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HomeMy WebLinkAbout1.01 Appendix A - Application Forms1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2179-083-00-103 PRE-APP DATE: 9/10/2019 PROJECT: Rifle Gravel Pit #1 OWNER: Scott Contracting Inc. REPRESENTATIVE: Angie Fowler and Jenna Friesen, SGM PRACTICAL LOCATION: Address TBD, approximately 1 mile northeast of Rifle Airport ZONING: Rural TYPE OF APPLICATION: Major Impact – Extraction, Gravel I. GENERAL PROJECT DESCRIPTION The Applicant is seeking a Land Use Change Permit for a commercial gravel pit to be located on a 57.9-acre parcel just north of Interstate 70, approximately 1 mile northeast of the Rifle Airport. As represented by the Applicant, the site has approximately 3 million tons of minable material that will be extracted in four phases over five to seven years. Various types of heavy equipment will be utilized for the mining and dewatering activities as well as the use of a work trailer, screening and wash equipment and seeding and mulching equipment for reclamation operations. Three to five employees will be present on the site depending on the phase. Access to the property is via I-70 frontage road. The Applicant has indicated that waivers may be requested from the Water Supply and Distribution Plan, Wastewater Treatment Plan, Traffic Study and 100-foot industrial setback standard. Accompanying explanations as to why the waivers are warranted must be included with the application. Depending on the application submittals, Staff may not be supportive of waiver requests. II. COMPREHENSIVE PLAN The property is designated in the County Comprehensive Plan as within the Residential Medium High Density (2 to <6 acres per dwelling unit) and New Castle Urban Growth Area. 2 III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan, 2030 • Garfield County Land Use and Development Code, as amended • Section 4-101 – Common Review Procedures • Section 4-105 – Major Impact Review • Section 4-203 – Submittal Requirements • Applicable Provisions from Article 7, Standards (Article 7, Divisions 1-3, Section 7-1001 Industrial Use and Section 7-1002 Gravel Extraction) IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203. Outlined below is a list of information typically required for this type of application. • 4-203.B. General Application Materials o Completed Application Form o Completed Payment Agreement Form and application fees o Proof of Ownership (title work, copy of the deed) o If owner intends to have a representative, a letter of authorization to represent is needed (a statement of authority form will also be required). o Names and mailing addresses of properties within 200 ft. of the subject property. o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorders database and/or Assessors database, form and memo attached). o A narrative describing the request and related information. o Copy of this pre-application summary • 7-203.C. A Vicinity map within a radius of approximately 3 miles • 4-203.D. Site Plan • 4-203-.E. Grading and Drainage Plan • 4.203.F. Landscaping Plan o Note: Industrial uses are exempt from landscaping standards. A waiver may be requested from this submittal requirement. • 4-203.G. Impact Analysis • 4-203. J, K. Development Agreement / Improvements Agreement o Note: Waivers may be requested from these requirements if there are no vesting issues and no public improvements. • 4-203. L. Traffic Study – Basic Traffic Study will be required. • 4-203.M. Water Supply/Distribution Plan o Note: If there are no employees proposed on-site, the applicant may not be required to provide a permanent source or water. Otherwise, the Applicant will need to demonstrate that there is a legal and adequate water supply for all uses it is serving. The applicant should complete an analysis of total anticipated employees’ time on the site. Waivers may be requested from applicable code provisions regarding Water 3 and Wastewater provisions, however the applicant should note that depending on the application submittal, Staff may not be supportive of a Waiver request. • 4-203.N. Wastewater Treatment Plan o Note: If there are no employees proposed on-site, the applicant may not be required to provide a wastewater/bathroom facility. The applicant should provide justification if a facility is not proposed. Otherwise, the applicant will need to demonstrate that the septic is legal and adequate for all uses it is serving. The applicant should complete an analysis of total anticipated employees’ time on the site. Waivers may be requested from applicable code provisions regarding Water and Wastewater provisions, however the applicant should note that depending on the application submittal, Staff may not be supportive of a Waiver request. • Respond to Standards fully described in Article 7, Divisions 1, 2 and 3 as applicable • Respond to Standards fully described in Section 7-1001 Industrial Use and Section 7-1002 Gravel Extraction with inclusion of required reports/plans (water quantity/quality, air quality, noise/vibration, visual mitigation, reclamation, etc.) • A Floodplain Development Permit pursuant to Section 4-203.O will be required as a Condition of Approval prior to issuance of the permit, if granted. Submit three paper copies and one digital for applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: __ None (Director’s Decision) _X Planning Commission _X Board of County Commissioners __ Board of Adjustment c. Referral Agencies: May include Colorado Department of Transportation, Fire Protection District, Garfield County Designated Engineer, Garfield County Environmental Health, Mined Land Reclamation Board, Garfield County Vegetation Management, Colorado Parks and Wildlife, Division of Water Resources and others. 