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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20081524.tiff
RESOLUTION RE: ACTION OF THE BOARD CONCERNING PERMIT FOR TEMPORARY ASSEMBLY TO SHAUN LAWRENCE - MAY 31, 2008 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Shaun Lawrence, 18997 County Road 8, Brighton, Colorado 80603, has presented to the Board of County Commissioners an application for a Permit for Temporary Assembly on land within the unincorporated portion of the County of Weld, State of Colorado, to be held from 11:00 a.m. until 8:00 p.m., on May 31, 2008, on property described as follows: 18997 County Road 8, Brighton, Colorado 80603; being further described as part of the SE1/4 of Section 18, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant has paid Weld County the sum of ONE-HUNDRED DOLLARS ($100.00) for said Weld County Permit for Temporary Assembly, and WHEREAS, having examined said application, and reviewing the provided testimony, the Board deems it appropriate to deny a Weld County Permit for Temporary Assembly to Shaun Lawrence, due to concerns regarding the safety and welfare of Weld County residents, ownership of the property, and insufficient infrastructure for the proposed event. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said Weld County Permit for Temporary Assembly on May 31, 2008, be, and hereby is, denied. 2008-1524 LC0022 (�� ; So, OCR J/ �� PERMIT FOR TEMPORARY ASSEMBLY- SHAUN LAWRENCE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: J�c"`a`7 r I .. EXCUSED /IV 1 'Iliam H. Jerke, C�haiir Weld County Clerk to j B' df N \V (4 Robert D. Mqs en, Pro-Tem BY: /I-! Deputy Cler to the Board 1. WillirF. Garcia ED A :7Pfi RM David . Long Attorney Dougl s Radema her Date of signature: 6'/0? 2008-1524 LC0022 WELD COUNTY PERMIT FOR TEMPORARY ASSEMBLY By action of the Board of County Commissioners of the County of Weld, State of Colora , taken this 21st day of May, 2008, IT IS HEREBY GRANTED a permit for a temporary assem ge on land within the unincorporated portion of the County of Weld, State of Colorado, to be he from 11:00 a.m. until 8:00 p.m., on May 31, 2008, 2008, on property described as: 18997 County Road 8, Brighton, Colorado 80603; being further described as Part of the SE1/4 of Section 18, Township 1 North Range 65 West of the 6th P.M., Weld County, Colorado This permit authorizes Shaun Lawrence to hold such an assem age so long as it is in accordance with Chapter 12 of the Weld County Code and all other a icable State and County statutes and regulations. This permit is subject to compliance with th erms and conditions as set forth in the application materials and to additional conditions set fo h by the Board and attached hereto. PERMIT(APPROVED)OR(APPROVED ITH N TIONS)this 21st day of May, 2008. / B ARD F COUNTY COMMISSIONERS \ /VEL OUNTY, COLORADO ATTEST: illiam H. Jerke, Chair Weld County Clerk to the Board/Q/-7j Robert D. Masden, Pro-Tem BY: Deputy Clerk to the Boa William F. Garcia APPROVED AS TO FORM: David E. Long County Attorney Douglas Rademacher NOTE: THIS ERMIT MAY BE REVOKED AND THE BOND FORFEITED FOR FAILING TO ME THE CONDITIONS SET FORTH HEREIN. 2008-1524 LC0022 APPLICATION FOR TEMPORARY ASSEMBLY INSTRUCTIONS TO APPLICANT: Complete each section and mark "N/A" where not applicable. Additional sheets may be attached and maps, sketches or drawings may be substituted for the verbal description of plans for the assembly site. All required information must be furnished before the application will be processed. n NAME: 5 HAit� [ AW/_etic& a AGE: O RESIDENCE: / 14-/ 7 we /' w'"4y/1yUf; cc) o/0 MAILING ADDRESS: S q tri e NAME: AGE: RESIDENCE: MAILING ADDRESS: NAME: AGE: RESIDENCE: MAILING ADDRESS: NAME: AGE: RESIDENCE: MAILING ADDRESS: (This must list all partners in a partnership, officers of an unincorporated association, society or group, or, if there are no officers, by all members of such association, society or group. IF A CORPORATION, ATTACH A CERTIFIED COPY OF THE ARTICLES OF INCORPORATION.) 1. Address and legal description of all property upon which the assembly is to be held: %8 ti 7 m-e g f"Ci'gN/oi. cc 8r.oOJ A. Name, residence and mailing address of the record owners of such property(Attach a notarized statement by the record owners of such property consenting to the assembly if application is not made by all of the record owners.) NAME: .S' NA(hit, g.Aw/_" .vcC RESIDENCE: / O4 7 a5,d, s i /o' , c o lOGo i MAILING ADDRESS: NAME: RESIDENCE: MAILING ADDRESS: M:\CTB\CTBc^="IC\c..--,o hI',and 2008-1524 2. Nature or purposes of the assembly: 7c) ✓ ' S e f D 5 fog Q :s hale° CN:/D serf, 3. Dates and hours during which the assembly is to be held: ) ' 3/- o . he)u%C a 1 /:Uo g :00 M 4. Maximum number of persons to be allowed at assembly at any one time: / 500 5. The maximum number of tickets to be sold, if any: >, 5-0 O 6. Identify plans to limit number of persons to the maximum p identified above: p,CC so,D 7rC�� 7S OAtiy 1, 5 00 , Cr,^.75 f) /'. .�,)rg %La tQ'Q M : T r'_A W, 7 71 C .17 •71 c 7. Identify plans for supplying potable (drinking) water, including the source, number, and location of facilities, and type and means of disposing of waste deposited: A DA;i,ec,n-7 s7,ri;o c-, .stppi,'a4 6 >1 fP&. petT7 11.-4P47-- 8. Identify the plans for holding, collecting, and disposing of solid waste materials: ° 184, 14 cex us cL)eAYC-r i^r 7Hc- c> 'Ty w;PH Also N •- 3 y4g/ r-c'—TAA A To (flirt y IA-7c) 9. Identify the plans for providing separate toilet facilities for males and females, including the source, number, and location, type and the means of disposing of wastes deposited: to To t7.4 poi TIC'S S L' p:,tD P '/ knI 7c corn,ee'Y:aci M:\CTB\CTB FO RMS\Foasmbly.wpd 10. Identify the plans to provide for medical facilities, including the location and construction of any structures, the names, addresses, and hours of availability of emergency medical technicians and nurses and provisions for emergency ambulance service: 9iften1:' el P.4 ia7 vF tu2 F;e, r A ; 44-c!'_, five g gnn 'rs pL vv.'A' rot i /i Di y 11. Identify the plans, if any, to illuminate the location of the assembly, including the source and amount of power,and the location of lamps: A✓A 12. Identify the plans for parking vehicles, including size and location of lots, points of highway access and interior roads, including routes between highway access and parking lots: P,^-7,:v, ;hHea,t R-/O "At ?'7 ©#D Also r,5ttr. sj 04 O /et . i -; c +'+;Le Lot--c: 13. Identify the plans for communications with hospital, police, and fire services, including the source,amount,and location of communication equipment: Cu,c✓it.,a t t cciJ/_ W2.0 C °vv 1 y sH-e.r.-11 rot y ✓- ;FOZ',c D rff,ccec c p461- FJL /C /OO/Yic' 4L -rice-J.4e C v.^r7A4:71- Al S/'t'a;11S erftet' •- ciztn r 4DQ.t 4!44. OA/A 4 t cf 70 35c.- Yo/h' E"'t 3r. 14. Identify the plans for camping facilities, if any: 7✓.A M:\CTB\CTBFORMS\Foasmbly.wpd 15. Identify the plans for fire protection: !vol 45' HaDsotf' F;CR s7A-tio a-F lit^'7 ? isC #/A✓ h �'Ce ( f1 o !i _ 1^spatio.� EkCotc n4,4%1 16. Identify the plans for security, including the number of guards, their deployment, their names, addresses, credentials and hours of availability and description of peer group control, if any: a ivys a c-c, r y c w;10 5, f 1 V_S tvP ;/; CC S ,6'eC titer" -- 17. Identify the plans for sound control and sound amplification, if any, including number, location, and power of amplifiers and speakers: iv A 18. If applicable, identify plans for meeting County health standards for food concessions and concessionaires who will be allowed to operate on the grounds, including the names and addresses of all concessionaires and their license permit numbers: ,v4 19. Identify the plans, if any, for an electrical system: 2 /00 Fo 07 Ev t=•7%o'- c"UL Dz 7U 7Ne Sif!ye M:\CTB\CTBFORMS\Foasmbly.wpd 20. Identify the plans to ensure that trees, underbrush, large rocks, and other natural features shall be left intact and undisturbed, and natural vegetative cover retained, protected and maintained so as to facilitate drainage, prevent erosion, and preserve the scenic attributes; and the plansto abate dust on the site: Secve;17 4- 641r5 70 plate-7 ft-i%ern pee,"/0 6e;..-O 0.- 1-IOA, 5, De 21. Attach a statement by a bonding company licensed to do business in the State of Colorado indicating its intent to furnish a bond required in Section 12-1-30.6.13 of the Weld County Code to ensure performance by the applicant of each of the terms and conditions of the temporary assemblage permit. 22. Attach a statement by an insurance company licensed to do business in the State of Colorado stating its intent to provide liability insurance,as required by Section 12-1-30.B.14 of the Weld County Code, to protect against injury to persons or property occurring as a result of such an assembly. 23. Submit $100.00 fee for each event where three-hundred fifty (350) or more people 4 assemble or can reasonably by anticipated to assemble at any one(1) location, unless the r- location is properly zoned for such assembly, in which case one permit shall be required 4) for for the total number of events scheduled for that location for the reminder of the calendar year, not to exceed ten (10) events per year. As used herein, the term event means an assembly or anticipated assembly which is scheduled to last for three(3)consecutive days or less. BY THIS APPLICATION, APPLICANT(S) AGREES TO INDEMNIFY AND HOLD HARMLESS WELD COUNTY OR ANY OF ITS AGENTS, OFFICERS, SERVANTS, AND EMPLOYEES FROM ANY LIABILITY OR CAUSES OF ACTION WHICH MIGHT ARISE BY REASON OF GRANTING OF A TEMPORARY ASSEMBLAGE PERMIT, AND FROM ANY COSTS INCURRED IN DEFENDING AGAINST SUCH ACTIONS OR IN CLEANING UP ANY WASTE MATERIAL PRODUCED OR LEFT BY THE ASSEMBLY. M:\CTB\CTB FORMS\Foasm bly.wpd The applicant, and each of them, swears, (affirms) that, to the best of his knowledge, the statements contained in the application are true and correct. I Applicant's signature El-/Al r, Av L-A 14, ✓a C Applicant's printed name o frvve /L Applicant's position SUBSCRIBED AND SWORN to before me this (1(6 day of f i 200?) . Witness my hand and of,;, s 4.%a :............coo. ,t�G 1 �� 7:4( ,:: NOTARY e�'• No y Publi My commission expir_:: `,� P4J 3G . 1m,Cr!n^,:scr Eaves IAN t42001b M:\CTB\CTB FORMS\Foasm bly.wpd Page 1 of 3 Jennifer VanEgdom From: SHAUNINCO@aol.com Sent: Tuesday, May 20, 2008 11:43 AM To: Jennifer VanEgdom Subject: Re: Temporary Assembly Permit Attachments: FundraiserCommissionerslNFO.wps Jennifer here is that attachment again , sorry it didn't go though the past two times, as far as those letters are concerned I have no idea how they got the notion that people where going to be parking on their property, because that is absolutly untrue... we have rented parking from two separate neighbors, the only reason these two are complaining is because our horses got out one time on his property, no body will be even parking close to his property, I am going to be getting on my flight here in about an hour so I will be unavaliable till tonight after 6pm. See you tomorrow at the hearing In a message dated 5/20/2008 7:15:07 A.M. Mountain Standard Time,jvanegdom@co.weld.co.us writes: Shaun, I did not receive a previous e-mail from you on Friday, 05/16/08. I did receive this e-mail, however, there are no attachments to the e-mail. Please resend the attachments. If the attachment is not able to be sent, I will need a faxed copy of all of the documents, or they will need to be delivered in person. I have attached copies of the two letters of concern/opposition for your review. Jenny VanEgdom I Deputy Clerk to the Board of County Commissioners I Weld County,Colorado 1 (970)356-4000, ext.4228 From: SHAUNINCO@aol.com [mailto:SHAUNINCO@aol.com] Sent: Monday, May 19, 2008 5:49 PM To: Jennifer VanEgdom Subject: Re: Temporary Assembly Permit jenny i e-mailed an entire packet of this info on May 16th 2008 again here is the attatchment. Also how can I view these notices and why they are objecting?one of them just doesn't like us at all so he was 5/20/2008 Page 2 of 3 the one i knew would object the other is his son in law who lives next door to him , any way i would like to view these documents and again here is our packet of info shaun In a message dated 5/19/2008 3:58:01 P.M. Mountain Standard Time,jvanegdom@co.weld.co.us writes: Mr. Lawrence, As of this afternoon, our office has still not received the necessary documents to complete your Application for Temporary Assembly, as previously requested. My previous correspondence indicated that you needed to provide the following BEFORE your hearing date of May 21, 2008, so that the appropriate staff could provide adequate review: • Proof of ownership of the property, or a notarized statement by the property owner, consenting to the assembly • A detailed map of the premises, and/or surrounding area, indicating access points, parking area(s), and layout of the site • A letter of agreement or proof of arrangement to utilize the neighbors field for parking purposes, as indicated in question #12 of the application (parking is not allowed on County Road right-of-ways) • A copy of the contract for security service with the Weld County Sheriff's Office, as indicated in question #16 • A copy of the contract and proof of insurance for the emergency services provider (as discussed in detail per my e-mail dated 05/07/2008), as indicated in question #10 • A copy of the contract and/or additional details regarding the waste service provider, as indicated in question #8 • A copy of the contract and/or additional details regarding the portable toilet provider, as indicated in question #9 • A statement by a bonding company, indicating intent to furnish a bond, or the provision of a $2,500.00 cash (check) bond, as indicated in item #21 • A statement by an insurance company, indicating intent to provide liability insurance (only an insurance QUOTE has been provided so far), so long as the actual Certificate of Liability is provided to our office before the date of the event, as indicated in item #22 5/20/2008 Page 3 of 3 These items must be turned into our office ASAP so that the Board is able to review these documents at your hearing scheduled for Wednesday morning at 9:00 a.m. Also, as a courtesy notice, I am writing to inform you that two letters of concern/objection, from surrounding property owners Pettinger and Griego, have been added to file for the Board's review. Jenny VanEgdom I Deputy Clerk to the Board of County Commissioners I Weld County,Colorado I (970) 356.4000,ext.4228 Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. 5/20/2008 It II 9 H 9 0 N 0 O Id`- H H 0 0 IL R , a a O 0 a a < 2OO Feet > 25 Feet 25 Feet a 35O Feet > 4.1 0 4- MI A L I .0 I •M I i A I I I In I C I 0 0 I 1 ." I d 0 IL .0 L U m y 0 0 m I. N In r M 0 I C a Cl I m C I N I L C .0 I coe C 0 V 0 e .I 0 1 q as a e L a v y oC U 9 ,.. m c w III d a u m N VI a O MO a .p L r in d lc to 25 Feet 25 Feet > < x x x aI aI y I d EI A dIu 00 IA d la w w w w W ILL w N 4 a. H 0 C H 0a H 111 N0 O' vI It 0 N N 7. a. A K W N L w .5 •w IX x c In C A C H d 4 L 4 OI C Y ,w H 9 IL d N L O A 1 61 d c----175 Feet > IL N M a I N A V L I d I 6 I 0 I a .+ C L d d a o a 0 U, .+ 01 V r N e I U I C I IO c c '1 W y � I A V 0. Page 1 of 3 Jennifer VanEgdom From: SHAUNINCO@aol.com Sent: Wednesday, May 21, 2008 7:29 AM To: Jennifer VanEgdom Subject: Document by document From: SHAUN IN CO To: ShaLawren Sent: 5/21/2008 5:07:31 A.M. Mountain Standard Time Subj: print Signature Instructions: Terms and Conditions: "I have read and I understand the content asked of me in this insurance application and I authorize the Zain Jeewanjee Insurance Agency, Special Events Division to use this information as my final approved version of my application. I understand that this policy is fully earned and non-refundable once policy has been issued. Once policy has been issued any changes and endorsements may result in an administration fee." Print Name: Signature Date ROBBIE RANCH DAY FUND 05/31/2008 - 05/31/2008 View Details B Event Name: ROBBIE RANCH Start Date: 05/31/2008 DAY FUND Venue Name: DAYBIE RANCH End Date: 05/31/2008 City: BRIGHTON Coverage 05/31/2008 Start Date: State: CO Coverage 05/31/2008 End Date: Zip Code: 80603 Outdoor Event? Yes How many years has this event been held under the present management (if never, enter 0)? 