HomeMy WebLinkAbout20062317 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED: _
RECEIPT#/AMOUNT # /$ CASE #ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Numbed 4 I- I1 - 2- (Q - - 0 O - I ( 5
(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 Par} N IJ'4 , Section Zc1, Township (N North, Range West
Flood Plain: I DY t Zone District: USR , Total Acreage: 5.53 , Overlay District:___
Geological Hazard: 1"uh2 , Airport Overlay District: 0GIn
FEE OWNER(S) OF THE PROPERTY:
N a m e
KS Lnferpr?st9 ( LLC
Work Phone# 303- 65Q-S&5Qiome Phone#-303r90-if3Iri Email Address:
Address: Po .l?jnrc Olt 3 (,9541 - gK`Q
C f� i t y / S t a t e / Z i p C o d e
17 ri gk r Co v50,601
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
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 appications signed by Authorized Agent)
N a m e
Work Phone# Home Phone# Email Address:
Address:
C i t y / S t a t e / Zip C o d e
PROPOSED USE:
EXHIBIT
2006-2317 1
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 application. If a corporation is the fee owner,notarized evidence must be included indicating that
the signatory has to legal auth rity to sign for the corporation.
fa-fief/7 eel
Signature:Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question does not
pertain to your use, please respond with"not applicable", with an explanation as to why the question is not applicable.
1. Explain, in detail,the proposed use of the property.
2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22 (Comprehensive
Plan).
3. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 23(Zoning)and the
zone district in which it is located.
4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with
surrounding land uses.
5. Describe, in detail,the following:
a. How many people will use this site?
b. How many employees are proposed to be employed at this site?
c. What are the hours of operation?
d. What type and how many structures will be erected (built) on this site?
e. What type and how many animals, if any,will be on this site?
f. What kind (type,size, weight)of vehicles will access this site and how often?
g. Who will provide fire protection to the site?
h. What is the water source on the property? (Both domestic and irrigation).
What is the sewage disposal system on the property? (Existing and proposed).
j. If storage or warehousing is proposed, what type of items will be stored?
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape
plan map as part of the application submittal.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs.
8. Explain how the storm water drainage will be handled on the site.
9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to
begin.
10. Explain where storage and/or stockpile of wastes will occur on this site.
-7-
Page 1 of 1
Jacqueline Hatch
From: asilva@jwoperating.com
Sent: Tuesday, June 20, 2006 10:10 AM
To: Jacqueline Hatch
Subject: FW: Licenses & permits
Attachments: Greater Brighton Fire Protection District Letter.pdf; Dated at Denver.tif
Jacqueline,
We will be storing less than 600 lbs. of DOT Division 1.4 Oil Well perforating charges and 1500 ft. or less of 80
grains/ft. detonating cord. All use is for oil & gas wells at depths averaging 1.5 miles below ground level. Please
call me if you have any questions. Thank you.
Best regards,
Andy
Andy Silva
Technical Sales Engineer
Excell Services, Inc.
Cell: (303)550-3019
Direct: (720)385-3024
asilva(aiwoperating.com
Original Message
From: Sharon Samway
Sent: Tuesday, June 20, 2006 9:34 AM
To: Andrew Silva
Subject: Licenses &permits
Per your request.
Thanks
Sharon
06/20/2006
State of Colorado
/pF Col\o
�v� O
*
1876
DEPARTMENT OF LABOR AND EMPLOYMENT
DIVISION OF OIL AND PUBLIC SAFETY
Suite 500 Room 560 633 17th Street Denver,CO 80202
303 318-8495 Fax: 303 318-8488
EXPLOSIVES PERMIT
TYPE II #2-075-3408
Issued to
Excell Services Inc.
14279 W.Hwy. 14
Sterling,CO 80751
CLASSIFICATION OF PERMIT
SPECIAL USE-WELL PERFORATION,TRANSPORTATION
ISSUE DATE: 05/30/2006 EXPIRATION DATE: 06/30/2009
THIS PERMIT IS ISSUED UNDER THE PROVISIONS OP TITLE 9,ARTICLE 7-105,C.R.S. 1986,AS AMENDED. TILE PERMIT IS
ISSUED TO THE.ORGANIZATION IDENTIFIED ABOVE,IS NON-TRANSFERABLE AND SHALL BE UNDER THE CONTROL OF THE
PERMIT HOLDER AT ALL TIMES.
