HomeMy WebLinkAbout20102387 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING BCV #1000087 AGAINST DORIS
CUNNINGHAM, C/O PEONIO/CAVALIER/MOSSER FOR VIOLATION OF THE WELD
COUNTY CODE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Doris Cunningham, do Peonio/Cavalier/Mosser, BCV #1000087, is
allegedly in violation of the Weld County Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 12th day of October, 2010, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Travis Peonio, Tenant, was present at said hearing and provided testimony,
and was also represented by Attorney Chris Matz, Kumin Sommers, LLP, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until November 12, 2010, to allow adequate time for the property
owner(s) to bring the subject property into compliance by submitting the application paperwork
for a Change of Use permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed
with legal action against Doris Cunningham, do Peonio/Cavalier/Mosser, to remedy the
violation of the Weld County Code, and any other persons occupying the properties, any
persons claiming an interest in the properties, and any persons acting in active concert with the
identified parties, with an instruction for delay of action upon such referral until November 12,
2010, to allow adequate time for the property owner(s) to bring the subject property into
compliance by submitting the application paperwork for a Change of Use permit.
CC '. , VID1 New
ll _ \p- 17 2010-2387
PL0824
VIOLATIONS - BCV#1000087 - CUNNINGHAM, C/O PEONIO/CAVALIER/MOSSER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of October, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: II�' �
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�.: • ademad�ibr, C air
Weld County Clerk to the Bo-11861 ` s)
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y d s :-4 .ara Kirkmeyer, ro-Tem
B � le 1 card t• r q � j'
Dep Clerk the Board
Sean P. o way
VE RM:
Willi F. Gar is
C Attorney
David E. Long
Date of signature: II
2010-2387
PL0824
1
t(frsP
COLORADO
Planning Department
BUILDING VIOLATION CASE SUMMARY
Violation Number: BCV10-00087 Compliance Officer: Peggy Gregory
PRIMARY OWNER: Situs Address: 41450 CR 33
CUNNINGHAM DORIS
Mailing Address: 3967 CREEDMORE LAKES RD
RED FEATHER LAKES, CO 80545
Phone: 970-881-2730
VIOLATION CONTACTS:
John Paul Mosser
235 Walnut Avenue
Eaton CO 80615
970-716-7216
Geoffrey Michael Cavalier
611 30 AV
Greeley CO 80634
Travis Peonio
422 Broadview
Windsor CO 80550
PARCEL:
070702000056-R0021888 Acreage: 3.19
Legal Description: PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R)
LOCATION:
Location: East of and adjacent to County Road 33, North of County Road 84
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
NOTIFICATION INFORMATION:
Certified Date 09/28/2010
Certified Reference Number 7008 3230 0000 0473 2847
Certified Receipt Date 10/05/2010
VIOLATION DESCRIPTION: Change of use and/or work done without a permit/medical marijuana
VIOLATION REMEDY:
A permit application and all applicable documentation shall be submitted for the change of use and/or work
done without a permit, fees paid, the permit issued OR the structure shall be returned to the previous use.
RECOMMENDATION:
Staff recommends the case be referred to the County Attorney's Office for immediate action.
2010-2387
Report ID: CODE00027v003 Page 1 of 2
Print Date -Time: 9/29/2010 3:28:59PM
Wile
COLORADO
Planning Department
BUILDING VIOLATION CASE SUMMARY
WORKFLOW SUMMARY:
Case Initiation 07/01/2010 Initiated
Violation 07/14/2010 Violation Notice Letter
Violation 07/29/2010 Violation Notice Letter
Violation 09/28/2010 Hearing Notification
OTHER CASE HISTORY:
07/22/2010 Phone Call Phone call from John Mosser. He had received my letter stating the NCU
will not be issued due to a building permit not being submitted by
06/30/10. He understood that, if they have an inspection and come
into compliance, they can continue with the marijuana growing
facility. I referred him to Tom Parko who explained that they have
been denied and the facility must be removed.
08/16/2010 Phone Call Phone call to Doris Cunningham. She has a lease/purchase
agreement with Jon Mosser, Travis Leoni, and Jeff Cavalier. She has
agreed they can lease to any legal business.
08/16/2010 Phone Call Left message for John Mosser to call me regarding scheduling
Inspection.
08/19/2010 Phone Call Phone call from Doris Cunningham. She had received my letter and
was concerned about having to get building permits. I told her that
we will schedule an inspection to verify there were no changes in the
building that needs permits and, if not, the case will close.