0 Any Claims ? No 5/21/2008 Page 2of3 Type of event: Fundraiser FUNDRAISER TO RAISE MONEY TO HELP DISABLED CHILDREN RIDES Event Description: HORSES FOR FREE FOR THE NEXT 10 YEARS. HOSTED BY "RADIO DJ UNCLE NASTY" Maximum Daily Attendance: 1,500 Total 1,500 Attendance: Limits of Insurance Coverage Limit Coverage Description General $2,000,000.00 General Aggregate Liability $1,000,000.00 Product/Completed Operations $1,000,000.00 Personal/Advertising Injury $1,000,000.00 Each Occurence $100,000.00 Damage to Premises Rented to You NOT Medical Expenses COVERED None Deductible Premium Primary GL $2,280.00 Premium TRIA Premium* $3.00 Subtotal $2,283.00 Surplus Lines $8.49 3.000% CO Surplus Tax Lines Tax BROKER FEE $100.00 PAYPAL FEE $12.04 Total Due: $2403.53 Thank you for your interest. We're a one stop insurance agency specializes in commercial liability, worker's comp, professional liability, auto/home, medical, travel insurance, special events insurance and even the insurance for your wedding ring. I'm looking forward to working with you to meet all your insurance needs. Best Regards, 5/21/2008 Page 3 of 3 Tung M Do jee Insurance Co.o 2887 Senter Rd #103 San Jose, CA 95111 Direct: 408: 224-6332 Fax: 408-224-6338 Email: Tung@g1g.com www.insure1234.com (Auto/Home, Worker's Comp, Commercial, Liability, etc.) www lg.com (Travel Insurance) www.onedayevent.com (Special Events Insurance: Concerts, Wedding, Birthday etc.) Headquarters Location: Zain Jeewanjee Insurance Agency 84 W. Santa Clara St#690 San Jose, CA 95113 Tel: 408-286-1111 x 159 Fax: 408-997-7890 Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. 5/21/2008 Page 1 of 2 Jennifer VanEgdom From: SHAUNINCO@aol.com Sent: Wednesday, May 21, 2008 7:29 AM To: Jennifer VanEgdom Subject: doc2 From: SHAUN IN CO To: ShaLawren Sent: 5/21/2008 5:13:03 A.M. Mountain Standard Time Subj: (no subject) Shaun, here is the agreement we talked about. Please let me know if there is anything else we can do. Have a great day. Pridemark Paramedic Services, L.L.C. 6385 W. 52nd. Ave Arvada, CO 80002 Jason Kotas -Special Events & Customer Relations jkotas@pridemark.net (720)975-2414 (office) (720)641-8503 (cell) Original Message From: nobody@kundenserver.de [mailto:nobody@kundenserver.de] Sent: Tuesday, May 06, 2008 3:46 PM To: specialevents@pridemark.net Subject: Special Event Request ...,..*****.>„__......******.._,..******..................****•"•"""• Denver: ON Boulder: Name: Robbie Ranch Days Fundraiser DateRecd: 5/6/08 DateofEvent: 5/31/08 TimeOfEvent: 11:30am EndOfEvent: 7:30pm InPlaceBy: 11:30 Address: 18997 County Road 8 @ The Robbie Ranch T1: Brighton State: CO Zip: 80603 ContactName: Shaun Lawrence Phone: Cell: 720-404-0250 Email: shauninco@aol.com NumberNeeded: 1 Dedicated: Yes SubmittedBy: Kotas ApprovedBy: Kotas Date: 05/06/08 5/21/2008 Page 2 of 2 Time: 05:45:32 PM Details: Need 1 dedicated ALS rig and 5 EMT's for a fundraising function that raises money to get disabled children to the ranch to ride horses. It will bean outdoor festival! Billinglnfo: Community Service Crews: TBD Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. 5/21/2008 Page 1 of 1 Jennifer VanEgdom From: SHAUNINCO@aol.com Sent: Wednesday, May 21, 2008 7:53 AM To: Jennifer VanEgdom Subject: doc7 From: SHAUN IN CO To: ShaLawren Sent: 5/21/2008 5:50:36 A.M. Mountain Standard Time Subj: (no subject) Shaun per our Phone conversation today Waste chaser will provide you with an additional 12 Porta- potties in addition to the 2 already at your ranch . we will drop them off on 5-30-08 and pick them up 6- 02 08 This will provide enough usage for 1,800 people for 7-8 hours The cost on this will be at my cost which 498.00 I will donate the rest as a donation to the program . Any questions comment or concerns please call me at 970-686-7774 Tim Lantz Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. 5/21/2008 Page 1of1 Jennifer VanEgdom From: SHAUNINCO@aol.com Sent: Wednesday, May 21, 2008 7:30 AM To: Jennifer VanEgdom Subject: doc5 From: SHAUN IN CO To: ShaLawren Sent: 5/21/2008 5:38:31 A.M. Mountain Standard Time Subj: (no subject) I Javier Fernandez am renting to Shaun Lawrence at 18997 CR 8 Brighton ,co 80603 my property for his may3lst 2008 Fundraiser, my property can sustain around 480 vehicles. My property is located directly next to his. My address is 3057 Western DR any questions please feel free to call me at 303- 303-434-6133 Javier Fernandez Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. 5/21/2008 C---- 89 Feet----> A I I I y m CU IL. N ri ril I I I V 1 r m 9 A 0 L C 0 a Y L 0 6 0 L 0. z : H H Y 4 4 a a A 0 m m <---- 119 Feet----> N m W Z z I z H H V Y 4 a 4 a L 0 O 4- 0 Y A A d W Ii z z .+ A A N Y y u of Oe i L LI a a L L 6 6 d •w 0 0 13 La y L L d O M1 O u L • L M a m V L L m a 0 L a N c---- 212 Feet----> L 0 a •w d = W z z H H Y 4 A a a Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R6393786 Parcel#: 147318000004 Tax Area: 2214 Bordering County: Acres: 3.91 TownshipiRangeSection Quart.Sec_ Subdivison Name Block# Lot# 01 - 65 - 18 - 0 - - Owners Name&Address: Property Address: PETTINGER RUBY I Street: 18997 8 CR 675 S ALTON WAY 10-D City: WELD DENVER, CO 80247-1717 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 10797A PT SE4 18-1-65 BEG SE COR W204' N835' E204' S835'TO BEG SITUS: 18997 8 CR WELD Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 3.91 Land Subtotal: 3.91 $78,200 $6,220 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $203,930 $16,230 Total Property Value $282,130 $22,450 Building Details Account#: R6393786 Parcel#: 147318000004 Owners Name&Address: Property Address: PETTINGER RUBY I Street: 18997 8 CR 675 S ALTON WAY 10-D City: WELD DENVER, CO 80247-1717 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1972 http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=... 5/6/2008 Page 1 of 2 Jennifer VanEgdom From: Jennifer VanEgdom Sent: Wednesday, May 07, 2008 2:08 PM To: 'SHAUNINCO@aol.com' Subject: RE: Hearing date Attachments: NO08-43.doc Hi Shaun, Your hearing date has been set for Wednesday, May 21, 2008, at 9:00 a.m. I have attached a copy of the notice for your hearing to this e-mail. Please mail or deliver all of the necessary documents to our office as soon as possible, so that they may be included within the review process. As of this date, I have only received the insurance information from you. Regarding your question to paramedics, I am attaching the requirement language straight from the County Code (which is a part of the packet provided to you): 4. Two (2)persons trained in emergency medical technology for the first three hundred fifty (350)persons and one (I)for every three hundred fifty(350)persons after that, together with at least one (I) emergency ambulance available for use at all times. An enclosed structure where treatment may be rendered shall also be provided. Proof of insurance for the company providing standby emergency medical services shall be included for review by the Board of County Commissioners. Said proof of insurance shall indemnify and hold harmless the County or any of its agents, officers, servants and employees from any liability or causes of action which might arise by reason of granting the permit. If you are expecting 1,500 people at the event, you will need at least 5 EMT's; however, you are only required to have one ambulance on standby. Please also note that the map of the premises should reflect where the structure for treatment will be located, and proof of insurance for the emergency services company shall also be provided with a copy of the intent to serve, or a copy of the actual contract. Jenny VanEgdom Deputy Clerk to the Board of County Commissioners (970) 356-4000 Ext. 4228 From: SHAUNINCO@aol.com [mailto:SHAUNINCO@aol.com] Sent: Wednesday, May 07, 2008 1:43 PM To: Jennifer VanEgdom Subject: Hearing date Jenny this is Shaun Lawrence can you please let em know when our hearing date is?we have all of our documents in order and ready to go , the only other question I need to know is how many paramedics are we required, I was going to have 2 ambulances with 4 paramedics but they are telling me that's over kill?what re the requirements? i have already hired one ambulance with 2 EMT do I need more then that? Thanks Shaun 5/7/2008 NOTICE OF APPLICATION FOR TEMPORARY ASSEMBLY Pursuant to the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us DOCKET#: 2008-43 DATE: May 21, 2008 TIME: 9:00 a.m. APPLICANT: Shaun Lawrence 18997 County Road 8 Brighton, Colorado 80603 REQUEST: Application for a temporary assembly of more than 350 persons on May 31, 2008 LEGAL DESCRIPTION: Part of the SE1/4 of Section 18, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: 18997 County Road 8, Brighton, Colorado 80603(See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 9, 2008 PUBLISHED: May 14, 2008, in the Fort Lupton Press PROOF OF PUBLICATION NOTICE OF APPLICATION FORT LUPTON FOR TEMPORARY ASSEMBLY STATE OF COLORADO Pursuant de, publicto the wWeld County Code,a m hearing will be held COUNTY OF WELD SS. C the Chambers of the of rdW of ld County Commissioners o, W of Weld County, Colorado, Weld County Centennial Center, 915 ley, Street. First Floor, G time Colorado 80631, at the time specified. If a court reporter is desired, I, Karen Lambert, do solemnly swear that I please advise the Clerk to the Board,in writing,at least five days am the Publisher of the Fort Lupton Press; prior of the hearing. The cost of engaging a court reporter shall be that the same is a weekly newspaper printed borne by the requesting party. In accordance with the Americans and published in the County of Weld, State with Disabilities Act, if special accommodations are required in of Colorado, and has a general circulation order for you to participate in this hearing, please contact the 70 Clerk therein; that said newspaper has been Board's on at t Je6k 7215, Extension 4226, prior to the published continuously and uninterruptedly day of the hearing. The complete case file may be in said county of Weld for a period of more examined in the office of the Clerk to the Board of County than fifty-two consecutive weeks prior to the Commissioners,Weld County Centennial Center,915 10th first publication of the annexed legal notice Street,Third Floor,Greeley, Color advertisement; that said newspaper has seat toedo individual Commissioner messages sent tom an finer ayl Ccmmld in the may not be been admitted to the United States mails as included inlue case file.To Bor correspondence into the E-Mail second-class matter under the provisions of lease l copy t case o tile,please send .copy to the act of March 3, 1879, or any egesmk@co.weld.co.us amendments thereof, and that said DOCKET#:2008-43 DATE:May 21,2008 newspaper is a weekly newspaper duly TIME:9,00 a.m. qualified for publishing legal notices and APPLICANT: Sadvertisements within the meaning of the 18997 County Roads laws of the State of Colorado. That the Brighton,Colorado 80603 annexed legal notice or advertisement was published in the regular and entire issue of REQUEST: Application for a every number of said weekly newspaper for temporary assemblyof more than 350 persons on May 31,2008 the period of 1 consecutive insertion(s); and LEGAL DESCRIPTION: Part of the SE1/4 of Section 18.Township that the first publication of said notice was in 1 North,Range 65 West of the 6th P.M.,Weld County,Colorado the issue of newspaper, dated 14th day of LOCATION: 18997 County Road May, 2008, and the last on the 14th day of L.Legal Description cpItiond°for precise , Brighton, tonscri May, 2008. location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED:May 9,2008 PUBLISHED:May 14.2008,in the Fort Lupton Press Publisher. Subscribed and sworn b O ' LOPE 9th day of May, 2008. m NpTARY rn oT Kt.9 L 15:"4, PUB 1�C+ Q�o-� L_� 4 •?;; ox cO-°5`" `SS/oN Exe`" Notary Public. CASE NO.401951 key 51387 Kit ‘e. Memorandum Ville TO: CLERK TO THE BOARD From: Dan Joseph, Environmental Health Specialist COLORADO DATE: 05/14/08 SUBJECT: Temporary Assembly Permit and Special Events Liquor License for LC0022 In response to your request, Environmental Health Services has reviewed the Special Events Permit and Temporary Assembly Permit, LC0022, for Shaun Lawrence (Robbie Ranch Day Fund 2008), located at 18997 County Road 8, Brighton, Colorado. The following are the recommendations made by this Department: 1) If water is provided from well water, that the water be tested prior to event to ensure that meets minimum safe drinking water requirements. 2) The application states that no food will be served, but the event site is to have at least 12 yards worth of trash capacity. The Department would like further clarification on this point(such as, is it the intent that customers bring there own food?). 3) That at minimum there should be at least 1 temporary hand washing station provided for every two portable toilets. Should you have any questions regarding this matter, please contact me at extension 2206 or via e-mail at dioseph(&co.weld.co.us. co.weld.co.us. Thank you. CC: Cindy Salazar, Sara Evans MEMORANDUM 440,4;i6 4 �y�/ To: Jenny VanEgdom, Deputy Clerk to the Board May 16, 2008 IL 1C From: Bethany Salzman, Zoning Compliance Officer II, Dept. of Planning Services COLORADO Subject: LC0022 Review of the following Temporary Assembly Permit application by the Department of Planning Services shows the following: Applicant: Shaun Lawrence (Robbie Ranch Day Fund) 18997 County Road 8 Brighton, Colorado 80603 Location of Event: 18997 CR 8 Brighton, Co 80603 (Event to take place May 31 Zone District: Agriculture Upon review of my case files and computer, ZCV08-00077 was noted. This violation was initiated due to a complaint that on more than 1 (one) occasion more than 30 one-way trips had been generated per day associated with the animal training facility causing congestion and parking issues. This type of use requires a Use by Special Review permit(Section 23-3-40.B.10 and 23-3-40.Q of the Weld County Code). Additional Information: I have received 3 (three) separate complaints regarding this property. Since parking has been an on-going issue with the neighborhood, I recommend that Public Works be advised of this hearing and provide comments or concerns. SERVICE,TEAMWORK,INTEGRITY,QUALITY TEMPORARY ASSEMBLY REVIEW FORM Date: May 6, 2008 TO: DEPUTY ALLEN CALDWELL FROM: CTB Liky SUBJECT: Temporary Assembly Referral Please review all records on the following property for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office within seven days. Your report will be used by the Board of County Commissioners in considering issuance of a Temporary Assembly Permit. A hard copy of the application will be sent to you through inter-office mail. The hearing before the Board of County Commissioners has been set for Wednesday, May 21, 2008, at 9:00 a.m. (Applicant has not provided many of the specific details;however, due to the timing requirements for the hearing, I must go ahead and get the referral process started. Applicant's contact number is 720-404-0250. I have indicated he must provide proof of ownership of the property, a map of the premises indicating layout and parking on the site, the necessary bond paperwork, copies of contracts with ambulance provider, trash provider, portable toilet provider, and security). PLEASE RESPOND NO LATER THAN: May 14, 2008 APPLICANT: SHAUN LAWRENCE 18997 WELD COUNTY ROAD 8 BRIGHTON, COLORADO 80603 No concerns f4e MTh,4-1"te D ty's Initials 02 The Sheriffs Office had a concern and the deputy has mutually worked with the property owner to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) Please notify NO /44' .64L_ at Extension 2962 of the date and time of the Board of Commissioner's renewal hearing. Page 1 of 2 Jennifer VanEgdom From: Alan Caldwell Sent: Tuesday, May 20, 2008 3:02 PM To: Jennifer VanEgdom Subject: RE: Temporary Assembly Permit Ms VanEgdom: Mr. Lawrence did not follow through on his commitment to enter into a law enforcement contract with our office. I believe that a law enforcement presence is necessary due to the large number of persons that are projected to attend the event. Therefore, I recommend that his application for temporary assembly be denied at this time. Sincerely, Alan Caldwell Commander—Weld County Sheriffs Office From: Jennifer VanEgdom Sent: Monday, May 19, 2008 4:58 PM To: 'SHAUNINCO@aol.com' Cc: Stephanie Arries; Bruce Barker Subject: Temporary Assembly Permit Mr. Lawrence, As of this afternoon, our office has still not received the necessary documents to complete your Application for Temporary Assembly, as previously requested. My previous correspondence indicated that you needed to provide the following BEFORE your hearing date of May 21, 2008, so that the appropriate staff could provide adequate review: • Proof of ownership of the property, or a notarized statement by the property owner, consenting to the assembly • A detailed map of the premises, and/or surrounding area, indicating access points, parking area (s), and layout of the site • A letter of agreement or proof of arrangement to utilize the neighbors field for parking purposes, as indicated in question #12 of the application (parking is not allowed on County Road right-of- ways) • A copy of the contract for security service with the Weld County Sheriff's Office, as indicated in question #16 • A copy of the contract and proof of insurance for the emergency services provider(as discussed in detail per my e-mail dated 05/07/2008), as indicated in question #10 • A copy of the contract and/or additional details regarding the waste service provider, as indicated in question #8 • A copy of the contract and/or additional details regarding the portable toilet provider, as indicated in question #9 • A statement by a bonding company, indicating intent to furnish a bond, or the provision of a $2,500.00 cash (check) bond, as indicated in item #21 • A statement by an insurance company, indicating intent to provide liability insurance (only an insurance QUOTE has been provided so far), so long as the actual Certificate of Liability is 5/20/2008 Page 2 of 2 provided to our office before the date of the event, as indicated in item #22 These items must be turned into our office ASAP so that the Board is able to review these documents at your hearing scheduled for Wednesday morning at 9:00 a.m. Also, as a courtesy notice, I am writing to inform you that two letters of concern/objection, from surrounding property owners Pettinger and Griego, have been added to file for the Board's review. Jenny VanEgdom I Deputy Clerk to the Board of County Commissioners I Weld County, Colorado (970)3564000,ext.4228 5/20/2008 Interoffice Memo ♦ �E + {L CD } To: CTB From: COMMANDER ALAN CALDWELL Date: MAY 14, 2008 Subject: TEMPORARY ASSEMBLY - SHAUN LAWRENCE I reviewed the application for a Temporary Assembly Permit submitted to your office by Shaun Lawrence. I was unable to find any police reports associated with the property with in the last year. I will be meeting with the applicant on May 20, 2008 to enter into a Law Enforcement Special Duty Agreement. Per the agreement, the Sheriffs Office will supply FIVE deputies from 1130 hrs through 1930 hrs on May 31, 2008. I do not have any concerns at this time provided that the applicant enters into a Law Enforcement Special Duty Agreement for FIVE deputies with our office and provides the following to CTB: 1) Proof of ownership of the property 2) A map of the premises indicating layout and parking on the site 3) The necessary bond paperwork 4) Copies of contracts with ambulance, trash, portable toilet and private security contracts 5) Statement by an insurance company stating it's intent to provide liability insurance to protect against injury to persons or property occuring as a result of such an assembly. Please contact me at your earliest convenience if you have any questions. Since, Alan Caldwell Commander-Weld County Sheriffs Office. 