4 VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 525.00 b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees c. Total Deposit: $ 525.00 (additional hours are billed at $40.50 /hour General Application Processing The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public). Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: September 19, 2019 ___________________________________________ ____________________ Claire Dalby, Planner Date 5 Num SILT & 80112 6/18/2020 Garfield County Land Explorer Garfield County Land Explorer Parcel Physical Address Owner Account Mailing Address 217907100292 Not available SILT ISLAND PARK LLC R024363 2311 MEADOWLARK LANE GLENWOOD SPRINGS, CO 81601 217908100527 Not available SILT SHIDELEROSA LLLP R230963 1411 COUNTY ROAD 316 SILT, CO 81652 217908200101 6073 346 COUNTY RD COLORADO RIVER RANCH, LLC R023384 10 MUSTANG DRIVE NEW CASTLE, CO 81647 217908300102 Not available SILT REX ROBINSON RANCH LLC R023138 5473 N CRESCENT RIDGE DRIVE TUCSON, AZ 85718 217908300103 Not available SILT SCOTT CONTRACTING INC R023405 9200 E MINERAL AVENUE #400 CENTENNIAL, CO ROW Not available null 1/1 Account Number R023405 Certificate Number 2019-00660 Parcel 217908300103 Acres 57.90 Order Number ABS63013676 Assessed To Vendor ID 4 MALONE RANCH, LLC & R&B RANCH, LLC 104 CAMPBELL LOOP HATTISBURG, MS 39401 Land Title 1317 Grand Ave #200 Glenwood Springs, CO 81601 Legal Description Situs Address Section: 8 Township: 6 Range: 92 PT OF SWSW(15.77AC), PT OF SESW(35.82AC), SEC. 17 PT OF N1/2NENW & E 248' OF N1/2NWNW(6.31AC Year Tax Interest Fees Payments Balance Tax Charge 2018 $129.52 $0.00 $0.00 ($129.52)$0.00 Total Tax Charge $0.00 Grand Total Due as of 04/18/2019 $0.00 Tax Billed at 2018 Rates for Tax Area 023 - 2HD-SF - 023 Authority Mill Levy Amount GARFIELD COUNTY 13.6550000 $27.31 COLORADO RIVER FIRE PROTECT 6.4590000 $12.92 COLO RIVER WATER CONS 0.2560000 $0.51 WEST DIVIDE WATER CON 0.0370000*$0.07 GRAND RIVER HOSPITAL 9.9450000*$19.90 SCHOOL DISTRICT RE-2 29.3300000 $58.67 COLORADO MTN COLLEGE 3.9970000 $8.00 GARFIELD COUNTY PUBLIC LIBR 1.0720000 $2.14 Taxes Billed 2018 64.7510000 $129.52 * Credit Levy Values Actual Assessed MEADOW HAY LAND -AGRICLTRL $6,900 $2,000 Total $6,900 $2,000 All Tax Lien Sale amounts are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees. Changes may occur and the Treasurer's Office will need to be contacted prior to remittance after September 1, 2019. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or the County Assessor. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. GARFIELD COUNTY TREASURER Certificate of Taxes Due Apr 18, 2019 9:41:01 AM Page 1 of 1 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABS63013676-2 Date: 06/20/2019 Property Address:MALONE RANCH, SILT, CO 81650 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closer's Assistant For Title Assistance Leigh Renfro 102 S TEJON #760 COLORADO SPRINGS, CO 80903 (719) 572-7894 (Work) (303) 393-4774 (Work Fax) lrenfro@ltgc.com Company License: CO44565 Amy Aarons 102 S TEJON #760 COLORADO SPRINGS, CO 80903 (719) 386-0544 (Work) (877) 334-2015 (Work Fax) aaarons@ltgc.com Company License: CO44565 Nicole Hall 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4189 (Work) nhall@ltgc.com Buyer/Borrower SCOTT CONTRACTING, INC. Attention: LON SCHUMACHER 9200 E. MINERAL AVE., #400 CENTENNIAL, CO 80112 (303) 279-0900 (Work) lschumacher@scottcontracting.com Delivered via: Electronic Mail Seller/Owner MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY Attention: SIDNEY MALONE 104 CAMPBELL LOOP ROAD HATTIESBURG, MS 39401 (601) 408-9726 (Work) maloneranch@gmail.com Delivered via: Electronic Mail Seller/Owner R&B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY Attention: ROBERT MCCONNELL 424 TURNBERRY COURT OXFORD, MS 38655 (601) 631-1067 (Work) bobbyjo03@hotmail.com Delivered via: Electronic Mail Attorney for Seller HOFFMAN NIES DAVE & MEYER Attention: MARK A MEYER 5350 S ROSLYN ST #100 GREENWOOD VILLAGE, CO 80111 (303) 860-7140 (Work) (303) 623-9222 (Work Fax) (720) 390-3458 (Other) mmeyer@hn-colaw.com Land Title Guarantee Company Estimate of Title Fees Order Number:ABS63013676-2 Date: 06/20/2019 Property Address:MALONE RANCH, SILT, CO 81650 Parties:SCOTT CONTRACTING, INC. A COLORADO CORPORATION MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY AND R & B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA" Owner's Policy 06-17-06 $4,844.00 Deletion of Standard Exception(s)$100.00 Tax Certificate $26.00 Total $4,970.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 06/03/2009 under reception no. 769092 Property Address: MALONE RANCH, SILT, CO 81650 1.Effective Date: 05/31/2019 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: SCOTT CONTRACTING, INC. A COLORADO CORPORATION $2,700,000.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY AND R & B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M.,​ SECTION 8: S1/2 SW 1/4​ SECTION 17: NE 1/4 NW 1/4 AND NW 1/4 NW 1/4​ LESS AND EXCEPTING THE FOLLOWING TRACTS OF LAND PREVIOUSLY CONVEYED AND RECORDED:​ 1. A TRACT OF LAND LOCATED IN THE SW 1/4 SW 1/4 SECTION 8, AND THE NW1/4 NW 1/4 SECTION 17, CONVEYED BY GEORGE YULE BY WARRANTY DEED RECORDED APRIL 17, 1893 IN BOOK 32 AT PAGE 425.​ 2. A TRACT OF LAND LYING IN THE SE CORNER OF THE NE 1/4 NW 1/4 OF SECTION 17 AS GRANTED TO SCHOOL DISTRICT 27 OF GARFIELD COUNTY BY WARRANTY DEED DATED OCTOBER 10, 1891, RECORDED OCTOBER 12, 1891 IN BOOK 25 AT PAGE 188.​ 3. A TRACT OF LAND LYING IN THE SE 1/4 SW 1/4 SECTION 8, AND N 1/2 NW 1/4 SECTION 17 COMPRISING INTERSTATE HIGHWAY 70 R.O.W., INCLUDING:​ THAT PART OF THE N 1/2 NW 1/4 SECTION 17 CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, STATE OF COLORADO AND STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO BY COURT ORDER RECORDED FEBRUARY 24, 1977 IN BOOK 493 AT PAGE 768.