The URL can be used to link to this page

Browse Search

Home My WebLink About20062428.tiff ‘41,(t4;, hiDe SITE PLAN REVIEW COLORADO Administrative Review Planner Jacqueline Hatch Case Number Site Plan Review 397 Parcel Number 1207 23 020005& 1207 23 020006 Applicant: Zeek Partnership LLLP c% Kenneth Williamson Legal Description: Lots 5 & 6 Block 1 Rademacher Business Park being Part of NW4 of Section 23, T3N, R68W of the 6"'P.M., Weld County, CO Zoning: PUD Business with Commercial(C-3) and Industrial Proposed Use: Indoor Cold and Dry Self Storage Site Plan Review Standards Meets the Intent of Comments the Weld County Code Site Plan Certification Included in Application YES Retention Facilities Need approval from Weld County Public Works as NO Engineering Dept. stated in the referral dated April 26, 2006 Off-street Parking Meets Appendix 23-B of Weld County Code YES Loading Areas Delineated on the plat YES Access Not Approved- Needs sign-off from Weld County NO Public Works as stated in the referral dated April 26, 2006 Setback Requirements 25 Feet YES Offset Requirements 10 Feet YES Landscaping 85% is the maximum lot coverage allowed (15% YES landscaped) Trash Collection and Location with screening is shown YES Storage Potable Water Little Thompson Water District YES Sewage Disposal Individual Septic Disposal System (I.S.D.S) YES Environment Standards YES Property Maintenance Note on landscaping plan YES 2006-2428 SPR-397 Zeek Partnership—Storage Units Page 1 /9-L /PS/ This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: A. The applicant shall submit a waste handling plan, for approval, to the Environmental Health and Services Division of the Weld County Department of Public Health & Environment. Evidence of approval shall be submitted to the Department of Planning Services. The plan shall include at a minimum, the following: 1. A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated) 2. A list of the type and volume of chemicals expected to be stored on site 3. The waste handler and facility where the waste will be disposed (including the facility name, address and phone number). (Department of Public Health and Environment) B. The applicant shall provide to the Departments of Planning Services and Public Health and Environment current evidence that the facility has an adequate water supply (i.e., well or community water system). The applicant has provided a letter of request for a "can serve" letter from Little Thompson Water District. (Departments of Planning Services and Public Health and Environment) C. The applicant shall submit evidence to the Department of Public Health and Environment of compliance with the Air Pollution Control Division (APCD), Colorado Department of Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to the Divisions' requirements. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response received April 14, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall provide a revised access and on-site circulation pattern to the Mountain View Fire Protection District and then the Department of Public Works for review and approval. Evidence of approval from both agencies shall be submitted to the Department of Planning Services. (Department of Planning Services) The applicant shall attempt to address the requirements (concerns) of the Town of Mead as stated in the referral response received April 18, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Health and Environment letter dated May 3, 2006 have been met. (Department of Planning Services) H. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Works letter dated April 26, 2006 from Jesse Hein P.E. regarding site comments have been met. (Department of Planning Services) The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Works letter dated April 26, 2006 from Brian Varrella P.E. regarding drainage comments have been met. (Department of Planning Services) SPR-397 Zeek Partnership—Storage Units Page 2 J. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Building Inspection letter dated May 4, 2006 have been met. (Department of Planning Services) K. The applicant has submitted a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all landscaping, transportation (access drive, parking areas, etcetera) and non-transportation (plant materials, fencing, screening, water, signage etcetera). The applicant shall submit to the Department of Planning Services an itemized landscaping bid for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Site Plan Review plat. Or the applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) L. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled Site Plan Review SPR-397. (Department of Planning Services) 2. The Site Plan Review Map shall be prepared in accordance with Section 23-2- 160.V of the Weld County Code. (Department of Planning Services) 3. The vicinity map shall be delineated on the plat in compliance with Section 23-2- 160.V.6 of the Weld County Code. (Department of Planning Services) 4. The approved fire hydrant locations shall be delineated on the Site Plan as agreed upon with the Mountain View Fire Protection District. Evidence of approval from the Mountain View Fire Protection District shall be submitted to the Department of Planning Services. (Mountain View Fire Protection District) 5. The plat shall delineate the access and on-site circulation as approved by the Mountain View Fire Protection District and the Department of Public Works. (Mountain View Fire Protection District) 6. The landscape medians and all other improvements shall not be located within the road right-of-way. (Departments of Planning Services and Public Works) 7. The applicant shall reduce the number of access points to the site for safety concerns. It appears that one (1) access entrance point from Camelot Circle to each lot is appropriate for the proposed development. (Department of Public Works) 9' A thirty foot (30') right-of-way for the oil and gas access road shall be documented and shown on the plat. (Department of Public Works) 9. The vehicle parking and office area shall adhere to the Off-street Parking and Loading Requirements, per Sections 23-4-20.B, 23-4-30.A, Appendix 23-A, 23-4- 30. and 23-4-50 of the Weld County Code. (Department of Planning Services) 10. The applicant shall provide at a minimum ninety (90) parking stalls for this facility of which four (4) must meet the requirements of the Americans with Disabilities Act. The dimensions of the parking stalls shall adhere to Section 23-4-30.B, Appendix 23-A of the Weld County Code. This site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one SPR-397 Zeek Partnership—Storage Units Page 3 space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right-of-way. Further, the ramps from the parking area shall identify a landing area for non-ambulatory users of this facility. (Department of Planning Services) 11. The applicant shall delineate any on-site lighting. Lighting shall adhere to the lighting requirements and standards for off-street parking spaces per Section 23- 4-30.E, Section 23-2-250 and Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 12. The applicant shall submit a plan describing any proposed on-site signs. Any proposed sign shall adhere to Sections 23-4-100, 23-4-110 and 26-2-90 of the Weld County Code. The applicant shall apply for and receive a building permit for all proposed signs. (Department of Planning Services) 71 The following notes shall be placed on the plat: 1. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. 2. In the event that a portion of the building is proposed to be leased or sold to another party in the future, the applicant shall submit a copy of the lease of sales agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial and Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100, C.R.S., as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,C.R.S., as amended. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes. (Department of Public Health and Environment) SPR-397 Zeek Partnership—Storage Units Page 4 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 9. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 12. The facility shall utilize the existing public water supply. (Little Thompson Water District) (Department of Public Health and Environment) 13. All potentially hazardous chemicals must be store and handled in a safe manner in accordance with product labeling an in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 14. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. If a drainage culvert is required a 15-inch corrugated metal pipe is the County's minimum size requirement. If the chooses to place a larger culvert, calculations must be provided to the Department of Public Works to substantiate the flows. (Department of Public Works) 17. A separate building permit shall be obtained prior to the construction of any building. (Department of Building Inspection) 18. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Commercial building plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 19. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 20. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 21. The storage units will probably be classified as an S-2, the office area will probably be classified as a B occupancy. (Department of Building Inspection) 5 22. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) 23. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) 24. Landscaping materials as indicated in the approved Landscape / Screening Plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 25. Lighting shall comply with the requirements and standards for off-street parking spaces per Section 23-4-30.E, Section 23-2-250 and Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 26. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 27. No outside storage shall be permitted on site. (Department of Planning Services) 28. The site is to be utilized for storage and warehousing. (Department of Planning Services) 29. No resale shall be permitted from the site. (Department of Planning Services) 30. The structures shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. (Department of Planning Services) 31. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 32. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 33. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 34. Prior to the release of building permits building construction plans and a final site plan showing the gross square footage of the buildings, the building construction type, and existing and proposed fire hydrants must be submitted to the Mountain SPR-397 Zeek Partnership—Storage Units Page 6 View Fire District for review and approval. (Mountain View Fire Protection District) 2. Prior to the release of building permits: A. Building construction plans and a final site plan showing the gross square footage of the buildings, the building construction type, and existing and proposed fire hydrants must be submitted to the Mountain View Fire District for review and approval. (Mountain View Fire Protection District) 3. Prior to issuance of the Certificate of Occupancy: A. A final inspection of each occupancy as well as the core and shell for each building will be required by a member of the Mountain View Fire Protection District. (Mountain View Fire Protection District) B. An individual sewage disposal system is required for the proposed office facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) C. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 4. Prior to the operation: A. A stormwater discharge permit may be required for a development / redevelopment / construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. (Department of Public Health and Environment) Site Plan Review conditionally approved by:Jacqueline Hatch, Planner ll Date:May 26, 2006 SPR-397 Zeek Partnership—Storage Units Page 7 riv t ii;is:, DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 424 LONGMONT, COC 80504 PHONE: (720)652-4210, Ext. 8730 hiDe FAX: (720)652-4211 COLORADO April 3, 2006 Zeek Partnership LLLP c/o Kenneth Williamson 4068 Camelot Cr Longmont CO 80504 Subject: SPR-397 -A Site Plan Review for cold/dry storage units located on a parcel of land described as Lots 5&6 of Block 1, Rademacher Business Park, being part of the NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. Our Department will be processing the Site Plan within 45 to 60 days upon receipt of the application. You will be notified by this office at the end of the review period regarding the site plan. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Firestone, Longmont and Mead Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Firestone, Longmont and Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Firestone at (303) 833-3291, Longmont at(303) 651-8330 and Mead at (970) 535-4477, for further details regarding the date, time, and place of the meeting. If you have any questions concerning this matter, please feel free to call or visit our office. Sincerely, Jacq eline Hatc Plan FIELD CHECK Inspection Date: 7/14/06 APPLICANT: Zeek Partnership LLLP do Kenneth Williamson CASE# : SPR-397 REQUEST: Site Plan Review for cold/dry storage units LEGAL: Lots 5 & 6 Block 1 Rademacher Business Park being Part of NW4 of Section 23, T3N, R68W of the 6th P.M.,Weld County, CO. LOCATION: Approximately'A mile east of 1-25 and south of and adjacent to CR 32. PARCEL ID#: 1207 23 020005& 1207 23 020006 ACRES: 11 +/- Zoning Land Use N Agricultural N Agricultural E Agricultural E Agricultural S PUD C-3 I-1 S Vacant W PUD C-3 I-1 W RV Storage/Sales COMMENTS: Vacant slopes gently down to the north Site has been graded USR-1553 for oil and gas (5 heads) is being installed on the western lot Oil and gas access off of CR 32 Jacqueline H , Pla ner FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT # 1$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 Z, 0 1 -? 3 - Z. - d Z - 0 O Co (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co weld co.us). Legal Description N u \14 , Section Z3 , Township 3 North, Range 68 West Lot/Block: Zone District: 1- , Total Acreage: 5. 423 , Overlay District: TH E OW NER(S)OF`THE PROPERTY: N a n m e Zak ri)o.Arky\ev5\. et t_ l� c- Work Phone# S- (x014- Home Phone# Email Address: Address: 4O(0S . Y"2 0-ICr. C i t y , / S t a t e / Z i p C o de L9V.9J)vV• trv.A- CO c2 so 4_ N a m e • Work Phone# Home Phone# Email Address: Address: C i t y / S t a t e / Z i p Co d e N a m e • Work Phone# Home Phone# Email Address: Address: C i t y / S t a t e / Z i p C o d e APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) N a m e • Work Phone# Home Phone# Email Address: Address: C i t y / S t aI t e / I Z i p C o de PROPOSED USE: c_ o S e tl �r l STo rc 9 -3- I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the ap lication. If a corporation is the fee owner, notarized evidence must be included showing the sign ry has o legal uthority to sign for the corporation. ZMM IL jgoti2a a /X06 rgnature: wner or Authorized Agent Date Signature: Owner or Authorized Agent Date SITE PLAN CERTIFICATION I (We) hereby certify that the uses,T r V-, buildings, and structures located on: r 143 oc {'L \ be 4LQ ry, vv.Qln�ed {�L4 0-c 2adervv.o-cLev- �u 51�e55 ?a-v.V— \---- vv.w\ eo t . �e‘u q Q � -cc\o-k— o ? Rack kw.,azLav% Cfj.r.,ctlneSS ?c,vk p,U , O • 1 \ oca e� "k '� N.t,,.l. tr¢ 1 SeCAIev. 231 louv,,sVp 3 laavkL1 2.o.wjc 6S(legatdiescr on)cL1e (Q{S, p. A. I lje(J CouvALI 1Co are designed and will be constructed and operated in accordance with the applicable Performance Standards and District Requirements for theC� Co n n-enc,eJ"zone district as stated in the Weld County Code and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. Signature of Property Owner The foregoing i ru ent was subs 'bed d sworn to before me this_ 1p ,day of c4 ik cc a r 14 • 2170,5 , b ✓rin. , WITNESS my hand and official seal. My Co mission expires: No ary Publi -4- Zeek Partnership, LLLP 4068 Camelot Cr. Longmont CO 80504 970-535-6074 March 29, 2006 Weld County Planning Offices 4209 CR 24 1/2 Longmont CO 80504 To Whom It May Concern: Ted Drysdale is authorized to represent Zeek Partnership, LLLP in all communi- cation concerning the Project at Lot 5 & 6, Block 1, 1-25 Business Park. If you have any questions, please do not hesitate to contact this office. Sincerely,/Kenneth A. Williamson J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 March 27, 2006 Project: Lot 5 and 6, Block 1 Amended Plat of the Rademacher Business Park P.U.D. SITE PLAN REVIEW APPLICATION Application Requirements per Section 23-2-160 of Weld County Code. A. Application. - See attached Application. B. Legal instrument identifying Applicant's interest in property. - See attached Title Policy. C. N/A D. N/A E. Description of proposed use. - This property will be used to provide enclosed cold storage units for the public to rent. The storage buildings will be divided into a minimum of thirty-two (32) units 20' x 40' in size and sixty (60) units 20'x 50' in size. The total project will provide approximately 85,800 square feet of storage space on one level. Water and sewer services will not be provided to the storage units. Water service and septic system design will be provided for the office and restrooms located in the westerly building. On-site areas will be provided for unloading and loading of materials in the storage units. Drainage swales and detention facilities will be provided to accommodate on-site and applicable off-site drainage. Power for lighting, and the extension of fire lines to provide fire protection will be the only utilities provided to the storage units. F. Evidence of adequate potable water availability for zone district. - See attached letter to Little Thompson Water District. G. Evidence of adequate sewage disposal facilities. - Two restrooms (one women's and one men's) will be provided for customers as well as use by the office employee. A septic design is attached. H. Completed County Road Access Information Sheet. - See attached County Road Access Information Sheet. 1 I. The number of employees associated with the use. - One employee will assist customers with renting and accessing units. J. Statement indicating that the proposed use meets required setbacks and offset requirements. - The existing building meets or exceeds the required setbacks and offset requirements for the P.U.D. zone district. K. Provide a generalized sketch of Building. - See attached building photos in plan set representing typical proposed buildings. L. A plan describing any proposed signage. No site sign is planned at this time but the location of a future sign is shown on the site plans. Any future sign will be submitted for Weld County review and approval following then current Weld County requirements. M. Statements describing Landscape requirements. 1. The lot shall have a minimum 15% of the total lot dedicated to landscaping. This site has a total of 55% dedicated to landscaping and open space. 2. A 20' Landscape easement has been provided along Camelot Circle per the plat. A minimum ten foot landscape area has been provided along both sides of the property. The detention pond area will be seeded. Limited landscape areas are to be sprinkled in keeping with water conservation guidelines of Little Thompson Water District. Plantings will be watered by use of a soaker system. 3. Landscape has been designed to provide a buffer between Camelot Circle and the area in front of the building. 4. A detailed landscaping plan has been included in the Site Plan submittal. N. A statement accompanied by evidence explaining how storm water runoff will be handled. - See attached drainage report. O. A statement explaining that the proposed use, building, or structure meets the off-street parking requirements. - The proposed use does not require off-street parking in that the storage units will not have on-going use by the tenant. One temporary parking space per unit in front of the storage unit will be for loading and/or unloading only. One employee parking space will be located adjacent to the office area. P. A statement explaining that sufficient space in loading/service areas are provided for the loading and unloading of vehicles without encroachment upon neighboring property or rights- of-way. Loading/service areas shall be paved. - No unloading or unloading of vehicles will be performed outside the limits of the lot. All loading/unloading areas within the lot shall be paved. 2 Q. A statement explaining that the lot shall have safe access to an approved public street. - This lot shall access onto Camelot Circle, a paved public street that has been designed and approved by Weld County for the similar uses as proposed. Camelot Circle has a Local Street designation. R. A statement explaining that new accesses to public rights-of-way shall be constructed using minimum standards below. I. Size of drainage structure - 15" min. diameter. Not Applicable. 2. Length of drainage structure - 20' minimum. Not Applicable. 3. Depth of cover over pipe. Not Applicable. 4. Width of access - ten (10)to fifteen (15) feet for one-way single access, twenty-four- feet minimum for two-way traffic. Proposed access to be 40 feet wide. 5. Maximum grade of access - fifteen percent (15%). Proposed grade will not exceed fifteen percent (15%). 6. Flare radius - twenty-foot minimum in a residential zone district, forty-foot minimum in commercial and industrial zone districts. Proposed flare radius - 40 feet. 7. Depth of surfacing - per engineering design and subject to approval by the Department of Public Works. A final pavement thickness design will be completed and submitted to the Department of Public Works for approval. S. N /A T. A statement that trash collection area or facilities are located, designed and used in a manner that shall meet the requirements of the zone district. - A trash enclosure shall be located adjacent to the office. It will be located behind the building and screened from all adjacent right-of-ways. U. A statement explaining that the use is compatible with the existing or future development of surrounding areas as permitted by the existing zoning and with the future development of the area as projected by the Comprehensive Plan or Master Plan of affected municipalities and any Intergovernmental Agreement. Such use shall adhere to the following operation standards, to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: 1. Noise. The operations proposed for this facility are compatible with the existing adjacent and nearby facilities in a light industrial/commercial zone. All existing facilities are oriented to the use of multiple vehicles, equipment, and/or outside equipment activities. The proposed use will not exceed the noise limits as established in Section 25-12-101, C.R.S. 2. Air Quality. The proposed use will not exceed the air quality standards as established by the Colorado Air Pollution Control Commission. 3. Water Quality. The proposed use has provided for a sand filter to insure the quality of water to be discharged from the facility. During construction, water quality control features shall be implemented, including erosion control measures, to meet the intent of the standards established by the Water Quality Control Commission. 3 4. Radiation and Radioactive Materials. None will be used, stored, or processed on this site. 5. Heat. The uses on this site will not emit heat in such amount sufficient to raise the temperature of the air or of materials at or beyond the lot line more than 5 degrees (5°) Fahrenheit. 6. Glare. Any lighting used to illuminate an off-street parking area, outside storage area, outside activity area, sign or other structure on this site will be arranged to deflect light away from any adjoining residential zone and from County roads. Lighting is designed to not shine directly onto adjacent properties or public or private streets, and no colored lights will be used in connection with the proposed use. 7. Property Maintenance. The property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property shall not allow the growth of Noxious Weeds. 8. Off-site Improvements. N/A. V. Site Plan Review Map. - See Attached. W. Site Plan Review Plat. - To be prepared upon approval of Site Plan Review Application. X. Certificate from County Treasurer showing no delinquent taxes for the parcel area. - See Attached. Y. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, or shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. - See Attached letter. Z. N/A. Respectfully Submitted, J L Walter Consulting J L Walter 4 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7052298 Parcel#: 120723202005 Tax Area: 2309 Bordering County: Acres: 5.242 Township Range Section Ouart.Sec. Subdivison Name Blocks Lot# 03 - 68 - 23 - 2 RADEMACHER BUS PARK PUD AMD - 1 - 5 Owners Name &Address: Property Address: ZEEK PARTNERSHIP LTD Street: WELD C/O KENNETH A WILLIAMSON City: WELD P O BOX 10 MEAD, CO 80542 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description RAD L5 BLK1 RADEMACHER BUSINESS PARK PUD AMD PLAT SITUS: WELD Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Industrial 0300 Square Feet 228341.5 Land Subtotal: 228341.5 $111,899 $32,450 No Buildings on Parcel http://maps.merrick.com/Website/Weld/setSgl.asp?emd=QUERY&DET=PP&pin=120723... 3/31/2006 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7052398 Parcel#: 120723202006 Tax Area: 2309 Bordering County: Acres: 5.423 Township Rang_e Section Dart.Sec. SubdivisonName Block#Lot# 03 - 68 -23 - 2 RADEMACHER BUS PARK PUD AMD - 1 - 6 Owners Name&Address: Property Address: ZEEK PARTNERSHIP LTD Street: WELD C/O KENNETH A WILLIAMSON City:WELD P o BOX 10 MEAD, CO 80542 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description RAD L6 BLK1 RADEMACHER BUSINESS PARK PUD AMD PLAT SITUS: WELD Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Industrial 0300 Square Feet 236225.9063 Land Subtotal: 236225.9063 $115,763 $33,570 No Buildings on Parcel http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12072... 01/27/2006 AGREEMENT OF LIMITED PARTNERSHIP OF ZEEK PARTNERSHIP, LLLP A COLORADO REGISTERED LIMITED PARTNERSHIP This Agreement of Limited Partnership ("Agreement") is made and entered into effective the 15th day of June, 1994, by and among KENNETH A. WILLIAMSON and CONNIE S. WILLIAMSON, as General Partners (collectively called the "General Partner"), and all of the parties listed on Schedule A attached hereto which are admitted to the Partnership as Limited Partners (the "Limited Partners"). Both the General Partners and the Limited Partners existing from time to time are referred to herein individually as "Partner" and collectively as "Partners." For and in consideration of the mutual covenants herein expressed, the Partners hereby form and organize a limited partnership (the "Partnership"), under and pursuant to the Colorado Uniform Limited Partnership Act of 1981, as the same may be amended from time to time (the "Act"), for the purposes and upon the terms, provisions and conditions set forth herein. ARTICLE I NAME AND PLACE OF BUSINESS 1 .1. Name. The business of the Partnership shall be conducted under the name "ZEEK PARTNERSHIP, LLLP" or such other name as the Managing Partner may hereafter designate by amendment of this Agreement in accordance with the provisions of the Act and this Agreement. The Managing Partner shall, if necessary, execute and cause an assumed name or fictitious name certificate to be filed on behalf of the Partnership in such offices and with such authorities as may be required by the laws of the State of Colorado. 