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HomeMy WebLinkAboutR20-015 Approval of the SUP for Stumpy's Firewood File No. ZS-5-17-6883 eD 2 046 Qvut—g---1 N Commissioner moved adoption 0 0 ri; 0 gl of the following Resolution: N (NI In 0 6-5 N BOARD OF OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO 0 RESOLUTION NO.2020- AIC .2 0 S 93 0 8 RESOLUTION FOR THE APPROVAL 0 0 6 ci OF THE SPECIAL USE PERMIT cv .5. 6 FOR STUMPY'S FIREWOOD Ill CL 0 Eagle County File No.ZS-5-17-6883 WHEREAS, on or about May 2, 2017, the County of Eagle, State of Colorado, accepted for filing an application submitted by Theresa S.Thissen, (the "Applicant") for approval of a special use permit for Stumpy's Firewood, located at Rule Road, Eagle CO, 81631, and legally described as Parcel Number 1939-284-00-021,Tract: 60 Section: 28 Township:4 Range:84 PCLIN (NORTH OF I- 70) Tract: 61 Section: 28 Township: 4, recorded at reception number 201817117 on October 5, 2018 (the"Property");and WHEREAS, the Special Use permit application proposes to use one acre of a 47-acre Resource zoned property to process raw timber into firewood and to support delivery and pickup of the firewood (the"Special Use");and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"), Section 5-210.E -Notice of Public Hearings, notice of the proposed Special Use application was mailed to all owners of property adjacent to the proposed Special Use and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of meetings for consideration of the applications by the Eagle County Planning Commission (the"Planning Commission")and the Board of County Commissioners of the County of Eagle(the"Board"),and; WHEREAS, at its public hearing held on November 6, 2019, the Planning Commission, based upon its findings,recommended approval with conditions of the proposed Special Use,and; WHEREAS, at its regular public hearing of December 10, 2019, the Board considered the proposed Special Use; associated plans; the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Planning Commission,and; WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County,the Future Land Use Map (the"FLUM") for Eagle County, the Town of Eagle's Eagle Area Community Plan as well as the comments of the Eagle County Department of Community Development, comments of public officials and agencies, 1 • recommendation of the Planning Commission,and comments from all interested parties,the Board, finds as follows: A. THAT,proper publication and public notice was provided as required by the ECLUR and state law for the Ih B. THAT,the application for Special Use for the Property complies with the standards in ECLUR Section 5-250.B-Standards for Special Use,as set forth below: I. Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1,the Special Use, is in substantial compliance with the policies of the 2005 Eagle County Comprehensive Plan and Eagle Area Community Plan (the"EACP") including the goals of economic development, other industries and promotion and continuation of agricultural heritage and activities in Eagle County. Specifically, as set forth in the staff report, the Special Use meets a preponderance of the master plan goals,policies and objectives,while adhering to the FLUM designation and prescribed uses. Areas of conformance include agricultural and rural designations. Thus, the Special Use is in substantial conformance with applicable policies within the Eagle County Comprehensive Plan and EACP. H. Compatibility.Pursuant to Section 5-250.B.2,the Special Use,as conditioned,is compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. The Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in this district. The processing of raw timber and timber delivery is very low impact, as nothing remains on site other than wood, sawdust, and a porta-potty per condition two. Thus, as conditioned, the Special Use will be generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land,services,or infrastructure improvements. III. Zone District Standards. Pursuant to Section 5-250.B.3, the proposed use is low intensity and no permanent infrastructure is proposed, therefore all setbacks are met. Thus, the proposed Special Use does comply with the standards of the zone district in which it is located and the standards applicable to the particular use,as identified in ECLURs. IV. Design Minimizes Adverse Impact. Pursuant to Section 5-250.B.4, the design of the Special Use reasonably avoids adverse impacts, including visual impacts of the Special Use on adjacent lands,including trash,traffic,service delivery,parking and loading,odors,noise, glare, and vibration and it will not otherwise cause or create a nuisance. Noise will occur during sawing operations during normal business hours of 10am- 3pm, on only one acre of a 47-acre property. Parking is required for a maximum of three employee vehicles and one customer loading space at a time.The total trip generation created by the special use is 9.07 trips per day. Per condition three, if the operation moves to another area on the parcel which requires the use of a different access point and parking area, that new access and parking area will need to be evaluated by the Eagle County Engineering Department. V. Design Minimizes Environmental Impact.Pursuant to Section 5-250.B.5,the design of the Special Use minimizes environmental impacts and will not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. No environmental impacts from processing or selling firewood have been identified. Thus, the proposed Special Use will fully minimize environmental impacts, and will not cause 2 significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. Thus,the proposed Special Use minimizes environmental impact. VI. Impact on Public Facilities. Pursuant to Section 5-250.B.6, the Special Use will be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services.There is no infrastructure on the site and the proposed Special Use does not include the addition of any infrastructure.Per condition two,a porta-potty will be required to provide wastewater facilities to employees. Employees are expected to bring their own food and water and remove all trash from the site at the end of the day.Thus,the proposed Special Use, as conditioned, will be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools,police and fire protection,and emergency medical services. VII. Site Development Standards. Pursuant to Section 5-250.B.7, the Special Use is in compliance with Article 4 Site Development Standards. The parcel is a conforming lot,as it is 47 acres in size. Access, driveway, and parking standards have been met. Thus, the proposed Special Use will comply with all applicable standards in the ECLURs,Article 4,Site Development Standards. VIII. Other Provisions.Pursuant to Section 5-250.B.8,no other provisions of the ECLUR for use, layout, and general development characteristics in addition to those already referenced and/or addressed have been found applicable to this application. Thus, the proposed Special Use does comply with all standards required by all other applicable provisions of the ECLURs for use,layout,and general development characteristics. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: THAT this application for a Special Use Permit is hereby approved,subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit pursuant to the ECLURs: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. 2. The applicant must obtain and maintain one porta-potty to provide wastewater facilities for employees. 3. If operations move to another portion of the property, proper access must be evaluated by Eagle County Engineering. THAT,this Special Use Permit shall be subject to review as provided for by the ECLURs. THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant. 3 i THAT,the Board hereby finds,determines and declares that this Resolution is necessary for the health,safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle,State of Colorado,at its regular meeting held the 18th day of February,2020,nunc pro tunc to the 10th day of December,2019. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4 COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: hwP o o� CG$ 11/4"l� !By% VA-474Z-4t4 1fL ,Irk_ 14-Clerk to the Board co 0o/1 at y Cha Ter-Henry k`+', �— •� V County Commissioners Chair r • 40. - / J:. ne McQueene C. missioner Matt Scherr Commissioner Commissioner CAP-"i bL4C_- * "seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry ALA Commissioner McQueeney t4- Commissioner u Commissioner Scherr ? 5 zs gg3 . LAND USE APPLICATION FORM EAGLE COUNTY LAND USE REGULATIONS EAGLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT P.O. BOX 179, EAGLE, CO 81631 (970) 328-8730 / FAX (970) 328-7185 EAGLE COUNTY www.eaglecounty.us r..i` c'-'d M, TYPE OF LAND USE REGULATION TYPE OF . LAND USE REGULATION APPLICATION: REFERENCE: APPLICATION: REFERENCE: 0 Sketch Plan Subdivision Section 5-280,SUBDIVISION Illi Special Use Permit Section 5-250,SPECIAL USES ❑Sketch Plan PUD Section 5-240,PUD 0 Consolidated ❑Preliminary Plan Subdivision Section 5-280,SUBDIVISION 0 Concept Evaluation ❑Preliminary Plan PUD Section 5-240,PUD 0 Final 1 ❑Final Plat Section 5-280,SUBDIVISION 0 PUD Amendment Section 5-240,PUD 0 Exemption Plat Section 5-270,SUB.EXEMPTION 0 Variance-ZoningNlS Section 5-260,VARIANCES ❑Correction Plat C.R.S.30-28-133(a) 0 1041 Permit Chapter 6,MATTERS OF STATE INTEREST 0 Location&Extent C.R.S.30-28-110 0 Limited Review Section 5-2100,CERTIF.OF ZONING 0 Amended Final Plat Section 5-290,MINOR SUBDIVISION 0 Vacation Section 5-2200 VACATIONS ❑Minor Type A Subdivision Section 5-290,MINOR SUBDIVISION 0 FONSI FINDING OF NO SIGNIFICANT IMPACT ❑Minor Type B Subdivision Section 5-290,MINOR SUBDIVISION ❑Other ❑Zone Change Section 5-230,ZONE DISTRICT ❑LUR Text Amendment AMENDMENT INVOLVED PARTIES: OWNER/APPLICANT: NOTE: Please read the above referenced Section in • Name. Tipp r•e sA S, —rh i 5Se le) Chapter II of the Eagle County Land Use Regulations,and Mailing Address: Po ''u 1 ZZ the applicable Process Guide. Please submit all Town/State/Zip: PSurmr f oh) &'I“7 necessary application documentation and fees as Phone#: 97 3 2-o07 FAX# q7o 52.q 7000 required. Email Address. Fla.ntlad j1 e ievA-tie3.rut ADJACENT PROPERTY OWNERS: For all applications, please submit a list of all adjacent REPRESENTATIVE(Authorization Required): property owner names and addresses, using the most Name: current Eagle County tax records. These names and Mailing Address. addresses must be submitted on adhesive mailing labels or Town/State/Zip. pre-addressed envelopes. Please see corresponding Phone#: FAX#: application checklist. Email Address' DISCLOSURE OF OWNERSHIP: For all applications, please submit the necessary CV Z- y-. Note:All correspondence will be mailed,emailed or faxed to the ownership disclosure (dated within two months of the representative listed above UNLESS otherwise requested. application), pursuant to Section 5-210.D.2.c. Please see corresponding application checklist. SURVEYOR/ENGINEER: SUBSURFACE MINERAL INTERESTS: Pursuant to Name' C.R.S.§24-65.5-103 Notice Requirements,please note: Mailing Address. It is the responsibility of the applicant for any Sketch Plan, Town/State/Zip: Preliminary Plan,Variance, and/or Zone Change application Phone#: FAX it to notify owner(s)and/or lessee(s)of subsurface mineral Email Address: interests, affected by your proposal. PROJECT NAME AND LOCATION: 1 Assessor's Parcel# c 39._Z�i y`UU'- 0z-4 Legal Description of Project: Physical/Street Address: 12 'Rd. I I br'thfrVnfu-cpI ( Subdivision: Ec,.sf- Lot Block Filing Tract Name of Project: Stu rrnil.S .i�if eW00d Section 2-8 Township '/ Range gy J --OR-- „' Attach a Metes and Bounds legal description and survey depicting the property boundary. PROJECT DATA(Pursuant to Section 5-210.D.2.e): Written.Description of Project: S 'S I1 rW.tlarrct W)11 bc_..pvceBsrvij F co-tcudr3 0� y-i r nd,.er- to fo {S.,P Fc/uvaC. 4..r a b �.d�,., t.allot --Jorp r..r.� , /owe%.,. -. 7Z•-t_.ts.oa-eLf.S tAe, cS'oDrr.#c i ta^roL a e r, 06011•010 P Jntsnn .,t �sx. z.r. . 77�c...p,.,o. c s,.e o .5vn. 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Zi..',.4 1,4A.-,'4 , ,,,',4'„,..1',•,t.':: , r , \ /Z 3o1 <rJ LAPUTA SERVICES GROUP, LLC LEASE AGREEMENT Strm9Id's 1161" Lessee Name(s):Theresa Thissen and$ -s Firewood Jointly and Severally This Lease Agreement is entered into by and between Laputa Services Group,LLC hereinafter referred to as LESSOR,and the Lessee named above,hereinafter referred to as LESSEE.LESSOR and LESSEE do hereby covenant,contract and agree as follows: Lessee Initials: ) GRANT OF LEASE:LESSOR does hereby lease unto LESSEE and LESSEE does hereby lease from LESSOR a mutually agreed portion of the Eagle,CO vacant land Section 28,Township 4s,Range for the term of two years, beginning on November 1,2019.All parties listed above as LESSOR and LESSEE are herein referred to individually and collectively as LESSOR and LESSEE respectively. Lessee Initials:TI- 1. AGREEMENT: This document supercedes any previous leases,rules and regulations or other documents or agreements, whether written, oral or otherwise conveyed or implied. The contents herein are set forth for all Lessees, visitors, contractors, or other parties entering or occupying the premises. By entering or occupying the premises, all such parties agree to be bound by the terms of this agreement. It is the Lessee's sole responsibility to ensure that any such invitees of Lessee abide by the terms of this agreement. Lessee Initials:-r-r" 2.RENTS 2.A.RENTAL PAYMENTS:LESSEE shall pay to LESSOR rental funds totaling$400(four hundred and 00/100 dollars) on the first day of each month at PO Box 91594,Austin,TX 78709 or via direct deposit.A late fee of$40.00 will be charged on the 6th day of each month if rents or other sums payable hereunder have not been received in the office on or before closing time/4p.m.on the 5th business day of the month.There will be a$40.00 service charge for any check returned by the bank for non-sufficient funds or for any other reason and LESSEE agrees that he shall pay the amount of any such check plus the $40.00 service charge within three(3) days of receiving notice of its dishonor or a late fee of$40.00 will be charged and he shall be in default of this Lease Agreement. Should eviction become