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Home My WebLink About20020984.tiff DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 • Phone (970) 353-6100, Ext. 3540, Fax (970)304-6498 — USE BY SPECIAL REVIEW APPLICATION Application Fee Paid Receipt# Date Recording Fee Paid Receipt# Date Application Reviewed by: TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: See Description - Page 2 PARCEL NUMBER:_ 4 0 2 0 0 0_0_7_9(12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office. Section 2 , T 1 N, R 67 W-Total Acreage 64 . 70 Zone District AG Overlay Zone n77--- Property Address (if available) 10711 Colorado Highway 52 : Four-.= Lupton CO Proposed Use Corporate Office R I'".ai ntenanc Farl_l_jty SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT Name:James G. Terry Address: 10711 Colo . Hwy 52 Fort Lupton CO 80621 City/State/Zip: Home Telephone: Business Telephone Name: Address: City/State/Zip: Home Telephone: Business Telephone I APPLICANT OR AUTHORIZED AGENT(if different than above) Name: Dana Leavitt — JIM SELL DFSIGY Inc _ — Address: 153 W. Mountain Ave . City/State/Zip: Fort Collins CO 80524 Home Telephone: n/a Business Telephone: 970 .48 4 . 19 21 Fx : 970 . 484 . 2443 DEPARTMENT OF PLANNING SERVICES USE ONLY EXHIBIT 2002-0984 Case# Floodplain: ❑ Yes ❑ No Geologic Hazard: o Yes O No I hereby state that all statements and plans submitted with the application are true an correct to the best of my knowledge. 7L Ali ' i. iii Rev: 1-27-97 Signature: O ner or Authonzed Agent Legal Description for Parcel #146902000079 : Lot B of Recorded Exemption No . 1469 -02-1—RE-2765 recorded January 12 , 2001 , as Recept . No . 2818943 , being a part of the West 1/2 Northeast 1/4 of Sect . 2 , Twn 1 N , Rnge 67W of the 6th P .M. ; Weld County . 13' 2 Lauren Light-addendumusr uestionaireY.doc Page 1 NELSON PIPELINE FACILITY Weld County, Colorado ADDENDUM TO USR QUESTIONAIRE January 29, 2002 • Nelson Pipeline Constructors is a privately owned company that specializes in the installation of underground utility systems typically involving water and/or sewer systems. This facility will serve as the office for the day-to-day personnel, such as:bid staff,clerical, accounting and management. The shop portion of the facility will be used as a maintenance area for vehicles/equipment owned by Nelson Pipeline Constructors. Nelson Pipeline Constructors employs 150 to 200 people at any given time. Of those numbers, a total of 32 to 37 people will be using the facility on a daily basis. The remainder of the employees travel directly to the job site from home. These employees will rarely go to the new facility as the job sites are spread across the state. The traffic report documents the projected traffic counts will not create a need for improvements to State Highway 52. NELSON PIPELINE FACILITY Weld County, Colorado WELD COUNTY USE BY SPECIAL REVIEW QUESTIONAIRE January 18, 2002 1. Explain, in detail, the proposed use of the property. Response: The Nelson Pipeline Facility is a proposed construction contractor's office and shop facility. Nelson Pipeline Constructors will construct a 20,000 square foot structure. The corporate office space is approximately 7,000 square feet and the shop space is approximately 13,000 square feet. The outside storage area is approximately 5 acres in size,which shall be enclosed by a 6-foot tall chain link fence. The existing building envelope is approximately 6 acres in size. The proposed building envelope is approximately 12 acres. The existing access to the property is via an existing 35-foot wide access easement. Based upon access and drainage requirements the access easement is being increased to a proposed 55-foot width. 2. Explain how this proposal is consistent with the intent of the Weld County Comprehensive Plan. Response: This proposal is consistent with the goals and policies of Section 22-2-10. Agriculture. The proposed use is not incompatible with the surrounding rural uses. This proposal locates the building in close proximity to State Highway 52 in a building envelope of approximately 12 acres. The remaining land—82%,is to be undeveloped and continued to be farmed. The siting of the facility reduces the amount of potential impacts to the remaining farmland. The irrigated water available for the farmland will continue to be used for farming purposes. Agricultural uses contain structures of similar size, height and scale and vehicular activity is similar in nature also. The private drive into the site will be paved, as will the parking areas. This will help reduce dust pollution commonly associated with vehicular use on dirt and gravel farm roads. 3. Explain how this proposal is consistent with the intent of the Weld County Zoning Ordinance and the zone district in which it is located. Response: This proposal has been designed in accordance with the Weld County Zoning Ordinance as described in Section 24—Uses by Special Review. The Agricultural Zone allows commercial activities by Special Review. The siting of the building envelope and proposed facilities maintains 82% of the site as farmland as discussed in the Comprehensive Plan and in Section 24.5.1.11 of the Zoning Ordinance. There are only two soil types on the property—both support irrigated from crops very E WROJECT FILESLLANDt21]ODWocstProjdhscr-USRQuestionaireResponse.doc Page 1 of 4 well. Locating the building at the north end of the property would have created greater impacts upon the land, been more costly in terms of construction and infrastructure improvements. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Response: The surrounding uses,those located within ''/z mile,are either agricultural or residential. In some cases, both uses exist on a piece of property. The proposed facility is set back well over 500 feet from Highway 52 and will be visually screened by new plants and landscaping. There are numerous structures of similar scale in the landscape. Many of these are much older and are not as well screened as is proposed for this facility. As part of many farming operations, there are variety of farm vehicles using the roads and farmland. The types of vehicles that will be seen at this facility are similar in nature. 5. Describe, in detail,the following: a. How many people will use the site? Response: On-site employees: Office: 12—15 Shop: 10— 12 Approximately 10 additional employees report to the facility but work primarily in the field. b. How many employees are proposed to be employed at this site? Response: The total is 150-200 employees. c. What are the hours of operation? Response: Normal hours at the office are 8:00am to 5:00pm, M-F. Shop hours are 6:30am to 4:30pm; M-F and some Saturday hours as well. d. What type and how many structures will be erected(built) on this site? Response: There will be the main structure—a combination office and shop facility,an open storage shed, a small outdoor wash bay and an outdoor fuel storage facility located on the property. e. What type and how many animals, if any, will be on this site? Response: No Animals. f What kind (type, size, weight) of vehicles will access this site and how often? Response: +1-30 cars and light trucks arrive and depart during the day— all times. +1-6— 10 service and delivery type trucks under E'\PROJECT FR.ESLLANDt2170D\docs\Pro1-Descr-USR W estionaireResponse.doc Page 2 of 4 26,000 GVWR will access the site daily. 2 semi-tractor trucks hauling equipment are dispatched from this facility. They typically are in and out 1 —2 times each day. Gross permitted weight is 150,000 lbs., typical average loaded weight is +/- 100,000 lbs. g. Who will provide fire protection to the site? Response: Fort Lupton Volunteer Fire Department. h. What is the water source on the property? (Both domestic and irrigation). Response: Domestic water from Central Weld County Water; Irrigation water is from New Brantner Ditch Co. primarily to irrigate the undeveloped farm property; 3 shares are included with the purchase agreement. i. What is the sewage disposal system on the property? (Existing and proposed). Response: - There are no sewage disposal systems on the(vacant land) property. - The proposed system shall be an on-site septic system per Weld County Health Department standards. A septic permit will be obtained prior to obtaining a building for the facility. j. If storage or warehousing is proposed, what type of items will be stored? Response: Nelson Pipeline Constructors store only small amounts of job materials that are extra or special items,i.e.