​ 4. THAT PORTION OF THE NE1/4NW1/4 AND NW1/4NW1/4 OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 92 WEST, SITUATE SOUTHERLY OF THE INTERSTATE HIGHWAY 70 RIGHT OF WAY, AS CONVEYED TO JACQUE COUEY BURRIS BY SPECIAL WARRANTY DEED RECORDED OCTOBER 4, 1991 IN BOOK 814 AT PAGE 812.​ COUNTY OF GARFIELD,​ ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63013676-2 Copyright 2006-2019 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63013676-2 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS63013676-2 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. 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. 1.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT ALTA/NSPS LAND TITLE SURVEY OF SUBJECT PROPERTY. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID ALTA/NSPS LAND TITLE SURVEY. SAID SURVEY MUST BE CERTIFIED TO LAND TITLE GUARANTEE COMPANY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY. 2.A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED DECEMBER 28, 2015 AT RECEPTION NO. 871810 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES SIDNEY E. MALONE AND ANN RICHELLE MALONE AS THE MANAGERS AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 4.A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR R & B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 5.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR R & B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED AUGUST 11, 2016 AT RECEPTION NO. 880935 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES ROBERT MCCONNELL AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 6.(THIS ITEM WAS INTENTIONALLY DELETED) 7.(THIS ITEM WAS INTENTIONALLY DELETED) 8.GENERAL WARRANTY DEED FROM MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY AND R & B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY TO SCOTT CONTRACTING, INC. A COLORADO CORPORATION CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. ITEMS 1-3 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED ALTA/NSPS LAND TITLE SURVEY. MATTERS DISCLOSED BY SAID ALTA/NSPS LAND TITLE SURVEY MAY BE ADDED TO SCHEDULE B, PART II HEREOF. B. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM 4 OF THE PRE-PRINTED EXCEPTIONS, WILL BE AMENDED TO READ: ITEM 4 OF THE PRE-PRINTED EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY AND R & B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF SCOTT CONTRACTING, INC. A COLORADO CORPORATION. C. ITEM 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. D. UPON PROOF OF PAYMENT OF 2018 TAXES AND ASSESSMENTS, ITEM 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2019 AND SUBSEQUENT YEARS. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS63013676-2 All of the following Requirements must be met: This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES, IF ANY. 9.ANY AND ALL RIGHTS OF A DITCH COMPANY RELATING TO THE UNNAMED DITCHES TRAVERSING SUBJECT PROPERTY, INCLUDING BUT NOT LIMITED TO DITCH MAINTENANCE AND ACCESS RIGHTS TO LANDS ADJOINING THE DITCH OR CANAL. 10.NOTWITHSTANDING THE INSURING CLAUSES OF THE POLICY, THE COMPANY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF A LACK OF A RIGHT OF PHYSICAL ACCESS TO AND FROM THE LAND. 11.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, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 05, 1906 IN BOOK 56 AT PAGE 537. 12.RESERVATION OF ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS EVIDENCED IN INSTRUMENT RECORDED MARCH 27, 1972 IN BOOK 428 AT PAGE 459, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63013676-2 13.ALL OIL, GAS, HYDROCARBONS AND OTHER MINERALS, TOGETHER WITH SO MUCH OF THE SURFACE AS MAY BE NECESSARY FOR THE CONVENIENT MINING OR EXTRACTION OF SAME, AND TOGETHER, FURTHER, THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSES OF PROSPECTING FOR, DEVELOPING AND PRODUCING SAME, AS RESERVED IN INSTRUMENTS RECORDED FEBRUARY 13, 1973 IN BOOK 440 AT PAGE 469, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 14.NO RIGHT OR RIGHTS OF ACCESS TO AND FROM THE HIGHWAY AS EVIDENCED IN RULE AND ORDER RECORDED FEBRUARY 24, 1977 IN BOOK 493 AT PAGE 768. 15.OIL AND GAS LEASE RECORDED NOVEMBER 02, 1982, IN BOOK 612 AT PAGE 973, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 16.RESERVATION OF ALL OIL SHALE, KEROGEN, SHALE OIL, COAL, OIL, GAS, FISSIONABLE MATERIAL AN ALL OTHER MINERALS OF ANY KIND OR NATURE AS EVIDENCED BY SPECIAL WARRANTY DEED RECORDED NOVEMBER 03, 1989 IN BOOK 766 AT PAGE 317, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 17.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN WATER WELL SHARING AGREEMENT RECORDED JUNE 05, 2009 UNDER RECEPTION NO. 769089. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63013676-2 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 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, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company 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. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) 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. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey, President Rande Yeager, Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) -~~ .. " c, ,:,'( ·' ,· I I -.'::,_ ·~: · ·· 2eco~.,~~~:?.::.;~Z:.·::J.1.:Cc:J.;.~'.~~M'~ft~?~~1~~~~ii.;~:,y4-28f,/?. .. .,... . _ ..... . ..... -:_. .. _.,,.,., .. ;-,.,. ~ ..... •.-1ii:·"",~~t.-·'.'1-..P-."'·~r~·;~.age .. Ji.59.,. ... · ·:' : :. ·.-: "~~~ No~:Z.~2i:~~:. ·~·~~~~~~!~:~~~~~ :,,•:?'~~ •·:.!;-: .. " ~.· ~ ~. .~~-~;::~-~~:~~$t~~ · . . · S'~'Y.S',t I~c.,.a_Colorado-_~orroration ..... ·- . of th;' _ ' -~': >~~·:" ·. -, · ... '..'-~~~of . Gertt~ld .