970-356-4015 x 2808 ASSEMBLAGE APPLICATION OF RICK AND TAMMI FISHER - MOTOR CROSS RACE MAY 2008 Review of application: 1. Applicant: Shaun Lawrence - Robbie Ranch Day Fund Property Owner: Shaun Lawrence - says he is buying the property and expects to close on May 27`h. But he mentioned that the closing may be postponed until AFTER the event. Recommend that there be a statement provided from the current owner by the time of the hearing and again after May 27`h. Current owner is Ruby I. Pettinger Event Address: 18997 County Road 8 This is a 3 .91 acre lot near Lochbuie Legal: 1079 A PT SE4 18-1-65 BEG SE COR W204' N835' E204' S835' TO BEG SITUS Weld County. Colorado; Street Address: 18997 County Road 8, Brighton, CO 80603 2. Purpose: Fund raising for disabled children: ROBBIE RANCH DAY FUND 3. Dates: May 31, 2008 11:00 a.m.- 8:00 p.m. 4. Maximum number of people: 1500 people (Expect 1500) 5. Maximum number of tickets: 1500 tickets are being pre-sold 6. Plan to limit the number of people: They will not admit people without tickets. ***THIS MAY NOT COMPLY WITH CODE REQUIREMENTS TO HAVE A PLAN IN PLACE.*** 7. Adequate supply of potable drinking water: Applicant states that there will be two drinking stations supplied by property owner. The applicant does not address the means of disposing of waste. The code requires them to provide at least 3 gallons of water per person per day. The medical facility must have running water and a lavatory. ***THERE IS NOTHING TO INDICATE WHETHER THESE ARRANGEMENTS COMPLY WITH THE CODE REQUIREMENTS.*** 8. Disposal of solid waste: Applicant states that there will be 20 trash cans on the property with 4 - 3 yard containers to empty the cans into. ***THERE IS NO PLAN AS TO HOW FOLKS WILL MONITOR FULL BARRELS - HOW OFTEN THEY WILL BE CHECKED, ETC.*** 9. Plans for providing separate toilet facilities for males and females, including the source, number and location of disposing of wastes deposited: Applicant states that Waste Connections will supply ten (10) porta potties. ***UNDER THE CODE, THERE MUST BE 1 TOILET FOR EVERY 100 MEN AND 1 TOILET FOR EVERY 100 FEMALES - THIS IS NOT SUFFICIENT*** 10. Plans to provide medical facilities. The Code requires medical personnel on site: Applicant states that there will be a separate site set up for first aid, and that there will be 5 EMTs present for the day and I think his answer states 2 ambulances - Cannot read his writing. ***NEED TO FIND OUT WHERE THESE FOLKS AND AMBULANCES ARE COMING FROM ALSO, NEED TO KNOW IF HE DID SAY 2 AMBULANCES*** ***NOTHING INDICATES THAT THE FACILITIES AREA IS COVERED*** ***IN TELEPHONE CONVERSATION, HE ARGUED WITH JENNY ABOUT THIS ISSUE - AFTER HE STATED IN THE APPLICATION THAT THIS WAS ARRANGED*** ***NEED SPECIFICS*** 11. Nighttime Illumination: Applicant states that this requirement is NOT APPLICAPABLE ***IT WILL BE DUSK WHEN THE EVENT IS OVER - NEED TO DETERMINE IF LIGHTING IS NEEDED*** 12. Plans for parking: Applicant states that the next door neighbor is allowing parking in the field. However, there is nothing to indicate that the neighbor consents. In addition, Applicant is assuming that parking is available on the side of the road which he says is 18 feet wide and % mile long. ***PARKING ALONG THE ROAD IS NOT AN OPTION.*** *** HE MUST PROVIDE SOME KIND OF NOTARIZED STATEMENT FROM THE NEIGHBOR INDICATING THAT HIS FIELD IS AVAILABLE FOR PARKING.*** *** HE NEEDS AT LEAST 375 PARKING SPOTS.*** ***THERE IS NO INFORMATION AS TO WHETHER TRAFFIC PULLING IN AND OUT OF THE SITE COULD BE A PROBLEM.*** 13 . Plans to communicate with emergency personnel: Applicant states that contact will be through 5 uniformed Weld County Sheriff's officers and 10 additional security officers. ***CANNOT DETERMINE WHAT COMPANY THESE OTHER SECURITY OFFICERS WORK FOR - NEED THAT INFORMATION. HE NEEDS A TOTAL OF 9 SECURITY PERSONNEL*** ***THIS DOES NOT MEET THE CODE'S REQUIREMENT THAT THERE MUST BE "ADEQUATE COMMUNICATION WITH HOSPITAL, POLICE AND FIRE SERVICES BASED IN THE MEDICAL STATION"*** 14. Identify camping facilities: This is not applicable to this event. 15. Plans for fire protection: Applicant states that he plans to notify the Hudson Fire Department and to have them do an inspection before the event. *** CANNOT DETERMINE IF THE HUDSON FIRE DEPARTMENT HAS BEEN NOTIFIED OF THE EVENT.*** 16. Plans for security: Applicant states there will be 5 Weld County Sheriff's officers and 10 additional security officials. - The name of the Company has not been supplied. ***THE NAME OF THE SECURITY COMPANY MUST BE PROVIDED.*** 17. Sound Control and Sound Amplification: Applicant states that this is NOT APPLICAPLICABLE. HOWEVER, THEY DO HAVE A STAGE*** 18. Plans to meet County Health standards for food concessions and concessionaires: Applicant states that this is NOT APPLICAPABLE. 19. Plans for Electrical Systems: Applicant states that there will be 2 100 foot electrical cords, running from what is presumably the (his) house to the stage. ***IT IS UNCLEAR WHETHER THIS WILL MEET THE COUNTY'S CODE*** 20. Plans for Dust Control: Applicant states that there will be security and gates preventing people from going into his house. ***NEED TO BE CERTAIN THIS ACTIVITY DOES NOT GENERATE DUST WHICH WOULD IMPACT THE SURROUNDING PROPERTIES.*** ***THERE IS NOTHING TO ADDRESS THE USE OF THE NEIGHBOR'S FIELD*** 21. Bonding Company Statement: They have only a statement from what is represented to be an insurance agency that general liability insurance coverage is available. It specifically states that medical expenses are not covered. ***IT IS NOT CLEAR THAT THIS BOND COVERS WHAT THE CODE CONTEMPLATES. THE PURPOSE OF THE BOND IS TO PERMIT THE BOARD TO DRAW AGAINST THE BOND IF THE EVENT CAUSES SOME HARM WHICH THE EVENT CAUSES.*** 22. Insurance Company Statement: They have only a statement from what is represented to be an insurance agency that general liability insurance coverage is available. It specifically states that medical expenses are not covered. *** THE PROBLEM WITH THE STATEMENT PROVIDED IS THAT IS IS NOT A CERTIFICATION OF INTENT TO INSURE. THE STATEMENT FRONM THE AGENT REFERS TO A "ROBBIE RANCH DAY FUND" . IT IS NOT CLEAR WHAT THAT FUND IS NOR IS IT CLEAR HOW THAT FUND RELATES TO SHAUN LAWRENCE, WHO IS PRESUMABLY TAKING THE PROPERTY IN HIS PERSONAL NAME. THE EVENT SPONSOR IS NOT THIS FUND.*** ***THERE IS NO LISTING FOR A "ROBBIE RANCH DAY FUND" IN THE SECRETARY OF STATE'S DATA BASE.*** ***NEED CURRENT INSURANCE DOCUMENTATION.*** 23 . Application fee of $100: The application fees have been paid. Jeewanjee Insurance Agency Page 1 of 2 r, r t= , x00' o►1rt jcewnjcc 1nsuRdncc irm.gre.o-lcE.' is i11Jt iausirt 40' • Contact Us Who We Are :.::,::. ... . ... .,.... Workers Comp Gen. questions: Founded by Zain Jeewanjee in 1985 after discovering a 800-257-7718 void in the number of agents that fully understood the ever changing business insurance industry. 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San Jose,CA 95126 Map Rate It I Read Reviews • http://www.yellowpages.com/name/San-Jose-CA/Insurance-Agency?sort--content&search_ ... 5/7/2008 Colorado Secretary of State - Records Search Page 1 of 1 t F y t:Jl E'9tt�:•.< 'c: ';ci ;:t:.itc; esof BUSINESS CENTER a Eer i5 CiillY"i Business Center Information Center Licensing Center I Secretary of State H Business Home Records Search Business Information Business Search • No results found for the specified name. Help on this Page FAQs Business paper documents processed 05/05/2008 Glossary through: Complete one of the following: Business name, trademark or trade name: Robbie Ranch Day Fund ---- OR ID or document number: OR Name availability: • Advanced Search • Trademark Advanced Search [ E Pius Page ... I Mtg Business Center 303 894 2200•Fax:303 869 4864•e-mail:sos_business@sos.state,co us A Search I Contact us I Privacy statement l Terms of use http://www.sos.state.co.us/biz/BusinessEntityCriteriaExt.do;j sessionid=00001 4kEchhThsZ... 5/7/2008 Colorado Secretary of State - Summary Page 1 of 1 N' Y 'Electionst Center Business Center Information Center licensing Center Secretary of State fl For this Record... Summary History&Documents File Document Email Notification ID Number: 20061182961 Business Home Name: HACNM Inc Business Information Business Search Registered Agent: Shaun David Lawrence Registered Agent Street Address: 6531 Marshal st, arvada, CO 80003,United Stai FAQs Registered Agent Mailing Address: Glossary Principal Office Street Address: 6531 Marshal st, Arvada, CO 80003,United Ste Principal Office Mailing Address: Status: Delinquent Form: Corporation Jurisdiction: Colorado Formation Date: 05/03/2006 Term of Duration: Perpetual Annual Report Month: May You may: • View History and Documents • File a Document • Set Up Email Notification f Previous Page Business Center:303 894 2200•Fax:303 869 4864•e-mail:sos.business@sos.state.co us • Search I Contact us Privacy statement I Terms of use http://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEn... 5/20/2008 Colorado Secretary of State Flied Date and Time: 05/03/2006 06:41 AM Document processing fee Entity Id: 20061182961 If document is filed on paper $125.00 If document is filed electronically $ 25.00 Document number: 20061182961 Fees&forms/cover sheets are subject to change. To file electronically,access instructions for this form/cover sheet and other information or print copies of filed documents,visit www.sosstate.co.us and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation filed pursuant to §7-90-301,et seq.and§7-102-102 of the Colorado Revised Statutes(C.R.S) 1.Entity name: HACNM Inc (The name of a corporation must contain the term or abbreviation "corporation-, "incorporated", "company". "limited", "corp.".inc.", "co."or"ltd":If the corporation is a professional corporation,it must contain the term or abbreviation "professional corporation". "p.c.",or 'pc"§7-90-601,CRS) 2. Use of Restricted Words(if any of these terms are contained in an entity name,true ❑ "bank"or"trust"or any derivative thereof name of an entity,trade name or trademark 0 "credit union" 0 "savings and loan" stated in this document,mark the applicable ❑ "insurance","casualty","mutual",or"surety" box): 3. Principal office street address: 6531 Marshal st (Street name and number) Arvada CO 80003 (City) (State) (Posal/Zip Code) United States (Province—ifapplicable) (Country—if not US) 4.Principal office mailing address: (if different from above): (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province—ifapplicable) (Country—ifnot US) 5. Registered agent: (if an individual): Lawrence Shaun David (Last) (First) (Middle) (Suffix) OR(if a business organization): 6.The person appointed as registered agent in the document has consented to being so appointed. 7.Registered agent street address: 6531 Marshal st (Street name and number) arvada CO 80003 (City) (State) (Postal/Zip Code) ARTINC_PC Page I of 3 Rev. 11/16/2005 8. Registered agent mailing address: (LEAVE BLANK if same as above) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province—if applicable) (Country—if not US) 9.If the corporation's period of duration is less than perpetual,state the date on which the period of duration expires: (mm/dd/yyyy) 10. (OPTIONAL) Delayed effective date: (mm/dd/yyyy) 11.Name(s)and address(es)of incorporator(s): (if an individual) Lawrence Shaun David (Last) (First) (Middle) (Suffix) • OR(if a business organization) 6531 Marshal st (Street name and number or Post Office Box information) arvada CO 80003 (City) (State (Postal/Zip Code) United States (Province-if applicable) (Country—if not US) (if an individual) Reed Jamie (Last) (First) (Middle) (Suffix) OR(if a business organization) 12253 east 44th ave (Street name and number or Post Office Box information) aurora CO 80276 (City) (State (Postal/Zip Code) United States (Province-if applicable) (Country—if not US) (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) United States (Province—If applicable) (Country—if not US) ARTINC_PC Page 2 of 3 Rev. 11/16/2005 (if there are more than three incorporators.mark this box ❑ and include an attachment stating the true names and mailing addresses of all additional incorporators.) 12.The corporation is authorized to issue to,000,000 shares of common stock. (number) (Additional classes of capital stock may be authorized and additional information regarding the corporation's stock may be stated.mark this box ❑ and include an attachment stating pertinent information.) 13.Additional information may be included pursuant to§7-102-102,C.R.S.and other organic statutes such as title 12,C.R.S. If applicable,mark this box El and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 14.Name(s)and address(es)of the individual(s)causing the document to be delivered for filing: Lawrence Shaun David (Last) (First) (Middle) (Suffix) 6531 Marshal st (Street name and number or Post Office Box information) arvada CO 80003 (City) (State) (Postal/Zip Code) United States (Province—if applicable) (Country—if not US) (The document need not state the true name and address of more than one individual. However.If you wish to state the name and address of any additional individuals causing the document to be delivered forfling,mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. ARTINC PC Page 3 of 3 Rev.11/16/2005 NOTICE: This "image"is merely a display of information that was filed electronically. It is not an image that was created by optically scanning a paper document No such paper document was filed. Consequently, no copy of a paper document is available regarding this document. Questions?Contact the Business Division. For contact information,please visit the Secretary of State's web site. ArcIMS Viewer Page 1 of 1 : II i ED O ZiiUF`f http://maps2.merrick.com/website/weld/MapFrame.htm 5/7/2008 ArcIMS Viewer Page 1 of 1 1 411 o �G�rt ill r f http://maps2.merrick.com/website/weld/MapFrame.htm 5/7/2008 Esther Gesick From: Ljfarmers@aol.com Sent: Thursday, May 15, 2008 6:52 PM To: Esther Gesick; Bethany Salzman Subject: (no subject) Bethany/Jenny, I am writing in regards to the upcoming hearing scheduled for 5-21-08 regarding Shaun Lawerence's request to have an event that will include up to 1,500 people. I own the property at 18437 CR #8 which is directly west of Mr. Lawerence's property which is located at 18997 CR 8. I understand that my property has been listed in the application as proposed parking for this event. I have not given my permission to use my property for parking or for any other activity associated with this or any of Mr. Lawerence' s future functions at this address. This is currently an agricultural area and I am opposed to any commercial activities being conducted in our neighborhood. I have cattle pastured in the fenced in area next to Mr. Lawerence which he has proposed to use for parking. Any vehicle or pedestrian traffic on my property would be considered to be trespassing. The information that I have regarding this hearing is from prior phone conversations. Could you please email a copy of the permit application, or if not available electronically fax a copy to 303-857-4852? Thank you, Len Pettinger 18437 CR#8 Brighton, CO 80603-9403 Wondering what' s for Dinner Tonight? Get new twists on family favorites at AOL Food <http://console.mxlogic.com/redir/? 