—pipe, fittings or concrete parts on-site: - Trench shields and shoring equipment are stockpiled on site. - Trailer mounted equipment such as air compressors, generators,water pumps that can be towed by light trucks. - Various pieces of construction equipment such as loaders, large excavators and compaction equipment, mainly kept in the yard to facilitate maintenance. - Approximately 10 trucks are stored overnight including lowboy tractor/trailers (2); fuel trucks (2); delivery trucks (2); pickup trucks (2-4). - Fuel storage: +/- 20,000 gal. Diesel and +/- 10,000 gal. Gasoline in aboveground tanks per required standards. 6. Explain the proposed landscaping for the site. Response: There will be a row of trees planted on each side of the driveway to screen the view of the facility, provide shade and cooling during the summer months and also reflects the rural landscape of farms and driveways in the area. Perimeter plantings will be used along the E\PROJECT FILES\.ANDt317OD doustoi-Descr-USRQuestionaireftesponse doc Page 3 of 4 i eastern portion of the site to screen the outdoor storage yard and shed from the adjacent property and Highway 52. There will be foundation plantings around the entry to the office, parking areas and employee patio area. All plants are draught tolerant and will not require a permanent irrigation system for watering. Areas within the building envelope disturbed during construction shall be seeded with native grasses following construction activities. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Response: The proposed use is for a permanent facility, as such there are no reclamation plans. 8. Explain how the storm water drainage will be handled on the site. Response: All stormwater runoff will be collected by open swales and directed to a detention basin to the north of the outdoor storage yard. From there,it will be released at historic rates onto the undeveloped portion of the property. The drainage plan has been prepared to meet the standards outlined in Section 24.5.1.5 of the Weld County Zoning Ordinance. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Response: Actual construction time should be 6—8 months. We would like to begin construction immediately; April 1,2002, is our target date. Landscape construction will begin as soon as it is feasible and be completed in 2002. 10. Explain where storage and/or stockpile of waste will occur on this site. Response: Nelson Pipeline's operation does not create any waste product as such. Dumpsters are used for ordinary waste; scrap iron generated by the maintenance shop and welding shop will be kept in roll-off boxes for recycling. Waste oil from equipment is stored in small amounts and currently re-used for heating oil or transported off-site by a recovery contractor. E\PROJECT FILES\LAND\2170D\docaroj-Descr-USaQuestioneweResponse doc Page 4 of 4 APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Worka Department Date: 01/18/02 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)3564000,Ext.3750 Fax: (970)304-6497 1. Applicant Name Mr. David Nelson phone (303) 289-5971 Address 6215 Colorado Boulevard City Commerce City State CO Zip 80022 2. Address or location of access North side of Colorado State Hwy 52 between CR 21 and CR 23 . Section 2 Township 1 North Range 67 West Subdivision Block Lot Weld County Road # N/A Side of Road N/A Distance from nearest intersectionl/4 mile from CR 23 3. Is there an existing access to the property? Yes X No #of accesses 1 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural U Industrial Q Temporary ❑ Subdivision ® Commercial Q Other 5. Site Sketch Legend for Accas Description: I COUNTY ROUTE 141 I AG = Agricultural � 1. RES - Residential AG !.�,k.: O&G= Oil&Gas o 0 D.R. = Ditch Road z AG z -c AG RES\ a /AG RES 0 AG 0 RES D e7 J AG m _ e AG RES N O&G, - 7 STATE HWY 52 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accident Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 blzl&l &l kL SPY January 16, 2002 Department of Planning Services 1555 N 17th Avenue Greeley, Colorado 80631 RE: USR Application by David L. Nelson for Lot B of Recorded Exemption No. RE2765 Dear Planning Department, Please accept this letter ae authorization for David L. Nelson's submittal of Use By Special Review Application for parcel of land I own described as Lot B of Recorded Exemption No. 1469- 02-1-RE2765 recorded January 12, 2001 as Reception No. 2819943, being a part of the P71/2 NE 1/4 of section 2, Township 1 North, Range 67 West of the 6th P.M. , County of weld. i understand and further authorize Dana Leavitt wth Jim Sell Design, Inc. to prepare and process this USR application in David L. Nelson's behalf. Mr. Nelson currently has a contractual interest in the above describe property and I understand a copy of said contract is submitted as part of the USR application. 3in�ly, /740-"tt-Tr...1-;th mea Grant Terry Owner And QQ'��'''))�� David L. Nelson President, Nelson Pipeline Constructors, Inc. • January 25, 2002 • Department of Planning Services Weld County JIM SELL DESIGN 1555 N. 17th Avenue Land,awe Anchilecture Engineering Greeley, CO 80631 En..awn mental Fr Com :nityPlaro,mq RE: Application for Use by Special Review Enclosed are the plans,drawings, documents and supporting papers for the Nelson Pipeline Constructors application. In addition to the required items listed in the Special Review Submittal Checklist, please find 3 copies of the Drainage Report, Traffic Report and Paving Report. Therd is a single copy of an authorization letter directing Jim Sell Design to act as agent for the applicant. As part of the review of these documents we are requesting a change in the size of the existing building envelope for this property. The existing building envelope is approximately 6 acres,in size. The proposed facility requires a building envelope approximately 12 acre in size. The outline of the proposed building envelope is shown on the accompanying site plans. The existing access easement is 35;feet in width. We propose to increase that to 55 feet in width to accommodate grading and drainage and access needs. There is an existing gas well located just north of the'proposed fence line-for the storage yard. We are in communication with the owners of the gas well to ensure continued access to the wellhead. As these plans and documents are being reviewed,please call our office with any questions you may have. *bison Pipeline Constructors and Jim Sell Design look forward to working with the Plarndlpg Department during the review and approval of this project. • Thank you for your time al consideration of this application. Sincerely, Jim Sell Design Inc. • • Dana J. e. itt . Project anager cc: D. Nelson • JIM SELL DESIGN,IN( 153 WEST MOON LAIN AVENUE FORT CO LON5 COLORADO 80524 •'70484.1921 Fax:970484.2443 I'll SELLDESIGN.COM . i I The printed portions of this form have been approved by the Colorado Real Estate Commission. (CBS3-9-99) I 2 THIS FORM 11AS IMPORTANT LEGAL CONSZQUENCX$ AND TIM Palmas stIWA.D CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 3 CONTRACT TO BUY AND SELL REAL ESTATE 4 (VACANT LAND—FARM—RANCH) 5 Date: August 9, 2001 6 I. AGREEMENT. Buyer agrees to buy and the undersigned Seiler agrees to sell the Property defined below on the terms and 7 conditions set forth in this contract. 