1 .2. Term. The Partnership shall commence on the date of this Agreement, and shall continue thereafter from year to year until the Partnership has been dissolved and liquidated. 1.3. Registered Agent - Principal Place of Business. The address of the office of the registered agent of the Partnership in the State of Colorado shall be 14504 1-25 Frontage Road, Longmont, CO 80504, and the registered agent for service of process on the Partnership in the State of Colorado at such registered office shall be KENNETH A. WILLIAMSON. The principal place of business of the Partnership shall be 14504 1-25 Frontage Road, Longmont, CO 80504, or such other place as the Managing Partner may hereafter designate. 1 .4. Other Jurisdictions. The Managing Partner shall take all actions necessary or appropriate under the applicable state law to qualify the Partnership to transact business as a registered limited partnership in such other jurisdictions as the Managing Partner shall determine to be in the best interests of the Partnership. 1 .5. Address of General Partners. The address of the General Partners is the address listed next to such General Partner's name in Schedule A. 1 .6. Address of Limited Partners. The address of each Limited Partner is the address listed next to such Limited Partner's name in Schedule A. ARTICLE II PURPOSES AND DEFINITIONS 2.1 . Purposes of the Partnership. The Partnership is organized for the purpose of acquiring, owning, operating, selling, leasing, managing and holding for investment property which the Managing Partner determines is appropriate from time to time, and conducting any other business allowed by the laws of the State of Colorado. 2.2. Definition of Terms. (a) Code. References to the "Code" are to the Internal Revenue Code of 1986, as amended, and to any successor Code. References to specific sections of the Code shall include any successor provisions to such sections. (b) General Partner. The term "General Partner" shall mean any person, trust, partnership, corporation or other entity which may at any time be a General Partner under this Agreement and regardless of whether one or more persons or entities are then a General Partner or General Partners. (c) General Partnership Units. The term "General Partnership Units" shall mean Units owned by a Partner, in such Partner's capacity as a General Partner. (d) Limited Partnership Units. The term "Limited Partnership Units" shall mean Units owned by a Partner, in such Partner's capacity as a Limited Partner. (e) Majority in Interest. The term "Majority in Interest" of the Partners, General Partners, Limited Partners or other designated group of Partners shall refer to one or more Partners, General Partners, Limited Partners, or other designated group of Partners who collectively hold over fifty percent (50%) of the aggregate Percentage Interests held by all such Partners, General Partners, Limited Partners, or other designated group of Partners. (f) Managing Partner. The term "Managing Partner" shall mean any person, trust partnership, corporation or other entity which may at any time be a General Partner under this Agreement and regardless of whether one or more persons or entities are then a Managing Partner or Managing Partners. (g) Net Cash Flow. The term "Net Cash Flow" shall mean all cash of the Partnership on hand as of the last day of each calendar year after the payment of all then due debts and liabilities of the Partnership and after any prepayments of any debts and liabilities of the Partnership that the Managing Partner, in the sole and absolute discretion of the Managing Partner, elects to cause the Partnership to make, less any reserves reasonably deemed necessary by the Managing Partner for (i) the repayment of any debts or liabilities of the Partnership, (ii) the working capital requirements of the Partnership, (iii) capital improvements to the property of the Partnership, (iv) the purchase or replacement of any assets of the Partnership, and (v) any contingent or unforeseen liabilities of the Partnership. (h) Percentage Interest. The term "Percentage Interest" shall mean each Partner's percentage interest in the Partnership determined by dividing all of that Partner's Units in the Partnership by the total number of Units in the Partnership held by all the Partners. (i) Transferee Partner. The term means any Partner who has acquired any portion of the interest in the Partnership from another Partner. (j) Treasury Regulations. References to "Treasury Regulations" are to the 2 regulations issued from time to time by the Internal Revenue Service interpreting or applying provisions of the Code. (k) Unit. Each Partner's interest in the Partnership shall be stated in terms of units of partnership interest. The term "Unit" shall refer to each item of allocation on the books of the Partnership of an interest in the Partnership to a Partner in exchange for contributions to the Partnership. Each Partner shall be allocated a proportionate number of Units for each dollar of cash and fair market value of property contributed to the Partnership. The number of Units allocated to the individuals who are the initial Partners is set forth in Schedule A attached hereto. ARTICLE III PARTNERSHIP PROPERTY 3.1. Property and Distributive Shares. Partnership real property, all improvements which may be placed or located thereon, and all other property acquired by the Partnership shall be owned by the Partnership. Each Partner shall own as personal property an interest in the Partnership equal to such Partner's Percentage Interest. 3.2. Legal Title. Legal title to Partnership property shall be held in the name of ZEEK PARTNERSHIP, LLLP. Without limiting the foregoing, the Managing Partner may arrange to have title taken and held in the names of trustees, nominees, or straw parties, for the benefit of the Partnership. If the Managing Partner elects to own property on behalf of the Partnership in a name other than the Partnership's name then, with respect to such property, the Partners shall cause to be placed in the Partnership books and records a written declaration of trust, executed by the trustee, nominee, or straw party, which acknowledges that the Partnership is the true and equitable owner of such property. ARTICLE IV CAPITAL CONTRIBUTIONS 4.1. Initial Capital Contributions. The initial capital to be contributed by each of the Partners shall be the sum of money or other property set forth opposite such Partners' name on Schedule A. Such sum or property is due thirty days after the time each Partner signs this Agreement. Each Partner shall be personally liable to the Partnership to contribute to the capital of the Partnership the full amount of their initial capital contribution. 4.2. Sale of Additional Limited Partnership Units. (a) Subject to the provisions of subsection (b) of this Section 4.2, the Partnership may offer and sell additional Limited Partnership Units at a price per Limited Partnership Unit determined by the Managing Partner, in compliance with an exemption from the registration requirements of the Securities Act of 1933, as amended, and applicable state securities laws. (b) Notwithstanding anything to the contrary contained herein, the Managing Partner shall have the sole authority to admit or refuse to admit as a Limited Partner any individual or entity desiring to purchase any additional Limited Partnership Units referred to in subsection (a) above. Each individual or entity that the Managing Partner determines to admit as a Limited Partner shall become a Limited Partner and be reflected as such on 3 the records of the Partnership at such time as such individual or entity, as the case may be, (i) makes the representations set forth in subsection (c) below to the Partnership, (ii) contributes to the Partnership the purchase price determined by Managing Partner under this subsection (b), and (iii) executes and delivers to the Managing Partner a Limited Partner's Signature Page in the form attached as Schedule B. (c) Each Limited Partner represents and warrants to, and agrees with, the Partnership as follows: (i) That the Limited Partnership Units are being acquired solely for investment and not with a view to the distribution thereof; (ii) That such Limited Partner understands that the Units have not been registered under the Securities Act of 1933 or the securities laws of any state ("State Acts"), and accordingly may not be sold, transferred, pledged, hypothecated or otherwise disposed of without either an effective registration statement under the Securities Act of 1933 and any applicable State Acts or an opinion of counsel satisfactory to the Partnership and its counsel that such registration is not required; provided that if the Managing Partner determines that an effective registration under all applicable federal and state securities laws is not required, the Managing Partner in its sole and absolute discretion may waive the requirements set forth in this subsection (c)(ii); and (Hi) That such Limited Partner shall indemnify and hold the Partnership harmless from and against all of the costs and expenses, including reasonable attorneys' fees incurred by the Partnership as a result of a breach of the provisions of this subsection (c) by such Limited Partner. 4.3. Sale of Additional General Partnership Units. (a) Subject to the provisions of subsection (b) of this Section 4.3, the Partnership may offer and sell additional General Partnership Units at a price per General Partnership Unit as determined by the Managing Partner. (b) Notwithstanding anything to the contrary contained herein, the Managing Partner shall have the sole authority to admit or refuse to admit as a General Partner any individual or entity desiring to purchase any additional General Partnership Units referred to in subsection (a) above. 4.4. Additional Capital Contributions and Capital Calls. The Partners may make additional voluntary capital contributions only with the consent of the Managing Partner. The Managing Partner may from time to time make one or more calls upon the Partners for additional capital contributions to the Partnership, in such amounts and for such partnership purposes as the Managing Partner may determine in the Managing Partner's sole and absolute discretion; provided, however, that each Partner shall only be obligated to contribute a pro rata share of any such capital call, such pro rata share to be determined by the Partners' relative Percentage Interests on the date such additional capital contribution is due. The Managing Partner shall deliver written notice to the Partners of a call for additional capital made pursuant to this Section, and shall specify in such notice the total amount of capital being called, each Partner's pro rata share thereof, the purposes for which such capital is being called and the capital call funding date. Any General Partner who fails to contribute such Partner's pro rata share of any call for additional capital made pursuant to this Section shall be in default, and the Partnership, the Managing Partner and the other Partners shall have any and all remedies available at law or in equity against such defaulting Partner. 4 4.5. Other Matters Relating to Capital Contributions. A loan by any Partner to the Partnership shall not be considered a capital contribution. No Partner shall have the right to demand or to receive the return of any part of such Partner's initial capital contribution to the Partnership or subsequent capital contributions to the Partnership. The General Partner shall not be liable to a Limited Partner for a return of such Limited Partner's capital contributions. No interest shall be paid to any Limited Partner on the initial capital contributions to the Partnership or on any subsequent capital contributions to the Partnership. ARTICLE V ALLOCATION OF PROFITS AND LOSSES 5.1 . Profit and Loss. Profits and losses and all items of credit for accounting and federal income tax purposes of the Partnership shall be allocated to the Partners in proportion to their respective Percentage Interests, unless a different allocation is required to comply with regulatory requirements for substantial economic effect, or unless an item is specially allocated pursuant to the terms of this Agreement or the decision of the Managing Partner. 5.2 Charitable Contributions. Charitable contributions made by the Partnership shall be specially allocated solely to the General Partners in the proportion that they own General Partnership Units, unless one or more Limited Partners consents to the charitable contribution. If one or more Limited Partners consents to the charitable contribution, the charitable contribution shall be specially allocated among the General Partners and the consenting Limited Partners in the proportion that all Units owned by each General Partner (or by each Limited Partner) bears to the total General and Limited Partnership Units of all General Partners and the consenting Limited Partners. 5.3. Partners of Record. All allocations to the Partners pursuant to this Article shall be made to the Partners of record according to the books and records of the Partnership. ARTICLE VI DISTRIBUTIONS 6.1 . Distributions of Cash Flow. Net Cash Flow shall be distributed at such times and in such amounts as the Managing Partner, in the sole discretion of the Managing Partner, shall determine, taking into account the reasonable business needs of the Partnership (including plans for expansion of the Partnership's business). The Managing Partner's determination regarding whether or not to make distributions and the amount of distributions to be made shall be final and binding. 6.2. Distributions Upon Liquidation of Partnership. Upon liquidation of the Partnership, the assets of the Partnership shall be distributed in the following order of priority: (a) to the payment of debts and liabilities of the Partnership (including amounts owed to Partners or former Partners); (b) to set up any reserves which the Managing Partner deems reasonably necessary for contingent or unforeseen liabilities or obligations of the Partnership arising out of or in connection with the business of the Partnership; 5 (c) pro rata to those Partners having positive Capital Account balances until such balance are reduced to zero; (d) if any Partner has a negative Capital Account balance that will not be restored, pro rata to the other Partners until their Capital Account balances are reduced to the largest negative Capital Account balance of such Partner; and (e) to the Partners in accordance with their respective Percentage Interests at the time of liquidation. 6.3. Miscellaneous. (a) All allocations and distributions to the Partners pursuant to this Article shall be made to the Partners according to the books and records of the Partnership. (b) If any single asset of the Partnership is distributed in kind to more than one of the Partners, the Partners shall own and hold the same as tenants in common. ARTICLE VII FISCAL MATTERS 7.1 . Fiscal Year. The fiscal year of the Partnership shall begin on January 1 and end on December 31 . 7.2. Books and Records. The Managing Partner shall keep or cause to be kept full and accurate books and records of all transactions of the Partnership in accordance with generally accepted accounting practices, consistently applied, on the cash or the accrual method of accounting, based on the advice of the Partnership's accountants as to which will be more advantageous for the Limited Partner. All of such books and records shall at all times be maintained at the principal office of the Partnership or, in the discretion of the Managing Partner, at such other office or place as shall be specified by written notice to the Partners, and shall be open during reasonable business hours for inspection and examination by the Limited Partner and his authorized representatives, each of whom shall have the right to make copies thereof. Absent extraordinary circumstances, inspection and examination by a Limited Partner shall be permitted no more than once per year. 7.3. Tax Returns. The Managing Partner shall, at the expense of the Partnership, prepare or cause to be prepared, for delivery to the Partners, all federal and any required state and local income tax returns for the Partnership for each fiscal year of the Partnership and, in connection therewith, shall make any available or necessary elections. The Managing Partner shall use its best efforts to cause such returns to be furnished to the Partners by March 15 of each year. In the event of an audit of the Partnership's income tax returns, the Managing Partner shall participate in, and retain at the expense of the Partnership accountants and other professionals to participate in, such audit and shall contest assertions by the auditing agent that may be materially adverse to the Partners or the Partnership. 7.4. Reports and Statements. The Managing Partner may cause to be delivered to each Partner such reports as may be, in the judgment of the Managing Partner, reasonably necessary for the Partners to be advised of the financial status and results of the operations of the Partnership. ARTICLE VIII 6 MANAGEMENT OF THE PARTNERSHIP AND RIGHTS, POWERS, AND OBLIGATIONS OF THE GENERAL PARTNER 8.1 . Appointment of Managing Partner. The overall management and control of the affairs of the Partnership shall be vested solely in one or more Managing Partners, who shall be General Partners. The initial Managing Partners shall be KENNETH A. WILLIAMSON and CONNIE S. WILLIAMSON who by their sole acts may bind the Partnership. If either of them for any reason fails or ceases to serve as Managing Partner, the other one of them shall continue to serve alone as Managing Partner. If both of them for any reason fail or cease to serve, the General Partner(s) shall select from among themselves one or more successor Managing Partners who shall be vested with the overall management and control of the Partnership, as long as they continue to be General Partners. References herein to the Managing Partner shall include the Managing Partner or Managing Partners serving from time to time, whether one or more are so serving. 8.2. Resignation of Managing Partner. The Managing Partner shall have the right to resign as Managing Partner at any time by delivering written notice of such resignation to each of the Partners a minimum of 30 days before the effective date of such resignation. If such 30 day minimum waiting period is waived by the Partners, then such resignation shall be effective on the date specified in the notice of resignation. 8.3. Authority and Third Party Reliance. The Managing Partner shall be solely responsible for the operation and management of the business of the Partnership and, except as otherwise provided in this Agreement, shall possess all rights and powers generally conferred by the Act on general partners or necessary, advisable, or consistent in connection therewith. No individual or legal entity dealing with the Partnership shall be required to inquire of, or obtain any consent or other documentation as to, the authority of the Managing Partner to take any such action or to exercise any such rights or powers. 8.4. Illustrative Rights and Powers. In addition to any other rights and powers provided by the Act or this Agreement, and subject to the limitations set forth below, the Managing Partner shall have all the specific rights and powers required by or appropriate to the operation and management of the business of the Partnership which, by way of illustration, but not by way of limitation, shall include the right and power: (a) to sell, lease, or contribute to charity the property and other assets of the Partnership on behalf of the Partnership on such terms as determined in the sole discretion of the Managing Partner, and to do all things necessary or advisable in connection therewith; (b) to employ, retain, or otherwise secure or enter into contracts with individuals or entities to assist in the purchase, management, lease and sale of the property and assets of the Partnership, including, but not limited to, attorneys and accountants, all on such terms and conditions as may in the sole discretion of the Managing Partner be deemed advisable; (c) to borrow money on behalf of the Partnership from such entities or financial institutions as may be deemed appropriate and to use the proceeds thereof for any Partnership purpose, and, in that regard, to execute such notes, loan agreements, deeds of trust, security agreements, certificates, affidavits, guarantees and related instruments as may be required in connection therewith; 7 (d) to serve as the tax matters partner for the Partnership pursuant to Section 6231(a)(7) of the Code; (e) to deposit any Partnership funds in an account or accounts to be established at such time or times, in such financial institutions (including any state or federally chartered bank or savings and loan association) and to authorize withdrawals of such funds by such persons, at such times and in such amounts as the Managing Partner may designate; and (f) to take any and all action which is permitted under the Act and which is customary or reasonably related to the acquisition (on margin or otherwise), ownership, voting, management, and disposition of securities. 8.5. Limitations on Rights and Powers. The Managing Partner shall not be empowered on behalf of the Partnership, without the affirmative vote of One Hundred percent (100%) of the Percentage Interests of all the Partners, to do any of the following: (a) admit or remove any individual or legal entity as a Partner of the Partnership; (b) dissolve and wind up the Partnership; (c) confess a judgment against the Partnership; or (d) act in any manner which would violate or result in a violation of this Agreement. 8.6. Obligations of the Managing Partner. The Managing Partner shall manage the Partnership's affairs in a prudent and businesslike manner, to the best of the Managing Partner's ability, shall make all business decisions, including, but not limited to, distributions from the Partnership to the Partners, in good faith and in the exercise of a bona fide business judgment, and shall operate the Partnership's business for the benefit of all Partners. 8.7. Operating Reserve. The Managing Partner may maintain a cash reserve for operating or administrative expenses of the Partnership. 8.8. Payment of Costs and Expenses. The Partnership shall be responsible for paying all costs and expenses of forming and continuing the Partnership, owning and managing the property and other assets of the Partnership, and conducting the business of the Partnership, including, without limitation, payment of taxes (other than income taxes of the Partners), accounting and legal expenses, and supplies. In the event any such costs and expenses are or have been paid by the Managing Partner on behalf of the Partnership, the Managing Partner shall be entitled to be reimbursed for such expenditures so long as they were reasonably necessary and reasonable in amount. 8.9. Competition With Partnership. The authority of the Managing Partner to take any action required or permitted under the provisions of this Agreement shall in all respects be exercised in such Managing Partner's absolute discretion. The Managing Partner shall be required to devote only such time to the performance of the duties and obligations hereunder as the Managing Partner, in the sole and absolute discretion of the Managing Partner, determines to be necessary or advisable. The Managing Partner may have other business interests and may engage in other activities, in addition to those relating to the Partnership, including but not limited to the making of other investments and serving as general partner of partnerships engaged in activities similar or identical to those engaged in by the Partnership. The pursuit of such ventures, even if competitive with the business of the Partnership, shall not be deemed wrongful or improper. 8 8.10. Compensation. The Managing Partner may be paid reasonable compensation for services rendered pursuant to this Agreement. 8.11 . Liability and Indemnification. The Managing Partner shall not be liable, responsible, or accountable in damages or otherwise to any other Partner for any act or omission under the provisions of this Agreement, unless such act or omission constitutes intentional misconduct or gross negligence. To the fullest extent permitted by law, the Managing Partner shall be indemnified and held harmless by the Partnership from and against any and all losses, claims, liabilities, damages, costs, judgments, fines, settlements and other expenses (including reasonable attorneys' fees) suffered or incurred by the Managing Partner or claims instituted against it in connection with the performance of the duties and obligations hereunder, unless based upon an act or omission that constitutes intentional misconduct or gross negligence. 8.12. Majority Vote. If at any time there are more than two General Partners acting as Managing Partners, a majority vote shall control in all decisions. ARTICLE IX RIGHTS POWERS AND OBLIGATIONS OF THE LIMITED PARTNER 9.1 . Limitation of Liability. No Limited Partner shall be bound by, or personally liable for, any obligations or liabilities of the Partnership beyond the amount of such Partner's capital contribution, and no Limited Partner shall be required to contribute any capital to the Partnership in excess of its initial capital contribution. 9.2. Management. No Limited Partner shall participate in the operation or management of the business of the Partnership, or transact any business for or in the name of the Partnership, and no Limited Partner, as such, shall have any right or power to sign for or bind the Partnership in any manner. The right of a Limited Partner to consent to and vote on certain matters under the provisions of this Agreement shall not be deemed to be participation in the operation and management of the business of the Partnership or the exercise of control of the Partnership's affairs. 