1KrppjvKesjdw0TgRgXgDYLy4Eg-9utoi8AVAwo9lEstJj TgEnLtCZXTLuZXECXZUXXWdSm6mj tPpUyXllvzg5rk_B PrlEVp76QkQrL6zAQsET76QkPpEExkQgkr82fSCgajs_3VU3zg9J4SOOC_ssyyrQ745YBRD> . 1 � �. Esther Gesick From: cogriego@netscape.com Sent: Thursday, May 15, 2008 4:24 PM To: Bethany Salzman; Esther Gesick Subject: Permission for Shaun Lawrence To Whom it May Concern: It has been brought to our attention that Shaun Lawrence has asked permission to hold a commercial activity on the following property: 18997 County Road 8. We live at 18856 County Road 8 and we know that there is not enough room for parking along the road to hold enough vehicles for 1500 people (which according to Shaun is what they are expecting) . We are opposed to him getting permission to hold such activities since we already have enough problems when activites are held and people trash Road 8. Thanks, Cipriano and Olympia Griego If you have any questions, feel free to contact us at 303-536-4355. Our address is 18856 County Rd. 8 Brighton, CO 80603 Netscape. Just the Net You Need. 1 � ;' w Page 1 of 1 Jennifer VanEgdom From: Bethany Salzman Sent: Tuesday, May 20, 2008 7:29 AM To: Jennifer VanEgdom; Esther Gesick Subject: FW: TMSM-Spam: fund raiser on cunty road 8 From: Judy Meyer [mailto:tandjranch@what-wire.com] Sent: Saturday, May 17, 2008 9:26 AM To: Bethany Salzman Subject: TMSM-Spam: fund raiser on cunty road 8 WE have been informed that the party living at the intersection of County Road 8 and County Rd 39, actually his house is on the north side and used to be owned by Al Pettinger, wished to have a fund raiser and invite around 1500 people to this. There isn't room to park that many people on county road 8. It will cause serious road hazard and congestion in our area. We own land connected to Len Pettinger and have to help Mr. Pettinger in trying to keep the horses and cattle off of his land from this party. They say they have all these horses etc. to help under privileged children, well we have yet to see anyone over there. We just have to contend with his horses tearing down fence and his steers doing the same. Please do not allow the permit to be ok'd for this event. 5/20/2008 Page 1 of 1 Jennifer VanEgdom From: Bethany Salzman Sent: Tuesday, May 20, 2008 7:29 AM To: Jennifer VanEgdom; Esther Gesick Subject: FW: Fund raiser permit From: Judy Meyer [mailto:tandjranch@what-wire.com] Sent: Saturday, May 17, 2008 9:28 AM To: Bethany Salzman Subject: Fund raiser permit We seriously object to the fund raiser permit requested by the parties living at the home on the intersection of county road 8 and county road 31 in SW Weld County. There is not enough parking for 1500 people and the congestion on 8 will be a hazard. These parties have insufficient land to host such and event. They say they are doing this to help under priviledged children. We have yet to see this happening. Please do not allow this permit. ..ftT.T9rrf 5/20/2008 Page 1 of 1 Jennifer VanEgdom From: Bethany Salzman Sent: Tuesday, May 20, 2008 7:34 AM To: Jennifer VanEgdom; Esther Gesick Subject: FW: Shawn Lawrence benefit permit From: Judy Meyer [mailto:tandjranch@what-wire.com] Sent: Monday, May 19, 2008 6:39 PM To: Bethany Salzman Subject: Shawn Lawrence benefit permit Mr.Shawn Lawrence live in a home owned by Ruby Pettinger on county road 8, the home is one house east of 18437 County Road 8 in SW Weld County. This gentlemen claims he has hourse to benefit underpriveledged children and that he wants to hold a benefit for around 1500 people to raise money. He also claims that he doesn't own the horses involved in this project that they were given to him. These horse plus his cattle are constantly out and causing problems for neighboring farms, including ours. There is not enough room on road 8 to park all these cars and he claims that Len Pettinger will let him park on his hay fields. WE have spoken with Len Pettinger and he does not intended to let anyone park on his property which is prime alfalfa grass. Mr. Shawn Lawrence has rented another home not far away, never paid rent, trashed the house and property and had to be taken to court to get the gentlemen's rent money. Mr. Shawn Lawrence has not paid Ruby Pettinger, an older widow, any rent money either. Mr. Shawn Lawrence appears to be someone that moves around weld county, using and abusing people and their land. Please do not let his permit be ok'd for this event, it is a scam. Thank you Terry and Judy Meyer 303-536-4245 15mo - ° 5/20/2008 Page 1 of 2 Jennifer VanEgdom From: Bethany Salzman Sent: Tuesday, May 20, 2008 7:37 AM To: Jennifer VanEgdom; Esther Gesick Subject: FW: Docket#2008-43 From: Roryp1105@aol.com [mailto:Roryp1105@aol.com] Sent: Monday, May 19, 2008 10:57 PM To: egesick@c0.weld.co.us; Bethany Salzman Subject: Docket #2008-43 I am writing in regard to the public hearing scheduled for 5-21-08 regarding a temporary assembly by Shaun Lawrence at 18997 County Road 8, Brighton, CO 80603. I forwarded a Craigslist ad from 5-16-08 soliciting vendors and businesses for this event. I have also reviewed a copy of the permit application and there appear to be several discrepancies/oversights between the 2 events. Under item 17 on the application "Identify the plans for sound control and sound amplification, if any, including number, location, and power of amplifiers and speakers;" NA is the answer. The Craig's list ad states that there will be 3 rock bands performing. I've never seen a rock band without an amplifier and sound system. Item 18 on the application "If applicable, identify plans for meeting County health standards for food concessions and concessionaires who will be allowed to operate on the grounds, including the names and addresses of all concessionaires and their permit numbers."Again the answer is NA. The Craig's list ad states that refreshments including Arby's sandwiches, popcorn, pretzels etc., as well as unlimited Ale, drinks, and food provided by Baldoria's (www.baldoriacuisine.com)for the VIPs. There is nothing in the application regarding a permit for the"Ale". Item 12 on the application "Identify plans for parking vehicles, including size and location of lots, points of highway access and interior roads, including routes between highway access and parking lots". Part of the answer states "Renting neighbors field next door". The only "field next door" belongs to my parents and I can assure you they have not agreed to rent their field for parking for this event. In addition to selling 1500 tickets for the event the Craig's List ad is also soliciting vendor's and businesses to set up tables and/or trailers to sell merchandise. Per the Weld County Assessor Property Profile for this property, it is listed as 3.91 acres. At least 1/2 of the property is used by a pasture containing at least 16 horses. The house, yard, and corrals with various animals occupy another large area. It doesn't seem realistic that all of the people and activities will be able to be confined to this small area and not spill out onto the neighboring properties. There looks to be a large gap between what is proposed on the application and what has been publicly advertised regarding this event. I am writing to voice my opposition to this event and hope that you will consider these items when reviewing this application. Thank you, Rory Pettinger s,14'I 5/20/2008 Esther Gesick From: Jennifer VanEgdom Sent: Tuesday, May 20, 2008 10:11 AM To: Alan Caldwell; Dan Joseph; Bruce Barker; Stephanie Arries Cc: Bethany Salzman; Esther Gesick Subject: FW: Copy of Event Ad Attachments: Craigslistad..pdf; SitePicture.pdf ro ro Craigslistad..pdf SitePicture.pdf(1 (777 KB) MB) This is an FYI to staff for the hearing for the Temporary Assembly tomorrow morning, May 21, at 9:00 a.m. for Shaun Lawrence. A surrounding property owner, who has submitted a letter of opposition, found the applicant' s listing of the event on Craigslist and forwarded it to our office, which details more of the activities to take place during the event on May 31. The application materials provided did not allude to any type of vendors on the site selling goods, food service, alcohol service (unlimited ale from a catering company is mentioned) , entertainment by various bands, nor a BMX racing team. During the initial discussions with the applicant, he was requesting a special events liquor permit, but after informing him of the separate process and regulations with the State regarding non-profit status, he decided he did not want to seek a Special Events liquor permit, and instead, proceeded only with the Temporary Assembly permit. The application materials also state that the max number of tickets to be sold will be 1,500, however, the ad states " . . .expecting over 2, 000 people. " Original Message From: Roryp1105@aol.com [mailto:Roryp1105@aol.com] Sent: Tuesday, May 20, 2008 9:30 AM To: Esther Gesick; Bethany Salzman Subject: Copy of Event Ad Attached is another copy of the ad and the picture of the property that Rory attempted to send earlier regarding the HACNM Inc/Robbie Ranch event for which a permit has been requested. Dawn (Mrs. Rory) Pettinger 1 �. sfiffaw,tie�. . . Vendors/business's for Charity event rage 1 or 2 denver craigslist> items wanted email this posting to a friend Amid seams and fraud bn dealing locaII ! Beware any deal involving Western Union,Moneygram, please flag with care: wire transfer,cashier check,money order,shipping,escrow,or any promise of transaction miscateggrized protection/certification/guarantee. More info prohibited Vendors/business's for Charity event (Denver area) Spam,werpost best of craigslist Reply to: sale-683361417@craigslist,org Date: 2008-05-16, 1:57PM MDT Hello! We are looking for Vendors/business's for a Large charity event that is being held on May 31'st in Brighton,Colorado. You will need to bring your own table,chairs etc but you can sell your merchandise There! If you have a big trailor to bring,thats fine too! We are expecting around 2,000 people to be at this event throughout the day. Please email me about your business so we can get you registered! If you are looking to sell merchandise,the lot price is$50.00. If you are there to pass out flyers,brochures and information,the lot price is$100.00. Please email me for more info! Here is a little more info about the event! ***Robbie Ranch 1st Annual Fundraiser*** This Charity/Fundraiser event is for Robbie Ranch which is what the ranch is called on Sundays. As a whole, the ranch's official name is the HACNM Program. HACNM stands for Homeless and Abused Children No More. Every sunday Disabled children come out to Shaun's ranch to ride on the horses for free. Typically if a Disabled Child wanted to ride on a horse at a ranch,they are charged double what a healthy person would be charged. (around$80.00 for a disabled child). Shaun ABSOLUTELY does not agree with that and is angered that parents have to pay that rediculous amount. Horseback riding for a disabled child is VERY theraputic. Many parents see their child smile for the first time while riding on a horse. Shaun has run this ranch with the money out of his own pocket which costs him about$7,000 a month(vet bill alone,costs 3,000 a month) So the problem is that Shaun has run out of money and the ranch will shut down by May/June. So our goal is to raise$300,000 so the ranch can stay open for 10 years and it will also open the ranch up to 7 days a week from 8-6 every day. His organization is 100%non profit and he does have a 501 c(3)form. The event is on May 31st from 12-6:30 at 18997 West CR. 8,Brighton, Colorado 80603. We have 3 rock bands performing live,one of which was voted the best band in Denver by ICBPI. Monster Energy Drink is also sponsoring and will be there as well as a band endorsed by Monster and the Monster BMX team will be there as well. We have Raffles for a jeep wrangler,a horse,a night out in a hummer limo (retail value is $275 an hour) a tattoo gift certificate,wing zone gift certificates,a signed hockey puck by an avalanche player, Hard Rock Cafe donated about$900 in merchandise (tshirts, glasses etc.). We also have 2 cheerleaders from the Denver Bronco's coming,the Rocky Mountain Roller Girls will be there,and quite a few vendors.There will also be an inflatable slide,dunk tank,hay rides, 2 Draft Horses and refreshments including arby's sandwiches,popcorn,pretzels etc. There will be a VIP section set up.VIP members get unlimited Ale, Drinks,and food provided by Baldoria's, (www.baldoriacuisine.com)a very high end catoring company! As well as Massages by Massage Therapists, a ticket to each raffle catergory and half off all games and half off any food that is outside of the VIP tent that they would like to have. If you are not a vendor and would like to attend this event,please go to www.ticketwest.com or any King Soopers! http://denver.craigslist.org/wan/683361417.html 5/18/2008 Vendors/business's for Charity event rage z of L Tickets are$15.00 per person V.I.P. Tickets are$295.00 per person • aid Ming.01 WO.,..N.. .u.. owns arm cos uosm a rya 'y .awe " a-'co ow cue nmo. licit op • wm .�..c...�., a..re.aa.a .s,ee..e.. 4� le r:ss ATP Iva ,l ,{ahlJtS _J?FivwY c� Whnr7wa Location: Denver area it's NOT ok to contact this poster with services or other commercial interests PostingID: 683361417 Copyright©2008 craigslist,inc. terms of use privacy policy feedback forum http://denver.craigslist.org/wan/683361417.html 5/18/2008 -� CI f tr t 1 '1 ;� L.. Jt 1 • A Pit * A , I i , ri ) so ___ • toil II i r � p , , ,, t M •lle I ' � 1 liar% , , i 1 t . t * pip t seI ll ei,... , ii _ III, I 46. , f V. 4 Dal r IP Ng ' i S ti: , p • Uri -t'/ J itr 14 :t 4 w - 1 a II , Ilk! +es • • I till ,r L {; 1f a , • _ t - --• 4, r , • , ► 1,� w t ' 1 1' 4 l I I •i1 1, • ,�. J 1 _ .. �' u__ . . . _ ...+i _ ` fi t• _ • T T. .04 di 4 j4 - i . a M t t : , 4 . lkil I r f 44 it x $ t . ft -• is. I s .LI ♦ !ji{j i • ' - °, . .. 1'k - ( ,, ' r' Y , 1 I I 1 A i • • Page 1 of 1 Jennifer VanEgdom From: Bethany Salzman Sent: Tuesday, May 20, 2008 11:50 AM To: Jennifer VanEgdom; Esther Gesick Subject: FW: This is from the actual property owner of the Robbie Ranch Fundraiser property. From: Ruby Whitson [mailto:rubywhitson@q.com] Sent: Tuesday, May 20, 2008 11:42 AM To: Bethany Salzman Subject: Dear Bethany, I received your letter in regard to my property at 18997 W.C.R. 8, Brighton,Co. I no longer live there and it is rented to a Mr. Shaun Lawerance who uses the property to have E. H. children ride horses and experience a taste of farm life. He is due to close on buying the property on June 4th. I copied your letter and forwarded it to him. I have not had time to get an answer from him. He has had a stroke of bad luck. One of his people who had been riding a horse, got off the horse and picked up an axe and hit him over the head. He was knocked out of course and the person kept on beating him until some of the workers he has there came and got the person off of him. The police were called and chased the person down and he is in jail charged with attemped murder. The last time I tried to get in touch with me, he was in the hospital with diaetes. I am trying to be compassionate with him and I understand some of the neighbors around there are upset with him. Is that who called you to complain? Was this complaint substantiated by the county? You may phone me at 303-343-8092 today or tomorrow. We are leaving for Ark. Thur to go to a memorial for my husband's aunt. Sincerely, Ruby Whitson '.. & 5/20/2008 Page 1 of 2 Jennifer VanEgdom From: Bethany Salzman Sent: Tuesday, May 20, 2008 12:01 PM To: Jennifer VanEgdom Subject: FW: Shaun Lawrence Hearing License LC0022 From: WILBANC@nationwide.com [mailto:WILBANC@nationwide.com] Sent: Tuesday, May 20, 2008 11:52 AM To: Esther Gesick Cc: Bethany Salzman Subject: Shaun Lawrence Hearing License LC0022 Dear Jenny and Bethany, I am writing this e-mail in concern for the hearing on the above listed matter on May 21, 2008 at 9:00 am. Shaun Lawrence 1500 Fund Raiser Apposed to any Commercial Activity In dealing with this gentlemen I have found him to have no concern for his neighbors on any level. I am very concerned of the treatment of the animals on this property. On numerous occasions the animals have pushed through the fences and come onto the neighbors property. When trying to get the help from Mr. Lawrence it seems like he can not be bothered. Or in some cases on numerous occasions he has claimed to have just checked himself out of a hospital. Cleaning the fence line were all of his trash has come is also become an issue. We have tried to contact him a number of times and he just is very unresponsive. Now we are notified that Mr. Lawrence is going to have a fund raiser with 1,500 people attending. Per the application submitted to the Weld County there will only be water served from the well. In reading the website My space and the Craig list we find that is not the case. There will be alcohol and a catering service for the VIP tickets of$ 295.00. With the other tickets that are being sold for the event of$ 15.00 there will be Arby's, Pretzels and popcorn. There will be 3 live bands with the KBPI DJ Nasty. The concern there is the 2 extension cords to supply these bands. Another concern is the health issues. The other thing is on the insurance quote there is no medical payments to others. So if someone gets hurt during this event who is responsible. Another issue is the parking. The application states the neighbors field will be used for parking, first there is no permission from the owner to use this property. Second this is an alfalfa field that would be destroyed by parking cars on the wet field. This is very concerning to us with the sound issue along with the amount of people coming to the fund-raiser. Another issue that I would like to bring up is I am very concerned about the operation that the Ranch provides. I feel that there is some misrepresentation going on here. The My Space page shows that this is a place were disable children can come to ride for no fee. I have know the Handicap Riding programs in the state of Colorado. 