·.C and State of Colorado, of the tlrat.p&rt, and , •.... J. GENTRY and ANN r. GENTRY · . "{. · .. ·· of th,. County of Rio BIAnOo . and State of Colorado, of the aeeond part: . . 2'.::.:i:-.'::~.·· _::· _-:c . :. ~ \ :~~F: :A;:._:'.,:~··;r.~~ t~:~, · '~ ~-~!!l~:,~,l:!:~ ~ ,. . ' -· , MAR '.2'7J912· ~,. \£·:yji!~t;~)::-· ' . WrrNE.<;SETR, That the Aid parq of the first part~ for a~d fo eonalderitlon.oithe 1wn of One Hundred a.:-d S~venty-tive 'l'ho\lsand and no/lOOths-.--• o. -· .< .. -• .DOLLARS,, .to Liat aa1d part7: of the first parHn hand paid by the said partl~·ol the~ part, the ree.-lpt.~ereoi II· I hereby eonf1111ed a.nd acknowledpct, ha s rranted, barralned, sold and .eoit"Jed, and b)' thea6 pre1enta does· .· rrant. barraln, .ell, cilnvey and conflnn unto the said.parties of the aeeond 111rt. their h.i ... ~"" ,.•!~ !orevet • ...,1. In tenancy ln·common but. 111 J'>lnt toniuau1, ••i the tollowlnir dwerlbed lots o~ parcel e, of land, situate, l)'lnr and beinc .•n the County of . . Garfield:· and State. of Colorado, to-wit: Tn• sE•NWi., the SW1iNH1-, the Mti.\ISEIJr:. and tb• u•sw~, of sees. 17, 'l'Vp. 6 s, ftange 92 w of the 6th P.H., contaiAJ.n9 161> •oraa, more · or lua, ·alao th• Wl,NWli and the· HW~SffJs of sec. 17 end the NElrAS'w of Sec. 18, all· in 'l.'Wp. 7 s,. Range 92 w of the. 6th P .M., containing 160 acrea, 1110re or l•HI •l•o the SW!iSN'i of Sec;. 16, the ElsSB1-of Sec. 17, the NIJSEliand the 6'sNEla of Sac.; ZO, all.!Q 1.l'Wp. 6 8, ·1'an9e 92 w of the 6th P.K., containing',all~280 acraa, more or lff•1 . also the SElcSH1a and th• sw .. sw>i of Sec. a, and th• N~Nh"I( and the ~ir:a.Nwi. of iec.; 17, all in Twp.· 6 s, ·Range 92 W of the 6th 1'.M. ~ excepting ther•from that certain.paroel.horetOfon conwyed out to George Yule by that certain Warranty Deed appearing of record in . the office of the County Clez:k and Recorder of. Garfiel4 county~ ·col.oraClo, i.n Book 32 •~.Page 42!,'referenee to Which.1• hereby made, eatcl excepted.parc.loontaill1.n9 ab0ut 56-3/4 acna, more or leH7 the·parcel being hereby aonwyed oontainin9 about. 103•1/4 acre•, 11Cre or leH 1 also any and all clitch and ditch right.a, wat:er and wat:er.rJ.9ht• uaed upon, in; or in connect.ion viththe above d••cribe lancl, inclwlin9, but witnol.lt U.ldtation on th•· generality of tlw foregoing, all ri9ht, t1Ue an4 interelit in an4 to an Wldivided 4533 ahu:ea of the capital litock of TM New Multa Trina Ditch COJIP&D a Colorado Mutual Oitcb Corporation, anc:! all right,. title and int:ere• in and to ~533 eharH of all .water adjudicated to the aforeiaaid 'l'he' Nev Multa 'l'rina Ditch, being a total aa ehown by tb• records in and . fOr Garfield.County of 69.67 cubic feet of water per eeaond of time, with certain auxilliary righU of 9 cubic feet of water per eecond of t1Jne1 there being pre•antly iHuud and outatand1n9 a total of lS,912 •hare• of the capital •tock of the eaid The New MUl.ta Trina Ditch Company. Sai4 ~ater and .ditch ri9hte 1ncl~d9, without limi- tation upon the generality, 3.76 cubic feot of water per aecond of ti• trolll tho Colorado River; aaid water being adjuclicated to the Rieing son Ditch, together with the right• in aaid JU.ein9 son Ditch, having priority No. l6 and priority 110. u,. aaiil ditch being t:o. U in the Decrees of tbv Dbtrict Court in and for Water District ~o. C51 also the SW"aNE~ of Sec. 20, Twp. 6 s, Range w o · t e 6tn • ·• ,--· containing 40 acres, more or less; ·also the SW~SE!..i and the ~ SF'lrSW\: nf c::....... , .. ""n '""·:· ""'l.,'TT"I. ·~~ ..... ,.,,, •••. ;_..-.. . ~ ~cc. 20 I all i in 'l'wp. 6 s, R.'lngc 9.2 w of the .6th P .M., contair.inq 160 acres, I more or lecc: <11:.o the SL!zSE~• of Sec. 181 Lot 2, ancl t1'1e NlsNEl:t and the SWlaNE't of Sec. 19, and the NW'tNW~ of Sec. 20, all in Twp. 6 = s;· Range 92·W.of the 6th P.M., containing 248.48 acres, more or less: also the SE:l:NW" of Sec. 20, .Twp. 6 S, Range 92 W of the 6th P.M., I containing 40 acres., more or less; · · · . : T<'GETDEii. with all and al"ri;lar •hft he~litllm~nte aild ~ppurtenancu .thweunto wlonsi111r, or In an)'Wlae !I -. II · •'PP~rtalni11ir. and tbe rtnnlon ind nv "raiOna; remainder 'and. nmalildera, re11ta, lnuq ·and pronta thereof: 11.,d ;j all th'!' eemte,.rlght, tltl~, lntereat, claim and demand :whatsoevu of the aafll pan of the tint part, -.ither ht !I j law or equity, of, In and to the above bargalne-J preniliies~·wlth thP h~redltament.• :ind ap;>urt,.1,11 n~""· 1. _ !I 11 -~ ., !j .rio. i69.. WARft.Ar-rTY l'EBP-To .J.S•t y.,..,. .. ->-..... ~'--· . .. ~ -• ·;:!f...•• !t•~t ~ .. ,...,... ~ .. -. ~··k-?"t.~ -· __ ;_. ---~-.... ---~ .. · .. \:_~ ... ~!·~~<tA-~1::-t_1,._~::~-.f'-~~ ··-- ,.l ~~.i-.. i~~;i.:-;~~~,I~~:~;~~il&iil \' .... ·.;,;-.~ <-" TO llA!E~~~TO HOLD the.~ pNllll-_U-barcai~,~an~1~~bed,_willl}IM._:.a~·~~·~-:£!t:~'.i:~~+­ ~ :;. :. "!_,;, wd partlta._of,&&e Meolw!Nifi thrcr·~and aaaicna-t .. ...,er.:AM_tht.;.lald pan 1· .. of·th•~tlntip•rt> .. for " o "'"~ '!~lt ~:.; • · ~ ··' :·--itwt;";8u.cc_.,~ l.,,,,1°1'.,1.~~"1.i.......w-..e .. do;ee '.COYe1111~·crut. ''*'lslil":alld 'acne'to. "'' ~11 i01il""~~1r ··: . •n•t' WIU.,ibe &&1a··part1 ... of tlie M'eODCi p&ri, thtlr.htln.and uafsnl, that at t1te ttm. ot u..-..uii« Ud.,.,"-7 : ~ ?T:-/., · f. -~ . . of tMae preaent.,' it is ': -.·!W.11 ae!nd ot"th• premi...,~.bo.e ~yqlid. u ot.eooa. 'An; ~tel; absOlute -:·.,. =--~ '!J!ijl' .f. · and lndofeuible eltatti of ,lnl\erttir.I!.~ iii law; in,. let ilmplc, 'and ha.:·s.-' ·,·~ rlcbc_ t.:!l.~ -¥-~~al _iavth~tJ . -' ~,.· ~~} ">. 1 -· ~to'""•nt,barpln,111landcoll\'eyd1uamol11111&nntrandtormaforeeald,_'andthattlitl&IH&!'l·~!'":and_cltar:fmD~ ' -· .. --; .. '.,. ' .ionnor aM other arrant., barpll111, 1al11,.llen1,.W1til, •..O.-nienb and rneiimbraneet' of wlll.tntt kind' or nature, . .. .. ' . 