9.3. Voting. Each Limited Partner shall have the right to vote such Partner's Limited Partnership Units. 9.4. Consents. Any action requiring the consent or approval of a Limited Partner under the provisions of the Act or this Agreement shall be taken only if the consent or approval of the requisite number of Limited Partners is evidenced by written instruments executed by such Limited Partners or by a person or persons representing such Limited Partners through a power of attorney from them. 9.5 General Partner's Ownership of Limited Partnership Units. In the event that a General Partner shall own any Limited Partnership Units, that General Partner shall in all respects be treated as a Limited Partner with respect to the Limited Partnership Units owned by that General Partner. 9.6. Conversion from Limited to General Partner. With the unanimous consent of all Partners, the interest of a Limited Partner may be converted into the interest of a General Partner. In the event of such a conversion, the Limited Partner shall cease to be a Limited Partner and shall become solely a General Partner of the Partnership if all of such Partner's interest as a Limited Partner is so converted, but shall become a General 9 Partner and remain a Limited Partner if only a portion of such Partner's interest is so converted. ARTICLE X RESTRICTIONS ON ASSIGNMENTS AND TRANSFERS 10.1. Right to Transfer General Partnership Interests. The interests of a General Partner are represented by General Partnership Units. Partnership Units held by a General Partner shall not be transferred except in accordance with the terms of this Agreement. A "transfer" for this purpose includes, but is not limited to, a sale, exchange, hypothecation, assignment, collateral assignment, or grant of a security interest in the General Partnership Unit. (a) Permitted Transfers. A General Partner may transfer such Partner's General Partnership Units to one who is a General Partner at the time of the transfer. The transferee shall be a "Permitted General Partner Transferee." (b) Approved Transfers. A General Partner may not transfer General Partnership Units to one who is not a General Partner at the time of the transfer without the unanimous consent of all other General Partners, if any, and the consent of the Limited Partners holding a majority of the Limited Partnership Units. The transferee shall be an "Approved General Partner Transferee." 10.2. Rights of Transferees. The General Partnership Units transferred to a Permitted General Partner Transferee shall be added to the other General Partnership Units owned by such Permitted General Partner Transferee and carry the same rights as such other General Partnership Units. An Approved General Partner Transferee shall only have the rights of an assignee of a partnership interest as provided by C.R.S. §7-62- 702, unless otherwise provided by unanimous vote of the other General Partners, if any, and the vote of the Limited Partners holding a majority of the Limited Partnership Units. 10.3 Right to Transfer Limited Partnership Interests. The interests of a Limited Partner are represented by Limited Partnership Units. Partnership Units held by a Limited Partner shall not be transferred except in accordance with the terms of this Agreement. A "transfer" for this purpose includes, but is not limited to, a sale, exchange, hypothecation, assignment, collateral assignment, or grant of a security interest in the Limited Partnership Unit. (a) Permitted Transfers. A Limited Partner may transfer such Partner's Limited Partnership Units to one who is a Partner at the time of the transfer. The transferee shall be a "Permitted Limited Partner Transferee." (b) Approved Transfers. A Limited Partner may not transfer such Partner's Limited Partnership Units to one who is not a Partner at the time of the transfer, except with the consent of the General Partners holding a majority of General Partnership Units. The transferee shall be an "Approved Limited Partner Transferee." 10.4 Rights of Transferees. The Limited Partnership Units transferred to a Permitted Limited Partner Transferee shall be added to the other Limited Partnership Units, if any, owned by such Permitted Limited Partner Transferee and carry the same rights as such other Limited Partnership Units. If the Permitted Limited Partner Transferee was not a Limited Partner at the time of the transfer, the Permitted Limited Partner Transferee shall, to the extent of the transfer, become a Limited Partner. An 10 Approved Limited Partner Transferee shall only have the rights of an assignee of a partnership interest as provided by C.R.S. §7-62-702, unless otherwise provided by majority vote of the General Partners. Consent to admission of the Approved Limited Partner Transferee as a Limited Partner shall be subject to such requirements as the General Partners may impose. ARTICLE XI REMOVAL OF GENERAL PARTNER; EFFECT OF CONTINUATION OF PARTNERSHIP UPON WITHDRAWAL OF GENERAL PARTNER 11.1. Removal of General Partner. A General Partner may be removed from the position of General Partner for misconduct, gross negligence in the affairs of the Partnership, inattention to the business of the Partnership, or for other similar good cause shown, upon the affirmative vote of the Partners holding seventy five per cent (75%) of the Units (General and Limited), excluding the Units held by the General Partner sought to be removed. Notwithstanding the preceding sentence, a General Partner who holds more than fifty per cent (50%) of the total Units of the Partnership may not be so removed, and neither Kenneth A. Williamson nor Connie S. Williamson may be removed. A removed General Partner shall have no authority to act for the Partnership and all rights associated with ownership of his or her General Partnership Units shall be limited to the rights of an assignee of a partnership interest as provided by C.R.S. §7-62-702. 11.2. Continuation of Partnership. Upon the occurrence of any "event of withdrawal" of a General Partner (as defined in C.R.S. §7-62-402), the business of the Partnership shall be continued by the remaining General Partners, if any. Upon the occurrence of any "event of withdrawal" of the sole remaining General Partner, the Partnership shall not be dissolved, but the business of the Partnership shall be continued by a substitute General Partner as a continuing Limited Partnership bound by the terms hereof, except if Partners holding a majority of the Units consent in writing to dissolution of the Partnership within ninety days after the event of withdrawal. The continuing Limited Partnership shall automatically, and without further assent or act of the Limited Partners, succeed to all of the assets of the Partnership. If the Partnership is not dissolved by majority consent, the Partners holding a majority of the Units may admit one or more substitute General Partners. If such Partners fail to act within a reasonable time, the District Court for the county in which the Partnership's registered agent is located shall, upon the application of any Partner, admit one or more substitute General Partners. Such court may appoint a custodian to manage the business of the Partnership during the pendency of the proceedings. Any person admitted as a substitute General Partner must be a Partner at the time of admission. ARTICLE XII EVENT OF WITHDRAWAL OF GENERAL PARTNER; DEATH, INCAPACITY OR BANKRUPTCY OF A LIMITED PARTNER 12.1 Transfer of Partnership Units. Subject to the purchase right held by the Partnership (as described in Partnership Purchase Right Article, below), upon the occurrence of any "event of withdrawal" of a General Partner as defined by C.R.S. §7-62- 11 402 or the death, incapacity, bankruptcy or other event causing an involuntary transfer of the interest of a Limited Partner, the Partnership Units of such Partner shall transfer to such Partner's heirs, legatees, successors, trustees, receivers, or other legal representatives, but the rights of such successors shall be limited to the rights of an assignee of a partnership interest under the Act, unless such successors qualify as Permitted General or Permitted Limited Partner Transferees at the time of the transfer. 12.2. Payment or Distribution upon Withdrawal. Under this Agreement, no Partner is entitled to receive the fair value of such Partner's partnership interest upon withdrawal from the Partnership (whether in accordance with or in breach of this Agreement) or upon any other event except a dissolution and winding up of the Partnership, regardless of the provisions of C.R.S. §7-62-604, any similar statute, or any judicial decision. Each partner waives the right to bring an action for partition of the Partnership or any property owned by the Partnership. ARTICLE XIII PARTNERSHIP PURCHASE RIGHT 13.1 . General. During the period commencing on the date the Partnership becomes aware of, or has notice of, any potential or actual transfer of a Partnership Unit not prohibited by this Agreement and ending 60 days after the later to occur of (i) the actual transfer or (ii) the date the Partnership receives written notice from the transferor or transferee of the potential or actual transfer, the Partnership shall have the right ("purchase right"), but not the obligation, to purchase from the transferor (or transferee if the transfer has already occurred) any Partnership Unit involved in the potential or actual transfer ("Transferred Partnership Unit"), unless the transferee at the time of the transfer is a Permitted General Partner Transferee, an Approved General Partner Transferee, a Permitted Limited Partner Transferee, or an Approved Limited Partner Transferee. The vote of the Partners holding a majority of the Partnership Units (excluding the vote of the Partner who is a transferor of the Transferred Partnership Unit) shall be required to exercise the Partnership's right to purchase. For purposes of this provision, "transfer" includes, but is not limited to, an assignment or transfer occurring due to an "event of withdrawal" of a General Partner, or an assignment or transfer occurring due to death, incapacity, bankruptcy, or by operation of law. 13.2 Retroactive Effect. If the Partnership exercises its right to purchase the Transferred Partnership Unit, then: (a) if the transfer has occurred, the effective date of the purchase ("Purchase Date") shall be retroactive to the date of the transfer, or, if the transfer has not occurred, shall be set by agreement of the Partnership and the transferor (but not later than the date of transfer); (b) if the transfer has occurred, any action taken by the transferee with respect to the Transferred Partnership Unit shall be void; and (c) if the transfer has occurred, the transferee shall have no right to receive any distribution or other benefit from the Partnership other than payment of the purchase price. 13.3 Terms of Purchase Under Purchase Right. (a) Price. The purchase price to the Partnership shall be the lesser of (i) fair 12 market value on the Purchase Date, where "fair market value" is the price at which the Partnership Unit would change hands between a hypothetical willing buyer and willing seller, neither being under any compulsion to buy or to sell, and both having reasonable knowledge of relevant facts, provided, however, that in no case shall such price exceed sixty percent (60%) of the net asset value of the Partnership assets, excluding the value, if any, of goodwill; or (ii) the proposed price included in a bona fide offer, where "bona fide offer" is an offer in writing, signed by the offeror, who must be a person or entity financially capable of carrying out the terms of the offer, in a form legally enforceable against the offeror, and binding the offeror to assume all of the obligations and undertakings of the offeree in accordance with the terms of this Agreement. The purchase price, once determined under the preceding sentence, shall be reduced by reasonable costs, including attorneys fees, to the Partnership associated with any valuation, and the preparation, execution, and registration of all pertinent documents. (b) Additional Terms. Whenever the Partnership exercises its right to purchase a Transferred Partnership Unit, the Partnership shall pay for that interest, at its option, in cash or by promissory note of the Partnership, or partly in cash and partly by promissory note. Any promissory note shall be dated as of the Purchase Date, shall mature in not more than ten years, shall be payable in installments that come due not less frequently than annually, shall bear interest at a rate equal to the federal long-term rate determined under Internal Revenue Code §1274(d) for the month including the Purchase Date, and may, at the Partnership's option, be subordinated to existing and future debts to banks and other institutional lenders for money borrowed. • ARTICLE XIV CAPITAL ACCOUNTS 14.1 Capital Account Maintenance. (a) Compliance with Code. The manner in which Capital Accounts are to be maintained is intended to comply with, among other Subchapter K Code and Treasury Regulations, the requirements of Section 704(b) of the Code and the Treasury Regulations promulgated thereunder, and they shall be determined and maintained in a manner consistent with Section 704(b) and such Treasury Regulations at all times throughout the full term of the Partnership. (b) Regulatory Allocations. The following provisions are intended to comply with certain regulatory requirements for allocations set forth in Section 704(b) of the Code. It is the intent and understanding of the parties that the allocations required by this subsection (b) are primarily timing issues and that such allocations will be offset by future, offsetting allocations pursuant to this subsection (b). (i) Limitation. Notwithstanding anything in this subsection (b) to the contrary, items of loss and deduction allocated to any Partner pursuant to this subsection (b) with respect to any taxable year shall not exceed the maximum amount of such items that can be so allocated to such Partner without causing such Partner to have a deficit balance in its Capital Account in excess of the amount of such Partner's obligation, if any, to restore such deficit capital account, computed in accordance with the rules of Section 1.704-1(b)(2)(ii)(d) of the Treasury Regulations. Any such items of loss or deduction in excess of the limitation set forth in the preceding sentence shall be allocated to those Partners who would not be subject to such limitation, proportionately in accordance with 13 their Percentage Interests. (ii) Minimum Gain Chargeback. Notwithstanding anything to the contrary in this subsection (b), if there is a net decrease in "minimum gain" or "partner nonrecourse debt minimum gain" (as such terms are defined in Sections 1 .704-2(b) and 1.704-2(i)(2) of the Treasury Regulations) during a taxable period of the Company, then each Partner shall be allocated items of income and gain for such year (and, if necessary, for subsequent years) in the manner provided in Section 1 .704-2 of the Treasury Regulations. (iii) Qualified Income Offset. Subject to the provisions of subsection (b)(ii), but otherwise notwithstanding anything to the contrary in this subsection (b), if any Partner's Capital Account has a deficit balance in excess of such Partner's obligation to restore its Capital Account balance, computed in accordance with the rules of paragraph (b)(2)(ii)(d) of Section 1 .704-1 of the Treasury Regulations, then sufficient amounts of income and gain (consisting of a pro rata portion of each item of Partnership income, including gross income, and gain for such year) shall be allocated to such Partner in an amount and manner sufficient to eliminate such deficit as quickly as possible. (iv) Nonrecourse Debt. Items of deduction and loss attributable to "partner nonrecourse debt" within the meaning of Section 1.704-2(b)(4) of the Treasury Regulations shall be allocated to the Partners bearing the economic risk of loss with respect to such debt in accordance with Section 1.7040-20)(1) of the Treasury Regulations. Items of deduction and loss attributable to "nonrecourse debt" of the Company within the meaning of Section 1 .752-2 of the Treasury Regulations shall be allocated to the Partners in proportion to their respective Percentage Interests. (v) Effect of Special Allocations on Subsequent Allocations. Any special allocation pursuant to subsections (b)(i) and (b)(iii) hereof shall be taken into account in computing subsequent allocations of income and gain pursuant to this subsection (b) so that the net amount of all such allocations to each Partner shall, to the extent possible, be equal to the net amount that would have been allocated to each such Partner pursuant to the provisions of this subsection (b) if such special allocations had not occurred. It is anticipated that all allocations pursuant to subsection (b)(iv) will be offset by allocations pursuant to subsection (b)(ii) hereof. To the extent that any amount allocated pursuant to subsection (b)(iv) hereof is unlikely to be offset by a countervailing allocation of income from subsection (b)(ii) hereof, then so much of such allocation that is unlikely to be offset shall also be taken into account in computing subsequent allocations of income and gain so that the net amount of all such allocations shall, to the extent possible, equal the net amount that would be allocated to such Partner in the absence of such special allocation. 14.2 Restoration of Negative Capital Accounts. Upon liquidation of Partnership, after all distributions pursuant to this Agreement have been made and all allocations pursuant to this Agreement have been made, any General Partner with a deficit balance in its capital account shall restore the amount of such deficit to Partnership in cash (or in property of equivalent value to the Partnership) for payment to creditors or to Partners with positive capital account balances. This covenant is for the exclusive benefit of the parties to this Agreement and may not be enforced by any creditor of Partnership or any third party. If any Limited Partner has a deficit balance in such Limited Partner's Capital Account, such Limited Partner shall have no obligation to restore such negative balance or to make any capital contribution to the capital of the Partnership by reason thereof, and such negative balance shall not be considered an asset of the Partnership or of any 14 Partner. ARTICLE XIV MISCELLANEOUS 15.1. Amendments. The holders of a majority of the General Partnership Units may, by an instrument in writing, amend any of the provisions hereof; provided, however, that no amendment to this Agreement affecting economic allocations or distributions shall be effective without the prior written approval of all Partners; and provided further, however, that no amendment to this Agreement affecting the liability or obligations of any Partner to the Partnership or the other Partners shall be effective without the prior written approval of the Partner or Partners so affected. 15.2. Other Business Opportunities. Any Partner may engage in or possess an interest in other business ventures of every nature and description, independently or with others, including, without limitation, the investment in or the ownership of any securities. Neither the Partnership nor any of the Partners shall have any right by virtue of this Agreement in and to such independent ventures or to the income or property derived therefrom or to claim that such other activities of any Partner constitute an opportunity which should have been offered to this Partnership. 15.3. Partition. No Partner shall be entitled to a partition of the property or assets of the Partnership, notwithstanding any provision of law to the contrary. 15.4. Mailing of Partnership Information. The Managing Partner shall be entitled to use the names and addresses of the Partners on the books and records of the Partnership for purposes of establishing the right to receive and of mailing any notices, reports, documents, other instruments, and distributions to the Partners pursuant to the provisions of this Agreement until such time as the Managing Partner is notified in writing of any change to any such name or address. 15.5. Notices. Any notice required or permitted to be delivered to any Partner under the provisions of this Agreement shall be in writing and shall be deemed delivered, whether actually received or not, when deposited in a United States Postal Service depository, postage prepaid, and addressed to the Partner at the address specified in the Partnership records, or such other address as shall be specified by notice delivered to all Partners. A copy of any notice to any Limited Partner shall also be delivered to the Managing Partner. 15.6. Provisions Severable. Every provision of this Agreement is intended to be severable, and if any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the legality or validity of the remainder of this Agreement. 15.7. Counterparts. This Agreement and any amendments hereto may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute but one and the same instrument. 15.8. Headings. The headings of the various sections of this Agreement are intended solely for convenience of reference, and shall not be deemed or construed to explain, modify, or place any construction upon the provisions hereof. 15.9. Successors and Assigns. This Agreement and any amendments hereto shall be binding upon and, to the extent expressly permitted by the provisions hereof, shall 15 inure to the benefit of the Partners, their respective heirs, legal representatives, successors, and assigns. 15.10. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. This Agreement shall be performable, and venue of any action relating hereto shall lie, in Boulder County, Colorado, 15.11 . Power of Attorney. (a) By the execution of this Agreement, or a counterpart hereof, each Partner irrevocably constitutes and appoints the Managing Partner such Partner's true and lawful attorney-in-fact and agent to effectuate, with full power and authority to act in such Partner's name, place, and stead in effectuating the purposes of the Partnership, including the execution, acknowledgment, delivery, filing, and recording of all certificates, documents, conveyances, leases, contracts, loan documents, or counterparts thereof, and all other documents which the Managing Partner deems necessary or reasonably appropriate to do any of the following: (i) organize or qualify the Partnership as a limited partnership (or a partnership in which special partners have limited liability); (ii) reflect an amendment to this Agreement or the Partnership's certificate of limited partnership or certificate of assumed name required by a change in the name of the Partnership, a change in the principal place of business or principal office of the Partnership, a change in the address of any partner, or the admission of any individual or legal entity to the Partnership, if such admission is in compliance with the applicable provisions of the Agreement; (Hi) accomplish the purposes and carry out the powers of the Partnership as set forth herein; and (iv) reflect the dissolution and termination of the Partnership if such dissolution and termination is in compliance with the applicable provisions of the Agreement. (b) The power of attorney granted herein: (i) shall be deemed to be coupled with an interest, shall be irrevocable and shall survive the death, incompetency, or legal disability of a Partner; (H) may be exercised by the Managing Partner (and its successors and assigns) for each Partner, or any or all of them, by listing all, or any, of the Partners required to execute any such instrument, and executing such instrument as attorney-in- fact for all, or any one, of said Partners; and (Hi) shall be binding upon any transferee of a Partner hereunder, or any portion thereof, except that where a transferee of a Partner has been approved by the General Partner for admission to the Partnership or is otherwise qualified as a substituted Partner, the power of attorney shall survive the delivery of such partnership interest for the sole purpose of enabling the Managing Partner, to execute, acknowledge, and file any instrument on behalf of the transferor of the Partnership interest necessary to effect such substitution. 15.12. General Partner Vote Required for Certain Transactions. Unless otherwise provided in this Agreement, the affirmative vote of One Hundred percent (100%) of the Percentage Interests of all General Partners shall be required on the following matters: 16 (a) establishing the fair market value of capital contributions; (b) establishing the fair market value of distributions; (c) contributing to charities property of the partnership; and (d) distributing of property other than to all Partners in proportion to their Partnership Interests. 15.19. Gender and Number. Unless the context requires otherwise, the use of a masculine pronoun includes the feminine and the neuter, and vice versa, and the use of the singular includes the plural, and vice versa. IN WITNESS WHEREOF, the Partners have each signed this Agreement on the dates next to their signatures to be effective as of June 15, 1994. GENERAL PARTNERS: / fr.,/.G./ !J /{..-ie ill „,, s) - ! .2, c 'i4 ./ -,</c_4',/{, ter, 1:!: ;� KENNETH A. WILLIAMSON CONNIE S. WILLIAMSON LIMITED PARTNERS: ! �.llE,l i'/�(c 2 wu � vim, X' ;;%/�, ,KENNETH A. WILLIAMSON CONNIE S. WILLIAMSON TONY R. WILLIAMSON TAMMY'S. FRIYCH `JAM,. 5, Z i` TERI L. SCHULZ TONYA JO E E 17 SCHEDULE A General Partners Initial Capital Number of Units Contribution KENNETH A. WILLIAMSON $23.90 239 14504 1-25 Frontage Road Longmont, CO 80504 CONNIE S. WILLIAMSON 23.90 239 14504 1-25 Frontage Road Longmont, CO 80504 Limited Partners KENNETH A. WILLIAMSON $23.90 239 145041-25 Frontage Road Longmont, CO 80504 CONNIE S. WILLIAMSON 23.90 239 14504 I-25 Frontage Road Longmont, CO 80504 TONY R. WILLIAMSON $226.10 2,261 2138 North Shore Drive Longmont, CO 80503 TAMMY S. FRITCH 226.10 2,261 4903 Single Tree Drive Loveland, CO 80537 TERI L. SCHULZ 226.10 2,261 837 Glenarbor Circle Longmont, CO 80501 TONYA JO PELLETT 226.10 2,261 2560 Wimbleton Court Colorado Springs, CO 80920 I$ EMERGENCY CONTACT INFORMATION PLEASE TYPE OR PRINT Business Name: Z e_e Poor ev51..P Z i-"l'ACI Phone: 510 - 53S S - (0 014 14 Address: 4-0 (.o C vane Cr, t. ov.gvnov\ CD gjoSO4— BusinessOwner.Kest-v^e\-� Phone: '10" -3S(a — S3 SS Home Address: City: List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE —ra •rc1s e 303-3Slo- SSW.