2 in particular NHARA and Colorado Therapeutic Riding Program have to have Certified Instructors and helpers to handle the children. The children need to be wearing helmets and there is someone to help the children or Adults on both sides of the horses. In the case of the ranch in question there is three different names that come up. The Lawrence Ranch, Robbie Ranch and Shaun Lawrence no of which show certification to operate this type of operation. 5/20/2008 Page 2 of 2 Thank you for your time and consideration. Colette J Wilbanks, AFIS Agribusiness Underwriting Agribusiness Underwriter RMRO CO-20-AURO Allied Insurance Phone: 303-843-4975 800-233-0394 ext. 4975 Fax: 800-742-1346 A Member of Nationwide Insurance On Your Side! 5/20/2008 Page 1 of 1 Jennifer VanEgdom From: Bethany Salzman Sent: Wednesday, May 21, 2008 7:31 AM To: Jennifer VanEgdom; Esther Gesick Subject: FW: From: chavez0l@netscape.com [mailto:chavez0l@netscape.com] Sent: Tuesday, May 20, 2008 8:21 PM To: Bethany Salzman Subject: To whom it may concern; Myname is Ariel Chavez, my address is 16313 cr8 FT. Lupton, Co. 80621. I am writting in regards to the permit for a fund raiser being requested by Shawn Lawrence. One of the reasons for moving to weld county was because of the farm community and the envirinment to raise children in. I have an interest in the property being named for parking re:Len Pettinger. I have cattle and also hay. I still don't quit understand how a person can go to the county and apply for a permit using someone elses personal property without there concent? If this is so,than why own property if aany one can use it for their own needs. We are requesting that you help use in this situation and that justice be done. please do not allow this permit as it will affect many aspects , personal property, hay, cattle,and family's involved. thank you, Ariel Chavez 5/21/2008 Esther Gesick From: Tom Schupman [fricotom@frii.com] Sent: Tuesday, May 20, 2008 5:56 PM To: Esther Gesick Subject: Shaun Lawrence Fund Raiser:Attn: Jenny This is regarding the Fund Raiser Shaun Lawrence is trying to hold in the area of W.C. Rd 8 & W.C. Rd. 39. 1500 people will be attending. This letter is to petition the Fund Raiser from happening. This is a safety issue. The vehicles would park along W.C. Rd 8 for several miles, both sides of the road. The traffic is bad on this road now, vehicles going an excessive amount of speed. I would hate to see what would happen if there is this much traffic on the road. This road is not made to accommodate that much traffic. There are not enough places for public parking without ruining farm ground & property of others in the area. Rumor is that alcohol will be present. Rumors are that minors will be present. Alcohol should not be served with minors present. Another concern is the trash & debris left after the function is ended. Thank You, Concern Citizen' s Thomas & Yvette Schupman 18598 W.C. Rd. 8 7177;172&" 1 EXHIBIT Western Rangeview Realty $ 610 Cornerstone Dr a Windsor,CO 80550 t2a$- 152k Phone: (970)686-7081 Fax: (111)111-1111 The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CBS 1-8-07)(Mandatory 1-08) 1 2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 3 OTHER COUNSEL BEFORE SIGNING. 4 5 CONTRACT TO BUY AND SELL REAL ESTATE 6 (ALL TYPES OF PROPERTIES)with Closing Instructions 7 Date: February 26, 2008 8 9 1. AGREEMENT. Buyer agrees to buy,and Seller agrees to sell,the Property defined below on the terms and 10 conditions set forth in this contract(Contract). 11 2. DEFINED TERMS. 12 2.1. Buyer. Buyer,Shaun Lawrence,will take 13 title to the real property described below as ❑ Joint Tenants ❑ Tenants In Common 14 0 Other A partner doing business as HACNN-Inc.. 15 2.2. Property. The Property is the following legally described real estate in the County of Weld, 16 Colorado: 17 10797a Pt Se 4 18-1-65 Beg Se Cor W204' N835' E204' S835' to Beg situs: 18997 8 gY b. weld 18997 WORD 8 at rd Brighton CO 80603, known as No. Street Address City State Zip 20 21 together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,and all interest 22 of Seller in vacated streets and alleys adjacent thereto,except as herein excluded. 23 23. Dates and Deadlines. 24 Item No. Reference Event Date or Deadline 1 §4.2.1 Alternative Earnest Money Deadline 2 §5.1 Loan Application Deadline February 29, 2008 3 §5.2 Loan Conditions Deadline March 20, 2008 4 §5.3 Buyer's Credit Information Deadline March 21, 2008 5 §5.3 Disapproval of Buyer's Credit Information Deadline March 24, 2008 6 §5.4 Existing Loan Documents Deadline N/A 7 §5.4 Existing Loan Documents Objection Deadline N/A 8 §5.4 Loan Transfer Approval Deadline N/A 9 §6.2.2 Appraisal Deadline May 15, 2008 10 §7.1 Title Deadline May 24, 2008 11 §8.1 Title Objection Deadline May 26, 2008 12 §73 Survey Deadline May 22, 2008 13 §8.3.2 Survey Objection Deadline May 26, 2008 14 §7.2 Document Request Deadline May 26, 2008 15 §7.4.4 CIC Documents Deadline N/A 16 §7.4.5 CC Documents Objection Deadline N/A 17 §8.2 Off-Record Matters Deadline May 26, 2008 18 §8.2 Off-Record Matters Objection Deadline May 28, 2008 19 §8.6 Right of First Refusal Deadline N/A 20 § 10.1 Seller's Property Disclosure Deadline March 3, 2008 CBS1-0-41.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 2/242008 20:30 Page I of 16 Beyer Wish Seiler Initials et 21 § 10.2 Inspection Objection Deadline May 22, 2008 22 § 10.3 Inspection Resolution Deadline May 26, 2008 23 § 10.5 Property Insurance Objection Deadline May 21, 2008 24 § 12 Closing Date May 29, 2008 25 § 17 Possession Date Nay 29, 2008 26 § 17 Possession Time after closing 27 §31 Acceptance Deadline Date March 3, 2008 28 §31 Acceptance Deadline Time 4:00 p.m. 29 30 25 26 2.4. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The 27 abbreviation"N/A"or the word"Deleted"means not applicable and when inserted on any line in Dates and Deadlines 28 (§2.3),means that the corresponding provision of the Contract to which reference is made is deleted. The abbreviation 29 "MEC"(mutual execution of this Contract)means the date upon which both parties have signed this Contract. 30 3. INCLUSIONS AND EXCLUSIONS. 31 3.1. Inclusions. The Purchase Price includes the following items(Inclusions): 32 3.1.1. Fixtures. If attached to the Property on the date of this Contract,lighting,hearing,plumbing,ventilating, 33 and air conditioning fixtures,TV antennas,inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings, 34 intercom systems,built-in kitchen appliances,sprinkler systems and controls,built-in vacuum systems(including accessories), 35 garage door openers including remote controls; and ® stove, refrigerator, window coverings, dishwasher, clothes dryer, microwave. 36 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the date 37 of this Contract: storm windows,storm doors,window and porch shades,awnings,blinds,screens,window coverings,curtain 38 rods,drapery rods,fireplace inserts,fireplace screens,fireplace grates,heating stoves,storage sheds,and all keys. If checked, 39 the following are included: ❑ Water Softeners ❑ Smoke/Fire Detectors ❑ Security Systems 0 Satellite 40 Systems(including satellite dishes). 41 3.13. Other Inclusions. 42 43 44 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes(except 45 personal property taxes for the year of Closing),liens and encumbrances,except none. 46 Conveyance shall be by bill of sale or other applicable legal instrument 47 3.1.4. Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows: 48 none 49 50 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes(except personal 51 property taxes for the year of Closing),liens and encumbrances,except none. 52 Conveyance shall be by bill of sale or other applicable legal instrument 53 3.1.5. Parking and Storage Facilities. 0 Use Only 0 Ownership of the following parking facilities: 54 ;and 0 Use Only 0 Ownership of the following storage facilities: 55 56 3.1.6. Water Rights. The following legally described water rights: 57 well 58 59 Any water rights shall be conveyed by 0 Deed 0 Other applicable legal instrument 60 If well rights are to be transferred to Buyer,Seller agrees to supply the required information to Buyer for Buyer to 61 submit,and also,if required,a Change in Ownership form as promulgated by the Colorado State Engineer's office. 62 The Well Permit it is 63 3.1.7. Growing Crops. With respect to growing crops,Seller and Buyer agree as follows: 64 N/A 65 66 3.2. Exclusions. The following items are excluded: riding lawn mower, rototill. 67 4. PURCHASE PRICE AND TERMS. 68 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S.Dollars by Buyer as follows: 69 CRSI-& 7.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 2/242008 20:30 Page 2 of 16 Buyer Bala Seller Wilds Sr Item No. Reference Item Amount Amount 1 §4.1 Purchase Price $ 345,000.00 2 §4.2 Earnest Money $ 2,000.00 3 §4.5 New Loan $ 4 §4.6 Assumption Balance $ 5 §4.7 Seller or Private Financing $ 6 $ $ 7 $ $ 8 §4.3 Cash at Closing $ 343,000.00 9 TOTAL S $ 70 71 4.2. Earnest Money. The Earnest Money set forth in this section,in the form of check, 72 is part payment of the Purchase Price and shall be payable to and held by let American Heritage Title 73 (Earnest Money Holder),in its trust account,on behalf of both Seller and Buyer.The Earnest Money deposit shall be 74 tendered with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline(§2.3)for 75 its payment.The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing(Closing 76 Company),if any,at or before Closing.In the event Earnest Money Holder has agreed to have interest on Earnest Money 77 deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents,Seller and Buyer 78 acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this 79 transaction shall be transferred to such fund. 80 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money,if other 81 than at the time of tender of the Contract is as set forth as the Alternative Earnest Money Deadline(§2.3). 82 4.3. Cash at Closing. All amounts paid by Buyer at Closing,including cash at Closing,plus Buyer's closing 83 costs,shall be in funds which comply with all applicable Colorado laws,which include cash,electronic transfer fiords, 84 certified check,savings and loan teller's check and cashier's check(Good Funds).Buyer represents that Buyer 85 0 Does 0 Does Not have funds that are immediately verifiable and available in an amount not less than the amount 86 stated as Cash at Closing in§4.1. 87 4.4. Seller Concession. Seller,at Closing,shall pay or credit,as directed by Buyer,a total amount of 88 $none to assist with Buyer's closing costs,loan discount points,loan origination fees,prepaid items(including 89 any amounts that Seller agrees to pay because Buyer is not allowed to pay due to FHA,CHFA,VA,etc.)and any 90 other fee,cost,charge,expense or expenditure related to Buyer's New Loan or other allowable Seller concession 91 (collectively,Seller Concession).The Seller Concession is in addition to any sum Seller has agreed to pay or credit 92 Buyer elsewhere in this Contract. If the amount of Seller Concession exceeds the aggregate of what is allowed,Seller 93 shall not pay or be charged such excess amount. 94 43. New Loan. 95 45.1. Buyer,except as provided in§4.4,if applicable,shall timely pay Buyer's loan costs,loan discount 96 points,prepaid items and loan origination fees,as required by lender. 97 45.2. Buyer may select financing appropriate and acceptable to Buyer,including a different loan than initially 98 sought,except as restricted in§4.5.3 or§25,Additional Provisions. 99 45.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loan: 100 0 Conventional ❑ FHA 0 VA ❑ Bond. 101 45.4. Good Faith Estimate—Monthly Payment and Loan Costs. Buyer is advised to review the terms, 102 conditions and costs of Buyer's New Loan carefully. If Buyer is applying for a residential loan,the lender generally must 103 provide Buyer with a good faith estimate of Buyer's closing costs within three days after Buyer completes a loan application. 104 Buyer should also obtain an estimate of the amount of Buyer's monthly mortgage payment. If the New Loan is unsatisfactory 105 to Buyer,then Buyer may terminate this Contract pursuant to§5.2 no later than Loan Conditions Deadline(§2.3). 106 4.6. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption 107 Balance set forth in§4.1,presently payable at$ per including principal and interest 108 presently at the rate of %per annum,and also including escrow for the following as indicated: 0 Real 109 Estate Taxes 0 Property Insurance Premium 0 Mortgage Insurance Premium and 110 0 111 Buyer agrees to pay a loan transfer fee not to exceed$ .At the time of assumption,the new interest 112 rate shall not exceed %per annum and the new payment shall not exceed$ per principal 113 and interest,plus escrow,if any.If the actual principal balance of the existing loan at Closing is less than the 114 Assumption Balance,which causes the amount of cash required from Buyer at Closing to be increased by more than CBSIAJrr.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 2/24/2008 20:30 Page 3 of 16 Buyer'Staab Seller Initials 5 115 $ ,then ❑ Buyer May Terminate this Contract effective upon receipt by Seller of 116 Buyer's written notice of termination or ❑ 117 Seller ❑ Shall ❑ Shall Not be released from liability on said loan. If applicable,compliance with the requirements 118 for release from liability shall be evidenced by delivery 0 on or before Loan Transfer Appraisal Deadline 0 at Closing 119 of an appropriate letter of commitment from lender. Any cost payable for release of liability shall be paid by 120 in an amount not to exceed$ 121 4.7. Seller or Private Financing. Buyer agrees to execute a promissory note payable to 122 as 0 Joint Tenants 0 Tenants in Common 0 Other 123 ,on the note form as indicated: 124 0 (Default Rate)NTD81-10-06 0 Other secured by a (1" 2nd 125 etc.)deed of trust encumbering the Property,using the form as indicated: 126 0 Strict Due-On-Sale(TD72-10-06) 0 Creditworthy(TD73-10-06) ❑ Assumable-Not Due On Sale(TD74-10-06) 127 0 Other 128 The promissory note shall be amortized on the basis of 0 Years 0 Months,payable at S 129 per including principal and interest at the rate of %per annum. Payments shall commence 130 and shall be due on the day of each succeeding . If not sooner paid,the balance of 131 principal and accrued interest shall be due and payable after Closing. Payments 0 Shall ❑ Shall Not 132 be increased by of estimated annual real estate taxes,and 0 Shall 0 Shall Not be increased by 133 of estimated annual property insurance premium.The loan shall also contain the following terms: (1)if 134 any payment is not received within calendar days after its due date,a late charge of %of such payment 135 shall be due;(2)interest on lender disbursements under the deed of trust shall be %per annum;(3)default interest 136 rate shall be %per annum(4)Buyer may prepay without a penalty except ;and(5) 137 Buyer 0 Shall 0 Shall Not execute and deliver,at Closin�,a Security Agreement and UCC-1 Financing Statement 138 granting the holder of the promissory note a (1t,2 ,etc.)lien on the personal property included in this sale. 139 Buyer 0 Shall 0 Shall Not provide a mortgagee's title insurance policy,at Buyer's expense. 