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Home My WebLink About20100936.tiffiatto COLORADO SITE PLAN REVIEW Administrative Review Planner: Michelle Martin Case Number: Site Plan Review SPR-428 Parcel Number: 1207 23 2030008 Applicant: HOAD INC. a Wyoming Corporation Legal Description: Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, Township 3 North, Range 68 West of the 6th P.M. Weld County, Colorado Zoning: Proposed Use: PUD with C-3 Business Commercial uses and 1-3 Industrial uses Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material Site Plan Review Standards Comments Meets the Intent of the Weld County Code Site Plan Certification YES Retention Facilities Engineering Dept. Per the Department of Public Works referral dated 2/19/09 NO Off-street Parking Per the Department of Public Works referral dated 2/19/09 NO Loading Areas YES Access Per the Department of Public Works referral dated 2/19/09 YES Setback Requirements 25 Feet YES Offset Requirements 10 Feet YES Landscaping YES Trash Collection and Storage YES Potable Water Little Thompson Water District YES Sewage Disposal St. Vrain Sanitation District YES Environment Standards YES Property Maintenance Will need to add additional information to the plat NO 2010-0936 65SeS SPR-428 HOAD INC Partnership Page 1 This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response received 1/12/09. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Mountain View Fire Protection District) The applicant shall attempt to address the requirements (concerns) of the Town of Mead, as stated in the referral response received 1/28/09. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Town of Mead) The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) The applicant shall submit a Private Improvements Agreement according to policy. The applicant shall submit to the Department of Planning Services itemized bids for all improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit evidence that all the work has been completed and approved by County Staff (Department of Planning Services) (Department of Planning Services) The applicant shall address the requirements (concerns) of the Department of Public Works, as stated in the referral response received 2/19/09. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) G. The plat shall be amended to delineate the following: 7' All pages of the plat shall be labeled Site Plan Review SPR-428. (Department of Planning Services) All lines and text on the plat shall be in black ink. (Department of Planning Services) The plat shall focus only on Lot 8 Block 2 of Amended Rademacher Subdivision. (Department of Planning Services) All easements shall be referenced by a reception number and/or book and page. (Department of Planning Services) SPR-428 HOAD INC Partnership Page 2 The Site Plan Review Map shall be prepared in accordance with Section 23-2- 160.V of the Weld County Code. (Department of Planning Services) The General Notes on the plat shall be removed with the exception of the Landscape Area and the road base for Lot 8 notes which shall be moved under the site notes. (Department of Planning Services) 7� All structures shall be located outside of any or all easements. (Department of Planning Services) it A landscape maintenance schedule which specifically states who will perform the maintenance on site and that maintenance is on -going and shall not end upon final acceptance by the Department of Planning Services. (Department of Planning Services) Each parking space shall be equipment with wheel guards or curb blocks. (Department of Public Works) The type, size and color of the washed rock including a weed barrier shall be included on the plat. (Department of Planning Services) The cut sheets for the yard lights shall included on the plat. (Department of Planning Services) The following notes shall be placed on the plat: 1. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. 2. In the event that a portion of the building is proposed to be leased or sold to another party in the future, the applicant shall submit a copy of the lease of sales agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Mountain View Fire Protection District, Weld County Department of Public Health and Environment, and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial and Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 4. Lot 8 Block 2 may utilize the facilities on Lot 7 Block 2 until one or both of the Lots are sold. At that time Site Plan Review (SPR-428) shall be re-evaluated. (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) SPR-423 NB Investments LLC Page 3 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,C.R.S., as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 8. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 9. Any vehicle or equipment washing area shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall operated in accordance with the approved "dust abatement plan" at all times. (Department of Public Health and Environment) 11. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 12. Adequate hand washing and toilet facilities shall be provided for employees and visitors of the facility. (Department of Public Health and Environment) 13. The facility shall utilize the existing public water supply (Little Thompson Water District). (Department of Public Health and Environment) 14. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 16. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 17. All paints, solvents, and other potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 18. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health and Environment) SPR-423 NB Investments LLC Page 4 19. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 20. Building permits will be required for the storage building, paint facility, sand blasting operation and fuel tanks prior to construction. (Department of Building Inspection) 21. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements by Chapter 10. (Department of Building Inspection) 22. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2006 International Building Code; and Chapter 29 of the Weld County Code. (Department of Building Inspection) 23. Each building will require an engineered foundation based on a site -specific geotechnical report or an open whole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 24. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 25. Provide letter of approval from Mountain View Fire Protection District prior any new construction or renovation of any structure. (Department of Building Inspection) 26. Landscaping materials as indicated in the approved Landscape / Screening Plan shall be maintained at all times. (Department of Planning Services) 27. Lighting shall comply with the requirements and standards for off-street parking spaces per Section 23-4-30.E, Section 23-2-250.D and Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services) 28. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 29. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) SPR-423 NB Investments LLC Page 5 • • 30. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 31. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 2. Prior to issuance of the Certificate of Occupancy: A. A final inspection of the occupancy will be required by a member of the Mountain View Fire Protection District. (Mountain View Fire Protection District) 3. Prior to Operation: A. A stormwater discharge permit may be required for a development / redevelopment / construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. (Department of Public Health and Environment) 4. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the date of approval. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Site Plan. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) 6. No activity shall not occur nor shall any building or electrical permits be issued on the property until the Site Plan plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Site Plan Review conditionally approved by: Michelle Martin, Planner II Date: February 24, 2009 SPR-423 NB Investments LLC Page 6 • • Michelle Martin From: Sent: To: Cc: Subject: Clayton D. Kimmi Friday, February 05, 2010 10:37 AM Michelle Martin Marilee Goodrich; Clayton D. Kimmi Final Plat Michelle, Thanks for sending over the final plat for us to review. Public Works finds the final plat acceptable. Before we can record the plat, we need to get an improvements agreement and collateral. After the plat is recorded, they can apply for the grading permit. I have already reviewed everything for the grading permit so it will be a very fast turnaround once the application is received by the Building Department. Thanks Clay 1 Michelle Martin From: Clayton D. Kimmi Sent: Friday, February 05, 2010 10:16 AM To: Michelle Martin Cc: Clayton D. Kimmi Subject: SPR-428 HOAD Attachments: SPR-428 Zeek Partnership Drainage Comments 02-05-10.pdf Michelle, Attached is our memo regarding the final drainage report and construction drawings for SPR-428. I decided that for the sake of consistency that we needed to get an improvements agreement and collateral from them. We have done the same thing for every SPR that I have worked on in Rademacher Park. The hardcopy is in the interoffice mail. Thanks Clay Kimmi, P.E., CFM Drainage and Floodplain Engineer 1111 H Street Greeley, CO 80632 (970) 304-6496 x 3741 1 Weld County Planning uepartmeni GREELEY OFFICE Ffl i15 nar MEMORANDUM RECEIVED TO: Michelle Martin, Planning Dept. DATE: February 5, 2010 FROM: Clay Kimmi, P.E., CFM, Public Works Dept. 4 °IC. SUBJECT: SPR-428; Zeek Partnership (HOAD Site) On February 1, 2010, the applicant submitted a Final Drainage Report that was stamped, signed, and dated by Marilee J Goodrich, P.E. Number 37756. Public Works has reviewed the above mentioned submittal for compliance with the Weld County Drainage Criteria. The final drainage report and final construction drawings appear to be acceptable to Public Works. Public Works has not received a copy of the final plat for review. Prior to recording of the plat and release of the grading permit, the applicant must sign an on -site improvements agreement and post collateral for the on -site improvements to be constructed. Please note that a grading permit will be required prior to construction. An early grading permit will not be issued. Recommendation Original & Email: PC: CC: Michelle Martin, Planning Services SPR-428 Marilee Goodrich, Engineer, 2548 Horseshoe Circle. Longmont, CO 80504 Page I of 1 M'PLANNING — DEVELOPMENT REVIEW\SPR-Site Plan Realew`.SYR-428 Zeek Partnership\SPR-428 Zeek Partnership Drainage Comments 02-05-10 docx t Michelle Martin From: Sent: To: Subject: Marilee, Michelle Martin Tuesday, February 02, 2010 12:55 PM 'Marilee Goodrich' RE: Revised Plans - SPR 428 It appears all the redlines outlined by the planning department have been addressed. You will need to verify that all the concerns of the department of public works have been addressed before you print them on mylar. Thanks. Michelle Martin Planner III 918 10th Street Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 From: Marilee Goodrich [mailto:mgoodrich@comcast.net] Sent: Friday, January 29, 2010 2:36 PM To: Michelle Martin Subject: RE: Revised Plans - SPR 428 Thank you. Here are the drawings as PEG files. Let me know if you need anything else. Marilee J. Goodrich, PE Consulting Engineer 2548 Horseshoe Cir. Longmont, CO 80504 (303) 990-1367 mgoodrich(Ncomcast.net Original Message From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Friday, January 29, 2010 1:58 PM To: Marilee Goodrich Subject: RE: Revised Plans - SPR 428 Yes I passed along the information to Clay today. Could you please send me your drawings in another format JPG TIFF ... Thanks. Michelle Martin Planner III 918 10th Street Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 From: Marilee Goodrich [mailto:mgoodrich@comcast.net] Sent: Friday, January 29, 2010 12:10 PM To: Michelle Martin Subject: RE: Revised Plans - SPR 428 1 • • Michelle, They were created with AutoCAD. Do you need me to send them as a different format? Also. did you get me submittal for Clay yesterday? Thanks! Marilee J. Goodrich, PE Consulting Engineer 2548 Horseshoe Cir. Longmont, CO 80504 (303) 990-1367 mgoodricht comcast.net Original Message From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Friday, January 29, 2010 12:09 PM To: Marilee Goodrich Subject: RE: Revised Plans - SPR 428 Marilee, For some reason I am unable to open the files what program did you use to create them? Michelle Martin Planner III 918 10th Street Greeley, CO 80631 mmartinPco.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 From: Marilee Goodrich [mailto:mgoodrich@comcast.net] Sent: Wednesday, January 27, 2010 9:03 PM To: Michelle Martin Subject: Revised Plans - SPR 428 Michelle, Attached are the revised plans per your comments dated January 27, 2010. Please let me know if you have any questions or need anything further. Thanks! Marilee J. Goodrich, PE Consulting Engineer 2548 Horseshoe Cir. Longmont, CO 80504 (303) 990-1367 mgoodrich(cr�comcast.net 2 RECEIVED Marilee J. Goodrich, PE Consulting Engineer 2548 Horseshoe Circle Longmont, Colorado 80504 303-990-1367 January 27, 2010 Mr. Clay Kimmi, P.E., CFM Weld County, Public Works Department 1111 H Street P.O. Box 758 Greeley, Colorado 80632 FEB — 1 2010 $W co,mtr Pubic wwks uvam. RE: SPR-428 Lot 8, Block 2 — Amended Plat for Rademacher Business Park P.U.D. Final Drainage Report Dear Mr. Kimmi: Transmitted herewith is Addendum 1 for the Final Drainage Report for Lot 8, Block 2 of the Amended Plat of Rademacher Business Park P.U.D., per your comments dated January 21, 2010. The following is in response to your comment letter: 1. The calculations for the rock lined swales indicate that the rock size was determined utilizing equation MD -13 from the Drainage Criteria Manual. Table MD -10 from the same manual shows that the minimum riprap size that can be used is VL (D50 = 6 inches). Please revise the calculations in the drainage report to indicate size VL is to be utilized. Please revise the details shown on sheet 6 of 8 to show that VL sized riprap will be utilized for sections A -A ' and B -B'. Per our phone conversations and email correspondence, Section A -A has been revised to indicate size VL riprap. The revised calculations are included. Section B -B has not been revised; HEC-15 allows the use of 1 '/:" rock (see attached). 2. Please provide granular bedding designs for the channels shown in sections A -A' and B- B'. Please reference Section 4.4.4 of the Major Drainage Chapter of the Drainage Criteria Manual for information on the design of the granular bedding. Please show the granular bedding criteria on sheet 6 of 8. Section A -A on Sheet 6 of 8 has been revised to show granular bedding. The calculations are included in this Addendum. 3. Please show stability calculations for the riprap lined swales in the drainage report. Please reference Table MD -2 for the criteria to be utilized for the calculations. See attached. 4. On sheet 6 of 8, Rip -Rap Pad detail, please identify the D50 riprap size. Please ensure that calculations for the sizing of the riprap pad for the rundown is included in the drainage report. The rip -rap pad detail has been revised to identify the D50 size. See attached for calculations. 5. Please note that the Weld County Drainage Code requires a minimum of 2 foot of freeboard for riprap lined trapezoidal channels such as the ones shown for sections A -A' and B -B'. Please contact Clay Kimmi at 970-304-6496 x 3741 if it is not feasible to provide the required amount of freeboard Per our phone conversation on January 21, the freeboard for Section B -B has been revised to 1 feet. Also included in this Addendum is a copy of the approved construction stormwater permit from the Colorado Department of Public Health and Environment. If you should have any questions or comments, please feel free to contact me at 303-990-1367. Sincerely, Marilee J. Goodrich, PE Consulting Engineer 2548 Horseshoe Circle Longmont, Colorado 80504 303-990-1367 January 15, 2010 Ms. Michelle Martin Planner III 918 10th Street Greeley, Colorado 80631 RE: SPR-428 Lot 8, Block 2 — Amended Plat for Rademacher Business Park P.U.D. Revised Site Plan and Final Drainage Report Dear Ms. Martin: Transmitted herewith are three (3) copies of the revised Site Plan and Final Drainage Report for Lot 8, Block 2 of the Amended Plat of Rademacher Business Park P.U.D. Also included with the Final Drainage Report is a copy of the as -built for the detention pond located on Lot 5 of the Rademacher Business Park. This as -built is signed and stamped by a Colorado licensed Professional Engineer. As we have discussed, this submittal was previously made on October 12, 2009 to Mr. Kim Ogle, and has been misplaced. This submittal addresses comments made by Mr. Clay Kimmi of the Weld County Public Works Department dated August 17, 2009. We appreciate any help you can provide in getting this submittal reviewed in a timely manner due to the three-month delay we have experienced because our October 12`h submittal was misplaced. The owner, HOAD, Inc., is ready to move into their adjacent office building and needs to move forward as quickly as possible to complete this storage yard. If you should have any questions or comments or need anything further, please feel free to contact me at 303-990-1367. Sincerely, ADDENDUM I FINAL DRAINAGE REPORT FOR SPR-428 (LOT 8, BLOCK 2 - RADEMACHER BUSINESS PARK) JANUARY 2010 Prepared for: HOAD, INC. 13025 Weld County Road 16 P.O. Box 168 Ft. Lupton, Colorado 80621 303-857-0956 Kt1tX4\I du rvt 0,61.6-A1 Pow T'/ -- SIvAtE Secr1QA/__ ()to=,2l,09 CF5 V 3,Go/ Ft -/S Cleo asri r) s` = /.6---00/0 a s UDFO Cr.l 712'A AvIN60t 441>-/0 V 5°.11 (G5— 1) 0.i7 3, (PI (0,010 = 1,35 Gs-z,5-- 3, NIE-1(:c4 Go --- bs) 7" iUz-ti6'f* ? a.O,xcl , > a.0(Cr) 12.1' 1A6 i 12' r:O,-7 —7 rr_om 1 k C MD- 0- (2, u pFC0 CIIt i W MM m ~AA& M/W /wt./14 13 -FL -4.)/ iv & 7/ f ac- ve5s - Th vt STABILITY CHECK (n=0.030) Worksheet for Triangular Channel Project Description Project File Worksheet Flow Element Method Solve For c:\docume-1\owner\my documents \marilee\hoad\drng-rev.fm2 DP 4 (BASINS 7B, 8C, 9A, 10C) - 100 YR Triangular Channel Manning's Formula Channel Depth Input Data Mannings Coefficient Channel Slope Left Side Slope Right Side Slope Discharge 0.03d 1.50 % 5.00 H : V 5.00 H : V 21.09 cfs Results Depth Flow Area Wetted Perimeter Top Width Critical Depth Critical Slope tVelocity Velocity Head Specific Energy Fronde Number Flow is subcritical. 1.04 ft 5.44 ft2 10.63 ft 10.43 ft 1.02 ft 0.016848 ft/ft 3.88 ft/s 0.23 ft 1.28 ft 0.95 01/21/10 FlowMaster v5.11 04:45:08 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1 by 't -lN vwrl 1 V. JL .il U STAEDTLER" 5I GN F0/NT - •n/pvh/N TD.651&N Q100 = . 2 0, (o`f Cr-5 bRop = *9c'I-'195/ /O' `, S t� = 23,E /( hrS77 cE = 4/3' / /'- r'M (iD 1 017) CRITFIel4 I4,4NuAL. , VOL. /1, ftWeeluL/c S7ie ec ZG . r dV c X14,4 /A// 'S "1 „ (.45/N6 Ft e.;W?' I -3 yc ; !.81' 1 D,(p5 D5,0 (,2S' ,tPT"H = alto/ (5Ee OETE2/ ilve ,€O(L s/ze D. ? s • (SG -I) P6YNot.d5 Re NuMP2 Re= 2,39 f.Z5" I,217,IQ' Re = 2.5X105- F-oM TA&3ce (0,1 J o urPY.! r) US//VG 1 -/CC f 6cQu,7•loN 10,e 5F = sir r c7v/ d = DEPT -1, --6 = Sz-t9PE, ff/ff '5 PAlg-'APte s G-cP(t/f-lC 60e vrTY V+ _,%3dSo 9.z,3Z2 (5 Ve 7 432,2 COi7to}(o.Z133) = 2.35 =1. zr1x to 9 ,�- = 0.15 D ? l,5•(0.7(0r1.Z3'S) I.zI (APT (2.5-f) rapt1, /DEW4 (�o t 9" rte/ iZc = 0'8!' +0.75' =Lc'J leiRgAp PAD OfiCaNI L JGT = 3X W L - 3 C7') - .2-1/ w/D7 I /2' = $T1Dovt InrIDTH 5F -z /, 5' /(456 / W= TOPW(DT W orFW:WW 7/ Cse6 ou rpti -) o, petelvTioN poND LOT 8, BLOCK 2 RADEMACHER BUSINESS PARK Worksheet for Trapezoidal Channel Project Description Project File Worksheet Flow Element Method Solve For c:\docume-1\owner\my documents\marilee\hoad\drng-rev.fm2 DP 5 - RUNDOWN DESIGN - TRAPEZOIDAL Trapezoidal Channel Manning's Formula Channel Depth Input Data Mannings Coefficient Channel Slope Left Side Slope Right Side Slope Bottom Width Discharge 0.100 23.30 % 2.00 H : V 2.00 H : V 4.00 ft 20.64 cfs Results Depth Flow Area Wetted Perimeter Top Width Critical Depth Critical Slope Velocity Velocity Head Specific Energy Froude Number Flow is supercritical. 0.76 ft 4.20 ft2 7.40 ft 7.04 ft 0.81 ft 0.181973 ft/ft 4.92 0.38 1.14 1.12 ft/s ft ft 01/26/10 FlowMaster v5.11 03:39:09 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1 71 IJI/C.► v I./'- I I 14/4, -??6.- 74 ,100"i' --CF p ---- (3, 0-5 a �� (.!;(50 o(4WU7" ) terce-4-11 N E f2oC - Gi z rA', f r4 & 116f, LGN �, g 1J�,? 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USC COOT et/1-5 5`„ DPANAfbe 6&oT c77 t o t&U)W STABILITY CHECK (n=0.030) Worksheet for Triangular Channel Project Description Project File c:\docume-1 \owner\my documents\marilee\hoad\drng-rev.fm2 Worksheet BASIN P1 - SWALE SECTION - 100 YR Flow Element Triangular Channel Method Manning's Formula Solve For Channel Depth Input Data Channel Slope Left Side Slope Right Side Slope Discharge aces 1 0.94 % 5.00 H : V 5.00 H : V 1.40 cfs Results Depth 0.41 ft Flow Area 0.85 ft2 Wetted Perimeter 4.20 ft Top Width 4.12 ft Critical Depth 0.34 ft Critical Slope 0.024188 ft/ft Velocity 1.65 ftis Velocity Head 0.04 ft Specific Energy 0.45 ft ' Froude Number 0.64 Flow is subcritical. 01/21/10 FlowMaster v5.11 04:45:38 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1 1 SIGN PO/n/-r- (O -- 'RuNpown! De -516A/ 1, ACa cF-5 D oPt-- - 496/ / - 7,5 � s) 27,5 bfSTi v 27,-5' PI oM uDF2 , 6..12_17-61- 1 A M mivuA., oar li, H YOgAu c. lG S17 tc772e_ES Priv° Ml4M'iAd5 "r)" u5I N C; FIG -' a /15-- 0.321 C zi3 050 0:75' a.= 0.10 D 7-/ = D. 3I ` Csee- OurPur) peregm e (�i7GK. SIZE U'I IQ G H'EC i g 6QUATI0N 67 (8 F CSG"1) 114o14b'5 R e = V, Dso IV°uM J Re = 1.(A(0,15) I 1O5 I'zllnlo-9 5F'= 54FETy FACT0(2. d - Wd, ft F = 5ftie.o5 t'A (- SG = SP6C Fic c; A v}T)" V . _ J d. 50 9 = 3z.z.1-+ t1 N.1(32.z)(o.1)6az s v,. 1.(p 1, Z 1"1 X10-1- ct2f 5 rizOM 7 eP,LE,to, 1 = d, C? gCo p50 ≥ t, 1cf Co.3)(O.Z75) - 0.75 Qo8(o(2.5-1 ) ram Del, 7W = -f- 694 = 0.3z/ 4-U'.-75 ,1 P1P PAD o5(6ti _ L nr&7` Y 3$ A/ w= P WW O iu . - 3C2.25')=62,75. (SC°'ur) Give LA. so' .crap =- id' 9 Colorado Department of Transportation Physical Requirements for Drainage Geotextiles 712.08 Table 712-3 PHYSICAL REQUIREMENTS FOR DRAINAGE GEOTEXTILES Property Class A' Class B2 Test Method Grab Strength, N (Ibs) 800 (180) 360 (80) ASTM D 4632 Seam Strength, N (Ibs)' 710 (160) 310 (70) ASTM D 4632 Puncture Strength, N (Ibs) 360 (80) 110 (25) ASTM D 4833 Trapezoid Tear, N (Ibs) 225 (50) 110 (25) ASTM D 4533 Apparent Opening Size (AOS) ASTM D 4651 US Std Sieve AOS less than 0.297 mm (greater than No. 50 sieve) Permeability, cm/s° k fabric>k soil ASTM D 4491 for all classes Ultraviolet Degradation at 500 hours 50% strength retained for all classes ASTM D 4355 ' Class A drainage geotextiles are used where installation stresses are more severe than for Class B applications, i.e. very coarse sharp angular aggregate is used, a heavy degree of compaction (95% AASHTO T 99) is specified or depth of trench is greater than 10 feet) 2 Class B drainage geotextiles are used with smooth graded surface having no sharp angular projections and sharp angular aggregate is not used; compaction requirements are light (>95% AASHTO T 99), and trenches are less than 10 feet) in depth 3 Values apply to both field and manufactured seams, if required. ° A nominal coefficient of permeability may be determined by multiplying permittivity value by nominal thickness. The k value of the fabric should be greater than the k value of the soil. 662 P Urban Drainage and Flood Control District Drainage Criteria Manual Urban Drainage and Flood Control District Drainage Criteria Manual DRAINAGE CRITERIA MANUAL (V. 1) MAJOR DRAINAGE the tributary watershed. The designer should also be aware of the erosion potential created by constriction and poorly vegetated areas. An example is a bridge crossing over a grassed major drainage channel, where velocities increase as a result of the constriction created by the bridge, and bank cover is poor due to the inability of grass to grow in the shade of the bridge. In such a situation, structural stabilization, such as riprap, may be needed. Another aspect of erosion control for major drainage channels is controlling erosion during and after construction of channel improvements. Construction of channel improvements during times in the year that are typically dryer can reduce the risk of erosion from storm runoff. Temporary stabilization measures including seeding and mulching and erosion controls such as installation and maintenance of silt fencing should be used during construction of major drainage improvements to minimize erosion. 