DIRECTOR OR DESIGNEE`
IF ANY OF THE INFORMATION ESTABLISHED BY YOUR APPLICATION CHANGES, CONTACT THE DIVISION OF
OIL AND PUBLIC SAFETY. YOUR SIGNATURE ON THE PERMIT CARD REQUIRED FOR VALIDATION.
State of Colorado
of GG�
Fed , '. s'pq
h oIf
*1876{
DEPARTMENT OF LABOR AND EMPLOYMENT
DIVISION OF OIL AND PUBLIC SAFETY
Suite 500 Room 560 633 17th Street Denver,CO 80202
303 318-8495 Fax:303 318-8488
EXPLOSIVES PERMIT
TYPE III #3-075-3408
Issued to
Excell Services Inc.
14279 W.Hwy. 14
Sterling,CO 80751
CLASSIFICATION OF PERMIT
STORAGE
ISSUE DATE: 05/30/2006 EXPIRATION DATE: 05/30/2009
THIS PERMIT IS ISSUED UNDER THE PROVISIONS OF TITLE 9,ARTICLE 7-105,C.R.S. 1986,AS AMENDED. THE PERMIT IS
ISSUED TO THE ORGANIZATION IDENTIFIED ABOVE,IS NON-TRANSFERABLE AND SHALL BE UNDER THE CONTROL OF THE
PERMIT HOLDER AT ALL TIMES.
DIRECTOR OR DESIGNEE
IF ANY OF THE INFORMATION ESTABLISHED BY YOUR APPLICATION CHANGES,CONTACT THE DIVISION OF
OIL AND PUBLIC SAFETY. YOUR SIGNATURE ON THE PERMIT CARD REQUIRED FOR VALIDATION.
p"`hs
/ "
s DEPP^rENT OF THE TREASURY-BUREAU OF ALCOHOL,'--"4CCO AND FIREARMS
..ICENSE/PERMIT(18 U.S.C. CHAPTER 40, tXPLOSIVES)
'1t °) In accordance with the provisions of Title Al,Organized Crime Control Act of 1970,and the regulations issued thereunder(27
�A� I In CFR Part 555)you may engage in the activity specified in this license/permit within the limitations of Chapter 40,Title 18,United
\ter a see. States Code and the regulations Issued thereunder,until the expiration date shown.See'WARNING"and"NOTICES"on back.
Christopher R.Reeves ` ucENSEr ,
PERMIT 5-CO-07533-9B-00544
DIRECT ATP Chief,Federal Explosives Licensing Center(FELC) NUMBER
CORRESPONDENCE Bureau of Alcohol,Tobacco,Firearms and:Explosives
To 244 Needy Road EXPIPAT1oM
Martinsburg,West Virginia 25401 9431 DATE February 1. 2000
Telephone: 1-877-283-3352. Fax 1-304.260-1141
NAME Premises Address CHANGES?You must notify the FELC at least 10 days before the move.
EXCELL SERVICES INC 14279 W HWY 14
STERLING, CO 80751-
TYPE OF LICENSE OR PERMIT
•
33-USER OF HIGH EXPLOSIVE/S1 CHIEF,FEDERAL EXPLOSIVES UCENBING CENTER jFEw ( .�
(l/./-y`,`I G nstopher R.Reeves
PURCHASING CERTIFICATION Mailing Address CHANGES?You must notify the FELC at least 10 days before the charge.
I Certify that this is a true copy of a license/permit
issued to me to engage in the activity specified - EXCELL SERVICES INC
PO BOX 1061
STERLING, CO---80751-
(SIGNATURE OF LICENSEE/PERMITTEE)
The licensee/permihee named herein shall use a reproduction Of this
license/permit to assist a transferor of explosives to verify the identity__
and status of the licensee/permittee as provided in 27 CFR--Part 555
The signature on each reproduction must be an ORIGINAL signature
ATP F 5400.14/5400.16,Part 1 (8/89)
r
•"Hazardous,1V Materials
Transportation /p rta`�tdn Permit i" L �'�r�_
Pi BEIgliTtilTIE COMMISSION ,
OF'TEIBS ATEOFCOL+ ,
PERMIT NO. HMP-19332
Excell Services Inc
P.O Box 1061
Sterling:CO 80751
In compliance with the provisions of Section 42-2O:202(b), C R,S.,;the commission does grant authority
to transport hazardous materials subject to the limitations'and=provisions mentioned below.