necessary, an administrative charge of$73.25 plus actual court costs shall be charged to Lessee at the time that paperwork is filed with the court and or Justice of the Peace. Lessee's right to possession of the Premises is expressly contingent upon the prompt and timely payment of rent and other charges due hereunder,and the use of the Premises by Lessee is obtained only on the condition that such sums are promptly and timely paid. Monies from payments shall be first applied to discharge past due amounts, including,but not limited to,late charges,check charges,key charges,security deposits,pet deposits,3rd party contractor charges,fees and or pass-throughs,past due rents,then current rents.After such amounts due have been paid,the remainder of any monies received by Lessor from Lessee shall be applied to utility bills owed by Lessee to Lessor. Rents may be increased by LESSOR upon 30 days written notice to LESSEE up to a maximum of 15%of original rent stated in this section during the term of this lease. Lessee Initials:1—r 3.SECURITY DEPOSIT:Concurrent with the execution of this agreement,LESSEE shall deposit with LESSOR the security deposit amount of ZERO DOLLARS.The security deposit shall not be considered an advanced payment of rental or a measure of LESSOR's damages in case of default by LESSEE. The deposit is to be refunded to LESSEE upon LESSEE vacating premises according to the terms set forth in this agreement,considering no damage beyond ordinary wear and depreciation,all rent and other charges are paid in full and all keys have been returned to the office and notice is given in writing 30 days prior to vacating.Lessee shall be liable to Lessor for all damages to the leased premises. The security deposit shall be held in LESSOR's non-interest bearing checking account. Lessee Initials: 4.CONDITION OF PREMISES: Lessee shall maintain the premises in good condition during the continuance of this agreement and shall neither cause nor allow any abuse of the facilities therein, and upon the termination or expiration thereof shall redeliver the property in as good condition as at the commencement of the term. Any leasehold improvements made to the leased premises by Lessee shall immediately become the property of Lessor. Lessee is and shall be responsible and liable for repayment within ten(10)days to Lessor for Lessor making repairs and or replacements that may be required for injury or damage to the leased premises,equipment or facilities,wherein the cause is due either to misuse or negligence by Lessee,Lessee's family or any other person or persons whom Lessee invites or permits to be in or about the leased premises. Lessee Initials: 11'5. LESSEE INSURANCE: At all times, Lessee shall have a valid and binding one million dollar liability insurance policy in place with Lessor named as additional named insured on the policy and must submit that valid insurance policy at the time of signing of the lease and at any other time requested in writing by Lessor. Should the insurance lapse, become void or otherwise not comply with this section of the agreement,the Lease shall become immediately void and Lessee shall no longer have the right to occupy the premises under any circumstances,but shall be financially responsible for paying the sum total remainder due for the entire term of the lease agreement. Lessee Initials: 6. INDEMNIFICATION: Lessee hereby agrees to indemnify and hold Lessor harmless for any injury or death to any person or damage to any property arising out of the use of the Premises by Lessee,Lessee's family,agents,employees,guests or invitees. Lessee is to keep the manufactured home and Premises in good and safe condition and to notify Lessor immediately of any unsafe or unsanitary conditions in the Lessor or upon Lessor property. Lessor shall not be liable to Lessee for any damages arising out of any actions or negligence on the part of any other Lessor residents or their families, agents, employees, guest or invitees. Lessee agrees to pay Lessor for any damages caused by Lessee, Lessee's family, agents, employees, guests or invitees whether caused by Lessee,Lessee's family,agents, employees guests or invitees. Lessee Initials: 7. WAIVERS:No failure by Lessor to enforce any provision of this Agreement after default or breach by Lessee shall be deemed a waiver of Lessor's rights subsequently to enforce any and all provisions of this Agreement upon any other or further default or breach on the part of Lessee. All remedies contained herein are cumulative and agreed to by the parties without impairing any rights or remedies of Lessor,whether said rights or remedies are herein referred to or not. The obligation of Lessee to pay rent shall not be deemed to be waived,released or terminated by the service of a notice to vacate,notice to terminate,notice of breach,demand for possession,or institution of any legal action against Lessee. The acceptance of any rentals or other sums due shall not be construed as a waiver of any default or breach by Lessee,nor shall such acceptance reinstate, continue or extend the term of this Agreement or affect any notice,demand or suit in connection with such Agreement.No payment by Lessee or receipt by Lessor of an amount less that the total rental and charges due shall be deemed to be other than on account of the rent and charges due,nor shall any endorsement on any check nor any letter accompanying such partial payment be deemed an accord and satisfaction,and Lessor may accept such partial payment without prejudice to Lessor's rights to collect the balance of rent and charges due. Lessee Initials:: 8. EMINENT DOMAIN: In the event that any governmental body or agency,or any entity which has the right of eminent domain,takes or condemns all or any part of the premises of such a portion of the Lessor that is no longer reasonably suitable for use as a manufactured home Lessor for any public purpose by right of eminent domain(or any private purchase in lieu of the exercise of the right of eminent domain), this Agreement shall terminate on the date that possession of such property is taken. No part of any award or purchase price made or paid for such a partial or complete taking shall be appropriated. Lessee hereby renounces and assigns to Lessor,any claim,right,title, or interest which Lessee might have in any such award or purchase price. Less or shall,however,have no claim to, no assignment of, any award or payment to Lessee for the taking, condemnation, or right to purchase of any personal property belonging to Lessee and removable upon termination of this Agreement. Lessee Initials: 9. AMENDMENTS:The Agreement,the Application for Lease and the Lessor Rules and Regulations,constitutes the entire agreement between the parties; Lessee certifies that no other representations,either written or oral,were made by Lessor or relied on by Lessee as an inducement for the execution of,or as a consideration for,this Agreement Lessee acknowledges receipt of a copy of each of these documents and agrees that such shall not be modified or amended except as may hereafter expressly be set forth in writing and executed by the parties or except as may otherwise by provided herein. Lessee Initials:if 10. TERMINATION: Lessee's right to occupancy shall terminate or may be terminated as follows: 10.A.at the end of the term of this Agreement with a thirty(30)day written notice by either Lessor or Lessee, 10.B. at any time Lessee shall be in default on or in breach of any provision of this Agreement (or the other documents incorporated herein and made a part hereof by reference)upon a five(5)day written notice of such breach or default by Lessor, 10.C. in accordance with the terms and provisions hereof relating to eminent domain, 10.D.in accordance with the terms and provisions hereof relating to release of Lessee,or 10.E.at such other times as may be agreed to by the parties hereto in writing. When lessee's right to occupancy is terminated,Lessee shall pay all rental or other sums due or owed to Lessor and shall peacefully surrender possession of the Premises and remove all Lessee's property pursuant to this agreement; failure to do so shall be deemed a breach of this Agreement. Lessee Initials: 7-)." 