P827 M ALSDORF 2 of 6 R 30.00 D 0.00 GARFIELD COUNTY CO 2. The purpose of said easement is for vehicular and pedestrian ingress and egress and for underground utilities to and from the Mosses' real property, which is described below, and for access to the cave and mineral rights under the Washington Lode as described in and subject to the conditions in the Partition Agreement and in a separate Quit Claim Deed and Agreement of even date herewith: Lot 6, Section 4, Township 6 South, Range 89 West of the Sixth Principal Meridian and Beginning at a point that lies on the western boundary of the SE 1/4, SE 1/4 of Section 4 of T. 6 S., R. 89 W. of the 6t" P.M., whence the North 1/4 Corner of Section 9, T. 6 S. R 89 W. of the 6`" P.M. bears S. 52°32' 49" W., a distance of 1,629.31 feet. Thence N. 53° 30' 16" E., 628.63 feet, thence S. 25° 00' W, 1,212.64 feet, thence N. 65° 00' W., 300 feet, thence N. 25° 00' E., 660.21 feet to the point of beginning, containing 6.24 acres, more or less. 3. The easement shall be 30 feet in width and shall provide for a 16 -foot driving surface and 7 -foot shoulders on each side for the location of utilities. The driving surface of such easements may be paved or surfaced by POW at its sole discretion, or by Mosses in a manner approved in advance by POW and such approval shall not be unreasonably withheld. 4. All utilities in the easement shall be underground. The alignment of the underground utilities may be changed if necessary due to physical properties of the land such as near -surface underlying bedrock, consistent with generally accepted engineering practices, subject to approval of POW, which approval shall not be unreasonably withheld. 5. The easement granted herein is intended to and shall supersede and replace any and all prior easements, whether recorded or existing by prescription or historic use, including that certain Easement Deed over and across the northerly half of the property first described above, recorded on March 11, 2002 as Reception No. 598705 in Book 1335 at Page 866 in the office of the Garfield County Clerk and Recorder. 6. The parties recognize that there inay be times when due to rockfall or other emergency circumstances the road on the easement shown in Exhibit A may become impassable or unuscable, and the only alternative may be use of the upper road or other agreed routes across the POW property. For said temporary emergency purposes only, POW grants to Mosses, their guests, invitees, heirs, successors and assigns, a perpetual easement for access by private right of necessity over and across other adjacent roads, to the Mosses' property, as described in the Partition Agreement. Easement Deed and Agreement Grantor: POW, Inc. Grantees: Lyle R. Moss and Cathy J. Moss Page 2 of 5 11111111111111111111111111111111111111111111111 11111111 603652 05/17/2002 01:22P 81355 P828 M ALSDORF 3 of 6 R 30.00 D 0.00 GARFIELD COUNTY CO 7. POW shall maintain the easements at POW's expense, in such condition as needed by POW for access by four-wheel drive vehicle except when snow, mud, or weather conditions make any use of the road impractical. Mosses may, in their discretion and at their expense, grade, gravel, pave, or otherwise improve the easement, subject to the approval by POW, which approval shall not be unreasonably withheld. 8. Mosses covenant and agree (a) to keep the easement area in a good and orderly condition; (b) to use the easement only in compliance with applicable fire, safety, health, environmental, zoning, and any other laws or regulations governing the use of the easement; (c) to neither commit nor allow any waste, damage, or injury to the easement or the adjacent POW Property; (d) to neither commit nor allow any disorderly conduct, dangerous, noxious or offensive activity, excessive noise or other nuisance on or about the Property; and (e) not to transport toxic materials on the easement. 9. Mosses agree to indemnify and hold POW harmless from and against any and all claims, liabilities, or demands relating to any injury, damage, or loss Mosses or their employees, contractors, agents, guests or invitees may suffer from use of the easement or the cave and mineral resources, unless such injury, damage or loss is the result of an intentional act or gross negligence on the part of POW. POW agrees to indemnify and hold Mosses harmless from and against any and all claims, liabilities, or demands relating to any injury, damage, or loss POW or its guests or invitees may suffer from use of the easement, unless such injury, damage or loss is the result of an intentional act or gross negligence on the part of Mosses. 10. POW will use good faith efforts to obtain for Mosses, or cause Chimes Investment Club Limited Partnership to' grant to Mosses, an easement across the northeast corner of Claudons' property (also known as Lot 12). If such efforts are not successful, POW will grant alternate access to Mosses as set forth in the Partition Agreement. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs, successors and assigns forever. IN WITNESS WHEREOF, the parties have executed this Easement Deed and Agreement on the dates set forth below. Easement Deed and Agreement Grantor: POW, Inc. Grantees: Lyle R. Moss and Cathy J. Moss Page 3 of 5 1111111111111111111111111111111111111111111111111111111 603652 05/17/2002 01:22P 61355 P829 M ALSDORF 4 of 6 R 30.00 D 0.00 GARFIELD COUNTY CO GRANTOR: POW, INC. JGRAI19TEES: Steven Beckley, Presider ATTEST: -k JeanneiNN. Beckl• ecretary STATE OF COLORADO COUNTY OF GARFIELD ) ss. Lyle Moss The f� this71-ti d foregoing instrument was acknowledged ged bf e ore me ay of /17 2002 by Steven Beckley, as President, and Jeanne N. Beckley as Secretary of POVI-n c., a Colorado corporation. Witness my hand and official seal. My commission expires: 7— z Y- Zooci +1t -c a cP 1J Not y Public Easement Deed and Agreement Grantor: POW, Inc. Grantees: Lyle R. Moss and Cathy J. Moss Page 4 of 5 1.111111111111111111111111111111111111111111111111111111 603652 05/17/2002 01:22P 81355 P830 M ALSDORF 5 of 6 R 30.00 D 0.00 GARFIELD COUNTY CO STATE OF Tr° X a5 COUNTY OF fAU S ss. LONG PHAN Notary Public. State of Tema My Commission Expire) SEPTEMBER 11, 2005 The foregoing instrument was acknowledged before me this 2002 by Lyle R. Moss and Cathy J. Moss. Witness my hand and official seal. 2 -co S My commission expires: (O day of 1 +\e.tA /6)111 Notary Public Easement Deed and Agreement Grantor: POW, Inc. Grantees: Lyle R. Moss and Cathy J. Moss Page 5 of 5 HIlIlIlIlIl 111111 VIII VIII IIII1111111III IIIII1111IIII 603652 03/17/2002 01:22P B1355 P831 M ALSDORF 6 of 6 R 30.00 D 0.00 GARFIELD COUNTY CO BLM SECTION 4 BLM JOSEPH AND CELINA CLAUDON 4 Nee„ e DATE LOT 5 N1/2 LOT 10 1oW, IN L. S112 LOT 10 00 0, \\1°\ 1.ENW000 CAVERNS WAs1!REG 1ori 100 1400111 PAR 11I si :,§1 jl CAVERNS MOSS Aces\ `6,�g_ __ \--- ACCESS UYm(Z CLAUoo \`` = _ PRpPECZ-TI �1y -Mo S-= ACCESS Lr1.F A osS WA:111110 014 1 nor. S041111 1' 1111014 1-21-02 SCALE ENGINEER 1".300' CRP CHECKED 50 846-01 EXHIBIT A CAv&J2tY (Pow, INC.) moss eA5& ME To Pow LYLE MOSS ..77 AME( LOT 6 nWASIHIOG`JO U ON LODE G3 11 U OOM E JWZ° Y L nIGONL C ROGJ©, LTD. 302 8711 ST., SUITE 325 P.O. BOX 180 01,10000D SPRINGS, COLORADO 01802 (070) 045-2208 FAX 945-2077 J I:\IDT\Ilwo\total deveiopll>enLllwq, 01/21/2002 02:06:13 I'M 11111:1111111111111111111111111111111111111111111111111 603633 05/17/2002 01:25P 81355 P832 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EASEMENT DEED AND AGREEMENT This EASEMENT DEED AND AGREEMENT is made this / U "day of , 2002 between LYLE R. MOSS and CATHY J. MOSS of the County of 1-larris, Sktle of Texas ("Mosses" or "Grantors") and POW, INC., a Colorado corporation ("POW" or "Grantee"). WHEREAS, the Mosses and POW's predecessor in interest Glenwood Caverns, Inc. ("GCl") entered into an Agreement for Partition of .Property and Grant of Easement dated February 19, 2002 (the "Partition Agreement"); and WHEREAS, POW has assumed all obligations of GCI under the Partition Agreement; NOW THEREFORE, in order to cany out the terms of the Partition Agreement, the parties agree as follows: 1. Mosses, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby remise, release, sell and QUITCLAIM to POW, its successors and assigns, a perpetual, non-exclusive 30 -foot wide easement along the route depicted in Exhibit A attached hereto and made part hereof. The easement is over and across the following described parcel of real property owned by Mosses, located in the County of Garfield, State of Colorado, described as follows: Lot 6, Section 4, Township 6 South, Range 89 West of the Sixth Principal Meridian and Beginning at a point that lies on the western boundary of the SE 1/4, SE 1/4 of Section 4 of T. 6 S., R. 89 W. of the 6th P.M., whence the North 1/4 Corner of Section 9, T. 6 S. R 89 W. of the 6th P.M. bears S. 52°32' 49" W., a distance of 1,629.31 feet. Thence N. 53° 30' 16" E., 628.63 feet, thence S. 25° 00' W, 1,212.64 feet, thence N. 65° 00' W., 300 feet, thence N. 25° 00' E., 660.21 feet to the point of beginning, containing 6.24 acres, more or less. 2. The purpose of said easement is for vehicular and pedestrian ingress and egress and for underground utilities to and from POW's real property, which is described as follows: Township 6 South, Range 89 West of the Sixth Principal Meridian Section 3: NW 1/4 SW 1/4 Section 4: Lot 10 and When recorded, return to: BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GLENWOOD SPRINGS, CO 81601 1111111111111111111111111111111111111111111111111111111 603653 05/17/2002 01:25P B1355 P833 M ALSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO Beginning at a point that lies on the western boundary of the SE 1/4, SE 1/4 of Section 4 of T. 6 S., R. 89 W. of the 6'1' P.M., whence the North 1/4 Corner of Section 9, T. 6 S. R 89 W. of the 611' P.M. bears S. 52"32' 49" W., a distance of 1,629.31 feet. Thence N. 25" 00' E. 702.09 feet, thence S. 65" 00' E., 300.00 feet, thence S. 25° 00' W., 149.66 feet, thence S. 53" 30' 16" W. 628.63 feet to the point of beginning, containing 2.93 acres, more or less. 3. The easement shall be 30 feet in width and shall provide for a 16 -foot driving surface and 7 -foot shoulders on each side for the location of utilities. The driving surface of such easements may be paved or surfaced by Mosses in their sole discretion, or by POW in a maturer approved in advance by Mosses and such approval shall not be unreasonably withheld. 4. All utilities in the easement shall be underground. The alignment of the underground utilities may be changed if necessary due to physical properties of the land such as near -surface underlying bedrock, consistent with generally accepted engineering practices, subject to approval of Mosses, which approval shall not be unreasonably withheld. 