° Jev^r� ke Ac9 303-3S6 — (n57 ( et \`-a Sr—L"-A\ 303.3 S8 - 1530 Business Hours: S - 5 Days: N\ — F Type of Alarm: None Burglar Holdup Fire Silent Audible Name and address of alarm company: Location of Safe: 14 1 R MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building:_ Location(s): v\ e\2 SA-o ro. 2 lx V \ c 5 . Is alcohol stored in building? Location(s): Are drugs stored in building? N o Location(s): Are weapons stored in building? NC o Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. )S Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: CAA t 1\ ;De Gas shut off: H ///-C Exterior water shutoff: 111 14 /a Interior water shutoff: I-1 / Pt -5- Gas shut off: _ N (S. Exterior water shutoff: i'l IA Interior water shutoff: _ N /A WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File #: Date: RE # : _ Other Case #:____ 1. Applicant Name 7ee kt po.r1cv,evsIA\e . ejj-/ Phone 970 53S - (o074— Address 4-o Q5 COSY\QAO IC ('r . City Lovvv\ov �- State Co Zip �OSO4 2. Address or Location of Access )) Section 13 Township 3 N . Range (v$ Cc-I• Subdivision -9(-- Block I Lot G) Weld County Rpad #: Side of Road Distance from nearest intersection °vOO 1<yaema cher $)„S\vvcs5 Par lz {'U.O. 3. Is there an existing access to the property? Yes X No # of Accesses 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial s ❑ Temporary ❑ Subdivision ❑ Commercial 1'i Other b\NA S� o`rQ1t- 5. Site Sketch Legend for Access Description: J C.AG = Agricultural W C e. 31 ` S�k�� RES = Residential D.R. = Oil hGas � ,Al DR. = Ditch Road Coca-��ov` O = House O = Shed r o•F Access o N A = Proposed Access -- ` 0• A = Existing Access (0 Cvvt{e- 0 3 NiF, *************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient -6- Gas shut off: N r 14 Exterior water shutoff: PI /A Interior water shutoff: N /A WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File #: Date: RE # : Other Case #: 1. Applicant Name 7eeIR o,vlcv‘evsL\(� , at/ Phone 970- 53'5 - 10O7 4'' Address 4-o(05 CAw1e,ot Cr . CityLov,gvv�ov.}' State Co Zip ';30604 2. Address or Location of Access )> Section 13 Township 3 hl . Range (cg W. Subdivision -I(- Block I Lot_ of Weld County Rpad #: Side of Road Distance from nearest intersection 300' 3e. 1Lgaevro.c`r‘er i u..S\IAcs5 ParK i-U.O. 3. Is there an existing access to the property? Yes X No # of Accesses 4. Proposed Use: ❑ Permanent ❑ ResidentiaVAgricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial g Other t 'C LA Sit"ov-O.1G a+•**ta*t••**<t+***r.++•a+a+**w*********t**+a-***********:***r.wt*+*****rr.*rta***********x*xwr.r**♦ x*ew+newt*• 5. Site Sketch Legend for Access Description: P of1,� C � AG = Agricultural W C 2. 3 Z, S - RES = Residential ....i O&G = Oil &Gas D.R. = Ditch Road �.\h 0 = House Loco ov O = Shed r✓ e-c AccessCI A = Proposed Access \; in ta • = Existing Access lL CQYhe.i04 Cf LO C\ CIe- U 3 Nira H wtwwwttwwtttttwwttttwwtttttwwwwwwttwwww OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient -6- Feb 27 06 11: 55a Phillip D Barber P C 7209045755 p. 2 SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is entered into and made effective this day of February, 2006, by and between Kerr-McGee Rocky Mountain LLC ("KMRMC"), a Colorado limited liability company, and Zeek Partnership, LLLP, a Colorado limited liability limited partnership ("Surface Owner"). KMRMC and Surface Owner may be referred to herein individually as a "Party", or collectively as the "Parties." Recitals A. Surface Owner owns or has the exclusive right to purchase the surface estate of that certain tract of land more particularly described on Exhibit "A" attached hereto, being a portion of the NW/4 of Section 23 Township 3 North, Range 68 West, Weld County, Colorado (hereinafter referred to as the "Property"); B. Surface ownership of the Property is subject to the rights of the oil and gas leasehold estate, all or a portion of which is owned by KMRMC; C. Surface Owner plans to develop the surface of the Property as a commercial and industrial subdivision known as "I-25 Business Park"; D. KMRMC has the right, under that certain Oil and Gas Lease dated November 16, 1970 and recorded with the Weld County Clerk and Recorder at Reception No. 1559059, to develop its oil and gas leasehold estate under the Property by drilling wells on the Property (the "Wells"); and E. This Agreement sets forth the Parties' rights and obligations regarding the relationship between the development of the Property by Surface Owner and KMRMC's development and operation of its oil and gas leasehold estate, such rights and obligations to be binding upon the Parties' successors and assigns. Agreement In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Well Locations. a. Oil and Gas Operations Areas. KMRMC agrees to limit its oil and gas operations conducted in connection with the Wells, including, but not limited to, lease operating activities, workovers, drilling, deepenings, and fracturing, to those access routes and locations identified on Exhibit "B"; the latter are referred to hereinafter as the "Oil and Gas Operations Areas." KMRMC shall use only the Oil and Gas Operations Areas to drill both vertically and directionally to the legal bottomhole well locations shown on Exhibit B-1. KMRMC shall have the right to drill future Wells within the Oil and Gas Operations Areas, including twinned wells, Feb 27 06 11 : 56a Phillip D Barber P C 7209045755 p. 3 vertical wells and horizontal and directional wells that produce from and drain the Property as well as lands which are pooled or communitized with the Property. b. Consideration. As consideration for KMRMC's agreement to confine itself to the Oil and Gas Operations Areas and drill directionally, and its relinquishment of the right to use the surface outside of the Oil and Gas Operations Areas, and to defray the additional cost and risk of directional drilling, Surface Owner shall pay KMRMC the sum of$200,000. 2. Production Facilities. KMRMC shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably appropriate or convenient for the operation and production of any Wells, within the Oil and Gas Operations Areas and as shown on Exhibit B. 3. Access. Surface Owner shall provide to KMRMC with an easement for access to the Oil and Gas Operations Areas from Weld County Road 32, as shown on Exhibit "B" or as otherwise mutually agreed upon by the Parties. KMRMC is assured of uninterruped access to all of the Oil and Gas Operations Areas, and no access road may be closed to KMRMC until an acceptable replacement or alternate route is available for use. If a permit providing access from Weld County Road 32 cannot be obtained from the local government having authority, KMRMC may use the internal access road shown on Exhibit B, but shall place additional paving material on the road to cause it to be of sufficient strength to allow KMRMC to conduct its oil and gas operations, and to be able to withstand a minimum of 104,000 pounds and 26,000 pounds per axle. 4. Flowlines and Pipelines. Surface Owner shall provide to KMRMC all necessary easements to lay flowlines or pipelines to service Wells on the Property, at the locations shown on Exhibit B or such other locations as mutually agreed upon by the Parties. KMRMC shall have the right to maintain or replace any and all flowlines and pipelines constructed in connection with the Wells. All flowlines and pipeline easements shall be fifty feet during construction and thirty feet thereafter. KMRMC shall use commercially reasonable efforts to minimize the portion of such easements that burdens the Property, by locating them on or adjacent to public rights of way to the extent that the responsible government entity will allow. KMRMC shall locate its flowlines or pipelines at a depth of approximately 48 inches from the surface. The construction and burying of flowlines and pipelines shall be at the sole cost and expense of KMRMC or its gas purchaser. Should Surface Owner request any future or additional relocation of existing flowlines or pipelines, or request relocation of any flowlines or pipelines hereinafter constructed on the Property, and KMRMC agrees to such relocation, Surface Owner shall be responsible for any and all relocation costs. Surface Owner shall be entitled to reserve the right to grant easements to utility companies and Surface Owner and such utility companies shall be entitled to install, erect or construct and maintain within or across the flowline or pipeline easement areas utility lines for water, sewer, telephone, cable, electric and other utilities as may be reasonably required for development of the Property. Surface Owner agrees that, and will notify each utility company that, except in cases of emergency, KMRMC must be contacted at least ten business days prior to commencement of any trenching or digging activities within its easement area and that during the installation, maintenance and use of the utilities in any such easement area, Surface Owner or -2. Feb 27 06 11 : 56a Phillip D Barber P C 7209045755 p. 4 such utility company will not unreasonably interfere with KMRMC use and operation of its flowlines or pipelines. Surface Owner agrees that all utilities that are placed in the ground shall be placed horizontally a minimum of 10 feet from the centerline of KMRMC's flowlines or pipelines, and any such utilities that cross a KMRMC easement area shall be placed with a minimum clearance of 24 inches between KMRMC's flowlines or pipelines and such utility lines. Surface Owner shall maintain a minimum of 48 inches and not more than 72 inches of cover over all flowlines and pipelines during any of Surface Owner's operations or construction activities. 5. Impact Mitigation and Improvements. a. KMRMC Mitigation. KMRMC may install and maintain, at its sole cost and expense, fences, gates and locks if required by the Colorado Oil and Gas Conservation Commission ("COGCC") or if necessary or convenient for the security of any Wells or production facilities. In addition, KMRMC shall paint it production facilities, including wellhead guards, with paint that is approved by the COGCC. b. Surface Owner Mitigation. Surface Owner shall not inhibit KMRMC's operations within the Oil and Gas Operation Areas by landscaping or other improvements, unless otherwise agreed to in writing between Surface Owner and KIVIRMC. 6. Setback Requirements and Waivers. Surface Owner agrees that it will not plat any lot lines or locate any buildings or structures within the Oil and Gas Operations Areas. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Surface Owner hereby waives all setback requirements of COGCC Rule 603, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KMRMC or its successors and assigns, to explore for and produce oil and gas in accordance with this Agreement. Surface Owner understands that KMRMC may cite the waiver in this paragraph in order to obtain a location requirement exception or valiance under COGCC rules or from a local jurisdiction. 7. Drilling and Completion Operations. KMRMC shall provide notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or other operation on its Wells in accordance with the rules and regulations of the COGCC. KMRMC shall endeavor to diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Surface Owner waives any objections to continuous (i.e., 24-hour) drilling operations. 8. Surface Owner Notices. a. Notice of Construction Activites. Surface Owner shall provide KMRMC with ten days written notice prior to commencement of any dirtwork, grading or other surface construction activities on the Property. If requested by KMRMC, Surface Owner shall meet with KMRMC representatives at the Property to locate existing flowlines, gathering lines or pipelines -3. Feb 27 06 11 : 56a Phillip D Barber P C 7209045755 p. S and to coordinate proposed surface construction activities with current and prospective oil and gas operations. KMRMC has provided herewith a copy to Surface Owner of KMRMC's "General Guidelines for Design and Construction Activities On or Near Ken--McGee Gathering LLC and Kerr-McGee Rocky Mountain Corporation Pipelines and Related Facilities" (the "Guidelines"). Surface Owner acknowledges receipt of said Guidelines and agrees to abide by such Guidelines in connection with surface development activities in the Oil and Gas Operations Areas, and in any existing or future flowline or pipeline easement areas and to provide a copy of the Guidelines to its contractors. b. Notice to Future Surface Owners. Surface Owner shall furnish all buyers of the Property from Surface Owner with a plat or map showing the Oil and Gas Operation Areas and shall provide notice that: (1) There may be ongoing oil and gas operations and production in the Oil and Gas Operation Areas on the surface of the Property; (2) There may be additional Wells drilled and oil and gas operations in and production from the Oil and Gas Operations Areas; (3) Heavy equipment will be used by oil and gas interest owners from time to time for oil and gas drilling and production operations and that such operations may be conducted on a 24 hour basis; and (4) Future purchasers of all or a portion of the Property, as successors in interest to Surface Owner, will be bound by the covenants, waivers and obligations in this Agreement. 9. Governmental Proceedings. Surface Owner shall not oppose KMRMC in any agency or governmental proceedings, including but not limited to the COGCC, the county, local jurisdiction or other governing body proceedings, related to KMRMC's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that KMVIRMC's position in such proceedings is consistent with this Agreement. 10. Representations. Each Party represents that it has the full right and authority to enter into this Agreement. KMRMC represents that it owns 100% of the working interest in the leasehold estate underlying the Property; this Agreement shall only apply to and bind operations conducted by KMRMC, and its successors and assigns on the Property, in the capacity of operator. IL No Waiver of Rights. KMRMC does not waive its rights pursuant to its oil and gas leasehold interest to explore for, drill and produce the oil and gas on the Property or for ingress and egress to any Oil and Gas Operations Areas, except as specifically provided in this Agreement. 12. Successors and Assigns. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, devises, executors, administrators, successors and assigns; provided, as to KMRMC, successors and assigns shall be deemed to be limited to lessees under KMRMC's oil and gas leasehold estate. Feb 27 06 11 : 57a Phillip D Barber P C 7209045755 p. 6 13. Termination. This Agreement shall automatically terminate and be of no further force and effect at such time that KMRMC's oil and gas leasehold estate expires or is terminated, and KMRMC has plugged and abandoned all Wells owned all or in part by KMRMC and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup, COGCC rules and regulations and all other applicable provisions of the oil and gas leases and existing laws and regulations. At the request of Surface Owner, KMRMC shall execute and record such documents or instruments as Surface Owner shall reasonably request in order to evidence such termination. 14. Limitation of Liability, Release and Indemnity. a. No party shall be liable for, or be required to pay for, special, punitive, exemplary, incidental, consequential or indirect damages to any other party for activities undertaken within the scope of this agreement; b. Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 15 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement), each party shall be and remain responsible for its own liability for all losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; c. Upon the assignment or conveyance of a party's entire interest in the Property, or in the case of Surface Owner, its assignment of its entire interest in a platted lot on the Property, that party shall be released from its indemnification in Section14.b. above, for all actions or occurrences happening after such assignment or conveyance. d. If a Claim is asserted against a party for which the other party would be liable under the provisions of this Section 14, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. Feb 27 OS 11 : 57a Phillip D Barber P C 7209045755 P. 7 15. Environmental Indemnity. The provisions of Section 14 above, except for Section 14.a., shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 14.a. above: a. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629). c. Environmental Indemnification. KMRMC shall protect, indemnify, and hold harmless Surface Owner, homeowners association and any lot owner who purchases a lot from Surface Owner from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of KMRMC's ownership and operation of the Oil and Gas Operations Areas and its ownership and operation of its pipeline easement or rights-of-way on the Property. Surface Owner shall fully protect, defend, indemnify and hold harmless KMRMC from any and all Environmental Claims relating to the Property that arise out of Surface Owner's development of the Property. 16. Notice of Claim for Indemnifiaction. If a Claim is asserted against a party for which the other party would be liable under the provisions of Section 14 or 15 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 17. Notices. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, or sent via expedited delivery service, with proof of delivery, addressed as follows: -G- Feb 27 08 11 : 58a Phillip D Barber P C 7209045755 p. 8 If to KMRMC: Kerr-McGee Rocky Mountain LLC 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Director of Lands Denver Basin If to Surface Owner: Zeck Partnership LLLP 4075 CAMELOT CIRCLE Longmont, CO 80504 Attention: Managing Partner Zeek Partnership LLLP PO Box 10 Mead, CO 80542 Attention: Managing Partner Any Party may, by written notice so delivered to the other Parties, change the address or individual to which delivery shall thereafter be made. 18. Recording. This Agreement shall be recorded by KMRMC, which shall provide Surface Owner with a copy showing the recording information as soon as practicable thereafter. 19. Waiver of Surface Damages. Surface Owner hereby waives all surface damage payments pursuant to any COGCC or local regulation, state statue, common law or prior agreement for each and every well and related wellsite that is drilled in an Oil and Gas Operations Area and for each production facility, access road or flowline easement. KMRMC may provide a copy of this Agreement to the COGCC or to any local jurisdiction, person or entity or any court of law as evidence of this waiver. Except for the Oil and Gas Operations Areas, access roads and all easements associated with Bowlines, gathering lines and pipelines as provided in this Agreement, KMRMC shall not use or occupy any other portion of the surface of the Property, except in the event of an emergency or for reasonable incidental, temporary and non-damaging activities, and KIMIRMC will be responsible for any damages that may occur as a result of its activities on such other portions of the surface of the Property. 20. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provisions. 21. Entire Agreement. This Agreement sets forth the entire understanding among the Parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all Parties. Feb 27 06 11 : 58a Phillip D Barber P C 7209045755 p. 9 22. Counterpart Execution. This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument. The Parties have executed this Agreement on the day and year first above written. KERR-McGEE ROCKY MOUNTAIN LLC 1 By: \ James P. Waso , Attorney in-fact ZEEK PA TNERSHIP LLLP By. K neth A. Williamson, Managing Partner -8- Feb 27 06 11 : 58a Phillip ❑ Barber P C 7209045755 p. 10 Acknowledgements STATE OF COLORADO ) CITY AND )ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ft€t\ day of February 2006, by JAMES P. WASON, as Attorney-in-Fact of Kerr McGee Rocky Mountain LLC, on behalf of such compa._ ., \ i1tH-o..- + d official seal. } (SE.'i ): S '�� 'i( i:� V Crtt— Notary Publ My C.'Nroke �,;?• k :, 2 NvC�t O .CCAO'-s'p3_2 STATE Or C:OL O fe ) ) ss. COUNTY OF ;r)e-7I1 ) The foregoing instrument was acknowledged before me this 4;7 ? day of February 2006, by KENNETH A. WIT T IAMSON as Managing Partner for Zeek Partnership II J P, on behalf of such entity. Witness my hand and official seal. (SEAL) - s. n< / Notary Public My Commission Expires: `( / 6 -1 9. Feb 27 06 11 : 58a Phillip ➢ Barber P C 7209045755 p. 11 EXHIBIT"A" Amended Plat of Rademacher Business Park Final P.U.D. being a replat of Rademacher Business Park P.U.D., located in the NW/4 of Section 23,Township 3 North, Range 68 West of the 6'" P.M., Weld County, Colorado,more particularly described as follows: Beginning at the Northwest corner of said Section 23 and considering the West line of the NW/4 of said Section 23 as bearing North 00°16'52"West and with all bearings contained herein relative thereto;thence South 40°02'02" East 78.19 feet to the TRUE POINT OF BEGINNING; said TRUE POINT OF BEGINNING being the Northwest corner of said Rademacher Business Park P.U.D.; thence along the Northeast, South and West lines of said Rademacher Business Park P.U.D. as evidenced by monuments in the field the following 8 courses and distances; North 89°52'16" East 1332.18 feet; thence North 00°53'36" East 7.97 feet; thence North 89°041l0" East 1184.69 feet to the Northeast corner of said Rademacher Business Park P.U.D.; thence along the East line of said Rademacher Business Park P.U.D. and the West right-of-way line of County Road 9-1/2 South 00°16'32" East 2627.04 feet to the Southeast corner of said Rademacher Business Park P.U.D.; thence along the South line of said Rademacher Business Park P.U.D. South 89°46'20" West 2100.01 feet; thence departing said South line North 00°16'52" West 933.38 feet; thence South 89°46'20" West 416.69 feet to the East right-of- way line of 1-25 frontage road; thence along said East right-of-way line and the West line of said Rademacher Business Park P.U.D. North 00°16'52" West 1673.47 feet to the TRUE POINT OF BEGINNING; Containing 142.007 acres,more or less, excepting Lots 1,2, 3,4, 8, 9, 10, 11, 12, 13 and 14, Block I,and Lots 6 and 12, Block 2, which Surface Owner does not own as of the date of the Surface Use Agreement. Z:Williamson\EXHIBIT Awptl 9$ EXHIBIT Feb 27 06 11 : 59a Phillip D Barber P C 7209045755 p. 12 ..,g,pi ; i c\ / e` c \ 4os I \ T\ a \\ r`.. IIff Iil _ f 1 ' \\ \ r , I pawaeNl V � A Pas II N o \\ \ \ r I ` \ I I Ni Iul y ry \J i � _ f ! 150' La 'XI I� , lI 2277 1-411--O1 i I a1 N. 24.32' I in , . I [ Vi (EXIST.) r .. 5 75' „t 6. 1 Q II I N O s c� 0 W (/)I 19.J5' = CO I • Z P r i ,3E �t0' ,"— a _3 3 IF . _ J I Ian Ow r i t 4 I aL ti 365.S O mxmilrw EXHIBIT Li 13 Feb 27 06 11 : 59a Phillip B Barber P C 7209045755 p. 13 t � ' - VI/CR 32 .. ' '' % Y. Yy d 4� :too d 7 • 5 _ �`- , • Camelot Cir • €rt V '3 al I. . , Irl ;1 { ..� 1 q p 1 K , Pi; ) �.1 - i. go I LEGEND Zook 18-23 N — Armes. Red - KMG e G lag Pipeline DC NW Seo.23-T3N-R68W Dub Pipeline 1250' FNL,1320' FWL-Bottom Hale Loa ROM 250' FNL,2011' FWL-Surface Lee Vreeome,l FleVllnm 11.Y C...0.M.F Lnu.L:VN/NN I JN/YNL Buttery Locution e. o S.I. r m mr r ten./.0 EXHIBIT ^ !---. cc ❑ o U Z a z 0 H p w w n O_a z Q p w Z Z w 0 S O O in D Q $71 U w > - H I� W Fw- W U Z -__ __W W w Q > w S Q > r W H l7 m yH Q H O CO Q Q z a n 0 Q Q <n Z Li) U Q0 4-+ <w ii 0 O J J <}ii EL: U O F Z J U F Q O Z H = J O 0 O L 0 C o d U CC C u > = > d• Ulimm wJO a_ U 0 J La Q 4 O Z F- I- WI J O a V - z - - CC � 0 II I-a Oo 0 Zw 00 w Li_ > LA z ILI U Z Q Z til COam Li w W W O JEa E J \cs-J Qw >Q ww ONQ z Jz J 0Z Z N > a `C w = L� d li w NiI I ^ al I- i z N m ?J D <° in J O W w w 0 0 - D H WCO 1 w V N o _� z o o Q In _. N o • -_____.__.__—_� M Ln O <n w in vt J lJ -0 W > O W O <n F- vi J Z aJ . 0 O > 0 ccz a w0 w U 4-1+ \ O > m C4 0 zoo _,_- m > z > 0 > D <n OH Q Q m mz S H O aS Sz0 Z J O C Idw a 4 ` Owa wQ co ` zw zF- Q O_ D m w Q H a J J CC X S Hv~i J J O J O w J H CO O K a' w D p d l,� W <n W N F d d' w CC S H V CO ^ - J -_— 3 ce z ___. -_.z d o \//' W Ln I- �^ O H J cc K Z - V d' W W W U U > > tZ 0 U 0 0 O !_ a_ 0 a U U o_ z m O H O O 0 - w w Z O O Z H : O C C O o a o K O OD J Q J t tin O y � <n w c3 a � z a <n LA U Z a LLJ V, ae -> r _- is _- in o w w c Y m l- vi t I- J I- w Ul7 WO I- < p 1 H O <^ � Q w0 - ! w cez_ Z Q <wii U nw. o wl7 U .__. wcc � w3 JHN-c0-;L'UUti l'Kl 1U:Ua AM FAX HO. r. liliUz Report Date. 01120/2006 09:52AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHOULE NO 87052398 ASSESSED TO: ZEEK PARTNERSHIP LTD C/O KENNETH A WILLIAMSON P 0 80X 10 MEAD,CO 80542 - LEGAL DESCRIPTION: RAO L6 BLK1 RADEMACHER BUSINESS PARK PUD AMO PLAT SITUS:WELD PARCEL: '120723202006 SITUS ADD: WELD TAX YEAR I CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 2,364.06 0.00 0..00 0 00 2,364.06 TOTAL TAXES _ 2,364.06 GRAND OTAL DUE GOOD THROUGH 01/20/2006 2,364,06 ORIGINAL AX BILLING FOR 2005 TAX DISTRICT 2309- Actual Assessed Authority Mill Levy Amount Values WELD COLT TY 17 900 600.89 VACANT LAN 115,763 33,570 SCHOOL 0 ST RE1J 39.982 1,342.20 NCW WA ER 1.000 33.57 TOTAL 115,763 33,570 SVW WA ER 0.222 7.45 LTW WAT-R 0.000 0.00 MTN VIEW -IRE(BOND 2008) 0.220 7.39 WELD LIB ARY 3.281 110.14 LONGMON f CONSERVATION 0.000 0.00 MOUNTAI VIEW FIRE 7.817 262.42 TAXES I=Of 2005 70.422 2,364.06 ALL TAX LIE SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADV RTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTS PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1. REAL PROP RTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O.Box 58 Greeley,C 80632 (970) 353- 845 ext. 3290 MAR-31-2006 FRI 08:56 AM - FAX NO. P. 01/01 • Report D :03/3112008 08:58AM WELD COUNTY TREASURER Page:1 STATEMENT OF TAXES DUE - SC EDULE NO:R7052298 A ESSED TO: ZE K PARTNERSHIP LTD Cl KENNETH A WILLIAMSON P BOX 10 M D,CO 80542 LEGAL SCRIPTION: RAD L5 B K1 RADEMACHER BUSINESS PARK PUP AMD PLAT SITUS:WELD PARCEL: 120723202005 SITUS ADD: WELD TAX YEA CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 2,285.20 0.00 0.00 0.00 2,285.20 TOTAL TAXES 2,285.20 GRAN TOTAL DUE GOOD THROUGH 03131/2008 2,285.20 ORIGINA TAX BILLING FOR 2005 TAX DISTRICT 2309- Auth Mill Levy Amount Values Actual Assessed WELD C UNTY 17.900 580.87 VACANT LAN 111,899 32,450 SCHOOL LST RE1J 39.982 1,297.41 ------ ---^--^^- NCH W TER 1.000 32.45 TOTAL 111,899 32,450 SVW W TER 0.222 7.20 LTW W TER 0.000 0.00 MTN VIE FIRE(BOND 2008) 0.220 7.14 WELD LI RARY 3.281 106.47 LONGM NT CONSERVATION 0.000 0.00 MOUNT N VIEW FIRE 7.817 253.66 TAXES F R 2005 70.422 2,285.20 ALL TAX LEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO A ERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACT D PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PR PERTY-AUGUST I. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O.Bo 458 Greeley, O 80632 (970)35 -3845 ext 3290 JAN-211-2UUb hk1 IUM AM hflx 11U. e. UiJ/U� Weld County Treasurer ursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, s tied by the Weld County Treasurer,are evidence of the status as of this date of all propert taxes; special assessments and prior tax liens attached to this (these) account(s). ICurrcnt year's taxes are due but not delinquent. Signed. Date: / cQ f„ • • • 93/31/06 15:09:47 LandAm Cruanection-> 970 535 6878 804-267228 Page 002 LiLandAmerica COMMITMENT NO.: LTTL0000823 PROPERTY: TBD , CO SELLER: Zeek Partnership Ltd. 7251 W. 20th Street, Bldg. L Suite 100 BUYER: To Be Determined Greeley, CO 80634 PHONE: 970-330-7222 FAX: 970-330-5477 DATE: March 31, 2006 We appreciate the opportunity to be of service to you. Please contact the above if you have any questions concerning this transaction. BUYER(S): SELLER(S): Zeek Partnership Ltd. Phone: Work: (970) 535-6074 Attn: Gail Fax: (970) 535-6078 4068 Camalot Circle Longmont, CO 80504 03/31/86 15:09:56 Landflm Ca nection-> 978 535 6078 8B4-227228 Page 8B3 LandAmerica PRIVACY POLICY NOTICE Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family - Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us, No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567, LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey,Industrial Valley Title Insurance Company,Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company,Atlantic Title&Abstract Company, Brighton Title Services Company, Capitol City Title Services,Inc.,CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, WI Title Agency, NIA7 Lawyers Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company,Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title&Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop, Inc. 03/31/06 15:18:14 Landhm Eswaection-> 970 535 6878 884-26jz7228 Page 804 LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender,attorney,or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often,your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. 03/31/86 15:18:38 Landis' G+nnection-> 970 535 6870 804-42-7228 Page 805 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE Schedule A 1. Effective Date: March 21, 2006 at 7:00 am Commitment No.: LTTL0000823 2. Policies to be issued: Amount A. ALTA Owner's Policy - 10/17/92 TO BE DETERMINED Proposed Insured: To Be Determinec 3. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple and Title to the estate or interest in the land is vested in: Zeek Partnership, LLLP, a Colorado limited liability limited partnership who acquired title as Zeek Partnership, Ltd., A Colorado limited partnership 4. The land referred to in this Commitment is described as follows: Lot 5, Block 1, Amended Plat of Rademacher Business Park P.U.D., County of Weld, State of Colorado. Premiums and Fees: s350.00 Informational Report NOTE: Based on the information provided for the application of this commitment,the premiums and fees stated herein represent the qualifying applicable filed rates and/or available discounted programs. Please contact us should you have any questions regarding any of these charges. Prepared By: Trudy Meis 03131/06 15:10:40 LandAm Connection-) 970 535 6070 004-267228 Page 086 Commitment No. LTTL0000823 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the Office of Clerk and Recorder of the county in which said property is located. NOTE: Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) the Company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes Due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the proposed insured has notified or instructed the Company in writing to the contrary. NOTE: Effective September 1, 1997, C.R.S. 30-10-406 requires that all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any document that does not conform. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Non withholding). NOTE: This commitment has been issued for information purposes only and there are no requirements. The liability of the Company in terms of this Commitment is limited to the charges paid for the Commitment. H3/31/H6 15:1H:52 LandAM caunection-> 97B 535 6878 884-2V 7228 Page 607 Commitment No. LTTL0000823 SCHEDULE B - SECTION 2 EXCEPTIONS The Policy or Policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 Rights or claims of parties in possession not shown by the public records. 2 Easements, or claims of easements, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Defects, liens,encumbrances,adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6 Any and all unredeemed tax sales, if any. NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception will not appear on the policy to be issued hereunder. 7 Any and all unpaid taxes and assessments. 8 Right of way for the Howlett Ditch (aka Baugh Lateral) as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. Terms, agreements, provisions, conditions and obligations as contained in Contract &Agreement recorded July 13, 1933 in Book 948 at Page 584 at Reception No. 671981. 10 Pipe line used in conducting water to the NW1/4 of Section 23, Township 3 North, Range 68 West of the 6th P.M. and the right of way therefor as disclosed by instrument recorded December 31, 1962 in Book 1634 at Page 188. 11 Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to Panhandle Eastern Pipe Line Company, as described in instrument recorded April 25, 1978 in Book 829 at Reception No. 1751444 and Amended by instruments recorded November 24, 1986 in Book 1136 at Reception No. 2078162 and November 9, 1998 at Reception No. 2852565 . Right of way, whether in fee or easement only, for water line purposes, as granted to Little Thompson Water District and Central Weld County Water District, recorded January 17, 1996 in Book 1527 at Reception No. 2472233. 12 Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to The Northern Colorado Water Conservancy District, as described in instrument recorded March 5, 1996 in Book 1535 at Reception No. 2479331. 13 Reservations by the Union Pacific Railroad Company as contained in Deed recorded March 14, 1898 in Book 157 at Page 131. 03/31/06 15:11:Z9 LandAm Giunect son-> 978 535 6078 004-26277220 Page 000 Commitment No. LTTL0000823 14 An undivided 1/2 grantors interest in all oil, gas and other mineral rights, as reserved by Morris Nichols and Marion Nichols in the Deed recorded January 9, 1956 in Book 1439 at Page 241,and any interest therein or rights thereunder. 15 Oil and Gas Lease between St. Vrain Land Co., a Colorado corporation and T.S. Pace, recorded July 20, 1970 in Book 630 at Reception No. 1551644, and any interests therein or rights thereunder. NOTE: Extension of the above Lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, recorded May 2, 1975 in Book 738 at Reception No. 1659516. 16 Terms, agreements, provisions, conditions, obligations, (including common expenses, fees and costs under the Common Interest Ownership Act) easements and restrictions, if any, which do not contain a forfeiture or reverter clause, (deleting any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin)as contained in instrument recorded August 5, 1997 in Book 1619 at Reception No. 2561851; First Amendment recorded June 25, 2002 at Reception No. 2964248; Second Amendment recorded July 19, 2002 at Reception No. 2970801, and any and all amendments and supplements thereto. 17 Terms, agreements, provisions, conditions and obligations as contained in Subdivision/Off-Site Improvements Agreement (Publicly Maintained Roads) recorded August 15, 1997 in Book 1621 at Reception No. 2563778. i S Terms, agreements, provisions,conditions and obligations as contained in Improvement Agreement recorded August 15, 1997 in Book 1621 at Reception No. 2563779. 19 Easements and Notes as shown on the recorded Plat of said Subdivision. Terms, agreements, provisions, conditions and obligations as contained in Amended Agreement recorded February 11, 2005 at Reception No. 3260711. NOTE: Pursuant to C.R.S. 10-11-122 notice is hereby given that: (A) The subject property may be located in a special taxing district; (B) A certificate of taxes due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent; (C) INFORMATION regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: If Schedule B of your commitment for an owner's title policy reflects an exception for mineral interest or leases, pursuant to C.R.S. 10-11-123 (HB 01-1088), this is to advise: (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. 83/31/06 15:12:88 LandAm Cpupectian-> 978 535 6078 884-Z6L7220 Page 009 Issued by Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE LandAmerica Lawyers Title Lawyers Title Insurance Corporation,a Virginia corporation,herein called the Company,for a valuable conssderation,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land descnbed or referred to in Schedule A,upon payment of the premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six(6)months after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF,Law}ers Title insunmce Corporation has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. this Commitment to become valid when courdersigied by an authorized officer or agent of the Company. Lawyers Title Insurance Corporation Attest; -*'... By; -.f.-._. .� �i' /A (h rwiue4ch'gh f="ppEA I� o %:SL:' Secretary {3,4t,`. Ins iff President ��NY4a0'aor EXCLUSIONS FROM COVERAGE I The term mortgage,when used herein,shall include deed of trust,tout deed,or other security instrument. 2 If the proposed Insured has or acquired actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company a prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously inured pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss inured in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of thus Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment 1966 A3/31/86 15:12:21 Landfall Connection-) 970 535 6876 BB4-2iZ-7228 Page BIB Lawyers Title Insurance Corporation NOTICE TO PROSPECTIVE INSURED OWNER: Re: Mechanic's Lien and Gap Protection This is to advise that Lawyers Title Insurance Corporation makes available to its prospective insured owners, in conjunction with their Lawyers Title Insurance Corporation policy covering a single family residence, including a condominium or townhouse unit, protection against mechanic's liens. This protection is not automatic nor given in all cases, but is subject to the Company's Underwriting requirements, and does not cover those liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting requirements include, but may not be limited to, the following: 1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of lien protection, executed by the seller, contractor or others who might have incurred debts which could result in mechanic's liens; 2. Information concerning the solvency and whereabouts of the parties set forth in Item No. 1, possibly including financial statements; 3. Evidence of payment of any bills which might have been incurred for work done on the property, depending upon the length of time elapsed since the last work was completed and what remains to be done; 4. In the event of extensive recent construction, whether on all of the improvements upon the property or not,additional items required may include: (a) the Company's review of the owner's and/or builder's history relative to construction projects previously completed or presently under construction; (b) review of the construction loan agreement, if applicable; (c) review of any performance or materialmen's bonds concerning this construction, if applicable; (d) payment of the appropriate charge for mechanic's lien protection during construction, if applicable. This is also to advise that, pursuant to Regulation of the Colorado Insurance Commissioner, every title entity shall be responsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of the commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. This does not include those matters created, suffered, assumed or agreed to by the insured. The prospective insured is advised to inquire of the closing entity as to whether it is an office of Lawyers Title Insurance Corporation, or is an independent agent which will be the responsible entity relative to the closing only. LI LandAmerica FILE NO.: LTWT0001228 PROPERTY: TBD Lawyers Title SELLER: Zeek Partnership, LLLP, a Colorado limited liability limited partnership BUYER: Connie Williamson Lawyers Title Insurance Corporation 1023 39th Avenue, Suite A Greeley, CO 80634 PHONE: 970-351-0007 FAX: 970-351-6633 ESCROW CLOSER: Jeanette Snow DATE: January 09, 2006 We appreciate the opportunity to be of service to you. Please contact the above if you have any questions concerning this transaction. BUYER(S): Connie Williamson , Co SELLER(S): Zeek Partnership, LLLP, a Colorado limited liability limited partnership Attn: Gail Anderson 4068 Camalot Circle Longmont, CO 80504 CI LandAmerica PRIVACY POLICY NOTICE Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family - Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Companies Title Insurance Com anies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA7 Lawyers Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop, Inc. LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE Schedule A 1. Effective Date: January 03, 2006 at 7:00 am Commitment No.: LTWT0001228 2. Policy to be issued: Amount A. ALTA Owner's Policy - 10/17/92 $100,000.00 Proposed Insured: Connie Williamson 3. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple and Title to the estate or interest in the land is vested in: Zeek Partnership, LLLP, a Colorado limited liability limited partnership 4. The land referred to in this Commitment is described as follows: Lot 6, Block 1, Amended Plat of Rademacher Business Park P.U.D., County of Weld, State of Colorado. Premiums and Fees: $699.00 Owner's Policy - Basic Rate • NOTE: Based on the information provided for the application of this commitment, the premiums and fees stated herein represent the qualifying applicable filed rates and/or available discounted programs. Please contact us should you have any questions regarding any of these charges. Prepared By: Trudy Mers Commitment No. LTWT0001228 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the Office of Clerk and Recorder of the county in which said property is located. NOTE: Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) the Company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes Due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the proposed insured has notified or instructed the Company in writing to the contrary. NOTE: Effective September 1, 1997, C.R.S. 30-10-406 requires that all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any document that does not conform. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Non withholding). A. Deed sufficient to convey fee simple estate or interest in the land described or referred to herein, to the proposed insured, Schedule A, Item 2A. NOTE: Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the legal address of the purchaser (not necessarily the same as the property address) be included on the face of the deed to be recorded. NOTE: C.R.S.39-14-102 requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. B. Statement of Authority for Zeek Partnership, LLLP, a Colorado limited liability limited partnership evidencing the existence of the entity prior to its acquisition of title to the land herein, and authority of the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity, and containing the other information required by C.R.S. 38-30-172 and/or 38-30-108.5. C. Payment of all taxes and assessments now due and payable. D. The Company requires a Tax Certificate Waiver Affidavit be signed at closing. Commitment No. LTWT0001228 SCHEDULE B - SECTION 2 EXCEPTIONS The Policy or Policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. NOTE: The above exception will not appear on policies where closing and settlement has been performed by the Company. 6. Any and all unpaid taxes and assessments. 7. Right of way for the Howlett Ditch (aka Baugh Lateral) as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 8. Terms, agreements, provisions, conditions and obligations as contained in Contract & Agreement recorded July 13, 1933 in Book 948 at Page 584 at Reception No. 671981. 9. Pipe line used in conducting water to the NW1/4 of Section 23, Township 3 North, Range 68 West of the 6th P.M. and the right of way therefor as disclosed by instrument recorded December 31, 1962 in Book 1634 at Page 188. Right of way, whether in fee or easement only, for water line purposes, as granted to Little Thompson Water District and Central Weld County Water District, recorded January 17, 1996 in Book 1527 at Reception No. 2472233. 10. All mineral lands as reserved in United States Patent recorded March 18, 1897 in Book 153 at Page 40. 11. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded March 14, 1898 in Book 157 at Page 131. 12. An undivided 1/2 grantors interest in all oil, gas and other mineral rights, as reserved by Morris Nichols and Marion Nichols in the Deed recorded January 9, 1956 in Book 1439 at Page 241, and any interest therein or rights thereunder. Commitment No. LTWT0001228 13. Oil and Gas Lease between St. Vram Land Co., a Colorado corporation and T.S. Pace, recorded July 20, 1970 in Book 630 at Reception No. 1551644, and any interests therein or rights thereunder. NOTE: Extension of the above Lease as claimed by Affidavit of Production, pursuant to CRS 38- 42-106, recorded May 2, 1975 in Book 738 at Reception No. 1659516. 14. Terms, agreements, provisions, conditions, obligations, (including common expenses, fees and costs under the Common Interest Ownership Act) easements and restrictions, if any, which do not contain a forfeiture or reverter clause, (deleting any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as contained in instrument recorded August 5, 1997 in Book 1619 at Reception No. 2561851; First Amendment recorded June 25, 2002 at Reception No. 2964248; Second Amendment recorded July 19, 2002 at Reception No. 2970801, and any and all amendments and supplements thereto. 15. Terms, agreements, provisions, conditions and obligations as contained in Subdivision/Off-Site Improvements Agreement (Publicly Maintained Roads) recorded August 15, 1997 in Book 1621 at Reception No. 2563778. 16. Terms, agreements, provisions, conditions and obligations as contained in Improvement Agreement recorded August 15, 1997 in Book 1621 at Reception No. 2563779. 17. Easements and Notes as shown on the recorded Plat of said Subdivision. 18. Terms, agreements, provisions, conditions and obligations as contained in Amended Agreement recorded February 11, 2005 at Reception No. 3260711. 19. Matters as shown in Site Plan Review #382 recorded March 30, 2005 at Reception No. 3272865. NOTE: Pursuant to C.R.S. 10-11-122 notice is hereby given that: (A) The subject property may be located in a special taxing district; (B) A certificate of taxes due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent; (C) INFORMATION regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: If Schedule B of your commitment for an owner's title policy reflects an exception for mineral interest or leases, pursuant to C.R.S. 10-11-123 (HB 01-1088), this is to advise: (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Lawyers Title Insurance Corporation NOTICE TO PROSPECTIVE INSURED OWNER: Re: Mechanic's Lien and Gap Protection This is to advise that Lawyers Title Insurance Corporation makes available to its prospective insured owners, in conjunction with their Lawyers Title Insurance Corporation policy covering a single family residence, including a condominium or townhouse unit, protection against mechanic's liens. This protection is not automatic nor given in all cases, but is subject to the Company's Underwriting requirements, and does not cover those liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting requirements include, but may not be limited to, the following: 1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of lien protection, executed by the seller, contractor or others who might have incurred debts which could result in mechanic's liens; 2. Information concerning the solvency and whereabouts of the parties set forth in Item No. 1, possibly including financial statements; 3. Evidence of payment of any bills which might have been incurred for work done on the property, depending upon the length of time elapsed since the last work was completed and what remains to be done; 4. In the event of extensive recent construction, whether on all of the improvements upon the property or not, additional items required may include: (a) the Company's review of the owner's and/or builder's history relative to construction projects previously completed or presently under construction; (b) review of the construction loan agreement, if applicable; (c) review of any performance or materialmen's bonds concerning this construction, if applicable; (d) payment of the appropriate charge for mechanic's lien protection during construction, if applicable. This is also to advise that, pursuant to Regulation of the Colorado Insurance Commissioner, every title entity shall be responsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of the commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. This does not include those matters created, suffered, assumed or agreed to by the insured. The prospective insured is advised to inquire of the closing entity as to whether it is an office of Lawyers Title Insurance Corporation, or is an independent agent which will be the responsible entity relative to the closing only. File No.: LTWT0001228 AUTHORIZATION TO WAIVE TAX CERTIFICATE REQUIREMENT PRIOR TO POLICY ISSUANCE The undersigned hereby authorize Lawyers Title Insurance Corporation to issue its title insurance policy or policies, as contemplated under Commitment No. LTWT0001228, without ordering any tax certificate(s), pursuant to the provisions of Senate Bill 91-14 (C.R.5. 10- 11-122). Tax Schedules(s): 120723202006 Dated: January 23, 2006 Zeek Partnership, LLLP, a Colorado limited Connie Williamson liability limited partnership By: Gail Anderson Its: Issued by Lawyers Tide Insurance Corporation COMMITMENT FOR TITLE INSURANCE t.1 LandAmerica` Lawyers Title Lawyers Title Insurance Corporation, a Virginia corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6)months after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Lawyers Title Insurance Corporation has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,this Commitment to become valid when countersigned by an authorized officer or agent of the Company. Lawyers Title Insurance Corporation rI Attest: /1 i ...__- y - BY r-,.�i -� .1 �i its zG. rx5axeN'f c11 r �qll President Secretary ,, J.' 1925 .41 r14,°'`exaoP EXCLUSIONS FROM COVERAGE The tern mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a)to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B,or(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or inlet est or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment 1966 FINAL DRAINAGE REPORT AND PLAN FOR Cold Storage Lots 5 and 6 Lots 5 and 6 of Block 1 of the Amended Plat of Rademacher Business Park Final P.U.D. Prepared For: Mr. J. L. Walter J. L. Walter Consulting 114 East 5th Street Loveland, CO 80537 March 10, 2006 Project No. 131 Prepared By: Mr. J. Tom Knostman P.E. 843 Marble Drive Fort Collins, CO 80526 Mr. J. Tom Knostman 843 Marble Drive Fort Collins, CO 80526 970/229-0438 e-mail: Tknostman@msn.com March 10, 2006 Project Planner Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, CO 80631 RE: Revised Final Drainage Report for Lots 5 and 6 of Block 1 of the Amended Plat of Rademacher Business Park Final P.U.D. - Cold Storage Lots 5 and 6 Dear Project Planner: I am pleased to submit this Final Drainage Report for the above reference project. I have designed the project to be in conformance with the requirements laid out in the Master Drainage Plan and Report for Rademacher Business Park P.U.D. as prepared by Landmark Engineering ltd. in 1996 and to the constraints of the existing site as they exist today. Should you have any comments please feel free to contact me at 970/229- 0438 or Mr. J.L. Walter at 970/613-2037. Sincerely, %s2tmanp. . CC: J.L. Walter, J.L. Walter Consulting CERTIFICATION I hereby certify that this Master Drainage Plan and Report for the Cold Storage Lots 5 and 6 facility was prepared by me in accordance with the provisions of the Weld County Drainage Criteria for the Owners thereof. James T. Knostman, P.E. Colorado P. E. 30261 caie r. TABLE OF CONTENT 1. PROJECT LOCATION AND DESCRIPTION 1 1.1. EXISTING CONDITIONS 1 1.2. PROPOSED CONDITION 2 2. BASIS FOR DESIGN 4 2.1. MASTER DRAINAGE PLAN AND REPORT FOR RADEMACHER BUSINESS PARK P.U.D 4 2.1.1. Basin Delineation 4 2.1.2. Allowable Release Rate 5 2.2. SITE CONSTRAINTS 5 2.3. DRAINAGE CRITERIA 6 3. STORM DRAINAGE DESIGN 6 3.1. REQUIRED DETENTION VOLUME 7 3.2. AVAILABLE DETENTION POND VOLUME 7 3.3. ORIFICE PLATE SIZING 8 3.4. DOWN STREAM CHANNEL DESIGN 8 4. EROSION AND SEDIMENT CONTROL 8 4.1. EROSION PREVENTION 8 Appendix A Drainage Calculations Appendix B Excerpt from the Master Drainage Plan and Report for Rademacher Business Park P.U.D. Rademacher Business Park Final P.U.D 1/15/2006 Lot 6 of Block 1 /'1 1. Project Location and Description Cold Storage Lot 6 (Lot 6) is a 5.423-acre site located on Lot 6 of Block 1 of the Amended Plat of the Rademacher Business Park Final P.U.D. which is located in the Northwest Quarter of Section 23 Township 3 North, Range 68 West of the 6`" Principal Meridian, Weld County, Colorado. Lot 6 is situated south of Weld County Road (WCR) 32, north of Camelot Circle, Lot 7 (Alfa Paving) to the east and Cold Storage Lot 5 to the west. A vicinity map is included on the following page for reference. Cold Storage Lot 5 (Lot 5) is a 5.242-acre site located on Lot 5 of Block 1 of the Amended Plat of the Rademacher Business Park Final P.U.D. which is located in the Northwest Quarter of Section 23 Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. Lot 5 is situated south of Weld County Road (WCR) 32, north of Camelot Circle, Lot 4 (Camelot R. V. Storage Facility) to the west and Cold Storage Lot 6 to the east. A vicinity map is included on the following page for reference. This report will address storm drainage from the two contiguous parcels. The storm drainage from the developed portions of the two lots will be detained in a common detention pond on Lot 6 and released at the acceptable rate for these lots. Undeveloped portions of these lots will continue to release at historic rate until they develop at which time these areas will need to detain to the require release rate. 1.1. Existing Conditions The current conditions of the two lots consist of vacant land with light grass and weed cover. The land surface generally drains away from the Camelot Circle north into a barrow ditch along the south margin of Weld County Road 32. The estimated average land surface is 2 to 3 percent. The Soils at the surface consist of a clayey loam material with a moderate erosivity for both wind and water. The south WCR 32 barrow ditch collects and conveys storm drainage from the properties to the north of the Camelot Circle through an existing 15-inch corrugated metal pipe (CMP) culvert (located north of Lot 6) under Weld County Road 32 as shown on the attached Drainage Exhibit, Sheet 1, and in Appendix B. Weld Count Road 32 is a two-lane, rural road with no curbs that generally rises to a crest curve at approximately the boundary between Lots 3 and 4 of Block 1 of the Rademacher Business Park. The barrow ditch is overgrown and poorly maintained. Storm Drainage reaching the north side of Road 32 drains into a farm swale and pond that eventually release to the east. Camelot Circle, forming the southern boundary of lots 5 and 6 is built on a fill embankment of 2 to 3 feet of native material to this area. The road consists of a two-lane, urban road with parking. Camelot Circle has curb and gutter on both sides. Storm drainage from Camelot Circle is collected in two type 'R' inlets at the sag curve sump approximately located at the property line between Lots 5 and 6 of Block 1 as shown on the Landmark Drainage Exhibit attached to the back of this report. These inlets drain through an 18-inch pipe Cold Storage Lot 6 1 1/15/2006 Lot 6 of Block 1, Rademacher Business Park Final P.U.D to a swale that runs in an easement along the property line between Lots 5 and 6. The 18-inch storm sewer will be extended approximately 250-feet along the property line to facilitate paving and cross access between the storage units of Lot 5 and Lot 6. 