11 ARBITRATION:. 11.A.Any claim or controversy(except for a suit for injunctive relief)arising out of or relating to this Agreement or any breach of this Agreement shall be settled by final and binding arbitration in the City of Austin,Travis County,Colorado in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect on the date the claim or controversy arises. All claims or controversies shall be resolved by a panel of three(3)arbitrators selected in accordance with the applicable Commercial Arbitration Rules. The arbitrators shall issue a written decision with respect to all claims or controversies submitted under this paragraph within thirty(30)days after the completion of the arbitration hearing. Initially,each party shall be responsible for its own attorneys'fees,and each party shall be responsible for paying one-half(1/2)of the expenses of the arbitration.However,the prevailing party shall be entitled to recovery of attorneys fees,arbitration costs,travel and all other related expenses. 11.B.This Section may be specifically enforced by either party,and submission to arbitration may be compelled by any court of competent jurisdiction. The decision of the arbitrators may be specifically enforced by either party in any court of competent jurisdiction.To the extent that any party to this agreement files suit, complaint or any other matter in any court that requires the other party to respond,the other party(the non filing party)shall be entitled to full recovery of legal fees,court costs,administrative expenses, travel,lodging and other related costs,which must be paid prior to engaging the American Arbitration Association. 572- WO Wil . rr/ l 0/450// Lessee Initials: 7T 12.LEGAL FEES,COURT AND RELATED COSTS: Should either Lessee or Lessor be required to employ fivIt' legal counsel to enforce the terms,conditions and covenants of this Agreement,the prevailing party shall recover all reasonable attorneys' fees,court costs,administrative costs and related fees and costs incurred therein. Lessee Initials:Tr 13. MISCELLANEOUS: This Agreement shall be governed by the laws of the State of Colorado. Lessee acknowledges having read and understood all of the terms and provisions of this Agreement and agrees to be bound thereby. All references to"Lessee" herein shall include and mean all occupants of the manufactured home as set forth in the Application. The term "Lessor"shall include and refer to other designated representatives of Lessor. Time is of the essence of this Agreement. The provisions of this Agreement shall be severable. If any provision is held invalid or unenforceable by any court of law for any reason whatsoever, the remaining provisions shall not be affected and shall be in full force and effect. Lessee Initials: 14.AUTOMATIC RENEWABILITY:This Lease is automatically renewable.LESSEE agrees that he shall give written notice to LESSOR thirty(30)days prior to the end of lease term that he does not desire such renewal and that his failure to give such notice shall be deemed an assent to such renewal for an additional and subsequent one year period including the conditions herein provided. Lessee Initials 15. PERSONAL PROPERTY: LESSEE is responsible for his own insurance on personal property. LESSOR shall have no liability for loss,damage, or destruction thereof. If LESSEE leaves said premises unoccupied for any time while rent is due and unpaid,LESSOR or his agent may take possession thereof,removing and storing at the expense of the LESSEE all property found contained herein. Lessee Initials:' 1 16.GENERAL: 16.A. Whenever possible,each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law,but if any provision of this Agreement,or the application thereof to any party hereto or under any circumstances, shall be invalid or unenforceable to any extent under applicable law,such provision shall be deemed severed from this Agreement with respect to such party or such circumstance,without invalidating the remainder of this Agreement or the application of such provision to other persons or circumstances,and a new provision shall be deemed to be substituted in lieu of the provision so severed which new provision shall,to the extent possible,accomplish the intent of the parties hereto as evidenced by the provision so severed. 16.B.This Agreement shall be binding upon Lessee and Lessee's heirs,executors,assigns and administrators and shall inure to the benefit of the Landlord,its subsidiaries and affiliates and their successors and assigns. 16.C.This Agreement shall be governed by the laws of the State of Colorado,exclusive of principles of conflicts of law,which state shall have jurisdiction of the subject matter hereof. 16.D.This Agreement may be signed in one or more counterparts,each of which shall be deemed an original and which together shall constitute one instrument. Facsimile copies of this agreement shall be binding. 16.E.Whenever the context requires,the gender of all words used herein shall include the masculine,feminine and neuter,and the number of all words shall include the singular and plural. Unless the context indicates otherwise,references to the Landlord herein denote the Landlord and its direct and indirect wholly owned subsidiaries. Titles of sections are for convenience only and neither herein. 16.F. This Agreement represents the entire agreement between Lessee and the Lessor and with respect to the subject matter hereof,superseding all previous oral or written communications,representations,or agreements.This Agreement may be modified only by a duly authorized and executed agreement in writing. 16.G. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises,no presumption or burden of proof shall arise favoring any party by virtue of the authorship of any of the provisions in this Agreement. 16.H.Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and delivered (including delivery by private courier or facsimile transmittal)or sent by registered or certified mail,postage prepaid,return receipt requested to Lessee at: or to the Lessor at PO Box 91594,Austin,Colorado 78709 or to such other address as either party shall designate by written notice to the other. Such notice shall be effective as to the date of delive or(if mailed as described above)the date of mailing. Lessee's Signature Dal g October 29,2019 Lessor/Lessor's Agent's Signature Date HTC HeritageTITLE DEPARTMENT—DELIVERY TRANSMITTAL Title Company P.O.Box 1980,50 Chambers Ave.,Suite I Eagle,CO 81631 Making TPersonal (970)328-5211 Fax:(866)828-9541 Commonwealth Brobdignag Holdings LLC,A Texas Limited Liability Company 33 Long Creek Rd. Austin,TX 78737 File Number: 454-H0524556-060-TP1 Property Address: Vacant land,Eagle,CO 81631 Policy Number: CO-FFAH-IMP-81306-1-18-H0524556 Dear New Property Owner: Congratulations on your real estate purchase. Enclosed is your Policy of Title Insurance. This policy contains important information about your real estate transaction, and it insures you against certain risks to your ownership. Please read it and retain it with your other valuable papers. A permanent record of your recorded title documents is accessible through our office. These records will enable prompt processing of future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call our office and simply give us your personal policy file number when you need assistance. In the event you sell your property or borrow money from a mortgage lender you may be entitled to a discount rate if you order your title insurance through this company. We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your future title service needs. Sincerely, Heritage Title Company,Inc. 81306(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AML- members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land LAND TITLE Title Association. Ar:OCIAEIOM Commonwealth Land Title Insurance Company POLICY NO.: CO-FFAH-IMP-81306-1-18-H0524556 'S YOLICY OF INS - A CE Issued by Commonwealth Land Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Florida corporation (the"Company")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law,ordinance, permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; 81306(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AML- members ingood standingas of the date of use.All other uses areprohibited.Reprinted under license from the American Land LAND TITLE P A,SOUATIU:I Title Association. Order No.: H0524556-060-TP1 Policy No.: CO-FFAH-IMP-81306-1-18-H0524556 (c) the subdivision of land;or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency,or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Commonwealth Land Title Insurance Company Countersigned: s' 40 i�SEAL a Randy GtiAc.President 1 MI a Attest Authorized Officer or Agent "' Michael Gravels.Secretary 81306(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AML- members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land LAND TITLE ANSOCIATION Title Association. Order No.: H0524556-060-TP1 Policy No.: CO-FFAH-IMP-81306-1-18-H0524556 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS instrument established by the Insured named in purchase, lease, or lend if there is a contractual The following terms when used in this policy Schedule A for estate planning purposes. condition requiring the delivery of marketable title. mean: (ii) With regard to(A),(B),(C),and(D) 2. CONTINUATION OF INSURANCE (a) "Amount of Insurance": The amount reserving,however,all rights and defenses as to any The coverage of this policy shall continue in stated in Schedule A, as may be increased or successor that the Company would have had against force as of Date of Policy in favor of an Insured,but decreased by endorsement to this policy,increased by any predecessor Insured. only so long as the Insured retains an estate or Section 8(b),or decreased by Sections 10 and 11 of (e) "Insured Claimant": An Insured claiming interest in the Land,or holds an obligation secured by these Conditions. loss or damage. a purchase money Mortgage given by a purchaser (b) "Date of Policy": The date designated as (0 "Knowledge" or "Known": Actual from the Insured,or only so long as the Insured shall 'Date of Policy"in Schedule A. knowledge,not constructive knowledge or notice that have liability by reason of warranties in any transfer (c) "Entity":A corporation,partnership,trust, may be imputed to an Insured by reason of the Public or conveyance of the Title. This policy shall not limited liability company, or other similar legal Records or any other records that impart constructive continue in force in favor of any purchaser from the entity. notice of matters affecting the Title. Insured of either(i)an estate or interest in the Land, (d) "Insured": The Insured named in (g) "Land": The land described in Schedule or (ii) an obligation secured by a purchase money Schedule A. A, and affixed improvements that by law constitute Mortgage given to the Insured. (i) The term"Insured"also includes real property.The term"Land"does not include any 3. NOTICE OF CLAIM TO BE GIVEN BY (A) successors to the Title of the property beyond the lines of the area described in INSURED CLAIMANT Insured by operation of law as distinguished from Schedule A, nor any right, title, interest, estate, or The Insured shall notify the Company promptly purchase, including heirs, devisees, survivors, easement in abutting streets, roads, avenues, alleys, in writing(i)in case of any litigation as set forth in personal representatives,or next of kin; lanes,ways,or waterways,but this does not modify Section 5(a) of these Conditions, (ii) in case (B) successors to an Insured by or limit the extent that a right of access to and from Knowledge shall come to an Insured hereunder of dissolution, merger, consolidation, distribution, or the Land is insured by this policy. any claim of title or interest that is adverse to the reorganization; (h) "Mortgage":Mortgage,deed of trust,trust Title,as insured,and that might cause loss or damage (C) successors to an Insured by its deed, or other security instrument, including one for which the Company may be liable by virtue of conversion to another kind of Entity; evidenced by electronic means authorized by law. this policy,or(iii)if the Title,as insured,is rejected (D) a grantee of an Insured under a (i) "Public Records": Records established as Unmarketable Title.If the Company is prejudiced deed delivered without payment of actual valuable under state statutes at Date of Policy for the purpose by the failure of the Insured Claimant to provide consideration conveying the Title of imparting constructive notice of matters relating to prompt notice,the Company's liability to the Insured (1) if the stock, shares, real property to purchasers for value and without Claimant under the policy shall be reduced to the memberships,or other equity interests of the grantee Knowledge. With respect to Covered Risk 5(d), extent of the prejudice. are wholly-owned by the named Insured, "Public Records" shall also include environmental 4. PROOF OF LOSS (2) if the grantee wholly protection liens filed in the records of the clerk of the In the event the Company is unable to owns the named Insured, United States District Court for the district where the determine the amount of loss or damage, the (3) if the grantee is wholly- Land is located. Company may,at its option,require as a condition of owned by an affiliated Entity of the named Insured, (j) "Title":The estate or interest described in payment that the Insured Claimant furnish a signed provided the affiliated Entity and the named Insured Schedule A. proof of loss. The proof of loss must describe the are both wholly-owned by the same person or Entity, (k) "Unmarketable Title":Title affected by an defect, lien, encumbrance, or other matter insured or alleged or apparent matter that would permit a against by this policy that constitutes the basis of loss (4) if the grantee is a trustee prospective purchaser or lessee of the Title or lender or damage and shall state,to the extent possible,the or beneficiary of -atrust created by a written on the Title to be released from the obligation to basis of calculating the amount of the loss or damage. 