3.2.7 Summary of Preliminary Design Guidance Table MD -2 summarizes the guidance for the preliminary design of man-made channels discussed above. This guidance is for simple trapezoidal shapes to approximate alignment and geometry. Final design of man-made channels of a more complex nature will be discussed in Section 4.0. Table MD -2 —Trapezoidal Channel Design Guidance/Criteria Design Item Major Drainage Chapter Section Criteria for Various Types of Channel Lining Grass: Erosive Soils Grass: Erosion Resistant Soils Riprap Concrete Maximum 100-yr velocity 3.2.1 5.0 fUsec 7.0 ft/sec 12.0 ft/sec 18.0 fUsec Minimum Manning's n —stability check Table MD -3 0.03 0.03 0.03 0.011 Maximum Manning's n —capacity check Table MD -3 0.035 0.035 0.04 0.013 Maximum Froude number 3.2.1 0.5 0.8 0.8 N/A Maximum depth outside low -flow zone 3.2.2 5.0 ft 5.0 ft n/a N/A Maximum channel longitudinal slope 3.2.3.1 0.6% 0.6% 1.0% N/A Maximum side slope 3.2.3.2 4H:1V 4H:1V 2.5H:1V 1.5H:1V 4 Minimum centerline radius for a bend 3.2.4 2 x top width 2 x top width 2 x top width 2 x top width Minimum freeboard 3.2.5 1.Oftt 1.0 ft' 2.Oftt 2.Oft2 ' Suggested freeboard is 2.0 ft to the lowest adjacent habitable structure's lowest floor. 2 For supercritical channels, use the freeboard recommended in Section 4.3.1.5 for final design. 3 Add superelevation to the normal water surface to set freeboard at bends. Side slopes may be steeper if designed as a structurally reinforced wall to withstand soil and groundwater forces. 3.2.8 Maintenance Eligibility The minimum design criteria requirements below must be satisfied as of June 2001 for a major drainage channel to be eligible for District maintenance assistance. Note that the District's Maintenance Eligibility Guidelines may change with time. The reader is directed to the District's Web site (www.UDFCD.orq) for Rev. 04/2008 Urban Drainage and Flood Control District MD -27 DRAINAGE CRITERIA MANUAL (V. 1) MAJOR DRAINAGE Table MD -7 —Classification and Gradation of Ordinary Riprap Riprap Designation % Smaller Than Given Size by Weight Intermediate Rock Dimensions (inches) dso (inches)* Type VL 70-100 50-70 35-50 2-10 12 9 6 2 6** Type L 70-100 50-70 35-50 2-10 15 12 9 3 9** Type M 70-100 50-70 35-50 2-10 21 18 12 4 12** Type H 70-100 50-70 35-50 2-10 30 24 18 6 18 Type VH 70-100 50-70 35-50 2-10 42 33 24 9 24 * d50= mean particle size (intermediate dimension) by weight. ** Mix VL, L and M riprap with 35% topsoil (by volume) and bury it with 4 to 6 inches of topsoil, all vibration compacted, and revegetate. Basic requirements for riprap stone are as follows: • Rock shall be hard, durable, angular in shape, and free from cracks, overburden, shale, and organic matter. • Neither breadth nor thickness of a single stone should be less than one-third its length, and rounded stone should be avoided. • The rock should sustain a loss of not more than 40% after 500 revolutions in an abrasion test (Los Angeles machine—ASTM C-535-69) and should sustain a loss of not more than 10% after 12 cycles of freezing and thawing (AASHTO test 103 for ledge rock procedure A). • Rock having a minimum specific gravity of 2.65 is preferred; however, in no case should rock have a specific gravity less than 2.50. 4.4.1.2 Grouted Boulders Table MD -8 provides the classification and size requirements for boulders. When grouted boulders are used, they provide a relatively impervious channel lining which is less subject to vandalism than ordinary riprap. Grouted boulders require less routine maintenance by reducing silt and trash accumulation and Rev. 04/2008 MD -61 Urban Drainage and Flood Control District MAJOR DRAINAGE DRAINAGE CRITERIA MANUAL (V. 1) In addition to the freeboard height calculated using Equation MD -12, add the height of estimated standing waves and/or other water surface disturbances and calculate total freeboard. In all cases, the riprap lining shall be extended above the flow depth to provide freeboard. 4.4.3 Roughness Coefficient The Manning's roughness coefficient, n, for a riprap-lined channel may be estimated for ordinary riprap using: n = 0.0395d51/06 (MD -14) In which, d50= the mean stone size in feet This equation does not apply to grouted boulders or to very shallow flow (where hydraulic radius is less than, or equal to 2.0 times the maximum rock size). In those cases the roughness coefficient will be greater than indicated by Equation MD -14. 4.4.4 Bedding Requirements The long-term stability of riprap erosion protection is strongly influenced by proper bedding conditions. A large percentage of all riprap failures is directly attributable to bedding failures. Properly designed bedding provides a buffer of intermediate -sized material between the channel bed and the riprap to prevent channel particles from leaching through the voids in the riprap. Two types of bedding are in common use: (1) a granular bedding filter and (2) filter fabric. 4.4.4.1 Granular Bedding Two methods for establishing gradation requirements for granular bedding are described in this section. The first method, a single or two -layer bedding that uses Type I and II gradations, is shown in Table MD - 11 and is adequate for most ordinary riprap and grouted riprap applications. The second utilizes a design procedure developed by Terzaghi, which is referred to as the T -V (Terzaghi-Vicksburg) design (Posey 1960, USACE 1970). The T -V filter criteria establish an optimum bedding gradation for a specific channel soil. The latter requires channel soil information, including a gradation curve, while the Type I and Type II bedding specifications given in Table MD -11 and Figure MD -13 are applicable whether or not soil information is available. MD -66 04/2008 Urban Drainage and Flood Control District DRAINAGE CRITERIA MANUAL (V. 1) MAJOR DRAINAGE Table MD -11 —Gradation for Granular Bedding U.S. Standard Sieve Size Percent Weight by Passing Square -Mesh Sieves Type 1 CDOT Sect. 703.01 Type II CDOT Sect. 703.09 Class A 3 inches -- 90-100 1% inches -- -- % inches --- 20-90 3/8 inches 100 -- #4 95-100 0-20 #16 45-80 -- #50 10-30 #100 2-10 -- #200 0-2 0-3 The Type I and Type II bedding specifications shown in Table MD -11 were developed using the T -V filter criteria and the fact that bedding which will protect an underlying non -cohesive soil with a mean grain size of 0.045 mm will protect anything finer. Since the T -V filter criterion provides some latitude in establishing bedding gradations, it is possible to make the Type I and Type II bedding specifications conform with Colorado Division of Highways' aggregate specifications. The Type I bedding in Table MD -11 is designed to be the lower layer in a two -layer filter for protecting fine-grained soils and has a gradation identical to Colorado Department of Transportation's (CDOT's) concrete sand specification AASHTO M-6 (CDOT Section 703.01). Type II bedding, the upper layer in a two -layer filter, is equivalent to Colorado Division of Highways' Class A filter material (Section 703.09 Class A) except that it permits a slightly larger maximum rock fraction. When the channel is excavated in coarse sand and gravel (50% or more of coarse sand and gravel retained on the #40 sieve by weight), only the Type II filter is required. Otherwise, a two -layer bedding (Type I topped by Type II) is required. Alternatively, a single 12 -inch layer of Type II bedding can be used, except at drop structures. For required bedding thickness, see Table MD -12. At drop structures, a combination of filter fabric and Type II bedding is acceptable as an alternative to a two -layer filter. Table MD -12 —Thickness Requirements for Granular Bedding Riprap Designation Minimum Bedding Thickness (inches) Fine -Grained Soils • Coarse -Grained Soils - Type I Type II Type II VL(dso=6in),L(dam=9in) 4 4 6 M(d5,=12 in) 4 4 6 H(d50=18 in) 4 6 8 VH(d50=24 in) 4 6 8 May substitute one 12 -inch layer of Type II bedding. The substitution of one layer of Type II bedding shall not be permitted at drop structures. The use of a combination of filter fabric and Type II bedding at drop structures is acceptable. Fifty percent or more by weight retained on the # 40 sieve. Rev. 04/2008 Urban Drainage and Flood Control District MD -67 MAJOR DRAINAGE DRAINAGE CRITERIA MANUAL (V. 1) The specifications for the T -V reverse filter relate the gradation of the protective layer (filter) to that of the bed material (base) by the following inequalities: Dis(filler) ≤ 541x5(baee) 4d)5( base) D)5( filter) 20di5(base) D50(filter)25d50(base) (MD -15) (MD -16) (MD -17) in which, the capital "D" and lower case "d' refer to the filter and base grain sizes, respectively. The subscripts refer to the percent by weight, which is finer than the grain size denoted by either D or d. For example, 15% of the filter material is finer than D,5r°nee and 85% of the base material is finer than des(base). Application of the T -V filter criteria is best described using an example provided in Section 4.4.8. 4.4.4.2 Filter Fabric Filter fabric is not a substitute for granular bedding. Filter fabric provides filtering action only perpendicular to the fabric and has only a single equivalent pore opening between the channel bed and the riprap. Filter fabric has a relatively smooth surface, which provides less resistance to stone movement. As a result, it is recommended that the use of filter fabric be restricted to slopes no steeper than 3H:1 V. Tears in the fabric greatly reduce its effectiveness; therefore, direct dumping of riprap on the filter fabric is not allowed, and due care must be exercised during construction. Nonetheless, filter fabric has proven to be a workable supplement to granular bedding in many instances, provided it is properly selected, installed and not damaged during installation. At drop structures and sloped channel drops, where seepage forces may run parallel to the fabric and cause piping along the bottom surface of the fabric, special care is required in the use of filter fabric. Seepage parallel with the fabric must be reduced by folding the edge of the fabric vertically downward about 2 feet (similar to a cutoff wall) at 12 -foot intervals along the installation, particularly at the entrance and exit of the channel reach. Filter fabric has to be lapped a minimum of 12 inches at roll edges, with upstream fabric being placed on top of downstream fabric at the lap. Fine silt and clay has been found to clog the openings in filter fabric. This prevents free drainage, increasing failure potential due to uplift. For this reason, a double granular filter is often more appropriate bedding for fine silt and clay channel beds. See Figure MD -14 for details on acceptable use of filter fabric as bedding. 4.4.5 Channel Cross Section 4.4.5.1 Side Slopes For long-term maintenance needs, it is recommended that riprap channel linings be used only as toe protection in natural channel and in low -flow channel portion of an engineered channel, but not on the MD -68 04/2008 Urban Drainage and Flood Control District DRAINAGE CRITERIA MANUAL (V. 1) MAJOR DRAINAGE NOTE: Always place fabric starting downstream 12'minimum and work upstream 4" minimum Type II bedding material Soil Flow Staples \12rminimum Riprap Fabric (e) TYPICAL LAP DETAIL AND FILTER FABRIC PLACEMENT Concrete wall 6rrType II bedding Staples Figure MD -14 --Filter Fabric Details Compact Backfill to 95%standard proctor LAP DETAIL -"Filter Fabric 12" Radius Type II bedding (c) RELIEF DRAIN DETAIL 12"minimum (all sides) Rev. 04/2008 MD -89 Urban Drainage and Flood Control District Approved CDPHE Stormwater Permit STATE OF COLORADO Sin Ritter, Jr., Governor James S. Martin, Executive Director Dedicated to protecting and Improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver. Colorado 80246.1530 Phone (303) 692-2000' TOD Line (303) 691-7700 Located in Glendale, Colorado http://www.cdphe.slate.co.us October 20, 2009 Lahoralory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Matt Goodrich, VP/GM HOADInc PO Box 168 Fort Lupton , CO 80621 RE: Certification, Colorado Discharge Permit System Permit No., COR030000, Certification Number: COR03F667 Colorado Department of Public Health and Environment Dear Mr./Ms. Goodrich; The Water Quality Control Division (the Division) has reviewed the application submitted for the HOAD Storage Yard facility and determined that it qualifies for coverage under the CDPS General Permit for Stormwater Discharges Associated with Construction (the permit). Enclosed please find a copy of the permit certification, which was issued under the Colorado Water Quality Control Act. Facility: HOAD Storage Yard Legal Contact: Matt Goodrich VP/GM Facility Contact: Matt Goodrich VP/GM Weld County Phone number: 303-549-9204 Email: mgoodrich@hoadinc.com Phone number: 303-549-9204 Email: mgoodrich@hoadinc.com Matt Goodrich is the legal contact for this certification, as shown above. The legal contact receives all legal documentation pertaining to the permit certification, including invoices. Matt Goodrich is the local contact as listed above. This entity will be contacted for general inquiries regarding the facility. The Annual Fee for this certification is $245.00 is invoiced every July. Do Not Pay This Now. The initial prorated invoice will be sent to the legal contact shortly. Please read the enclosed permit and certification. If you have any questions please contact Kathy Rosow, Environmental Protection Specialist, at (303) 692-3521. Sincerely, Debbie Jessop, Administrative Assistant WATER QUALITY CONTROL DIVISION Enclosures: Certification page; General Permit; Highlight Sheet; Termination Form xc: Regional Council of Government Weld County, Local County Health Department D.E., Technical Services Unit, WQCD Permit File • S (441 HO -AD June 19, 2009 Ms. Michelle Martin Planner Weld County Department of Planning Services 918 10th St Greeley, CO 80631 An Employee Owned Company Subject: Rademacher Business Park -Block 2, Lot 7, Number of Employees utilizing the facility. Dear Ms. Martin: As it has been brought to our attention that the septic system for the building located on Lot 7 of Rademacher Business Park -Block 2, has only been designed for the flows of an occupancy of 43 people, we will limit our employee count at said facility to 43 people until such time we can go on a public sewer system or re -engineer the existing system to handle a greater capacity. Should you or your staff have any further questions regarding the functionality of our business or the intended use of the property, please feel free to contact me at (303) 718-5014. Sincerely, HOAD, Inc. Matt Goodrich Vice President & General Manager HOAD, Inc. 13025 WCR N16 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 Page 1 of 1 Michelle Martin From: Lauren Light Sent: Thursday, June 11, 2009 1:57 PM To: Michelle Martin Subject: SPR-428 I have reviewed the letter from HOAD, Inc. dated June 8, 2009. All of Environmental Health items that were required prior to recording the plat have been addressed. The storm water discharge permit is not required prior to recording but you might want to tie it to either issuance of a building permit or prior to operation. Plat note 15 requires a stormwater discharge permit, if applicable. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 6/15/2009 • HO AD June 8, 2009 Ms. Michelle Martin Planner Weld County Department of Planning Services 918 10th St Greeley, CO 80631 An Employee Owned Company Subject: Rademacher Business Park -Block 2, Lot 8, SPR-428 Dear Ms. Martin: The following are responses to the Weld County Planning Department Site Plan Review Comments for SPR-428: 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: A. The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated I the referral response received 1/12/09. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Mountain View Fire Protection District) • All Building and processes will be in accordance with the provisions of the 2006 Edition of the International Fire Code, as ratified by the Weld County Commissioners • We have removed the above ground diesel storage tank from our plan and will utilize one of our truck mounted tanks to fuel our forklifts. • NA • NA • Building Plans and Fire Suppression System plans have been provided for the review of the Mountain View Fire Protection District. The building is a modular structure and will be sealed by the Colorado State Division of Housing. • We will receive the applicable final inspection prior to utilizing said property. B. The applicant shall attempt to address the requirements (concerns) of the Town of Mead, as stated in the referral response dated 1/28/09. Evidence of such shall be submitted in writing to the Weld County Planning Department of Planning Services (Town of Mead) ROAD, Inc. 13025 WCR #16 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 • We would be agreeable to being annexed into the Town of Mead at such time that the corporate limits or other annexation actions are contiguous or adjacent to the property. • We are not agreeable to a single access serving both lots as Lot 7 has already been set up with 2 access points. With the larger buildings that we ship, the smaller access on Lot 7 is a safety hazard to the employees cars parked in the parking lot. Therefore we would request to keep the parking lot access on Lot 7, and maintain the cul-de-sac access off of Kings Court between Lot 7 and Lot 8. C. The applicant shall submit evidence of an Air Pollution Emissions Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Public Health and Environment) • Attached with this submittal is a copy of the APEN application submitted to the Colorado Department of Health and Environment. D. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) • The aboveground diesel storage tank has been removed from the site plan and will NOT be installed, therefore eliminating this requirement. Forklifts will be fueled from service trucks vs an onsite storage tank. E. The applicant shall submit a Private Improvements Agreement according to policy. The applicant shall submit to the Department of Planning Services itemized bids for all improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review Plat. Or the applicant may submit evidence that all the work has been completed and approved by County Staff (Department of Planning Services) (Department of Planning Services) • All site work will be completed prior to operation and a member of the Weld County Planning Services Department will be contacted for inspection prior to recording of said plat. F. The applicant shall address the requirements (concerns) of the Department of Public Works, as stated in the referral response received 2/19/09. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) • See attached response from our Engineer. G. The Plat shall be amended to delineate the following: 1. All Pages of the plat shall be labeled Site Plan Review SPR-428. (Department of Planning Services) • See attached plat 2. All lines and text on the plat shall be in black ink. (Department of Planning Services) HOAD, Inc. 13025 WCR #16 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 • See attached plat 3. The plat shall focus only on Lot 8 Block 2 of Amended Rademacher Subdivision. (Department of Planning Services) • See attached plat 4. All easements shall be referenced by a reception number and/or book and page. (Department of Planning Services) • See attached plat 5. The Site Plan Review Map shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. (Department of Planning Services) • See attached plat 6. The General Notes on the plat shall be removed with the exception of the Landscaped Area and the road base for Lot 8 notes which shall be moved under the site notes. (Department of Planning Services) • See attached plat 7. All structures shall be located outside of any or all easements. (Department of Planning Services) • Easements have been delineated and labeled and structures located outside of Easement areas. 8. A landscape maintenance schedule which specifically states who will perform the maintenance on site and that maintenance is on -going and shall not end upon final acceptance by the Department of Planning Services. (Department of Planning Services) • HOAD, Inc. will utilize internal personnel to perform weekly maintenance of said property, keeping the landscaped areas free of weeds, as well as keeping the storage area free of weeds and debris. Time will be spent every Friday afternoon to pick up any debris that may be on the site, as well as to remove any weeds that may penetrate the barrier fabric placed in the landscaped areas. This activity will continue weekly while HOAD, Inc. owns the property. 9. Each parking space shall be equipped with wheel guards or curb blocks. (Department of Planning Services) • Curb blocks have been added to the site plan and will be installed. 10. The type, size, and color of the washed rock including weed barrier shall be included on the plat. (Department of Public Works) • See attached plat 11. The cut sheets for the yard lights shall included on the plat. (Department of Planning Services) • See attached plat H. The following notes shall be placed on the plat: • See attached plat HOAD, Inc. 13025 WCR#16 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 2. Prior to issuance of the Certificate of Occupancy: A. A final inspection of the occupancy will be required by a member of the Mountain View Fire Protection District. (Mountain View Fire Protection District) • We will have them provide documentation of the inspection prior to occupying any structures, and prior to putting the area into operation. 3. Prior to Operation: A. A stormwater discharge permit may be required for a development/ redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. (Department of Public Health and Environment) • We are in process of applying for a storm water discharge permit and will have the application completed an submitted to the WQCD by 6/17/09. 4. Upon completion of 1. Above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. etc... • Will comply upon approval that all conditions have been met. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this site plan. Etc... • A digital copy in ACAD will be provided at the time of acceptance. 