5. The casement granted herein is intended to and shall supersede and replace any and all prior easements, whether recorded or existing by prescription or historic use. 6. POW shall maintain the casement at POW's expense, in such condition as needed by POW for access by four-wheel drive vehicle except when snow, mud, or weather conditions make any use of the road impractical. POW may, in its discretion and at its expense, grade, gravel, pave, or otherwise improve the easement, subject to the approval by Mosses, which approval shall not be unreasonably withheld. 7. POW covenants and agrees (a) to keep the easement area in a good and orderly condition; (b) to use the easement only in compliance with applicable fire, safety, health, environmental, zoning, and any other laws or regulations governing the use of the easement; (c) to neither commit nor allow any waste, damage, or injury to the easement or the adjacent POW Property; (d) to neither commit nor allow any disorderly conduct, dangerous, noxious or offensive activity, excessive noise or other nuisance on or about the Property; and (e) not to transport toxic materials on the easement. 8. Mosses agree to indemnify and hold POW harmless from and against any and all claims, liabilities, or demands relating to any injury, damage, or loss Mosses or their employees, contractors, agents, guests or invitees may suffer from use of the easement or the cave and mineral resources, unless such injury, damage or loss is the result of an intentional act or gross negligence onthe part of POW. POW agrees to indemnify and hold Mosses harmless from and against any and all claims, liabilities, or demands relating to any injury, damage, or loss POW or its guests or invitees may suffer from use of the easement, unless such injury, damage or loss is the result of an intentional act or gross negligence on the part of Mosses. Easement Deed and Agreement Grantors: Lyle R. Moss and Cathy J. Moss Grantee: POW, Inc. Page 2 of 4 1111111111111111111111111111111111111111111111111111111 603653 05/17/2002 01:25P B1355 P834 M ALSDORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs, successors and assigns forever. forth IN WITNESS WHEREOF, the parties have executed this Easement Deed on the dates set ove. ...):y1 -6-R. Moss NTEE: -POW, STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Steven Beckley, President ATTESy. Jea e N. Beckley, Secreta The foregoing instrument was acknowledged before me this 744 day of /14 2002 by Steven Beckley, as President, and Jeanne N. Beckley as Secretary, of PO Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: / - 2 1-f- 7io d L/ N ry Public Easement Deed and Agreement Grantors: Lyle R. Moss and Cathy J. Moss Grantee: POW, Inc. Page 3 of 4 111111111111111111 11111 mil mi viiia 111 niinm ini 603653 05/17/2002 01:25P B1355 P835 M ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO STATE OF -1-e_ Kas ss. COUNTY OF t (r/ S The foregoing instrument was acknowledged before me this 2002 by Lyle R. Moss and Cathy J. Moss. Witness my hand and official seal. My commission expires:�.eiek n&e,( Zoos Easement Deed and Agreement Grantors: Lyle R. Moss and Cathy J. Moss Grantee: POJV, Inc. Page 4 of 4 LONG P1 -I101 Notery Public. Stslo of lams h\y Commission Expirel SEPTEMBER ti, 2005 day of Notary Public 111111111111111111111111111111111111111111111111111111 h603653 05/17/2002 01:25P B1355 P836 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO BLM SECTION 4 BLM JOSEPH AND CELINA CLAUDON DATE LOT 5 Moe -6 We -Cs N112 LOT 10 fovU, IN L• GL/aUOo 0 \� • S112LOT 10 0 LEIIWOOD CAVERNS -ET WASHINGTON LOD 005111 rARllr tih CAv&RNs ( Pow, we.) ACCESS _ O O _ N LYT-E Ross WASI IING ON 100E sOHnl r 5111100— �a CAVERNS ACCESS (vto55 e Ase NME To Pow LYLE MOSS 14.27 A01ES LOT 6 1-21-02 SCALE ENGINEER 1"=300' CRP CHECKED 58 \OB 846-01 EXHIBIT A nw A su-BoG'J aTTOl1 ©DE ir i u u oom ENGONEMONG, LTD. 302 BTII 5T., SUITE 325 P.O. 005 160 GIEN1100D SPRINGS, COLORADO 81602 (070) 945-2278 FAX 045-2977 1:\I_DT\dwa\total develonment.dwa, 01/71/2002 02:06:18 PM 1 111111 11111 111111 11111 11111 1111 1111111 111 11111 1111 603654 05/17/2002 01:27P B1355 P837 M ALSDORF 1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO QUIT CLAIM DEED and AGREEMENT 411 THIS QUIT CLAIM DEED and AGREEMENT is made this / 17 —day of tZ 2002 between POW, INC., a Colorado corporation ("Grantor") and LYLE R. MOSS an• CATHY J. MOSS of the County of Harris, State of Texas, ("Grantees"). W1TNESSETH, that the Grantor, for and in consideration of the sum of ten dollars ($10.00) and other good of valuable consideration, the receipt of sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantees, their heirs, successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: Beginning at a point that lies on the western boundary of the SE 1/4, SE 1/4 of Section 4 of T. 6 S., R. 89 W. of the 6th P.M., whence the North 1/4 Corner of Section 9, T. 6 S. R 89 W. of the 6`11 P.M. bears S. 52°32' 49" W., a distance of 1,629.31 feet. Thence N. 53° 30' 16" E., 628.63 feet, thence S. 25" 00' W, 1,212.64 feet, thence N. 65° 00' W., 300 feet, thence N. 25" 00' E., 660.21 feet to the point of beginning, containing 6.24 acres, more or less. TOGETI-IER WITI-I a perpetual right to all cave and mineral rights under certain real property owned by Grantor, described as follows: Beginning at a point