1. A copy of the shipping papers as required by 49 C.F.R. 172.200 must be carried in the transporting
motor vehicle.
2. This permit must be carried in the transporting motor vehicle.
This permit does not authorize for-hire transportation requiring specific authority under Title 40,
Articles 13 & 16, C.R.S.
Full compliance with the laws of the State of Colorado and with the Rules and Regulations of the
Department of Public Safety is required under this permit.
This permit is valid from June 14, 2006 through June 14, 2007.
Dated at Denver, Colorado, April 12, 2006.
of COLD
yr --= 9d WITNESS MY HAND AND THE SEAL OF
__T- O THE PUBLIC UTILITIES COMMISSION
ry --� �� OF THE STATE OF COLORADO
?". 1�s�. e Q4. DOUG DEAN.
'CrLITItS CO
DIRECTOR
8
k � zs
dunes
?n,,,K)ATE. THE BACK OF Tr1IS:.ion,:'1a:r1`f -to
li-wiel
envie
J -W Operating Company
Annex A: Emergency Contact Information
AMBULANCE, POLICE, FIRE 9-1 -1
Emergency Coordinator:
Jim McKie Cell: (970)768-2730
811 Nancy
Ft. Morgan, CO 80701
First Alternate:
Andy Silva Cell: (303)550-3019
2 Yates Terrace
Ft. Morgan, CO 80701
Ft. Lupton Police Department
Weld County Sheriff
Centura Health (303) 290-6500
Poison Control Center (800)222-1222
National Response Center for Oil/Hazardous Waste: (800)424-8802
(Spill of>25 gallons into surface waters)
InfoTrac (800) 535-5053
(Hazardous materials release on public highways)
Colorado Department of Public Health & Environment (888) 569-1831
CDPHE Emergency Spill Reporting Line (877) 518-5608
Colorado Division of Emergency Management (720) 852-6600
Colorado Department of Public Safety (303) 318-8495
Oil & Gas Conservation Commission (303) 894-2100
Department of Transportation (Colorado) (877) 315-7623
Local Emergency Planning Committee (LEPC) (303) 273-1622
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a
question does not
pertain to your use,please respond with"not applicable",with an explanation as to why the
question is not applicable.
1. Explain, in detail, the proposed use of the property. Mineral Resource Development Facility
(unchanged)
2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22
(Comprehensive Plan). This is a previously approved USR, # 1458. Please refer to the
Resolution regarding this USR Paragraph#1 &2.
3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter23
(Zoning) and the zone district in which it is located. This is a previously approved USR,# 1458.
Please refer to the Resolution regarding this USR Paragraph #1 &2.
4. What type of uses surround the site?Explain how the proposed use is consistent and
compatible with surrounding land uses.There is some Agricultural land in the vicinity however
the bulk of the surrounding uses consist of Industrial Zoning. The East side of the property is
bordered by Rail Road Tracks. The proposed use is consistent and compatible with surrounding
land uses; the proposed use is simply an extension of the existing use.
5. Describe, in detail,the following:
a. How many people will use this site? 30 total, most of who will be off site.
b. How many employees are proposed to be employed at this site?30 total, most of who
will be off site.
c. What are the hours of operation?6:30 am to 5:00 pm(unchanged)
d. What type and how many structures will be erected(built) on this site?One additional
80' X 150' building will be added along with a portable outdoor barricade magazine with
dimensions of approximately 6' X 6'.
e. What type and how many animals, if any, will be on this site?None.
f. What kind(type, size,weight)of vehicles will access this site and how often? Pickups,
Cars,Truck Tractor/Lowboy& Flatbed trailers(unchanged)and Wireline logging trucks, 30,000#
GVW or less(additional)
g. Who will provide fire protection to the site?Greater Brighton Fire Protection District.
h. What is the water source on the property? (Both domestic and irrigation). Commercial
Water Well Permit#261608
i. What is the sewage disposal system on the property?(Existing and proposed).