'l . _. 1oever, 't)l'Cl!<ptin& Ani!i r'~llrVing to ~; • .., ,,.:;. •• , . .:.:.=.,-.:-.:::~:-:;~ra .And. Ueigne ~ft-Undivided one• : • · llalt int,.r.,et in 1111d to l\ll oil, gu 1111d other miMrnla exiating in coMitctioh "'ith the.aboYe.de ... ·• 1 · cribed lands; 11nd subject to· llll :reserv'ations and other· rights reserved· in .thii)r~s •. Patehte~ .. : ·_ 11 1 covering the ·atoreso.id landa; nr.d subject .to existing _rights-of-wo.y. and :eaaementa for dtt.chea,·, ~-.,, ?. telephone· lines and pover lines' and other utilities which ma)' ,apj)ear. of record· or: be,· diS<"onr- able from a ph;raic!!.l· inspection or ~he property; and subjec:t ~o .and. excepting· l •.nds deac: ibed.'.' ,;,· h1 th .. 1: e'!'rt"in ll>.nd purchase cor.tr:i.ct betwe'n the tJni'tcd ·states-anit·Seller.;--:-e:orded in · · · .. 38.r!'ield'.Count;r; Colorado on February 3, 196? under R"ceptionNo. 2:5?01,5in 'bOolt.Y..<·at.Pageii. :,:·;·· ; NW1oored ·68 to ?5 1 both inclusive, and parcel described in Book :57? at' Ptlge~ 178 aa Recept.ion . No. 2:58429-sllid lnnds ·bei.ng no'meti.mes r'i'err:-ed to as the -RU14!' Sub~+...':fon ·u.t! :.i;ti•·~eh ... J:"'ne1i-· and subj~tu.!~i.o°:n.:~.~~;-:.: •• r;rn ~~~~1.l'!~:~~.:l. w.~~.::i~ 3-~b!l'dq;::i!. ~1'.·~ p8n, tla.ir .. ·. .. · . beln and aaalgna, aialnat all and eve17 penon or penona lawt111l7 clalmlnr or to el&im the wbole or •lit part thinot, · the .Nld~Y..:·\\~.ot the tint part shall and wilt WARRANT ANu • v.REVER Ul!:FEND. . . . -)1J·~fi1Ii>~ W~:!:P.EOF, t!io aald part Y ot the first part ha8 beroanto 1-.t its hand end . ·..-.r ;.· -t.'le .,. ,aM·jur flntaboTe wiitten. · . · · .· ~:3{~~~J_ >(2~ . . . . . . s~~s·, I~c. . . . . -A~~·~~~~lnthe~enceof ·1--~~~~~:· , ·; ~~~:-::·-~=:= . • ··-·-··--· • ..: ... -· ---·-·-·-· .. ··--~·:·•ooooooooOOOO••oo•••CSEAL] STAll. OF c:or.ORAIJO, } .. . . ''''"'""'''"'' . as. -. . . . . ,,···~ 'r\~Y~1,?.',,,;·~t:v or C".nrneld /\~::·-Th:···~ ~~ment wae aeknowledcecl before me thla Jd .::Jr.,/ . day of March · . f · "~i"A1'1}tiXuril:e Sw"eny and Mnr~aret Sweeny as President and Secretary, or SveenJ'D', :nc.i a! iDtl a; · kjc Di"uc Corporr.tion. .x;m!XXX • WltneHm;rhandandotflelalaeal. · · ':;_ . .., .. ~ .. P !}1J £,o/Mi,i.se~n npi-:"ea / -5' -7 -P- I I I I il \;t;°;.·············~~~/~ 7 0/ 0 . '•.,,~OF co'·,,.-''' .. UC'J-A ... ~#~ .... ·-····-· .... ''"""""""'' 'C71 __ .. L_ N_., "'""'° • 'I ii ! . !\ '11, ~ :1 i:.:s;i I d~ i' II ..: r I~~ ;1 II ::---; ,.: ;l~i l! :H =t! ii ii~ !: !t ?-. I' '! 1 ... .Reception N<> •.... ?..5.~.5..-..... .... . ........... _ ... Ell.a .. step.bena_. ···-····~· J. GENTRY and ANN F. GENTRY County of Garfield • S&lte of Colorado ; for t1re' coillri~ of T~n Dollars and other valuable consideration ..-.... in hand paid, ltereby seft(s) ml convey(sJ to' J. COOKE WILSON, JR. --· a -F!I -'13 ~A~u~ • Garfield ~of , ad St.lte of Cafota:do the totiowmt re.I~ in tiie County of Garfield , and~ of Caiondo-, to Wit: T:1c $outncil:.t nuar~:<:r'T.-f the Notf.nwcst QUartet (S&'.tir1f.~); the Sou:.hwe:;t. c:ti«rtcr <>f the Uc,·tttwt:ast OOarter Csttl.fNE!.O' thP Northwr:;t C)Uartc.t a! th11 SoUth.-::ast Oilartet fir..tl;s&i~j; 11r.d 1 n" }:or.thcast. 1 ;uart.ct of thf! Sc;tJtft*est 00•1rtct •flti~j; o: !iPcl:i:•fl' !kv nt.e~tl' <11); •rd'fliriship .SH (&J .tdlJifl; Ma~ Mine~ (<);!) ~·:c::;t. o! the Gth rr.lN<:i.r.:ii Ketidian; edtitiiliii~ l&O llCHI, tnorC? or tr:;:;; •1l:;o thi:? West lialf of t:h~ Northwiilt ou.1tter (HJft;;,~) and ti1C ?hrthW'1St O\.l<(rtcr Of the-SOUf:.tntest ~iitt~f (N'di.;Stl1'1) ot :;ecti, r. .:;r.vent.C?ett (l'IJ and tHi iiOtttteMt ael•ttt!t of the sotlWMt .;uattcr <tu~:is&1;) of Sec Hon Ei<lhtf"k (isj; ail. .tk fdlfflj)jfp .::even < 11 south~ ;tun1 1e Niliety,,.twt:J ( <121 'I/eat t:Jf ttie Ith l'rincifHli Mctidi.,n, contttinititJ 16'0 1.1ete•1 llibtf! C'lt iC11sai1 nlGo the ~dtithwcat. ouad:et nf tke sout.kwe•t Q'ilartP.r ts·~ s~1.> of !lccticn. :axteetl ( HH; tile l::tllst lliil tJf tHf! St:Jiittlt!ist tii141Hc:f -~ sr.1.; of snctinn !.ievMf:ccti Ci 11; tHe lfattfl 14111 tJf ttlfll seliltHlat- auartrr <N11:;r..1~> arid the: t:ad: fiaU tJf. ttiij fi6Hf:iedl titadtitf . <El1tli:;l.1) of Sectioil T~otfty (2.dJ' eiH iii ltbirHlihJ.J;l si:ll (ej South~ ~ R<1tiqb. Nitiet)'•two (~2> W~;3f; of t:H• ftfl l-Hiiiij)ai fillidialij cdlltdiP iti a11 180 acres4 ~ritb t:Jt ias3t .J~~r~11.~!!~Ul.UN.\~ 111\t, w .. me. fdtijti w deed of trust to the ~tibiic trustee df Gar£ie1d totitity fat .tti!tise of Sweeney, 1nc •• to setute $123i290joo, tecbfded ~6ok 428, page 4611 contintie on exhibit A attached hereto. 30th J:·r~~~::::::: r· Eldfibit A Boak 440 Page 470 ulso the 5ot•thcc:.:;t: !iUilr.'t.er of the s~uthwest Ouarter (Sc;!4S~J?.;) ctnd the 5outhuc::t cuartcr of the Snuthwcst otiarte'C' (,!;":~;S~) ot ~cction ~ight (8); and the Nortnwest QUarter ~f the Northwest <;u<Jrter ( N'...i':;W1/!.i) and the Northeast OUarter of the North- we:;t nu.1rter CN&'1.N"r/!~) Of 5ec:tion Se-tenteen U7); all in Township Sh: (6) 5o1Jth1 Ranc_le Hinety .. tvo (92)__...re·st_Of. the-6th Prine). pal ~eridj <1'11; exccptin9 ther•frOM that cert<iin parcel here- tofore comreyed out to George Yule ?if that certain "1arranty Deed appearing of record in th• office of th_e Cwrtty Clerk and Recorder of Garfield County; Colorctdo in.DdOk 32 at Page 425, reference to which is h~rebY made; said excepted parce1 containing aboUt 56 and 3/4ths acres; more or less; the parcel JMiing hereby comreyed containing o'bout l03 anCI l/'lth acres; llldte dr less; also an? dhd all ditch ilncl ditch rir:hts; water and water ri<Jhts u~ed upon, in, or in connection with the a'bo<t'e de•c~ibed land, includinq;.btlt without limitation on the qetier~itY of the·tarcgoing; all rigtit; tit1• at'ld interest in and to an Undi~ided 4533 shites c. of. thP. Ciipiti:I: stdCk df 'lh•-JiW Hulta Trina DHc:ii Cdilpmtyj • Colorlieki Muttlal D1t4111 corporation~ ..m ai1 i'ight, tHie aild interat in ancl to t.'DJ :;.iM·r::; o~ ·lll w•ncr. ndjtidH:ntr.d td the at·nres.:itd •rac New · ·· ------- :'.