1.2. Proposed Condition Cold Storage Lots 5 and 6 is proposing to develop Lots 5 and 6 into a cold storage unit facility. Within the development, approximately 1.85-acres and 3.76-acres of impervious area will be developed for Lots 5 and 6, respectively. The impervious area includes asphalt parking / cold storage facility with 90 20'x50' units. Three entrances will be developed from Camelot Circle which will allow storm drainage to flow directly from the road to the parcels. Drainage from the area of Camelot Circle adjacent to Lots 5 and 6 and upstream to the west of the entrances will be collected and conveyed through the site to a new detention pond along the north side of an existing gas line easement. Following sections will describe the basin in detail. The 18-inch storm sewer conveying flow from the sump in Camelot Circle will be extended approximately 250-feet along the property line to facilitate paving and cross access between the storage units of Lot 5 and Lot 6. Undeveloped portions of these lots will continue to release at historic rate until they.develop at which time these areas will need to detain to the require release rate. Cold Storage Lot 6 2 1/15/2006 Lot 6 of Block 1, Rademacher Business Park Final P.U.D VICINITY MAP INSERT Cold Storage Lot 6 3 1/15/2006 Lot 6 of Block 1, Rademacher Business Park Final P.1.1.O 2. Basis for Design The basis for the storm runoff design was taken from the Master Drainage ge by and Report for Rademacher Business Park P.U.D. (LMMDP) prepared Y k Engineering Ltd. For Zeek Properties dated October 1996 and the Weld County Drainage Criteria. 2.1. Master Drainage Plan and Report for Rademacher Business Park P.U.D 2.1.1. Basin Delineation The LMMDP for the Rademacher Business Park P.U.D broke the entire 143-acre site into two sub-basin areas. Basin 1 consisted of those areas south of, and tributary to, the Baugh Lateral Ditch. Basin 2 consisted of the areas north of, and draining away from, the Baugh Lateral Ditch to culverts under Weld County Road 32 and ultimately a regional drainage swale a short distance to the north. Lots 1 through 7 of Block 1 are located in Basin 2. Lots 1 through 3 drain to the westerly 15-inch CMP culvert located at the northeast corner of Lot 2. Lots 4 through 7 middle of the Drain easterly CMP located at the north lot lineof Lot 6. It should be noted that both these culverts were mistakenly called out and modeled for the master plan as a 12-inch CMP in the report. For this development: • Basin 6A will consist of the area draining to Pond 6 as shown on the attached Drainage Plan (Sheet 1). This area will consist of 4.871 acres including the half road area of Camelot Circle adjacent to the proposed entrance to the site. Lot 6 will be responsible to detain the portion of Camelot Circle, which can be captured. • Basin 6B will consist of the 0.355 acre area running along the north margin of Lot 6. This area hosts a gas line easement and will not be modified from its current state as open space with estimated 2- percent permeability. Should this area develop, this sub-basin will need to detain to the require release rate. • Basin 6C will consist of 0.668 acre area consisting of the south and west half of Camelot Circle. This area drains to a low point sump inlet an then to an 18-inch pipe draining northeast to a swale along the Lot 5 and Lot 6 property line. This basin is entirely impervious with a length of 2,100 linear feet and width of 14-feet. 1/15/2006 Cold Storage Lot 6 4 Lot 6 of Block 1, Rademacher Business Park Final P.U.D • Basin 5A will consist of the impervious areas of Lot 5 draining directly to Pond 6 as shown on the attached Drainage Plan (Sheet 1). This area will consist of 1.356 acres including the half road area of Camelot Circle adjacent to the proposed entrance to the site. Pond 6 will be responsible to detain the portion of Camelot Circle, which can be captured. • Basin 5B will consist of the 0.495 acre area forming the central courtyard area of Lot 5. This area will drain via a CDOT Type C inlet and 18-inch RCP to the pipe being extended north along the Lot 5 / Lot 6 property line. These flows will eventually drain to Pond 6 to be detained prior to release. • Basin 5C will consist of 3.535 acre area consisting of the area north of the area proposed for development. This area hosts a gas wells and gas line easement and will not be modified from its current state as open space with estimated 2-percent permeability. Should this area develop, this sub-basin will need to detain to the require release rate. 2.1.2. Allowable Release Rate Landmark Engineering set the maximum release for the Lots in Basin 2 north of the Baugh Lateral equal to the 2-Year historic release rate for this area. The release rate was determined by estimating the maximum release through an assumed 12-inch culvert under Weld County Road 32 draining this area. Field verification of the size of these culverts indicates that the culverts are actually 15-inch CMP; therefore the Landmark release rate is conservative. The estimated maximum flow from a 12- inch CMP culvert was estimated at 4.5 cubic feet per second (cfs). The total area of each basin tributary to the 12-inch culvert was then divided into this flow rate to obtain an allowable discharge per acre. Excerpt from the Landmark Report are included in Appendix B to this report. Based on the above calculations, Landmark Engineering set the Allowable Release Rates for: • Lots 1, 2 and 3 equal to 0.283 cfs/ acre using an area of 15.9 acres. • Lots 4 through 7 equal to 0.206 cfsl acre using an area of 21.9 acres. The above release rate for lots 4 through 7 was used to estimate the allowable release for the detention pond on Lot 6. 2.2. Site Constraints Physically, the development of the site is governed by the presents of a 24- inch East Weld County Water pipeline, the gas extraction wells on Lot 5 and Cold Storage Lot 6 5 1/15/2006 Lot 6 of Block 1, Rademacher Business Park Final P.U.D a gas line easement along the north margin of the property. The water main is north of Lot 6 and south of the barrow ditch of WCR 32. The project proposes to locate the Pond 6 outfall over these utility lines. A 12-inch diameter ductile iron pipe is called for to allow for shallow cover across the top of the exiting water line and to get into the barrow ditch. The profile of the Pond 6 outfall is shown on Sheet 1. 2.3. Drainage Criteria This drainage evaluation follows the criteria laid out in the Landmark Engineering Master Drainage Report, which is based on Weld County Drainage Criteria. 3. Storm Drainage Design The general concept for the drainage design for Lots 5 and 6 consist of creating Detention Pond 6 within the property boundaries as shown on the attached Drainage Exhibit to allow for detention of storm flows from the developed areas of Lots 5 and 6 combined. This pond will detain storm runoff to the 100-year event and release at the allowed discharge rate for the developed areas. Detention of the storm flows will be achieved by constricting the outlet pipe to a maximum discharge under the maximum head using an orifice plate bolted to a headwall. A minimum of one-foot freeboard depth from the 100-year detention pond surface to the top of the berm should be created with the grading of the pond. The pond should be constructed with an emergency spillway with a hardened concrete cutoff weir section 32 feet wide, 8 inches thick and 3 feet deep into the berms. The down stream face of the emergency spillway should be protected with angular riprap as shown on the Storm Drainage Details (Sheet 2) attached on to this report. Modified FAA/ Rational Method Runoff Calculations The rational method was used to estimate the runoff to the proposed detention pond. The composite 'C' values for the areas tributary to Ponds 5 were estimated from areas taken from the proposed plans for the access paving, storage buildings and detention areas. The values used in the estimates of detention are summarized in Table 1 below and are detailed in the calculations in the Appendix A to this report. Table 1 Rational Method Runoff Parameters Basin I. D. Impermeability 100-Year, 1-Hr Area 'A' Allowable (%) Rainfall (Acres) Discharge (Inches) (cfs/ac) 6A 78.0 2.70 5.226 0.206 5A 88.0 2.70 1.356 0.206 5B 100.0 2.70 0.496 0.206 Cold Storage Lot 6 6 1/15/2006 Lot 6 of Block 1, Rademacher Business Park Final P.U.D 3.1. Required Detention Volume The values shown in Table 1 above were used in a Denver Urban Drainage and Flood Control District, FAA Detention Volume spreadsheet to track the mass balance of the stormwater runoff into and from Detention Pond 6. A print out of the spreadsheet and graph of the mass balance is provided in the Appendix A. Based on this analysis, the required detention volume in Pond 6 is: • Pond 6: 62,339 Cubic Feet or approximately 1.592 Acre-feet 3.2. Available Detention Pond Volume The proposed detention pond grading plan was evaluated for volume and found to provide sufficient storage volume for the 100-year storm event at the allowed release rate. The maximum 100-year stage of the pond is estimated to be 4932.16. The top berm elevation should be a minimum of one foot higher than the maximum 100-year water surface. The crest of the emergency spillway will be set at 4934.5 and the crest of the berm at 4936.0 feet. A concrete weir section and rip rap rundown as detailed on Sheet 2 should be included at the outfall of the emergency spillway. The location of the emergency spillway is shown on Sheet 1. Cold Storage Lot 6 7 1/15/2006 Lot 6 of Block 1, Rademacher Business Park Final P.11.0 3.3. Orifice Plate Sizing Standard orifice equations for a sharp plate were used to calculate the necessary opening size at the primary spillway for the Pond A. The calculation was based on the allowable release rates and the maximum 100- year water surface detailed above and solved for the allowable orifice area shown below. The actual calculations are included in the Appendix A on the detention spreadsheet. • Pond 6: Rectangular opening 3.52-inches wide and 5-inches high providing 15.92 square inches at a maximum head of 4.27 feet allows a maximum discharge of approximately 0.95 cfs. 3.4. Down Stream Channel Design The primary spillway from Pond 6 connects to the south barrow ditch along Weld County Road 32. The ditch is estimated to have sufficient capacity to convey 0.95 cfs to the existing westeml5-inch CMP under the road. Thus no modifications to the down stream channel are necessary. A rip rap pad should be provided at the pipe outfall for Pond 6 as detailed on the Sheet 1. 4. Erosion and Sediment Control The Soils at the surface consist of a clayey loam material with a moderate erosivity for both wind and water. The vegetative cover is fair allowing significant soil exposure to erosive forces. During the construction phase the following measures should be implemented to prevent unnecessary loss of soil from the site. 4.1. Erosion Prevention Prior to grading work the silt fencing, parking coral and vehicle tracking pad as shown on Sheet 1 should be constructed. A schedule for erosion control installation is shown on Sheet 1. The gravel-tracking pad should be located at the entry to and from the property during construction. The berms and swales for Ponds 5 should be constructed without their primary (12-inch ductile iron pipe) spillways to act as a retention pond for the site prior to overlot grading. The emergency spillways should be constructed as a safety measure. In the event that the pond becomes full with runoff or sediment, pumps should be used to slowly discharge water taken from the top surface of the pond. This will allow for settling of eroded soils in the ponds. The ponds should act as retention ponds until the parking areas are fully paved at which time the primary spillway structures should be constructed as detailed above. The contractor should make every effort to place the gravel base or a mat of asphalt as soon as possible after overlot grading to prevent rain and wind erosion. Cold Storage Lot 6 8 1/15/2006 Lot 6 of Block 1, Rademacher Business Park Final P.U.D Appendix A 0 0 8 0 0 to n O 0 o o 0 0 o c m u n N CD 0 [O OU N. O( N N N C O O O O O J C 9 N O O CD 0 O,c r rn r coo 0 0 0 0 m O OI co (0 0 U N- CO 0 0 O o o O O E O 0 N 0 0 0 0 u= 0000 (000 Q 0 .-OO o 00 w e Z- O O N O n(0 0 g mF ,_ aN 0 co N E , to m o 0 0 0 0 0 0. 0 . 00. 0 . s o o 0 o 0 0 2 0 •O 0 0 -0 O n N O 0 •O 0 Fs O O O r o J u CO �p r 0 .h pp n w O 0 V N 0 O O f p d r - Oro (7 O 0 < w 0 C NO O co O N 0 a 0 0 of o o I- 0 0) 9 < 00 m 0 N 0 0 V I. m Q co 0 (n a. 8O .- co M O0 0 f- 0 ee < J f 0 f O N n (t p7 N r g fy M O 03. u., (O r d O Q M .o .- (7 V ,o O pp w N a .0 to 0 0 w 0 o m < n 8 I- 0 r N O o O CD. N .2 W {ac ._ O)r (7 .- N 2 V8 w n (V m- y-n N N a um coE uQ 5 0f° 0 U LL W N LL Le) co 9 C v O j o call' o 6 o w n 8 <J a c vi i t n m E < g ca= w � nZ,0 CDdm ig C 0 a w co J W a I- 0 en a a E H `m O 2 co < W O O T4 9 V N IL o f V 5 EL C CD I".....• IC O r 0 ' N TO C m N O ° m m) )n i' 7:.. O_ C ri `- N c7 a Y . m o C co N r N- N o m N N Y f0 N CO N- H F Z: -a r. ••_ 0 to N O V 0 C h r 0 a m J U C m c E 01 t. • °ot '- E U m ri F 1- -C �) m '- u) m E `o.niooieo a- "" a. r CO rn O r 3 • N N N CO CO a m 4 IL II C N O m Y C E �.' N N NN E s c h co t a Ea.... z a O' in O r 0 N in i- W 3 o I- CO e E mti CO r: .coo OJ (n j N V. N V O a cc J g o LL C X C V C 'E m N o o M M co 'E GO. —N T N N O s 0 O Nco 7 C m 0 O II — e a o. o .- mmr c O 2 0 O o s O C -�.�N N ,_ ,_ V E co m H C J c E Cu if n m o a E O r E w m m m In in m CO 'C J m — o ni v o -6 ¢ . c d cq ELL N m m ($ N r o ' 0 co. C q E .5 O o o 0 o c 8 C •m CE o o� m •p O LL m OO `m9 w n O wn LO 0i mco m p E c� a a K f O o m E P co O O N O C) O U N a co CO r m. } '03 • d • OO O_ V , N <h ro- t w CO CO I.O V r N v 0 I P 43 C L } La N r- 4) .CC O 0 aO r a C O a 7) car OOO d' r- C = N ^ I- o O o O) U) .c -, M 4 Noi M C `-- N C C ^ O O O N O p N O O N OC U M U 0 )/') uJ Z o C F- o ` I- C m 0 0) co U O n r J 0' N‘- t } c^ CO O) 1O 1- in i C L e- C O - 0 0 0 0 0 Lli N 0- J U I- 0O) Ost (0 CO o Calc Sao O coo O C } 0 0 0 0 0 J 0 N O 0 o m N -7.:',..., M O Of In UOD CrO ie U < Qom"` rOc7 V a CO co C 7 C CO Q W w) La o O C _ O co m � N � LOLO taDco to C.� P a u_ N a H 7 c d v N E O 'S m w • °) d av O N 8 O O N .O v e- N N CO V O E N a d a) Z «. 'O N O ea co In a CO J U. a 0 0 co 8 o c 0 O r co Co d._ Co td L co d V e o 32 C n cc c cc a 3 0 c L 0 m C y CO N N y N CO V 6 U n 8 N_ (<y Im t O 11 .0 c O N N 0) C_ Q > t V V r E • 2 wco SO 0 4 + U p co N Q ii > co II 0J a > CU O Q E O in II ° CO z CO CO a > O 0 8 m CO 8 .o > v v w o p o w a 0Co) 0) 0m10CDL ca Q2 Oo My I- 0 o 10 CO COmv et cow > OOOOOT- e- (V Mth N O O p o 0 z 4 U E _ O o U > NN 0) 00) 7 CD01 t0 CD CD Oa0 a C) O L0 0) U 6 t0 WT CO 10 oat-. CO C) N C 8 w > — coNcc N CO 1000tOO M CO CO m Q E-' a c r2 0> II a CO O O) CO CD 10 COC) t0 O) CO IL F- O n t010OO ) 1.0 CO U < O U) II E cC CO(V 4 c N V O I� 10 I O 10 CO CO w Np .- h co N. CONIC) t%) w J al a EE NNNCO � � Q g = Q co M z S>a w II F 0 <O V CD V If CO CO J re a `O W 'm 0 N 1O CO M 0_ 100) aW0 (O� CO w CC C > QK co t6 ._ Ip cc; f710t76 > W F N N N N CO C) 7 < o } m Q O V 0 0 0 0 0 0 0 0 0 0 VC O� E O to ID C.O m to co m Nrn COm rn�'rn rn W rn" CO p o ZZ > CO Q 10 o V V V V V V V V V V Z Z ,0 J a w d d c a CO 0 a c 0 c III O 8 a c a V to a roars nt is, �«.r s 6 Ti �G r �2� at'fl S O In Old a O Cl) r sit Oo s a vi N 'x° S22 ro u O 6 1 �� 3 '', 9 F co V c t 2 w m o 1 i , ; { o 3 .o n n N * O sw:.dr in NV +., . u., A a °a F0 OC 1 a o ;33 O O O pOo O O O LO a 86 ' N O W N ? N O n O U Q V Eo o, aB�eyosl0 m _$ o m Ny $ d 9 Cs A O m mO O W m I- bN:M$pYp1Dpt;�y St;00 Q a t° S O OWN ci -.;-. Q.,)., - . O-aDOMNtO1, — 5 P m d oaoe4 wi N-°? e;`,M@ t•. Nti0 <3cis O 5 M } j. r r N N N N N N P3 pJ l�l M Ta0 !LL.. `m L v < a _ V ro 3F-m �N y N a r m eNOarc W4 WlO s m <v Q< c xM n d �p co O O. H Y Y W or N.v a r ,0 m n 7 O N O m r r �s fin' v . OO y c�pp. .. Oin co O D ;N '.WNNM in n � rcOW oar Cu pe II . a 0 a J J Q Q m O 2 U J 611, C a o & q o n o n o m n o n o n o n o n o n 0 Ti) m W O N n f- a No) NON 'S) 1, O N n l 0 0. 2 O d33 T O O OGG O • • • NNN NMl7 tM th O o2 w " oo da a x t7 m y, U Z N c m c N mom Q y F- ENS? C w ? K i s a c DETMM•Ca123P" LOT Ce sin d� 5/FLA5 r (-----?‘, ), D " ) 1A+2._ ( &C - . )0rCp O1 -tc c' 4c )ub-Ye_ - �� GJe3 & f3 Sec -raj .. ctr ILEALIEL sAlega) z z ita 3 iSileCO l 8; 3t, Nit A-•J E.. , Lien O 33 1 b (:07)t tsJt�1 st ' // U C - 9E/z_ 'cfte€ = LI q 1�2•, i01 ft.to--o tag E. va11 D - -T Pt Ley cDizzpat Pert b F 78 "I CALL Cl,ate.---PLAre.r t y 9,-p 'A 41" 9 y , 26,09! `44 c-,Et Sjzia ',CO 51.;-EZ T k DtTENTION VOLUME BY MODIFfEO FAA METHOD 'on il3p0M Volume I Runoff chapter for description of method) (For catchments less than 160 acres only. For larger catchments,use hydrograph routing methods) (Note:for catchments larger than 90 acres,CUHP hydrograph and routing are recommended) bestgn InTormatton(Input): Catchment Drainage ln,entOmrness ._.. . r58 percent Catchment Drainage Nea A= 6 28acrm Predevelopnenl NRCS Soil Group Type= 04..B,C,or 0 Rebus Period for Detention Control T= =—WO:years(2.5 10,25,50,or 100) Trite of Concentration of Watershed To 5 11:males allowable UNl Release Rate(See Table A) a= ) ol$1ic5/acre One-hour Precipitation P1= S2 TO Inches Design Rainfall lDF Formula 1=CV P1I(02Hc)^O3 coemcient One C1 O 20 so Coefficient Two C2= 500 Coefficient Three C3 p79 Determination of Average Outflow from the Basin(Calculated): Runoff Coelfidenl C 039- Infow Peek Runoff Pp-in 5 31012 ors Allowable Peak Outflow Rate Op-out= 4/1T!ole Raoo of pp-out/CO-in P05o 004: Table A Reconnanded UM Flow Release Rate in ch/acre of tributary cabhment within UDFCD boundaries. to, Deep Frequency: NRCS t3C9)Erdroegic Sal°wtp ELD 2)aer 002 OA3 004 y4a 0At 013 017 103t$f 013 : 0,23 0 9 ear 024 : 041 9,2 _ 073 0,56 066 10 050 t 035 100 .:verer1MMI0nainfll duratoo t1111441009 ascItd5gorder AealeSk ..•. ;I Rainfall duration must be entered In ascending order. Rainfall Reinter Inflow Adpabrent Average Outflow Storage Dora on Intensity volume Factor Outflow Volume Volume etasinches/1w cubic feet cis cubic feet cubic feel (Input) (output) (output) !output) (output) lbulput) (output) ::500 BIOS 14465 100 702 025 YLp83 101X1 2.21 ]7068::• S 004 142 i5R , 1600 9:Q4 25.032 057 1.23 t,%6 1 ;2X;441 _.2040 1444 371093 078 1,10 :::1;394 ::32190 ]440 ':434 30093:. 074 1.07 :1:7,730 :.55562 3000 :013 40,055:. 044 091 4743 ;3Ma72 :: 236➢4 44,6`)9.: 085 092 7;,866 :aOa22 a 40,00 0.50:50 4'€t75': 544 590 2Us$ ::42607 s 45.00 :.3125 .467tia 002 068 :Si 7363 441318 5040 :593 46,461( SOt. : •0.66 .3!3509 :-45,806 s6.: 6530 :-2:?f4 50.W1. flap 0,8 2;2.6114 48x38 sow :2:614 51-448:: 859 0844 .::-4458 .774467 ( • 5400 ::3:54 57b1T.: 056 0.82 '1:3231 ::4RS66 70.04 2:44 04,059:. • 046 • 062 %f4* :60;'00* 2600 z3b.... 6i�t>8: 0.57 083 -§408 5t:949 .:5000 :2:20 59;253. 057 58'1 3.466 ::52.17 ?.8590 i2a1 ;58.301: 058 060 !: 4,054 ::95}222 :'. 9000 2a] 59165: 056 866 i:::-4294 253271 • 6680 e9 59.178 5 56 5X9 41789 94:$3,7 t. :x4300 :5:68 50043: 055 078 F?4.319 155,324 :::i [::105.00 ;?3;51 80,4701 065 035 .3'6.4.131 ::59;936 0; 74000 410 64T.m: 056 038 -:•6,144 9Y.818 ,7200 IA): 52.14 055 ate ` S i 57;aw 12530 1:59 83:143. 0.55 027 :::5.489 -5757E ,.'. '::.12000 _3:60 93.,542: 0,54 077 -:::5,782 ':85,061 42000 1155 04,515: 054 011 5194 , •56527 1 .00 I ..f.51 " 8@:145' as4 0 ''..%.6,201.:::... c6:968 ,404000 :0:47 :53783 05644 0.76 :/..„.4.419:: 55,379 :• '. ?!146.00 ::1:43 :166400 054 0.16 .:i:6,932 '597365 1i: 75008 440 56;9&4 054 0,78 :87(4 9614* x118590 3:93 68:117 4.53 525 is ZRYO 90433 P 165.00 4130 66813 053 038 :i 7362 60 lOg ^. 11000 1:27 60,124. 650 An 1'965 64:486 176,08 r:24 a3:5sa 0.43 6.76 ?.94f ,*4277 t40.e0 -_4.22 5.015,. 053 078 ?GY20 1:42.061 ;::18500 18* _10,885 053 515 !:i 8332 :-;82333 .4 slormwamr Datanton Volume(Cube Feat)' 64,995. stormwamr Dataneon Volume(Acre Feat)a ;;;4335• Lot 6 det100-yr.ld,Modified FM 3/102006,12'43 PM Inflow and Outflow Volumes vs. Rainfall Duration Intersection of Modified and FAA Outflow Plots is at maximum detention volume 80000 - -- — I o 70,000 -- — *, ..a --- zr-a t fc- �R* 60,000-.. it OAF 1, 50,000 — , -- co cr a U 40,000 — — — -- —_ ----- — m cil 0 30,000 - -- OS 10 20,000 f - -- - - _. / 10,000 -- 0 0.00 20.00 40.00 60.00 80.00 100.00 120.00 140.00 160.00 180 O0 200.00 Duration(Minutes) .g-Inflow Volume -t.Modified Outflow Volume —0-FM Outflow Volume Lel 6 de1100yr b,Minified FM 3/10/2006.1243 PM Circular Channel Analysis & Design Solved with Manning' s Equation Open Channel - Uniform flow Worksheet Name: Cold St Lot 5 pipe Comment : Pipe sizing for Cold Storage Lot 5 Basin 5B Solve For Full Flow Diameter Given Input Data: Slope 0 . 0050 ft/ft Manning' s n 0 .015 Discharge 5 .00 cfs - CZr ‘-i- . g Computed Results : ii Cpl' 1- Full Flow Diameter 1 .36 ft s Full Flow Depth 1 .36 ft j:- ;3 Velocity 3 .42 fps Flow Area 1 .46 sf Critical Depth 0 . 89 ft Critical Slope 0 . 0088 ft/ft Percent Full 100 .00 % Full Capacity 5 . 00 cfs QMAX @. 94D 5 . 38 cfs Froude Number FULL Open Channel Flow Module, Version 3 . 11 (c) 1990 Haestad Methods, Inc . * 37 Brookside Rd * Waterbury, Ct 06708 Appendix B Triangular Channel Analysis & Design Open Channel - Uniform flow Worksheet Name : COLD STORAGE LOT 6 Comment : Tri chan from Camelot to pond, upper run Solve For Depth Given Input Data: Left Side Slope 2 . 00 : 1 (H:V) Right Side Slope 2 . 00 : 1 (H:V) Manning' s n 0 . 035 Channel Slope 0 . 0220 ft/ft Discharge 6 . 38 cfs 1 .33 Z.-/ cn Computed Results : �i Depth 0 . 95 ft Velocity 3 .55 fps Flow Area 1 . 80 sf Flow Top Width 3 . 79 ft Wetted Perimeter 4 . 24 ft Critical Depth 0 . 91 ft Critical Slope 0 . 0269 ft/ft Froude Number 0 . 91 (flow is Subcritical) (2 SO cs Jas A-)ov- .. Amriacc.AN Cz2E t ACE-, Open Channel Flow Module, Version 3 .11 (c) 1990 Haestad Methods, Inc . * 37 Brookside Rd * Waterbury, Ct 06708 7 1 1 MASTER DRAINAGE PLAN AND REPORT FOR RADEMACHER BUSINESS PARK P.U.D. I I Prepared For: Zeek Properties I Date: October, 1996 Project No. ZEEK-6B3C01-304 CONSULTING ENGINEER Landmark Engineering Ltd. 3521 West Eisenhower Boulevard Loveland, Colorado 80537 V V SECTION 1 EXECUTIVE SUMMARY This section explains the purpose of the Drainage Study and presents a summary of the major findings and recommendations. The development of the recommendations is presented in the following sections of the report. Introduction 1 The Rademacher Business Park P.U.D. is a proposed 143 acre business park in Weld County, Colorado. The proposed development is located on the East side of Interstate 25 and is bounded on the North by Weld County Road 32 and on the East by County Road 9 1/2. Access to the site is from the frontage road situated between 1-25 and the project site. This Master Drainage Plan and Report covers the general drainage patterns for the overall site, and it is proposed that a final drainage study be prepared for each lot as a part of the individual development plans. The final drainage study shall address specific site drainage patterns and facilities based on the final grading and development plans, and must be in compliance with requirements of this Master Drainage Plan and Weld County Criteria. The purpose of this Master Drainage Study is to provide general drainage planning for the overall development. This includes identifying and defining conceptual solutions to drainage problems which may occur onsite and offsite as a result of this development, and identifying drainage structures and other drainage features which should be included in the development plans to provide a complete, safe and economical drainage system design. A fundamental objective of this drainage study is to develop a visionary drainage plan that can be understood and adopted and can be implemented and controlled effectively. This Drainage Study evaluates the existing drainage patterns of the site and identifies future drainage patterns for the development based on the project layout, the grading plan, and other existing site constraints. This includes evaluating historical runoff, investigating routing for design storms through the development, determining what improvements and structures are necessary along with required design capacity, and evaluating offsite drainage which may affect or be affected by the development. The policy and guidelines outlined in the Weld County Subdivision Regulations and technical data from the Larimer County Storm Water Management Manual have been utilized for planning drainage facilities. A major storm drainage system and a minor storm drainage system have been planned as shown on the Master Drainage Plan. The major storm drainage system has been designed to convey runoff from a 100-Year storm through the development in a manner which minimizes health and life hazards, damage to structures and interruption to traffic and services. The minor storm drainage system has been designed to convey runoff 1-1 from a 2-Year storm, and/or nuisance flows, through the development with a minimum disruption to the urban environment. r Findings, Conclusions and Recommendations The principal findings, conclusions and recommendations which arise out of this Drainage Study are presented below. These findings are supported by the detailed material presented in the body of the report. 