08/24/2010 Phone Call Phone call to Tina Ottinen. I asked her for contact numbers for the
building owners. She would not give them to me but said she would
call them and ask them to call me.
08/25/2010 Phone Call Phone call to John Mosser. I told him the building official and zoning
compliance officer need to do an inspection to verify the use of the
building. He wanted to know exactly what they would be looking for
because he hasn't changed anything from the previous use. I told
him the building official would review that with him on site.
08/24/2010 Phone Call John Mosser called me. He said he has five patients and is growing
marijuana for those people. He said he spoke with Bruce Barker
directly and he was told they are an exception and can continue
what they are doing. He said they did not do any alterations to the
building when they started. I told him I wouldl need to talk to Ken
Swanson and Tom Parko and would get back with him.
INSPECTION SUMMARY:
Building Inspection 08/30/2010 Noncompliance Ken Swanson
Inspection Result Comment Inspection by Ken Swanson and Bethany Salzman. Building permit required for
change of use. Unit A - a wall separates two units, partial auto storage.
Unit B - storage only, vehicles, shop, garage.
Report ID: CODE00027v003 Page 1 of 2
Print Date -Time: 9/29/2010 3:28:59PM
Kit cil(9
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
1555 N 17`h AVE, Greeley, CO 80631
Website: www.co.weld.co.us
111111 E-mail Address: pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Q Fax: (970) 304-6498
•
COLORADO
September 28, 2010
DORIS CUNNINGHAM GEOFFREY MICHAEL CAVALIER
2967 CREEDMORE LAKES RD 611 30 AV
RED FEATHER LAKES CO 80545 GREELEY CO 80634
JOHN PAUL MOSSER TRAVIS PEONIO
235 WALNUT AV 422 BROADVIEW
EATON CO 80615 WINDSOR CO 80550
Subject: BCV10-00087,
Part of the NW4SW4 of Section 2, T7N, R66W of the 5th P.M., Weld County, Colorado
Dear Mrs. Cunningham, Mr. Mosser, Mr. Cavalier, Mr. Peonio:
The property at 41450 County Road 33 remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on October 12, 2010, at 10:00 a.m. The property is in
violation of the following Sections of the Weld County Code:
Section 29-3-10 "Building permit required."
To bring your property into compliance:
Permit applications and all applicable documentation shall be submitted for change of
use of two buildings, plan reviews completed, fees paid, the permits issued, and all
inspections completed.
This meeting will take place in the County Commissioners Hearing Room, First Floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in
attendance at this meeting to answer any questions the Board of County Commissioners might have
regarding the violation.
The Department of Building Inspection will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that
you were made aware of the nature of the violation, the action necessary to correct the violation,and that you
were given sufficient time to remedy the violation. If you have any questions concerning this matter, please
contact me at the above address, telephone number or e-mail address.
cer y,
Pe;Meg ory I/ U
Building Compliance Officer
pc: BCV10-00087
U.S. Postal Servicemi U.S. Postal Service Era
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Eaton CO 80615 • Complete items 1,2,a Windsor CO 80550 Agent
PS Form 3800.August 2006 See item 4 if Restricted De Addressee
■ Print your name and a_..
so that we can return the card to you. B. Received by(Printed Name) C. Deaf/Delivery
• Attach this card to the back of the mailpiece, j/a ,A; ceo7,7/ 97Wlv
or on the front if space permits.
Weidi ff f b ❑Yes
1. Article Addressed to: If YESa[Vecdeliv9 slow: ❑ No
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WINDSOR CO 80550 3 RECEIVED
❑Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
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4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7008 3230 0000 0473 2816
(Transfer from service lain./ - - ---- _.
PS Form 3811, February 2004 Domestic Return Receipt 702595-02-M-154
6 DEPARTMENT OF PLANNING SERVICES
Building 5N ,Compliance Division 861
1555 N 17�"AVE, Greeley, CO 80631
Website: www.co.weld.co.us
' E-mail Address: pgrecioryco.weld.co.us
co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
September 2, 2010
DORIS CUNNINGHAM GEOFFREY MICHAEL CAVALIER
2967 CREEDMORE LAKES RD 611 30 AV
RED FEATHER LAKES CO 80545 GREELEY CO 80634
JOHN PAUL MOSSER TRAVIS PEONIO
235 WALNUT AV 422 BROADVIEW
EATON CO 80615 WINDSOR CO 80550
Subject: BCV10-00087, Part of the NW4SW4 of Section 2, T7N, R66W of the 6'h P.M., Weld County, Colorado
Dear Property Owners:
On August 30, 2010, an inspection was completed on the property at 41450 CR 33 to determine what building
violations exist in the two structures currently being utilized for, among other things, medical marijuana growing/
processing and miscellaneous storage site.