140 5. FINANCING CONDITIONS AND OBLIGATIONS. 141 5,1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans 142 (New Loan),or if an existing loan is not to be released at Closing,Buyer,if required by such lender,shall make a verifiable 143 application by Loan Application Deadline(§2.3). 144 5.2. Loan Conditions. If Buyer is to pay all or part of the Purchase Price with a New Loan,this Contract 145 is conditional upon Buyer determining,in Buyer's subjective discretion,that the availability,terms,conditions and cost of 146 such New Loan are satisfactory to Buyer.This condition is for the benefit of Buyer.If such New Loan is not satisfactory 147 to Buyer,Seller must receive written notice to terminate from Buyer,no later than Loan Conditions Deadline(§2.3), 148 at which time this Contract shall terminate. IF SELLER DOES NOT RECEIVE TIMELY WRITTEN NOTICE TO 149 TERMINATE,THIS CONDITION SHALL BE DEEMED WAIVED,AND BUYER'S EARNEST MONEY SHALL BE 150 NONREFUNDABLE,EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT(e.g.,Appraisal,Title,Stirvey). 151 53. Credit information and Buyer's New Senior Loan. If Buyer is to pay all or part of the Purchase Price by 152 executing a promissory note in favor of Seller,or if an existing loan is not to be released at Closing,this Contract is conditional 153 (for the benefit of Seller)upon Seller's approval of Buyer's financial ability and creditworthiness,which approval shall be at 154 Seller's subjective discretion. In such case: (1)Buyer shall supply to Seller by Buyer's Credit information Deadline 155 (§2.3),at Buyer's expense,information and documents(including a current credit report)concerning Buyer's financial, 156 employment and credit condition and Buyer's New Senior Loan,defined below,if any;(2)Buyer consents that Seller may 157 verify Buyer's financial ability and creditworthiness;(3)any such information and documents received by Seller shall be held 158 by Seller in confidence,and not released to others except to protect Seller's interest in this transaction;(4)in the event Buyer 159 is to execute a promissory note secured by a deed of trust in favor of Seller,this Contract is conditional(for the benefit 160 of Seller)upon Seller's approval of the terms and conditions of any New Loan to be obtained by Buyer if the deed of trust to 161 Seller is to be subordinate to Buyer's New Loan(Buyer's New Senior Loan).Additionally,Seller shall have the right to 162 terminate,at or before Closing,if the Cash at Closing is less than as set forth in S 4.1 of this Contract or Buyer's New 163 Senior Loan changes from that approved by Seller,and(5)if Seller does not deliver written notice of Seller's disapproval 164 of Buyer's financial ability and creditworthiness or of Buyer's New Senior Loan to Buyer by Disapproval of Buyer's Credit 165 Information Deadline(§2.3),then Seller waives the conditions set forth in this section as to Buyer's New Senior Loan 166 supplied to Seller.If Seller delivers written notice of disapproval to Buyer on or before said date,this Contract 167 shall terminate. 168 5.4. Existing Loan Review. If an existing loan is not to be released at Closing,Seller shall deliver copies of the loan 169 documents(including note,deed of trust,and any modifications)to Buyer by Existing Loan Documents Deadline(§2.3). For 170 the benefit of Buyer,this Contract is conditional upon Buyer's review and approval of the provisions of such loan documents. 171 If written notice of objection to such loan documents,signed by Buyer,is not received by Seller by Existing Loan Documents CBS1$07.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSrRUCRONS 2/24/2008 20:30 Page 4 of 16 Boyer initials Seller faith 172 Objection Deadline(§2.3),Buyer accepts the terms and conditions of the documents. If the lender's approval of a transfer of 173 the Property is required,this Contract is conditional upon Buyer's obtaining such approval without change in the terms of such 174 loan,except as set forth in§4.6. If lender's approval is not obtained by Loan Transfer Approval Deadline(§2.3),this 175 Contract shall terminate on such deadline. If Seller is to be released from liability under such existing loan and Buyer does 176 not obtain such compliance as set forth in§4.5,this Contract may be terminated at Seller's option. 177 6. APPRAISAL PROVISIONS. 178 6.1. Property Approval. If the lender imposes any requirements or repairs(Requirements)to be made to the Property 179 (e.g.,roof repair,repainting),beyond those matters already agreed to by Seller in this Contract,Seller may terminate this 180 Contract(notwithstanding§ 10 of this Contract)by written notice to Buyer on or before three calendar days following 181 Seller's receipt of the Requirements. The right to terminate in this§6.1 shall not apply if on or before five calendar days prior 182 to Closing Date(§2.3): (1)the parties enter into a written agreement;or(2)the Requirements are completed by Seller; 183 or(3)the satisfaction of the Requirements is waived in writing by Buyer. 184 6.2. Appraisal Condition. 185 D 6.2.1. Not Applicable. This§6.2 shall not apply. 186 ® 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the 187 Purchase Price exceeds the Property's valuation determined by an appraiser engaged by buyer. 188 This Contract shall terminate by Buyer delivering to Seller written notice of termination and either a copy of such appraisal 189 or written notice from lender that confirms the Property's valuation is less than the Purchase Price,received on or before 190 Appraisal Deadline(§2.3). If Seller does not receive such written notice of termination on or before Appraisal Deadline 191 (§2.3),Buyer waives any right to terminate under this section. 192 ❑ 6.2.3. FBA. It is expressly agreed that,notwithstanding any other provisions of this Contract,the Purchaser 193 (Buyer)shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture 194 of Earnest Money deposits or otherwise unless the Purchaser(Buyer)has been given in accordance with HUD/FHA or VA 195 requirements a written statement issued by the Federal Housing Commissioner,Department of Veteran Affairs,or a Direct 196 Endorsement lender,setting forth the appraised value of the Property of not less than$ .The Purchaser 197 (Buyer)shall have the privilege and option of proceeding with the consummation of the Contract without regard to the amount 198 of the appraised valuation.The appraised valuation is arrived at to determine the maximum mortgage the Department of 199 Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property.The 200 Purchaser(Buyer)should satisfy himself/herself that the price and condition of the Property are acceptable. 201 ❑ 6.2.4. VA. It is expressly agreed that,notwithstanding any other provisions of this Contract,the purchaser 202 (Buyer)shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the 203 Property described herein,if the Contract Purchase Price or cost exceeds the reasonable value of the Proper ty established by 204 the Department of MALI curs Affairs. The purchaser(Buyer)shall,however,have the privilege and option of proceeding with 205 the consummation of this Contract without regard to the amount of the reasonable value established by the Department of 206 Veterans Affairs. 207 6.3. Cost of AppraisaL Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by 208 ® Buyer ❑ Seller. 209 7. EVIDENCE OF TITLE,SURVEY AND CIC DOCUMENTS. 210 7.1. Evidence of Title. On or before Title Deadline(§2.3),Seller shall cause to be furnished to Buyer,at Seller's 211 expense,a current commitment for owner's title insurance policy(Title Commitment)in an amount equal to the Purchase 212 Price,or if this box is checked, ❑ An Abstract of title certified to a current date.At Seller's expense,Seller shall cause the 213 title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing.If a title insurance 214 commitment is furnished,it ® Shall ❑ Shall Not commit to delete or insure over the standard exceptions which relate to: 215 (1) parties in possession, 216 (2) unrecorded easements, 217 (3) survey matters, 218 (4) any unrecorded mechanics'liens, 219 (5) gap period(effective date of commitment to date deed is recorded),and 220 (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing. 221 Any additional premium expense to obtain this additional coverage shall be paid by ® Buyer ❑ Seller. 222 Note:The title insurance company may not agree to delete or insure over any or all of the standard exceptions.Buyer shall 223 have the right to review the Title Commitment pursuant to§8.1. 224 7.2. Copies of Exceptions. On or before Trite Deadline(§2.3),Seller,at Seller's expense,shall furnish to Buyer 225 and (1)copies of any plats,declarations,covenants,conditions and restrictions burdening the 226 Property,and(2)if a Title Commitment is required to be furnished,and if this box is checked ® Copies of any 227 Other Documents(or,if illegible,summaries of such documents)listed in the schedule of exceptions(Exceptions). 228 Even if the box is not checked,Seller shall have the obligation to furnish these documents pursuant to this section if CBSt.a-07.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERrtES)WITH CLOSING INSTRUCTIONS 2124/200g 20:30 Page 5 of 16 Beyer Initials Seller Initials 229 requested by Buyer any time on or before Document Request Deadline(§2.3).This requirement shall pertain only to 230 documents as shown of record in the office of the clerk and recorder in the county where the Property is located.The 231 abstract or Title Commitment,together with any copies or summaries of such documents furnished pursuant to this section, 232 constitute the title documents(Title Documents). 233 7.3. Survey. On or before Survey Deadline(§2.3), 0 Seller ® Buyer shall order and cause Buyer(and the 234 issuer of the Title Commitment or the provider of the opinion of title if an abstract),to receive a current 0 Improvement 235 Survey Plat 0 Improvement Location Certificate 0 (the description checked is known as 236 Survey).An amount not to exceed S for Survey shall be paid by ® Bayer 0 Seller.If the cost exceeds 237 this amount, ® Buyer 0 Seller shall pay the excess on or before Closing. Buyer shall not be obligated to pay the excess 238 unless Buyer is informed of the cost and delivers to Seller,before Survey is ordered,Buyer's written agreement to pay 239 `the required amount to be paid by Buyer. 240 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners'associations 241 (Association)declarations,bylaws,operating agreements,rules and regulations,party wall agreements,minutes of most recent 242 annual owners'meeting and minutes of any directors'or managers'meetings during the 6-month period immediately preceding 243 the date of this Contract,if any(Governing Documents),most recent financial documents consisting of(I)annual balance 244 sheet,(2)annual income and expenditures statement,and(3)annual budget(Financial Documents)if any(collectively 245 CIC Documents).246 0 7.4.1. Not Applicable. This§7.4 shall not apply. 247 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 248 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY.THE OWNER OF 249 THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY 250 AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.THE 251 DECLARATION,BYLAWS,AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON 252 THE OWNER OF THE PROPERTY,INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. 253 IF THE OWNER DOES NOT PAY THESE ASSESSMENTS,THE ASSOCIATION COULD PLACE A LIEN ON THE 254 PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT.THE DECLARATION,BYLAWS,AND RULES AND 255 REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE 256 PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION(OR A COMMITTEE OF 257 THE ASSOCIATION)AND THE APPROVAL OF THE ASSOCIATION.PURCHASERS OF PROPERTY WITHIN 258 THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF 259 MEMBERS OF THE ASSOCIATION.PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE 260 COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 261 0 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents. 262 Buyer has reviewed them,agrees to accept the benefits,obligations and restrictions that they impose upon the Property 263 and its owners and waives any right to terminate this Contract due to such documents,notwithstanding the provisions of§8.5. 264 7.4.4. CIC Documents to Buyer. 265 0 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, 266 at Seller's expense,on or before CIC Documents Deadline(§2.3). 267 ❑ 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents to 268 Buyer,at Seller's expense. 269 7.4.4.3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled upon Buyer's 270 receipt of the CIC Documents,regardless of who provides such documents. 271 7.4.5. Conditional on Buyer's Review. If the box in either§7.4.4.1 or§7.4.4.2 is checked,the provisions of this 272 §7.4.5 shall apply.Written notice of any unsatisfactory provision in any of the CIC Documents,in Buyer's subjective 273 discretion,signed by Buyer,or on behalf of Buyer,and delivered to Seller on or before CIC Documents Objection Deadline 274 (§2.3),shall terminate this Contract. 275 Should Buyer receive the CC Documents after CIC Documents Deadline(§2.3),Buyer shall have the right,at 276 Buyer's option,to terminate this Contract by written notice delivered to Seller on or before ten calendar days after Buyer's 277 receipt of the CIC Documents.If Buyer does not receive the CIC Documents,or if such written notice to terminate would 278 otherwise be required to be delivered after Closing Date(§23),Buyer's written notice to terminate shall be received by 279 Seller on or before three calendar days prior to Closing Date(§2.3). If Seller does not receive written notice from Buyer 280 within such time,Buyer accepts the provisions of the CIC Documents,and Buyer's right to terminate this Contract pursuant 281 to this section is waived,notwithstanding the provisions of§8.5. 282 NOTE:If no box in this§7.4 is checked,the provisions of§7.4.4.1 shall apply. 283 8. TITLE AND SURVEY REVIEW. 284 8.1. Title Review. Buyer shall have the right to inspect the Title Documents.Written notice by Buyer of unmerchantability 285 of title,form or content of Title Commitment or of any other unsatisfactory title condition shown by the Title Documents, CBSi-8-07.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 2/24/2008 713:30 Page 6 of 16 Bayer BBB'S Seller initials 286 notwithstanding§ 13,shall be signed by or on behalf of Buyer and delivered to Seller on or before Title Objection Deadline 287 (§2.3),or within five calendar days after receipt by Buyer of any change to the Title Documents or endorsement to the Title 288 Commitment together with a copy of the document adding any new Exception to title. If Seller does not receive Buyer's notice 289 by the date specified above,Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. 290 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer,on or before Off-Record Matters 291 Deadline(§2.3)true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer 292 all easements,liens(including,without limitation,governmental improvements approved,but not yet installed)or other title 293 matters(including,without limitation,rights of first refusal and options)not shown by the public records of which Seller 294 has actual knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in 295 the Property not shown by the public records(such as an unrecorded easement,unrecorded lease,boundary line discrepancy 2% or water rights). Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, 297 notwithstanding§ 13,shall be signed by or on behalf of Buyer and delivered to Seller on or before Off-Record Matters 298 Objection Deadline(§2.3). If Seller does not receive Buyer's notice by said deadline,Buyer accepts title subject to 299 such rights,if any,of third parties of which Buyer has actual knowledge. 300 83. Survey Review. 301 ❑ 83.1. Not Applicable. This§8.3 shall not apply. 302 ❑ 83.2. Conditional on Survey. If the box in this§8.3.2 is checked,Buyer shall have the right to inspect the 303 Survey. If written notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey,notwithstanding§8.2 304 or§ 13,is received by Seller on or before Survey Objection Deadline(§2.3)then such objection shall be deemed an 305 unsatisfactory title condition. If Seller does not receive Buyer's notice by Survey Objection Deadline(§2.3),Buyer accepts 306 the Survey as satisfactory. 307 8.4. Special Taxing Districts.SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 308 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 309 PROPERTY WITHIN SUCH DISTRICTS PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR 310 INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 311 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH 312 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES.BUYER SHOULD INVESTIGATE THE DEBT 313 FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, 314 EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN 315 INCREASE IN SUCH MILL LEVIES. 