81306(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AML- members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land LAND TITLE ASSOCIATION Title Association. Order No.: H0524556-060-TP1 Policy No.: CO-FFAH-IMP-81306-1-18-H0524556 5. DEFENSE AND PROSECUTION OF maintained, including books, ledgers, checks, by the Insured Claimant who has suffered loss or ACTIONS memoranda, correspondence, reports,e-mails,disks, damage by reason of matters insured against by this (a) Upon written request by the Insured,and tapes, and videos whether bearing a date before or policy. subject to the options contained in Section 7 of these after Date of Policy, that reasonably pertain to the (a) The extent of liability of the Company for Conditions,the Company,at its own cost and without loss or damage. Further, if requested by any loss or damage under this policy shall not exceed the unreasonable delay, shall provide for the defense of authorized representative of the Company, the lesser of an Insured in litigation in which any third party Insured Claimant shall grant its permission, in (i) the Amount of Insurance;or asserts a claim covered by this policy adverse to the writing, for any authorized representative of the (ii) the difference between the value of Insured.This obligation is limited to only those stated Company to examine, inspect,and copy all of these the Title as insured and the value of the Title subject causes of action alleging matters insured against by records in the custody or control of a third party that to the risk insured against by this policy. this policy The Company shall have the right to reasonably pertain to the loss or damage. All (b) If the Company pursues its rights under select counsel of its choice(subject to the right of the information designated as confidential by the Insured Section 5 of these Conditions and is unsuccessful in Insured to object for reasonable cause) to represent Claimant provided to the Company pursuant to this establishing the Title,as insured, the Insured as to those stated causes of action.It shall Section shall not be disclosed to others unless,in the (i) the Amount of Insurance shall be not be liable for and will not pay the fees of any other reasonable judgment of the Company,it is necessary increased by 10%,and counsel. The Company will not pay any fees,costs, in the administration of the claim. Failure of the (ii) the Insured Claimant shall have the or expenses incurred by the Insured in the defense of Insured Claimant to submit for examination under right to have the loss or damage determined either as those causes of action that allege matters not insured oath,produce any reasonably requested information, of the date the claim was made by the Insured against by this policy. or grant permission to secure reasonably necessary Claimant or as of the date it is settled and paid. (b) The Company shall have the right, in information from third parties as required in this (c) In addition to the extent of liability under addition to the options contained in Section 7 of these subsection,unless prohibited by law or governmental (a) and(b),the Company will also pay those costs, Conditions,at its own cost,to institute and prosecute regulation, shall terminate any liability of the attorneys'fees,and expenses incurred in accordance any action or proceeding or to do any other act that in Company under this policy as to that claim. with Sections 5 and 7 of these Conditions. its opinion may be necessary or desirable to establish 7. OPTIONS TO PAY OR OTHERWISE 9. LIMITATION OF LIABILITY the Title,as insured,or to prevent or reduce loss or SETTLE CLAIMS; TERMINATION OF (a) If the Company establishes the Title, or damage to the Insured. The Company may take any LIABILITY removes the alleged defect,lien or encumbrance,or appropriate action under the terms of this policy, In case of a claim under this policy, the cures the lack of a right of access to or from the whether or not it shall be liable to the Insured. The Company shall have the following additional options: Land,or cures the claim of Unmarketable Title,all as exercise of these rights shall not be an admission of (a) To Pay or Tender Payment of the insured, in a reasonably diligent manner by any liability or waiver of any provision of this policy. If Amount of Insurance. method, including litigation and the completion of the Company exercises its rights under this To pay or tender payment of the Amount of any appeals, it shall have fully performed its subsection,it must do so diligently. Insurance under this policy together with any costs, obligations with respect to that matter and shall not (c) Whenever the Company brings an action attorneys'fees,and expenses incurred by the Insured be liable for any loss or damage caused to the or asserts a defense as required or permitted by this Claimant that were authorized by the Company up to Insured. policy, the Company may pursue the litigation to a the time of payment or tender of payment and that the (b) In the event of any litigation, including final determination by a court of competent Company is obligated to pay. litigation by the Company or with the Company's jurisdiction,and it expressly reserves the right,in its Upon the exercise by the Company of this consent,the Company shall have no liability for loss sole discretion,to appeal from any adverse judgment option,all liability and obligations of the Company to or damage until there has been a final determination or order. the Insured under this policy,other than to make the by a court of competent jurisdiction,and disposition 6. DUTY OF INSURED CLAIMANT TO payment required in this subsection, shall terminate, of all appeals,adverse to the Title,as insured. COOPERATE including any liability or obligation to defend, (c) The Company shall not be liable for loss (a) In all cases where this policy permits or prosecute,or continue any litigation. or damage to the Insured for liability voluntarily requires the Company to prosecute or provide for the (b) To Pay or Otherwise Settle With assumed by the Insured in settling any claim or suit defense of any action or proceeding and any appeals, Parties Other Than the Insured or With the without the prior written consent of the Company. the Insured shall secure to the Company the right to Insured Claimant. 