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Home My WebLink About20062206.tiff PUD ANAL PLAT gAjf + \ ADMINISTRATIVE REVIEW t eri COLORADO CASE No.: PF-555 PLANNER: Kim Ogle APPLICANT: John Davis, Lyons 66 Pacific, LLC ADDRESS: 1210 Commerce Court, Unit#36 Lafayette, CO 80026 REQUEST: Lyons 66 Pacific Commerce Park: PUD Final Plat for a 15 Lot development with Business Commercial (C-3)and Industrial ( I-1)uses in the Mixed Use Development area LEGAL: Part of the NW 1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to 1-25 Frontage Road, and South of and adjacent to State Highway 66 ACRES: 35.01+/- PARCEL#: 1207-26-000034 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19,22,23,24 and 26 of the Weld County Code . The proposed site is not presently influenced by an Inter-Governmental Agreement with the Town of Mead. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-90.6.1 (UGB.Goal 2) states, "Concentrate urban development in or adjacent to existing municipalities or the 1-25 Mixed Use Development area and maintain urban growth boundary areas that provide an official designation between future urban and non-urban uses." The Department of Planning Services and the County Attorney's office determined that when the application was submitted and under review there was not an IGA in place between Weld County and the Town of Mead, therefore, it was determined by the Weld County Attorney's office that this application would not be subject to Article VIII, Chapter 19 of the Weld County Code (Ordinance 215) given that Article VIII, Chapter 19 of the Weld County Code (Ordinance 215)was not adopted prior to the submittal of the Sketch Plan application. The proposal is not influenced by an IGA with the Town of Mead. 2) Section 22-2-60.C(A Goal 3) -Provide mechanism for the division of land which is AL /‘, 7O PF-555,LYONS 66 COMMERCIAL BUSINESS PARK,page 1 2006-2206 agriculturally zoned. Options for division shall be provided to ensure the continuation of agricultural production and accommodate low intensity development. Urban-scale residential,commercial and industrial development will be discouraged in areas where adequate services and infrastructure are not currently available or reasonably obtainable. The applicant is proposing a 15 Lot development with Business Commercial (C-3) and Industrial (I-1) uses on 35.01 acres. Currently the land is vacant, with future development to be served by the Little Thompson Water District and the St.Vrain Sanitation District. 3) Section 22-2-60.C (A. Goal 3) - Conversion of agricultural land to urban scale residential, commercial, and industrial uses will be considered when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area, 1-25 Mixed Use Development area or urban development nodes, or where adequate services are currently available or reasonably obtainable. The proposed site is located within the Employment Center- High Intensity for the Mixed Use Development (MUD) area, and is not within an Inter-Governmental Agreement (IGA)boundary. The surrounding property is primarily commercial and industrial uses to the north and east, rural residential and land tract agricultural lands to the south. Interstate 25 is located to the west of the site followed by commercial uses. B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code.The applicant has met the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements,circulation, etcetera. The applicants have not submitted an Improvement Agreement According Policy Regarding Collateral for Improvements for both Private and Public Road Maintenance. The Improvement Agreements will be required to be approved and accepted by the Board of County Commissioners prior to recording the final plat. The applicant has chosen to adhere to the bulk requirements of the (C-3) Business Commercial Zone District and I-1 Industrial Zone District. A Site Plan Review will be required prior to any commercial/industrial use occurring on the property. The intent of the Site Plan Review is to"provide present and future residents and users of land in the County a means whereby orderly and harmonious development is ensured in the County. The Site Plan Review process requires additional consideration to ensure that the uses permitted are established and operated in a manner that is compatible with existing and planned land uses in the neighborhood. Site Plan Reviews are designed to protect and promote the health, safety, convenience, and general welfare of the present and future residents of the County." Items addressed through the Site Plan Review include,but are not limited to, number of employees, building construction,signage,landscape treatment,drainage,parking,outside storage,loading services areas and environmental criteria. The Site Plan Review will ensure compatibility with surrounding land uses. C. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning,and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities.The proposed site is within the Mixed Use Development area and is located within the referral boundary for the Town of Mead and the Town of Firestone. The Town of Mead reviewed the proposal and in their referral dated June 24,2005,"The Town Board objects to the County approving this as an unincorporated development because the Town fundamentally surrounds this parcel,and this will thus create an unincorporated enclave. The Town of Mead Board requests that the County require the applicant to petition the Town for annexation: The Town of Firestone did not return a referral indicating no conflict with their interests. The Department of Planning Services believes that the granting of this PUD Final PF-555,LYONS 66 COMMERCIAL BUSINESS PARK,page 2 Plan will have a minimal impact on the surrounding land uses. D. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. Domestic and fire suppression water will be provided by the Little Thompson Water District and the Saint Vrain Sanitation will handle the effluent flows. The Weld County Department of Public Health and Environment has indicated that the proposal does meet current Health Department policy and the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer. E. Section 27-7-40.C.5-- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department reviewed this request and indicated no conflict with the proposed plan. The Department of Public Works in their referral dated June 28, 2005 stated that coordination should occur between the Colorado Department of Transportation and the applicant,specific to pavement design. The Colorado Department of Transportation in their referral dated May 27, 2005 stated "No comment"to this application. F. Section 27-7-40.C.6 — In the event the street or highway facilties am not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. The Weld County Public Works Department has reviewed the proposal and has determined the internal streets meet the requirements of Chapter 24 of the Weld County Code. 1-25 Frontage Road is delineated on the MUD Structural Transportation Network Map 2.2 as a 4-Lane Undivided Secondary Road and will provide primary access to the site from the south. State Highway 66 is delineated on the MUD Structural Transportation Network Map 2.2 as a 4-Lane Undivided Secondary Road and will provide primary access to the site from the north. The frontage road right-of-way shall be dedicated to CDOT, and the connection right-of-way shall be dedicated to Weld County. The Department of Public Works stated in their referral dated June 28, 2005 that their office had reviewed the 1-25/State Highway 66 Commercial -Weld County, Colorado (LSC#001200)sealed by Alex J.Ariniello (Colorado PE#14982)with LSC Transportation Consultants, Inc. dated September 27, 2000. The report is acceptable to the Department of Public Works. This information stated that the project will contribute approximately 10% of the traffic on the adjacent section of State Highway 66. The developer will be required to escrow funds to pay for improvements to State Highway 66 mitigating traffic impacts. The roadway,drainage,utility/construction plan drawings submitted by Swift and Associates -Consulting Engineers dated January 2004 was reviewed by the Department of Public Works on June 28, 2005. The applicant shall at a minimum, provide Stamped Construction drawings. Outlot D shall be labeled as "reserved as CDOT right-of-way" along State Highway 66. Gloria Hice Idler, in her letter date February 7, 2005 asked the applicant to reserve an additional 100-foot right-of-way along State Highway 66. Outlot E should be reserved for the proposed future connection with CR 9.5(80 feet of right-of-way)on all Final Plat drawings. The typical Road Cross Sections should specifically show and dimension: travel lanes, center turn lane, curb and gutter and sidewalk on all final plans. The plans described herein, shall be resubmitted to the Department of Public Works for review and approval. All drawings must be sealed by the engineer of record, before the Department of PF-555,LYONS 66 COMMERCIAL BUSINESS PARK,page 3 Public Works will permit the case to proceed through the development process and before the plat may be recorded. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits,and soil conditions on the subject site. This site is located within the Mixed Use Development overlay district, as recognized by Weld County. Adequate provision has been made for the construction of commercial and industrial structures and the connection to utilities on the site. A Site Plan Review will be required for each developed parcel. H. Section 27-7-40.C.8—lf compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The Department of Planning Services has determined that the Final Plan does accurately reflect the intent of the Development Guide, as submitted by the applicant. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to recording the PUD Final Plat: A. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance and Private Road Maintenance) including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. (Department of Public Works) B. The Restrictive Covenants for (Lyons 66 Commercial Business) shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. (Department of Planning Services) C. The realignment or modification of the connections to CR 9.5, to 1-25 Frontage Road and to State Highway 66 as proposed by CDOT and Weld County Department of Public Works shall be delineated on the plat. (Department of Public Works, Department of Planning Services) D. The applicant shall dedicated all future right-of-way for CR 9.5 and I-25 Frontage Road at State Highway 66 to Weld County and CDOT.