•;l1.<l '1'r.i.n<1 n; t.Chj iJ•?in•; <I totlll <1:; r.hotm by the records in .. nc! .'or r; .. ::-;.i1:ld Cc>uril:y r1f C•fJ•(·1 cubic fe1?t rif wlltcr per ar.cr.nd o: t.:;·,.., w?.:i cC!r.tair. nuidll.i.nry r~-hts r:;f tj c:t:bic fcfior Willer •wr· ::r•cM1•i ,,f b !'let th~rl? b('inrr pr.e1;ently .l1Jstiecl ctncl outot.indin'J ;:-. tot ;;l "i ~!>;<Jl~ ::11ar.cr. t'C tlit! Cflpltt.11 atdelt rif tHo :Jaid The : .. ~w :•:1:lt.n "i'ri n.1 Jiit.ch C:O:nt:l'l·ny• f;;'lid Watt,lt: and ditch righ lG i.11c!1:dc, wit .. nut l.ii~.ttnt.:.dn tlt•on the:! 9er1erdit)'j 3a16 cub.le; feet of wctt.r·r rc-t· !lecnnct of time. fcom tHe color.add tt11'e.i:'t said fl11t:er llci.r..:i mfjudi.c<ited to the Rt.liittrt Sotl Ditch, to.,etho.i:' with toe ri1:htr. in !U'iirJ l?isinr. Sdri IJ.hclq tlciv.1ritj pr:UU.•Hy ifd, i6 arid i•r.i.oi"i ty 110~ Gil• !l11id ditch tn:!J ttrj Nd• 13 in the biiaiiie• of tHe ni:; ;.i'ict tour.: ln c1nri for ~:.1tP.t• llt.st.rict: N<>i 45j u1so t.h~ r.n1ithwer.t <>tinrter of ti1e Nor:.heast: ou.:irt:cr (!ltf..zNr..'.d of :;ccti"n •rwci'it'y (~OJ• •1•owr1:.hi i: SiX (6) !lduth1 Range Ninety4two C92> ~;e.:;t nf t:i'c t;th I'. l·i· • eolit:llihlhg 40 acre•+ llioi:'c or 1ens; <0l:;n th" :;nuthw .. :;t Cllld:tcr c:of thr. 5otH:henrit Quarter (S~J~SE!;) '1nd th<' r.ot:the~1:it '1Htlr.ter df the SdtJthwe:1t Qt.iert:e.r (.S~Mi'-:f} of ::r.cu. .. 11 ;;c•vtmtr.cti ( 17), rind t:he Northea:st: ·<Warter of the Notth- wb::t Ciuct:· et cr11~1:1M.J nnd l:he N•>rthwedt ®arhr oftho llnrthr.•:::t c;uarl:E"r (Nl·r':,Nl~1 ~) of '.;cction 'J'Wl.\'nty (20) t all in ~·ownsh 1.)' r.:l.x ( G) :;011th • Ratv1e tlinot:y .. t:wo ( 92> Weot of thft 6th P•M• t c:<•nt.11 n1nq 160 11cro::i • lilore CJt less; ..i J no the Soulhca:o t r;unrtr;r or the~ !ibuthellot <2u,1rtor ( SF.!"Sr.l4 l of :;.~ct:.<:n l·:i·;ii!-.~C'n (HO' r.nl two ((') rnnd t:hr North one-hetlf Of ~;;e :-;.,rt:hc;tr.t 011.1r1:1~r (Nl1ta:l.j) .1nd the Southwest auartcr cf ~.h~ r:c1:thr!.1nt r.11art.rr l:i'•l'illl·:';) of ~;ect:Joh Nineteen (19) t end the ~;,,rthw1Ji':t d1 .. rt-r ,-.f tilr. tlorthwr.•t ounrtr.r (Ntll:!N'r/!4) of Section 'l'WC'nl:y (?Ill• .1lt'.i11 ·rownnidp Six (6) South• Ronqe Ninety-two (92) '..c:1t n1 t.i1t' :Uxl.h (11th) t•dncipal Mr.rJ.dian• containing 240•48 ncrrs, mnrc or lPcn; .1 ten u,,.. :,011t:1(.•;i:; ~-r~11il1·i;('r of the Northwent Ouartcr (!H:\N1'11:l ot ;i,~clior. 'l'w•~nty (?Ii), •rnwnnhip Ul)C (6) South, Renge Ninety-two ('./?.) :·;":.L <'r Lhc 1;u, 1·riric.i.p.1l f'icridian 1 containing 40 acrL's, more c,,-lc::n; • -I': .......... ,...,. _l, all to be conveyed in fee simple by gaod and sufficient Warranty Det!d; free from all liens and encumbrances except the fo11owing: 1. Excepting and reserving to the seller, his heirs and assigns all oil, gas, hydro- carbons and other minera1s, together with so much af the surface as may be neces• sary for the con~enieht mining or extriction of same, and together, further, the right of ingress and egress for the purpose of prospecting for, developing and producing same. 2. Subject to all reservations and other rights reserved in the United States Patents covering the aforesaid lands; 3. Subject to existing rights-of-way and easements for ditches, telephone 1ines and oower lines and other utilities wh,ch may be of record or discoverable from a physical inspection of the property; 4. Subject to and excepting lands described in that certain land ourchase contract dated December 2, 1966, being Contract No. 14-06-400-4498 between the United States of America and predecessor in title and recorded in Garfield County on Februar~ 3, 1967 under Reception Nb. 231015 in Book 3821 at pages 68, 69, 70, 71, 72, 13, 14 and 151 said land~ being 'ometimes referred to as Rifle Substation. STATE OF COLORADO ) COUNTY OF GARFIELD)ss. Book 440 Page 471 The foregoing warranty deed, consisting of three .:e.ages, including this page, was acknowledged before me this J.;J,,.. day of February, 1973, by J. Gentry. Witness my hand and official seal. My commission expires: M1 Commisllon expires Stpt. 29, 1976 Summary of Retained Rights in Transaction History 1. USA to Sweeny A. Date: March 5, 1906 B. Grantor: United States of America C. Grantee: Laurence Sweeny D. Rights Reserved: “…subject to any vested and accrued water rights for mining, agriculture, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the 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 provided by law, and there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States.” E. George Yule had conveyed the property to Sweeney in 1891 – this deed was recorded to confirm the rights reserved to the United States when the property was originally conveyed to Yule. 2. Sweeny to Gentry A. Date: March 27, 1972 B. Grantor: Sweeny’s, Inc. C. Grantee: J. Gentry and Ann F. Gentry D. Rights Reserved: “…excepting and reserving to the seller, its successors and assigns, an undivided one-half interested in and to all oil, gas and other minerals existing in connection with the above described lands…” 3. Gentry to Wilson A. Date: February 13, 1973 B. Grantor: J. Gentry and Ann F. Gentry C. Grantee: J. Cooke Wilson, Jr. D. Rights Reserved: “Excepting and reserving to the seller, his heirs and assigns all oil, gas, hydrocarbons and other minerals, together with so much of the surface as may be necessary for the convenient mining or extraction of same, and together, further, the right of ingress and egress for the purpose of prospecting for, developing and producing same.” 9 the actual termination date. The License Period may be extended by a separate agreement executed by both parties hereto. 