8 2. DEFINED TERMS. I� 9 a. Buyer. Buyer, David L. Nelson and/or assigns 10 will take title to the real property described below as 1:1 Joint'Iknaots O 7bnants In Common 1 Other , II b. Property. The Property is the following legally described real estate: 12 13 Exhibit "A" attached to and made a part of this contract 14 15 I6 17 18 19 20 in the County of WELD ,Colorado.commonly known as 21 No. Vacant Land, Highway 52 (approximately 64.25 acres +/-) Fort Lupton, CO 8062: Street Address City State Zip 22 together with the interests,easements,rights,benefits, improvements and attached fixtures appurtenant thereto, all interest of Seller 23 in vacated streets and alleys adjacent thereto,except as herein excluded. 24 c. Dates and Deadlines. , 25 Item No. ,Reference Event Date or Deadline 24 1 §5a Loan Application Deadline N/A 27 2 §5b Loan Commitment Deadline N/A 28 3 §5c Buyer's Credit Information Deadline N/A 29 4 §5c Disapproval of Buyer's Credit Deadline N/A J li 30 ; 5 _§Sd Existing Loan Documents Deadline N/A 31 6 §5d Objection to Existing Loan Deadline N/A 32 7 §5d Approval of Loan Transfer Deadline N/A 33 8 §6a Appraisal Deadline N/A i I 34 , 9 §7a Title Deadline August 20, 2001 ' 35 10 §7a i Survey Deadline * N/A r 36 II §7b Document Request Deadline All exceptions to be delivered W/ccrapilrent 37 12 §8a 'Mk Objection Deadline August 29, 2001 38 13 §8b Off-Record Matters Deadline - August 20, 2001 39 14 § 8b Off-Record Matters Objection Deadline August 29. 2001 40 15 § 10 Seller's Property Disclosure Deadline August 11, 2091 41 16 § 10a Inspection Objection Deadline August 31, 2001 ~ 42 17 § l0b Resolution Deadline September 5. 2001 I 43 18 § I I Closing Date _- November 02, 2001 I 44 19 § 16 Possession Date Day ,of Closing 45 20 § 16 Possession Time immediately after Closing 46 X21 § 28 Acceptance Deadline Date August 10, 2001 47 22 § 28 Acceptance Deadline Time 9:00 PM 48 M-- * u� yer adc edg les existi g ur_yey dated p.�e t 81-_2000 49by Acklam Associates Inc. , for Recorded Exemption RE 27ti5 50I 51 d. Attachments. The following exhibits,attachments and addenda arc a part of this contract: 52 Closing Instructu rts,-i dal Description, Survey, Measurement Disclosure, 53 Transaction Broker Disclosure, Well Permit, C—DOT access permit, 54 Recorded Exemption approval conditions frcrn Weld County Planning 55 e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation 56 "N/A" means not applicable. 57 3. INCLUSIONS AND EXCLUSIONS. 58 a. The Purchase Price includes the following items(Inclusions): 59 (I) Fixtures. If attached to the Property on the date of this contract,lighting,heating,plumbing,ventilating,and air con- 60 ditioning fixtures,inside telephone wiring and connecting blocks/jacks,plants,mirrors, floor coverings,intercom systems, sprinkler 6l systems and controls; and N/A — Vacant Land Only, see ituB 4 for water rights included 62 63 64 65 66 67 No.CBS3/M-9-99. CONTRACT TO BUY ANI)SE1.1.READ.ESTATF.(VACANT LAND-FARM-RANCH) / -/ f1 Bradford Publishing.1743 Wares Sr.. Denver, • BCO 80202—(303)292-2500—www.bradfordpublivhing.com—4.99 Page I 6 G V I 'i 68 (2) Other Inclusions. lion the 69 porch shades,awnings,blinds,screens,window ocorver ty whether ccuurtai rods,attached or not tr�the stforage e of this and all keys.windows, applicableors,) fi window and 70 O Smoke/Fire Detectors, O Security Systems; and box(es)if included: 71 N/A - Vacant Land Only 72 73 74 (3) Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows: 75 76 N/A 77 78 (4) Water Rights. The following legally described water rights: Three (3) shares of capital stock in 79 The New Brantner Ditch Ccmpany 80 8I 82 83 (5) Growing Crops. With acs growing crops, 84 respect to the rowin cro .,Seller and Buyer agree as follows: All crops for the 2001 85 growing season to be retained by seller. 86 87 88 89 90 b. Instruments of Transfer. The Inclusions arc to be conveyed at Closing free and clear of all taxes,liens and encumbrances,except as 91 provided in§ 12. Conveyance shall he by hill of sae or other applicable legal instrumenl(s).Any water rights shall be conveyed by Bargain & 92 _sai_e_Detal_&_sbjck_L-,..erattficates_deed or 93 c. Exclusions. The following attached fixtures are excluded' fromthis applicable legal inslrumenl(s}. sale: 94 MINERAL RIGHTS OVINED BY SELLER ARE EXCLUDED FROM THIS SALE AND SHALL BE 95 RETAINED BY SELLER. 96 97 4. PURCHASE PRICE AND TERMS. The Purchase Price set liirth below shall be payable in U. S. Dollars by Buyer as follows: 98 991 $4 Amount 1(x1 Purchase Price $.,33.54.1.0.4.0_,......-- '''''. .':::7.:4:!.`3P`.. §Ab New Loan5,000.00 _ 102 4 --- §44— .Assumption Balance l03 /A 04 6 §4c --- «" N/A Il)5 7 —�. Cash at Closing ..... k.. roTnl _::_ 30,000.00 106 a. Earnest Money. The Earnest Money set forth in this Section, in the form of-- a check 1(17 metes of the Purchase!'rice and shall be payable to and held by Re _Max No is partSeller pa y- 107 / Northwest.,inc,1C I(18 flu el. The parties arnhotize delivery of the Earnest Money de ,sit to the('losing Company.it any,at oen iv, rthebacst c('Insinghchalf of both and ) h. New IA►an. Buyer shall obtain a new loan set forth in this Section and as follows: Conventional Other IIIThis loan will be secured!rya— he total loan amount,it, not in excess of$ (Isl, 2nd,etc.)deed of trust. 12 O maths, able at approximately$ - , shall he amortized over a period of ears I I 1 per _including principal and interest to exceed 7f� annum, plus, if required by Buyer's lender,a deposit of of the estimated annual real estate es and property II insurance premium. re loan is an adjustable interest rate or graduated payment loan,the payments and interest rate init'• y shall not exceed the I I5 figures set forth above. 1 i 6 Loan discount points,if hail be paid to lender at Closing and shall not exceed 117 the loan's interest rate,the first_ — %oldie al loan amount. Notwithstanding 18 balance,if any,shall he paid by loan discount points shall he paid by— — 119 Buyer shall timely pay Buyer's loan costs a loan origination fee not to exceed —__ ,andthc f 120 c. Assumption. Buyer agrees to assume and an existing loan in flre appr ' ale amount of the Assumption Balance set forth in this 121 Section, presently payable at $ per including 122 annum, and also including escrow for the following as indicated: cal ' ate Taxes, 'roppe Property Insurance Pretr ium,and 123 ncipal, interest presely at % per 124 Buyer agrees to pay a loan transfer lire not to exceed$__ 1 25 Al the lime of assumtion,the new interest rate shall not exceed % per annum and the new payment shall no ceed$ principal interest, pls escrow, if any. If the 126 actual principal balance of the existing bran at Closir s Icss than the Assumption Balm which closes the lamount of ca required from Buyer 127 at('losing to he increased by more than$_— .then O Buyer May•1'ernu .this contract effective upon receipt by Seller of 128 Buyer's written nuliee 411 Ierminiuion nr _ I24 Seller 0 Shall 0 Shall Ni released front liability on said loan. If applicable,compliance wr he requirements for release from ha- 130 hilily shall he evidenced by t ' cry at('losing of appropriate letter of commitment from lender.Cost payable release of liability shall he paid 13i by 132 d. Seller o rate Financing. Buyer agrees to execute a promissory note payablertom amount not to exccc 133 134 O Olt rs O Joint Tenants 0 T is in Common 135 Null Rate)hl' 81-11-83p O Other - ,on the note form us indicated: O(UCCC-Nn Default Rate) ' 82-3-95 1 of trust encumbering the Property, using the form a indicated: O Strict Due-On-Sale secured by a fist, 2n1,etc. d (TD 72-7-96) O Creditworthy (TD 73-7-9 ..v , No.CBS3/M-9.99. Page 2 0(6 '..