6. No activity shall not occur nor shall any building or electrical permits be issued on the property until the Site Plan plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • We will comply. Should you or your staff have any questions regarding the functionality of our business or the intended use of the property, please feel free to contact me at (303) 718-5014. Sincerely, HOAD, Inc. MattGoodrich Vice President & General Manager ROAD, Inc. 13025 WCR #16 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 • S Page 1 of 2 Michelle Martin From: Matt Goodrich [mgoodrich@hoadinc.com] Sent: Monday, April 27, 2009 5:04 AM To: Michelle Martin Subject: RE: SPR-428 Ms. Martin, I will have all issues addressed within 45 days. Thank you for your patience. Sincerely, Matt Goodrich From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Thursday, April 23, 2009 2:30 PM To: Matt Goodrich Subject: RE: SPR-428 At this time you don't have to start the process over but you will need to address all the conditions in the report and submitted an updated plat (map) as soon as you can. When do you expect to have everything complete (30 days, 60 days) 7 Michelle Martin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: http'/www.co.weld.co.us/deparunents/plaming/comp_ improve comments.ctin From: Matt Goodrich [mailto:mgoodrich@hoadinc.com] Sent: Thursday, April 23, 2009 12:05 PM To: Michelle Martin Subject: RE: SPR-428 Ms. Martin, I am currently in the process of having the storm water calculations redone and stamped by a Licensed Professional Engineer as the Final Drainage Plan Report for Kings Court Lots 7 through 10 has been deemed to be inadequate, and has to be redone. I am hoping to have this available within the next two weeks. If I am reading your email correctly, I am basically starting the entire process over at this point. Matt From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Thursday, April 23, 2009 11:02 AM 4/27/2009 • • Page 2 of 2 To: Matt Goodrich Subject: SPR-428 Matt, According to our records Site Plan Review (SPR-428) has not been completed. Page 6 of the staff report states: "Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the date of approval. The applicant shall be responsible for paying the recording fee." The 30 day timeline expired on March 24, 2009. Please let me know your intentions for completing the Site Plan Review, thanks. Michelle Martin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: http://www.co.weld.co.us'departmentsliplanning/comp Improvecomments.cfm 4/27/2009 • • Page 1 of l Michelle Martin From: Michelle Martin Sent: Thursday, April 23, 2009 11:02 AM To: 'Matt Goodrich' Subject: SPR-428 Matt, According to our records Site Plan Review (SPR-428) has not been completed. Page 6 of the staff report states: "Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the date of approval. The applicant shall be responsible for paying the recording fee." The 30 day timeline expired on March 24, 2009. Please let me know your intentions for completing the Site Plan Review, thanks. Michelle Martin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: /www.co.weld.co.usningcom. improve conunents.cfm 4/23/2009 • Michelle Martin From: Sent: To: Subject: Lauren Light Friday, February 20, 2009 2:59 PM Michelle Martin RE: spr-428 This sounds great Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) Original Message From: Michelle Martin Sent: Friday, February 20, 2009 9:47 AM To: Lauren Light Subject: spr-428 Lauren, What are your thoughts on the following development standard for SPR-428? Lot 8 may utilize the facilities on Lot 7 until one or both of the Lots are sold at that time the Site Plan Review (SPR-428) shall be reevaluated. (Department of Planning Services) Michelle Martin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp_improve_comments.cfm • • f&h; COLORADO MEMORANDUM 'FO: Michelle Martin, Planning Dept. DA'Z'E: February 19, 2009 FROM: David Snyder, E.I., CFM, Public Works Dept. SUBJECT: SPR-429; Zeek Partnership Public Works has reviewed the above mentioned submittal for compliance with the Weld County Drainage Criteria. A drainage report was not submitted with the application. The site plan was not stamped, signed, and dated by a registered professional engineer licensed to practice in the State of Colorado. Each parking space shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles, walls, fences or planting. A drainage report must be submitted that has been signed, dated, and stamped by a registered professional engineer licensed to practice in the State of Colorado. At a minimum, the drainage report must contain site specific calculations showing that lot 8 meets the criteria approved in the Final Drainage Plan Report for Kings Court Lots 7 through 10 dated May 20, 2007. The following items including but not limited to must be included in the drainage report: • The drainage report for lot 8 must show that the when lot 8 is developed; the existing facilities (i.e. storm sewer, detention pond, outlet, etc) still function within the parameters approved in the Kings Court Final Drainage Plan. • Calculations showing the imperviousness of lot 8. The four lots covered by the Kings Court Final Drainage Plan states the average imperviousness of the 4 lots will be approximately 82 percent. Calculations will need to be provided showing that the overall imperviousness for the four lots has not exceeded the approved 82% and that lot 9 is not being shorted out of its imperviousness area. • Calculations showing that the two new storm sewer inlets have been sized correctly. • Show the inlet type on the site plan and include in the legend. • Calculations showing the flow from lot 8 can be accommodated in the existing storm sewer. • Calculations showing that the existing detention pond on lot 5 has the capacity (w/ freeboard) to hold the approved detention volume for lot 8. Note that as -built drawings of the existing pond and outlet will be required. • Calculations showing that lot 8 is not releasing more than its approved release rate into pond. Calculations showing that the detention pond outlet is not releasing more than the approved rate for lots 7, 8, and 10 (the developed lots). • The drainage report narrative needs to address how lot 9 will not be shorted on its allowed impervious area, detention volume, release rate, etc. Three stamped, dated, and signed copies of the construction drawings (including detail sheets) need to be submitted. Recommendation Page I of I SPR423 leek Partnership 2-19-07 17 September 2007 Page 1of1 Michelle Martin From: David Snyder Sent: Tuesday, December 16, 2008 10:59 AM To: Michelle Martin Cc: David Snyder Subject: PA08-105 Michelle, Public Works has reviewed the 7 -day completeness submittal. The following is required for the drainage: a drainage report showing percent impervious for the proposed improvements, conveyance of the drainage, flows for the proposed improvements, pond volume, release rate for the pond, and conformance to overall drainage report for the subdivision. David Snyder, E.I., CFM Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 dsnyder@co.weld.co.us 12/16/2008 Page 1 of I • • From: Ted Drysdale Sent: Wednesday, December 17, 2008 12:00 PM To: 'dsnyder@co.weld.co.us' Cc: 'dbauer@co.weld.co.us; 'dcarroll@co.weld.co.us; 'mmartin@co.weld.co.us; 'mgoodrich@hoadinc.com; 'Kevin Schulz'; 'cole.herk@svn.com; 'dan.leuschen@svn.com' Follow Up Flag: Follow up Flag Status: Red David thank you for your comment on the 7 day review for lot 8 block 2. The point that you asked for I believe are contained in the drainage report that was supplied with the review. The drainage for Kings Courts lots 7-10 block 2 was designed into a regional pond that was approved by PW (see attachment) in May of 2007 on SPR408 and 409. If I understand your comments the "percent of impervious" is addressed in sec.1.2 (up to 82%) pond volume sec 3.2 (2.833 acre feet) release rate sec.2.1.2 (0.238 cfs /acre) If have any questions or comments please contact me via e-mail or call 970-535-6074 Ted Drysdale Zeek Partnership LLLP file://C:ADocuments and Settings\Ted DrysdaleAMy Documents\response to David Snyder... 12/19/2008 COLORADO MEMORANDUM TO: Jacqueline Hatch, Planning Services FROM: Brian K. Varrella, P.E., Public Works Dept. SUBJECT: SPR-408 and SPR-409; Zeek Partnership DATE: 30 May 2007 This memorandum is a follow up to comments from the Weld County Public Works Department dated January 15, 2007, April 20, 2007, and May 24, 2007. On May 23, 2007, The applicant resubmitted a revised set of construction plans with Sheets 1 through 9, titled Lot 7, Block 2, Commercial/Industrial/Retail/Office Facility, for Site Plan Review (SPR) 408 and 409. A Final Drainage Report for Kings Court, Lots 7 Through 10, herein referred to as the Final Drainage Report, was submitted with the construction plans. Final drainage comments were returned in a memorandum from Public Works to the applicant's engineer, and to the Weld County Department of Planning Services on May 24, 2007. Final drainage comments have been addressed and resolved in a letter from the Applicant's engineer, J. Tom Knostman (PE #30261), dated May 29, 2007. This letter agrees to all the conditions outlined in the May 24, 2007 memorandum from Public Works, and has been stamped, signed, and dated by Mr. Knostman. Revised sheets for the construction drawing plan set have been received by Public Works, and are also stamped, signed, and dated by Mr. Knostman. All previous review comments have been resolved, and Public Works has no further comments or concerns. Recommendation The Weld County Public Works Department recommends the Zeek Partnership properties currently under review as SPR-408 and SPR-409 be forwarded to Planning Services with a recommendation for approval. All outstanding issues from the Weld County Department of Public Works have been resolved for these Site Plan Reviews. The Public Works Department has no, further known issues or requirements;' PC: SPR-408 and SPR-409, Zeek Partnership (Site Plan Review) Original and E-mail: Jacqueline Hatch, Planning Services PC by Post: Zeek Partnership LLLC PC by Post: JL Walter Consulting SPR-409 Zeck ranneishW Final Signal doc Page I oft 30 May 2007 HO AD July 29, 2008 Ms. Michelle Martin Planner Weld County Department of Planning Services 918 10th St Greeley, CO 80631 An Employee Owned Company Subject: Rademacher Business Park -Block 2, Lot 8, SPR-428, Drainage Report Dear Ms. Martin: Attached is the revised site plan and revised drainage report to complete the submittals for the SPR-428. I have also included the as -built volume calculations as provided by JL Walters Consulting for the drainage pond located on Lot 5 of the Rademacher Business Park. Currently the pond will hold the calculated volumes and once the drainage on Lot 8 has been completed, the bulk of the erosion issues will be eliminated. We look forward to getting the site grading and paving completed as soon as we have approval from the Weld County Staff. Should you or your staff have any questions regarding SPR 428, please feel free to contact me at (303) 718-5014. Sincerely, HOAD, Inc. Matt Goodrich Vice President & General Manager HOAD, Inc. 13025 WCR #16 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 Sheetl POND VOLUME CALCULATION Location: Zeek Lot 5 Pond Date: 07/06/09 Elev (ft) Area (sq ft) Volume (cu ft) Total Volume (cu ft) Total Volume (ac ft) 4,950.48 0.00 0.00 0.00 0.00 4,950.60 2,353.42 282.41 282.41 0.01 4,950.80 3,037.02 842.75 1,125.16 0.03 4,951.00 5,535.01 1,410.70 2,535.86 0.06 4,951.20 7,552.32 2,063.96 4,599.83 0.11 4,951.40 8,672.29 2,489.69 7,089.52 0.16 4,951.60 9,498.74 2,766.98 9,856.49 0.23 4,951.80 10,296.17 3,009.11 12,865.60 0.30 4,952.00 11,087.89 3,247.19 16,112.80 0.37 4,952.20 11,874.28 3,483.64 19,596.44 0.45 4,952.40 12,654.91 3,718.41 23,314.85 0.54 4,952.60 13,432.39 3,951.97 27,266.82 0.63 4,952.80 14,207.44 4,184.73 31,451.55 0.72 4,953.00 14,979.02 4,416.55 35,868.09 0.82 4,953.20 15,749.78 4,647.86 40,515.95 0.93 4,953.40 16,519.19 4,878.82 45,394.77 1.04 4,953.60 17,283.04 5,108.53 50,503.30 1.16 4,953.80 18,037.09 5,335.72 55,839.02 1.28 4,954.00 18,799.67 5,563.64 61,402.66 1.41 4,954.20 19,566.38 5,793.24 67,195.90 1.54 4,954.40 20,331.40 6,022.92 73,218.82 1.68 4,954.60 21,102.95 6,253.73 79,472.55 1.82 4,954.80 21,880.47 6,486.39 85,958.94 1.97 4,955.00 22,659.87 6,720.02 92,678.96 2.13 4,955.20 23,443.07 6,954.60 99,633.56 2.29 4,955.40 24,228.98 7,190.10 106,823.67 2.45 4,955.60 25,015.69 7,426.04 114,249.70 2.62 4,955.80 25,805.70 7,662.71 121,912.41 2.80,__-Z `iii 4,956.00 26,598.23 7,900.22 129,812.63 2.98 4,956.20 27,389.58 8,137.74 137,950.37 3.17 4,956.40 28,179.81 8,374.92 146,325.29 3.36 4,956.60 28,968.74 8,611.73 154,937.01 3.56 4,956.80 29,749.11 8,846.70 163,783.71 3.76 — 0arko 4,957.00 30,527.27 9,080.36 172,864.08 3.97 4,957.20 31,335.66 9,319.86 182,183.93 4.18 4,957.40 32,190.33 9,571.63 191,755.57 4.40 4,957.60 33,005.64 9,820.16 201,575.73 4.63 Total Volume: 201,575.73 4.627541951 Page 1 (OO 1 December 19, 2008 Lauren Light Weld County Department of Health and Environment RE; Response to & day review comments dated 12-8-08 1. "Septic permit #SP -0700084 included in packet. Is sized for 43 people will need to be upgraded." See enclosed document "Septic Permit -Final" and revised employee # on HO -AD letter dated 12-2-08 section 2 part E-i. 2. "Include a will serve letter from Little Thompson Water District or water bill from lot 7 " See enclosed document "Little Thompson Water District" dated 12-4-06 3. " Need names, addresses, & phone #,s of all waste handling companies. Including volumes of solvents and paints" See enclosed document " Waste Handling Plan" 4. " Size and location of diesel storage tank" See revised site plan for location and description" 5. "Dust abatement plan for site" See enclosed document "Dust Abatement Plan" ( HO -AD December 19, 2008 Frank Diacentino Weld County Building Department RE; Response to 7 day review on lot 8 block2 The Weld County Building Department will be contacted and a building permit will be applied for on any structure, constructed on this property in the future as needed. 4I HO•AD 12-19-08 Michelle Martin Weld County Planning Dept. Response to Planning comment #8 of the 7day review Lot 7 block 2 (SPR-409) currently has 8 single occupant, 4 being ADA wheelchair assessable located on theist floor and 2 multiple occupant restrooms located on the 1st floor (building permit #BCS070122) All bathrooms are Weld County code compliant. Approved septic capacity of 43 people (Septic permit # SP -0700084). This building is located approximately 70 feet from the common property line of Lot 7 and 8 • ( t10 COLORADO MEMORANDUM TO: Case File PA08-100, pre -application DATE: November 14, 2008 FROM: Jacqueline Hatch-Drouillard, Planner III SUBJECT: Pre -Application Meeting prior to submitting A Site Plan Review application Attendees: Matt Goodrich — HOAD Inc, Applicant Dan Lucina, Applicant Ted Drysdale, representing property owner Don Carroll, Public Works Jacqueline Hatch-Drouillard, Planning Michelle Martin, Planning Kim Ogle, Planning Lauren Light, Public Health On Friday November 14, 2008 an informal meeting was held in the South West Planning office regarding the proposal to apply for a Site Plan Review for outdoor storage, some structures for storage, a painting facility, and sand blasting. The legal description is Lot 8 Block 2 Rademacher Business Park being part of the NW4 of Section 23, Township 3 North, Range 66 West of the 6th P.M. The site consists of approximately 3 acres. Background Information: The property is currently vacant. The applicant has recently been approved to operate on the adjacent parcel Lot 7 under Site Plan Review 409. The applicant wishes to utilize the adjacent property Lot 8 for outdoor storage, some structures for storage, a painting facility, and sand blasting. The applicant is proposing to fence the site. Vehicle maintenance will not be conducted on site. Public Works Don Carroll with Public Works stated that a drainage plan and geotechnical soil report would be required. A traffic description will be required with the application materials describing the circulation on site and the parking. The plat will need to show specifically where the equipment would be stored on site. The site should be covered in recycled asphalt or concrete. Public Works requested asphalt to help with dust control. Health Lauren Light from the Health Department was present via the phone. Ms. Light outlined that the employees would need to utilize the septic system, potable water, and parking on Lot 8 (SPR- 409). Ms. Light informed the applicant that an APEN would be required for the paint facility and the sand blasting facility. A waste handling plan will also be required to be submitted with the application. The applicant stated that 200 gallon diesel fuel tank on site. Ms Light stated to show the location of the fuel tank on the plan when submitted with the application. Planning Staff informed the applicant that fencing around the property should be solid to block the view of the operation and vehicles from neighboring properties and rights -of -ways. Staff also mentioned that any proposed lighting on site would need to be in compliance with the Weld County Code and shown on the plat. The applicant has expressed the desire to place cargo type containers on site. Staff informed the applicant that currently the Weld County Code does not allow cargo type containers to be stored on this property. Staff recommended building a structure around the containers. If the applicant was to proceed with the SPR application staff explained the process that the applicant shall submit 4 packets for our 7 day completeness review. Once the 7 day completeness review is complete the applicant will be informed of what items are still required to make the applicant complete. After the completed application is submitted it will be sent out for referral for 28 days. The applicant will then receive staff comments within 60 days of submittal of the completed SPR application. End memorandum. WELD COUNTY COMPLETENESS REVIEW REVIEW DATE: 12/16/08 TYPE OF APPLICATION: SPR for the storage of vehicles and equipment, and a fabrication, sand blasting, and painting facility. LEGAL DESCRIPTION: Lot 8 Block 2 of Amended Rademacher Subdivision in Section 23, Township 3 North, Range 68 W COMPANY NAME/REPRESENTATIVE/OWNER: Zeek Partnership LTD PARCEL NUMBER: 1207 23 203008 PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Michelle Martin at 720-652-4210 extension 8730, or email at mmartin(&,co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre - application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. This is a violation case and therefore a complete application must be submitted within 2 weeks from the date of this letter. REVIEW STAFF: Planning: Michelle Martin— mmartinaco.weld.co.us - 720-652-4210 x8730 Public Works: David Snyder — dsnyder(c�co.weld.co.us- 970-304-9496 x3749 Public Health: Lauren Light — Ilight(a�co.weld.co.us — 970-304-6415 x2211 Building Inspection: Frank Piacentino — fpiacentino(a,co.weld.co.us — 720-652-4210 x8736 Greeley Office — 918 10`h Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Weld County Department of Planning Services Longmont Office — 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 WELD COUNTY PLANNING COMMENTS The Department of Planning Services has reviewed the 7 -Day Completeness Review and has the following comments. ,Y. The zone district needs to be filled out on the site plan certificate. A. Copy of the septic permit on Lot 7 Application fee it. Copy of a letter from the water district indicating the uses on Lot 8 can utilize the water on Lot 7. The plat needs adhere to Section 23-2-160.V and 23-2-160.W of the Weld County Code. This will need to be done prior to the plats being recorded. Tax statement 7. The applicant needs to show how the use will be screened from surrounding properties and Public ROW on the plat. /3/. The applicant needs to go into more detail about the sewage for the site and where and what type of restrooms are on site for the employees. A. The applicant shall address Section 23-2-160.Y of the Weld County Code in regards to the mineral owners associated with the property. PUBLIC WORKS COMMENTS The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in the referral response dated 12/16/08. HEALTH DEPARTMENT COMMENTS The applicant shall address the requirements (concerns) of the Weld County Department of Environmental Health Services, as stated in the referral response dated 12/8/08. BUILDING INSPECTION COMMENTS The applicant shall address the requirements (concerns) of the Weld County Department of Building Inspection, as stated in the referral response dated 12/8/08. Greeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Weld County Department of Planning Services Longmont Office — 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 7 Day Completcneview DECDCE�VED PA08-105 Pre -Application VIRONM icAEL HEALTH SERVICES Subject: SPR for the storage of vehicles and equipm „ and a fabrication, sand blasting, and painting facility. SERv!cE Location: Lot 8 Block 2 of Amended Rademacher Subdivision in Section 23, Township 3 North, Range 68 W Address: 4056 Camelot Circle Applicant Name: Zeek Partnership LTD f q oa,� h �►5 Building Planner: Michelle Martin Department: Public Works Planning Comments: EC 04 P0D8 ' .Sc P-2j\A;SP— 6c,cmo Lj sncIa I` Ste\ �tkn a v„I Cq C.)y \� f �vTVV 1-z (,, S -V 4 K)c\ -)-(A( Name: LP (-} c� \Al- cm() r 6 Date: 12 - — `='e Date: December 4, 2008, Comments due no later than December 12, 2008 Die —m- - yc (\ m ( O 5 )10(IST, • • Page 1 of 1 Michelle Martin From: David Snyder Sent: Tuesday, December 16, 2008 10:59 AM To: Michelle Martin Cc: David Snyder Subject: PA08-105 Michelle, Public Works has reviewed the 7 -day completeness submittal. The following is required for the drainage: a drainage report showing percent impervious for the proposed improvements, conveyance of the drainage, flows for the proposed improvements, pond volume, release rate for the pond, and conformance to overall drainage report for the subdivision. David Snyder, E.I., CFM Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 dsnyder@co.weldco,us 12/16/2008 7 Day Completeness Review PA08-105 Pre -Application Subject: SPR for the storage of vehicles and equipment, and a fabrication, sand blasting, and painting facility. Location: Lot 8 Block 2 of Amended Rademacher Subdivision in Section 23, Township 3 North, Range 68 W Address: 4056 Camelot Circle Applicant Name: Zeek Partnership LTD Planner: Michelle Martin Department: Public Works Health Planning a Comments: B tali" n 7aacere_D c-1 ClAta Name: Date: )740, Date: December 4, 2008, Comments due no later than December 12, 2008 • • SITE PLAN REVIEW (SPR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 2 _ 0 3 Z O O (12 digit number - found op Tax information, obtainable at the Weld Cougty Assessor's Office, or www.co.weld.co.us.) A..7e ,,,d „" -- ncioy,noc>hPl`t-t,f,� +error �- Legal Description/.pfg Psfs ' t NW/ -I , Section 2S Township S North, Range«NNest Lot/Block: 902-- Zone District: 6 3/13 , Total Acreage: 3 Overlay District: —Pup FEE OWNER(S) OF THE PROPERTY: Name:7�iiK 7L/� C/S`l�/% ZZG/ Work Phone #3)o-4(1370lom Ph n # Email Address: Y/ ,tc- /on• 17 Address: `VC'SSG &nl c%/ / 1.79-"ri" ('C %OS0' City/State/Zip Code Name: Work Phone # Address: City/State/Zip Code Home Phone # Email Address: Name: Work Phone # Address: City/State/Zip Code Home Phone # Email Address: APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: h&i 9 -i0 � Work Phone# 3e3 18- ≤O/z/ Home Phone#3o3 Coi 2 2. 61 Email Address: i* e//,e-A j,/OAdjvC.CO✓h Address: i&o2S— 2,--)C, /4 City/State/Zip Code F/ r�� /, ,/)/� e CseZ2/teecA 1 /n5C'"// AC7'1G0 c 'I 1 rile 9Ls PROPOSED USE: 5: nc/ '97.9 i•9c) a l I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this ap ation. If an Authorized Agent signs, a letter of authorization from all fee owners must be included wit h- .pp a on. If a corporation is the fee owner, notarized evidence must be included showing the signatory u ority to sign for the corporation. / 2-Gi3 Signature: finer or Authorized Agent Date Signature: Owner or Authorized Agent Date -3- Zeek Partnership, LLLP 4057-B Camelot Cr. Longmont CO 80504 970-535-6074 December 4, 2008 Weld County Planning Offices 4209 CR 24 1/2 Longmont CO 80504 To Whom It May Concern: Ted Drysdale is authorized to represent Zeek Partnership, LLLP in all communi- cation concerning the Project at Lot 7 & 8, Block 2, 1-25 Business Park. If you have any questions, please do not hesitate to contact this office. Sincerely, Jui Kenneth A. Williamson • • Zeek Partnership, LLLP 4068 Camelot Circle Longmont CO 80504 970-535-6074 December 22, 2008 Michelle Martin Weld County Planning RE; HO -AD/ ZEEK submittal Michelle enclosed are the 14 packets. I have put together the 4 Department packets with their comments and our responses along with any documentations that was requested. I will set a meeting with Public Works after the holidays to discuss any drainage issues ( there always are ) I revised the site plan to reflect the changes that were requested and to adhere to Weld County code. I have also rewritten HO -Ad's letter to reflect the proper amount of employees, a waste handling plans with handlers information, a description of restroom facilities on Lot 7. I will be out of town from 12-25-08 to 1-6-09 but can be reached on my cell at 303-356-5806 please feel free to contact me at anytime. Ted Drysdale Zeek Partnership LLLP SITE PLAN CERTIFICATION I (We) hereby certify that the uses, buildings, %and structures located on: Ze �� ei� �rh�. U Pi/1.07,10/414C/167 C5z.4.07ySS /Y/`�j / ivzvl'y, c>, �, wns�;'3 /LA sir 4 gw (legal description) are designed and will be constructed and operated in accordance with the applicable Performance Standards and District Requirements for the('3 TS zone district as stated in the Weld County Code and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. Signature of Property Owner The foregoing instrument was subscribed and sworn to before me this 2008 , by Pi-pile+El A 1/L.1; / ( rQIY d c" WITNESS my hand and official seal. My Commission expires: I- a 8 - aC ( otary Public day of Pp r pmhor GAIL M. ANDERSON Notary Public State of Colorado My Commission Expires September 28, 2012 -4- • • 1� HO -AD December 2, 2008 Ms. Michelle Martin Planner Weld County Department of Planning Services 918 10th St Greeley, CO 80631 Subject: Rademacher Business Park -Block 2, Lot 8 Dear Ms. Martin: An Employee Owned Company HOAD, Inc. currently has a purchase agreement in place for the above referenced property within the Rademacher Business Park. We believe the HOAD operations comply with the park zoning classifications of C-3 and 1-3. HOAD, Inc. would like you to consider the following information to expedite any/all approvals needed from Weld County: 1. Company Overview: Elkhorn Holdings, Inc. is a 100 % employee owned Wyoming Corporation that is engaged principally in the development and ownership of industrial construction and fabrication businesses. Elkhorn Holdings' principal holding is Elkhorn Construction, Inc., headquartered in Evanston, Wyoming. To underscore our market strategy and to further enhance single sourcing capabilities, Elkhorn Holdings, Inc. features two other wholly owned subsidiaries; HOAD, Inc., based in Fort Lupton, Colorado (relocating to Rademacher Business Park) and Eagle Pipeline Construction, Inc. located in Kennedale, Texas. Operating divisions within Elkhorn Construction, Inc. include Dynamic Services and ProSafe. The operating division within HOAD, Inc. is HOAD Industrial Services. HOAD's core competencies include skid mounted buildings, skid mounted process equipment, pipe fabrication, meter stations for both gas and liquids, pressure vessel fabrication and repair, gas and liquid load skids, structural steel fabrication, motor control center building fabrication complete with installation of the MCC gear, chromatograph buildings, and the fabrication, repair, and maintenance of natural gas production equipment. 