that lies on the western boundary of the SE 1/4, SE 1/4 of Section 4 of T. 6 S., R. 89 W. of the 6111 P.M., whence the North 1/4 Corner of Section 9, T. 6 S. R 89 W. of the 6t11 P.M. bears S. 52°32' 49" W., a distance of 1,629.31 feet. Thence N. 25° 00' E. 702.09 feet, thence S. 65° 00' E., 300.00 feet, thence S. 25° 00' W., 149.66 feet, thence S. 53° 30' 16" W. 628.63 feet to the point of beginning, containing 2.93 acres, more or less (hereinafter "the POW parcel") which cave and mineral rights are and shall be SUBJECT TO the following conditions: a. Mosses acknowledge that they have no surface easements over the POW parcel, other than the roadway easements provided for in that certain Easement Deed from POW to Mosses dated and recorded on the same date as this Quit Claim Deed and Agreement. Mosses agree not to use or disturb the surface of the POW parcel in any way (other than to use the roadway casement), not to mine minerals through the surface of the POW parcel, and not to create or use any surface entrance on the POW parcel to any caves that may be discovered under the POW parcel. Mosses agree not to use explosives under the POW parcel that would in any way adversely affect the surface use and structural stability of the entire POW parcel including specifically not to adversely affect the structural integrity of foundations for proposed or existing tramway or gondola towers, and building foundations. Such things as drilling for bentonite clay, rock When recorded, return to: BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GLENWOOD SPRINGS, CO 81601 11111111111111111111111111111111111111111111111111111111 603654 05/17/2002 01:27P 51355 P838 M ALSDORF 2 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO splitters, and Hilti capping would be permitted if this activity does not in any way adversely affect the surface stability or surface workings. b. POW agrees to reasonably protect any cave and mineral resources on the POW parcel by refraining from any actions that may injure the cave and mineral resources, including such things as unreasonable use of explosives, creating or using cave entrances, placing leach fields over cave and mineral resources, making significant changes in surface drainage, allowing toxic chemical spills over cave or mineral resources, or burying waste that may have toxins which may potentially seep into cave or mineral resources. c. Mosses agree to reasonably protect any cave and mineral resources on the POW parcel by refraining from any actions that may unreasonably injure the cave and mineral resources. d. Mosses agree to supply timely, pertinent information to POW about any and all cave and mineral resources they may discover under the POW parcel, for purposes of cave and mineral resource protection. If any cave is discovered under the POW parcel that connects to caves under other property owned by POW, Mosses and POW will reasonably cooperate to protect all cave resources. e. Nothing in this Agreement shall be construed to preclude or interfere with POW's right to install tramway towers and foundations on the POW parcel. Mosses will reasonably assist and shall not interfere in any way in the development of the POW parcel including placement of tramway or gondola lift tower foundations. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs, successors and assigns forever. IN WITNESS WHEREOF, the parties have executed this Quit Claim Deed and Agreement on the date set forth above. GRANTOR: POW, INC. St en Beckley, Presi . en ATTES GRANTE Jea e N. Beckley, Secreta Quit Claim Deed and Agreement Grantor: POW, Inc. Grantees: Lyle R. Moss and Cathy J. Moss Page 2 of 3 L •e R. Moss 1 111111 11111 111111 11111 11111 1111 1111111 111 11111 1111 1111 603654 05/17/2002 01:27P B1355 P839 M ALSDORF 3 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD ) ) ) ss. The foregoing instniment was acknowledged before me this 7- day of /iq Gtit� 2002 by Steven Beckley, as President and Jeanne N. Beckley as Secretary of POW,( c., a Colorado corporation. Witness my hand and official seal. My commission expires: /- zq-Zodti STATE OF e )(..ti S ) COUNTY OF 14 eAr(i. ) ) ss. The foregoing instrument was acknowledged before me this I c7 2002 by Lyle R. Moss and Cathy J. Moss. Witness my hand and official seal. My commission expires: Scip-i-tAv•17( 11 Quit Claim Deed and Agreement Grantor: POW, Inc. Grantees: Lyle R. Moss and Cathy J. Moss Page 3 of 3 ,'Loa S LONG PHAN Notary Public. State of Toxas My Commission Expiiea SEPTEMBER 11, 2005 day of {`` d Notary Public 1111111 11111 111111 111 11111 11111111111111 1111111111111 05/17/2002 01:45P 81355 P840 M ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO i QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this �V-day of Maq , 2002 between LYLE R. MOSS and CATHY J. MOSS of the County of Harris; State of Texas, ("Grantors") and POW, INC., a Colorado corporation ("Grantee"). WITNESS, that the Grantors, for and in consideration of the sum of ten dollars ($10.00) and other good of valuable consideration, the receipt of sufficiency of which is hereby acknowledged, have remised, released, sold and QUITCLAIMED, and by these presents do remise, release, sell and QUITCLAIM unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the Grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: Beginning at a point that lies on the western boundary of the SE 1/4, SE 1/4 of Section 4 of T. 6 S., R. 89 W. of the 6►1' P.M., whence the North 1/4 Corner of Section 9, T. 6 S. R 89 W. of the 6th P.M. bears S. 52°32' 49" W., a distance of 1,629.31 feet. Thence N. 25° 00' E. 702.09 feet, thence S. 65° 00' E., 300.00 feet, thence S. 25° 00' W., 149.66 feet, thence S. 53° 30' 16" W. 628.63 feet to the point of beginning, containing 2.93 acres, more or less. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise (hereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its succes ers and assigns forever. II'� W1TNE}SS'VAT e Gr.titois have executed this deed on the date setkforth ove. yle R. Moss STATE OF 're- t xC S COUNTY OF d-ttie 1 s ss. LONG PHAN Notary Public. Stets of Taxan My Commission Expires SEPTEMBER 11, 2005 The foregoing instrument was acknowledged before me this \0 day of a-c� 2002 by Lyle R. Moss and Cathy J. Moss. Witness my hand and offici 1 se I. My commission expires: �7ilM�oti l l ,1,erb 4144 P-Let— Notary Public 3/9 When recorded, return to: BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GI.FNWOOD SPRINGS. CO 81601 { 1111111111111111111111111111111111111111111111111111111 603650 05/17/2002 01:15P 81355 P822 M ALSDORF 1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT The undersigned, being first duly sworn, depose and state as follows: 1. We are majority shareholders, the President and Secretary, and members of the board of directors, of POW, Inc., a Colorado corporation ("POW"). POW is the owner of certain real property in unincorporated Garfield County, which is legally described as follows: Township 6 South, Range 89 West of the Sixth Principal Meridian Section 3: NW 1/4 SW 1/4 Section 4: Lot 10 2. By warranty deed recorded on September 6, 1988 in Book 740 at Page 525 as Reception No. 395081 in the office of the Garfield County Clerk and Recorder, POW acquired the following described interest in real property in unincorporated Garfield County: Undivided one-half interest in Washington Lode (Lode Survey #6596) of 9.38 acres. 3. By Agreement dated February 19, 2002, we have agreed with the co -tenant Lyle R. Moss and Cathy J. Moss to partition the Washington Lode, and to annex a portion of the Washington Lode to POW's property described in paragraph 1 above. The partition has been accomplish by Quit Claim Deed of even date herewith, conveying to us a portion of the Washington Lode which is legally described as follows: Beginning at a point that lies on the western boundary of the SE 1/4, SE 1/4 of Section 4 of T. 6 S., R. 89 W. of the 6th P.M., whence the North 1/4 Corner of Section 9, T. 6 S. R 89 W. of the 6th P.M. bears S. 52°32' 49" W., a distance of 1,629.31 feet. Thence N. 25° 00' E. 702.09 feet, thence S. 65° 00' E., 300.00 feet, thence S. 25° 00' W., 149.66 feet, thence S. 53° 30' 16" W. 628.63 feet to the point of beginning, containing 2.93 acres, more or less. 4. POW desires to adjust the boundary lines of its properties by merging the property described in paragraph 3 above with the property described in paragraph 1 above, and signs this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 5. POW represents that no new lots or parcels will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the properties in their existing condition. y3P When recorded, return to: BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GLENWOOD SPRINGS, CO B1601 i iniii nisi niiii iiiii mil nil mini iii nisi ilii im 603650 05/17/2002 01:15P 81355 P823 M ALSDORF 2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO 7. POW represents that the boundary line adjustment described herein will not cause the loss of access by road or to utilities, to any parcel of property involved. 8. POW represents that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETI-I NOT. DONE this 7744 day of ATTEST: Bv: Nay ne N. Beckley, Seer STATE OF COLORADO COUNTY OF GARFIELD ss. POW, INC. B , 2002. teve Beckley, President The foregoing instrument was acknowledged before me this day of 2002 by Steve Beckley as President, and Jeanne N. Beckley as Secretaty, of POW Colorado corporation. ., a 1.111;1„ Witness my hand and official seal. My commission expires: /— Z q- z-oo tf '.�'. Nv Public Affidavit RE: Boundary Line Adjustment POW Inc. Page 2 of 2 I Iola 11111 nail 11111 11111 1111 iiiini 111 mil im ini 603651 05/17/2002 01:19P B1355 P824 M ALSDORF 1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT The undersigned, being first duly sworn, depose and state as follows: 1. By warranty deed dated December 5, 1980, recorded December 18, 1980 in Book 562 at page 249 as Reception No. 310425 in the office of the Garfield County Clerk and Recorder, we acquired title to certain real property in unincorporated Garfield County, which is legally described as follows: Lot 6, Section 4, Township 6 South, Range 89 West of the Sixth Principal Meridian 2. By Resolution No. 81-17 dated January 19, 1981, recorded January 27, 1981 in Book 564 at page 366 as Reception No. 311420 in the office of the Garfield County Clerk and Recorder, we acquired the following described interest in real property in unincorporated Garfield County: Undivided one-half interest in Washington Lode (Lode Survey #6596) of 9.38 acres. 