The property is currently in violation of the following codes:
Chapter 29, Article III, Section 29-3-10 of the Weld County Code— "Building permit required."
Chapter 1, Section 105.1 of the 2006 International Building Code—"Required."
To bring the property into compliance:
Permit applications and all applicable documentation shall be submitted for both
buildings, plan reviews completed, fees paid, the permits issued, and all inspections
completed.
It is the intention of this office to assist and cooperate with you without imposing undue hardship; however,we have no
discretion in this matter if you fail to correct this violation within 14 (fourteen)days from September 2, 2010. Failure to
do so could result in this office scheduling the violation before the Board of County Commissioners to consider whether
to refer the case to the County Attorney's Office for legal action.
Should you have any questions regarding this letter, or if you need any further information, please feel free to contact
me at the above address, telephone number or e-mail address.
cpeerrr--y,
0t- d
0
Peggy Gregory
Building Compliance Officer
pc: BCV10-00087
Kenneth Swanson, Building Official
Bethany Salzman, Zoning Compliance Officer
40*tal;I6 DEPARTMENT OF PLANNING SERVICES
Building 1 Compliance Division
1555 N 17th AVE,, Greeley, CO 80631
Website: www.co.weld.co.us
7 E-mail Address: pgregorv(Thco.weld.co.us
I Phone: (970) 353-6100, Ext. 3568
Fax: (9 O Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
July 29, 2010
DORIS CUNNINGHAM
2967 CREEDMORE LAKES RD
RED FEATHER LAKES CO 80545
GAT LLC
IN HARMONY WELLNESS
41450 CR 33
AULT CO 80610
Subject: BCV10-00087, Part of the NW4SW4 of Section 2, T7N, R66W of the 6t" P.M., Weld County, Colorado
Dear Ms. Cunningham:
It has been determined that the property located at 41450 County Road 33 is currently in violation of the following
Section of the Weld County Code:
Section 29-3-10"Building permit required."
To bring your property into compliance with the Weld County Code:
An inspection shall be scheduled to determine what may be permitted and what must be removed
or changed then a permit application and all applicable documentation shall be submitted for the
change of use and/or work done without a permit, fees paid,the permit issued,and all inspections
completed OR the structure shall be returned to the original use.
It is the intention of this office to assist and cooperate with you without imposing undue hardship; however,we have no
discretion in this matter if you fail to correct this violation within 14(fourteen)days from July 29,2010. Failure to do so
will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer
the case to the County Attorney's Office for legal action.
page two
Should you have any questions regarding this letter, or if you need any further information, please feel free to contact
me at the above address, telephone number or e-mail address.
75,Si
/
�(�hOV
Peggy Gregory
Building Compliance Officer
pc: BCV10-00087
a
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
1555 N 17th AVE, Greeley, CO 80631
' Website: www.comeId.co.us
E-mail Address: pgregory@co.weld.co.us
CPhone: (970) 353-6100, Ext. 3568
O Fax: (970) 304-6498
COLORADO
July 14, 2010
DORIS CUNNINGHAM
2967 CREEDMORE LAKES RD
RED FEATHER LAKES CO 80545
GAT LLC
IN HARMONY WELLNESS
41450 CR 33
AULT CO 80610
Subject: BCV10-00087
Part of the NW4SW4 of Section 2, T7N, R66W of the 6th P.M., Weld County, Colorado
Dear Ms. Cunningham:
On June 28, 2010, you submitted an application for a Non-Conforming Use for medical marijuana growing
facilities in three buildings at41450 County Road 33(Building 2, Unit G; Building 2, Unit H; Building 1, Unit B).
In order for your application to be considered,you were required to submit building permit applications for the
change of use and/or construction completed without a building permit by June 30, 2010. No application was
submitted; therefore, the NCU will not be issued.
The property referenced above is in violation for completing construction without permits as Chapter 29,Article
III, Section 29-3-10 of the Weld County Code states"No building or structure regulated by this Building Code
shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or
demolished unless a separate building permit for each building or structure has been first obtained from the
Building Inspection Department."