{t1�d In{rfol 138 Buyer O Mud, O Skill Not execute and deliver,at Closing.a Security Agreement and UCC-I Financing Statement granting this holder 39 of the promissory note a (1st, 2nd.etc.)lien on thepersonal property promissory 1 on the basis of included this sale. The manissor note ing ri amortized O years O months, payable al$ 141 crest at the rate of per including principal % per annum. Payments shall commence 142 day of each succeeding and shall be du n the 143 and pay. e If not sooner paid,the balance of principal and accrued interest Ube due after ing.144 increased b of estimated annual real estate taxes,and O Shall O Shall Notsbe increasedrb y ts O Shall hail Not be f � 145 estimated ann property insurance noun The loan shall also contain the followingof 14Gtennx: if any payncnt not received within ca ar days after its due date, a late charge of %of such month) 147 bursements under the of trust shall be y payment shall be r Interest lender p %per annum. Default interest rate shall be 148 without a penalty except % r annum. Buyer mayy p pis- reppyay 149 150 Buyer O Shall O Shall No rovide a mortgagee's title insurance policy,at Buyer's expense. 151 c. Cash at Closing. All aim s paid by Buyer at Closing including Cash at Closing,plot. Dyer's closing costs,shall be in funds which 152 comply with all applicable Colorado laws, hich include cash, electronic transfer funds, ce ' ted check, savings and loan teller's check and 153 cashier's check(Good Funds). 154 5. FINANCING CONDITIONS AND OBLIG 'IONS. 155 a. Loan Application. If Buyer is to pay all or of the Purchase Price b aining a new loan,or if an existing loan is not to be released 156 at Closing, Buyer, if required by such lender,shall snake ' ten application b man Application Deadline(§ 2c). Buyer shall cooperate with 157 Seller and lender to obtain loan approval,diligently and timel rsue sam good faith,execute all documents and furnish all information and 158 dkrunreats required by terser,and.subject to§4,timely pay the sis obtaining such loan Of lender consent. Buyer agrees to satisfy the rea- 159 notable requirements of lender, and shall not withdraw the loan or Option application,nor intentionally cause any change in circumstances 160 which would prejudice lender's approval of the loan application not of the loan. 161 b. Loan Commitment. If'Buyer is to pay all or part the Purcha Price by obtaining a new loan as specified in§4h,this contract is 162 conditional upon Buyer obtaining a written loan commie including,if re d by lender, (I)lender verification of employment,(2)lender 153 approval of Buyer's credit-worthiness, (3) leader verif ion that Buyer has su ' at funds to close, and (4) specification of any remaining 164 requirements for funding said loan. This condition s 1 be deemed waived unless Se r receives from Buyer,no later than Loan Commitment 165 Deadline (§ 2c), written notice of Buyer's Inabil' to obtain such loan commitment. uyer so notifies Seller, this contract shall terminate. 166 •IF BUYER WAIVES THIS CONDITION. DOES NOT CLOSE,BUYER SHALL IN DEFAULT. 167 c. Credit Information. If Buyer' o pay all or pat of the Purchase Price by executing mmissory note in favor of Seller or if an exist- 168 fog loan is not to be released at Closing, s contract is conditional upon Seller's approval of Buyer tnancial ability and creditworthiness,which 169 approval shall be at Seller's sole and lute discretion. In such case:(I)Buyer shall supply to Seller Buyer's Credit Information Deadline 170 (§ 2c),at Buyer's expense, infor ion and documents concerning Buyer's financial,employment and c it condition; (2) Buyer consents that 171 Seller may verify Buyer's lint nd ability and creditworthiness(including obtaining a current credit report); any such information and do cu- 172 merits received by Sellers I be held by Seller in confidence, and not released to others except to protect Se • 's interest in this transaction; - 173 (4)if Seller does not pro written notice of Seller's disapproval to Buyer by Disapproval of Buyer's Credit De 174 this condition. If Se does provide written notice of disapproval to Buyer on or before said date,this contract shall t (4 m atcthen Seller waives 175 d. Existi man Review. If an existing loan is not to he released at Closing,Seller shall provide copies of the hi, documents(includ- 176 ing note,dec f trust,and any modifications)to Buyer by Existing Loan Documents Deadline(§2c). This contract is COMM. 41 upon Buyer's 177 review a approval of the provisions of such ban documents. If written notice of objection to such loan documents, signed b uyer, is not 178 recei by Seller by the Objection to Existing Loan Deadline(§2e).Buyer accepts the terms and conditions of the documents. lit ender's 179 val of a transfer of the Property is required,this contract is conditional upon Buyer's obtaining such approval without change in the to s of ISO such loan,except as set forth in§4c. If lender's approval is not obtained by Approval of Loan Transfer Deadline(§2c),this contract shall t I mutate on such date. If Seller is to be released from liability under such existing loan and Buyer does not obtain such compliance as set forth in 182 §4c,this contract ma be terminated at Seller's option. APPRAISAL PROVISIONS. 184 a. App ion. This subsection a. O Shall ❑Shall Not apply. 185 Buyer shall have the sole m to terminate this contract if the Purchase s the Property's valuation determined by 186 an appraiser engaged by 187 written notice of term ination and either a co . The contract shall terminate by Buyer giving Seller P sa or written n i er which confirms the Property's valuation is less than 188 the Purchase Price.receive e t c Appraisal Deadline(4 2c): If Seller does not receive s 189 the at line(4 2c),Buyer waives any right to terminate under this subsection. trnvra nnuce of termination on or before b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by O Buyer O Se er. 191 7. EVIDENCE OF TITLE. 192 a. Evidence of Title;Survey. On or before Title Deadline(§2c),Seller shall cause to be furnished to Buyer,at Seller's expense,a cur- 193 rent commitment for owner's title insurance policy in an amount equal to the Purchase Price or if this box is checked, O An Abstract of title 194 certified to a current date. If a title insurance commitment is furnished, it O Shall What' Nut commit to delete or insure over the standard 195 exceptions which relate to: *NOTE: Buyer & Seller acknowledge 196 (I) parties in possession, e that without an ALTA land 197 (2) unrecorded easements, survey, title =Tar)ies will not issue carters extended I98 (3) survey matters, coverage. • 109 (4) any tooled mechanics'liens, 2(X) (5) gap period(effective date of commitment to date deed is recorded),and 201 (6) unpaid taxes.assessments and unredeemed tax sales prior to the year of Closing. 202 Any additional premium expense to obtain this additional coverage shall he paid by ❑ Buyer ❑ Seller. An amount not to exceed 203 $_0— fir the cost of any improvement location certificate or survey shall be paid by O Buyer ❑Seller, II the cnu e'reeds this 204 amount, NIA. shall pay the excess on or before Closing.The improvement location certificate or survey shall 205 he recei veal by Buyer un Or before Survey Deadline(4 2c). Seller shall cause the title insurance policy to he delivered in Buyer as soon as practi- 206 cable at or after Closing. 207 b. Copies of Exceptions. On or before Title Deadline(4 2c),Seller,at Seller's expense,shall furnish to Buyer,(I) a copy of any plats, 208 declarations,covenants.coalitions and restrictions burdening the Property,and (2)if a title insurance commitment is required to he furnished.and 209 if this box is checketOg Copies of any Other Documents(or. if illegible, summaries of such documents) listed in the schedule of exceptions 2111 (Exceptions). Even if the box is not checked,Seller shall have Ow obligation to furnish these do:unents pursuant to this subsection if requested 211 by Buyer any time on or before the Doe ttttt ent Request Deadline(§2c). This requirement shall pertain only to dovments as shown of record in 212 the office of the clerk and recurder(s). 'the abstract or title insurance commitment,together with any copies or summaries of such documents fur- 213 niched pursuant to this Section,constitute the title documents('litle Documents). • No.CBSYM-9.99. Page 3 M ,r).:2�. - 214 8. TITLE. 