316 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a 317 result,if written notice,by or on behalf of Buyer,is received by Seller on or before Off-Record Matters Objection Deadline 318 (§2.3),this Contract shall terminate. If Seller does not receive Buyer's notice by such deadline,Buyer accepts the effect of 319 the Property's inclusion in such special taxing district and waives the right to terminate for that reason. 320 85. Right to Object,Cure. Buyer's right to object shall include,but not be limited to,those matters set forth in§ 13. 321 If Seller receives notice of unmerehantability of title or any other unsatisfactory title condition or commitment terms is 322 provided in§§8.1,8.2,8.3 and 8.4,Seller shall use reasonable efforts to correct said items and bear any nominal expense 323 to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before 324 Closing,this Contract shall terminate;provided,however,Buyer may,by written notice received by Seller on or before 325 Closing,waive objection to such items. 326 8.6. Right of First Refusal or Contract Approval If there is a right of first refusal on the Property,or a right to 327 approve this Contract,Seller shall promptly submit this Contract according to the terms and conditions of such right. 328 If the holder of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, 329 this Contract shall terminate. If the right of first refusal is waived explicitly or expires,or the Contract is approved,this 330 Contract shall remain in full force and effect Seller shall promptly notify Buyer of the foregoing.If expiration or waiver of 331 the right of first refusal or Contract approval has not occurred on or before the Right of First Refusal Deadline(§2.3), 332 this Contract shall terminate. 333 8.7. Title Advisory. The Title Documents affect the title,ownership and use of the Property and should be reviewed 334 carefully.Additionally,other matters not reflected in the Title Documents may affect the title,ownership and use of the 335 Property,including without limitation,boundary lines and encroachments,area,zoning,unrecorded easements and claims of 336 easements,leases and other unrecorded agreements,and various laws and governmental regulations concerning land use, 337 development and environmental matters. The surface estate may be owned separately from the underlying mineral 338 estate,and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights. 339 Third parties may hold interests in oil,gas,other minerals,geothermal energy or water on or under the Property, 340 which interests may give them rights to enter and use the Property.Such matters may be excluded from or not covered 341 by the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are CBSI-BB7.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)writ CLOSING INSTRUCTIONS 2/242008 20:30 Page 7 of 16 Buyer initials Seller Initial, 342 strict time limits provided in this Contract[e.g.,Title Objection Deadline(§2.3)and Off-Record Matters Objection 343 Deadline(§2.3)]. 344 9. IflD-BASED PAINT. Unless exempt,if the improvements on the Property include one or mote residential dwellings 345 for which a building permit was issued prior to January 1, 1978,this Contract shall be void unless a completed Lead-Based 346 Paint Disclosure(Sales)form is signed by Seller and the required real estate licensees,which must occur prior to the parties 347 signing this Contract Buyer acknowledges timely receipt of a completed Lead-Based Paint Disclosure(Sales)form signed by 348 Seller and the real estate licensees. 349 10. PROPERTY DISCLOSURE,INSPECTION,INDEMNITY,INSURABILITY AND BUYER DISCLOSURE AND 350 SOURCE OF WATER. 351 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline(§2.3),Seller agrees 352 to deliver to Buyer the most current version of the Colorado Real Estate Commission's Seller's Property Disclosure form completed 353 by Seller to the best of Seller's actual knowledge,current as of the date of this Contract 354 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the 355 Property and Inclusions,at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's 356 subjective discretion,Buyer shall,on or before Inspection Objection Deadline(§2.3): 357 10.2.1. notify Seller in writing that this Contract is terminated,or 358 10.2.2 deliver to Seller a written description of any unsatisfactory physical condition which Buyer requires Seller to 359 correct(Notice to Correct). 360 If written notice is not received by Seller on or before Inspection Objection Deadline(§2.3),the physical condition of 361 the Property and Inclusions shall be deemed to be satisfactory to Buyer. 362 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have 363 not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline(§2.3),this Contract shall terminate 364 one calendar day following the Inspection Resolution Deadline(§2.3),unless before such termination Seller receives 365 Buyer's written withdrawal of the Notice to Correct 366 10.4. Damage,Liens and Indemnity. Buyer,except as otherwise provided in this Contract,is responsible for 367 payment for all inspections,tests,surveys,engineering reports,or any other work performed at Buyer's request(Work)and 368 shall pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit claims 369 or liens of any kind against the Property for Work performed on the Property at Buyer's request.Buyer agrees to indemnify, 370 protect and hold Seller harmless from and against any liability,damage,cost or expense incurred by Seller and caused by any 371 such Work,claim,or lien.This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend 372 against any such liability,damage,cost or expense,or to enforce this section,including Seller's reasonable attorney and 373 legal fees.The provisions of this section shall survive the termination of this Contract. 374 103. Insurability. This Contract is conditional upon Buyer's satisfaction,in Buyer's subjective discretion,with the 375 availability,terms and conditions of and premium for property insurance.This Contract shall terminate upon Seller's receipt, 376 on or before Property Insurance Objection Deadline(§2.3),of Buyer's written notice that such insurance was not satisfactory 377 to Buyer. If said notice is not timely received,Buyer shall have waived any right to terminate under this provision. 378 10.6. Buyer Disclosure. Buyer represents that Buyer ❑ Does ® Does Not need to sell and close a property to complete 379 this transaction. 380 Note: Any property sale contingency should appear in Additional Provisions(§25). 381 10.7. Source of Potable Water(Residential Land and Residential Improvements Only). Buyer ❑ Does ❑ Does 382 Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source 383 of potable water for the Property. Buyer ❑ Does ❑ Does Not acknowledge receipt of a copy of the current well permit. 384 ❑ There is No Well. 385 Note to Buyer.SOME WATER PROVIDERS RELY,TO VARYING DEGREES,ON NONRENEWABLE GROUND 386 WATER.YOU MAY WISH TO CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED SOURCE)TO 387 DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 388 11. METHAMPHETAMINE LABORATORY DISCLOSURE(Residential Property Only). The parties 389 acknowledge that Seller is required to disclose whether Seller knows that the Property,if residential,was previously used as a 390 methamphetamine laboratory.No disclosure is required if the Property was remediated in accordance with state standards 391 and other requirements are fulfilled pursuant to§25-18.5-102,C.R.S.Buyer further acknowledges that Buyer has the right 392 to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine 393 laboratory. If Buyer's test results indicate that the Property has been used as a methamphetamine laboratory,but has not been 394 remediated to meet the standards established by rules of the State Board of Health promulgated pursuant to§25-18.5-102, 395 C.R.S.,Buyer shall promptly give written notice to Seller of the results of the test,and Buyer may terminate this Contract. 396 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing). Closing shall be on the date specified 397 as the Closing Date(§2.3)or by mutual agreement at an earlier date.The hour and place of Closing shall be as designated by 398 buyer-seller. CBSI-S-07.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 1212008 20:30 Page a of 16 Buyer lalliab Seller ioiash 399 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer 400 with the other terms and provisions hereof,Seller shall execute and deliver a good and sufficient General Warranty 401 deed to Buyer,at Closing,conveying the Property free and clear of all taxes except the general taxes for the year of 402 Closing.Except as provided herein,title shall be conveyed free and clear of all liens,including any governmental liens 403 for special improvements installed as of the date of Buyer's signature hereon,whether assessed or not.Title shall be 404 conveyed subject to: 405 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents 406 accepted by Buyer in accordance with Title Review(§8.1), 407 13.2. distribution utility easements(including cable TV), 408 13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual 409 knowledge and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records(§8.2)and Survey 410 Review(§8.3), 411 13.4. inclusion of the Property within any special taxing district,and 412 13.5. other 413 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from 414 the proceeds of this transaction or from any other source. 415 15. CLOSING COSTS,DOCUMENTS AND SERVICES. 416 15.1. Good Funds. Buyer and Seller shall pay,in Good Funds,their respective Closing costs and all other items required 417 to be paid at Closing,except as otherwise provided herein. 418 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and documents 419 required by Closing Company that will be necessary to complete this transaction.Buyer and Seller shall sign and 420 complete all customary or reasonably required documents at or before Closing. 421 15.3. Closing Services Fee. The fee for real estate Dosing services shall be paid at Closing by O Buyer ❑ Seller 422 ® One-Half by Buyer and One-Half by Seller ❑ Other 423 15.4. Closing Instructions. The Colorado Real Estate Commission's Closing Instructions ® Are ❑ Are Not 424 executed with this Contract Upon execution, ❑ Seller 0 Buyer shall deliver such Closing Instructions to the Closing Company. 425 155. Status Letter and Transfer Fees. Any fees incident to the i stance of Association's statement of assessments 426 (Status Letter)shall be paid by ❑ Buyer O Seller ❑ One-Half by Buyer and One-Half by Seller.Any fees incident 427 to the transfer from Seller to Buyer assessed by the Association(Association's Transfer Fee)shall be paid by O Buyer 428 ❑ Seller ❑ One-Half by Buyer and One-Half by Seller. 429 15.6. Local Transfer Tax. 0 The Local Transfer Tax of %of the Purchase Price shall be paid at Closing by 430 O Buyer ❑ Seller ❑ One-Half by Buyer and One-Half by Seller. 431 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by 432 ❑ Buyer ❑ Seller ❑ One-Half by Buyer and One-Half by Seller. 433 16. PRORATIONS. The following shall be prorated to Closing Date(§2.3),except as otherwise provided: 434 16.1. Taxes. Personal property taxes,if any,and general real estate taxes for the year of Closing,based on ®'Taxes 435 for the Calendar Year Immediately Preceding Closing ❑ Most Recent Mill Levy and Most Recent Assessed 436 Valuation ❑ Other 437 16.2. Rents. Rents based on ® Rents Actually Received ❑ Accrued. Security deposits held by Seller shall be credited 438 to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases. 439 163. Association Assessments. Current regular Association assessments and dues(Association Assessments)paid 440 in advance shall be credited to Seller at Closing.Cash reserves held out of the regular Association Assessments for deferred 441 maintenance by the Association shall not be credited to Seller except as may be otherwise provided by the Governing 442 Documents.Any special assessment by the Association for improvements that have been installed as of the date of Buyer's 443 signature hereon shall be the obligation of Seller Any other special assessment assessed prior to Closing Date(§2.3)by the 444 Association shall be the obligation of❑ Buyer O Seller. Seller represents that the Association Assessments are currently 445 payable at$ per and that there are no unpaid regular or special assessments against the 446 Property except the current regular assessments and . Such assessments 447 are subject to change as provided in the Governing Documents. Seller agrees to promptly request the Association to deliver 448 to Buyer before Closing Date(§2.3)a current Status Letter. 449 16.4. Other Prorations. Water and sewer charges,interest on continuing loan,and those of record. 450 16.5. Final Settlement. Unless otherwise agreed in writing,these prorations chall be final. 451 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time(§2.3), 452 subject to the following leases or tenancies: month to month for 4 months only-then property will be closed on. 454 455 If Seller,after Closing,fails to deliver possession as specified,Seller shall be subject to eviction and shall be additionally CBS14.07.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 2242008 20:30 Page 9 of 16 Barer lalda6 Selkr laitldr 456 liable to Buyer for payment of$55.00 per day(or any part of a day)from the Possession Date and Possession Time 457 (§2.3)until possession is delivered. 458 Buyer ® Does ❑ Does Not represent that Buyer will occupy the Property as Buyer's principal residence. 459 18. ASSIGNABILITY AND INUREMENT. This Contract ❑ Shall ® Shall Not be assignable by Buyer without 460 Seller's prior written consent.Except as so toiicted,this Contract shall inure to the benefit of and be binding upon the heirs, 461 personal tcp.wcntatives,successors and assigns of the parties. 462 19. INSURANCE;CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-THROUGH. 463 Except as otherwise provided in this Contract,the Property,Inclusions or both shall be delivered in the condition existing as of the 464 date of this Contract,ordinary wear and tear excepted. 465 19.1. Casualty Insurance. In the event the Property or Inclusions are damaged by fire or other casualty prior 466 to Closing in an amount of not more than ten percent of the total Purchase Price,Seller shall be obligated to repair the 467 same before Closing Date(§2.3). In the event such damage is not repaired within said time or if the damage exceeds 468 such sum,this Contract may be terminated at the option of Buyer by delivering to Seller written notice of termination on 469 or before Closing.Should Buyer elect to carry out this Contract despite such damage,Buyer shall be entitled to a credit at 470 Closing for all insurance proceeds that were received by Seller(but not the Association,if any)resulting from such damage 471 to the Property and Inclusions,plus the amount of any deductible provided for in such insurance policy. Such credit shall 472 not exceed the Purchase Price. in the event Seller has not received such insurance proceeds prior to Closing,then Seller shall 473 assign such proceeds,at Closing,plus credit Buyer the amount of any deductible provided for in such insurance policy,but 474 not to exceed the total Purchase Price. 475 19.2. Damage,Inclusions and Services. Should any inclusion or service(including systems and components of the 476 Property,e.g.heating,plumbing)fail or be damaged between the date of this Contract and Closing or possession, 477 whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of 478 similar size,age and quality,or an equivalent credit,but only to the extent that the maintenance or replacement of such 479 Inclusion,service or fixture is not the responsibility of the Association,if any,less any insurance proceeds received by Buyer 480 covering such repair or replacement. Seller and Buyer are aware of the existence of pre-owned home warranty programs that 481 may be purchased and may cover the repair or replacement of such Inclusions.The risk of loss for damage to growing crops by 482 fire or other rasltalty shall be borne by the party entitled to the growing crops as provided in§3.1.7 and such party shall be 483 entitled to such insurance proceeds or benefits for the growing crops. 