To remedy this violation, an inspection shall be scheduled within 10 days from the date of this letter to verify
what may be permitted and what must be removed or changed. If the structure is simply returned to the
original use, no permit will be required but a follow-up inspection shall be completed for verification; however, if
it is determined that some or all of the changes/alterations/electrical may remain,a building permit application
shall then be submitted along with all required documentation,fees paid,the permit issued, and all inspections
completed.
page two
To schedule an inspection of your property, I may be contacted at the above address,telephone number or e-
mail address. You may also contact Ken Swanson, Building Official at 970-353-6100 Ext. 3548.
Sincerely,illetett
"
Peggy Gregory
Building Compliance Officer
pc'. BCV10-00086
Trevor Jiricek, Director of Planning Services
Ken Swanson, Building Official
Tom Parko, Planning Manager
DEPARTMENT OF PLANNING SERVICES
1555 North. 17`h Avenue
Greeley, CO 80631
PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498
W�
COLORADO
June 30, 2010
Gat, LLC
Attn: Tina Valente w/ In Harmony Wellness
41450 CR 33; Bldg2, UnitG
Weld County, Colorado 80603
RE: Non Conforming Use Application for Medical Marijuana.
To Whom It May Concern:
The Department of Planning Services is in receipt of your Non Conforming Use (NCU)
application which was prior to June 30, 2010.
Planning staff will review your application and determine if the property referenced is eligible to
receive a NCU letter. Please be advised that staff has ten (10) business days to review the
application. Following staff review, the applicant will receive a formal letter from the
Department of Planning Services either validating or voiding the application. In the case that the
NCU application is approved you will receive the letter confirming such within three (3) days
following a formal decision.
If you have any questions please feel free to call the Planning Services Department at 970-353-
6100.
Sincerely,
r� f4)
Tom Parko
Planning Manager
Weld County, Colorado
File:
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave Greeley CO 80631
Phone (970)353-6100 x3540 Fax (970)304-6498
NONCONFORMING USE INFORMATION QUESTIONNAIRE
IMPORTANT- Complete all items on both pages. Mark boxes where applicable. I/1 i ct 39 a
OWNER/1 c C3 elk' I LLC- / Y) Aif mr,N V4 L/ L/ 1 /r1z1. .
ADDRESS /� /��� 33 !dc, / r �4
CITY, STATE ZIP CODE p\,,t- 0,O -70-a ID
LEGAL DESCRIPTION - Section , Township N, Range W
Total Acreage of property 3 -"_ Total Acreage of proposed NCU > I
PARCEL IDENTIFICATION NUMBER (/73 7 c, 7 cr3 N i° C' 57.4.-
Specifically (explain):
._ l t rt.14-. .l .i L'�,h L1 7?. L.<\ '. -1-(7 i-i-ri.r, n().-)ty 1,i I1(L..:J
r .(_'Lp L.l ,.t) 77-4 n : (L-76.1 r ,C; i-"7
C'
Date Nonconforming Use Began? , SJ /16/4/
List the attached documentation substantiating the Nonconforming Use:
Lea
How many employees, animals, items, etc.? a
How long have you had this many employees, animals, items, etc.? J inC.R, /0/011
(Attach tax records, time cards, vet bills, sales receipts, pay stubs with dates, etc.)
The following conditions must be met prior to determining a Use as being considered a Nonconforming
Use. I, the undersigned, understand and agree to the following conditions of this Nonconforming Use as
stated in the Weld County Code, Chapter 23, Article VII(7), Section 23-7-30:
PLEASE READ AND INITIAL EACH ITEM:
Extension or Expansion
I verify that the nonconforming use has not been nor shall be enlarged, increased, or extended to
occupy a greater area of land without first having received a Use by Special Review permit
pursuant to the procedure established in Article II, Division 4 of this Chapter. (23-7-30.A.1 -Weld
County Code)
I verify that the nonconforming use has not been nor shall be extended or enlarged by erection of
additional signs intended to be seen from off the premises, or by the addition of other uses which
would be prohibited in the zoning district involved.
Al' I verify that the nonconforming use has not been nor shall be moved in whole or in part to any
portion of the lot or parcel other than that occupied by such use at the effective date of this
nonconforming use
Substitution of USES
TD I understand that a nonconforming use may, as a Use by Special Review be changed to another
use which does not conform to the uses allowed in the zoning district, provided that the Board of
County Commissioners shall find that the proposed use is equally appropriate or more appropriate
to the zoning district and neighborhood than the existing nonconforming use. In permitting such
change, the Board of County Commissioners may require appropriate conditions and safeguards in
accordance with the provisions of this Chapter.