215 . a. Title Review. Buyer shall have the right to in. • 216 any other unsatisfactory litle condition shown by the Title Documents Title shall hen signed nts. Written noticen behalf bof3Buyer and given en Iola elder of or before of 217 • Title Objection Deadline(§ 2c).or within live(5)calendar days after receipt by Buyer of any Title Docum nl(s)or endorsement(s) i dl rsemc n(s)dadding new 218 Exceptions)to the title commitment together with a copy of the Title Document adding new Exceptions)to title. If Seller does not receive Buyer's 219 notice by the Jowls)specified above,Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory, 220 b. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline(§ 2c)(rue 221 copies of all teasels)and surveys)in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title 222 platters 111)1 .shlc)Wll by the public reeerds of which Seller l,,is actual knowledge. Buyer shall have the right III inspect the I'anteny to determine if 223 any third podgiest has any right in the Property not shown by the public records(such as an unrecorded easement,unrecorded lease,or boundary 224 pint discrepancy). Writ en notice of any uns:tislactory conditiou(s)disclosed by Seller or revealed by such inspection shall be signed by or on 225 behalf of Buyer and given to Seller on or before Off-Record Matters Objection Deadline(§ 2c). If Seller does not receive Buyer's notice by 226 said date, Buyer accepts title subject to such rights,if any,of third panics of which Buyer has actual knowledge. 227 e. Special lining INstrkts. SPECIAL TAXING DISTRICT'S MAY IBE SUBJECT"II)GENERAL OBLIGATION INDEBTED- 228 NESS THAT IS PAW By REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WI'I'HINSUCH 229 DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MIL1. LEVIES AND 230 EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN 231 THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEB'T'EDNESS WITHOUT SUCII AN INCREASE IN MILL 232 LEVIES.BUYER SHOULD INVES'1'H:AfE'I'HE..DEWI'FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLLG- 233 AT'ION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH 234 INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. 235 In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result,if written notice is 236 received by Seller on or before Off-Record Matters Objection Deadline(§2c),Ibis contract shall then terminate. If Seller does not receive Buyer's 237 notice by such date,Buyer accepts the:effect of the Property's inclusion in such special taxing district(s)and waives the right to so terminate. 238 d. Right to Cure. If Seller receives notice of unlnerchnnability of title or any other unsatisfactory title condition(s)or commitment terms 239 as provided in §8 a or b above.Seller shall use reasonable effort to correct said items and hear any nominal expense to correct the same prior to 240 Closing. If such unsatisfactory title condition(s)arc not corrected on or before Closing,this contract shall then terminate;provided,however,Buyer 241 may,by written notice received by Seller,on or before Closing,waive objection to such items. 242 e. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. 243 Additionally,other tuners not reflected in the Title Documents may affect the title,ownership and use of the Property, including without limihn- 244 non boundary lines and encroachments,area,zoning,unrecorded easements and claims of easements,leases and other unrecorded agreements,and 245 various laws and governmental regulations concerning land use,development and CnVil'glmelltal matters. The surface estate may he owned sepa- 246 raely from the underlying mineral estate,and transfer of the surface estate does let necessarily include transfer of the mineral rights. Third panics 247 may told interests in nil,gas,other minerals,geothermal energy or water on or under the Property,which interests may give them rights to enter 248 and use the Property. Such matters may be excluded from the title insurance policy. Royer is advised to timely consult legal counsel with respect 249 to all such matters as there are strict time limits provided in this contract(e.g.,Title Objection Deadline(§2c and Off-Record Matters Objection 250 Deadline 1§ 2cJ). 251 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings) for which a 252 building permit was issued prior to Janney I, 1978,this contract shall be void unless a completed Lead-Based Paint Disclosure (Sales) form is 253 signed by Seller and the required real estate licensee(s),which must occur prior to the panics signing this contract. 254 10. PROPERTY DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline(4 2c), Seller agrees to pro- 255 vide Buyer with it written disclosure of adverse matters regarding the Property completed by Seller to the best of Seller's current actual knowledge. 256 a. Inspection Objection Deadline. Buyer shall have the right to have inspections)of the physical condition of the Property and Inclusions, 257 at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretiin, Buyer shall, on or 258 before inspection Objection Deadline(4 2c): 259 (I) notify Seller in writing that this contract is terminated,ated,or 260 (2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct(Notice to 261 Connect). , 262 If written notice is not received by Seller on or before Inspection Objection Deadline(§ 2e), the physical condition of the Property and 263 inclusions shall be deemed to be satisfactory to Buyer. 264 Ii. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement 265 thereof on or before Resolution Deadline(I 2c),this contract shall terminate one calendar day following the Resolution Deadline(§ 2c),unless 266 before such termination Seller receives Buyer's written withdrawal of the Notice to Correct. 267 c. Damage;Liens;Indemnity. Buyer is responsible for payment for all inspections,surveys,engineering reports or for any other work 268 performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities. Buyer shall 269 not permit claims or liens of any kind against the Property for inspections,surveys,engineering reports and for any other work performed on the 270 Property at Buyer's request. Boyer agrees to inlenmify,protect and hold Seller harmless from and against any liability,damage,cosi or expense 271 incurred by Seller in connechtot with any such inspection,claim,or lien. This indemnify includes Seller's right to recover all costs and expenses 272 incurred by Seller to enforce this subsection,including Seller's reasonable attorney fees. The provisions of this subsection shall survive the ter- 273 mint hod of this cuntmet. 274 II. CLOSING. Delivery of deed(s)from Seller to Buyer shall be at Closing(Closing).Closing shall he on the date specified as the Closing 275 Date(4 2c)or by mutual agreement at an earlier date. The hour and place of Closing shall he as designated by Re/ Northwest, Inc,r 276 Trani L. T'hieman 277 12. TRANSFER OF T'IT'LE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and 278 provisions hereof.Seller shall execute and deliver a good and sufficient General Warranty deed e 279 conveying the Property tree and clear of ailtaxes except the general taxes for the year of Closing. Except as provided herein,title shall he con- 280 veyed free and clear of all liens, including any governmental liens for special improvements installed as of the dale of Buyer's signature hereon, 281 whether assessed or Intl. Title shall be conveyed subject to: 282 a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accor- 283 dance with §Ha['Mkt Review), 284 b. distribution utility easements. 285 e. those specifically describe)rights of third pities not shown by the public records of which Buyer has actual knowledge and which were 286 accepted by Buyer in accordance with§8b(Matters Not Shown by the Public Records',and 287 d. inclusion of the Property within any special taxing district,and 288 e, the benefits and burdens of any declaration and party wall agreements,if any.and 289 f. other _ __ 290 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this• 291 transaction or from any other source. 