10. REDUCTION OF INSURANCE; so prosecute or provide defense in the action or (i) To pay or otherwise settle with other REDUCTION OR TERMINATION OF proceeding, including the right to use, at its option, parties for or in the name of an Insured Claimant any LIABILITY the name of the Insured for this purpose. Whenever claim insured against under this policy. In addition, All payments under this policy, except requested by the Company, the Insured, at the the Company will pay any costs,attorneys'fees,and payments made for costs, attorneys' fees, and Company's expense, shall give the Company all expenses incurred by the Insured Claimant that were expenses, shall reduce the Amount of Insurance by reasonable aid (i) in securing evidence, obtaining authorized by the Company up to the time of the amount of the payment. witnesses, prosecuting or defending the action or payment and that the Company is obligated to pay;or 11. LIABILITY NONCUMULATIVE proceeding, or effecting settlement, and (ii) in any (ii) To pay or otherwise settle with the The Amount of Insurance shall be reduced by other lawful act that in the opinion of the Company Insured Claimant the loss or damage provided for any amount the Company pays under any policy may be necessary or desirable to establish the Title or under this policy,together with any costs,attorneys' insuring a Mortgage to which exception is taken in any other matter as insured If the Company is fees,and expenses incurred by the Insured Claimant Schedule B or to which the Insured has agreed, prejudiced by the failure of the Insured to furnish the that were authorized by the Company up to the time assumed,or taken subject,or which is executed by an required cooperation, the Company's obligations to of payment and that the Company is obligated to pay. Insured after Date of Policy and which is a charge or the Insured under the policy shall terminate, Upon the exercise by the Company of either of lien on the Title, and the amount so paid shall be including any liability or obligation to defend, the options provided for in subsections(b)(i)or(ii), deemed a payment to the Insured under this policy. prosecute, or continue any litigation,with regard to the Company's obligations to the Insured under this 12. PAYMENT OF LOSS the matter or matters requiring such cooperation. policy for the claimed loss or damage,other than the When liability and the extent of loss or damage (b) The Company may reasonably require the payments required to be made, shall terminate, have been definitely fixed in accordance with these Insured Claimant to submit to examination under including any liability or obligation to defend, Conditions, the payment shall be made within 30 oath by any authorized representative of the prosecute,or continue any litigation. days. Company and to produce for examination,inspection, 8. DETERMINATION AND EXTENT OF 13. RIGHTS OF RECOVERY UPON and copying,at such reasonable times and places as LIABILITY PAYMENT OR SETTLEMENT may be designated by the authorized representative of This policy is a contract of indemnity against (a) Whenever the Company shall have settled the Company, all records, in whatever medium actual monetary loss or damage sustained or incurred and paid a claim under this policy, it shall be 81306(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AME- members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land LAND TITLE ASSOCIATION Title Association. 46, • Order No.: H0524556-060-TPI Policy No.: CO-FFAH-IMP-81306-1-18-H0524556 subrogated and entitled to the rights of the Insured provision, or to any other controversy or claim 16. SEVERABILITY Claimant in the Title and all other rights and arising out of the transaction giving rise to this In the event any provision of this policy, in remedies in respect to the claim that the Insured policy. All arbitrable matters when the Amount of whole or in part, is held invalid or unenforceable Claimant has against any person or property, to the Insurance is$2,000,000 or less shall be arbitrated at under applicable law,the policy shall be deemed not extent of the amount of any loss, costs, attomeys' the option of either the Company or the Insured.All to include that provision or such part held to be fees,and expenses paid by the Company.If requested arbitrable matters when the Amount of Insurance is invalid, but all other provisions shall remain in full by the Company,the Insured Claimant shall execute in excess of$2,000,000 shall be arbitrated only when force and effect. documents to evidence the transfer to the Company agreed to by both the Company and the Insured. 17. CHOICE OF LAW;FORUM of these rights and remedies. The Insured Claimant Arbitration pursuant to this policy and under the (a) Choice of Law: The Insured shall permit the Company to sue, compromise, or Rules shall be binding upon the parties. Judgment acknowledges the Company has underwritten the settle in the name of the Insured Claimant and to use upon the award rendered by the Arbitrator(s)may be risks covered by this policy and determined the the name of the Insured Claimant in any transaction entered in any court of competent jurisdiction. premium charged therefor in reliance upon the law or litigation involving these rights and remedies. 15. LIABILITY LIMITED TO THIS POLICY; affecting interests in real property and applicable to If a payment on account of a claim does not POLICY ENTIRE CONTRACT the interpretation,rights,remedies,or enforcement of fully cover the loss of the Insured Claimant, the (a) This policy together with all policies of title insurance of the jurisdiction where Company shall defer the exercise of its right to endorsements,if any,attached to it by the Company the Land is located. recover until after the Insured Claimant shall have is the entire policy and contract between the Insured Therefore,the court or an arbitrator shall apply recovered its loss. and the Company. In interpreting any provision of the law of the jurisdiction where the Land is located (b) The Company's right of subrogation this policy,this policy shall be construed as a whole. to determine the validity of claims against the Title includes the rights of the Insured to indemnities, (b) Any claim of loss or damage that arises that are adverse to the Insured and to interpret and guaranties, other policies of insurance, or bonds, out of the status of the Title or by any action asserting enforce the terms of this policy.In neither case shall notwithstanding any terms or conditions contained in such claim shall be restricted to this policy. the court or arbitrator apply its conflicts of law those instruments that address subrogation rights. (c) Any amendment of or endorsement to this principles to determine the applicable law. 14. ARBITRATION policy must be in writing and authenticated by an (b) Choice of Forum: Any litigation or other Either the Company or the Insured may demand authorized person, or expressly incorporated by proceeding brought by the Insured against the that the claim or controversy shall be submitted to Schedule A of this policy. Company must be filed only in a state or