3. By Agreement dated February 19, 2002, we have agreed with the co -tenant POW, Inc., a Colorado corporation, to partition the Washington Lodc, and to annex a portion of the Washington Lode to our, property described in paragraph 1 above. The partition has been accomplish by Quit Claim Deed of even date herewith, conveying to us a portion of the Washington Lode which is legally described as follows: Beginning at a point that lies on the western boundary of the SE 1/4, SE 1/4 of Section 4 of T. 6 S., R. 89 W. of the 6`h P.M., whence the North 1/4 Corner of Section 9, T. 6 S. R 89 W. of the 6th P.M. bears S. 52°32' 49" W., a distance of 1,629.31 feet. Thence N. 53° 30' 16" E., 628.63 feet, thence S. 25° 00' W, 1,212.64 feet, thence N. 65° 00' W., 300 feet, thence N. 25° 00' E., 660.21 feet to the point of beginning, containing 6.24 acres, more or less. 4. We desire to adjust the boundary lines of our properties by merging the property described in paragraph 3 above with the property described in paragraph 1 above, and we sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 5. We represent that no new lots or parcels will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the properties in their existing condition. 6. We represent that none of the parcels involved in this boundary line adjustment is part of a previously platted subdivision of record. V Lf When recorded, return to: BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GLENWOOID SPRINGS, CO 81601 anal 11111 111111 11111 11111 1111 1111111 111 11111 ilii ini 603651 05/17/2002 01:19P B1355 P825 M ALSDORF 2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO 7. We represent that the boundary line adjustment described herein will not cause tlic loss of access by road or to utilities, to any parcel of property involved. 8. We represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this 10 day of , 2002. STATE OF Tex Q S ) ss. COUNTY OF '-{kr r ,{ 5 ) LONG PI -IAN Notary Pubic. Stare of Texne My Commission Expires SEPTEMBER 11, 2005 The foregoing instrument was acknowledged before me this ' c day of 2002 by Lyle R. Moss and Cathy J. Moss. Witness my hand and official seal. My commission expires: GW\L '( it \200 S 1041 Notary Public Affidavit RE: Boundary Line Adjustment Lyle R. Moss and Cathy J. Moss Page 2 of 2 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 DATE PURCHASED DATE ACCEPTED 05/12/1999 05/12/1999 OWNER GLENWOOD CAVERNS INC FIRST LIENHOLDER RECN/DATE/TIME AMT/MAT DATE/EXT DATE SECOND LIENHOLDER RECA/DATE/TIME AMT/MAT OATE/EXT DATE 3RD LIEN REC/ 4TH LIEN REC/ DATE DUPLICATE ISSUED REMARKS: CHANGING CO NAME/EXEMPT OD DUPE CT: TRANCODE: NEW BTH/COL RCD PRV.TRN: OPERATOR: JMA TRM ID: 2402 BRANCH: 00 TRAN DT: 05/ 12/ 19997 IME: 12: 54: 13 LESSEE: LEG. ADD.: 219 ROSEBUD LN GLENWOOD SPGS CO 81601 REG.ADD.: 508 PINE ST GLENWOOD SPGS CO 81601 TTL. ADD.: 508 PINE ST GLENWOOD SPGS CO 81601 APPLICATION FOR DUPLICATE COLORADO CERTIFICATE OF TITLE I affirm under penalty of perjury in the second degree that the title for this vehicle: has been lost or destroyed has not been assigned or transferred is subject only to fhe liens) 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 titles) will be void. X Owner or Agent Signature DATE TABNAL CON GVW BUS.DATE N342293 24 05/12/1999 TYPE PLATE/ PREV. EXPIRE BUS-RAB ETZ7855 MODEL SERIES HVUT EXP.DATE E 05/2000 PURCH. PRICE TAX CLASS SHORT CHECK EMM 0.00 C MSRP FLEET 1 DEALER / IND UNIT N HI GVW TITLE FEE PRIOR OT OWN. TAX LIC. FEE STATE TAX RTD TAX CNTY TAX CITY TAX DISTRICT TITLE OTHER FEE SPEC FEE REG OTHER FEE CR OT CR LIC. FEE TOTAL HC DATE 6.50 U/R: 0.00 R 9999 286.88 E.470: 38.50 0.00 MILES 0.00 UNKNOWN 0.00 ADDONS 0.00 DIESEL: N 0.00 EMISSION: N 1.00 LXE470: N 0.00 HIGHWAY: N 0.00 MEDICAL Y 0.00 0.00 332.88 *7Nn�PRINT - EMP* *NO FEES* 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 T-nl nQAnn RFt_ICTRATInN/nWNFRSHIP TAX RFCEIPT OWNER NAME/MAILING ADDRESS TYPE PLATE TABNAL VIN EXPIRE BUS-R7B ETZ7855 N342293 4CDK56M25N2105555 05/2000 TITLE YR MAKE BODY SERIES MODEL CWT/PAS T/C FLEET/ 24E394988 1992 OSH BS A020 C PUR. DATE PUR. PRICE ORIGINAL TAXABLE VALUE BUS. DATE CO P UR/CODE 05/12/1999 0.00 63,750 05/12/1999 24 R 9999 PREV. EXP. PRIOR O.T. OWN TAX LIC. FEE TITLE FEE OTHER FEE 0.00 286.88 38.50 6.50 1.00 PTD TAX COUNTY TAX CITY TAX STATE TAX SPECIAL FEE FUEL 0.00 0.00 0.00 0.00 0.00 D V u 2 O GLENWOOD CAVERNS INC Oko w 508 PINE 1/40 CO 0 m U CO CO 0 0 0) a C7 508 PINE CO O N el rl a 0 eM m 0 r-1 0 0 0 CE ISA MISDEMEANOR TRAFFIC OFFENSE MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO, NON-CDMPU l,lo z o m� FA 0- <N W N W '"l- c O Z N _ O m X O w N Tr L 11 V1 Q Ln LA' .. 0 a H CO H N 5 N i!" a a.m 0 W O1 c 0 r\ <o E. vN • z V.rW al H m • 41 Cl o z w Ga O O 00 0 0 0 0 0 0 0 0 0 0 0 CO 111 O W L11 0 0 0 0 0 0 0 0 0 0 00 LID O ,O CO O O O O O r 4 O O O O N CO el ri N M X x H X < x X H 0, O r U.1 L' Q ha- Q U J O LL~ H>~ 2 ,- 0 0 • U I- z 0 N H a o= Vl ¢ U U O TITLE OTHER FEE w w U REG. OTHER FEE w LL _ O U U TOTAL FEES 9Z0121 BUS -CTA GLENWOOD SPGS w CC 0 Q w H W Qjw zdsW C71 CC OU rnl (-mem" RPI IRTRATInN/fWNFRSHIPTAX RECEIPT W 508 PINE 0 U a W GLENWOOD *NO FEES* w z W *INQ/PRINT - W i m 0 • N fel Q 05/12/1999 0 O IS A MISDEMEANOR TRAFFIC OFFENSE MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO, NON.COMPU O 0 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 DATE ACCEPTED 05/12/1999 05/12/1999 OWNER GLENWOOD CAVERNS INC FIRST LIENHOLDER RECO/DATE/TIME AMT/MAT DATE/EXT DATE SECOND LIENHOLDER RECN/DATE/TIME AMT/MAT DATE/EXT DATE 3K0 LAN REV/ 4TH LAN RECN DATE