292 14. CLOSING COSTS;DOCUMENT'S AND SERVICES. Buyer and Seller shall pay, in Good Funds,their respective Closing costs and 293 all other items required to be paid at Closing,except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or rca- 294 sonably required documents at or before Closing. Fees for real estate Closing services shall be paid al Closing by ICOne-Half by Buyer and 295 One-Half by Seller O Buyer a Seller 0 Other • 296 The local transfer tax of N/A %of the Purchase Price shall be paid at Closing by U Buyer ❑Seller. Any sales and use tax that may 297 accrue because of this transaction shall be paid when due by ❑Buyer 0 Seller. No.CBS3/M-9.99. Page 4 of II r - '298 1S. PROBATIONS. The followin 299 g snail be prorated to Closing Date,except as otherwise provided: •a. 'taxes. Personal property hues,if any,and general real estate taxes for the year of Closing.based on 300 IN The Taxes for the Calendar Year laxgredialely Preceding Closing ❑ The Most Recent Mill Levy and Most Recent Assessment 301 11Oliter See contract Addendytl for explanation on proration • 302 b. Rents. Reins based on O Rents Actually Received O Accrued. Security deposits held by Seller shall be credited to Buyer. Seller 303 shall assign all leases to Buyer and Buyer shall assume such leases. 304 c. Other Proration. Water,sewer charges;and interest on continuing tails).if ally;and 305 • None other 306 d. Final Settlement. Unless otherwise agreed in writing,these proration shall be final. 307 16. POSSESSION. Possession of the Prglcuy shall be delivered to Buyer on Possession Date and Possession Time (§ 2c), subject to 308 the Billowing lease(s)or lenahl y(s): Pale 3(y) _.-- ---------------- 310 --- -- 311 II Seller,after Closing.fails to deliver possession as specified,Seller shall be subject to eviction anti shall he additionally liable to Buyer Ior 312 payment of b 150.00 per day from the Possession Date(§2c)until possession is delivered. 313 17, NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted,this 314 contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. 315 18. CONDITION OF,AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract.the Property, 316 Inclusions or both shall he delivered in the condition existing as of the dale of this contract ordinary wear and tear excepted. 317 a. Casualty; Insurance. In the even the Property or Inclusions shall be damaged by lire or other casualty prior to Closing,in an amount 318 of not more than ten percent of the total Purchase Price,Seller shall be obligated to repair the same before the Closing Dale(§ 2c). In the'event 3I9 such damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Buyer by deliv- 320 Bring to Seller written notice of termination Should Buyer elect to carry,out this contract despite such damage,Buyer shall be entitled to a credit, 321 at Closing,for all the insurance proceeds making from such damage to the Properly and Inclusions payable to Seller but not the owners'associ- 322 ation,if any,plus the aimam of any deductible provided for in such insurance policy,such credit Ind to exceed the total Purchase Price. 323 b. Damage; lncluxiots; Services. Standd any hclusion(s)or servicets) t 324 ing,plumbing,etc.)tail or be damaged between the date of this contract and Closing rd or possession, ,whichever shall be earlier,then Seller shall,alt; 325 326 to liable for the the extent that�their omaintenance I or replacement of such Inclusion(s),service(s)orSfixture(s)is not the responsibility of the ow ners'imilar size,agc and quality,or an equivalentd but association, 327 if any,less any insurance proceeds received by Buyer covering such repair or replacement.The risk of loss for any damage to growing crops,by 328 lire or other casualty,shall be borne by the party entitled to the growing crops,if any,as provided in§ 3 and such party shall be entitled to such 329 insurance proceeds or benefits for the growing crops,if any. 330 c. Walk-Through;Verification of Condition. Buyer,upon reasonable notice,shall have the right to walk through the Pro r1prior to 331 Closing to verify that the physical condition of the Property and Inclusions complies with this contract. y P . 332 19. RECOMMENDATION OF LEGALAND TAX COUNSEL. By signing this document,Buyer and Seller acknowledge that the Selling 333 Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title 334 and consultation with legal and tax or other counsel before signing this contract. 335 20. TIME OF ESSENCE AND REMEDIES. 'lime is of the essence hereof. If any note or check received as Earnest Money hereunder or 336 any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not performed or waived as 337 herein provided,there shall be the following remedies: 338 a. If Buyer is in Default: 339 (I) Specific Performance. Seller may elect to treat this contract as canceled,in which case all payments and things of value received 340 hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat 341 ttb's'gptrael as being in full force and effect and Seller shall have the right to specific performance or damages,or both. 342 2) Liquidated Damages. All payments and things of value received hereunder shall he forfeited by Buyer and retained on behalf of 343 Se}her and both parties shall thereafter be released front all obligations hereunder. It is agreed that such payments and things of value arc LIQUl- 344 DATED DAMAGES and (except as provided in subsection c)arc SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the 345 obligation of this contract.Seller expressly waives the remedies of specific performance and additional damages. 346 b. If Seller Is In Default: Buyer may elect to treat this contract as canceled, ill which case all payments and things of value received 347 hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force 348 and effect and Buyer shall have the right to specific performance or damages,or both. 349 c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract,the arbitrator or court shall award to the pre- 350 wailing party all reasonable costs and expenses,including attorney fees. 351 21. MEDIATION, If a dispute arises relating to this contract,prior to or after Closing,and is not resolved,the parties shall first proceed in 352 good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the 353 dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is 354 binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation,unless oth- 355 erwise agreed,shall terminate in the event the entire dispute is DM resolved 30 calendar days from the date written notice requesting mediation is 356 sent by one patty to the uther(s).This Section shall not alter any date in this contract,unless otherwise agreed. 357 22. EARNIS'T MONEY DISPUTE. Nawkhstailding any termination of this contract.Buyer and Seller agree that.in the event of any con- 358 troversy regarding the Earnest Money and things of value held by broker or Closing Company(unless mutual written instructions are received by 359 the holder of the Earnest Money and things of value),broker or Closing Company shall not be required to take any action but may await any pro- 360 seeding;or at broker's or Closing Company's option and sole discretion,may interplead all parties and deposit any nnneys or things of value into 361 a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 362 23. TERMINATION, In the event this contract is terminated,all payments and things of value received hereunder shall be returned and the 363 patties shall he relieved of all obligations hereunder,subject to§§ 104 21 and 22. 364 24. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado o Real Estate Commission.) 365 ink 1. This contract is expressly contingent upon successful approval of Use by Special 367 Review by Weld County Planning Department for cvtwercial activity/AG use, C-DCYP 368 approval of amended highway access permit for new use, State of Colorado Division of 369 Water Resources approval of well permit for Buyer's new use or amended well permit 370 for cctnnercial use and any other requirements by Weld County or the State of 371 Colorado for Buyer to use property for business and agricultural use desired. 