Commercial Septic System Permit#SP-0500144.
j. If storage or warehousing is proposed, what type of items will be stored?Pipeline
Construction& Maintenance Equipment. Oilfield support equipment and products (unchanged).
Explosives for oilfield usage(additional).
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as
a landscape plan map as part of the application submittal. Landscaping shall remain unchanged
from the previously approved USR,# 1458
7. Explain any proposed reclamation procedures when termination of the Use by Special Review
activity occurs. Reclamation procedures shall remain unchanged from the previously approved
USR, # 1458
8. Explain how the storm water drainage will be handled on the site. Storm water drainage shall
remain unchanged from the previously approved USR, # 1458
9. Explain how long it will take to construct this site and when construction and landscaping is
scheduled to begin. Construction of all elements with the exception of the portable outdoor
barricade magazine, have been completed and a Certificate of Occupancy has been issued.
10. Explain where storage and/or stockpile of wastes will occur on this site. Waste management
plan shall remain unchanged from the previously approved USR, # 1458
Greater Brighton Fire Protection District
425 South Main Street•Brighton,Colorado 80601
Telephone: (303}659-4101•Fax: (303)659-4103•Website• www.gbfpd.org.
April 10,2006 page 1 of 2
Excel! Services, Inc.
Attn:Andrew Silva
7074 South Revere Parkway
Centennial,CO 80112-3932
Dear Mr. Silva,
The Greater Brighton Fire Protection District has reviewed the information you provided
concerning your company's new storage facility located at 1760 Weld County Road 27.
This review addressed the issues associated with the storage of approximately 600
pounds of DOT Division 1.4 explosives and approximately 1500 feet of detonator cord
with an explosive content of 80 grains per foot. Pursuant to our review, we offer the
following requirements,which are based on the 2003 Edition of the International Fire
Code and the 2001 Edition of NFPA 495:
1. An Operational Permit, issued by the Greater Brighton Fire Protection District,is
required prior to the placement of any explosive materials in storage at this
facility. The permit will be valid for a period of one year, is subject to regulation
and revocation under the provisions of the 2003 Edition International Fire Code,
and must be renewed annually. Contact the Fire District for permitting
information.
2. Prior to the issuance of an Operational Permit, the applicant shall file with the
Fire District a corporate surety bond or public liability insurance policy in the
amount of$100,000.00 for the purpose of the payment of all damages to persons
or property which arise from,or are caused by,the conduct of any act authorized
by the permit upon which any judicial judgment results.
3. The permittee shall notify the office of the Weld County Emergency Manager,the
Weld County Sheriff,and the Fire Marshal of the Greater Brighton Fire
Protection District not less than 48 hours,not including Saturdays.Sundays, and
holidays,prior to placing any explosive materials in storage at this facility.
4. Detonating cord shall be stored in a separate magazine for blasting supplies and
shall not be stored in a magazine with other explosive materials.
5. Detonating cord shall be stored in a Type 1,2,or 3 magazine.
6. Division 1.4 explosives shall be stored in a Type 1,2, 3,or 4 magazine.
7. Not more than 50 pounds of explosives or explosive materials shall be stored
within an indoor magazine.
CiiiiCCol r1 Tiffs ,4,i eiCiro„♦ Ott D;- , e
page 2 of 2
8. Not more than two indoor magazines shall be located in the same building.
9. Indoor magazines shall be located within 10 feet of an entrance and only on floors
at grade or having ramp access to grade.
10. Buildings and magazines storing Division 1.4 explosives shall be located not less
than: 100 feet from inhabited buildings; 100 feet from a railroad or public road;
50 feet from operating buildings;and 50 feet from above-ground magazines.
11. Combustible materials shall not be stored within 50 feet of magazines.
• 12.The area around magazines shall be kept clear of brush,dried grass, leaves, trash,
debris,and similar combustible materials for a distance of 25 feet.
13. Signs and placards shall be posted in accordance with Section 3304.6.5 and
3304.6.5.1 of the 2003 Edition of the International Fire Code.
Should there be any questions regarding this or any other matter,please do not hesitate to
contact this office.
Respectfully,
Kris Krengel
Fire Marshal/Division Chief
Greater Brighton Fire Protection District
425 S. Main Street
Brighton,CO 80601
303-659-4101
cc: File— 1760 WCR 27
Brad Mueller, Weld County Planning Dept.