2. Description of Site Operations: a. Outside fabrication operations i. Pipe ii. Steel iii. Welding iv. Grinding v. Cutting vi. Assembly HOAD, Inc. 13025 WCR #16 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 • • b. Storage i. Trucks ii. Trailers iii. Backhoes iv. Pipe v. Valves vi. Fittings vii. Sheet metal viii. 200 Gallon Double wall above ground diesel storage tank. c. Sand Blast and Paint Facility: i. Installation of a modular paint building (painting of finished goods). Built in compliance with regulations. This paint facility will not be installed until the APEN has been approved by the CDPHE. The paint facility will be as follows: 1. Self-contained 2. Filtered 3. Fire suppression system 4. Enclosed Sand Blast Facility 5. Personnel will utilize the facilities on Lot 7 as the nearest restroom is to be within 200'of the paint and blast area. d. Potable Water and Sanitary Sewer Facilities Both water and sewer facilities on Lot 7 will be utilized for Lot 8 as the two will be under common ownership and the majority of the work will be completed in the facility on Lot 7 and Lot 8's primary function will be storage. However, should we ever expand onto Lot 8, there is a water tap available for future expansion. Lot 7 block 2 (SPR-409) currently has 8 single occupant, 4 being ADA compliant located on the 1st floor and 2 ADA compliant multiple occupant restrooms located on the 1st floor (building permit #BCS070122) On site with approved septic capacity of 43 people ( Septic permit # SP -0700084.) This building is located approximately 70 feet from the common property line of Lot 7 and 8 i. e. The number of employees associated with use. i. On Lot 7 we will have roughly 40 to 45 people that will be getting material and painting. The 1 to 2 personnel working in the sand blast and paint area will utilize the water and sanitary facilities in the shop on Lot 7 as they will be within 200' f. All structures will be 15' or greater in distance from any property lines, with none over any utility easements. g. No signage is planned for Lot 8. h. Landscape Requirements i. The site area is 3.125 acres, or 136,125 square feet with 20,950 square feet (15.38%) landscaped within curbed areas with washed rock, and the perimeter of the outer three sides of the property covered in washed rock as depicted on the attached site plan. A fabric barrier will be placed between the soil and the rock to eliminate weeds, and a weed service will be hired to eliminate weeds from growing within landscaped area as well as within the general storage area of the lot. HOAD, Inc. 13025 WCR #I6 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 i • J• In an effort to maintain the original drainage plan for the subdivision, we have made minimal contour changes to the originally proposed drainage plan and placed any proposed structures within the boundaries of the proposed topography. This is depicted on the drainage plan attached to this submittal. All drainage will comply with the "Final Drainage Report for Kings Court Lots7- 10"dated May 20, 2007. This is one of the primary reasons for landscaping with rock, as the drainage plan was sheet flow throughout the property and we wanted to minimize our impact on the original design. Attached is the original drainage study as well. Any structures erected on the property will be reviewed by and permits issued by Weld County Building Department prior to construction The three proposed structures on the property are for the following uses and should not require any additional parking from what is provided on Lot 7. i. The first structure is a 40' x 80' structure for covered storage of materials that are sensitive to the weather that we would not have room to store inside the Building on Lot 7. This Structure will be sheeted with R -Panel, white in color. ii. The second structure is a modular paint facility that will be sheeted with R -Panel and white in color iii. The third structure will be a covered containment area for our sand blast operation. This will be sheeted with R -Panel, white in color as well. k. Loading and unloading of materials will take place on Lot 7, and Lot 8 will primarily be utilized as a storage yard. I. Access to the site has been provided both through Lot 7, as well as the access between Lot 7 and Lot 8 at the Cul-de-sac on Kings Court has already been installed by the current owner. Adequate gates will be provided to allow safe egress to the public streets. m. Access to the public right-of-way (Kings Court) has already been established by a joint driveway between Lots 7, and 8 (Weld County recorded #3470879 dated 04/23/07) and we do not intend to change this access other than installing a 24' wide gate within the proposed perimeter fence. n. Waste Handling Plan; All waste will be handled by the following list of approved companies i. Scrap metals, Anderson Sales and Supply 1419 East 8Th street Greeley Co. 80631 970-352-7797 ii. Solid Waste Platte Valley Disposal 19 South 3rd Ave Brighton Co 80601 303-659-3050 iii. Sewer Waste Sullivan Septic PO Box 1288 HOAD, Inc. 13025 WCR #16 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 • • Longmont Co 80502 303-772-4019 iv. Paint and solvents Diamond Vogel 4500 East 48th Ave. Denver Co. 80216 303-333-3499 o. Once the facility is fully operational, all uses will conform to all Federal, State, and Local standards and codes. i. Noise Standards will meet Section 25-12-101, C.R.S. ii. Air Quality: The Paint and Blast area will have an approved Air Permit and will operate under the standards set forth by the Colorado Air Pollution Control Commission. iii. Water Quality: Public water for drinking is supplied by the facility on Lot 7, and any storm water will be handled through the storm water management plan as provided. iv. Radiation and Radioactive Materials: NA v. Heat: NA vi. Glare: All lighting in the outside storage area will be deflected down to the property in accordance with the local codes. Any light from welding processes will be either behind the perimeter fence, or should it be above the fence line, it will be screened from the surrounding properties through the use of anti glare welding screens as we use in the shop to shield our personnel. vii. All weeds and grasses will be maintained through a contract with a maintenance service to eliminate them from the property. 3. General Comments: Fence and gates will be installed as needed in compliance with both the CC&R's, and Weld County. Ideally the fence will be contiguous around Lot 7 and Lot 8 for the "single lot" appearance vs. a separate fence for each lot. The fence will be a picket vinyl fence to meet the requirements of the business park. Attached are as follows: • One completed original application form. • One original Site Plan Review Certification • One Copy of our Real Estate Contract with the Seller • One original Emergency Information Sheet • One copy of the Site Plan Review Map • NA 8-1/2 x 11 Photo Mechanical Transfer (PMT) • One Copy of Original Drainage Report • Drainage plan for completed tot improvements showing flow path • Traffic Flow through the site o Deliveries and product pickup are expected to be between 10 and 15 trucks per day. Should you or your staff have any questions regarding the functionality of our business or the intended use of the property, please feel free to contact me at (303) 718-5014. HOAD, Inc. 13025 WCR #16 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 Sincerely, HOAD, Inc. Matt Goodrich Vice President & General Manager HOAD, Inc. 13025 WCR #16 Ft. Lupton, Colorado 80621 303-857-0956 FAX 303-857-9415 • HO AD December 19, 2008 Lauren Light Weld County Department of Health and Environment RE; Waste volumes and Handling Chemicals stored on site A 55 gallon drum of paint solvent 1-5 gallons of industrial paint All waste will be handled by the following list of approved companies i. Scrap metals, Anderson Sales and Supply 1419 East 8Th street Greeley Co. 80631 970-352-7797 ii. Solid Waste Platte Valley Disposal 19 South 3rd Ave Brighton Co 80601 303-659-3050 iii. Sewer Waste Sullivan Septic PO Box 1288 Longmont Co 80502 303-772-4019 iv. Paint and solvents Diamond Vogel 4500 East 48th Ave. Denver Co. 80216 303-333-3499 (a HO -AD 12-18-2008 Lauren Light Weld County Department of Health and Environment RE: Reply to comment # 5 from the 7 day review Dust abatement program All drive and parking surfaces on lot 8 block2 will be set to grade and 4"-6" of class 5 or 6 road base and or recycled asphalt or a combination of both will be installed and compacted in place. Moisture will be added as needed to mitigate dust in the future. Ted Drysdale SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is entered into and made effective This 1- day of October, 2005, by and between Kerr-McGee Rocky Mountain LLC ("KMRMC"), a Colorado limited liability company, and Zeek Partnership, LLLP, a Colorado limited liability limited partnership ("Surface Owner"). KMRMC and Surface Owner may be referred to herein individually as a "Party", or collectively as the "Parties." Recitals A. Surface Owner owns or has the exclusive right to purchase the surface estate of that certain tract of land more particularly described on Exhibit "A" attached hereto, being a portion of the NW/4 of Section 23 Township 3 North, Range 68 West, Weld County, Colorado (hereinafter referred to as the "Property"); 13. Surface ownership of the Property is subject to the rights of the oil and gas leasehold estate, all or a portion of which is owned by KMRMC; C. Surface Owner plans to develop the surface of the Property as a commercial and industrial subdivision known as "1-25 Business Park"; D. KMRMC has the right, under that certain Oil and Gas Lease dated November 16, 1970 and recorded with the Weld County Clerk and Recorder at Reception No. 1559059, to develop its oil and gas leasehold estate under the Property by drilling wells on the Property (the "Wells"); and E. This Agreement sets forth the Parties' rights and obligations regarding the relationship between the development of the Property by Surface Owner and KMRMC's development and operation of its oil and gas leasehold estate, such rights and obligations to he binding upon the Parties' successors and assigns. Agreement in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Well Locations. a. Oil and Gas Operations Areas. KMRMC agrees to limit its oil and gas operations conducted in connection with the Wells, including, hut not limited to, lease operating activities, workovers, drilling, deepenings, and fracturing, to those access routes and locations identified on Exhibit "B"; the latter are referred to hereinafter as the "Oil and Gas Operations Areas." KMRMC shall use only the Oil and Gas Operations Areas to drill both vertically and directionally to the legal bottomhole well locations shown on Exhibits 13-1 and 13-2. KMRMC shall have the right to drill future Wells within the Oil and Gas Operations Areas, including such utility company will not unreasonably interfere with KMRMC use and operation of its Ilowlines or pipelines. Surface Owner agrees that all utilities that are placed in the ground shall be placed horizontally a minimum of 10 feet from the centerline of KMRMC's flowlines or pipelines, and any such utilities that cross a KMRMC easement area shall be placed with a minimum clearance of 24 inches between KMRMC's flowlines or pipelines and such utility lines. Surface Owner shall maintain a minimum of 48 inches and not more than 72 inches of cover over all flowlines and pipelines during any of Surface Owner's operations or construction activities. S. Impact Mitigation and Improvements. a. KMRMC Mitigation. KMRMC may install and maintain, at its sole cost and expense, fences, gales and locks if required by the Colorado Oil and Gas Conservation Commission ("COGCC") or if necessary or convenient for the security of any Wells or production facilities. In addition, KMRMC shall paint it production facilities, including wellhead guards, with paint that is approved by the COGCC. b. Surface Owner Mitigation. Surface Owner shall not inhibit KMRMC's operations within the Oil and Gas Operation Areas by landscaping or other improvements, unless otherwise agreed to in writing between Surface Owner and KMRMC. 6. Setback Requirements and Waivers. Surface Owner agrees that it will not plat any lot lines or locate any buildings or structures within the Oil and Gas Operations Areas. Surface Owner understands and, acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Surface Owner hereby waives all setback requirements of COGCC Rule 603, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KMRMC or its successors and assigns, to explore for and produce oil and gas in accordance with this Agreement. Surface Owner understands that KNIRMC may cite the waiver in this paragraph in order to obtain a location requirement exception or variance under COGCC rules or from a local jurisdiction. 7. Drilling and Completion Operations. KMRMC shall provide notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or other operation on its Wells in accordance with the rules and regulations of the COGCC. KMRMC shall endeavor to diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Surface Owner waives ally objections to continuous (i.e., 24 -hour) drilling operations. S. Surface Owner Notices. a. Notice of Contruction Activites. Surface Owner shall provide KMRMC with ten days written notice prior to commencement of any dirtwork, grading or other surface construction activities on the Property. 1frequested by KMRMC, Surface Owner shall meet with KMRMC representatives at the Property to locate existing flowlines, gathering lines or pipelines and to coordinate proposed surface construction activities with current and prospective oil and gas operations. .KMRMC has provided herewith a copy to Surface Owner of KMRMC's "General Guidelines for Design and Construction Activities On or Near Kerr-McGee Gathering LI,C and Kerr-McGee Rocky Mountain Corporation Pipelines and Related Facilities" (the "Guidelines"). Surface Owner acknowledges receipt of said Guidelines and agrees to abide by such Guidelines in connection with surface development activities in the Oil and Gas Operations Areas, and in any existing or future tlowline or pipeline easement areas and to provide a copy of the Guidelines to its contractors. b. Notice to Future Surface Owners. Surface Owner shall furnish all buyers of the Property from Surface Owner with a plat or map showing the Oil and Gas Operation Areas and shall provide notice that: ( I ) There may be ongoing oil and gas operations and production in the Oil and Gas Operation Areas on the surface ofthe Property; (2) There may be additional Wells drilled and oil and gas operations in and production from the Oil and Gas Operations Areas; (3) Heavy equipment will be used by oil and gas interest owners from time to time for oil and gas drilling and production operations and that such operations may be conducted on a 24 hour basis; and (4) Future purchasers of all or a portion of the Property, as successors in interest to Surface Owner, will be bound by the covenants, waivers and obligations in this Agreement. 9. Governmental Proceedings. Surface Owner shall not oppose KMRMC in any agency or governmental proceedings, including but not limited to the COGCC, the county, local jurisdiction or other governing body proceedings, related to KMRMC's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that KMRMC's position in such proceedings is consistent with this Agreement. 10. Representations. Each Party represents that it has the full right and authority to enter into this Agreement. KMRMC represents that it owns 100% of the working interest in the leasehold estate underlying the Property; this Agreement shall only apply to and bind operations conducted by KMRMC, and its successors and assigns on the Property, in the capacity of operator. 11. No Waiver of Rights. KMRMC does not waive its rights pursuant to its oil and gas leasehold interest to explore for, drill and produce the oil and gas on the Property or for ingress and egress to any Oil and Gas Operations Areas, except as specifically provided in this Agreement. 12. Successors and Assigns. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, devises, executors, administrators, successors and assigns; provided, as to KMRMC, successors and assigns shall be deemed to be limited to lessees under KMRMC's oil and gas leasehold estate. • • 13. Termination. This Agreement shall automatically terminate and be of no further force and effect at such time that KMRMC's oil and gas leasehold estate expires or is terminated, and KMRMC has plugged and abandoned all Wells owned all or in part by KMRMC and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup, COGCC rules and regulations and all other applicable provisions of the oil and gas leases and existing laws and regulations. At the request of Surface Owner, KMRMC shall execute and record such documents or instruments as Surface Owner shall reasonably request in order to evidence such termination. 14. Limitation of Liability, Release and Indemnity. a. No party shall be liable for, or be required to pay for, special, punitive, exemplary, incidental, consequential or indirect damages to any other party for activities undertaken within the scope of this agreement; b_ Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 15 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement), each party shall be and remain responsible for its own liability for all losses, claims, damages, demands, suits, causes of action, lines. penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not he construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemni lied for Claims as provided herein; c. Upon the assignment or conveyance of a party's entire interest in the Property, or in the case of Surface Owner, its assignment of its entire interest in a platted lot on the Property, that party shall be released from its indemnification in Section 14 .b. above, for all actions or occurrences happening after such assignment or conveyance. d. If a Claim is asserted against a party for which the other party would be liable under the provisions of this Section 14, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a' copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 15. Environmental Indemnity. The provisions of Section 14 above, except for Section 14.a., shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 14.a. above: c. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of -the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; d. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629). c. Environmental Indemnification. KMRMC shall protect, indemnify, and hold harmless Surface Owner, homeowners association and any lot owner who purchases a lot from Surface Owner from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of KMRMC's ownership and operation of the Oil and Gas Operations Areas and its ownership and operation of its pipeline casement or rights -of -way on the Property. Surface Owner shall fully protect, defend, indemnify and hold harmless KMRMC from any and all Environmental Claims relating to the Property that arise out of Surface Owner's development of the Property. 16. Notice of Clam, forIndenmifiaclion. If a Claim is asserted against a party for which the other party would be liable under the provisions of Section 14 or 15 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (it' it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five clays of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 17. Notices. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, or sent via expedited delivery service, with proof of delivery, addressed as follows: If to KMRMC: Kerr-McGee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Director of Lands Denver Basin If to Surface Owner: Zed: Partnership LLLP 4075 CAMELOT CIRCLE Longmont, CO 80504 Attention: Managing Partner Zeek Partnership LLLP PO Box 10 Mead, CO 80542 Attention: Managing Partner Any Party may; by written notice so delivered to the other Parties, change the address or individual to which delivery shall thereafter be made. I8. Recording. This Agreement shall be recorded by KMRMC, which shall provide Surface Owner with a copy showing the recording information as soon as practicable thereafter. I 9. Waiver of Surface Damages. Surface Owner hereby waives all surface damage payments pursuant to any COGCC or local regulation, state statue, common law or prior agreement for each and every well and related wellsite that is drilled in an Oil and Gas Operations Area and for each production facility, access road or flowline easement. KMRMC may provide a copy of this Agreement to the COGCC or to any local jurisdiction, person or entity or any court of law as evidence of this waiver. Except for the Oil and Gas Operations Areas, access roads and all easements associated with Ilowlines, gathering lines and pipelines as provided in this Agreement, KMRMC shall not use or occupy any other portion of the surface of the Property, except in the event of an emergency or for reasonable incidental, temporary and non -damaging activities, and KMRMC will be responsible for any damages that may occur as a result of its activities on such other portions ofthe surface of the Property. 20. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provisions. 