484 193. Walk-Through and Verification of Condition. Buyer,upon reasonable notice,shall have the right to walk through 485 the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract 486 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document,Buyer and Seller 487 acknowledge that the respective broker has advised that this document has important legal consequences and has recommended 488 the examination of title and consultation with legal and tax or other counsel before signing this Contract 489 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received 490 as Earnest Money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any 491 obligation hereunder is not pee mined or waived as herein provided,there shall be the following remedies: 492 21.1. If Buyer is in Default: 493 ❑ 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled,in which case all Earnest Money 494 (whether or not paid by Buyer)shall be forfeited by Buyer,paid to Seller and retained by Seller,and Seller may recover 495 such damages as may be proper,or Seller may elect to treat this Contract as being in full forte and effect and Seller shall 496 have the right to specific performance or damages,or both. 497 ® 21.1.2. Liquidated Damages. All Earnest Money(whether or not paid by Buyer)shall be forfeited by Buyer,paid 498 to Seller,and retained by Seller. Both parties shall thereafter be released from all obligations hereunder.It is agreed that the 499 Earnest Money specified in§4.1 is LIQUIDATED DAMAGES,and not a penalty,which amount the parties agree is fair and 500 reasonable and(except as provided in§§ 10.4, 19,21.3,22 and 23),said forfeiture shall be SELLER'S SOLE AND ONLY 501 REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific 502 performance and additional damages. 503 21.2. if Seller is in Default: Buyer may elect to treat this Contract as canceled,in which case all Earnest Money received 504 hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this Contract 505 as being in full force and effect and Buyer shall have the right to specific performance or damages,or both. 506 213. Cost and Expenses. In the event of any arbitration or litigation relating to this Contract,the arbitrator or court 507 shall award to the prevailing party all reasonable costs and expenses,including attorney and legal fees. 508 22. MEDIATION. If a dispute arises relating to this Contract,prior to or after Closing,and is not resolved,the parties 509 shall first proceed in good faith to submit the matter to mediation.Mediation is a process in which the parties meet with an 510 impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. 511 The parties to the dispute must agree before any settlement is binding.The parties will jointly appoint an acceptable 512 mediator and will share equally in the cost of such mediation.The mediation,unless otherwise agreed,shall terminate in CaS1A-a7.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 21242005 2tr30 Page 10 of 16 Barer Initials Seller initials 513 the event the entire dispute is not resolved within 30 calendar days of the date written notice requesting mediation is 514 delivered by one party to the other at the party's last known address.This section shall not alter any date in this Contract, 515 unless otherwise agreed. 516 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein,Earnest Money Holder shall release the Earnest 517 Money as directed by written mutual instructions,signed by both Buyer and Seller. In the event of any controversy regarding 518 the Earnest Money(notwithstanding any termination of this Contract),Earnest Money Holder shall not be required to take any 519 action. Earnest Money Holder,at its option and sole discretion,may(1)await any proceeding,(2)interplead all parties and 520 deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal 521 fees,or(3)provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and 522 Complaint or Claim(between Buyer and Seller)containing the case number of the lawsuit(Lawsuit)within 120 calendar 523 days of Earnest Money Holder's notice to the parties,Earnest Money Holder shall be authorized to return the Earnest Money 524 to Buyer.In the event Earnest Money Holder does receive a copy of the lawsuit,and has not interpled the monies at the 525 time of any Order,Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court.The parties 526 reaffirm the obligation of Mediation(§22). 527 24. TERMINATION. In the event this Contract is terminated,all Earnest Money received hereunder shall be returned 528 and the parties shall be relieved of all obligations hereunder,subject to§§ 10.4,22 and 23. 529 25. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real 530 Estate Commission.) 531 Buyer is executing this contract with the following terms. He will rent the property for 3 months, maximize at $1,200.00 per month, then pay cash ($243, 000.00) to close the property at the end of May. Should closing not happen, buyer relinquishes his $2,000.00 in favor of the seller. Any alterations to the property made my the buyer/renter, will become the property of the seller, and there shall be no concession from the seller to compensate the buyer. Buyer is required to purchase insurance to cover the property no later than March 1, 2008. 549 550 26. ATTACHMENTS. The following are a part of this Contract. 551 552 Note:The following disclosure forms are attached but are not a part of this Contract: 553 554 27. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith,including but 555 not limited to exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations 556 (§5)and Property Disclosure,Inspection,Indemnity,Insurability,Buyer Disclosure and Source of Water(§ 10). 557 28. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL. This agreement constitutes the entire Contract between 558 the parties relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or written,have been merged 559 and integrated into this Contract.No subsequent modification of any of the terms of this Contract shall be valid,binding 560 upon the parties,or enforceable unless made in writing and signed by the parties. My obligation in this Contract that,by its 561 terms,is intended to be performed after termination or Closing shall survive the same. 562 29. FORECLOSURE DISCLOSURE AND PROTECTION. Seller acknowledges that,to Seller's current actual 563 knowledge,the Property ❑ Is ® Is Not in foreclosure. in the event this transaction is subject to the provisions of the 564 Colorado Foreclosure Protection Act(the Act),(i.e.,generally the Act requires that the Property is residential,in foreclosure, 565 and Buyer does not reside in it for at least one year),a different contract that complies with the provisions of the Act is required, 566 and this Contract shall be void and of no effect unless the Foreclosure Property Addendum is executed by all parties 567 concurrent with the signing of this Contract.The parties are further advised to consult with their own attorney. 568 30. NOTICE,DELIVERY,AND CHOICE OF LAW. 569 30.1. Physical Delivery. Except for the notice requesting mediation described in§22,delivered after Closing,and except 570 as provided in§30.2,all notices must be in writing. Any notice to Buyer shall be effective when physically received by 571 Buyer,any individual buyer,any representative of Buyer,or Brokerage Firm of Broker working with Buyer.Any notice to Seller 572 shall be effective when physically received by Seller,any individual seller,any representative of Seller,or Brokerage Firm 573 of Broker working with Seller. 574 30.2. Electronic Delivery. As an alternative to physical delivery,any signed document and written notice may be 575 delivered in electronic form by the following indicated methods only. ® Facsimile ❑ Email ❑ No Electronic Delivery. 576 Documents with original signatures shall be provided upon request of any party. 577 30.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance CBSS1447.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 224/2005 20:30 Page I l of 16 er Idtla6 Seller initials 578 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for 579 property located in Colorado. 580 31. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer 581 and Seller,as evidenced by their signatures below,and the offering party receives notice of such acceptance pursuant to§30 582 on or before Acceptance Deadline Date(§2.3)and Acceptance Deadline Time(§2.3). If accepted,this document shall 583 become a contract between Seller and Buyer. A copy of this document may be executed by each party,separately,and when 584 each party has executed a copy thereof,such copies talwn together shall be deemed to be a full and complete contract between 585 the parties. 586 587 Date: t r' _ ! Buyer's Name: Shaun Laurence DBA EAOnr-nrc. /� NAt it'1'J - T iv`- PP A Buyer's Signature Address: Phone No.: Fax No.: Email Address: 588 589 590 [NOTE:If this offer is being countered or rejected,do not sign this document.Refer to§321 591 592 Date: Seller's Name: Ruby Whitson Seller's Signature Address: Phone No.: Fax No.: Email Address: 593 594 32. COUNTER;REJECTION. This offer is ❑ Countered ❑ Rejected. 595 Initials only of party(Buyer or Seller)who countered or rejected offer 596 END OF CONTRACT TO BUY AND SELL REAL ESTATE BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker ® Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in§4 and,while not a party to the Contract,agrees to cooperate upon request with any mediation conducted under§22. Broker is working with Buyer as a ❑ Buyer's Agent ❑ Seller's Agent ® Transaction-Broker in this transaction. ❑ This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by ❑ Listing Brokerage Firm ❑ Buyer ® Other seller. CBSI-847.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 2/242005 2O:30 Page 12 of 16 Boyer IOW, Seiler taffies Date: .-2--2/.2 4/4 Brokerage Firm's Name: Western Rangeview Realty Broker's Name: A14erta Hergenred r Broker's Si Address: 610 Cornerstone Dr, indoor, CO 80550 Phone No.: (970) 686-7081 Fax No.: (970) 686-7081 Email Address: BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker ® Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in§4 and,while not a party to the Contract,agrees to cooperate upon request with any mediation conducted under§22. Broker is working with the Seller as a ❑ Seller's Agent ® Transaction-Broker in this transaction. ❑ This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by ❑ Seller 0 Buyer ® Other seller Date: 2 /.2 4.7a Vi Brokerage Firm's Name: Western Rangeview Realty Broker's Name: Alberta Hergenreder ( ZI Broker's Si ture Address: 610 Cornerstone Dr, indoor, CO 80550 Phone No.: (970) 686-7081 Fax No.: (970) 686-7081 Email Address: 597 598 The following Closing Instructions are not part of the Contract to Buy and Sell Real Estate. 599 600 The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission(CL8-8-07)(Mandatory 1-08) 601 602 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 603 OTHER COUNSEL BEFORE SIGNING. 604 605 CLOSING INSTRUCTIONS 606 607 Date: February 26, 2008 608 609 1. PARTIES,PROPERTY. Ruby Nhitson, 610 Seller,and Shaun Lawrence, 084 /4/4 c N Nj- 171 c- 611 Buyer,engage First American Heritage Title,Closing Company,who agrees to provide closing and settlement 612 services in connection with the Closing of the transaction for the sale and purchase of the Property known as No. CBS1447.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 2/24/2008 20:30 Page 13 of 16 Buyer initials Seller initials 613 18997 WCRD 8 ct rd Brighton CO 80603, 614 Street Address City State Zip 615 and more fully described in the Contract to Buy and Sell Real Estate,dated February 26, 2008,including any 616 counterproposals and amendments(Contract). 617 618 2. INFORMATION,PREPARATION. Closing Company is authorized to obtain any information necessary for the Closing. 619 Closing Company agrees to prepare,deliver,and record those documents(excluding legal documents)that are necessary to 620 carry out the terms and conditions of the Contract. 621 622 3. CLOSING FEE. Closing Company will receive a fee not to exceed$200.00 for providing these closing and settlement 623 services. 624 625 4. RELEASE,DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value 626 prior to receipt and disbursement of Good Funds,except as provided in§§8 and 9. 627 628 5. DISBURSER. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be 629 separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree 630 that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 631 632 6. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: 633 ❑ Cashier's Check,at Seller's expense O Funds Electronically Transferred(wire transfer)to an account spwified by Seller, 634 at Seller's expense ® Closing Company's trust account check. 635 636 7. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate,complete and detailed closing statement 637 to Buyer and Seller at time of Closing. 638 639 8. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract, 640 Closing Company,except as provided herein,is authorized and agrees to return all documents,monies,and things of value to the 641 depositing party,upon which Closing Company will be relieved from any further duty,responsibility or liability in connection 642 with these Closing Instructions. In addition,any promissory note,deed of trust or other evidence of indebtedness signed by Buyer 643 shall be voided by Closing Company,with the originals returned to Buyer and a copy to Buyer's lender. 644 645 9. EARNEST MONEY DISPUTE. Closing Company shall comply with the provisions of§23 of the Contract incorporated 646 herein by reference. 647 648 10. SUBSEQUENT AMENDMENTS. Any amendments to,or termination of,these Closing Instructions must be in writing 649 and signed by Buyer,Seller and Closing Company. 650 651 11. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company 652 to withhold a substantial portion of the proceeds of this sale when Seller either(a)is a foreign person or(b)will not be a 653 Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an 654 exemption exists. 655 656 12. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 657 Commission.) 658 659 660 13. COUNTERPARTS. This document may be executed by each party,separately,and when each party has executed a copy, 661 such copies taken together shall be deemed to be a full and complete contract between the parties. 662 663 14. BROKER'S COPIES. Closing Company shall provide,to each broker in this transaction,copies of all signed documents 664 that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 665 666 15. NOTICE,DELIVERY AND CHOICE OF LAW. 667 15.1. Physical Delivery. Except as provided in§15.2,all notices must be in writing.Any notice to Buyer shall be effective 668 when physically received by Buyer,any individual buyer,any representative of Buyer,or Brokerage Firm of Broker working with 669 Buyer.Any notice to Seller shall be effective when physically received by Seller,any individual seller,any representative of Ca51-8-07.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WITH CLOSING INSTRUCTIONS 2242008 20:30 Page 14 of 16 Bayer Initials Seller Initials 670 Seller,or Brokerage Finn of Broker working with Seller.Any notice to Closing Company shall be effective when physically 671 received by Closing Company,any individual of Closing Company,or any representative of Closing Company. 672 15.2. Electronic Delivery. As an alternative to physical delivery,any signed documents and written notice may be 673 delivered in electronic form by the following indicated methods only: ® Facsimile ❑ Email ❑ No Electronic Delivery. 674 Documents with original signatures shall be provided upon request of any party. 675 153. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance 676 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state 677 for property located in Colorado. 678 Date: t' Buyer's Name: Shaun Lawrence DBA '��a'v!l11 �'�i ( i HACNN-INC. DB it H o c iV Al e T N[ Buyer's Signature Address: Phone No.: Fax No.: Email Address: Date: Seller's Name: Ruby Whitson Seller's Signature Address: Phone No.: Fax No.: Email Address: 689 Date: Closing Company's Name: First American Heritage Title Authorized Signature The Address: First American Heritage Title Phone No.: Fax No.: Email Address: (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) Alberta Hergenreder (Broker), ❑ Working with Seller ® Working with Buyer engages Closing Company as Broker's scrivener to complete,for a fee not to exceed $ at the sole expense of Broker,the following legal documents: 690 ❑ Deed ❑ Bill of Sale ❑ Colorado Real Estate Commission approved Promissory Note ❑ Colorado Real Estate 691 Commission approved Deed of Trust.Closing Company agrees to prepare,on behalf of Broker,the indicated legal documents 692 pursuant to the terms and conditions of the Contract. 693 694 The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible 695 for the accuracy of the above documents. 696 (- a � , r 697 Date: G/ �C�Lc Brokerage Firm's Name: Western Rangeview-Realty Broker's Name: Alberta Hergenreder CBSId®7.CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES)WETS CLOSING INSTRUCTIONS 224/2008 20:30 Page 15 of 16 Bayer'aids Seller Wattle • • I I I -° '‘' ■ li 1 ' 6b \` o0 Iititaiihi, I Li- 4_,_ 9 ti, I - tz2 i3"diNdn■rilik O SI 1\ thk Z IE IN PI JIM"- g) Min to N213IS3M N6-£ , : Nk N N\-. '1 .Nsi I a.D a`) I ■ %�� �s4n �1 in \, C a> riu Z 1 ,r-i a_ S . . As(IC MS Z 3 n HI EXHIBIT Iv' ►XIS' I
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