•
BUSINESS LEASE
KS ENTERPRISES I, LLC
This lease, dated May 24, 2006, is between KS ENTERPRISES 1, LLC, as Landlord, and
5c1CL$ J.W-Operating, Inc.,as Tenant.
In consideration of the payment of the rent and the performance of the covenants and
agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant the
following described premises situate in Weld County, in the State of Colorado; the address of
which is 1760 Weld County Road 27, Bldq. A
Said premises, with all appurtenances, are leased to the Tenant from the date of June 19, 2006
until the date of June 30, 2008,payable in monthly installments of$ $8,000 payable in advance,
on the 1st day of each calendar month during the term of this lease, payable at P •0. Box 843.
Brighton, Colorado 80601 or as otherwise directed by Landlord , without notice. The first month
prorated rent shall be$2,933.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS
FOLLOWS:
I. To pay the rent for the premises above-described.
2. To keep the improvements upon the premises, including sewer connections, plumbing, wiring
and glass in good repair, all at Tenant's expense, and at the expiration of this lease to surrender
the premises in as good a condition as when the Tenant entered the premises, loss by fire,
inevitable accident, and ordinary wear excepted. To keep all sidewalks on and around the
premises free and clear of ice and snow, and to keep the entire exterior premises free from all
litter, dirt, debris and obstructions; to keep the premises in a clean and sanitary condition as
required by the ordinances of the city and county in which the property is situate.
3. To sublet no part of the premises, and not to assign the lease or any interes' therein without
the written consent of the Landlord, which consent shall not be unreasonably withheld.
4. To use the premises only as Oil Field Support Services, and to use the premises for no
purposes prohibited by the laws of the United States or the State of Colorado, or of the
ordinances of the city or town in which said premises are located, and for no improper or
questionable purposes whatsoever, and to neither permit nor suffer any disorderly conduct, noise
or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises.
5. To neither hold nor attempt to hold the Landlord liable for any injury or damage, either
proximate or remote, occurring through or caused by the repairs, alterations, injury or accident on
or to the premises, or adjacent premises, or other parts of the above premises not herein
demised, or by reason of the negligence or default of the owners or occupants thereof or any
other person, nor to hold the Landlord liable for any injury or damage occasioned by defective
electric wiring, or the breakage or stoppage of plumbing or sewerage upon said premises or upon
adjacent premises, whether breakage or stoppage results from freezing or otherwise; to neither
permit nor suffer said premises, or the walls or floors thereof, to be endangered by overloading,
nor said premises to be used for any purpose which would render the insurance thereon void or
the insurance risk more hazardous, nor make any alterations in or changes in, upon, or about
said premises without first obtaining the written consent of the Landlord therefore, but to permit
the Landlord to place a "For Rent" sign upon the leased premises at any time after sixty (60) days
before the end of this lease.
6. To allow the Landlord to enter upon the premises at any reasonable hour.
IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANT AS
FOLLOWS:
7. All charges for heating and lighting are to be paid by Tenant. Trash services are to be paid by
Tenant.
8. No assent, express or implied, to any breach of any one or more of the agreements hereof
shall be deemed or taken to be a waiver of any succeeding or other breach.
9. If, after the expiration of this lease, the Tenant shall remain in possession of the premises and
continue to pay rent without a written agreement as to such possession, then such tenancy shall
be regarded as a month-to-month tenancy, at a monthly rental, payable in advance, equivalent to
the last month's rent paid under this lease, and subject to all the terms and conditions of this
lease.
10. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then
the Landlord may, without being obligated to do so, and without terminating this lease, retake
possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such changes and repairs as may be required, giving credit
for the amount of rent so received less all expenses of such changes and repairs, and the Tenant
shall be liable for the balance of the rent herein reserved until the expiration of the term of this
lease.
11. The Landlord acknowledges receipt of a deposit in the amount of$ 0.00 to
be held by the Landlord for the faithful performance of all of the terms, conditions and covenants
of this lease. The Landlord may apply the deposit to cure any default under the terms of this lease
and shall account to the Tenant for the balance. The Tenant may not apply the deposit hereunder
to the payment of the rent reserved hereunder or the performance of other obligations.