2I. Entire Agreement. This Agreement sets forth the entire understanding among the Parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not he amended, except by written document signed by all Parties. -7 22. Counterpart Execution. This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument. The Parties have executed this Agreement on the day and year first above written. KERR-MtcPEE 2OCKY MOUNTAIN CORPORATION By: James P. W iso'n, Attorney -in -fact I 1\ SURFACE ER a Q Ke meth A. Williamson, Managing Partner "Th. • S Acknowledgments STATE OF COLORADO CITY AND COUNTY OF DENVER December, 2005 The foregoing instrument was acknowledged before me this 30th day ofxltalyaigl4, by JAMES P. WASON, as Attorney -in -Fact of Kerr McGee Rocky Mountain Corporation, on behalf of such corporation. Witness my hand and official seal. (SEAL) My Commission Expires: STATE OF COLORADO COUNTY OF 21/Lid ) ss. ) ss. y��--VL L/%1, ...,,M • O�A��V'ca, Public My t,cmrnission Expires 03/2412008 The foregoing instrument was acknowledged before me this ,;r day of October 2005, by lc:LAI:di for t as I'YlruY.t�{s lkf t! t l' - Ge c:lC An./h"�!';��C a Colorado limited liability company. i1 Witness my hand and official seal. (SEAL) 'Notary Public My Commission Expires: of-,? S-- ,1(x29 - AND NOTARY PU43LIC gy Commission Expires:Og121ir2C0i1 EXHIBIT "A" Amended Plat of Rademacher Business Park Final P.U.D. being a replat of Rademacher Business Park PU.D., located in the NW/4 of Section 23, Township 3 North, Range 68 West of the 6'I' P.M., Weld County, Colorado, more particularly described as follows: Beginning at the Northwest corner of said Section 23 and considering the West line of the NW/4 of said Section 23 as bearing North 00°16'52" West and with all bearings contained herein relative thereto; thence South 40°02'02" East 78. 19 feet to the TRUE POINT OF BEGINNING; said TRUE POINT OF BEGINNING being the Northwest corner of said Rademacher Business Park Y.U.D.; thence along the Northeast, South and West lines of said Rademacher Business Park P.U.D. as evidenced by monuments in the field the following 8 courses and distances; North 89'52'16" East 1332.18 feet; thence North 00°53'36" East 7.97 feet; thence North 89°04'10" East 1154.69 feet to the Northeast corner of said Rademacher Business Park P.U.D.; thence along the East line of said Rademacher Business Park P.U.D. and the West right-of-way line of County Road 9-1/2 South 00°16'32" East 2627.04 feet to the Southeast corner of said Rademacher Business Park P.U.D.; thence along the South line of said Rademacher Business Park P.U.D. South S9°46'20" West 2100.01 feet; thence departing said South line North 00° 1652" West 933.34 feet; thence South 89°46'20" West 416.69 feet to the East right-of- way line of 1-25 frontage road; thence along said East right-of-way line and the West line of said Rademacher Business Park P.U.D. North 00°16'52" West 1673.47 feet to the TRUE POINT OF BEGINNING; Containing 142.007 acres, more or less, excepting Lots 1, 2, 3, 4, 8, 9, 10, 11, 12, 13 and 14, Block 1, and Lots 6 and 12, Block 2, which Surface Owner does not own as of the date of the Surface Use Agreement. 1 \Vj,I.nns°oAIXI-111111 A.wpd • • 24.32' (EXIST.) r ?/ r _ i r rf:41 HLL I 1:11 E14) Wa�r ii' W-1 6I cri J IT • N EXHIBIT NO014'17"W oz zo cp O La O I i _ N N f. A9' LEGEND Aaoeaa Road KING Gathering Pi F. al I no • Duke PI pa Inn -- RGSI Propea ad Florline Bet t•Ly Lee•than teck 18-23 C NW Sec.23-T3N-R68W 1250' FNL,1320' FWL-Bottom Nolo Loc 250' FNL, 2011' FML-Surface Imo M.lt C.., C.1...�. G«wa: VAA/ae•s V t! •rwae DM - CO. •1 LAND a.r. • r— foci • JY ry ;COUNT # fP rrARCEL # ' TAX DISTRICT R7053898 120723203008 2309 REAL ESTATE PROPERTY TAX NOTICE 2007 TAXES DUE IN 2008 WELD COUNTY TREASURER P O. BOX 458 GREELEY, CO 80632-0458 www.co weldco. us Wilk Cot OR ADO WELD COUNTY WELD LIBRARY SCHOOL DIST RE1J NCW WATER SVW WATER MOUNTAIN VIEW FIRE MTN VIEW FIRE(BOND 2008) TOTAL A mill levy is the tax rate per $1,000 of Assessed Valuation 22.038 3.253 37.798 1.000 0.197 7.817 0.060 NET LEVY--> GRAND TOTAL S B 25 -In absence of State legislature funding, 64.548. your School General Fund mill levy would have been 5.234 66 929 $358.26 $69.35 $805.85 $21.32 $4.20 $166.66 $1.28 $1,426.92 $1,426.92 LAND IMPROVEMENTS PERSONAL PROPERTY SR/DV EXEMPTION NET TOTAL 73,508 21,320 i o n 0 0 10) (01 73,508 21,320 MESSAGES • The value of your property for 2008 will not change from the value shown on this tax notice unless the Assessor's office sends you a notice of value in May or June of 2008. Property owners may appeal their value by fax, e-mail. letter, or in person. Contact the Assessor's office for dates and times on the appeal process. RAD L8 BLK2 RADEMACHER BUSINESS PARK PUD AMD PLAT=== PROPERTY LOCATION: Contact Treasurers office immeelately if a number appears in the ton PAYMENT DUE DATE ...AMOUNT FIRST HALF SECOND HALF OR FEB 29th JUN 16th FULL PAYMENT APRIL 30th $713.46 $713.46 $1,426.92 ZEEK PARTNERSHIP LTD C/O KENNETH A WILLIAMSON 4068 CAMELOT CIR LONGMONT, CO 80504 Make Checks Payable to: WELD COUNTY TREASURER SEE IMPORTANT INFORMATION ON BACK. THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAA NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD. RETAIN TOP PORTION FOR YOUR RECORDS p� WELD COUNTY TREASURER W�y,E�R IGREELEY, CO 80632-0458 al iw RI 2007 TAXES DUE IN 2008 ""AUTO"3-DIGIT 805 352 PS3 43250RA24-C-1 88887 3 AT 0.584 RETURN THIS COUPON WITH SECOND HALF PAYMENT DUE BY 2nd Half Coupon - Due June 16th IIIII I 11,iLIIII, uiullJudIulIIII dIII III uill ZEEK PARTNERSHIP LTD C/O KENNETH A WILLIAMSON 4068 CAMELOT CIR LONGMONT, CO 80504 R7053898 County Treasurer is not responsible for erroneous payments. If in doubt please check with your mortgage holder to determine who is to make the tax payment. Failure to do so could result in delayed processing of your account. Unpaid_ prior taxes: Contact Treasurer's Office immediately if a number appears in this box. $713.46 Second Half Due by June 16,2008 ADDRESS CORRECTION. see return envelope back flap. EMERGENCY CONTACT INFORMATION PLEASE TYPE OR PRINT Business Name: ROAt) Yncor/otciec Phone: 3e'3 7/S ,.fold/ Address: / 3oz.f LS Uu'- /L / Fori so611 Business Owner: Phone: Home Address: City: List three persons in the order to be called in the event of an emergency: NAME in/LE E G�_�r;��. TITLE 0/ lItes,cleti1 r rvns &)k 4.eU t'.1J t'low^cc e_r )Zic sckki<f P1O7 F i.. na5¢r Business Hours: 7 f 0o - S•'. Type of Alarm El Burglar ADDRESS PHONE a. foe tiers,Al.ce Lrc�e r ko f..e,-1 303 red i1oef ,' r E 1L v) (annt (cs �QfLL ( LV9 Days: tilt onSI47 303 906 z?p4- ,703 5oC Holdup ❑ Fire E Silent ❑Audible Name and address of alarm company: 1 ii Location of Safe: ILt a MISCELLANEOUS INFORMATION:� Number of entry/exit doors in this building: Location(s): No S t / Poo Li c S b. pe CC c �. ec,1 0it Sago( Irole r�y Is alcohol stored in building? / Nfk Location(s): Are drugs stored in building? 1..; hl Location(s): Are weapons stored in building? N ri Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: Gas shut off: u t Exterior water shutoff: !j 4 Interior water shutoff: A. A REFERRAL LIST Name: Zeek Partnership, Le Colorado Limited Partnership • Case #: SPR-428 County Attorney x Health Department _Extension Office _Emergency Mgt Office - Ed Herring x Sheriffs Office x Public Works _Housing Authority _Airport Authority x Building Inspection x Code Compliance Beth x Kim Ogle (Landscape Plans) Lin (Addressing Change of Zone) _x_Am bulance Services State Div. of Water Resources _Geological Survey _Department of Health _Department of Transportation _Historical Society _Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) x North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts Big Thompson/ FTC _x_Boulder Valley/Longmont _Brighton/SE Weld Centennial _Greeley/West Greeley _Platte Valley West Adams Little Thompson Federal Government Agencies US Army Corps of Engrs USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans x Firestone _Fort Lupton Frederick _Garden City Gilcrest Greeley Grover Hudson Johnstown _Keenesburg _Kersey LaSalle Lochbuie x Longmont x Mead Milliken New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Other x School District RE -1J _Central Colo. Water Cons x Baugh Lateral Ditch x Highland Ditch Company _Art Elmquist (MUD Area) Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 x Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 _Wiggins F-18 Windsor/Severance F-17 Commissioner SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: TOWN OF FIRESTONE PO BOX 100 FIRESTONE CO 80520 COMPLETE THIS SECTION ON DELIVERY A. Signature X "."*".----1 ❑ Agent Addressee . '�t+�ve.:. •nn =.,. '-. C. Date of Delivery /?°7 WelAi 4`(�t� y �l� er1t ❑ vee If YESf Ri gligry ION: ❑No J\. i JAN 09 17nd4 3. S Certified • al O Registered O Insured Mail ■y.xpress Mail Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7005 1160 0001 4539 3106 SENDER: COMPLETE THIS SECTION Domestic Return Receipt • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: TOWN OF MEAD ATTN: RICHARD MACOMBER PO BOX 626 MEAD CO 80542 102595-02-M-1540 COMPLETE THIS SECTION ON DELIVERY A. X O Agent O Addressee B. Recced by (Printed N e) C. Daps of D livery - /(/peel D. Is dP,1y�v!Q��rafr1�dress different from item 1? _O-LYyes If YES,`CMdI'®i larna�a�oftrfrEffi"o III GREELEY OFFICE JAN 0 8 mpg 3. Irr etl tic ertifi ail TIED O Registered etum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Ye 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7005 1160 0001 4539 3083 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. IN Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CITY OF LONGMONT PLANNING DIVISION 350 KIMBARK STREET LONGMONT CO 80501 I COMPLETE THIS SECTION ON DELIVERY A. Signature // ❑ Agent X / ,Vit7/7.--'-'tt ❑ Addressee B. Received by (Printed Name) C. Da a of elivery �rraa.. / ray rill al®gl dlrt�1rom item 1? ❑ es REEVE*reFnuery address below: ❑ No AN 1 7 71109 ECM/ED @'6ertified Mail ❑ press Mail ❑ Registered I1YRetum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7005 1160 0001 4539 3090 Domestic Return Receipt 102595-02-M-1540 a � • tg(Ata O G �Ty Gc-7.„ 4 6U$'eld County Referral C �`, c to O�j'f January 5, 2009 COLORADO �O cg j! -,e73' I 'u j1 The Weld County Department of Planning Services has received the following item for review) Applicant Zeek Partnership, LTD a Colorado Limited Partnership Please Reply By February 5, 2009 Case Number SPR-428 Planner Michelle Martin Project Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material Legal Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to King Street and North of Camelot Circle. For a more precise location, see legal. Parcel Number 1207 23 203008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency i3 0 Date ❖Weld County Planning Dept. ❖4209 CR 24.5, Longmont, CO. 80504 +(720) 652-4210 ext.8730 ❖(720) 652-4211 fax 60;t: COLORADO Weld County Referral Weld County Planning Department January OFFICE 5, 2009 ,IAN "i8',"rl The Weld County Department of Planning S I D following item for review: Applicant Zeek Partnership, LTD a Colorado Limited Partnership Please Reply By February 5, 2009 Case Number SPR-428 Planner Michelle Martin Project Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material Legal Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to King Street and North of Camelot Circle. For a more precise location, see legal. Parcel Number 1207 23 203008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency 01/a SyttiIf'st Date 9 +Weld County Planning Dept. •4209 CR 24.5, Longmont, CO. 80504 ❖(720) 652-4210 ext.8730 ❖(720) 652-4211 fax JAN.13.2009 1:30PM • NO.727 P.2 PLANNING DIVISION JAN 9 a1009 RECEIWeld County Referral January 8, 2009 The Weld County Department of Planning Services has received the following Item for review Applicant Zeek Partnership, LTD Case Number SRR-428 a Colorado Limited Partnership Please Reply By it Eebruary_L.g0fill' Planner t Mlche11&Merthl] Project Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of materiel Legal Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, T3N, R68W of the 6th P.M., Wald County, Colorado Location East of and adjacent to King Street and North of Camelot Circle. For a more precise location, see legal. Parcel Number 1207 23 203008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation, Any response not received before or on this date may be deemed to be a positive response to the pepartment of Planning Services, if you have any further questions regarding the application, please call the Planner associated with the request, Please note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services, ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: signature Agency BliAtt'ivsctLeki ei er g • 201 1 G F6 % 1,01r<-FI/M trek Date .01/Veld Cpunty Planning Dept. +4209 CR 24.6, Longmont, CO. 00604 0(720) 6524210 ext,6730 0(720) 662.4211 fax *'�'� Wi�Yc. COLORADO • !y LI R r, - Co Ty�F i Veld County Referral VCA(,b��iyG?�P^^f January 5, 2009 O CO The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership, LTD a Colorado Limited Partnership Please Reply By February 5, 2009 Case Number SPR-428 Planner Michelle Martin Project Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material Legal Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to King Street and North of Camelot Circle. For a more precise location, see legal. Parcel Number 1207 23 203008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan • We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency st°Vraol vt/i i eS,ita,I ,s ,_f -1%7 Date +Weld County Planning Dept. ❖4209 CR 24.5, Longmont, CO. 80504 +(720) 652-4210 ext.8730 •>(720) 652-4211 fax Weld County Planning Department GREELEY OFFICE Original & Email: PC: CC: WI�Yc COLORADO IAN 2 2 7nir, MEMORANDUM RECEIVED TO: Kim Ogle, Planning Dept. DATE: January 21, 2010 FROM: Clay Kimmi, P.E., CFM, Public Works Dept. Or) -4 - SUBJECT: SPR-428; Zeek Partnership On January 15, 2010, the applicant submitted a Final Drainage Report that was stamped, signed, and dated by Marilee J Goodrich, P.E. Number 37756. Public Works has reviewed the above mentioned submittal for compliance with the Weld County Drainage Criteria. The following comments must be addressed: 1. The calculations for the rock lined swales indicate that the rock size was determined utilizing equation MD -13 from the Drainage Criteria Manual. Table MD -10 from the same manual shows that the minimum riprap size that can be used is VL (D50 = 6 inches). Please revise the calculations in the drainage report to indicate size VL is to be utilized. Please revise the details shown on sheet 6 of 8 to show that VL sized riprap will be utilized for sections A -A' and B -B'. 2. Please provide granular bedding designs for the channels shown in sections A -A' and B -B' Please reference Section 4.4.4 of the Major Drainage Chapter of the Drainage Criteria Manual for information on the design of the granular bedding. Please show the granular bedding criteria on sheet 6 of 8. 3. Please show stability calculations for the riprap lined swales in the drainage report. Please reference Table MD -2 for the criteria to be utilized for the calculations. 4. On sheet 6 of 8, Rip -Rap Pad detail, please identify the D50 riprap size. Please ensure that calculations for the sizing of the riprap pad for the rundown is included in the drainage report. 5. Please note that the Weld County Drainage Code requires a minimum of 2 foot of freeboard for riprap lined trapezoidal channels such as the ones shown for sections A -A' and B -B'. Please contact Clay Kimmi at 970-304-6496 x 3741 if it is not feasible to provide the required amount of freeboard. Please note that the applicant's engineer may submit an addendum to the final drainage report supplying the requested information. The addendum must be stamped signed and dated by a registered professional engineer licensed in the State of Colorado. Please submit 3 sets of construction drawings (2 24x36 and 1 11x17) to Public Works. The construction drawings must be stamped, signed, and dated by a registered professional engineer licensed in the State of Colorado. Please note that a grading permit will be required prior to construction. As part of the grading permit, the applicant shall provide a copy of the approved construction stormwater permit from the Colorado Department of Public Health and Environment. An early grading permit will not be issued. Recommendation g -ails s age of the revre rprocess.willsn be'all 'snort sues may''=arises it ssues of concern anct kPu Works. De rtment ', t w' ,x Kim Ogle, Planning Services SPR-428 Marilee Goodrich, Engineer, 2548 Horseshoe Circle, Longmont, CO 80504 Page I of I M \PLANNING —DEVELOPMENT RE.VIEVASPR-She Plan Review'SPR-428 Zeek Partnership\SPR-428 Zeek Partnership Drainage Comments 01-21-10. docx Weld County Planning Department GREELEY OFFICE Original & Email: PC: CC: ieft COLORADO MEMORANDUM RECEIVED TO: Kim Ogle, Planning Dept. DATE: August IL 2009 FROM: Clay Kimmi, P.E., CFM, Public Works Dept. C-OC. SUBJECT: SPR-428; Zeek Partnership AUG 189nn9 On August 3, 2009, the applicant submitted a Final Drainage Report that was stamped, signed, and dated by Marilee J Goodrich, P.E. Number 37756. Public Works has reviewed the above mentioned submittal for compliance with the Weld County Drainage Criteria. The applicant provided an adequate response to the need for vehicle stop blocks. The blocks are shown on the drawings. The following comments must be addressed: 1. Please address the redline comments provided in the drainage report and on the drawings. 2. The drainage report did not contain address all the items on the preliminary and final checklists that had previously been provided to the applicant. The report must address all items shown on the checklists and must contain copies of the pertinent pages from the reference materials so that it can be considered a "stand alone" document. Please include a copy of the preliminary and final report checklists in an appendix. 3. Type C soils appear to have been used in the calculations. The NRCS Soil Survey shows that the soils are Type B. By using the incorrect soil type, all subsequent calculations are likely to be incorrect. Please review and revise the calculations as necessary. 4. Please show calculations and details for all rundown designs and riprapped areas. It is not acceptable to state that the west rundown shown in SPR-409 will be used to convey over 30 cfs into the pond when it was designed to convey much smaller amounts of water. The rundown must be capable of handling your flows plus the offsite flows shown in SPR-409. 5. As requested in the February 19, 2009, please provide as -built drawings for the stormwater detention pond to show that it currently has adequate capacity. The stage -storage relationship that was provided with the drainage report is not sufficient and was not stamped, signed, and dated by a Professional Engineer licensed to practice in Colorado. 6. Please note, due to the potential for erosion of the detention pond embankments, runoff from sub -basin P1 cannot sheet flow into the detention pond. The runoff from that sub -basin must be directed into a swale and a rundown. Alternatively, provide evidence to show that sheet flow from P 1 will be non -erosive and will not erode the pond sideslopes. 7. Please note that a grading permit will be required prior to construction. As part of the grading permit, the applicant shall provide a copy of the approved construction stormwater permit from the Colorado Department of Public Health and Environment. An early grading permit will not be issued. Recommendation Jring;tf is stage, ofithe review processlw'II fpot-• .b Icerntor issy ma arise A'tlklssuerof concern's £with tfr %bnr Works paRmerrtt _ , Kim Ogle, Planning Services SPR-42S Matt Goodrich, HO -AD Page I of I NI \PLANNING - DEVELOPMENT RE VIEW\SPR-Site Plan Review'SPR-428 Zeek Partnership\SPR-428 Zeek Partnership Drainage Comments 08-17-09 doc COLORADO MEMORANDUM TO: MICHELLE MARTIN, PLANNING SERVICES FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH - SUBJECT: SPR-428 ZEEK PARTNERSHIP LTD v' DATE: 2/19/2009 Environmental Health Services has reviewed this proposal for outside fabrication operations, storage and a sand blast and paint facility. Water will be provided by Little Thompson Water District and an existing septic system (SP -0700084) will provide sewer. The dust abatement and waste handling plans submitted with the application are sufficient. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. 2. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. We recommend that the following requirements be incorporated into the permit as a condition that must be met prior to operation: 1. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www,cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan". 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan" at all times. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. 7. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the facility. 8. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 9. The facility shall utilize the existing public water supply. (Little Thompson Water District) 10. Any vehicle or equipment washing area shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. • • 11. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 12. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 13.All paints, solvents, and other potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). 14.The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. 15.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 3 ‘01\:r. Wilk COLORADO • Weld County Referral January 5, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership, LTD a Colorado Limited Partnership Please Reply By February 5, 2009 Case Number SPR-428 Planner Michelle Martin Project Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material Legal Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to King Street and North of Camelot Circle. For a more precise location, see legal. Parcel Number 1207 23 203008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: k. e %) rb (-WY- OW -Van i Wi ?OC)O Signature Agency 1-1-c R Date +Weld County Planning Dept. ❖4209 CR 24.5, Longmont, CO. 80504 •:•(720) 652-4210 ext.8730 ❖(720) 652-4211 fax WUDc COLORADO Weld County Referral January 5, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership, LTD a Colorado Limited Partnership Please Reply By February 5, 2009 Case Number SPR-428 Planner Michelle Martin Project Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material Legal Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to King Street and North of Camelot Circle. For a more precise location, see legal. Parcel Number 1207 23 203008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency 214107 Date •:•Weld County Planning Dept. +4209 CR 24.5, Longmont, CO. 80504 ❖(720) 652-4210 ext.8730 ❖(720) 652-4211 fax DEPARTMENT OF PLANNINSERVICES BUILDING INSPECTION NORTH OFFICE 918 10th GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 SOUTH WEST OFFICE 4209 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)-65-4210 February 2, 2008 Zeek Partnership LTD. Parcel 1207 23 203008 Site Plan Review SPR-428 1. Building permits will be required for the storage building, paint facility, sand blasting operation and fuel tanks prior to construction. 2. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements by Chapter 10. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2006 International Building Code; and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site -specific geotechnical report or an open whole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. Provide letter of approval from Mountain View Fire Protection District prior any new construction or renovation of any structure. Sincerely, efaetben- Frank iacentino Plans Examiner #Attrii • WIOc COLORADO • Weld County Referral January 5, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership, LTD a Colorado Limited Partnership Please Reply By February 5, 2009 Case Number SPR-428 Planner Michelle Martin Project Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material Legal Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to King Street and North of Camelot Circle. For a more precise location, see legal. Parcel Number 1207 23 203008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: }-j-br0, 29c:ba- L t7xlxfi'Ei `rC!