372 All parties understand it may be necessary to amend existing Recorded Exatption in 373 order to enlarge building envelope to fit Buyer's needs and this contract is further 374 contingent upon this approval by Weld County Planning Department. 375 376 2. Buyer and seller understand and agree that Buyer shall have a first right of refusal 377 to purchase the seller's residence known as 10711 Highway 52, Fort Lupton, Colorado, 378 described as parcel/Lot "A" including all improvane)ts thereon with approximately 13.86 acres more or less at any such future time Seller'S may desire to sell. Seller shall notify Buyer in writing of seller's desire to sell Lot "A" prior to placing property on open market. Buyer shall have not more than 20 days after recei t� of,notice the cent act to purchase property at a fair market, value. $$,ty �7eec r 6-I ikeL I C°Cic e_ 7/ ,7,-.:( ,�. `tPelt � ,! ,�� l / / Na CBSYM-9-99.1 Peg o b 1 ! '- `\ Initial - '379 24. ADDITIONAL PROVISIONS.(Cart). (The language of these additional p ovlsions hog not been approved by the Colorado Real Estate Commission.) 380 381 3. Contract Addendum attached to and made a part of this contract. 382 ' 383 384 385 386 25. ENTIRE AGREEMENT;SUBSEQUENT MODIFICATION;SURVIVAL. This contract constitutes the entire contract between the 387 parties relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or written,have been merged and integrated into 388 this contract.No subsequent modification of any of the terms of this contract shall be valid,binding upon the parties,or enforceable unless made 389 in writing and signed by the parties. Any obligation in this contract which,by its terms,is intended to be performed after termination or Closing 390 shall survive the same. 391 26. FACSIMILE. Signatures 8KMay a May Not be evidenced by facsimile. Documents with original signatures shall he provided to the 392 other party at Closing,or earlier upon request of any party. 393 27. NOTICE. Except for the notice requesting mediation described in§21,any notice to Buyer shall be effective when received by Buyer 394 or by Selling Company and any notice to Seller shall be effective when received by Seller or Listing Company. 395 28. NOTICE OF ACCEPTANCE; COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and Seller,as eve- 396 deuced by their signatures below,and the offering party receives notice of acceptance pursuant to§27 on or before Acceptance Deadline Date 397 and Acceptance Deadline Time(§ 2c). If accepted,this document shall become a contract between Seller and Buyer. A copy of this document 398 may be executed bye h party,separately,and when each party has executed a copy thereof,such copies taken together shall be deemed to be a 399 full a QQ coot,, let ween the parties. 400 N_,_ !''; 7 Buyer Buyer 401 Date of Buyer's Signature: C ei/t9/ Date of Buyer's Signature: 11r2d'Y /Vein' # > > 402 Buyer's Address: �} i • ( /-.N�i 744"/ LC. d•5 �j 403 Buyer's Telephone No: % 70 • `-6,i; ''J..1 Buyer's Fax No: : sE ;r ; 0zc291 , 9)291 , (J.407 Da of Iler's Signature: d D D per.^/� -D/ /3'/) jr Dale of Seller's Signature: 408 Seller's Address: 409 Seller's Telephone No: • Seller's Fax No: 410 29. COUNTER; REJECTION. This offer is O Countered O Rejected. 411 Initials only of party(Buyer or Seller)who countered or rejected offer 412 END OF CONTRACT 413 I Note: Closing Instructions should be signed on or before Title Deadline. 414 BROKER ACKNOWLEDGMENTS. The undersigned Broker(s)acknowledges receipt of the Earnest Money deposit specified in § 4 and, while not a party to the contract,agrees to cooperate upon request with any mediation conducted under§21. 415 Selling Company Brokerage Relafonshlp,The Selling Company and Its licensees have been engaged in this transaction as f]Buyer Agent LI Seller Agent/Subagent ❑Dual Agent, IN Transaction-Broker. 416 Listing Company Brokerage Relationship,The Listing Company and its licensees have been engaged in this transaction as O Seller Agent 417 O Dual Agent 0 Transaction-Broker, 418 BROKERS'COMPENSATION DISCLOSURE. 419 Selling Company's compensation or commission is to be paid by: O Buyer nil Seller O Listing Company O Other 420 421 (To be completed by Listing Company) Listing Company's compensation or commission is to be paid by: 422 O Buyer a Seller O Other 423 Selling Comp y: Re/Max, or st,. Inc. , 12000 Pecos St. , Suite 160, Westminster, CO 80234 t. , Name of Company 424 it • ,,_. ?/l T iE•ll?ct ,v 8/9/01 Signature Date 425 Selling Company's Address: 426 Selling Company's Telephone No: (303)457-4800 Selling Company's Vax No: (303)252-8133 Cell (303)888-1555 427 Listing Co)ppan Re/Max Northwest, Inc. 12000 Pecos St., Suite 160, Westminster, CO 80234 �`' „ j Nnqqq!!!roc y 428 By: ln-. . , , inn/ ��0 X71 Signature Date 429 Listing Company's Address: 430 Listing Company's Telephone No: (303)457-4800 (303)252-8133 Listing Company's Fax No: No.CBS3/M-9-99. Page 6 at 6 RF/AllsX northwest, Inc. a1� Each Mc*IMINASIrr(bald ae°weed `.d�'rr• SC, agg`rK-ggla-iJI :• 12000 pesos street • Westminster, coloredo 80234 (303) 457-4800 Xr CONTRACT ADDENDUM RE: Contract for properly doscrilmd as: See Exhibit "B" - LOT "B" of Recorded Exemption No. 1469- - 02-1-RE-2765 situated in the County of WEED — ////i// --- .Coloradn allied August / 2001 Imlween David L. Nelson and / — — — - or assigns and James Grant Terry and Ma Ann Ter - -- as Purchasers (The language of this Contract Addendum has not been approved by the Colorado Real Estatere. Ca:mission.) A. This contract shall extend automatically for an additional 60 days in the event all required approvals by County and State agencies are not omplete on or before closing date. In the event all approvals are cxmplete prior to closing date, buyer and seller by mutual written agreement may close at an earlier date. B. Real Estate tax proration shall .be based on the taxes for LAND .ONLY for the calendar year immediately preceding closing. All parties understand and agree to the following proration based on a closing date prior to January 1, 2002: as .Weld County assessors office does not have new assessments for land based on the Recorded Exemption for this property approved last year by Weld County Planning, therefore taxes. shall be based on current assessments available for the year 2000.. Land assessed at.$11',040.'00 X 78.230 Mil Levy equalling $813.72528 : by 78.230 acres per assessors records = $10.4017 per acre X 64.25 acres per survey = $668.3094 shall be figure used for tax proration. In the event this sale. clri s after December 31, 2001 the same method shall be used based on any new assessed values available for land only. C. Buyer understands and agrees all costs and expenses for application fees, permits to C-DOT, well amendments, advertising as may be required by Weld County Planning for public hearings shall be at Buyer' s expense. Per Weld County Planning applicaton fee for Use by Special Review is $1100. 00. Exact amount of other fees that may be required by County and State of Colorado are unknown. > t,(,1n Dale c1/4/0/ Purchaser Dale /I/ d / Sell r - - _.._-Dale I . It d/ Purchaser — - — ,V, j Dale Q r l e a Listing Agee : )1 /.L't,r -,v. . , Gt-�'�.,—. Seta/ geN:' -. 8y - RF/AIM northwest, hi es, Each atuaym t uidandly Gaud as Own,'o .12000 pecos street YF Westminster, coloredo 80234 © (303) 457.4800 tar � AGREEMENT TO AMEND/EXTEND CONTRACT THIS FORM I IAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. The printed portions of this form,except(italicized)(oiccertenttatev)additions,have been approved by the Colorado Real Estate Commission.(AE4 1-9-00) Date: August 28, 2001 RE: Contract dated • August 9, 2001 between David L. Nelson and/or assigns ,(Buyer)and James Grant Terry and Mary Ann Terry .