DUPLICATE ISSUED REMARKS: TRAN CODE OPERATOR: LESSEE: LEG. ADD.: REG. ADD.: TTL. ADD.: CHANGING COMPANY NAME NEW BTH/COL RCD PRV.TRN JMA TRM ID: 2402 BRANCH: 00 TRAN DT 219 ROSEBUD LN GLENWOOD SPGS CO 81601 508 PINE ST GLENWOOD SPGS CO 81601 508 PINE ST GLENWOOD SPGS CO 81601 DUPE CT: 05/12/1999T1ME: 12 :41:47 APPLICATION FOR DUPLICATE COLORADO CERTIFICATE OF TITLE 1 affirm under penalty of perjury in the second degree that the title for this vehicle: has been lost or destroyed has not been assigned or transferred is subject only to the lien(s) shown will be issued to meas: ❑ 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 TABNAL CON GVW BUS.DATE N342290 24 05/12/1999 TYPE PLATEN PREV. EXPIRE BUS-RAB ETZ7854 MODEL SERIES HVUT EXP.DATE E 05/2000 PURCH. PRICE TAX CLASS SHORT CHECK EMM 0.00 C DEALER N HC DATE IND UNIT N HI GVW MSRP FLEET N TITLE FEE 6.50 PRIOR OT 0.00 OWN. TAX 286.88 LIC. FEE 38.50 STATE TAX 0.00 RTD TAX 0.00 MTV TAX 0.00 CITY TAX 0.00 DISTRICT 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 *TTTn /DA TTTT - F.MA* APPLICATION FOR COLORADO CERTIFICATE OF TITLE FOR A MOTOR VEHICLE I affirm under penalty of perjury 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 lien(s) noted. X Owner or Agent Signature DATE *NO FEES* U/R: R 9999 E-470: MILES UNKNOWN ADDONS DIESEL: EMISSION: E470: HIGHWAY: MEDICAL: N N N N Y M/C N rnl non nn C7F!_ICTRATInN/nVUNFRSHIP TAX REGI IPT TYPE PLATE TABNAL VIN EXPIRE BUS-RAB ETZ7854 N342290 4CDK56M2XN2105549 05/2000 TITLE YR MAKE BODY SERIES MODEL CWT/PAS T/C FLEET# 24E394985 1992 OSH BS A020 C PUR. DATE PUR. PRICE ORIGINAL TAXABLE VALUE BUS. DATE CO # UR/CODE 05/12/1999 0.00 63,750 05/12/1999 24 R 9999 PREV. EXP. PRIOR O.T. OWN TAX LIC. FEE TITLE FEE OTHER FEE 0.00 286.88 38.50 6.50 1.00 RTD TAX COUNTY TAX CITY TAX STATE TAX SPECIAL FEE FUEL 0.00 0.00 0.00 0.00 0.00 D 0 U Z t 0 SPGS CO 81601 0 (0 OD 0 U U) 0 (1)0) H 0 m W O o m Q m N rnm O 0 a PAID GARFIELD O u O Q2 0 a 0 0 0 2 2 O Z 0 O 2 0 O 0 z 2 > 0 0 0 X a O O m 0 0 0 0 0 0 0 0 0 0 0 CO Lfl O m N 0 0 0 0 0 0 0 0 0 0 CO o O W m 0 0 0 0 0 r1 0 0 0 O N CO rn en N N X Q X W F- W W Q )-- Q W ¢ LL 1- f' } F- .� O Z Y - 0jU) UO 1- a O N¢ U U DISTRICT TAX TITLE OTHER FEE CR. LIC. FEE TOTAL FEES > r i W s u LEGAL ADDRESS/CITY PRV TRN CODE rnl nRAnn RF(;ISTRATInN/nWNFRSHIP TAX RECEIPT 9Z0120 BUS -CTA O H co 0 U) H a W W W 0 H 0 o W7 in U 01 m 05/12/1999 124147 0 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO, NON-COMPUANCE IS.A MISDEMEANOR TRAFFIC OFFENSE OWNER 1 GLENHOOD CAVERNS INC 0 0 VIN YR MAKE BODY CWT/PAS ODOMETER TITLE NO. 4CDK56M23N2105568 1992 OSH BS A020 24000 N 24E397623 TAXABLE VALUE PREV.TITLE FUEL 63,750 24E397622 D DATE PURCHASED DATE ACCEPTED 06/22/1999 06/22/1999 OWNER GLENWOOD CAVERNS INC FIRST LIENHOLDER SECOND LIENHOLDER 3RD LIEN REG/ 4TH LIEN RECO REMARKS: NO MONEY EXCH RECN/DATE/TIME AMT/MAT DATE/EXT DATE RECN/DATE/TIME AMT/MAT DATE/EXT DATE DATE DUPLICATE ISSUED DUPE CT: TRAIN CODE: NEW BTH/COL RCD PRV.TRN: OPERATOR: JMA TRM ID, 2402 BRANCH: 00 TRAN DT: 06/22/1999TIME: 17: 04:48 LESSEE: LEG. ADD.: 219 ROSEBUD GLENWOOD SPGS CO 81601 REG. ADD.: P 0 BOX 4491 ENGLEWOOD CO 80155 TTL. ADD.: P 0 BOX 4491 ENGLEWOOD CO 80155 APPLICATION FOR DUPLICATE COLORADO CERTIFICATE OF TITLE 1 affirm under penalty of peripry in the second degree that the title for this vehicle: has been lost or destroyed has not been assigned or transferred is subject only to the lien(s) 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 title(s) will be void. X Owner or Agent Signature DATE TABNAL CON GVW BUS.DATE N348419 24 06/22/1999 TYPE PLATEN PREV. EXPIRE BUS-RAB ETZ8959 MODEL SERIES HVUT EXP.DATE E 06/2000 PURCH. PRICE TAX CLASS SHORT CHECK EMM 0.00 C MSRP DEALER N HC DATE IND UNIT N HI GVW FLEET N TITLE FEE 6.50 PRIOR OT 0.00 OWN. TAX 286.88 LIC. FEE 38.50 STATE TAX 0.00 RTD TAX 0.00 CNTY TAX 0.00 CITY TAX 0.00 DISTRICT 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 *TATO/PT7TNT - 1TMP* APPLICATION FOR COLORADO CERTIFICATE OF TITLE FOR A MOTOR VEHICLE I affirm under penalty of perjury 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 lien(s) noted. X Owner or Agent Signature DATE *NO FEES* U/R: R 9999 E-470: MILES 24000 ADDONS DIESEL: EMISSION: E470: HIGHWAY: MEDICAL: N N N N Y M/C N U ULVIIHUU TICLTI.) l 11/Y1 v••[ILE.... las .. .-. �- •• EXPIRE TYPE PLATE TABNAL VIN BUS—RAB ETZ8959 N348419 4CDK56M23N2105568 06/2000 TITLE YR MAKE BODY SERIES MODEL CWT/PAS T/C FLEE]R 24E397623 1992 OSH BS A020 C PUR. DATE PUR. PRICE ORIGINAL TAXABLE VALUE BUS. DATE CO I UR/CUUt 06/22/1999 0.00 63,750 06/22/1999 24 R 9999 PREV. EXP. PRIOR O.T. OWN TAX LIC. FEE TITLE FEE OTHER FEE 0.00 286.88 38.50 6.50 1.00 RTD TAX COUNTY TAX CITY TAX STATE TAX SPECIAL FEE FUEL 0.00 0.00 0.00 0.00 0.00 D i P 0 BOX 4491 8 ENGLEWOOD P 0 BOX 4491 in Ln co 8 ENGLEWOOD 170448JMA B04 000000000000000 CO10000L00000000000 COCO M L. LU X # X =Ul= L §G»m-}H<QG!(_e )�$0--Z 1-abk\ ;Eo=n=oo/R§= TOTAL FEES PURCH PRICE Ln th o 0.1 o csi °E 9Z0122 BUS—CTA op 'IIm4 o G| §� 3% \§ \k o) o§ ]g [S4§ z ) \/k > 2 Ca 0 ca Z00 ( §cC§S Ln E *NO FEES* / *INQ/PRINT CO et CO r2 CV 00 06/22/1999 170448JMA B04 NO MONEY EXCH GLENWOOD CAVERNS \ V1 z 0 5 w D z Q w W Q U N w 0 0. a w 2 z 0 0 ALL URBAN CONSUMERS (CPI -U) N ti fit j, Z N r V m N M m N r g40N-7O44Q 1".6:qNNf•1Qr(7gg0 , Z� omm,N--Qf0 citNie,99906 1O 10 g N 'C V g q z G g 3 E¢ if 6 fr {Z N r m Y N 017 0 r 66007q0.