&AI'MENV (Z 3 tcb7- Nt ut tvt,6- INc,, "UGta6 r m n,9O L- t M AIWA 9tZ( -eng-AlestAt. i tati r, Shj-10(.i€i A44+J ACLfr4 C - 1kf i' b'`r Signature Agency P(-brctAki 'N'ca1 Date ❖Weld County Planning Dept. ❖4209 CR 24.5, Longmont, CO. 80504 4(720) 652-4210 ext.8730 4(720) 652-4211 fax at, WIOc COLORADO Weld County Referral January 5, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership, LTD a Colorado Limited Partnership Please Reply By February 5, 2009 Case Number SPR-428 Planner Michelle Martin Project Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material Legal Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to King Street and North of Camelot Circle. For a more precise location, see legal. Parcel Number 1207 23 203008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: f cw4; "� kla " it -011/4 LAt-9 (i 42b (� cb¶ Signature Agency p thdoti 1- P N 1J N N Date ❖Weld County Planning Dept. C•4209 CR 24.5, Longmont, CO. 80504 ❖(720) 652-4210 ext.8730 •(720) 652-4211 fax FROM :GERDOM & ASSOC • FAX NO. :3038285244 ' 28 2009 08:41AM P1 tattrig �c Weld County Referral. January 5, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Zeek Partnership, LTD a Colorado Limited Partnership February 5, 2009 Case Number SPR-428 Planner Michelle Martin Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material Legal Lot 8 Block 2 of Amended Rademacher Subdivision -being part of NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County. Colorado. Location East of and adjacent to King Street and North of Camelot Circle. For a more precise location, see legal. Parcel Number 1207 23 203008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services_ If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conificts with our interests. See attached letter. Comments: --. SQG Signature Agency • hytAirs"--elentettet 1.2s•o9 Date *Weld County Planning Dept 44209 CR 24.5, Longmont, CO. 80504 4(720) 652-4210 ext 8730 4(720) 852-4211 fax FROM :GERDOM & ASSOC • FAX NO. :3038285244 . 28 2009 08:41AM P2 MEMORANDUM TO: Michelle Martin, Weld County Planning FROM: Mead Board of Trustees by Joe Gerdom, Town Plann DATE: January 23, 2009 SUBJ: Weld County Referral: SPR-428 Site Plan in RademacSubdivision On behalf of the Town of Mead, lam responding to the above captioned development referral_ Based on a review of the materials submitted by Weld County, the Town has the following comments and observations concerning this proposal_ This referral is requesting site plan approval to construct buildings for storage, painting, and sandblasting on Lot 8 in conjunction with the industrial business on Lot 7. The Town of Mead borders the Rademacher Subdivision on three sides. Given that there is a clear community of interest between this property and the Town (transportation, sewer treatment, continuity of development); the Town requests that this application be directed to Mead for annexation. Because the site is in the Mead Planning area, if the County approves this application, we would request the following conditions be attached: 1. The applicant/property owners agree to annex into the Town at such time as the corporate limits or other annexation actions are contiguous or adjacent to the property. 2. That there is a single access drive to serve all uses and buildings on Lot 7 and 8. Also, if there are any future proposals to subdivide or develop this property, the Town Board believes the application should be directed to Mad for annexation. Wc_012209_SYR428 CC$1X)!.1 &ASS(i X:1An 915 RrTRASSTREtt. ERIE, C0EOMD0 R0S16 • GERDOMASSOCc44SN,CQM • 303.828.5244 wioc. COLORADO • Weld County Referral January 5, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership, LTD a Colorado Limited Partnership Please Reply By February 5, 2009 Case Number SPR-428 Planner Michelle Martin Project Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material Legal Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to King Street and North of Camelot Circle. For a more precise location, see legal. Parcel Number 1207 23 203008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency t -z l (-)E1 Date I \f ••Weld County Planning Dept. +4209 CR 24.5, Longmont. CO. 80504 +(720) 652-4210 ext.8730 +(720) 652-4211 fax January 12, 2009 MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road • Longmont, CO 80501 (303) 772-0710 • FAX (303) 651-7702 Ms. Michelle Martin Weld County Planning Department 4209 Weld County Road 24.5 Longmont, CO 80504 Dear Ms. Martin: I have reviewed the submitted material for the Zeek Partnership site plan for the sand blasting, painting and storage or materials at 4056 Camelot Circle (Case Number: SPR-428) in Weld County and shall make the following comments with regard to the plans: • Buildings and processes shall be in accordance with the provisions of the 2006 Edition of the International Fire Code, as ratified by the Weld County Commissioners. • The location of the proposed diesel tank may not meet the requirements of the Fire Code. Unless this tank is a U.L. listed 2085 tank (concrete encased), it may not be located within 100 feet of a property line or within 50 feet of buildings on the same property. Additionally, the dispenser will need to be located at least 50 feet from the tank in accordance with Table 2206.2.3 of the International Fire Code. Until clarification is made with regard to the U.L. listing on this tank, the Fire District cannot approve the tank location as proposed on the site plan. A permit for the installation of the aboveground fuel tanks is required from the Fire District. A separate plan submittal is required for this installation. • The Fire District recognizes the required fire flow for the largest building is available from the existing fire hydrant located on Kings Court. • Fire apparatus access to the building appears to be adequate as indicated on the plans. Fire apparatus access roads must be designed and maintained to support the imposed loads of fire apparatus (75,000 pounds). Gates may be chained and locked only if equipped with a Knox Padlock Lock or keys placed in a Knox Box (fire department key boxes). All gates that cross access roadways shall be signed "NO PARKING -FIRE LANE." • Building construction plans and specifications for the paint booth must be submitted to the Fire District for review and approval before building permits may be issued. • A final inspection of the occupancy by a member of the Fire District will be required before a Certificate of Occupancy is issued. Station 1 9119 Cnty Line Rd. Longmont, CO 80501 Station 2 14308 Mead St., Unit B Longmont, CO 80504 Station 3 P.O. Box 575 299 Palmer Ave. Mead, CO 80542 Station 4 P.O. Box 11 8500 Niwot Road Niwot, CO 80544 Station 5 10911 Dobbin Run Lafayette, CO 80026 Station 6 50 Bonanza Dr. Erie, CO 80516 Station 7 P.O. Box 40 100 So. Forest St. Dacono, CO 80514 Ms. Michelle Martin January 12, 2009 Page Two Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions, please contact me at (303) 772-0710. Sincerely, -‘D) LuAnn Penfold Fire Marshal LMP/lp cc: project file 1p01.07.09 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File #: Date: /623/6 $ RE#: Other Case #: 1. Applicant Name ROM') C / Phone (3 c73_.) es- 7 oy.CC Address 17ozr taut /C City mere Cope State CC' Zip fro4"2/ 2. Address or Location of Access 41/4'6 7 Section X3 Township 3N Range 6H. `i Subdivision Block 2 Lot $ Weld County Road 1/- Side of Road Distance from nearest intersection 'Vz9 3. Is there an existing access to the property? Yes X No # of Accesses 4. Proposed Use: ® Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑Subdivision ❑ Commercial ❑Other •**.x*x•rt**«***********tzxxm.**.t.x«.x>x.x+e*********.*x*ax*.«*****.x>.x,e**:tx.x:*x.******+«a*ar:****x**.t«>• 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road l I = House = Shed = Proposed Access + = Existing Access See S:71e.. PI , OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: APPLICATION ASSISTANCE AND OFFICE LOCATIONS • ii Sperry Van Ness 2020 Caribou Drive, Suite 201 - Fort Collins, Co B0525 Phone: 970-207-0700 • Fax: 970-282-0765 2 3 COUNSEL BEFORE; SIGNING. 4 5 6 7 8 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS I-8-07)(Mandatory 1-08) "Fills FORM HAS IMPORTANT LEGAL CONSEQUENCE. AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER CONTRACT TO BUY AND SELL REAL ESTATE (ALL TYPES OP PROPERTIES) with Closing Instructions Date: $6rptemlber 10, 2009 9 1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell, the Property defined below on the terms and conditions set forth 10 in this contract (Contract). 11 2. DEFINEDTERMS. 12 21 Buyer. Buyer, 13 ROAD, The, 14 will take title to thereat property described below as 0 Joint Tenants 0 Tenants In Common 1l Other 15 Cofporate Entity TBD 16 2.2. Property. The Property is the following legally described real estate in the County of weld 17 Colorado: I8 RADEMACHER WS PARK PUD ! t1 - 2 - B (Lot 9) BRAD L9 BL.IC2 RADEt•AC HER BUSINESS PARK POD AHD PLAT- 3.125 Acres - 136,125 Square' Pe©t 19 known as No. 20 Lot 6 Camelot Cirale 21 Street Address City State Zip 22 together with the interests, casements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of 23 Seiler in vacated streets and alleys adjacent thereto, except as herein excluded. 24 2.3. Dates and Deadlines. 25 Longmont, CO 80504 Item No. Reference Event Date or Deadline 1 § 4.2.1 Alternative Earnest Money Deadline 7 days from HE 2 § 5, I Loan Application Deadline 3 § 52 Loan Conditions Deadline 4 § 53 Buyers Credit Information Deadline 5 § 5.3 Disapproval of Buyer's Credit information Deadline 6 § 5.4 Existing Loan Documents Deadline 7 § 5.4 Existing Loan Documents Objection Deadline 8 § 5.4 Loan Transfer Approval Deadline 9 § 6,2,2 AppraisalDeadline 40 days from MEC 10 § 7.1 Title Deadline 5 days from MEC 11 § 8.1 Title Objection Dcadbne 15 days from NEC I2 § 73 Survey Deadline 20 days from HEC 13 § 8.3.2 Survey Objection Deadline 24 days from MEC 14 § 7 2 Document Request Deadline 7 days from HC 15 § 7,4.4 C1C Documents Deo dline 10 days from MEC 16 § 7.4.5 CIC Documents Objection Deadline 15 days from PREPARE Dan Leuschen, Advisor CBS1-6 , Contract b 8uyand Sae Reel Estate (Al Types d Ftapeites) %dh Closing Instructions. Cotoraao Real Estate Commission ResiFAS M.625*VerMat 6.16. software Re4sisredto: Slave J.Karrubk,Sperry Van Ness The Group Commercial El twits) 17 § 82 Off -Record Man Deadline 10 days tree mac IS §82 Off -Record !sinners Objection Deadline 15 days fro. man 19 § 84 Right Of First Refusal Deadline 20 § 10.1 Seller's Property Disclosure Deadlbne 5 days free EEC 21 *102 Inspection Objection Deadline 25 days from Kit 22 § 10.3 lnspecdon Resolution Deadline 27 days fro* sons 23 § 10.5 Property Insurance Objection Deadline 14 days free sac 24 § 12 Closing Date 45 days tree NIX 25 * 17 Possession Date 4$ days from EEC 26 § 17 PossessionTime Transfer of Dead 27 § 31 Acceptance Deadline Date sapteabar 12, 2008 28 §31 AcceptanceDeadlneTime 5:00 P.H. 26 27 2.4. AppBeability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation 'Ti/A" 28 or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (§ 23), means that the 29 corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution of 30 this Contract) means the dale upon which both parties have signed this contract 31 3. INCLUSIONS AND EXCLUSIONS. 32 3.1. Inclusions. The Purchase Price includes the following items (Inclusions): 33 3.1.1. Fixtures. If attached to the Property on the data of this Contract, lighting, heating, plumbing, ventilating, and au 34 conditioning fixtures, TV antennas, inside telephone wiring and connecting blockstjacks, plants, mirrors, floor coverings, 35 intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems, (including 36 accessories), garage door openers including remote controls; and O 37 38 3.13. Personal Property. The following are included if on the Property whether attached or not on the date of this 39 Contract storm windows, storm doors, window ail porch shades, awnings, Winds, sorecns, window coverings, curtain rods, 40 drapery rods, fireplace inserts fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys. If checked, 41 dm following are included: U Water Softeners 0 Smoke/FireDetecter1J Security Systems ❑ Satellite Systems 42 (including satellite dishes). 43 333. Other Inclusions. 44 45 The Personal Property to be conveyed at Closing shall be conveyed, by Seller, free and clear of all taxes (except personal 46 property taxes for the yew- of Closing), liens and encumbrances, except 47 48 Conveyance shall be by bill of sale or other applicable legal instnrmrnt. 49 11.4. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: 50 51 The Trade Fixtures to be conveyed at Closing shall be convoyed, by Seller, free and clear of all taxes (except personal 52 property taxes for the year of Closing), Hens and encumbrances, except 53 54 Conveyance shall be by bill of sale or other applicable legal instrument 55 3.1.5. Parking and Storage Facilities. LI Use Only 0 Ownership of the following patting &cliides: 56 57 and U Use Only D l Ownership of the following storage facilities: �� /�J`'/7'"G'�� 58 iir lc V 59 3.1.6. Water Rights, The following le ly described coat" rights.• a (� 60 •-v and a' - plc water o,glAtS nne�w[2SV wig �roptr, Any water rights till be conveyed by ® Special Warranty Deed O Other or other applicable legal instrument. If well rights are to be transferred to Buyer, Seller agrees to supply the requited information to Buyer for Buyer to submit, and also, if required, a Change in Ownership form as promulgated by the Colorado State Engineer's office. The Well Permitif is 3.1.7. Crowing Crops With respect to growing crops, Seller and Buyer agree as follows: 61 62 63 64 65 66 a latch.,, Advisor a is B y ne Sal Real Estate (Al Types at Properties) WO Clamp hrinrdn Cascade Reel Estate Commlssbn trot Versa, 8.16. Sateen"Raysbred lo: Suva J. Ka iesa Sperry van Ins The Gearq CmvrrWl 67 3.2. Exclusions. The following itenis are cxci tided: 68 69 4. PURCHASE PRICE AND TERMS. 70 4.1. Price and Terms. The Purchase Pricesct forth below than be payable in U.S. Dollars by Buyer as follows: 71 Item No. Reference Item Amount Amount I § 4.1 Purchase Price $ 350,000. 2 § 4.2 Earnest Money 3 §4.5 New Loan 4 § 4.6 Assumption Balance 5 § •4.7 Seller or Private Financing 6 7 8 § 43 hush at Closing 8340,000. 9 TOTAL $ 350,000 $ 350,000. 72 73 42. Earnest Money. The Earnest Money set forth in this section, in the form of Good Funds 74 is part payment of the Purchase Price and shall be payable to and held by Land Ti tie 75 (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered 76 with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline (§ 23) for its payment. The 77 parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any. at or 78 before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund 79 established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that 80 any interest accruing on the Earnest Money deposited with the Earnest Money Molder in this transaction shall be transferred to SI such fund. 82 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of 83 tender of the Contract is as set forth as the Alternative Earned Money Deadline (§ 23). 84 4J. Cash at Closing. All amounts paid by Buyer at Closing, including Cash at Closing, plus Buyer's closing costs, shall be in 85 funds which comply with all applicnble Colorado laws, which include cash, electronic transfer finds, certified check, savings and 86 loan teller's check and cashier's check (Good Funds). Buyer represents that Buyer El Does O Dees Not have funds that are 87 immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 88 4.4. Seller Concession. Selina, tee. Closing, shall pay or credit, as directed by Buyer, a total amount of $ 89 to assist with Buyer's closing costs, loan discount points, loan origination fees, prepaid items (including any amounts that Seller 90 agrees to pay because Buyer is not allowed to pay due to EFTA, CHFA, VA, etc.). and any other fee, cost, charge, expense or 91 expenditure related to Buyer's New Loan or other allowable Seller concession (collectively, Seller Concession). The Seller 92 Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. If the amount of Seller 93 Concession exceeds the aggregate of what isallowed, Seller shall not pay or be charged such excess amount, 94 4.5. Kew Loan. [Omitted -Not Applicable] 95 4.6. Assumption. [Omitted- Not Applicable] 96 4.7. Seller or Private Financing. (Omitted. Not Applicable] 97 5. FINANCING CONDITIONS AND OBLIGATIONS. 98 5.1. Loan Application. [Omitted - Not Applicable) 99 5.2. Loan Conditions. (Omitted - Not Applicable] 100 53. Credit Information and Buyer's New Senior Loan. [Omitted - Not Applicable] 101 5.4. Existing Loan Review. [Omitted - Not Applicable] 102 6. APPRAISAL PROVISIONS 103 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the Property (e.g., roof 104 repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may terminate this Contract 105 (notwithstanding § 10 of this Contract) by written notice to Buyer on or before three calendar days following Seller's receipt of 106 the Requirements. The right to terminate in this § 6.1 shall not apply if on or before five calendar days prior to Closing Date 107 (§ 23): (I) the parties enter into a written agreement; or (2) the Requirements are completed by Seller; or (3) the satisfaction of 108 the Requirements is waived in writing by Buyer. 109 6.2. Appraisal Condition 110 O 6.2.1. Not Applicable. This § 6.2 shall not apply. Ill 181 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contact if the Purchase Price 112 exceeds the Property's valuation determined by an appraiser engaged by Buyer 113 The Contract shall terminate by Buyer delivering to Seller written notice of termination and eithera copy of such appraisal or 114 written notice from lender that confirms the Property's valuation is less than the Purchase Price. received on or before 115 Appraisal Deadline (§ 23). If Seller does not receive such written notice of termination on or before AppraisalDeadline PREPAREDLY; .as tetlon,Advisor C9$t407, *act to Dryand Set Reat Estate( ti Types at Aopertles) with Closlro bandana - Colorado Rent Esnte GooynlsSon Rea1FASTthSt ra®2W&Vesion 6.16 Schwas negre lsaa to: Sieve a Kawabk, Speny Van Nets The Group Comme,dal Buyer(s) P a Seter(s • 116 (§ 23), Buyer waives any right to terminate under this subsection. 117 O 62.3. FHA. It is expressly agreed that notwithstanding any other provisions of this Contract, the Purchaser (Buyer) shall 118 not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest 119 Money deposits orotherwise unless the Purchaser(Buyer) has been given in accordance with HUD/FITA or VA requirements 120 a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement 121 lender, setting forth the appraised value of the Property of not less than S . The Purchaser (Buyer) shall 122 have the privilege and option of proceeding with consummation of the Contract without regard to the amount of the appraised 123 valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban 124 Development will insure. HUD does not warrant the value nor the condition of the Property, The Purchaser (Buyer) should 125 satisfy himself/herself that the price and condition of the Property are acceptable. 126 O 6.2.4. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall 127 not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property 128 described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the 129 Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the 130 consummation of this Contract without regard to the amount of the reasonable value established by the Depanment of 131 Veterans Affairs. 132 63. Cost of Appraisal. Cost o€ any appraisal to be obtained after the date of this Contract shall be timely paid by 133 ® Buyer O Seller. 134 7. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS. 135 7.1. Evidence of Title. On or before Title Deadline (§ 23), Seller shalt cause to be furnished to Buyer, at Seller's expense, a 136 current commitment for owner's title Insurance policy (Title Commitment) in an amount equal to the Purchase Priee, or ifthis 137 box is checked, ❑ An Abstract of title certified to a current date. At Seler5 expense, Seller shall cause the title insurance 138 policy to be issued and delivered to Buyer as soon as practicable at or after Closing. If a title insurance commitment is furnished, 139 it MI Shall O Shall Not commit to delete or insure over the standard exceptions which relate to: 140 (1) parties in possession, 141 (2) unrecorded easements, 142 (3) survey matters, 143 (4) any unrecorded mechanic's liens, 144 (5) gap period (effective date of commitment to date deed is recorded), and 145 (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing 146 Any additional premium expense to obtain this additional coverage shall be paid by U Buyer 181 Seller. 147 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have 148 the right to review the Title Commitment pursuant to § 8.1. 149 7.2. Copies of Exceptions On or before Title Deadline (§ 2.3), Seller, at Seller's expense, shall furnish to Buyer and 150 Sperry Van lelss/The Group Coaercial, ILC. , (1) copies of any. 151 plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a Title Commitment is required to be 152 furnished, and ifthis box is checked El Copies Marry Other Documents (or, if illegible, summaries of such documents) listed 153 in the schedule of exceptions (Exceptions). Even if the box is not checked. Seller shall have the obligation to furnish these 154 documents pursuant to this section if requested by Buyer any time on or before Document Request Deadline (§ 2.3). This 155 requirement shall pertain only to documents as shown of record in the offices of the clerk and recorder in the county where the 156 Property is located. The abstract or Title Commitment, together with any copies or summaries of such documents furnished 157 pursuant to this section. constitute the title documents (Title Doc* tents). 158 7.3. Survey. On or before Survey Deadlue (§ 23) ® Seller O Boyer shall order and cause Buyer (and the issuer of the 159 Title Commitment or the provider oftheo inion of title if an abstract) to receive a current O Improvement Survey Plat 160 O Improvement Location Certificate till4 ALTA survey t 61 (the description checked is known as Survey). An amount not to exceed S 3.500. for Survey shall be paid by 162 ❑ Buyer 13 Seller. Iftbe cost exceeds this amount, O Buyer ® Seller shall pay the excess on or before Closing. Buyer 163 shall not be obligated to pay the excess unless Buyer is informed of the cost and delivers to Seller, before Survey is ordered, 164 Buyer's written agreement to pay the required amount to be paid by Buyer. 165 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations (Association) 166 declarations, bylaws, operating agreement, rules and regulations, party wall agreements, minutes of most recent annual owners' 167 meeting and minutes of any directors' or managers' meetings during the 6.month period immediately preceding the date of this 168 Contract if any (Governing Documents), most recent financial documents consisting of (I) annual balance sheet, (2) annual 169 incomeand expendituresstatemetn, and (3) annual budget (Financial Documents), if any (collectively CPC Dorannents). 170 O 7.4.1. Not Applicable. This § 7,4 shall not apply. 171 7.42. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST 172 COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OP THE 173 PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS ASSOCIATION FOR THE COMMUNITY 174 AM) WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE 175 DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON 176 THE OWNEROFTHE PROPERTY, INCLUDING ANOBLIGATION TOPAY ASSESSMENTS OFTHE ASSOCIATION. 177 IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE 178 PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS. AND RULES AND 179 REGULATIONS OF THE COMMUNITY MAY PROHIBIT 'THE OWNER FROM MAKING CHANGES 'lO THE ser CB51401�, ctbBuy uy and SeAt:e CBS/a-07 rtradb Bryant Sea Real ESSale(Al Types of Prapatbs}wiMCbsirg hsaudany. Gant Real EehMComrtHssion RerlFAtTO tem„ Vercbn G.IG. SdMare Repsbred to: Save J. Kmwloa, Sperry Van Nees The Grow' Cormienml aufelO1 PagegWeis) 80 PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE 81 ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE 82 COMMON INTEREST COMMUNIY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF 83 THE ASSOCIATION, PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY 84 AND THE BYLAWS AND RULES AND REGULATIONS OP THE ASSOCIATION. 85 0 7.43. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents. Buyer has 86 reviewed them, agrees to accept the benefits, obligations and reslrictiorrs that they impose upon the Property and its owners 87 and waives any right to terminate this Contract due to such documents, notwithstanding the provisions of *11.5. 