12. At the Landlord's option, it shall be deemed a breach of this lease if the Tenant defaults (a) in
the payment of the rent or any other monetary obligation herein; or(b) in the performance of any
other term or condition of this lease. The Landlord may elect to cure such default and any
expenses of curing may be added to the rent and shall become immediately due and payable.
In the event that the Landlord elects to declare a breach of this lease, the Landlord shall have the
right to give the Tenant three (3) days written notice requiring payment of the rent or compliance
with other terms or provisions of the lease, or delivery of the possession of the premises. In the
event any default remains uncorrected after three (3) days written notice, the Landlord, at
Landlord's option, may declare the term ended, repossess the premises, expel the Tenant and
those claiming through or under the Tenant and remove the effects of the Tenant, all without
being deemed guilty in trespass or of a forcible entry and detainer and without prejudice to any
other remedies to which the Landlord may be entitled. If at any time this lease is terminated under
this paragraph, the Tenant agrees to peacefully surrender the premises to the Landlord
immediately upon termination, and if the Tenant remains in possession of the premises, the
Tenant shall be deemed guilty of unlawful detention of the premises. The Landlord shall be
entitled to recover from the Tenant all damages by reason of the Tenant's default, including but
not limited to the cost to recover and repossess the premises, the expenses of reletting,
necessary renovation and alteration expenses, commissions and the rent for the balance of the
term of this lease.
13.In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under the lease and in the event the matter is turned over to an
attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or
costs, to receive reasonable attomeys' fees from the other party.
14.ln the event any payment required hereunder is not made within (10) days after the payment is
due, a late charge in the amount of—10%—ten percent of the payment will be paid by the
Tenant.
15. In the event of a condemnation or other taking by any governmental agency, all proceeds
shall be paid to the Landlord hereunder, the Tenant waiving all right to any such payments.
16. This lease is made with the express understanding and agreement that in the event the
Tenant becomes insolvent, the Landlord may declare this lease ended, and all rights of the
Tenant hereunder shall terminate and cease.
17. MAINTENANCE. Tenant shall, at his sole expense be responsible for maintenance and repair
of the building and equipment, including but not limited to roof repair(not replacement), glass
repair, interior plumbing, heating unit repair(not replacement), overhead doors, hot water heater
and parking lot, ordinary wear excepted; provided, however, Landlord shall be responsible for and
bear all expense connected with any structural changes including those required by any law,
code, ordinance, rule or regulation so long as these changes did not result from the Tenants
occupancy.
18. WEEDS. Tenant shall be responsible for cutting weeds and general maintenance of the
exterior of the premises, including grounds.
19. SIGNS. Tenant agrees not to erect any signs on the roof of the building on the subject
premises without the prior written consent of the Landlord.
20. ENVIRONMENTAL CONCERNS. The parties acknowledge and agree that any substance
classified by the Environmental Protection Agency or any other agency of federal, state, county or
city having jurisdiction of the subject property, as hazardous waste, toxic material, oil, solvents or
flamable hydrocarbon compounds of any form (liquid or solid) are prohibited in any form that
constitutes a violation of any such agency and existence of any such violation shall be a default
under the terms and provisions of this Lease. Failure to commence cleanup and remove such
materials from the premises within three (3) days after direction by Landlord to do so shall be a
default under the terms and provisions of this Lease. In the event of such default, Landlord shall
be entitled to all remedies provided for in this Lease and by law and, in addition, Tenant shall be
liable for all costs of eliminating and removing any such violation at no expense to Landlord.
21. WATER AND SEWER SUPPLY. Landlord agrees to provide water, other than drinking water,
and to provide sewer services to the premises as shall be reasonably required for occupancy of
the premises. However, in no event shall Landlord be responsible for providing drinking water to
the premises. Tenant shall be solely responsible for obtaining any drinking water required on the
premises. Tenant also agrees to bear the cost and have the septic pumped annually.
22. INSURANCE.
A. Tenant agrees to furnish liability insurance on the premises in the minimum amount of
$1,000,000.00 per claim and to name the Landlord as a co—insured on such policy at no
expense to the Landlord. Certificate of Insurance must be provided to the Landlord.