1) Offsite Drainage and Existing Drainage Patterns. Offsite drainage tributary to the project site consists of storm runoff from the K&C Motors property which is located adjacent to the Southwest corner of the site, and runoff from approximately 15 acres situated adjacent to the South boundary of the site. Currently storm runoff from these two offsite areas and from about 96.7 acres of onsite area, drains in a Northeasterly direction following existing surface drainage patterns to the Baugh Lateral Ditch. The Baugh Lateral Ditch meanders across the site from a point near the Northwest corner to approximately the midpoint of the East boundary line. Based on calculations presented in the appendix the two year historical release rate for the 96.7 acres of onsite area which drains into the Baugh Lateral Ditch is 23.0 CFS or .238 CFS/AC. As can be seen on the Master Drainage Plan, it is proposed that a swale be constructed along the South boundary line to divert drainage from the area South of the site East to the Roadside Ditch for County Road 9 1/2. This storm runoff could then flow North to the Baugh Lateral Ditch. The storm water release from K&C Motors has been routed through the site to discharge points into the Baugh Lateral Ditch. It is proposed that each individual lot be required to detain storm runoff and release it to discharge points at a rate not more than the historical 2 year flow rate. Currently, there are two (2) storm water discharge points for the site area that is North of the Baugh Lateral Ditch. As can be seen on the Master Drainage Plan, there is a 12" CMP which crosses County Road 32 at a point along the North boundary of Lot 6, Block 1. The tributary area for this culvert is Lots 4-7, Block 1. It is proposed that as these lots develop, they be required to limit storm water runoff to a pro rated share of the capacity of the 12" CMP. Based on calculations shown in the appendix, this establishes an allowable release rate of 0.2055 CFS/ acre. There is also a 12" CMP which crosses County Road 32 at a point near the Northeast corner of Lot 2, Block 1. The tributary area for this culvert is Lots 1-3, Block 1. It is proposed that as these lots develop, they be required to limit storm water runoff to a prorated share of the capacity of the 12" CMP. Based on calculations shown in the A appendix, this establishes an Allowable Release Rate of 0.283 CFS/acre. ■ 1-2 ■ 2) Baugh Lateral Ditch As can be seen on the Master Drainage Plan, the Baugh Lateral Ditch meanders across the project site from the Northwest corner to approximately the midpoint on the East boundary line. It is proposed that a concrete liner be installed in this ditch and that it be re-aligned to be within an 80 foot wide easement as shown on the subdivision -plat. The ditch has historically intercepted storm runoff from about 97 acres of the project site area and storm runoff from any tributary offsite area. Because this ditch has historically accepted storm ruboff from the project site, and based on conversations with representatives the Ditch Company, it is proposed that onsite detention be required to limit the discharge into the ditch to not more than the historical 2 year peak flow rate for the onsite area. Drainage structures have been planned and designed as shown on the Master Drainage Plan to control the flow and discharge points into the ditch. Based on calculations shown in the appendix, the historical 2 year peak flow rate for the onsite area is 23 CFS or 0.238 CFS/acre. It is proposed that as each individual lot develops, it be required to submit a drainage plan to the Ditch Company and Weld County for approval. This Drainage Plan must detail the detention requirements based on a storm water release rate of 0.238 CFS/acre for a 100 year storm and the proposed individual site development plans. The allowable Release Rate for each lot is shown on the Master Drainage Plan. Based on conversations with representatives from the Ditch Company, the new ditch section has been designed to have as a minimum,the same capacity as the existing ditch section. Based on existing topographic and a typical cross-section,the existing ditch has capacity for about 100 CFS at bank full conditions. The proposed ditch section is concrete lined for a depth of 2 feet. The concrete liner has a bottom width of 4 feet and 1.25 to 1 side slopes. The top 2 1/2 feet of ditch section is grass lined and has been designed with 4:1 side slopes. The total capacity of the proposed ditch section is about 123 CFS at bank full conditions. The ditch crossings and culverts have been designed with minimum capacity of 100 CFS. 3) Detention Facilities The allowable release rate for each individual lot has been shown on the Master Drainage Plan. The approximate storm water detention volumes for each lot have also been indicated and are based on a site runoff coefficient of 0.75. The final runoff coefficients may vary depending on final individual site conditions, therefore, the final detention volumes may vary slightly from those indicated on the Master Drainage Plan. The final detention volumes for each site must be determined as a part of final site design for each site. I 1-3 ■ 4) Onsite Storm Drainage System The onsite storm drainage system consists of roadside swales which drain to discharge points into the Baugh Lateral Ditch and to existing drainage crossings at County Road 32. These swales have been designed with minimum capacity for proposed release rates 1 from the tributary onsite area with an allowance for existing flows from the tributary offsite areas. The required drainage structures, such as swales, street crossings, storm drains and drainage ways should be constructed along with the streets and overlot grading. The developers of individual lots will then be required to route storm water to these design 1 points by approved methods compatible with the grading and development plan, Weld County drainage criteria and other requirements presented in this report I 5) Erosion and Sediment Control Plan The following describes the proposed measures for controlling Onsite erosion and sedimentation onto downstream property, during construction. It is proposed that soil exposure be kept at a minimum during overlot grading and straw bale dikes, silt fences and/or sediment ponds where practical be used to filter storm water prior to discharge into the existing downstream drainage facilities. The final details of the erosion control plan should be included in the final construction plans and in the Final Drainage Report for each individual site development plans. 1-4 -L iit 1 I I ..14 / I �, to� 1 II I NT • X 9111 li U z< 1 1 W ti ! II W 1 / V I 11 v 11 I ; ; I I I 1 11 1 II N 1 • - Q ,— .rgx,-r IIII • 1. ws vRaxF--'- -L• I I I 1 I I INI II _ Z s • I' ,lll^y 1 T I� IIIII I Q • ;;I ; lli II s. 34.1 i I 3" I II I ' CC irli { I!, ' 1 1— a 1 II I Il O ¢II il Ir v + Ip III I ;' I ', �N ` �' 1 I I' I I • I` 1 I /,, m cWi 1 'y II 1 W II ,I 6� mI ii ill ! n � Wm t. a1 H IIJI /t �W 61 { I in I ' x\ o W 11 I: �� Il �ll F n CQ i. i � \ W' I1111 �I11 C,,= ii \ \ \ I i I 1 I _ f I : ; \i: I l r 71/ l / \ I � vv11U i I'1 I Q ; \ \ \ I IN 3 l II N I \ 1L \ / 1 / / CC Ii1 \ ra; \ \\\I\\ i I ' I/� r/ # ` 1 V c il DII II / III y} Oa \:'1\ I / I // Z N U i ( K / \ ii V,j F co /' < / Y • i' • \ P C J "! Iif II '� CI 1A/ / / J< 1' 1 i V,ca i 03 ; I _II N � .ki � �N/ Ui FZ '{r? p2 I I T ]F N NZw I /CC of % %,/0.3` ; d fit` .\ !! i gee �1/ , 1� , ,- / . //1' � I i 1 7 &"�,J,i� /%'% J II . ' / --- 't-" . .Cis© - �1/4-1 EAST FRONTAGE R0A0— c.[�_( I - � -/. �- . 1 U. WELD COUNTY ROAD 9.J s[nnx s[ __4ie—Oa Or Rost - ra.�•. • _____ ✓ tr s+.a-_- -“r-----r— s .k U... r//— ,L,...,.. " a GH aEJ m p J.M. —ua.— ry r p e" 1 Y' ; I , III 1 I I . ' LL jl /I Id I I I %. .'\\ tr. 1 I . I I eat I ; I I I III 1 1 , 1 I I W ; ram/ - \\ ..f1 - : Q . -2. ` x�1 5 41 i3 Ilj J 11 I 1 1— ti„ �— ..-`` Q ` ^ tie-,1 \1 0 J p \\ J W Ji j ty II: iii--.,--... ! � , \\ \^ i fa)L„,,,./ ill I1 I 1-r I I 1 , W� \\ P8 I IItill i I I\\\II I 1 W W \\\ I / 1 ------1. I I °I I I II I r. \ - 1 1 I \\ It; I, 1 1 I I j '\\ I 1 I VII IlI' 1 1 1 \\\ 1 • )t , la '� I I '� 3r \J I I /' I ILI I 1m3\\\ 1 I41 J I II' / / 1 \Yh • 1i 19 171;f3'O I \\ \ . J. , .11//� it Ir il I I' d\ I I I 1 1\\\\ // fir/� ; laid I I , 3 Wm I { 1 I I a/ of I I -I-I/31 /9.F/ ! I ° 1 li ii Ix' ' 111/ 1 I1• 1i J(f7t / , I1I .z �1 \ \ I II I.C. 1 I /' �, \ I. I:- [ j / I I I ; 4 \ I— 'l , � I I [ rvj 11 I / j, U / I , • , 31 03 oII1 I ' ill I pN I 1 = I • ii X1111• I Y Iv7 I I 1 Xa• Iy W f ! I r W III II I �a Ii S �I \ F N zee, I'/ , • Illi m ' o Et-Ca 1 N ' T II + I I I E I 1 1 I' W I W W I r ` I II. O� ' I III 1� QI I I'- ! III I ti�;IIIgIGI� Z ;;;1474`'.°----e-1 I11 T I,r Ia�I111� Q I • i . I I I I I i• 33 1 I \? .. I F � ; I11 1 I x°1 1,.;‘ `It. II • CC I1I I1 ; • • • n is }1 I � • . ' i. V S� 'p 5. r /- 3.-/ .� I _i I//; m t.' moo' ' 11.' i, / Po`Nc5 J .'i � qq /I.. ti . F J I / I / /W �O G I OY < / l l < w n' O boa / �< �/ Y �i�1 J,Y -I I ' m' . Li / OZ� i' z" I I n zF \ F r �o =ILO Pin :on : I' II Ow ,11 / Oc ,3e • ow z / �^` I" I ^�^ ;ll / J n/ o VI CI . ,w� oo 11 ww n > O N j �W W I i I I i I-_I ill I Z Oz : 1i/ o� II O 0w' II evi z< - /i z4 a ww I ii / I ,'ll on O¢ I / it _.t__ / / o„J d / r I) (I - _ ;// / .N �' 4 . I I ! I / : / /u o in 1 I a I 1 , l / < / is op U jr I I n / ' / / I-/n /ZY I / 1 N W p' // / w 1 �I (� I < w O1 /I N / / a / I J 1 Y I of 0a / / I' I I O/ I Fm 9 I / I . _ -J I.r. % ` n11 4 1 1 I / i �! it 15i,/ ` / • / .I / i I i N� ' / OU re.... / / "� / I - W Ya � W I I/ / r /z' 8wm J n' < W S I- Y ZL I . 1 �� I' o� ; r I' � I // / I ` I / I �r.v.••• 1 __...._ 1..__ i J L II_ s � - , ;- •-,.-1.4- a U . l ^ Ted Dry ale representing Zeek Partnership,LLLP Alfa Construction,LLC I-25 Business Park RV Safety Stabilizers,Inc. 4068 Camelot Circle Longmont,CO 80504 Office Ph.970-535-6074 Cell Ph.303-356-5806 Office Fax 970-535-6078 ted@alfapaving.com / WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT, CO 80504 /, PHONE:720-652-4210, EXT. 8730/FAX: 720-652-4211 Date: I a2(07C.) 20 Rece#pt No. 96 1 ; Received From: jie r k f'Lift/it z ;h,p Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH _ 4221-USR 4221-SITE PLAN REVIEW / /Nap cc/ vl 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB • #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS C 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. DCASH `$HECK NO. CcJC3S Z TOTAL FEE Receipted By: i- `.` DL# Exp. o , I --„fc„..,J I v • N. A al % 3 2c I� � f x, h .. it 33 i , .. 1 62 9 9% ima .1t, 9 t 9 { ¢$a X } R.+' �� Ma f F x 6F "^arm x cl Ale 4 ql ® , ; 1, f. a {_ _ _ I I:" F Y ` i 4 „ / �rt 5 11 A f; .. x tob§yg 1 1 ll _ Y ox re,,1in �p� w - 1.414N11IXtIfl 1� 11 I '� � fp 6'd�— � .r..m..m..-.,,e oe V wrtc+s i IX. iG1,-r is II, P r . MEAD x ' 1 h' / k yc ?:i sYi t!M tr J ' x4 1 '. 5 ;m� +' f 44 a.,. 14 ,. jr be ". w,*✓tc';`- r ' r-1/2. 4,.„.i Y k M ., Q .. ..is �6°4 Pik 114 r r4 yg4 4. ♦ 44.Ill '4. b� �/ 3A i ,. fir S4 S 400 mkt" 06 O tty iy � b G , is S. r f •¢` Zi to ♦ r 0. e. t • k4 24 : a€y � � 34 • 0 /94 0.120,1 Weld—2419138 1 Weld Coun"O P-CS Clerk/&SRecordei 12:351' LC I 01• l /�, If 5.00 U(K; ./ARRANTY DEED K & C DEVELOPMENT COMPANY, a Partnership a:,nwgn whose address is 14504 I-25 Footage Road, Longmont, CO 80504 'County of Weld ,State of Colorado ,for the consideration of Ten and no/100 dollars,in hand paid,hereby sell(s) and convey(s) ZEEK PARTNERSHIP, LTD., a Colorado limited partnership whose legal address is 14504 I-25 Frontage Road, Longmont, CO 80504 County of Weld ,and State of Colorado the following real property in the County of Weld ,and State of Colorado,to wit: Lots 1 through 9 and Lots 11 through 14, Block 1, and Lots 1 through 10, Block 2 Rademacher Subdivision According to the plat recorded thereof, Together with the following ditch and water rights: 1/4 share of the Highland Ditch Company, 2 shares of Baugh Lateral Ditch and Reservior Company and 24 units of Northern Colorado Water Conservancy District (Big T) Water. (Consideration less than $500.00 - no documentary fee required.) also known by street and number as 14504 I-25 Frontage Road, Longmont, CO 80504 with all its appurtenances,and warrant(s)the title to the same,subject to reservations,restrictions,easements,covenants, conditions and rights-of-way of record. • Signed this 2-1/4 day of ffDLYeago_J , I94 et, n_sr v zit, � (1 , f k NNETH ILLIAMSON, General Partner CONNIE S! WILLIAMSON, General Partner STATE OF COLORADO, )is. County of The foregoing instrument was acknowledged before me this a' day of 'jlouCsn bw ,19 94 , by KENN - WILLIAMSON and CONNIE S. WILLIAMSON, General Partners of K & R .4*--,- T COMPANY, a Partnership. My ., ,'sslaiitn:i(gsN� -I-� � Witness my hand and official seal. h;' ''.eD O' 1t 1 z, rc ' , c_.. , a LuLt C BV dd r i ) i _.. Hour M& or J1 'If In e No.897.Rev.12-x5. WARRANTY DEW Rem)eml 'hi1 II:odlerd rnbli,ll"r,❑.J Woo Si..Denver.CO SO:A3—(03(21b2fpm—fee 3-31-2006 10:52AM FROM JL WALTER 9702031147 P. 3 J L Walter Consulting 114 E. 5th Strut Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 January 18,2006 Mr.Michael T.Cook,P.E. District Engineer Little Thompson Water District 835 E.Highway 56 Drawer G Berthoud, Colorado 80513 RE: Lot 5,Block 1, Amended Plat of the Rademacher Business Park Final P.U.D. Dear Mr. Cook, Please find enclosed a copy of the Site Plan for the referenced project to be submitted to Weld County. The site will require an 8"waterline extension to two(2)fire hydrants to be located as shown on the site plan. As you can see,the main will be extended from the existing fire line located at the Southwest corner of Lot 5. Attached is a legal description for the proposed water main extension as is relates to Lot 5. The project is for cold storage only,therefore,no restroom facilities will be included with the project. However,water service will be required due to landscape requirements. The building will have a fire suppressant sprinkler system as part of the design. If approved, please provide a"Can Serve" letter for our use to submit to Weld County. If you have any questions or comments regarding the enclosed Site Plan,please advise. Sincerely, 3 L Walter Consulting J L Walter CC: Zeek Partnership Ltd. Attachment J L Walter Consulting 114 E. 5th Street Loveland, CO 80537 (970)613-2037 FAX (970) 203-1147 January 18. 2006 Mr. Michael T. Cook, P.E. District Engineer Little Thompson Water District 835 E. Highway 56 Drawer G Berthoud, Colorado 80513 RE: Lot 6, Block 1, Amended Plat of the Rademacher Business Park Final P.U.D. Dear Mr. Cook, Please find enclosed a copy of the Site Plan for the referenced project to be submitted to Weld County. The site will require an 8"waterline extension to two (2) fire hydrants to be located as shown on the site plan. As you can see, the main will be extended from the existing fire line located at the Southwest corner of Lot 5. Attached is a legal description for the proposed water main extension including that across Lot 5 as well as that required as part of Lot 6. The project is cold storage only. No restroom facilities will be included with the project and therefore, no water service will be required. If approved, please provide a "Can Serve" letter for our use to submit to Weld County. If you have any questions or comments regarding the enclosed Site Plan, please advise. Sincerely, l L Walter Consulting J L Walter CC: Zeek Partnership Ltd. Attachment REFERRAL LIST i. Name: Zeek Partnership .P c/o Kenneth Williamson Case#: SPR-397 County Towns &Cities Fire Districts _Attorney _Ault _Ault F-1 z Health Department _Berthoud _Berthoud F-2 _Extension Office Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority z Firestone _Hudson F-7 z Building Inspection _Fort Lupton _Johnstown F-8 z Code Compliance_Ann_Beth _Frederick _LaSalle F-9 z Kim Ogle (Landscape Plans) _Garden City z Mountain View F-10 Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div._ of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board z Longmont _Wiggins F-18 Oil & Gas Conservation Commission z Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce Commissioner _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _z_Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs _School District RE- USDA-APHIS Vet Service _Central Cola Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist (MUD Area) _Federal Communications Comm _z_Little Thompson Water District r Name: L-C C (7 //<4-3Y rt i- t4 t, C REFERRAL LIST Case#: County Towns&Cities Fire Districts Attorney Ault _Ault F-1 4,Heal h Department _Berthoud _Berthoud F-2 k _Extension Office _Brighton Briggsdale F-24 Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 _Sheriffs Office Eaton Eaton F-4 A _(Public Works _Erie _Fort Lupton F-5 _Housing Authority Evans _Galeton F-6 Airport Authority _Firestone _Hudson F-7 )�.Bulkting Inspection _Fort Lupton Johnstown F-8 x"Code Compliance SS-A ..._-t4-Beth _Frederick LaSalle F-9 ,/, Kim Ogle(Landscape Plans) _Garden City 7jvlountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 _Div.of Water Resources Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society Lochbuie _Union Colony F-20 P7 N`"' i _Water Conservation Board XLongmont Wiggins F-18 23- 3 -E _Oil &Gas Conservation Commission 4CMead _Windsor/Severance F-17 p,-", /'c..r .',n _Milliken P„ 6 ,,,. ..LJ, er Division of Wildlife _New Raymer Legal L 0 7 r G 0L.. I fcfro cv.4 "'Y‘.. _South Hwy 66 (Loveland) _Northglenn L ; 3 ✓J ,-2CE Parcel ID# _North Hwy 66(Greeley) _Nunn Zone P-'C C -3 I3 Acres? i i 'i Division of Minerals/Geology _Pierce ( 2 O 7 3 -t 0 ' i USDA i•rr wr r t,.,_. :--) _Platteville Airport ti';-) Soil Conservation Districts _Severance Geo Haz /J.: _Big Thompson/FTC _Thornton FP? '/k5 Panel# S i 6 c. XBoulder Valley/Longmont _Windsor IGA? KJ.> ORD# _ _Brighton/SE Weld MUD? )J;, _Centennial Counties _Greeley/West Greeley Adams �7J )1, _Platte Valley _Boulder l`_% West Adams _Broomfield Little Thompson _Larimer 3-a r Federal Government Agencies Other _US Army Corps of Engrs _School District RE- f _USDA-APHIS Vet Service _Central Colo.Water Conservancy Dist 1 _Federal Aviation Admin (Structures _RR 7/ • over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport _Art Elmquist(MUD Area) Federal Communications Comm (.tie 71"'rrJi, r-iii'R" 2'S^`,,_' 7 Wv VA) (1 Commissioner ^~ Weld County Planning Department S0UTHWCST BUILDING? APR ?, 02006 RECEIVED Weld County Referral I D O April 3, 2006 COLORADO ,/ • The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership LLLP c/o Case Number SPR-397 Kenneth Williamson Please Reply By May 1, 2006 Planner Jacqueline Hatch Project Site Plan Review for cold/dry storage units Legal Lots 5&6 of Block 1, Rademacher Business Park, being part of the NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 0.5 mile east of 1-25 and south of and adjacent to CR 32. For a more precise location, see legal. Parcel Number 1207 23 020005& 1207 23 020006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature 1.\\ ei--4 I r Zn /o Agency ) � �( e n Date ❖Weld County Planning Dept. +4209 CR 24.5, Longmont,CO.80504 +(720)6524210 ext.8730 ❖(720)652-4211 fax APR.13.2006 9:22RM NO.872 P.2/2 1 regrerk ,__ !a1c10cP11nt3 Referral (C, APR 0 F. 1006 April 3,2006 F •i S ADO } ;s►y. The Weld County Department of Planning Services has received the following Item for review: Applicant Zeak Partnership LLLP cio Case Number SPR-397 Kenneth Williamson Please Reply By CMOS Planner m+- "'-" Project Site Plan Review far Cold/dry storage units Legal Lots 5&6 of Block 1,Rademacher Business Park. being part of the NW4 of Seotion 23,T3N,ROW of the 6th P.M.,Weld County,Colorado. Location Apprazirnately 0.5 mile east of 1-26 and south of and adjacent to CR 32. For e more precise location,see legal. Pamel Number 1207 23 020006&1207 23 020008 The application Is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation, My response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the'Planner associated with the request. Please note that new Information may be added to applications under review during the review process, ft you desire to examine or obtain this additional Information, please nil the Department of Planning Services. UWe have reviewed the request and find that ft does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature £UWVI1rosol,LG - /} t (3,uo Agency C iill Bb WYLSe1,14451,0c Date *weld County Planning Dept. 64209 CR 24.5,Longmont,CO.50504 0(720)6524210 446730 +020)0524211 fax vo alpf ‘it, Weld County Referral wilgC• ) April 3, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership LLLP do Case Number SPR-397 Kenneth Williamson Please Reply By May 1, 2006 Planner Jacqueline Hatch Project Site Plan Review for cold/dry storage units Legal Lots 5 &6 of Block 1, Rademacher Business Park, being part of the NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 0.5 mile east of 1-25 and south of and adjacent to CR 32. For a more precise location, see legal. Parcel Number 1207 23 020005& 1207 23 020006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U 4'e have reviewed the request and find that it does/does not comply with our Comprehensive Plan IL�J/We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature kt CO✓I — Agency (1h 5 v- .(/ r V Date +Weld County Planning Dept. ❖4209 CR 24.5,Longmont,CO.80504 4(720)6524210 ext.8730 4(720)652-4211 fax Weld County Referral C, April 3, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership LLLP c/o Case Number SPR-397 Kenneth Williamson Please Reply By May 1, 2006 Planner Jacqueline Hatch Project Site Plan Review for cold/dry storage units Legal Lots 5&6 of Block 1, Rademacher Business Park, being part of the NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 0.5 mile east of 1-25 and south of and adjacent to CR 32. For a more precise location, see legal. Parcel Number 1207 23 020005 & 1207 23 020006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan fa We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: 1 pr\ y o r 4 `�Q �� OrscL(Nuic . ; .h 0 t\-'L oC re OO4-cri, Signature -' No'\ � Co Agency � p(lr1(Y1 Date +Weld County Planning Dept. +4209 CR 24.5,Longmont, CO.80504 ❖(720)652-4210 ext.8730 +(720)652-4211 fax Jun 09 06 02: 51p p 1 LITTLE THOMPSON WATER DISTRICT fleecier,: Telephone(970)532-2096 ReMn Doggie,Reeideni June 9,2006 Jim Cooper l t Dm E'.Highway 16 Mee Juneau luma,CO nos u Dave Lorenz www ItwA.rrre Richard Meenmlem DGary Olson R Al,,Setter, istriel Manner: Richer HAL NTittel Ted Drysdale Zeek Partnership 4068 Camelot Circle Longmont, CO 80504 Dear Ted: This letter is in response to your request for an updated water service commitment for lots 5 and 6, Block 1, I-25 Business park: The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. We currently have a 12" diameter water line located throughout the 1-25 Business Park and can provide service to lots 5 & 6. The meter pits are installed and ready for the taps to be purchased. If you have questions, please contact me. Regards, Michael T. Cook District Engineer soH, ‘, R �C. LI April 3, 2006 COLORADO APR p-�R5� ��20w��°�KC ��p The Weld County Department of Planning - s4ceiVt7'tnL'ftltibWtn• em for review: Applicant Zeek Partnership LLLP c/o Case Number SPR-397 Kenneth Williamson Please Reply By May 1, 2006 Planner Jacqueline Hatch Project Site Plan Review for cold/dry storage units Legal Lots 5 &6 of Block 1, Rademacher Business Park, being part of the NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 0.5 mile east of 1-25 and south of and adjacent to CR 32. For a more precise location, see legal. Parcel Number 1207 23 020005 & 1207 23 020006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. \i4�1 See attached letter. Comments: Signature llA6b 6 Agency Atira Date +Weld County Planning Dept. ❖4209 CR 24.5,Longmont,CO.80504 +(720)652-4210 ext.8730 +(720)652-4211 fax Mid County Planning Department GREELEY OFFICE APR 2 7 2006 jittC(9\ , MEMORANDUM RECEIVED TO: Kim Ogle, Planning DATE: 26-April-2006 ID WI C FROM: Jesse Hein,Public epartment COLORADO SUBJECT: SPR-397, eek Partnership LLLP (Site Plan Review) Weld County Public Works Department has reviewed this Site Plan Review request. Comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments ❑ The external roadways are capable of handling anticipated traffic from the proposed facility. ❑ The applicant shall conform to all standards of the Americans with Disabilities Act as required. ADA requirements shall be met for this site. Parking Lots shall conform to all standards of the Americans with Disabilities Act. Public Works recommends striping of the parking to identify the ADA space(s)with the appropriate symbols and signs. Total number of spaces and number of ADA spaces shall be noted on the plan drawing. ❑ The applicant will not be allowed to park or utilize any portion of the road right-of-way, and provide no improvements(entrance medians)within public right-of-way. ❑ If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert,calculations must be provided to substantiate the flows. ❑ The applicant shall reduce the number of access points to the site for safety concerns. It appears that one(1)access entrance point from Camelot Circle to each lot is appropriate for the proposed development. ❑ A 30'right-of-way for the Oil and Gas access road shall be documented and shown on the plat drawing. ❑ Storm water drainage has been addressed by Mr.Brian Varrella, P.E. of the Public Works Department. The applicant shall work with Mr.Varrella to address any storm water/drainage concerns. Please see the attached memorandum dated 25-April-2006. Recommendation ❑ The Public Works Department will continue the review process for this site plan once we receive the requested submittal materials. The applicant shall address the comments listed above for this review process. The review process will continue only when all appropriate elements have been submitted. Issues of concern must be resolved with the Public Works Department prior to recording.