88 7.44. CIC Documents to Bayer. 89 ® 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, at 90 Seller's expense, on or before CIC Documents Deadline (* 23). 91 0 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the C1C Documents to Buyer, 92 at Sellers expense. 93 74.43. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled upon Buyer's receipt 94 of the CIC Documents, regardless of who provides such documents, 95 7.45. Conditional on Buyer's Review. If the box in either § 7.4.4.1 or § 7.4.42 is checked the provisions of this § 7.45 96 shall apply. Written notice of any unsatisfactory provisionin any of the CIC Documents, in Buyers subjective discretion, 97 signed by Buyer, or on behalf of Buyer, and delivered to Seller on or before CIC Documents Objection Deadline (§ 23), 98 shall laminate this Contract. 99 Should Buyer receive the CSC Documents after CIC Documents Deadline (§ 23), Buyer shall have the right, at 200 Buyer's option, to terminate this Contract by written notice delivered to Seller on or before ten calendar days after Buyers 201 receipt of the CIC Documents. If Buyer does not receive the CIC Documents, or if such written notice to terminate would 202 otherwise be required to be delivered after Closing Dale (§ 23), Buyct'swrittennoticetoterminateslmll bereceived by Seller 203 on or before three calendar days prior to Closing Date (§ 23). If Seller does not receive written notice from Buyer within 204 such time, Buyer accepts the provisions of the CIC Documents, and Buyer's right to terminate this Contract pursuant to this 2O5 section is waived, notwithstanding the provisions of* 8.5. 206 NOTE if no box in this § 7.4 is checked, the provisions of § 7.4.4.1 shall apply. 207 8. TITLE AND SURVEY REVIEW. 208 8.1. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of 209 title, form or content of Title Commitment or of any other unsatisfactory title condition shown by the Title Documents, 210 notwithstanding § 13, shall he signed by or on behalf of Buyer and delivered to Seller on or before Title Objection Deadline 211 (§ 23), or within five calendar days after receipt by Buyer of any change to the Title Documents or endorsement to the Title 212 Commitment together with a copy of the document adding any new Exception to title. If Seller does not receive Buyer's notice 213 by the date specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. 214 8.2. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off -Record Matters Deadline 215 (§ 23) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all 216 easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters 217 (including, without limitation, rights of first refusal, and options) not shown by the public records of which Seiler has actual 218 knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in the Property not 219 shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy or water rights). 220 Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, notwithstanding § 13, shall be 221 signed by or on behalf of Buyer and given to Seller on or before Oft Record Matters Objection Deadline (§ 23). Ifseller does 222 not receive Buyer's notice by said deadline, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has 223 actual knowledge. 224 83. Survey Review. 225 O 83.1. Not Applicable. This § 83 shall not apply. 226 0 8.3.2. Conditional en Survey. If the box in this § 832 is checked, Buyer shall have the rightto inspect Survey. If written 227 notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey, notwithstanding § 82 or § 13, is received 228 by Seller on or before Survey Objection Deedline (§ 23) then such objection shall be deemed an tmsatisfactory title 229 condition. If Seller does not receive Buyer's notice by Survey Objection Deadline (§ 2.3), Buyer accepts the Survey as 230 satisfactory. 231 8.4. Special Taxing Districts. SPECL4L TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 232 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 233 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT 234 RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF 235 SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO 236 DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD 237 INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORI7ED GENERAL OBLIGATION 238 INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH 239 INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES 240 In the event the Property Is located within a special taxing district and Buyer desires to terminate this Contract as a result, if 241 written notice, by or on behalf of Buyer, is received by Seller on or before Ott Record Matters Objection Deadline (§ 2.3), this 242 contract shall terminate. If Seller does not receive Buyers notice by such deadline, Buyer accepts the effect of the Property's 243 inclusion in such special taxing district and waives the right to terminate for that reason. 244 8.5. Right to Object, Cure. Buyer's right to object shalt include, but not be limited to those makers listed in § 13. If Seiler PREPARED Leeschon,adasor CBSt3-07 rhea b Roy and Sell Real Fatale WI Tyres of Properti)wth Clourg bnniclmt Gob2do Real Estate comnissbn RaalFAS re., COMB Version 6.te. Sc [ware Registred to: Stye a. Kavelox, Sperry Van Ness the Grow Commercial Buyer(s) P 13 Seller(3} 245 receives notice of unmerchantability of tille or any other unsatisfictory title condition or commitment terms as provided in 246 §§ 8.1, 82, 83 and 8.4, Seller shall use reasonable efforts to cortectsaid items and bear any nominal expense to correct the sane 247 prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing, this Contract 248 shall terminate; provided. however, Buyer may, by written notice received by Seller on or before Closing, waive objection to such 249 items. 250 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to approve this 251 Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder of the 252 right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract shall 253 terminate. If the right of first refusal is waived explicitly or expires, or tire Contract is approved, this Contract shall remain in 254 MI force and effect. Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of the right of first refusal or 255 Contract approval has not occurred on or before Right of Pint Refusal Aquiline (§ 23), this Contract shall terminate. 256 8.7. Title Advisory. The Tide Document% affect the title, ownership and use of the Property and should be reviewed carefully. 257 Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including 258 without limitation boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and 259 other unrecorded agreements, and various laws and governmental regulations concerning land use, development and 260 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of 261 the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold 262 interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them 263 rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy, Buyer 264 is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract 265 (e.g., Title Objection Deadline [§ 2.3] and Off -Record Matters Objection Deadline (§ 23]). 266 9. LEAD -BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings for 267 which a building permit was issued prior to January 1, 1978, this Contract shall be void unless a completed Lead -Based Paint 268 Disclosure (Sales) form is signed by Seller and the required real estate licensees, which must occur prior to the parties signing this 269 Contract. Buyer acknowledges timely receipt of a completed Lead -Based Paint Disclosure (Sales) form signed by Seller and the real 270 estate licensees. 271 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY. BUYER DISCLOSURE AND SOURCE 272 OF WATER 273 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 2.3), Seller agrees to 274 deliver to Buyer the most currant version of the Colorado Real Estate Commission's Seller's Property Disclosure form completed 275 by Seller to the best of Seller's actual knowledge, current as of the date of this Contract. 276 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Property 277 and Inclusions, at Buyet's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective 278 discretion, Buyer shall, on or before Inspection Objection Deadline (§ 2.3): 279 102.1. notify Seller in writing that this contract is terminated, or 280 1012. deliver to Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to 281 correct (Notice to Correct). 282 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2.3), the physical 283 Property and Inclusions shall be deemed to be satisfactory to Buyer. 254 103. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in 285 writing toasettlement thereof on or before Inspection Resolution Deadline (§ 23), this Contract shall tenninate one calendar 286 day following Inspection Resolution Deadline (§2.3),unless before such termination Seller receives Buyer's written withdrawal 287 of the Notice to Correct. 288 10A. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment for all 289 inspections, tests, surveys, engineering reports or for any other work performed at Buyer's request (Work) and shall pay for any 290 damage which occurs to the Property and and Inclusions as a result of such Work. Buyer shall not permit claims or liens of any 291 kind against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold 292 Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or 293 Hen. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability, 294 damage, cost or expense, or to enforce this section, including Seller's reasonable attorney and legal fees. The provisions of this 295 section shall survive the termination of this Contract. 296 10.5. Insurability. This Contract is conditioned upon Buyer's satisfaction, in Buyer's subjective discretion, with the availability, 297 terms and conditions of and premium for property insurance. This. Contract shall terminate upon Seller's receipt, on or before 298 Property Insurance Objection Deadline (§ 2.3), of Buyer's written notice that such insurance was not satisfactory to Buyer. 299 If said notice is not timely received, Buyer shall have waived any right to terminate under this provision, 300 104. Buyer Diselosure. Buyer represents that Buyer ® Does 0 Does Not need to sell and close a property to complete 301 this transaction. Note: Any property sale contingencyshould appear in Additional Provisions (§ 25). 302 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer 0 Does 0 Does Not 303 acknowledge receipt or a copy of Seller's Prrsierty Disclosure or Source of Water Addendum disclosing the source of 304 potable water for the Property. Buyer 0 Does LI Does Not acknowledge receipt of a copy of the current well permit. 0 There 305 is No We1L 306 Note to Buyer. SOME WATER PROVIDERS RELY, TO VARYING DEGREES. ON NONRENEWABLE GROUND 307 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) 308 TO DETERMINE THE LONG-TERM SUFFICIENCY OFTHE PROVIDER'S WATER SUPPLIES. 309 11. METHAMPRETAMINE LABORATORY DISCLOSURE (Residential Property Only). The parties acknowledge that PREPARED tact time and at Real AdalSOf PREPNt r.Uan tnchr SelmaE5tare (At Types of Propel -gaited!, Closing tis[mwima Colorado Real E5u1eC9rmtssaon neaFAS re, C¢mEI Ion 6.16. Software Ragsbred to: Bate t. Kaaubk, Sperry Vat Ness The Group Commercial Buyer(s) 310 Seller is required to disclose whether Seller knows that the Property, if residential, was previously used as a methamphetaminc 311 laboratory. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are 312 fulfilled pursuant to § 25.18.5-102, C.I.S. Buyer further acknowledges that Buyer has the right to engage a certified hygienist or 313 industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. If Buyer's test results indicate 314 that the Property has been used as a methamphetanune laboratory, but has not been remedint d to meet the standards established by 315 rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S., Buyer shall promptly give written notice to Seller 316 of the results of the test, and Buyer may terminate this Contract. 317 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified as the 318 Closing Date (§2.3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by 319 Agreement of Buyer 6 Sailer • 320 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other 321 terms and provisions hereof, Seller shall execute and deliver a good and sufficient special warranty 322 deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the yearofClosing. Except 323 as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements 324 installed as of the date of Buyer's signature hereon, whether assessed or not_ Title shall he conveyed subject to: 325 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents see ej led by 326 Buyerin accordance with (Title Review (§ 8.1), 327 13.2. distribution utility easements (including cable TV), 328 13.3. those specifically described tights of third parties not shown by the public records of which Buyer has actual knowledge 329 and whichwereaccepted by Buyer in accordance with Matters Not Shown by the Public Records (§ 8.2) and Survey Review 330 (§ 83). 331 134. inclusion of the Property within any special taxing district, 332 13.5. other 333 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the 334 proceeds of this transaction or from any other source, 335 15. CLOSING COSTS, DOCUMENTS AND SERVICES. 336 15.1. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective Closing costs and all other items required to be 337 paid at Closing, except as otherwise provided herein. 338 15.2. Closing Information and Documents. Bayer and Seller will furnish any additional information and documents required by 339 Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary or 340 reasonably required documents at or before Closing. 341 153. Closing Services Fee. The fee for real estate Closing services shall be paid at Closing by 0 Buyer 0 Seller @ One-half 342 by Buyer and One-half by Seller0 Other 343 15.4. Closing Instructions. The Colorado Real Estate Commission's Closing Instructions L7 Are X Are Not executedwith this 344 Contract. Upon execution, it Seller 0 Buyer shall deliver such Closing instructions to the Closing Company. 345 15.5. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments (Status 346 Letter) shall be paid by 0 Buyer ® Seller ❑ One-half by Buyer and One-half by Seller. Any fees incident to the transfer 347 from Seller to Buyer assessed by the Association (.Association's Transfer Fee) shall be paid by Cl Buyer N Seller 0 One-half 348 by Buyer and One-half by Seller. 349 15.6. Local Transfer Tax. 0 The local transfer tax of %v of the Purchase Price shall be paid at Closing by 0 Buyer 350 @ Seller 0 One-half by Buyer and One-halrhy Seller, 351 15.7. Sales and use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by 352 0 Buyer ® Seller ❑ One-half by Buyer and One-half by Seller. 353 16. PROBATIONS. The following shalt be prorated to Closing Date (§ 23), except as otherwise provided: 354 16.1. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on 0 Taxes for the 355 Calendar Year Immediately Preceding Closing 121 Most Recent Mill Levy and Most Recent Assessment 0 Other 356 357 16.2. Rents. Rents based on D Rents Actually Received 0 Accrued. Security deposits held by Seller shall be credited to 358 Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases. 359 163, Association Assessments. Current regular Association assessments and Association dues (Association Assessments) paid 360 in advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred 361 maintenance by the Association shalt not be credited to Seller except as may be otherwise provided by the Governing Documents. 362 Any special assessment by the Association for improvements that have been installed as of the date of Buyer's signature hereon 363 shall be the obligation of Seller, Any other special assessment assessed prior to Closing Date (§ 23) by the Association shall be 364 the obligation of O Buyer 0 Seller. Seller represents that the Association Assessments are currently payable at S 11„000. 365 per Year and that there are no unpaid regular or special assessments against the Property except the current 366 regular assessments and 367 368 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the 369 Association to deliver to Buyer before Closing Date (§ 2.3) a current Status Letter. 370 16.4. Other ?rotations Water and sewer charge% interest on any continuing loan, and 371 372 16.5. Final Settlement Unless otherwise agreed in writing, these prorations shall be final. PREPARED BY; Dan Leuschen, Advisor C8514-07. d lin and Sea Rea Estate VIM Typos d Prapetties) with CLxlrg Instruction. cobrodb Roar ante Commission ReaiF re, C2 wsion 6. IC Software Repslered to: Sieve J. neaubk, Sperry Van Ness The Group Carrmenmml Buyerta) Sell 373 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession lime (§ 23), subject 374 to the following leases or tenancies: 375 Transfer of need 376 if Seller. after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable 377 to Buyer for payment of S 500. per day (or any part of a day) from the Possession Date and Possession Time (§ 23) 378 until possession is delivered. 379 Buyer -r Does 0 Does Not represent that Buyer will wain the Property bdstli yter's}tlilrkiphli2side1theA 380 18. ASSIGNABILITY AND INUREMENT. This Contract l Shall 0 Shall Not be assignable by Buyer without Seller's prior 381 written consent Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal 382 representatives, successors and assigns of the parties. 383 19. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-THROUGH. Except as 384 otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the condition existing as of the date of this 385 Contract, ordinary wear and tear excepted. 386 19.1. Casualty Insurance_ In the event the Property or Inclusions are damaged by fire or other casualty prior to Closing in an 387 amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before Closing Date 388 (§ 23). In the event such damage is not repaired within said time or if the damages exceed such sum, this Contract may be 389 terminated at the option of Buyer by delivering to Seller written notice of termination on or before Closing. Should Buyer elect to 390 carry out this Contract despite such damage, Buyer shall be entitled to a credit at Closing far all insurance proceeds that were 391 received by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the amount of 392 any deductible provided for in such insurance policy. Such credit not to exceed the Purchase Price. In the event Seller has not 393 received such insurance proceeds prior to Closing, then Seller shout assign such proceeds at Closing, plus credit Buyer the amount 394 of any deductible provided for in such insurance policy, but not to exceed the total Purchase Price. 395 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including systems and components of the Property. 396 eg, heating, plumbing, etc.) fail or be damaged between the date of this Contract and Closing or possession, whichever shall 397 be earlier, then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size, age and 398 quality, or an equivalent credit, but only to the extent that the maintenance or replacement ofsuclt Inclusion, service or fixture is 399 not the responsibility of the Association, if any. less any insurance proceeds received by Buyer covering such repair or 400 replacement. Seller and Buyer are aware of the existence of preowned home warranty programs that may be purohased and may 401 cover die repair or replacement of some Inclusions. The risk of loss for damage to growing crops by fire of other casualty shall 402 be borne by the party entitled to the growing crops as provided in § 3.1.7 and such party shall be entitled to such insurance 403 proceeds or benefits for the growing crops. 404 19.3. Walk -Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the 405 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 406 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that 407 the respective broker has advised that this document has important legal consequences and has recommended the examination of tide 408 and consultation with legal and tax or other counsel before signing this Contract 409 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof If any note or check received as Earn= 410 Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation hereunder is not 411 performed or waived as herein provided, there shall bathe following remedies: 412 21.1. 11 Buyer is in Default: 413 0 21.1,1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money 414 (whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller and retained by Seller; and Seller may recover such 415 damages as may be proper; or Seller may elect to treat this Contract as being in Ml force and effect and Seller shall have the 416 right to specific performance or damages, or both. 417 ® 21.1.2. Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid to 418 Seller, and retained by Seller Both parties shall thereafter be rekased from all obligations hereunder_ It is agreed that the 419 Earnest Money specified in § 4 is LIQUIDATED DAMAGES, and not a penalty, which amount the patties agree is fair and 420 reasonable and (except as provided in §§ 10.4, 19, 21.3, 22, 23), said forfeiture shall be SELLER'S SOLE AND ONLY 421 REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific 422 performance and additional damages. 423 21.2. If Seller's in Default: Buyer may elect to treat this Contract as canceled, in which ease all Earnest Money received 424 hereunder shall he returned and Buyer may recover such damages as may be proper, or Buyer may elect to neat this Contract as 425 being in Ml force and effect and Buyer shall havethe right to specific performance or damages, or both. 426 213. Costs and Expenses. In theevent of any arbitration or litigation relating to this Contract, the arbitrator or court -shall award 427 to the prevailing party all reasonable costs and expenses, including attorney and legal Ras 428 22. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall first 429 proceed in good faith to submit the matter to mediation. Mediation is a process in which The parties meet with an impartial person who 430 helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions, The parties to the dispute must 431 agree beforeany settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost ofsuch 432 mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within 30 calendar 433 days of the date written notice requesting mediation is delivered by one party to the other at the party's last known address. This 434 section shall not alter any date in this Contract, unless otherwise agreed. 435 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest Money PREPARED BY: Lwschrn,Advise r Custom rtrael b Puy and Sell Real Estate(AITyeesd Properamt*Ka Caere, nrlrudms Colorado Real Estate Gemini Won RealFAS re,¢gaa3Versba eta Sahware Regabredto: Spas J. Kawbk Spiny Van Ness The Grow Cammerclan Swer(s) Page 1 $Be_ its) 436 as directed by written mutual instructions, signed by both Buyer and Seller. In the event of' any controversy regarding the Earnest 437 Money (notwithstanding any temanation of this Contract), Earnest Money Holder shall not be required to take any action. Earnest 438 Money Holder, at its option and sole discretion, may (1) await any pmceeding,(2) interplead all parties and deposit Earnest Money into 439 a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer 440 and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Sella), 44I containing the case number of the lawsuit (Lawsuit) within 120 calendar days of Earnest Money Holder's notice to the parties, Earnest 442 Money Holder shall be authorized to return the Earnest Money to Boyer. In the event Earnest Money Holder does receive a copy of 443 the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the Earnest Money 444 pursuant to the Order of the Court. The parties reaffirm the obligation of Mediation (§ 22). 445 24. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and the 446 patties shall be relieved of all obligations hereunder, subject to §§ 10.4, 22 and 23. 