I understand that whenever a nonconforming use is replaced by a permitted use the
nonconforming use may not be reestablished.
Abandonment
I understand that if any such nonconforming use of land ceases for any reason for a period of more
than six months, any subsequent use of such lot or parcel shall conform to the regulations specified
by this Chapter for the zoning district in which such lot or parcel is located.
Print Name: { irk ,j tTl+vz-'Y1
•
Property Address: Al4\Z% L`L. _ LcLun 14
Mailing Address:
City a 0. tole, < :a: Zip Code L'
Signature:( �L'✓a AYI. C,Ltttcnon2
Date: (olZ% TT
SUBSCRIBED AND SWORN to before me this the day of VL L&L , 200D.
WITNESS my hand and official seal.
My Commission Expires:0-1`i Ae
Ry..P�B��� Votary Pry ublic L. C
EeTHANY
5p A4Ai9 'o
ATF tI ...
F
COMMERCIAL LEASE AGREEMENT
This Commercial Lease Agreement (Lease) is entered into on the it's day of May 2010, by and between GAT, LLC
(Landlord) and In Harmony Wellness, Inc. (Tenant). Landlord is the owner of land and improvements whose address
is: 41450 Weld County Road 33, Ault Colorado 80610. Landlord makes available for lease a portion of the Building
designated as Building 2,Unit H(Leased Premises).
Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from
Landlord for the term,at the rental and upon the provisions set forth herein.
THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable
consideration,it is agreed:
Term. tt��
The Initial Term of the Lease shall begin on the IiOivth day of May 2010, and continue on a month-to-month basis.
Landlord may terminate the tenancy or modify the terms of this Agreement by giving thirty(30)days notice to Tenant.
Tenant may terminate the tenancy by giving thirty(30)days notice to Landlord.
Rent.
Tenant shall pay Landlord or Landlord's agent as rent for the Premises the sum of Fifteen Hundred Dollars($1,500.00)
monthly.
The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis.
Tenant shall also pay to Landlord a"Security Deposit"in the amount of Fifteen Hundred Dollars($1,500.00).
Sublease and Assignment.
Tenant shall have the right with Landlord's consent,to assign this Lease to a business with which Tenant may merge or
consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of
substantially all of Tenant's assets.
Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in
whole or in part without Landlord's consent,such consent not to be unreasonably withheld or delayed.
Repairs.
During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs
shall include such items as routine repairs of floors,walls,ceilings, and other parts of the Leased Premises damaged or
worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the
parties otherwise set forth in this Lease.
Alterations and Improvements.
Tenant, at Tenant's expense, shall have the right,upon obtaining Landlord's consent, to remodel,redecorate, and make
additions,improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant
may deem desirable,provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant
shall have the right to place and install personal property, trade fixtures,equipment and other temporary installations in
and upon the Leased Premises, and fasten the same to the premises. All personal property,equipment,machinery,trade
fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or
installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by
Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that Tenant
shall repair,at Tenant's expense,all damage to the Leased Premises caused by such removal.
Property Taxes.
Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming
due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal
property,if any,on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect
to Tenant's personal property at the Leased Premises.
Insurance.
Renters insurance to be maintained by tenant.
Utilities.
Tenant shall pay all charges for water, sewer, gas, electricity,telephone and other services and utilities used by Tenant
on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. In the
event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the
amount due and separately invoice Tenant for Tenant's pro rata share of the charges.
Tenant shall pay such all such utility charges prior to the due date. Tenant acknowledges that the I eased Premises are
designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any
equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, over load
the wiring or interfere with electrical services to other tenants.
Signs.
Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations selected by
Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse
consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise
inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate
with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants
for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting
from the removal of signs installed by Tenant.
Entry.
Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same,provided
Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises.
Parking.
During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord,other tenants of the
Building, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways,
subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the
right to designate parking areas for Tenant and Tenant's agents and employees.
Building Rules.
Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all
of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in
writing.The initial rules for the Building are attached hereto as Exhibit"A"and incorporated herein for all purposes.
Damage and Destruction.
If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural
defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant's agents,
employees or invitees, that the same cannot be used for Tenant's purposes, then Tenant shall have the right within
ninety(90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage.
In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased
Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In
making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes,
governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the
reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the
Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's
purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing
payments, if any,but if no further payments are to be made, any such advance payments shall be refunded to Tenant.