* *PC: SPR-397,Zeek Partnership LLLP(Site Plan Review) Email&Original: Kim Ogle PC by Post: Zeek Partnership LLLP. Page 1 of 1 0-4;k:r. MEMORANDUM TO: Jesse Hein, E.I. P bli Works Department DATE: 26-April-2006 Wi`P 0 • 0 FROM: Brian Varrella, P.E.,Public Works Department COLORADO SUBJECT: Cold Storage Lots 5 and 6, SPR-397 Drainage Comments ❑ A drainage plan sheet has not been submitted as part of the drainage report. The applicant must provide a plan sheet of existing and proposed hydrologic conditions and hydraulic features before the drainage report can be reviewed. ❑ Offsite drainage issues have not been addressed in this submittal. The applicant must show offsite flow contribution areas and manage historic 100-year offsite flows through the property. o The release rates for onsite detention specified in the Master Drainage Plan and Report for Rademacher Business Park P.U.D. from Landmark Engineering Ltd. (1996) should be verified following recent development in the area. If the assumptions presented in the report are valid and applicable to recent construction, the release rates may be acceptable. Weld County CODE specifies the applicant must detain the 100-year developed flow from the site and release it at a rate not to exceed the 5-year historic discharge. However, if the Master Drainage Plan and Report requires a lesser release rates based on downstream infrastructure capacity, these release rates shall dictate to total allowable release from the site. o Please show calculations for outlet structure sizing for the detention pond, and discuss in the report. o Please provide an emergency overflow section for the pond with appropriate erosion control. The,appl€eantAalla`dd the " ents lid afi*E:eficontinue when all appropriateel t hav n ': r tied issues an e l t he Work .', V been . .°°ent 1 tfkt rng' Page 1 of 1 .._. A Weld County lam 4 Department -� GREELtY OFFICE MAY 0 5 2006 r1( MEaC1 ECEIVED MORANDUM f$ lin TO: JACQUELINE HATCH,PLANNING SERVICES IlDSUBJECT:SPR-397 FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH (J4 C. ATE:�00032006 EEK PARTNERSHIP LLLP C/O KENNETH COLORADO CC: Environmental Health Services has reviewed this proposal for cold/dry storage units. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall provide current evidence that the facility has an adequate water supply (i.e., well or community water system). The applicant has provided a letter of request for a "can serve" letter from Little Thompson Water District. 2. The applicant shall submit evidence of compliance with the Air Pollution Control Division (APCD), Colorado Department of Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to the Divisions' requirements. 3. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as conditions that must be met prior to operation: 1. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. e recommend that the following requirements be incorporated into the permit as conditions that must be met prior to the issuance of the Certificate of Occupancy: 1. An individual sewage disposal system is required for the proposed office facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan". 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 2 6. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. 7. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. 8. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 9. The facility shall utilize the existing public water supply. (Little Thompson Water District) 10.All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). 11.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 3 RECENT—, APR, 0 6 2006 Weld County Referral Wel C Aprldty Planning Department • HWEST BUILDING COLORADO APR 2 0 2006 The Weld County Department of Planning Services has received the following item for refe CLEWED Applicant Zeek Partnership LLLP do Case Number SPR-397 Kenneth Williamson Please Reply By May 1, 2006 Planner Jacqueline Hatch Project Site Plan Review for cold/dry storage units Legal Lots 5 & 6 of Block 1, Rademacher Business Park, being part of the NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 0.5 mile east of 1-25 and south of and adjacent to CR 32. For a more precise location, see legal. Parcel Number 1207 23 020005 & 1207 23 020006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. Seems C-024 4444-e4.4.4... Comments: —Tice_ y ��utiR Bo ackn � � /? 442_4_ rcur d F9 lie._ T&z t<I._ },, -fig T rA Signature /Ult./Lite 11. FJt,GateiA_)A.a-TcWtz /2 408104 Agency �/Wyt. rf _4_ phi Date +Weld County Planning Dept. ❖_42209 CR 24.5, Longmont,CO.80504 ❖(720)652-4210 ext.8730 ❖(720)6524211 fax Weld County Referral C. April 3, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership LLLP c/o Case Number SPR-397 Kenneth Williamson Please Reply By May 1, 2006 Planner Jacqueline Hatch Project Site Plan Review for cold/dry storage units Legal Lots 5&6 of Block 1, Rademacher Business Park, being part of the NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 0.5 mile east of 1-25 and south of and adjacent to CR 32. For a more precise location, see legal. Parcel Number 1207 23 020005 & 1207 23 020006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan pp❑� We have reviewed the request and find no conflicts with our interests. �] See attached letter. Comments: Signature Z � S y- OG Agency � + Date ❖Weld County Planning Dept. ❖4209 CR 24.5, Longmont, CO.80504 +(720)652-4210 ext.8730 .(720)652-4211 fax DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10`"Street GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 •f��j�. FAX (9(970) 304-304-6498 ' SOUTHWEST OFFICE 4209 CR 24.5 LNGMONT CO 80504 C. PHONE (720)652-4210 O FAX(72)652-4211 COLORADO May 4, 2006 Zeek Partnership LLLP c/o Kenneth Williamson Site Plan review for cold/dry storage units SPR-397 1. A separate building permit shall be obtained prior to the construction of any building. 2. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Commercial building plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code;2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. The storage units will probably be classified as a S-2, the office area will probably be classified as a B occupancy. 6. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 7. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements,buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. 8.Approval from Mt. View Fire district will be required before any building permits can be issued. Please contact me fora y further information regarding this project. -4°77( Bryon Horgen Assistant Building Official Weld fqunty Planning Departme tt't )THWEST BUILDINGRECEI 1�lp(q 11 � a APR 1 7 2006 / Weld County eerral C. April 3, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Zeek Partnership LLLP do Case Number SPR-397 Kenneth Williamson Please Reply By May 1, 2006 Planner Jacqueline Hatch Project Site Plan Review for cold/dry storage units Legal Lots 5 &6 of Block 1, Rademacher Business Park, being part of the NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 0.5 mile east of 1-25 and south of and adjacent to CR 32. For a more precise location, see legal. Parcel Number 1207 23 020005 & 1207 23 020006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature J (98 y I t tAkoc, Agency t�l !t ,l - Q ti i ATZ*- Date +Weld County Planning Dept. +4209 CR 24.5,Longmont,CO.80504 4(720)652-4210 ext.8730 4(720)652-4211 fax MpUNTqm, MOUNTAIN VIEW FIRE PROTECTION DISTRICT • �f+ a Administrative Office: c .pu j s 9119 County Line Road•Longmont, CO 80501 e1+ (303) 772-0710• FAX (303) 651-7702 e VIEW April 14, 2006 Ms. Jacqueline hatch Weld County Planning Department 4209 Weld County Road 24.5 Longmont, CO 80504 Dear Ms. Hatch: I have reviewed the submitted material and preliminary site plans for the proposed the Zeek Partnership storage units proposed for Lots 5 and 6, Block I in the Rademacher Business Park (Case Number: SPR-397). The Fire District has the following comments with regard to the plans: • The largest building appears to be about 25,600 square feet. If constructed of type II-N or III-N construction, the required fire flow for the largest building is 3,500 gallons per minute, measured at a residual pressure of 20 pounds per square inch. Based on flow tests conducted in the area, the Fire District recognizes the required fire flow is available to the site. Proposed hydrant locations along with existing hydrants on Camelot Circle are acceptable. However, it appears that one of the hydrants may be located in an area where a tree may be planned. If ground cover and shrubbery is desired around fire hydrants for aesthetic purposes, the ground cover and shrubbery may not exceed 4 inches height. • Fire apparatus access is not adequate as shown on the plans. Fire apparatus access must be provided to structures so fire apparatus may reach to within 150 feet of all portions of the building as measured by an approved route around the exterior of the building. This access has not been provided to the far north building. • Building construction plans and the final site plan showing the gross square footage of the building and building construction type must be submitted to the Fire District for review and approval before building permits may be issued. • A final inspection of the occupancy will be required by a member of the Fire District before any Certificate of Occupancy is issued from Weld County. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 14308 Mead St.,Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 Ms. Jacqueline Hatch April 14, 2006 Page Two Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions, please contact me at (303) 772-0710. Sincerely, csjs____±.2±-c) cr.()j LuAnn Penfold Fire Marshal LMP/lp cc: J.L. Walter Consulting, 114 E. 5th Street, Loveland, CO 80537 project file !p04.22.06 MpUNTqm, MOUNTAIN VIEW FIRE PROTECTION DISTRICT a Administrative Office: 9119 County Line Road• Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 VIEW Weld County Planning Department SOUTHWEST BUILDING JUN 7 2006 June 5, 2006 RECEIVED Ms. Jacqueline Hatch Weld County Planning Department 4209 Weld County Road 24.5 Longmont, CO 80504 Dear Ms. Hatch: I have received a revised site plan for the proposed Zeek Partnership storage units proposed for Lots 5 and 6, Block 1 in the Rademacher Business Park (Case Number: SPR-397). The revised site plan shows 20 feet of asphalt paving on both sides of the far north building, which now provides adequate access for the proposed building. Building construction plans and the final site plan showing the gross square footage of the building and building construction type must be submitted to the Fire District for review and approval before building permits may be issued. A fmal inspection of the occupancy will be required by a member of the Fire District before any Certificate of Occupancy is issued from Weld County. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303) 772-0710. Sincerely, LuAnn Penfold Fire Marshal LMP/lp cc: J.L. Walter Consulting, 114 E. 5th Street, Loveland, CO 80537 project file Ip06.03.06 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 14308 Mead St.,Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette.CO Erie,CO 100 So.Forest St. 80501 80504 Mead CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 W,puNrq/,y MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road • Longmont, CO 80501 E ,• e (303) 772-0710• FAX (303) 651-7702 view Weld County Planning Department SOUTHWEST BUILDING JUN 2 F 2006 June 22,2006 RECEIVED Mr. Kevin Schultz Alfa Construction 4068 Camelot Circle Longmont, CO 80504 Dear Mr. Schultz: 1 have reviewed the submitted material pertaining to the construction of a cold storage facility located at 4073 Camelot Circle. Plans are approved in accordance with the following comments and stipulations: • Buildings shall be designed and constructed in accordance with the provisions of the Uniform Fire Code, as ratified by Weld County. • Proposed hydrant locations along with existing hydrants on Camelot Circle are acceptable. If ground cover and shrubbery is desired around fire hydrants for aesthetic purposes,the ground cover and shrubbery may not exceed 4 inches height. • Fire apparatus access appears to be adequate as indicated on the plans. Fire apparatus access roads must be designed and maintained to support the imposed loads of fire apparatus (75,000 pounds) and must have a surface that provides all- weather driving capabilities. The entry gates must be provided with a Knox brand key switch, Knox brand padlock, or a Knox brand key box mounted outside the facility. An application for the Knox brand items listed above has been attached and should be returned directly to the Knox Company. • Five-pound dry chemical, ABC extinguishers shall be located on the site at accessible locations. Extinguishers shall be located in weather-proof cabinets and mounted 3 to 5 feet above grade. Extinguishers shall be provided with current inspection tags. A fire extinguisher shall also be located within the office area. • A final inspection of the site will be required by a member of the Fire District before final approval for the facility is given by Weld County. Station 1 Station 2 Station 3 Station 4 Station 5 Station 8 Station 7 9119 Cory Line Rd. 14308 Mead St.,Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie.CO 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 Mr. Kevin Schultz June 22, 2006 Page Two Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process and should you have any questions, please contact me at (303) 772-0710. Sincerely, LuAnn Penfold Fire Marshal LMP/lp cc: project file 1p06.21.06 Weld County Planning Department GREELEY OFFICE ThrsiAparl MEMORANDUM JUL 1 9 2006 RECEIVED TO: Jaqueline Hatch,Planning Services DATE: 10-July-2006 WIlD Q FROM: Jesse Hein, Public artment COLORADO SUBJECT: SPR-397,Zeek Partnership LLLP(Site Plan Review)2 Weld County Public Works Department has reviewed this Site Plan Review request. Comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments The following memorandum is a follow up to previous comments dated April 26,2006. ❑ The external roadways are capable of handling anticipated traffic from the proposed facility. ❑ The applicant has met all ADA requirements for on site parking. ❑ The new proposed access points are acceptable to Public Works. ❑ Sight distance triangles shall be provided at all intersections. All landscaping within the triangles must be less than 3'/2 feet in height at maturity, and noted on the site plan map. ❑ The 30' oil and gas access easement is acceptable to the Public Works Department ❑ The applicant has submitted an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance), which is generally acceptable to Public Works. o The applicant must verify the unit cost for the street paving(per Ton) with a bid submitted on company letterhead to the Public Works Department. o The Engineering and Supervision Costs of$9,500 is too low and shall be modified to $19,000. (roughly 10% of the total estimated cost) ❑ Storm water drainage has been addressed by Mr. Brian Varrella,P.E. of the Public Works Department. The applicant shall work with Mr. Varrella to address any storm water/drainage concerns. Please see the attached memorandum dated 7/17/06. Recommendation ❑ The Public Works Department recommends approval for this site plan upon completion of the requirements stated above. The applicant shall address the comments listed above for this review process. The review process will continue only when all appropriate elements have been submitted. Issues of concern must be resolved with the Public Works Department prior to recording.* •PC: SPR-397,Zeek Partnership LLLP(Site Plan Review) Email&Original:Jacqueline Hatch PC by Post: Zeek Partnership LLLP. PC by Post: JL Walter Consulting Attachment:Memorandum by Brian Varrella 7/17/06 Page 1 of 1 a t a MEMORANDUM IDTO: Jesse Hein, E. ., Public orks Dept. DATE: 17-July-2006 O FROM: Brian K. arre la,,P..E , Public orks Dept. C. p COLORADO SUBJECT: SPR-397 Cold Storage Lots 5 and 6 (Final Plan) Weld County Public Works Department has reviewed this Final Plan request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Drainage Comments ❑ Public Works received a Final Drainage Report and Plan for Cold Storage Lots 5 and 6(SPR-397)on June 19, 2006. The report was submitted by J. Tom Knostman, P.E. #30261, and is dated March 10, 2006 Final Plan Drainage Comments —the following items must be resolved prior to scheduling the Weld County Board of County Commissioners final plat hearing: ❑ The Final Drainage and Erosion Control Report and all construction plan sheets must be wet-stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. o Please add the following note to the text of the Final Drainage Report and Final Plat: "Weld County will not be responsible for the maintenance of drainage related areas." o Please address all redline comments in the drainage report and on construction plan drawings. ❑ A project vicinity map shall be included as a figure in the drainage report, clearly identifying the borders of the proposed development, bounding roads and properties, water features, north arrow, and approximate scale, as per Weld County CODE Sec. 27-9-10(1). ❑ Proposed development must provide for safe conveyance of offsite flows through the proposed development site as described in Weld County Storm Drainage Criteria dated February 2006. o All irrigation ditches shall be assumed to be full at the time of peak stormwater runoff, and will not intercept and divert stormwater runoff. ❑ Please provide detention for the entire site, including all of Lot 5 and all of Lot 6. o The storage calculation for the pond must have sufficient duration to determine the maximum required detention volume. The spreadsheet provided for this first analysis shows an increasing trend through the last row at a time of 185 minutes. The maximum volume was not calculated correctly, and the design for the pond, the outlet pipe and orifice plate, and the emergency overflow spillway must be recalculated. o The detention pond outlet structure must be designed to capture the 10-year water quality volume as per Weld County Storm Drainage Criteria. o The emergency overflow spillway shall be graded into proposed contours on the drainage plan sheet. • Please provide hydraulic calculations supporting the sizing of the emergency overflow. • The depth of flow out of the spillway shall be 6 inches or less. • The overflow spillway shall include appropriate erosion control to prevent breaching. Proposed erosion control measures must be supported with calculations. • Cutoff walls must be incorporated into the detention pond design to prevent breaching. ❑ Please verify elevations for the detention pond rim and emergency spillway. ❑ The areas reported in the text of the Final Drainage Report do not match those used to calculate the Tc in the appendix. This comment applies to Basin 6A and Basin 6B. Please correct for consistency. __,_ Page 1 of 2 ❑ Calculations for Basin 6C are not included in the Final Drainage Report, and the basin is not shown on the drainage sheet. Please show this basin and add calculations for required detention. Li Please provide calculations to verify the proposed 18" culvert extension between Lots 5 and 6 will be adequate to drain existing runoff from Camelot Circle and new flow contributions from Cold Storage. All culverts must be analyzed using methods that account for tailwater conditions, inlet and outlet control, and other considerations not covered in a normal depth analysis. o All culvert inlets shall include debris racks for public safety, and to prevent clogging due to the accumulation of debris. Debris racks shall be sloped at 3H:1V or flatter per UD&FCD research. ❑ Please provide appropriate erosion control at pipe outlets, overflow areas, channel bends, high shear stress channels and swales, or any other areas requiring erosion control. Design calculations must be provided to support the selection of any and all erosion control measures, and must show stable channel conditions prior to the establishment of vegetation. o A self-launching termination key with a design detail is required for rock riprap protection. o Please specify an appropriate geotextile filter fabric under the rock. The geotextile shall be identified by a product name and number, or approved equal. The selected product shall be fully documented with manufacturer specifications and installation procedures/drawings/details. o All proposed erosion control fabric(ECF) must be accompanied by appropriate termination details to prevent uplift by water and mowing operations. Selected ECF measures must be identified by product name and number, or approved equal, and shall be fully supported by manufacturer specifications and installation procedures/drawings/details. o The top of the ECF must terminate above the 100-year energy grade line (EGL)on all swales where Fr> 0.8. u The following items must be included in the Drainage Plan(s) in the construction plan set. o Please show offsite contours for a minimum of 200 feet outside property limits, and on all offsite areas flowing to the project site on the drainage and erosion control sheet(s). o All easements must be clearly identified and dimensioned. This includes but is not limited to, utility easements, drainage easements, oil and gas easements, County and State right-of-ways, and others. o Please remove entries in the Drainage Legend that are not used on the drawing. Please include correct line types and missing entries in the Drainage Legend. o A dedicated drainage easement is required for all areas of 100-year inundation and drainage conveyance features. This must be identified and dimensioned on the final plat and drainage plan sheets. o Please indicate the 100-year headwater depth (HW1oo) on all culverts in plan view. o Please indicate appropriate erosion control measures in plan view. u Please provide Storm Sewer Profile sheets in the construction plan set for all culverts and storm sewers. o Please provide a key map to indicate all profiles on the site relative to the Storm Sewer Utility Plan. o Please identify all existing and proposed utility locations. o Please show the 100-year hydraulic grade line (HGL100)for all pipes, and show the energy grade line (EGL100)at a minimum of 6 inches below the final finished elevation of manhole and inlet rim elevations. o Please indicate the size, material type, length, invert elevations, and name/number of every pipe in the subdivision. o Please identify the location, size, type, invert in/out elevations, rim elevations, and name/number of every manhole in the subdivision. A minimum drop of 0.10 feet is required through all manholes. o Please show the existing and proposed ground profiles over all culverts and storm sewers. o Please indicate the type, number, rim elevations, and clogging factors of all inlets. The applicant shall a dress-thWcomments list above daring this;FinatP i revtQ*process. Comments made diAling this stage of the revie rocesstnay not be alf-inctustve,as revised . Amateedals will have to t e-aub1nittetf and other conc=emsa r ism:teas will arise durina further review. ,aalrhe eview:process willjnorifyilmel6Wwherii all approprtate elem tints;have beeni`Submitted.rAny issues.of concerti Must be res yed witttttae µblic rks Depart ent prior to scheduling the Weld County$oard of County Commissioners Final Plat hearing. _ Page 2 of 2 ._... Page 1 of 1 Jacqueline Hatch From: Charlotte Davis Sent: Monday, July 10, 2006 4:36 PM To: Jacqueline Hatch Subject: WELDCO.doc Attachments: WELDCO.doc Jacqueline, The letter from Kevin as mentioned in earlier e-mail is attached. Condition regarding Air Pollution Control Division has been addressed. This condition has been met and can be removed. All health related conditions have been met. Best Regards, Char 07/10/2006 Page 1 of 1 Jacqueline Hatch From: Charlotte Davis Sent: Monday, July 10, 2006 4:30 PM To: Jacqueline Hatch Subject: SPR-397 Jacqueline, Condition for adequate water supply has been met. Little Thompson Water District can provide water. This condition has been met. Condition for Waste Handling Plan A plan has been submitted, reviewed and is approved by this department. This condition has been met. Condition regarding Air Pollution Control Division is not resolved as of this date. I spoke with Kevin colleague of Ted Drysdale, today, July 10, 2006 regarding this condition. He informed me that the storage units are not refrigerated as stated in their application. If this is the case CFC's (Regulation 15) are not a applicable. I asked that he send a written statement addressing this change. It is my understanding that he will send a memo to me via e-mail. When I receive the memo I will release this condition unless you have concerns about the change in useage. Let me know Best Regards, Char 07/10/2006 Zeek Partnership, LLLP 4068 Camelot Circle Longmont, CO 80504 July 10, 2006 Ms. Charlotte Davis Department of Public Health and Environment Weld County Administrative Office 1400 North 17th Avenue Greeley, CO 80631 Re: Site-Plan approval for Lots 5 & 6 of Block 1 of the Amended Plat of Rademacher Business Park Final P.U.D. - Dry Storage Dear Ms. Davis: The purpose of this letter is to confirm our conversation via phone earlier today. The buildings that are proposed for lots 5 and 6 will only be used for dry storage of recreational vehicles and commercial vehicles, and will not include any refrigeration units or be a climate controlled environment. Thank you for your consideration and feel free to call or contact me if you have any other questions regarding this matter. Sincerely yours, (de? Kevin E. Schulz Business Manager Zeek Partnership, LLLP June 8, 2006 Weld County Dept. of Planning Services 918 10th Street Greeley, CO 80631 Re: Lots 5 & 6, Block 1 Dear Sirs: In response to the request by the Town of Mead that the above referenced lots be annexed to the town, we have no desire to be annexed into Mead and prefer to be in Weld County. If you have any questions,please contact this office. Sincerely, Ted Drysdale Project Manager Tel: 970-535-6074 Fax: 970-535-6078 4068 Camelot Circle Longmont, CO 80504 Zeek Partnership, LLLP June 8, 2006 Weld County Dept. of Planning Services 918 10th Street Greeley, CO 80631 Re: Lots 5 & 6, Block 1 Dear Sirs: Expected waste generated on this site should be standard household waste. Waster handlers: Western Disposal Services 5880 Butte Mill Road Boulder CO 80301 303-444-2037 Sullivan Septic PO Box 1288 Longmont CO 80502 303-772-4019 If you have any questions, please contact this office. Sincerely, Ted Drysdale Project Manager Tel: 970-535-6074 Fax: 970-535-6078 4068 Camelot Circle Longmont, CO 80504 Zeek Partnership, LLLP June 12, 2006 Weld County Dept. of Planning Services 918 10th Street Greeley, CO 80631 Re: Lots 5 & 6, Block 1 Dear Sirs: As per our phone conversation with Air Pollution Control Division Colorado De- partment of Health & Environment, under Regulation 3, Part A, we do not apply. If you have any questions, please contact this office. Sincerely, Ted Drysdale Project Manager Tel: 970-535-6074 Fax: 970-535-6078 4068 Camelot Circle Longmont, CO 80504 PL1851 8 Oversized Maps Located in Back of Original File Not Scanned Hello