447 25. ADDITIONAL PROVISIONS (The following additional provisions have not been approved by the Colorado Real Estate 448 Commission.) 449 Buyer shall have the right to extend the Inspection Period for one (1) thirty (30) day period by delivering notice of its election to do so to Seller on or before the Inspection Period. in the event the 30 day inspection period is exorcised, closing date eels be extended 15 days beyond the extended inspection dete. Inspection Resolution shall be 3 days after extended resolution date. Ail misv4Caj tr5MT awe rti.1 ail awe 5a2 bras of elf- tertitu^2. dYe traeyVd to file- 9ra4or, 450 26. ATTACHMENTS. The following area part of this Contract: Ud 451 452 Note: The following disclosure forms are attached but are mot a part of this Contract: 453 454 27. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation toacl in good faith, including but not limited to 455 exercising the rights and obligations sot forth in the provisions of Financing Conditions and Obligations (§ 5) and Property 456 Disclosure, laapeclon, Indemnity, laserability, Buyer Disclosure and Source of Water (§ 10). 457 28. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This ameement constitutes the entire Contract between the parties 458 relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated 459 into this Contract. No subsequent modification of any of the terms of this Contract shall be valid, binding upon the panics, or 460 enforceable unless made in writing and signed by the parties. Any obligation in this Contract tluht, by its terms, is intended to be 461 performed after tenninntion or Closing shall survive the same. 462 29. FORECLOSURE DISCLOSURE AND PROTECTION. Seller acknowledges that, to Sellers current actual knowledge, the 463 Property 0 IS 0 IS NOT in foreclosure. In the event this transaction is subject to the provisions of the Colorado Foreclosure 464 Protection Act (the Ac) (i.e., generally the Act requires that the Property is residential, in foreclosure, and Buyer does not reside in a 465 for at least I year), a different contract that camellia with the provisions of the Act is required, and this Contract shall be void and of 466 no effect unless the Foreclosure Property Addendum is executed by all parties concurrent with the signing of this Contract The panics 467 are further advised to consult with their own attorney. 468 30. NOTICE, DELIVERY AND CHOICE OF LAW. 469 30.1. Physical Delivery. Except for the notice requesting mediation described in § 22, delivered after Closing, and except as 470 provided in § 30.2, all notices must be in writing. Any notice to Buyer shall be effective when physically received by Buyer, any 471 individual buyer, , any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice to Seller shall be 472 effective when physically received by Seller, any individual seller, any representative of Seller, or Brokerage Finn of Broker 473 working with Seller. 474 30.2. Electronic Delivery. As an alternative to physical delivery, any Signal document and written notice may be delivered in 475 electronic form by the following indicated methods only: ® Facsimile MI E-mail 0 No Electronic Delivery. Documents with 476 original signatures shall be provided upon request ofany party. 477 30.3 Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance with 478 the laws of the State ofColorudothat would be applicable to Colorado residents who sign a contract in this state for property located 479 in Colorado. 480 31. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expireunless accepted in writing, by Buyer and Seller. 481 as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 30 on or before 482 Acceptance Deadline Date (§ 23) and Acceptance Derd6neTime (§ 23). If accepted, this document shall become a contract 483 between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each parry hasexecuted xecuted a 484 copy thereof, such copies taken together shall be deemed to be a full and congdete contract between the parties. 465 486 PREPARED BY• Advisor 05$1407 dad te ar/anti sea as sate (AY Types el raper) nth Cling rstructans. Colorado Reel EAate Costessiort RsdFAs e.en0a9_VesO' Sit Scream Rea steed to. Sieve J. *tuba, Spew Von Ness The Croup Carmesat reverts) ROAD, Inc. 72 Allogi Home 8: 30 BUYER By: Stephen Bailey Box 009, Evanston, WY 82930 307-789-7145 487 Email Address: sbaileyBelthornoonstruction . con 488 489 )NOTE: If this offer is being countered or rejected, do not sign this document. Refer to §32) 490 2EEK P IP LTD C/0 =won ETH WILL SON 4057-B Jh7/p� - SELLER 4. CL .( By: 491 492 493 32. COUNTER; REJECTION. This Mier is 0 Countered 0 Rejected. 494 Initials only of party (Buyer or Seller) who countered or rejected offer _ 495 496 497 498 BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 499 (To be completed by Broker working with Buyer) 500 50i Broker 0 Does la Does Not acknowledge receipt of Earnest Money deposit specified in § 4 and, while not a party to the Contract, 502 agrees to cooperateupon request with any mediation concluded under § 22. 503 504 Broker is working with Buyer as a to Buyer's Agent 0 Seller's Agent 0 Transaction -Broker in this transaction. 505 0 This is a Change of Status. 506 507 Brokerage Firm's compensation or commission is to be paid by ® listing Brokerage Firm O Buyer 508 0 Other 0th A. Williamson EmailAddress: f)ih (&, pIr4Cei*rtic*wh,i'tek END OF CONTRACT TO BUY AND SELL REAL ESTATE DATE DATE 509 Brokerage Firm'sName: Smutty Van Nese/The Group comaorciai The Group Commercial 2020 Caribou Suite 201 Fort Collins, CO 80525 Phone: 970-207-0700, Fax: 970-282-0785 Signature Dan Leuschen, Senio .visor 510 Email Address: dan.leuschenSsvn.con 511 512 BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 513 (To be completed by Broker working with Seller) 514 515 Broker 0 Does 0 Does Not acknowledge receipt of Earnest Money deposit specified in § 4 and, while not a party to the Contract, 9 id rep. Date PREPARED BY: Dan Leuschen, Athlete. 08S1 a-07. Comma b euyand Sell Reel Estate (At Typist of Propene:) wits Clmhg nsnucfau. Cobtado Reel Estate Commission ReelFA17W Softens, c:2WK Version 6.18 Software Reglsetedto: Sta`1e J. Kawubk. Speay Van NEESThe Group Conneroel Page 100413 516 agrees to cooperate upon request with any mediation concluded under § 22. 517 518 Broker is working with Seller as a ❑ Seller's Agent O Transaction -Broker in this transaction. O This is a Change of Status. 519 520 Brokerage Firm's compensation or commission is to be paid by Q Seller O Buyer O Other 521 522 Date: 523 Brokerage Finn'sName. 524 Broker's Name: 525 526 527 Address; 528 529 Phone No.: 530 FaxNo.: 531 Email Address: 532 533 534 535 536 537 538 539 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND 540 TAX OR OTHER COUNSEL BEFORE SIGNING. 54I 542 543 544 545 546 1. PARTIES, PROPERTY. Brokers Signature The following Closing Instructions are not part of the Contract to Buy and Sell Real Estate. The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CL8.8-07) (Mandatory 1438) ZEEK PARTNSRSHTP LTD c/o rstatern A WILLIAMSON 547 , Seiler, and CLOSING INSTRUCTIONS Date. S JO 10o PAAD, Inc. 548 , Buyer, engage L4 JJ 11fie Gutwan4-a a Cornpaiy , Closing Company, who agates to provide closing and settlement 549 services in connection wy'itth. Lthe Closingg,,ofthe transaction ttRn'the sale and pure of the Properrtgy� knownmm,,No. 550 init t ('ameiot C1rrlt L.r,nlgMOO L"orortt.cfo 90,crb 551 Street Address City 11 t State Zip 552 and more fully described in the Contract to Buy and Sell Real Estate, dated gee? t' gar le 2O& , including any 553 counterproposals and amendments (Contract). 554 555 2. INFORMATION, PREPARATION. Closing Company is authorized to obtain any information necessary for the Closing. 556 Closing Company agrees to prepare, deliver, and record those documents (excluding legal documents) that are necessary to carry out 557 the terns and conditions of the Contract 558 559 3, CLOSING FEE. Closing Company will receive a fee not to exceed S for providing these closing and 560 settlement services. 561 562 4. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to 563 receipt and disbursement of Good Funds, except as provided in ¢ 8 and 9. 564 565 5. DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be 566 separately disclosed in writing to Buyer and Seller by Closing Company or Buyers lender on or before Closing. All patties agree that 567 no one other than the disburser can assure that payoff of loans and other disbursernentswill actually be made. 568 569 6. SELLER'S NET PROCEEDS. Sel er will receive the net proceeds of Closing as indicated: 570 O Cashier's Check, at Seller's expense l& Funds Electronically Transferred (wire transfer) to an account specified by Seiler, at 571 Seller's expense O Closing Company's trust account check. 572 573 7. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to PREPARED SY: Dan Leuschen, Advisor CBS1B-07 a Buy and See Rent Estate(At lyres of Props -6N) wiheloslna nanflus. CoeradoRMt Mutate eorrerdeabon Realffl Spt(ytare. 02038, Verabn 8.18. Soaxare Reatstred to: Sieve J. Konulot, Sperry Van Ness The Group Conraerebt awe4s) page 3 Srlla(s AumoOZen a gnature 620 Address: 621 622 PhoneNo.: 623 Fax No.: 624 Email Address: 625 626 627 628 (Broker) O Working with Seller 629 U Working with Buyer engages Closing Company as Broker's scrivener to complete, for a fee not to exceed $ eta ..uM..,I.,- (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) 574 Buyer and Seller or time of Closing. 575 576 8. FAILURE OF CLOSING. if Closing or disbursement does not occur on or before Closing Date set forth in the Contract, 577 Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the 578 depositing patty, upon which Closing Company will be relieved from any further duty, responsibility or liability ire connection with 579 these Closing Instructions. In addition, any promissory note, deed or trust or other evidence of indebtedness signed by Buyer shall be 580 voided by Closing Company, with the originals returned to Buyer and a copy to Buyers lender. 581 582 9. EARNEST MONEY DISPUTE. Closing Company shall comply with the provisions of § 23 of the Contract incorporated herein 583 by reference. 584 585 10. SUBSEQUENT AMENDMEN1S. Any amendments to, or termination of, these Closing Instructions must be in writing and 586 signed by Buyer, Seller and Closing Company. 587 588 I I. W1TIIl1OLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to 589 withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado 590 resident after Closing. Seller should inquire of Seller's tax advisor to dctemiine if withholding applies or if an exemption exists. 591 592 12. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 593 Commission.) 594 595 13. COUNTERPARTS. This document may be executed by each party, separately, and when each patty has executed a copy, such 596 copies taken together shall be deemed to be a full and complete contract between the parties. 597 598 14. BROKER'S COPIES, Closing Company shall provide, to each balker in this transaction, copies of all signed documents that 599 such brokersare required to maintain pursuant to the rules of the Colorado Real Estate Commission. 600 601 15. NOTICE, DELIVERY, AND CHOICE OF LAW. 602 15.1. Physical Delivery. Except as provided in § 152, all notices must he in writing. Any notice to Buyer shall he effective 603 when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with 604 Buyer. Any notice to Seller shall be effective when physically received by Seller, any individual seller, any representative or 605 Seller, or Brokerage Firm of Broker working with Seller. Any notice to Closing Company shall be effective when physically 606 received by Closing Company, any individual of Closing Company, or any representativeofClosing Company. 607 15.2. Electronic Delivery. As an alternative to physical delivery, any steed documents and written notice may he delivered in 608 electronic form by the following indicated methods only: CI Facsimile U Email O No Electronic Delivery. Documents with 609 original signatures shall be provided upon request ofany party. 610 153. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the 611 laws of the State of Colorado that would be applicable to Colorado resident who sign a contract in this time for property located 612 in Colorado, 613 [loan, Inc. 71 Alingia :, Ci Rome Si: 3 BUYER By: Stephen Bailey Box 809, Evanston, WY 82930 x Y: 307-709-7145 Email Address: abailoy@olkhornconatraction.com BEER PARTNERSHIP LTD 00 KERNETR WILLIAMSON 4057-B SELLER By: ne.: stir A. Williamson CO DATE PATE 614 615 Date: 616 Closing Company's Name: 617 618 619 Authorized Signature Title 620 Address; 621 622 Phone No.: 623 FaxNo.: 624 Email Address: 625 626 (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) 627 {� 628 ' J��C1`� & I.9vOIn. �'/��SGht�"� (Broker)Workingwith Seller 629 f I Wo ng with Buyer engages Closing Company as Brokers scrivener to complete, for a fee not to exceed $ 630 at the sole expense of Broker, the following legal documents: 631 0 Deed 0 Bill of Sale 0 Colorado Real Estate Commission approved Promissory Note ❑ Colorado Real Estate Commission 632 approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal documents pursuant to the 633 terms and conditions of the Contract. 634 635 The documents stated above shall be subject to Brokers review and approval and Broker acknowledges that Broker is responsible for 636 the accuracy of the abovodocuments. 637 638 Dale: 639 Brokerage Finn's Namc 640 Broker's Name: 641 642 ' f 643 Broke'sSignature 644 645 Date: 646 Closing Company's Name: 647 648 649 Authorized Signature Title PREPARED n Landa ,Advisor 0951 ctb Buyand set Real EstateWes Types et wopenbalwan Chahg anwelass. COMMIE} Real Estate Cornrissbn aesG Version 6.16. Software Repstred to: Steve J. Kauvbk, Sperry Van NeesTheGroup Commesla! Meer( r SARA BARDS NOTARY PUBLIC STATE OF COLORADO My Commission Expires Sept. 9, 2010 Filed for record the day of A.D. Reception No. Or o'clock M. RECORDER. 321 SPECIAL WARRANTY DEED THIS DEED, made on this day of .JLU4Y 41 RDO , between ZEEK PARTNERSHIP, LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP whose legal address is: 4057 CAMELOT CIRCLE, #B, LONGMONT. CO 80504, Grantor(s), and State Dooument,a,arY� Fee HOAD, INC.,a WYOMING CORPORATION Date I _ " / 35 .OZ��_ whose legal address is: 71 ALLEGIENCE CIRCLE, EVANSTON, WY 82930, of the Grantee(s): $— WITNESS, that the Grantor, for and in consideration of the sum of $350,000.00 (***Three Hundred Filly Thousand and 00/ t0O*** DOLLARS) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado, described as follows: LOT 8, BLOCK 2, AMENDED PLAT OF RADEMACHER BUSINESS PARK P.U.D. COUNTY OF WELD, STATE OF COLORADO. also known as street number: 4056 CAMELOT CIRCLE, LONGMONT, CO 80504 TOGETHER with all and singular and hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs, successors and assigns forever. The Grantor(s), for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor(s). EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2009 AND SUBSEQUENT YEARS, AND SPECIFICALLY EXCEPTING AND RESERVING TO GRANTOR(S) ANY AND ALL OIL AND GAS AND MINERAL RIGHTS OF ANY NATURE INCLUDING LEASEHOLD INTERESTS AND ROYALTY RIGHTS, AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. IN WITNESS WHEREOF, the Grantor(s) have executed this deed on the date set forth above. ZEEK PARTNERSHIP, LLLP, A COLORADO LIMITED LIABILI LIMITED PALTNERSHIP . NNET11 A. WILCI MSO1 MANAGING MEMBER BY: CONNIE S. WILLIAMSO1 MANAGING MEMBER STATE OF COLORADO ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this day of an-Ua-✓ / ' ` ' "/ , by KENNETH A. WILLIAMSON AND CONNIE S. WILLIAMSON, BOTH AS MANAGING MEMBERS OF ZEEK PARTNERSHIP, LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP. My Commission Expires: 9 Witness my hand and official seal. Notary Public 1111111 11111 111111 II III{II 1111111 III IIIII II11 IIII L,...,u, le 3600321 01/20/2009 11:01A Weld County, CO AGO 794OC- 1 of 1 R 6.00 D 35.00 Steve Moreno Clerk & Recorder Escrow # Title i7 FCC25084405-2 When Recorded, Return to: ROAD, INC., A WYOMING CORPORATION FROM : RLFB_CONSTROCT I ON, _l___ FAX NO. :9795356078 • pKZ469y�D —Weld --241913811-1471 lCOl p-GS0 clerk/&5/94 Recorder5Y PGl WARRANTY DEED K 6 0 DEVELOPMENT COMPANY, a Partnership mwenl _.Dec. t08 D4:34R'1 P1 Of I KEG Doc 5.00 whose address is 14504 1-25 Footage Rued, Longmont, CO 8050 'County of Weld , Sine of Colorado , for the consideration of Ten and no/100 dollars, in hand paid, berth), scll(s) and convey(s) to ZERK PARTNERSHIP, LTD., a Colorado limited whose legal address is 14504 1-25 Frontage Road, Longmont, CO County of Weld the following real property in the Colorado, to wit: partnership 80504 • and State of Colorado County of Weld , and State of Lots 1 through 9 and Lots 11 through 14, Block 1, and Lots 1 through 10, Block 2 Rademacher Subdivision According to the plat recorded thereof, Together with the following ditch and water rights: 1/4 share of the highland Ditch Company, 2 shares of Baugh Lateral Ditch and Reeervior Company and 24 units of Northern Colorado Water Conservancy District (Big T) Water. (Consideration less than $500.00 — no documentary fee required.) also known by street and number es 14504 I-25 Frontage Road , Longmont, CO 80504 with all its appurtenances, and warrant(s) the title to the same, subject to reservations, raarktions, easements, covenants, conditions aad righpbf-way of record. Signed this 2-n day of no N 1994 Efll A. IWIGLIAM1S00IJ/I, General Partner -16:/ CONNIE Si WI LIAMSON•, General Partner STATE OF COLORADO, County of (,y_)J..ld..-. Jrr. The fotegobig Instatmeu t was acknowledged before ale Ihis ;,)55 day of 1Z000s._tsahl .19 94 by KEN ' WILLIAMSON. and CONNIE 8; WILLIAMSON, General Partnere of K 6 •...r) VFWp '- T COMPANY, a Partnership. My,' :, ] odolt - !In "., keg . Witness my hand and official seal. Avi Sp to :18 1; "BM Ilan, PAW Ne, W. Rev. SUS. WARRANTY ono (Shen JOAN MANN e,alla„q. Irv' Con, IL Dom,. CO !ONO — (WO l5AUY0 - TIM LITTLE THOMPSON WATER DISTRICT Alex Sauer, President Jun Cooper Kathy Gallivan -Cris' Mac Juneau Paul Rakowski Richert' Macomber Gary Olson 'led Drysdale 4057 #B, Camelot Cir. Longmont, CO 80504 December 23, 2008 S.55 E. Highway 54 Betthoud, CO e0513_ r 470.532.2096 p 010332-3734 www.I WD.urg Dear Ted: This letter is in response to your request for comments on water service to Lots 7 ee 8, Block 2 in I-25 (Rademacher) Business Park. The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the 13ourd of the District from time to time, You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. • We currently serve let 7 through tap #7894 and have a 12" diameter water line located along Kings Ct. with additional capacity available Therefore, we can commit to provide service to the above property, subject to the limitations in this letter, for one standard residential 5/8" X 3/4" water tap per lot; and the following additional limitations on the provision of water service arc: I. All improvements to District facilities required to provide service will he the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 2. The current plans for Lot 8 being used for storage will not require a second water tap from Little Thompson Water District. When Lot 8 is farther developed with a need for a water tap one will be available. The meter pit has been installed. 3. If a tire hydrant is required for the subdivision there is a $2,000 fire hydrant fee that needs to he paid prior to installation of the fire hydrant. You will he responsible for any improvements or upgrades needed to meet the required lire flows in your subdivision. 4. The design, installation and total cost of the project will he the responsibility of the developer. This commitment letter will expire Iwo years from the date of this letter if the tap has not been purchased paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4" tap is $23,100. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS PROPERTY AT ANY TIME WITHOUT NOTICE TO TARIFFS APPLICABLE 'f OCHE ABOVE YOU OR ANY PERSON If you have questions, please contact tae. Regards, Michel T. Cook District Engineer ?d Wti£T:20 800? bZ 'eau 8L09S£50L6: 'ON XUA----'DNI-'NOIlDfdlSNOD-edld: Woad "IIPc COLORADO Application Number: Apo Type: Applicant Name: Owner Name: Parcel #: Legal Desc: Site Address: • Septic Permit - Final SP -0700084 Health\Com merciallNewlSeptic TED DRYSDALE ZEEK PARTNERSHIP 4068 CAMELOT CIR LONGMONT, CO 80504 ZEEK PARTNERSHIP LLLP 120723203007-R7053798 RAD L7 BLK2 RADEMACHER BUSINESS 4057 CAMELOT CIR Weld County En•nmental Health Services Departme 1555 N. 17th Aven Greeley, CO 806 Phone: (970) 304-64 Fax: (970) 304-64 www.co.weld.c. Status: Ready to Final Applied: 05/23/2007 Issued: 08/28/2007 Finaled: (/ qf;✓�� PARK PUD AMD PLAT=== WELD 0 App_apec_ific info; ;1/2 Bathrooms z3/4 Bathrooms 'Application Date [Associated Building Permit 1Associated Building Permit Number ..'Basement Plumbing Pull Bathrooms jLocation Description Number of Bedrooms !Number of Persons !Other Water Supply Utility 'Parcel Acres (Private Water Supply ;Private Water Supply Permit Reference !Number '=ublic Water Supply 'Public Water Supply Utility Repair Reason Type !Septic Permit Expiration Date 'Waive Fees Waive Fees Comment !Year Installed 4 05/23/2007 No 4057 CAMELOT CIR 0 43 2.994 Yes Little Thompson Water No EHS Pero Test (Site): I Engineer Design Required Engineer Evaluation Received Engineer Job Number Engineer Letter Received Ground Slope 4n 100 Year Flood Plain Limiting Zone Feet Limiting Zone Inches ILimiting Zone Qualifier Percolation Rate Qualifier Percolation Rate Value Slope Direction Soil Description ' Soil Type Suitable Variance Required Yes No No 8 0 Greater Than Equal To 20 Yes No frig OLORADO Minimum lnstal14tion: • Septic Permit - Final Absorption Bed Absorption Trench Additional Terms and Conditions Bed Option 1 Bed Option 2 Bed Option 3 Chamber Option 1 Chamber Option 2 Chamber Option 3 Septic Tank Size Trench Option 1 Trench Option 2 Trench Option 3 1869 Y 1500 Weld County E' onmental Health Services Departrr 1555 N. 17th Ave Greeley. CO 80 Phone: (970) 304-6 Fax: (970) 304-6 WWW. Co. weld.c( Actual installation: 1 Septic Tank: l C-) gallons Absorption Trench: — sq ft Absorption Bed : LS, Z) sq ft Chamber Model --- Design Type: ek Chambers NOTICE The issuance of this permit does not imply compliance with other state, county, or local regulatory or building requirements. nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). 'his permit is non -transferable and non-refundable. The Weld County Department of Public Health and Evnironment reserves the ,rght to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon thgfi al inspection of the completed system by the Weld County Department of Public Health and Environment. Environmental Health Specialist ate • • .1 L Walter Consulting 114 E. 5111 Street Loveland. CO 80537 (970) 613-2037 FAX (970) 203-1147 August 31, 2007 ZFF_K PARTNERSHIP. LLLP Lot 7, Block 2 I-2.5 Business Park Mead, Colorado RE: Septic System Inspection Gentlemen: I inspected the construction of the above referenced septic system on 8/31/07 and found it to be in accordance with the design and Weld County Department of Public Health and Environment regulations. Attached are my Checkout records for your file. Please do not hesitate to contact this office should you have any questions or are in need of additional assistance. Sincerely, tt ri l:. 177 1: Glenn W. Newton P E ---r'1 • • SEPTIC SYSTEM DESIGN SHEET eels Lots 7-10 Septic Estimates �J qtr: 10/10/00 DESIGN CRITERIA: Number of employees: Percolation Rate: OCCUPANT USAGE: 997.5 Gal. Per Day 50 (Shifts Per Day) 201(Minutes per Inch) (ShiftsPer Day *15 Gallons per Shift * 1.33 for Maximum Day) DESIGN SUMMARY: TANKAGE: Minimum Detention: !FT-730(hours) Tank Size: PLAN FOR DOSING - Application Rate: Bed Area: Bed Size: Field Pipe Volume: Dosing Chamber: 937.5 Gallons Minimum F 100O Gallon.Tank Recommended. 1 0.782624 (Gallons per Ft2 per Day) I 1656.926 (Ft') Number of Rows: Width: Length: Bed Area: 4 24 70 I.... =3.5/((Percolation Rate)"(1/2)) =(Gal. Per Day/Application Rate)*1.3 (feet) (feet) 1680 Ft2 122.29561 ft' 167 Gallons Mahole Diameter (ft): Volume per Vert. Ft.: I 94 Gallons Siphon Height: Frequency: ..Inches. •• 1 19 .:Times per Day,:Averago'.- •;^ J Hello