federal arbitration pursuant to the Title Insurance Arbitration (d) Each endorsement to this policy issued at court within the United States of America or its Rules of the American Land Title Association any time is made a part of this policy and is subject to territories having appropriate jurisdiction. ("Rules"). Except as provided in the Rules, there all of its terms and provisions. Except as the 18. NOTICES,WHERE SENT shall be no joinder or consolidation with claims or endorsement expressly states, it does not(i)modify Any notice of claim and any other notice or controversies of other persons. Arbitrable matters any of the terms and provisions of the policy, (ii) statement in writing required to be given to the may include,but are not limited to,any controversy modify any prior endorsement, (iii) extend the Date Company under this policy must be given to the or claim between the Company and the Insured of Policy,or(iv)increase the Amount of Insurance. Company at Commonwealth Land Title Insurance arising out of or relating to this policy,any service in Company,Attn:Claims Department,Post Office Box connection with its issuance or the breach of a policy 45023,Jacksonville,Florida 32232-5023. 81306(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AML- members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land LAND TITLE Title Association. AESOCIATIVN Order No.: H0524556-060-TP1 Policy No.: CO-FFAH-IMP-81306-1-18-H0524556 NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) 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. C.R.S.A.§ 10-1-128(6)(a). 81306A(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMLI- members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land LAND TITLE MCIAION Title Association. Order No.: 110524556-060-TP1 Policy No.: CO-FFAH-IMP-81306-1-18-H0524556 Commonwealth Land Title Insurance Company SCHEDULE A Name and Address of Title Insurance Company: Heritage Title Company,Inc. P.O.Box 1980,0050 Chambers Ave.Suite I Eagle,CO 81631 Policy No.: CO-FFAH-IMP-81306-1-18-110524556 Order No.: H0524556-060-TP1 Address Reference: Vacant land,Eagle,CO 81631 Amount of Insurance: $1,000,000.00 Date of Policy: October 2,2018 at 11:56:48 AM 1. Name of Insured: Brobdignag Holdings LLC,A Texas Limited Liability Company 2. The estate or interest in the Land that is insured by this policy is: A Fee Simple 3. Title is vested in: Brobdignag Holdings LLC,A Texas Limited Liability Company 4. The Land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. 81306A(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTAAMI members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land �;°T TIATLE Title Association. Order No.: H0524556-060-TPI Policy No.: CO-FFAH-IMP-81306-1-18-H0524556 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: That portion of the following property lying northerly of Interstate I-70 right of way; Tract 61 in Section 28,T.45.R.84W,6th P.M.according to Independent Resurvey approved June 20,1922,being originally described and patented as SW1/4SE1/4 of Section 28,T.4S.,R.84W 6th P.M. Tract 60 in Section 27 and 28,T.4S.,R.84W.,6th P.M.,according to Independent Resurvey approved June 10,1922, being originally described and patented as the SE1/4SE1/4 of Sec.28,T4S,RB4W 6th P.M. Excepting from the above all conveyances(of land in fee or easements)to the State of Colorado for I-70,County of Eagle,State of Colorado. 81306A(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land �°AT ULE Title Association. Order No.: H0524556-060-TP1 Policy No.: CO-FFAH-IMP-81306-1-18-H0524556 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Water rights, claims of title to water,whether or not shown by the Public Records. 2. All taxes and assessments for the year 2018 and subsequent years, a lien but not yet due or payable. 3. Reservations contained in the Patent From: The United States of America To: William E.Noecker Recording Date: March 21, 1905 Recording No: Book 48 at Page 271 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. Any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by local customs, laws and decisions of courts. 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. (Affects Tract 60) 4. Reservations contained in the Patent From: The United States of America To: the Heirs of William E.Noecker Recording Date: May 09, 1908 Recording No: Book 48 Page 527 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. Any vested and accrued water rights for mining,agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by local customs, laws and decisions of courts. 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. (Affects Tract 61) 81306B(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMI- members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land ti HOS `E Title Association. Order No.: H0524556-060-TP1 Policy No.: CO-FFAH-IMP-81306-1-18-H0524556 SCHEDULE B (Continued) 5. Reservation by Ruth Rowland of one-half of all mineral rights of whatsoever kind or nature, including, in said exception without limitation to the above,all oil,gas,petroleum,and the derivatives therefrom contained in Warranty Deed recorded January 14, 1966 in Book 191 at Page 155. 6. Any assessment or lien of Greater Eagle Fire Protection District, as disclosed by the instrument recorded April 22, 1976 in Book 245 at Pages 966 and 982. 7. Existing leases and tenancies 8. Right of way for Rule Road. 9. A deed of trust to secure an indebtedness in the amount shown below, Amount: Trustor/Grantor Brobdignag Holdings LLC,A Texas Limited Liability Company Trustee: Public Trustee of Eagle County Beneficiary: Red Mountain Ranch Partnership,LLLP,A Colorado Limited Liability Limited Partnership Loan No.: Unknown Recording Date: October 02,2018 Recording No: 201816887 81306B(6/06) ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMI- members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land ti oDTITLE iwrwN Title Association. - Physical Address Owner_Name In_Care_Of Address2 City State Zip TIMOTHY M.BENEDICKT TRUST-ETAL PO BOX 592 EDWARDS CO 816320592 UNITED STATES OF AMERICA BLM 2300 RIVER FRONTAGE RD SILT CO 81652-8633 RED MOUNTAIN RANCH PTNSHP LTD MERV LAPIN 232 W MEADOW DR VAIL CO 816575079 BROBDIGNAG HOLDINGS LLC 33 LONG CREEK RD AUSTIN TX 78737-9303 TRINITY RED EAGLE DEVELOPMENT LLC 1 E WASHINGTON ST STE 300 PHOENIX AZ 85004-2513 1215 CHAMBERS AVE 1215 CHAMBERS LLC MORNINGSTAR MOUNTAIN PROPERTIES LLC PO BOX 5259 EAGLE CO 816315259 1353 CHAMBERS AVE 1215 CHAMBERS LLC MORNINGSTAR MOUNTAIN PROPERTIES LIC PO BOX 5259 EAGLE CO 816315259 1125 CHAMBERS AVE ILB PARTNERS II LLC RICHARD THAL PO BOX 2214 EDWARDS CO 81632-2214 1119 CHAMBERS AVE YOUNG FAMILY HOLDINGS LLC PO BOX 5113 EAGLE CO 81631-5113 1115 CHAMBERS AVE A101 CHAMBERS LOFTS LLC MORNINGSTAR MTN PROPERTY PO BOX 5259 EAGLE CO 816315259 (C.:ERvices) 2143 Airport Road,Rifle,Colorado 81650 Phone(970)625-0233 Fax(970)625-0232 To whom it may concern, On November 2nd 2019 Redi Services LLC will be setting a Portable Toilet on Rule Road in Eagle, Co for Stumpy's Firewood. While the unit is on location our route driver will maintain it as needed. Thank You, Shelia Radel Office Manager /0-30- I q