3. License Fee. Licensee shall a one-time license fee •License Fee .. ) for the Licensed Area in the amount o The License Fee shall be payable by Licensee to Licensor within sixty (60) days of the Commencement Date, and shall be made payable to Licensor in United States dollars and delivered to Licensor at the address specified herein or such other address as Licensor may designate by written notice from time to time. 4. Maintenance Payments. Licensee shall an annual maintenance fee ~ce Fee") to Licensor in the amount of ~ The License Fee shall be payable by Licensee to Licensor annually on November 1 of each year during the License Period, and shall be made payable to Licensor in United States dollars and delivered to Licensor at the address specified herein or such other address as Licensor may designate by written notice from time to time. 5. Continaencies. The License Period shall automatically terminate if Licensee's pending Land Use Change Permit Application with Garfield County, Colorado and Construction Material Regular ( 112) Operation Reclamation Permit Application with the Colorado Division of Reclamation. Mining and Safety are not granted within one ( 1) year after the Commencement Date. 6. Use of Licensor's Property. The 25 foot wide Licensed Area shall be used for installation of approximately 5,200 feet of 10 .. pipe, which shall run from the eastern edge of Licensee's property to the Colorado River, which shall be used to dewater Licensee's property to facilitate gravel mining. Upon completion of installation. Licensee shall seed and mulch any portions of Licensor's property, including the Licensed area, as well as repair any fences or others structures disturbed during installation. The Licensed Area shall be used for no other purpose except as may be agreed upon by Licensor in writing in its sole and absolute discretion. 7. Use of Licensee's PrQPCrtY for Grazin1. During the License Period, Licensor shall be permitted to graze cattle on those portions of Licensee's property not being utilized for gravel mining. Licensee is developing its property for gravel mining purposes. and therefore may periodically conduct construction or construction-related activities at its property; Licensor agrees to take whatever steps are necessary to avoid interfering with Licensee's construction or construction-related activities whenever necessary. 8. Compliance with Laws and Regulations. Licensee shall promptly comply with aU present and future: a. rules and regulations published by the Licensor (if any) including, without limitation. regulations applicable to use, storage and disposal of hazardous substances, waste and other environmental matters with respect to the use of the Licensed Area; and Page2 of6 b. applicable laws and regulations of all state, federal, municipal and local governments and departments and any direction of any public officer pursuant to law (collectively, "Laws") having jurisdiction which shall impose any obligation or duty upon Licensor or Licensee with respect to the Licensed Area; except that such compliance by Licensee shall relate only to Licensee's use and manner of use of the Licensed Area. In addition. Licensee agrees to cooperate with Licensor and do all things reasonably necessary for Licensor to comply with Laws. 9. Access. Licensee, its employees. contractors and agents shall hav access to the Licensed Arca lf'\ ov.J.. re~~'~ I 0. Repairs. Throughout the License Period, Licensee shall be responsible for the cost 6 n to repair any damage to the Licensed Area other than damage from the elements, Ille or other casualty to the Property. The repair obligations outlined herein shall survive any cancellation, expiration or tennination, for any reason, of this License Agreement. 11. Damaee. Licensor shall not have any responsibility to Licensee or its respective agents, contractors, tenants, or other invitees in the event of any damage to or theft or loss of any equipment or property. Licensee shall look to its own insurance coverage for recovery in the event of any such damage, theft, or loss. 12. Insurance. a. Licensee shall, at its own cost and expense, maintain and keep in force at all times during the License Period: i . commercial general liability insurance, which shall include coverage against claims for personal injury, death or property damage occurring on. in or about the Licensed Area with respect to the Licensed Area and Licensee's conduct of business therein; Licensor shall be named as an additional insured; and provided with a copy of the Certificate of Insurance. ii. employers' liability and workers' compensation insurance to the extent required by the Laws of Colorado. b. Notwithstanding anything to the contrary set forth in this License Agreement, Licensor and Licensee hereby release one another and their respective partners, officers, employees, and property manager from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for loss or damage covered by said insurance, even if such loss or damage shall have been caused by the fault or negligence of the other Page3of6 party. or anyone for whom such party may be responsible. 