(Seller),relating to the sale and purchase of the following described real estate in the County of )gF.T,n ,Colorado: LOT B of Recorded Exemption No. 1469—02-1-RE-2765 recorded January 12 ; 2001 as Reception No. 2818943, being part of the W 1/2 NE 1/4 of Sect. 2, Twn, 1 N, Rng. 67 West of the 6th P.M known as No. Vacant Land, Highway 52, Ft, Lupton, CO (Property) 80621 Street Address City State Zip Buyer and Seller hereby agree to amend the aforesaid contract as follows: §2c. Dates and Deadlines. Item No. Reference Event Date or Deadline 1 §5a Loan Application Deadline N/A 2 •§Sb A Loan Commitment Deadline N/A 3 § 5c Buyer's Credit Information Deadline N/A 7 4 §5c Disapproval of Buyer's Credit Deadline N/A 5 § 5d Existing Loan Documents Deadline N/A 6 § 5d Objection to Existing Loan Deadline N/A 7 § Sd Approval of Loan Transfer Deadline N/A 8 §6a Appraisal Deadline N/A 9 §7a Title Deadline N/A 10 § 7a Survey Deadline N/A 11 § 7b Document Request Deadline Copies of Exception requested :rom fit 12 § 7c,§ 8a Governing Documents&Title Objection Deadline September 12, 2001 Comp 13 § 8b Off-Record Matters Deadline N/A 14 § 8b Off-Record Matters Objection Deadline September 12, 2001 IS , § 8e Right Of First Refusal Deadline N/A 16 § 10 Seller's Property Disclosure Deadline September 5, 2001 I7 § lea Inspection Objection Deadline October 30, 2001 I8 § IOb Resolution Deadline November 5, 2001 19 § 11 Closing Date February 28, 2001 20 § 16 Possession Date N/A 21 § 16 Possession Time 22 N/A §28 Acceptance Deadline Date N/A 23 § 28 Acceptance Deadline Time N/A Other dates or deadlines set forth in said contract shall he changed as follows: NONE OTHER Additional amendments: NONE OTHER All other terms and conditions of said contract shall remain the same. i This proposal shall expire unless accepted in writing,by Buyer and Seller,as evidenced by their signatures below,and the offering an race' es notice of acceptance on or before September 4, 2001 Date Time a. i 1p11 Se Seller � ��' / /d ate f eller's signature 9. S-0/ Date of Seller's signature 9-s -°/ / 9 :) / Buyer q Buyer Date of Buyer's signature ` O/ Date of Buyer's signature No.AE41.1.00 AGREEMENT TO AMEND/EXTEND CONTRACT RVA/I northwest. inc. lf♦ AEach Office Independently Owned and Operated .•w ..I 12000 pecos street, suite 160 Westminster, Colorado 80234 if ei Come (303)457-4800 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. EXCHANGE ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE 1. AMENDMENT TO A CONTRACT TO BUY AND SELL REAL ESTATE. This Exchange Addendum ("Addendum") is made a part of a Contract to Buy and Sell Real Estate for the purchase and sale of the Property: LOT B of Recorded Exemption No. 146902.-1-RE-2765 recorded January 12, 2001 known as No. Vacant Land. Hiahtaav 52 . Fort Lunton, Colorado 80621 which is dated Auxnst 9, 7001 between the Buyer and Seller(Contract).This Addendum shall control in the event of any conflict with the Contract to which it is attached. 2. PARTIES. IN THIS ADDENDUM: a. lk Buyer O Seller is also known as the Exchanging Party(Exchanging Party) b. O Buyer ® Seller is also known as the Cooperating Party. (Cooperating Party) 3. DECLARATION OF INTENT. Exchanging Party has declared its intention that the purchase or sale of the Property be structured as an exchange of real estate under the terms and requirements of Section 1031 of the Internal Revenue Code(Exchange). 4. LIMITED ASSIGNABILITY; COOPERATION. Notwithstanding any other provision of the Contract,the parties agree that the Exchanging Party's rights under this Contract are assignable prior to closing to structure an exchange of the Property under Section 1031 and the Cooperating Party agrees to reasonably cooperate in such exchange with the Exchanging Party at no additional cost or liability to the Cooperating Party. This addendum shall not alter any date in the Contract. 5. LEGAL/TAX ADVICE; OTHER LEGAL DOCUMENTS. Broker recommends legal and tax advice be obtained.Exchanging Party understands that other legal documents may be necessary to comply with the requirements of Section 1031. 6. EXCHANGE NOT A CONDITION. Nothing herein shall be construed to relieve the parties from their respective obligations under the Contract, whether or not the intended Exchange occurs. BUYER B y: barn DATE 8/9/01 Nelson Pipe m e Constructors, Inc, by Dave Nelson CC)SELLER QyyJ DATE 8/10/01 he printed portions of this form have been approved by the Colorado Real Estate Commission. :achange Addendum(EX 32-147) 'eaIFA$TO Forms,Box 4700,Frisco,CO 80443, Version 0.08,CRealFA$TM,2001;Regis LCOCOL226511 Omplated by-Toni Thiamin,Broker Associate,RE/MAX Northwest,Inc. ( 10/02/01 12:34:09 Page 1 of 1 , 20'3JHd 5 SS 9bf �,6 r bi:ST i0. 6T IJtif iI i i 1-1S' ihi f a :: i 4i J#11 (S�i ti 4 t ; t.t�t+a�,:4� 1''t i„1, mp Pit Ili 3TI I i et1 E T ppe zpC� ®E'�71 u r ■s a �`,Sif} ;Irs ��'I111 F ° l 'Tilt !H ilm S )13 ` !p S gyp` i q ill i et, ° gig ss.₹ ps , �f Jft .{ J )% _ zg Fl isIfiI l4 4S Iairr¢ t jiIj0. SE111 5 !ties e . F +.l 1 ill I IpI !I s liP r, fez' lakia i ;g F �� is! 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O a s:*.n..n.Jo,7J ii ! 1 IO ItO ti w o •u y i§g4 a ; (.> N. . •• E Ez •• in; i 3 bt f A r I$ ta 0.Ell lit 4114•canNrM+u MI 9 r S c, .., 1 l .[1910[ , n 1 X ll ;Z. OC l Aran 5 Aaam w ', • 1 . 1 z LI, i _ '' (aauvldtm) Vi , 111 WO� ! . o u. Y .-.,.iy4-,wiw NN l yw9ti AI ta 4 4 t: 1.@:!1, ,1viiin r,7k��''J' i k 1£ .�dMr■s■rw 00, em�W. m 0. • • i!!!!wr vr4"ECGL` G�LSE t 7.n/7nn1T1 _._ . . January 21, 2002 • JIM SELL DESIGN Ln lamp,,{ndehihen l)ndxnmrNn(L t~waly Hannah? Mr.Dave Nelson Nelson Pipeline Contractors 6215 Colorado Boulevard Commerce City, CO 80022 . RE: Nelson Pipeline Facility Site Plan- Project#2170 Pavement Design Dear Dave: Jim Sell Design prepared a pavement design for your proposed facility off State Highway 52 near Fort Lupton. We assumed a conservative structural number for the pavement design based on required minimums presented in the Larimer County Urban Areas Street Standards (LCUASS). We selected a design structural number of 3.29, corresponding to the LCUASS minimum for local industrial/commercial roads. We determined that a pavement section comprised of 8" of aggregate base course and 6" of hot bituminous pavement (HBP) would provide an acceptable structural number of 3.52. The attached spreadsheet summarizes this design. If you require a more detailed design, and perhaps a thinner pavement section, in which the design structural number is determined based on field soil data rather than default minimums, then a geotechnical engineer will need to be consulted. Should you have any questions, or require additional information, please do not hesitate to contact me. Sincerely, Jim Sell Design, Inc. Ki nt Bruxvoort, P.E. Director of Engineering • E:VROJECT MLESLLANDVITOD.DOCSVAVEMENt 012102.DOC JIM SELL DESIGN,INC. 153 WEST MOUNTAIN AVENUE FORT COLLINS,COLORADO 80524 970484.1921 FAX'970484.2443 JIMSELLDESIGN.COM PAVEMENT SECTION CALCULATIONS Nelson Pipeline Jim Sell Design, Inc. 2170 12/10/00 JFS MATERIAL STRENGTH COEFFICIENTS, per Table 10-1 Larimer County Urban Street Standards Pavement Material strength coeff./in. New Aggregate Base Course 0.11 Hot Bituminous Pavement 0.44 (Grading SX, S, SG) MINIMUM / MAXIMUM LIFT per PAVEMENT GRADING Grading SX Grading S Grading SG Minimum 1.5" 2" 3" Maximum 2.5" 3" 5" NOTES: 1.All aggregate base course sections must be a minimum of 6" (per Larimer County Urban Street Standards, Table 10.1) 2. Surface course sections must consist of Grading S for all industrial/commercial roadways. 3.All pavement sections were designed to meet or exceed the minimum Structural Number(SN)and minimum overall depth as required in the Larimer County Urban Street Standards. Access Road and Parking Area. Local Commercial Min. SN = 3.29 Thickness Pavement Material in. Structural No. New Agg. Base Crse. 8 0.88 Hot Bit. Grading S 2 0.88 Hot Bit. Grading SG 4 1.76 Totals 14 3.52 Nelson Pipeline Facility 2170 PVMT CALCS.xls 1 January 18, 2002 Hello