B. Landlord shall provide insurance in an amount as determined in the Landlord's discretion for
fire and extended coverage on the building. Tenant shall provide property insurance for Tenant's
property located on the premises.
23. DAMAGE OR DESTRUCTION OF PREMISES.
A. If the structure situated on the premises leased hereunder should be damaged or destroyed by
fire, wind or other casualty, Tenant shall give immediate written notice thereof to Landlord.
B. If the structure situated on the premises leased hereunder should be totally destroyed by fire,
wind or other casualty, Landlord shall diligently proceed to rebuild the said structure, and if said
rebuilding cannot be completed within ninety (90) days after the date upon which the Landlord is
notified by Tenant of such damage, the Tenant may terminate this Lease at his option as long as
the loss is not caused by the tenant and the rent shall be abated during the unexpired portion of
this Lease effective upon the date of occurrence of such damage.
C. If the structure situated on the premises leased hereunder shall receive minor damage, and if
repair of such damage is the responsibility of the Landlord under the terms of this Lease,
Landlord shall proceed diligently to make such minor repairs as soon as possible to substantially
restore the condition of the premises to that which existed prior to such damage except that
Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures and
other appurtenances which may have been damaged on the premises by the Tenant. If the
premises are untenantable, in whole or in part, following such damage, the rent payable
hereunder during the period in which the premises are untenantable, shall be reduced to such
extent as may be fair and reasonable under all the circumstances. In the event that Landlord
should fail to complete such repairs and rebuilding within ninety (90) days after the date when
Landlord is notified by Tenant of such damage, Tenant may, at his option, as long as the damage
is not caused by the Tenant, terminate this Lease by delivering written notice of termination to
Landlord as Tenant's exclusive remedy, whereupon all rights and obligations hereunder shall
cease and terminate.
D. Any insurance which may be carried by Landlord or Tenant against loss or damage to the
structure and improvements situated on the premises shall be for the sole benefit of the party
carrying such insurance. Provided however, in the event either Landlord or Tenant receives
insurance benefits as a result of any loss or damage to the structure and improvements situated
on the premises, the party receiving such insurance benefits waives any claim for negligence or
wrongdoing against the other party and there shall be no right of subrogation by the payor of
insurance benefits against either Landlord or Tenant.
24. DEFAULT CHARGES. The parties hereto agree that in the event of a default, the party in
default shall be responsible for payment of all costs and reasonable attorney's fees incurred by
the non—defaulting party in the enforcement of the terms and conditions of this Lease.
25. INDEMNIFICATION. Tenant agrees to promptly pay any charges incurred by Tenant for
repair of the premises, to not permit any liens to be filed against the premises for any such
charges, and to indemnify and hold harmless the Landlord against the filing of any such liens
against the premises.
26. APPROPRIATE USE OF THE PROPERTY. Tenant agrees that prior to taking occupancy of
the property, that the tenant has approved their use of the property with any governmental
agency that may require approval. In the event that any governmental agency thereafter
determines that occupancy and use thereof does not meet their approval, it shall be the sole
burden of the tenant to seek such approval. In the event such approval is not possible this lease
shall terminate and the Tenant and Landlord shall be relieved from any further liability.
This lease shall start on the date herein and shall be in full force as of that date. However, in
the event that the tenant is unable to receive the necessary approvals from Weld County for the
tenants specific needs, and after the tenant works diligently to obtain such approval, this lease
may be terminated, at the tenants option, and both parties shall be relieved from any further
obligation.
SHOULD ANY PROVISIONS of this lease violate any federal, state or local law or ordinances,
that provision shall be deemed amended to so comply with such law or ordinance, and shall be
construed in a manner so as to comply.
This lease shall be binding on the parties, their personal representatives, successors and
assigns.
When used herein, the singular shall include the plural, and the use of any gender shall apply to
both genders.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands this day of
20
LANDLORD: TENANT:
KS ENTERPRISES 1, LLC J.W. Operating:las.
IECCE'LL SSLYzi IGES , tNC,
Kenneth T. Shannon
Title:
Printed Name
GUARANTEE
For value received I hereby guarantee payment of the rent and the performance of the covenants
and agreements by the Tenant in the within lease covenanted and agreed, in manner and form as
in said lease provided.
Dated:
By:
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