13. Indemnification. Licensee shall indemnify. defend, save and hold harmless Licensor and its officers. directors. members. partners. employees. agents, affiliates, successors. and pennitted assigns (collectively, the "Indemnified Parties") against all claims made or judicial or administrative actions filed which allege that any of the Indemnified Parties is liable to the claimant by reason of a any injwy to or death of any person. or damage to or loss of property. or any other thing occurring on or about any part of the Property. or in any manner growing out of. resulting from or connected with the use, condition or oc~cy of the Licensed Area if caused by any negligent or wrongful act or omissiOn· of Licensee. or its agents, partners. contractors, employees, pennitted assigns. l~ensees; sublessees. invitees, or any other person or entity for whose conduct Lilensee is legally responsible; b. violation by Licensee of any contract or agreement to which Licensee is a party in each case affecting any part of the Licensed Area or the occupancy or use thereof by Licensee; and c. violation of or failure to observe or perfonn any condition. provision or obligation of or under this Agreement on Licensee's pan to be observed or performed hereunder. The indemnity obligations outlined herein shall survive any cancellation. expiration, or termination. for any reason. of this License Agreement 14. Assi&Jlment. The license granted hereby is personal to Licensee and shall not be assigned without the prior written consent of Licensor. 15. Default. If either party defaults in the performance of any of its obligations hereunder. and such default continues for more than thirty (30) days after receipt of written notice from the non-defaulting party, the non-defaulting party shall have the right to terminate this License Agreement and pursue any other remedies available at law or in equity, except as limited in Section 16. 16. Limjtatjon of Liability. N01WITHST ANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENSE AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT. PUNITIVE. SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER. INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS. Licensor and Licensee agree that none of their respective directors, officers, employees, shareholders, or any of their (or any of those parties') respective agents shall have any personal obligation hereunder and that Licensor and Licensee shall not seek to assert any claim or enforce any of their rights hereunder against any of such parties. Page4of6 17. Notices. a. Any communication hereunder shall be in writing. Such communications may be delivered and shall be deemed to have been given by the delivering party and received by the receiving party: (i) when delivered by hand; (ii) one day after deposit with a nationally recognized overnight courier or delivery service if sent pnority overnight delivery; (iii) on the third day after the date mailed by certified or registered mail (in each case. return receipt requested and postage prepaid); or (iv) on the date sent with confinnation of transmission by facsimile or electronic mail, if such contact infonnation has been given to the other party. if sent during normal business hours of the recipient, and if also transmitted by one of the other means permitted hereunder. b. Any notice, demand, request. or communication pursuant to this License Agreement shall be addressed to the appropriate party at its address stated in the preamble hereto, unless otherwise directed in writing by notice similarly given. c. Rejection or other refusal to accept, or the inability to deliver because of a changed address of which no notice was given. shall be deemed to be receipt of the notice. demand. request, or communication sent 18. Surrender. On or before the Expiration Date or sooner termination of the License Period for the Licensed Area. Licensee shall vacate and surrender full and complete possession of the Licensed Area to Licensor. Prior to the end of the License Period, Licensee shall send written notice to Licensor to determine whether Licensor des ires to have the installed pipe remain on the property or if Licensee must remove said pipe. Otherwise, Licensee must return the Licensed Areas to Licensor in the condition as it existed before Licensee occupied the Licensed Area, subject to reasonable wear and tear. Licensee agrees to repair and/or remediate all damage to the surface of the real property, including but not limited to, repairing damage to the soil and removing excess dirt and debris from the Licensed Area This Section shall survive any cancellation, expiration, or tennination, for any reason, of this License Agreement 19. Subordjoatjon. This License Agreement and the license granted herein are subject and subordinate to all ground and underlying leases affecting the Property or the real property. and to all mortgages which may now or hereafter affect such leases, the Property or the real property. 20. Wamnties. EXCEPT AS SET FORTH IN THIS LICENSE AGREEMENT. THE PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED. WITII RESPECT TO THIS AGREEMENT, THE LICENSED AREA. OR THE REAL PROPERTY OR PROPERTY INTERESTS, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 21. Miscellaneous. a. Counterparts. This License Agreement may be executed in two or more Page Sof6 counU!fpar1s. each of which shall be deemed to be an original, but all of wruch together shall constitute one and the same inslnunent. b. Governing Law. This License Agreement shall be governed by and construed in accordance with the laws of Colorado. c. Severability. If any provision or provisions in this License Agra:mcnt is/arc found to be in violation of any law or otherwise unenforceabJe., alJ other provisions remain unaftected in full force and effect. d . Binding Efrect. This License .Agreement shall be bindins upon and inure to the benefit of the parties hereto and their respedive successors and permitted assigns and shall not be modified except by an c:xprcss written ap:ement signed by a duly 8ldhoril.Cd rqnseolative ofboeb parties. IN WITNESS WHEREOF. the parties hereto have duly executl!d this License Agreement on the Effective Date. LICENSOR: By: Name : Trtle : LICENSEE: By: Name: Tide: Plge6of6