-09 6 0 01QhmrOf rm01 —csi �rPlNO1: 1NOWt.,W Kfmp0000mO f NOfON NONg0 U.E. CRY AVERAGE a fi jt OrnfOm(70r0 000cig00g0 i O N N N N V 0 N N NNN�r ri..-0co 1.4rrmQNNP10f g il *-0 7 <111P jj Z ZZ5 I- ii t jZ /OONO �Nf7Nr 90001.0499 1".6:qNNf•1Qr(7gg0 Y M r m. 0 r N N f0 NN-NNoQtle? 1$QN010�I("Of NWp NOI 3d'SWIM 1 Ofb 1,7("!Tc 0rN OOOtrQOOQQ f� a< mQWV) Of mmNm . c.i. 0FiOOi ,,,,,,000,0- N5 NVNSSN ; a 1 aaiR• ar jt 0 OCONQ0000 afNoNrrmfmvm ' g 80 N Q<Q r V •pied anis idO UO VIP uay;`w;y•snnauzoipnoB•slq•s;e;sp:dpy o; Jesm:Lig inoA ;ulod;snf `Adoo e 01 •pesealaJ ale a;ep ay; BUIUJow ay; uo qaM aP!M PIJoM 041 uo a!gellene s! peep slit!. • • 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 SPECIAL USE PERMIT JMB PROPERTIES In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1979, as amended, and Resolution No. 9 9 - 0 6 5 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following use: Outdoor Commercial Recreation in the A/I Zone District on the following described tract of land in Garfield County, Colorado: See Attached Exhibit A The within Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BOARD OF COUNTY COMMIS IONERS, GARFIELD COUN OLORADO 6-7,99.. ChaiDate 1 111111 11111 111111 111111 111 11111 II' III 11111 1111 1111 ' 546854 06/08/1999 03:39P B1133 P904 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 4.5 STATE OF COLORADO )ss County of Garfield (12 (Au • At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , then -h day of .Tine A.D. 19 99 , there were present: John Martin , Commissioner Chairman Walt Stowe , Commissioner Larry L. McCown , Commissioner Don Deford , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 99-069 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR JMB PROPERTIES WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from JMB Properties for a Special Use Permit to allow for a Commercial Recreational Facility/Park in the Agricultural Industrial zone district. WHEREAS, the Board held a public hearing on the 5th day of April 1999, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and ki 1 111111 11111 111111 111111 III 11111 II1IIPI 11111 1111 1111 546854 06/08/1999 03 39P B1133 P905 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO • WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the operation of an outdoor commercial recreation facility at the site identified in the application, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of future review. 2. That the applicant provide an access, parking and layout plan for the site indicating emergency and van routes, parking areas, storage areas and pedestrian circulation areas. That the applicant improve Traver and Transfer Trail as defined in items #1-7 as indicated in the applications pages 12-13. 4. That the applicant be limited to a maximum of 10 externally generated (service) vehicle trips per day, on average during any weekly period. 5. That the applicant be limited to a maximum of 30 van trips per day, on average during any weekly period. 6. No public vehicular access to the site beyond access via van trips from the authorized staging area as defined in the final resolution for approval of the special use shall be permitted to the site. 7 That the use be limited to a total of one hundred (100) persons using on-site facilities at any given point during permitted hours of operation. No persons shall lIi ut1 tit iiIIIIIIIIIle6 nilMORF 546854 06/08/1999 03:39P 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO be allowed to use facilities beyond general maintenance and routine use in association with the cave operation. • 8. That the use be limited to daylight to dusk hours of operation and that no regular night activities be approved, except traffic which may be generated by a special event. All special events shall be limited to public vehicular access by van only. 9. That an emergency preparedness plan be provided to the County. 10. That the use be limited for operation to those periods of the year such that the primary access as defined in the final resolution for approval of the special use remains free and clear of any potential safety hazard as may be created by the presence of standing snow on the roadway. Standing snow is defined as any amount of snow which remains in the roadway regardless of road maintenance. 11. Control of noxious weeds shall be the responsibility of the lessee for areas of the property affected by the described operation. 12. If any areas affected by the application are to be floodlit, the applicant shall use box cut-off designs which direct lighting inward to the property. 13 The applicant shall follow the Best Management Practices, as indicated by the Colorado Forest Stewardship Guidelines road building activities. 14. The applicant shall submit an amended application at time any further expansion of commercial, retail or operational activities beyond those described in the application. Dated this 7th day of June , A.D. 1999 . ATTEST,:,, 1/ erk of the Board (:) GARFIELD COUNTY BOARD OF CO 1 A ISSIONERS, GARFIELD CO COLORADO Chairm 11H11111111111111111111111111111111101H11111111111 • 546854 06/08/1999 03 39P B1133 P907 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN JOHN F. MARTIN ,Aye COMMISSIONER LARRY L. MCCOWN ,Aye COMMISSIONER WALTER A. STOWE ,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 affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners