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HomeMy WebLinkAbout1.0 ApplicationGlenwood Caverns Adventure Park Amendment of Garfield County Special Use Permit January 11,2018 Introduction a Backoround Glenwood Caverns Adventure Park (GCAP) is and has been a successful addition to the recreation, tourism and commercial base of Glenwood Springs. Over the last three years of operations, GCAP hosted approximately 205,000 annual visitors! Unfortunately, after many years of steady visitor growth, annual attendance has been stagnated for a couple years. This stagnation is attributed primarily to tram capacity. After analysis of guest interviews and guest comments regarding their GCAP experiences, the most significant factor has been the excessively long wait times to ride the Tram up the mountain and likewise the delays in getting off the mountain particularly after special events and when weather conditions have deteriorated. Peak Day upload wait times are typically 60 to 90 minutes long! lt has been noted that there are times when there are a still significant number of open parking spaces but the long tram wait times deters people from coming to the park. lt clearly dampens their enthusiasm in sharing their experience with friends and potential GCAP future guests. Person to person testimonies are a critical element of advertising for a recreational attraction. Wait times are most significant during the peak late morning hours but are also significant whenever wind conditions or the presence of lighting in the area cause the Tram speeds to slow, and sometimes halt operation, until those conditions pass. This past year the tram was closed at least once a day on 45 days in the period from May 1 through Sept. Wind conditions requiring a reduction of Tram speed can cut hourly Tram capacity by half. When the Tram wait time becomes excessive, or for guests fearful of riding the tram and in unusual emergency conditions, GCAP offers alternative transportation up to the mountain facility in the form of Adventure Vehicles which are large excursion trucks with multiple rows of bench seating on the bed of the truck. The Adventure Vehicles load at the Tram base and travel to the mountain top via Devereux Road, Hwy 6, Traver Road and Transfer 1 Trail, unloading at the back-side of the Adventure Park facilities. These Vehicles are used heavily when weather conditions cause the tram to temporarily shut down or operate at a slower speed. Most of our guests have indicated they prefer the Tram over the Adventure Vehicles because of speed and comfort. Bottom line, long wait times to get up the mountain and to get down from the top seriously degrades the guest's experience and therefore reduces their desire to return or to personally promote GCAP to their friends and family. At this time, parking is not an issue; however, as GCAP continues to grow shuttle service will be provided to future remote parking lots during the peak season. The City of Glenwood Springs approval of the lron Mountain Hot Springs included a provision for parking at that facility for GCAP guests when served by a shuttle to the Tram base. A rebuild of the existing Tram to increase hourly capacity is the subject of this application as described by the following text. Existino Soec ial Use Permit Glenwood Caverns Adventure Park and Tram operate under a GARCO Special Use Permit first issued in 1998 and most recently amended in 2012. Within the City of Glenwood Springs, the Tram and Tram base facilities operate under a Major Development Permit and Special Use Permit originally issued in 2002 with the most recent amendment of these permits being issued in 2012. The GARCO Special Use Permit, as amended, includes a Condition of Approval that limits the maximum number of Tram cabins to 18. This application requests to amend this Condition to allow up to 44 cabins on the Tram. Under the new GARCO Land Use Code the amendment is processed as a Major Land Use Change Permit. Application is also being made to the City to amend the current permits to accommodate the Tram rebuild and to build a new Tram base building that, in addition to the ticketing and Tram operations, will include retail space, restrooms and, on a second level, office space. 2 Tram Rebuild The owner, Steve Beckley, has investigated alternative methods by which to move people to the mountain top facilities but all have proven prohibitively expensive. Recently, Leitner-Poma out of Grand Junction, CO presented a proposal to Steve which would replace the existing 18 fixed- grip Tram passenger cabins with 44 detachable cabins. Each will accommodate six passengers like the current Tram cabins. The new Tram hourly capacity would be 1,000 people per hour, a significant increase over the current Tram capacity of 300 people per hour. The Tram rebuild will utilize the existing towers and sheave assemblies located on the towers. All the tram equipment at the top and bottom stations will be replaced with new equipment. The drive system will be switched from a bottom drive system to a top drive system which is significantly more efficient to run. When the current Tram was built, 3- phase power was not available at the top of the Tram making a bottom drive the only option. The haul rope and all the cabins will be replaced with new equipment. The new Tram will not be as sensitive to wind speeds with the ability to operate in winds in excess of 80 miles per hour. In the absence of icing conditions, the Tram can operate in winds up to 100 miles per hour. The tram will be able to operate better in high wind conditions due to the cabins being spread out along the line which equalizes the loading on all the towers. The current tram has pods of 3 cabins which create a large surface area resulting in significant wind loads. Also, the current tram has 6 pods that develop issues where some towers are heavily loaded and other towers are lightly loaded. Also, the Tram's electronic control will be totally different than the current system. This will allow the use of on tower lightning diffusors which will eliminate the necessity to shut down the Tram due to lightning in the area. The current Tram operation starts the shut-down process with passenger unloading and/or downloading when there is lightning within 15 miles. lf the lightning is accompanied by high winds, the speed of the tram must be slower and it can take up to 40 minutes to unload people from the Tram. 3 The ability to operate in higher wind conditions and when lighting is present, combined with a three-fold increase in hourly capacity, will dramatically enhance the guest's experience in accessing GCAP! The Adventure Vehicles will still be utilized for guests fearful of riding the tram and in unusual emergency conditions. This application requests the Special Use Permit be amended to allow 44 detachable cabins on the Tram. Examole Guest C omments 1. The crowds are not the fault of the adventure park, but the pacing of the trams for the size of the crowds attracted was not a good thing. The lines were very long. You can see with the long lines - it was going to take forever to get to the top. And - it wasn't just us - many individuals and families were overwhelmed by the length of the lines. I saw many families shaking their heads and moving on. 2. My family waited in line for two hours to take the tram down the mountain. This was extremely aggravating and slightly ridiculous. My husband and I chose to take the bus which was the most adventurous part of the day. We wondered if we would survive the ride down the mountain. The Fairy Cave tour was cool thoughl 3. Not exactly the perfect place to be stuck for 15 minutes in high winds while your gondola is swaying left and right from high winds. 4. The park was great, especially the caves. But when the aerial tram was closed due to weather, we had to wait an hour for a packed bus with no a/c. The weather is not their fault. 4 Glenwood Springs Branch 1322 Grand Avenue Glenwood Springs, Colorado 81601 Telephone: (970) 945-4444 Facsimile: (970) 945-4449 January 10, 2018 Steve Beckley steve@glenwoodcaverns.com Re: Mineral Owners for Parcel Number 2185-033-034 Dear Steve: We examined title to the minerals as reflected in recorded documents in the Garfield County Clerk and Recorder’s Office for the following parcel owned by POW, Inc.: The NW¼SW¼ of Section 3 and Lot 10 of Section 4; in Township 6 South, Range 89 West, 6th Principal Meridian Also, a parcel of land acquired via Quit Claim Deed recorded May 17, 2002 in Book 1355 at Page 840 as Reception No. 603655, more particularly described as follows: Beginning at a point that lies on the western boundary of the SE¼SE¼ of Section 4, Township 6 South, Range 89 West of the 6th Principal Meridian, whence the North ¼ corner of Section 9, Township 6 South, Range 89 West of the 6th Principal Meridian bears South 52°32'49" West a distance of 1,629.31 feet; Thence North 25°00' East 702.09 feet Thence South 65°00' East 300.00 feet Thence South 25°00' West 149.66 feet Thence South 53°30'16" West 628.63 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed via Quit Claim Deed recorded May 17, 2002 in Book 1355 at Page 837 as Reception No. 603654, more particularly described as follows: Beginning at a point that lies on the western boundary of the SE¼SE¼ of Section 4, Township 6 South, Range 89 West of the 6th Principal Meridian, whence the North ¼ corner of Section 9, Township 6 South, Range 89 West of the 6th Principal Meridian bears South 52°32'49" West a distance of 1,629.31 feet; Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, Colorado 81650 Telephone: (970) 625-3300 Facsimile: (970) 625-3305 Page 2 January 10, 2018 Thence North 53°30'16" East 628.63 feet; Thence South 25°00' West 1,212.64 feet; Thence North 65°00' West 300 feet Thence North 25°00' East 660.21 feet to the Point of Beginning. As appears from the recorded documents in the Garfield County Clerk and Recorder’s Office we examined for the above described parcel, and subject to reservations, exceptions and conditions contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any state of facts which an accurate survey would disclose, title to the minerals is vested in the following: Mineral Rights Owner Address as shown on the most recent recorded instrument or Assessor’s Site Cathy J. Moss and Lyle R. Moss (deceased) as to all cave and mineral rights as described in Quit Claim Deed and Agreement recorded May 17, 2002 in Book 1355 at Page 837. 2021 ALTA AVENUE LOUISVILLE, KY 40205 POW, Inc. as to all other minerals and mineral rights 51000 TWO RIVERS PLAZA ROAD GLENWOOD SPRINGS, CO 81601 Although we deem this information to be reliable, is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and the Companies’ liability is limited to the amount paid for the mineral examination. The effective date of this mineral title analysis is December 29, 2017. If you have any questions regarding this analysis, please contact me. Sincerely, Patrick P. BurwellPatrick P. BurwellPatrick P. BurwellPatrick P. Burwell Patrick P. Burwell Adjacent Landowners Parcel Number Property Owner Mailing Address 2185-053-00-035 City of Glenwood Springs 101 West 8th Street Glenwood Springs 2185-033-00-036 Joseph and Celina Claudon P.O. Box 1904 GWS, CO 81602-1904 2185-041-00-963 Bureau of Land Management 2300 River Frontage Road Silt, CO 81652 2185-044-00-007 Cathy Moss 2021 Alta Ave Louisville, KY 40205 2185-044-006 Iron Mountain Properties, LLC 51000 Two Rivers Plaza GWS, CO 81601 2185-044-00-005 Glenwood Tramway, LLC 51000 Two Rivers Plaza GWS, CO 81601 f il #tr¡,1þlÏl lll{,H'Llllr¡ hlfl }'t¡¡¡f i¡filh\Uhi' ll ll I PêêeDt¡on$: 9ø2196 îllj.iãg:: i:¿l4it%ã".i'Ê:.îà?36'3å,,,*o .0,*'" "o STATEMENT OF AUTHORITY Pursu¿nt to C-R.S. 538-30"172, the undersigned oxecutes thi! Statement of Authority on behalf of POW lnc.a ColoÉdo CorpoEtion (corporâtion, limited l¡abil¡ty company, general partnersh¡p, registered l¡mited llabllity partnershlp, registered limited liability l¡mited pârtnersh¡p, limited partnersh¡p associat¡on, government agency, trust or other), an entity other than an ¡nd¡v¡dual, capable of holding t¡tle to real propeny (the "Entity"), and states as follows: The name ofthe Entity ¡s POW lnc and is formed underthe laws of ColoEdo The malling address for the Entity ¡s 51000 Two R¡vers Plüã Glenwood Spr¡ngs CO 8'1601 The name and/or position of the person author¡zed to execute ¡nstruments conveying, encumbering, or otherwise affectint title to real property on behalf ofthe Entity is Steve Beckley - pres¡denl The l¡m¡tat¡ons upon the authority ofthe person named abwe ortroldingthe'position described above lo bind the Entity are as follows (¡f no limitat¡ons, insert "None"):None Other matters concerning the manner in which the Ent¡ty deals with any interest in real property are (if no other matter, leave this section rxrcurro this f ltÁday of 20JJ_. Signature: Name (printed): Title (¡f any): The STATE OF COUNTY OF of )ss. 20Jament was acknowledged before me this on behalf of Witness my hand and official seal. My commlssion expires (Date)(Notary Public) lsEArl Gørfield County S|NNOC AUVION 3tvlÊ. Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: January 5, 2018 File No. 1712072 Property Address. , Glenwood Springs Listing Agent Plan B Real Estate 281 Centennial Street Glenwood Springs, CO 81601 Attn: Mogli Cooper Email: mogli@planbrealestate.com Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Jessica Reed - jessica@cwtrifle.com Rifle office - 970-625-3300 Denna Conwell - denna@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1712072 1. Effective Date: December 29, 2017 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) TBD Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Glenwood Tramway, LLC, a Colorado limited liability company and POW, Inc, a Colorado corporation 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" TITLE CHARGES Owner's Policy Standard Coverage $250.00 COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 1712072 EXHIBIT "A" Parcel 1: Lot 1 According to the Replat of Two Rivers Plaza recorded December 8, 2004 as Reception No. 664652 in the records of the Clerk and Recorder of Garfield County, Colorado Parcel 2: An undivided one-half interest in Lot 5 According to the Replat of Two Rivers Plaza recorded December 8, 2004 as Reception No. 664652 in the records of the Clerk and Recorder of Garfield County, Colorado Parcel 3: The NW¼SW¼ of Section 3 and Lot 10 of Section 4; in Township 6 South, Range 89 West, 6th Principal Meridian Also, a parcel of land acquired via Quit Claim Deed recorded May 17, 2002 in Book 1355 at Page 840 as Reception No. 603655, more particularly described as follows: Beginning at a point that lies on the western boundary of the SE¼SE¼ of Section 4, Township 6 South, Range 89 West of the 6th Principal Meridian, whence the North ¼ corner of Section 9, Township 6 South, Range 89 West of the 6th Principal Meridian bears South 52°32'49" West a distance of 1,629.31 feet; Thence North 25°00' East 702.09 feet Thence South 65°00' East 300.00 feet Thence South 25°00' West 149.66 feet Thence South 53°30'16" West 628.63 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed via Quit Claim Deed recorded May 17, 2002 in Book 1355 at Page 837 as Reception No. 603654, more particularly described as follows: Beginning at a point that lies on the western boundary of the SE¼SE¼ of Section 4, Township 6 South, Range 89 West of the 6th Principal Meridian, whence the North ¼ corner of Section 9, Township 6 South, Range 89 West of the 6th Principal Meridian bears South 52°32'49" West a distance of 1,629.31 feet; Thence North 53°30'16" East 628.63 feet; Thence South 25°00' West 1,212.64 feet; Thence North 65°00' West 300 feet Thence North 25°00' East 660.21 feet to the Point of Beginning. Parcel 4 All of Lots 5 and 7 Section 4, Township 6 South, Range 89 West of the Sixth Principal Meridian EXCEPT that portion conveyed to the City of Glenwood Springs, via Quit Claim Deed recorded January 6, 1999 in Book 1107 at Page 874 as Reception No. 538340 (continued) Parcel 5: Those rights in and to that certain Easement Interest created by and described in Memorandum of Easement Deed and Agreement recorded August 29, 2002 in Book 1381 at Page 985 as Reception No. 609785, more particularly described as follows: A perpetual non-exclusive easement ("Tramway Easement") over and across the easement area shown in said document, said easement area more particularly described as follows: A 90.00' wide strip of land crossing the Spar Lode Mining Claim (as described in United States Patent recorded April 25 , 1893 in Book 25 at Page 563 as Reception No. 15697 M.S. 4069) and the J.B. Grand Lode Mining Claim (as described in United States Patent recorded November 21, 1892 in Book 25 at Page 426 as Reception No. 14855 M.S. No. 6578), situated in the NE¼NW¼ of Section 9 and in the SE¼SW¼ Section 4, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said Easement being more particularly described as follows: Commencing at the North Quarter Corner of said Section 9, a B.L.M. Aluminum cap in place Thence South 70°07'11" West 449.60 feet to a point on the Southerly boundary line of said Spar Load Claim, the Point of Beginning; Thence North 58°52'25" West along said boundary line a distance of 48.75 feet; Thence leaving said boundary line North 53°44'37" East 431.50 feet to a point on the Easterly boundary line of the J.B. Grant Lode Claim; Thence South 17°00'00" East along said boundary line a distance of 95.34 feet; Thence leaving said boundary line South 53°44'37" West 362.57 feet to a point on the Southerly boundary line of Spar Lode Claim; Thence North 58°52'25" West along the said boundary line a distance of 62.99 feet to the Point of Beginning. Tramway Easements and Leases: Those rights in and to those certain Easement Interests created by and described in Cross Easements and Restriction Agreement recorded July 29, 2002 in Book 1372 at Page 878, Tramway Easement Deed and Restrictive Covenant Agreement recorded July 29, 2002 in Book 1372 at Page 884, Memorandum of Easement Deed and Agreement recorded August 29, 2002 in Book 1381 at Page 973, Memorandum of Lease recorded January 18, 2002 in Book 1322 at Page 396 and Modification recorded August 19, 2002 in Book 1378 at Page 922, First Amended Aerial Tramway Lease Agreement recorded August 16, 2002 in Book 1378 at Page 537, and Lease Agreement recorded August 29, 2002 in Book 1381 at Page 991. File No. 1712072 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1712072 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded February 10, 1892 as Reception No. 13534; July 1, 1893 as Reception No. 16047; November 21, 1892 as Reception No. 14855; February 17, 1896 as Reception No. 19077 and September 20, 1899 as Reception No. 21994. 10. Right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded February 10, 1892 as Reception No. 13534; November 21, 1892 as Reception No. 14855; April 25, 1893 as Reception No. 15696; April 25, 1893 as Reception No. 15697; February 17, 1896 as Reception No. 19077 and September 20, 1899 as Reception No. 21994. 11. Easements, rights of way as disclosed by Warranty Deed recorded May 5, 1937 as Reception No. 127833. 12. Agreement recorded June 18, 1943 as Reception No. 149411 and re-recorded June 25, 1973 as Reception No. 149451. 13. Water Service Agreement recorded September 1, 1958 as Reception No. 202896. 14. Terms and conditions set forth in Deed recorded December 22, 1961 as Reception No. 216073. 15. Permanent Easement recorded June 24, 1974 as Reception No. 263618. 16. Easement recorded December 23, 1969 as Reception No. 245143. 17. Easement recorded March 2, 1970 as Reception No. 245642. 18. Any loss, or damage as result of any variance in acreage resulting from Segregation Plats filed and on record with the Department of the Interior, Bureau of Land Management. 19. Any loss or damage resulting from adverse possession regarding the use and maintenance of Transfer Trail Road, as it crosses the Southwesterly portion of Lot 5, as shown on the Map of Parcel Indexes, prepared by Garfield County Assessor and as shown on the Plat for Oasis Creek Subdivision recorded as Reception No. 304632. 20. License Agreement recorded July 29, 1988 as Reception No. 394152. 21. Reservation of Easement as disclosed by Warranty Deed recorded March 1, 1990 as Reception No. 410323. 22. Memorandum of Building Option and Lease Agreement recorded February 13, 1997 as Reception No. 504576; Notice of Exercise of Option recorded August 21, 1997 as Reception No. 512607; Amended Memorandum of Building Option and Lease Agreement recorded July 25, 2008 as Reception No. 753025 and re-recorded September 2, 2008 as Reception No. 754955. (continued) File No. 1712072 SCHEDULE B - SECTION 2 23. Matters related to the mineral estate as disclosed by Quit Claim Deed recorded August 5, 1998 as Reception No. 529981 and any and all assignments thereof or interests therein. 24. Memorandum of Lease recorded September 17, 1998 as Reception No. 532388, Amended Memorandum of Lease recorded August 16, 1999 as Reception No. 550529, Assignment and Assumption of Lease recorded February 27, 2002 as Reception No. 598053 and July 23, 2009 as Reception No. 771925. 25. Resolution No. 99-09 recorded January 5, 1999 as Reception No. 538287. 26. Two Rivers Subdivision Agreement recorded July 12, 2000 as Reception No. 566197, First Amendment recorded April 12, 2001 as Reception No. 579127, Second Amendment recorded November 26, 2001 as Reception No. 592380 and Third Amendment recorded July 29, 2002 as Reception No. 607810. 27. Memorandum of Lease recorded October 10, 2000 as Reception No. 570536, First Addendum recorded January 25, 2001 as Reception No. 575353. 28. Disbursement Agreement recorded April 12, 2001 as Reception No. 579128. 29. Matters disclosed on the Plat of Two Rivers Plaza recorded April 12, 2001 as Reception No. 579129; the Minor Subdivision of Lot 1, Two Rivers Plaza, recorded July 29, 2002 as Reception No. 607812 and on the Replat of Two Rivers Plaza recorded December 8, 2004 as Reception No. 664652. 30. Utility Easement Agreement and Deed recorded January 9, 2001 as Reception No. 574747. 31. Declaration of Covenants, Conditions, Restrictions, Easements and Reservations for Two Rivers Plaza recorded April 12, 2001 as Reception No. 579130. 32. Agreement for Surface Non-disturbance recorded April 12, 2001 as Reception No. 579135. 33. Corrected Memorandum of Agreement recorded January 7, 2002 as Reception No. 595264. 34. Memorandum of Lease recorded January 18, 2002 as Reception No. 596036, Memorandum of Modification to Lease of Easement and Agreement recorded August 19, 2002 as Reception No. 609163. 35. Memorandum of Agreement recorded February 27, 2002 as Reception No. 598097. 36. Memorandum of Agreement recorded February 27, 2002 as Reception No. 598098. 37. Memorandum of Agreement recorded March 15, 2002 as Reception No. 599168. 38. Resolution No. 2002-46 recorded May 22, 2002 as Reception No. 603812. 39. Easement Deed recorded March 11, 2002 as Reception No. 598704; Correction Easement Deed recorded February 7, 2003 as Reception No. 620360. 40. Easement Deed recorded March 11, 2002 as Reception No. 598705. 41. Easement Deed and Agreement recorded May 17, 2002 as Reception No. 603652. 42. Easement Deed and Agreement recorded May 17, 2002 as Reception No. 603653. 43. Perpetual rights and matters related to the mineral estate as disclosed by Quit Claim Deed and Agreement recorded May 17, 2002 as Reception No. 603654 and any and all assignments thereof or interests therein. 44. Agreement for Assignment of Rights and Assumptions of Obligations recorded July 29, 2002 as Reception No. 607811. 45. Covenant as disclosed by Warranty Deed recorded July 29, 2002 as Reception No. 607813. (continued) File No. 1712072 SCHEDULE B - SECTION 2 (Continued) 46. Matters related to the mineral estate as disclosed by Bargain and Sale Deed recorded July 29, 2002 as Reception No. 607816 and any and all assignments thereof or interests therein. 47. Cross Easement and Restriction Agreement recorded July 29, 2002 as Reception No. 607820. 48. Tramway Easement Deed and Restrictive Covenant Agreement recorded July 29, 2002 as Reception No. 607821. 49. Signage Easement Agreement and Deed recorded July 29, 2002 as Reception No. 607822. 50. Agreement for Surface Non-disturbance recorded July 29, 2002 as Reception No. 607823. 51. Agreement recorded August 9, 2002 as Reception No. 608673. 52. First Amended Aerial Tramway Lease Agreement recorded August 16, 2002 as Reception No. 609066. 53. Memorandum of Easement and Deed Agreement recorded August 29, 2002 as Reception No. 609783. 54. Memorandum of Easement and Deed Agreement recorded August 29, 2002 as Reception No. 609785. 55. Matters related to the mineral estate as disclosed by Bargain and Sale Deed recorded December 16, 2002 as Reception No. 616637 and any and all assignments thereof or interests therein. 56. First Amended Aerial Tramway Lease Agreement recorded January 2, 2003 as Reception No. 617997. 57. Resolution No. 2002-116 recorded January 10, 2003 as Reception No. 618438. 58. Resolution No. 2004-56 recorded July 15, 2004 as Reception No. 655953. 59. Special Use Permit recorded July 15, 2004 as Reception No. 655954. 60. Restated Cross Easement and Restrictions Agreement recorded December 8, 2004 as Reception No. 664682. 61. Restrictions and obligations as contained in Bargain and Sale Deed recorded December 8, 2004 as Reception No. 664684. 62. Moss/Claudon/Chimes Combined Grant of Easement Deed and Rights of Refusal Agreement recorded December 17, 2004 as Reception No. 665389. 63. Chimes/Moss Combined Grant of Easement Deed and Right of Refusal Agreement recorded December 17, 2004 as Reception No. 665390. 64. Agreement recorded April 13, 2005 as Reception No. 672147. 65. Quit Claim Deed of Easement recorded September 8, 2005 as Reception No. 681840. 66. Easement Deed recorded May 30, 2006 as Reception No. 698782. 67. Easement Deed recorded May 30, 2006 as Reception No. 698783. 68. Easement Deed recorded May 30, 2006 as Reception No. 698784. 69. Agreement between Joseph A. Claudon and Glenwood Tramway, LLC recorded October 20, 2006 as Reception No. 709392. 70. Deed of Trust from Glenwood Caverns Inc. and Glenwood Tramway, LLC and POW Inc to the Public Trustee of Garfield County for the use of Community Banks of Colorado, showing an original amount of $6,833,000.00, dated October 20, 2006 and recorded October 25, 2006 as Reception No.709669. 71. Deed of Trust from Glenwood Caverns Inc and Glenwood Tramway, LLC and POW Inc. to the Public Trustee of Garfield County for the use of Community Banks of Colorado, showing an original amount of $300,000.00, dated October 20, 2006 and recorded October 25, 2006 as Reception No.709671. (Continued) File No. 1712072 SCHEDULE B - SECTION 2 (Continued) 72. Financing Statement from Glenwood Caverns Inc and Glenwood Tramway LLC and Goby Energy, Inc and POW Inc., debtor, in favor of Community Banks of Colorado, secured party, recorded November 8, 2006 as Reception No. 710611. 73. Financing Statement from Glenwood Caverns Inc and Glenwood Tramway, LLC and Goby Energy Inc and POW Inc, debtor, in favor of Community Banks of Colorado, secured party, recorded November 13, 2006 as Reception No. 710976. 74. Memorandum of Termination of Sublease recorded February 1, 2007 as Reception No. 716474. 75. Special Use Permit for POW, Inc. recorded August 8, 2007 as Reception No. 730277, First Amendment recorded March 27, 2009 as Reception No. 765339. 76. Resolution No. 2007-67 recorded August 8, 2007 as Reception No. 730278. 77. Special Use Permit for POW Inc. recorded August 8, 2007 as Reception No. 730279. 78. Utility Easement recorded October 10, 2007 as Reception No. 734951. 79. Subordination, Consent, Non-disturbance and Attornment Agreement recorded July 25, 2006 as Reception No. 753026. 80. Land Use Change Permit recorded July 16, 2010 as Reception No. 788658, March 13, 2012 as Reception No. 815781 and Amended Land Use Change Permit recorded September 9, 2013 as Reception No. 840408. 81. Financing Statement from Glenwood Tramway, LLC and Goby Energy Inc and POW Inc. , debtor, in favor of Community Banks of Colorado, secured party, recorded January 27, 2012 as Reception No. 813829. 82. Resolution No. 2012-15 recorded March 13, 2012 as Reception No. 815780. 83. Financing Statement from Federal Deposit Insurance Corporation, debtor, in favor of Community Banks of Colorado, secured party, recorded September 10, 2012 as Reception No. 823919. 84. Financing Statement from Federal Deposit Insurance Corporation, debtor, in favor of Community Banks of Colorado, secured party, recorded September 10, 2012 as Reception No. 823923. 85. All matters disclosed on the Improvement Location Certificate prepared by Tuttle Surveying Services as Job No. 51000 Two Rivers Plaza Drive. 86. Deed of Trust from Glenwood Tramway, LLC, a Colorado limited liability company and POW, Inc, a Colorado corporation to the Public Trustee of Garfield County for the use of Community Banks of Colorado, a division of NBH Bank, N.A., showing an original amount of $8,074,195.00, dated November 18, 2014 and recorded November 19, 2014 as Reception No.856197. 87. Financing Statement from Glenwood Tramway, LLC, debtor, in favor of Community Banks of Colorado, secured party, recorded November 19, 2014 as Reception No. 856199. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: •Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.