The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond
Tenant's reasonable control and which renders the I rased Premises,or any appurtenance thereto,inoperable or unfit for
occupancy or use,in whole or in part,for Tenant's purposes.
Default.
In the event of a default made by Tenant in the payment of rent when due to Landlord, Tenant shall have fifteen(15)
days after receipt of written notice thereof to cure such default. In the event of a default made by Tenant in any of the
other covenants or conditions to be kept, observed and performed by Tenant, Tenant shall have thirty (30) days after
receipt of written notice thereof to cure such default. In the event that the Tenant shall fail to cure any default within the
time allowed under this paragraph, Landlord may declare the term of this Lease ended and terminated by giving Tenant
written notice of such intention, and if possession of the Leased Premises is not surrendered,Landlord may reenter said
premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to
Landlord on account of any Tenant default,either in law or equity. Landlord shall use reasonable efforts to mitigate its
damages.
Quiet Possession.
Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder,Landlord will keep and
maintain Tenant in exclusive,quiet,peaceable and undisturbed and uninterrupted possession of the Leased Premises
during the term of this Lease.
Condemnation.
If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises
unsuitable for leasing,this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall
account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover
compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall
have any rights in or to any award made to the other by the condemning authority.
Subordination.
Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or
hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions
thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage,deed
of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem
appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this
Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the
Building. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as
Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and
effect (or if there have been modifications,that the same is in full force and effect as so modified),stating the dates to
which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder
(or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as
Landlord shall reasonably require.
Security Deposit.
Landlord shall hold the Security Deposit without liability for interest and as security for the performance by Tenant of
Tenant's covenants and obligations under this Lease, it being expressly understood that Tenant shall not consider the
Security Deposit an advance payment of rent or a measure of Landlord's damages in case of default. Unless otherwise
provided by law or regulation, Landlord may commingle the Security Deposit with Landlord' s other funds. Landlord
may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to
make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any
such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to
restore the Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, Landlord
shall return the balance of the Security Deposit remaining after any such application to Tenant.
Waiver.
No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on
account of such default if such default persists or is repeated,and no express waiver shall affect any default other than
the default specified in the express waiver and that only for the time and to the extent therein stated. One or more
waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant,term or
condition.
Memorandum of Lease.
The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the
request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of
giving record notice of the appropriate provisions of this Lease.
Headings.
The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the
meaning of any provision of this Lease.
Performance.
If there is a default with respect to any of Landlord's covenants,warranties or representations under this Lease, and if
the default continues more than fifteen(15)days after notice in writing from Tenant to Landlord specifying the default,
Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost
thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully
reimbursed for such expenditures, together with interest thereon at a rate equal to the Tenant of 8 percent (%) per
annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord
shall pay the un-reimbursed balance plus accrued interest to Tenant on demand.
Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof This
Agreement may be modified only by a further writing that is duly executed by both parties.
IN WITNESS �F,the partiess have executed this Lease as of the day and year first above written.
! J�ti
Landlor Date
Tenant /Date
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0021888 Parcel#: 070702000056
Tax Area: 0917 Bordering County:
Acres: 3.62
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
' 07 - 66 - 02 - 0 - -
Owners Name &Address: Property Address:
CUNNINGHAM DORIS Street:
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES, CO 80545
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
7/31/2003 $195,000 WD 3091343
Legal Description
PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R)
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Acres 3.62
Land Subtotal: 3.62 $48,508 $3,860
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
2 Out Building
3 Out Building
4 Out Building
Improvements Subtotal: $141,187 $11,240
Total Property Value $189,695 $15,100
Building Details
Account#: R0021888 Parcel#: 070702000056
Owners Name&Address: Property Address:
CUNNINGHAM DORIS Street:
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES, CO 80545
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1955
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=070702... 7/1/2010
Identify Results Page 2 of 2
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1020
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R0021888 Parcel#: 070702000056
Owners Name &Address: Property Address:
CUNNINGHAM DORIS Street:
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES, CO 80545
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1979
Exterior: HVAC: Package Unit
Interior Finish: Built As SQ Ft: 14400
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R0021888 Parcel#: 070702000056
Owners Name&Address: Property Address:
CUNNINGHAM DORIS Street:
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES, CO 80545
Building# Property Type
4 Out Building
Individual Built As Detail
Built As: Shed - Equipment Year Built: 1981
Exterior: HVAC: Package Unit
Interior Finish: Built As SQ Ft: 5926
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=070702... 7/1/2010
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