(Department of Public Works, Department of Planning Services) E. The applicant shall submit a Landscape Plan and shall identify and illustrate how landscaping shall be incorporated along State Highway 66, 1-25 Frontage Road and the connection to CR 9.5 as outlined in Sections 27-2-100, 26-2-60 and 26-2-70.D regarding landscape requirements adjacent to Roadway Corridors. (Department of Planning Services) F. The applicant shall submit an digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are.dwg,.dxf,and.dgn(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) G. The applicant shall submit a construction phasing plan of the proposed development, since this was documented at the Change of Zone, Further, the applicant shall address access to the off-site roadway system for any proposed phasing. (Department of Public Works) PF-555,LYONS 66 COMMERCIAL BUSINESS PARK,page 4 H. The applicant shall discuss the proposed off-site improvements to the 1-25 Frontage Road as it connects to State Highway 66 (not on the applicants property), including right-of-way, alignment with Mead Street / intersection, coordination with the Colorado Department of Transportation,coordination with the Town of Mead,construction,and associated costs(which may be included in the off-site improvements agreement.) Additionally the alignment of Mead Street north of State Highway 66 must be addressed and all associated construction costs. (Department of Public Works) The applicant shall at a minimum, submit on-site and off-site agreements to the Department of Public Works for review. The temporary span wire signal system at State Highway 66 and Mead Street must be addressed.The 1-25 Frontage Road construction shall be discussed in the agreement. Roadways must be indicated as to"public" of"private" maintenance. The Board of County Commissioners prior to recording the plat shall approve the agreements. (Department of Public Works) J. The roadway,drainage,utility/construction plan drawings submitted by Swift and Associates -Consulting Engineers dated January2004 was reviewed by the Department of Public Works on June 28, 2005. The applicant shall at a minimum, provide Stamped Construction drawings. (Department of Public Works) K. The applicant shall submit three (3) additional sets of the final drainage, roadway and utility plan drawings (Stamped, signed, and dated to the Department of Public Works for Weld County Field Inspectors' use during construction of the subdivision. (Department of Public Works) L. The plans described herein,shall be resubmitted to the Department of Public Works for review and approval. All drawings must be sealed by the engineer of record, before the Department of Public Works will permit the case to proceed through the development process and before the plat may be recorded. (Department of Public Works) M. The covenants shall be approved by the Weld County Attorney's Office. Finalized covenants and the appropriate recording fee (currently$6 for the first page and $5 for each additional page)shall be submitted to the Weld County Department of Planning Services for recording. (Department of Planning Services) N. The applicant shall submit to the Department of Planning Services Certificates from the Secretary of State showing the Lyons 66 Commerce Park Home Owners Association has been formed and registered with the State. (Department of Planning Services) O. The applicant shall submit to the Department of Planning Services evidence that all areas designated as "Open Space" have been deeded to the Lyons 66 Commerce Park Home Owners Association. (Department of Planning Services) P. No development activity shall commence, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) Q. The Plat shall be amended to include the following: 1. All sheets of the plat shall be labeled PF-555. (Department of Planning Services) 2. The applicant shall adhere to the plat requirements in preparation of the Final Plat. The vicinity map shall be delineated at a scale of 1"=2000'and the Site Plan shall be delineated at a scale of 1"=100'or 1"=200'. (Department of Planning Services) PF-555,LYONS 66 COMMERCIAL BUSINESS PARK,page 5 3. Easements shall be shown in accordance with County standards and/or Utility Board recommendations, and dimensioned on the Final Plat. (Department of Planning Services) 4. The most recent version of Weld County's Right to Farm as listed in Section 22, Appendix 22-E of the Weld County Code. (Department of Planning Services) 5. CDOT requests that the applicant reserve an additional 100-foot right-of-way along State Highway 66. Outlot E should be reserved for the proposed future connection with CR 9.5(80 feet of right-of-way)on all Final Plat drawings. (CDOT) 6. The typical Road Cross Sections should specifically show and dimension: travel lanes,center turn lane,curb and gutter and sidewalk on all final plans. (Department of Public Works) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development shall consist of fifteen (15) lots. The PUD allows for Commercial and Light Industrial uses(15 lots)which shall comply with the C-3 and I-1 Zone District requirements as set forth in Section 23-3-320 and Section 23-3-310 of the Weld County Code. The common open space shall be owned and maintained by the property- owners association, in accordance with Section 27-6-60 and Section 26-2-70 of the Weld County Code. (Department of Planning Services) B. At the time any commercial and or industrial lot is proposed for development, a Site Plan Review application meeting the criteria of Section 23-2-160 and Section 26 of the Weld County Code shall be submitted to the Department of Planning Services for review and approval prior to any on-site construction commencing. (Department of Planning Services) C. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) D. Water service shall be provided by the Little Thompson Water District and sewage disposal shall be from St.Vrain Sanitation District. (Department of Public Health and Environment) E. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment,if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) G. If land development creates more than a 25 acre contiguous disturbance, or exceeds six (6) months in duration,the responsible party shall prepare a fugitive dust control plan,submit an air pollution emissions notice(A.P.E.N.),and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) H. During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions,at the request of the Weld County Department of Public Health and Environment,a fugitive dust control plan must be submitted. (Department of Public Health and Environment) Any signs, including entrance signs,located on the property shall require building permits and shall adhere to Section 23-4-100 of the Weld County Code.(Department of Planning Services) PF-555, LYONS 66 COMMERCIAL BUSINESS PARK,page 6 J. Outdoor storage shall be screened from public rights of way, and adjacent properties. (Department of Planning Services) K. The site shall maintain compliance with the Mountain View Fire Protection District at all times. (Department of Planning Services) L. Building permits shall be obtained prior to the construction of any building or structure.Building permits are also required for signs and structures such as bus shelters if provided. (Department of Building Inspection) M. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) N. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Building Code, 2003 International Residential Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) O. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) P. Building height,wall and opening protection and separation of buildings with mixed uses shall be in accordance with the Building Code in effect at the time of permit application. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) Q. Building height shall be measured in accordance with the applicable Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Off-set and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) R. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) S. The property owner shall be responsible for complying with Chapter 27 and Chapter 26,Article VIII, of the Weld County Code. (Department of Planning Services) T. The property owner shall be responsible for complying with the criteria of Chapter 26 of the Weld County Code. (Department of Planning Services) U. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations.(Department of Planning Services) PF-555,LYONS 66 COMMERCIAL BUSINESS PARK,page 7 V. The site shall maintain compliance at all times with the requirements of the Weld County Government and adopted Weld County Code and Policies.(Department of Planning Services) W. The Homeowners Association is responsible for liability insurance,taxes and maintenance of open space, streets, private utilities and other facilities. (Department of Planning Services) X. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) Y. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) Z. The surface agreement for mineral rights on the site limits the drilling of oil and gas wells to a specific location and the applicant has agreed that no waivers will be signed that allow drilling of wells in any other location. (Department of Planning Services) AA. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1) year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners,the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met,the Board may, after a public hearing, revoke the PUD Final Plan; AB. Section 27-8-70 of the Weld County Code-Failure to Commence a Planned Unit Development Final Plan- If no construction has begun or no USE established in the PUD within one(1)year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. AC. Section 27-8-80.A of the Weld County Code-Failure to Comply with the PUD Final Plan -The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. AD. Section 27-8-80.B of the Weld County Code-Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. 3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services.Upon approval of the paper PF-555,LYONS 66 COMMERCIAL BUSINESS PARK,page 8 copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. Prior to the release of any building permits: A. The applicant shall supply designated street signs and stop signs,as required by Weld County Public Works, at the appropriate locations. (Department of Public Works) B. Complete drawings shall be submitted for review by the Mountain View Fire Protection District. (Department of Building Inspection) C. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) D. The applicant or their agents may be required to obtain permits from Weld County's Public Works- Utility Agent,Ted Eyl for each utility. (Department of Public Works) 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not be recorded within the required thirty(30)days from the date the Administrative Review was signed a $50.00 recording continuance charge shall be added for each additional 3 month period. 6. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 7. Section 27-8-60 of the Weld County Code-Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one(1)year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met,the Board may,after a public hearing, revoke the PUD Final Plan. Date: July 18, 2005 Kim Og e, ner Lyons 66 Pacific LLC 1224 Commerce Court#6 Lafayette, CO 80026 PF-555,LYONS 66 COMMERCIAL BUSINESS PARK,page 9 a r-- N; i4 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE f 8 10TH Street. GREELEY, CO 80631 WI IlSOW PHONE: (970) 353-61O0, Ext. 3540 FAX: (970) 304- 498 C� T EST OFFICE COLORADO 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 May 18, 2005 Lyons 66 Pacific LLC 1224 Commerce Court#6 Lafayette, CO 80026 Subject: PF-555- Request for approval of a Final Plat for a 15 Lot Commercial/Industrial PUD in the MUD on a parcel of land described as Pt NW4 of Section 26, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, June 9, 2005, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department of Planning, 918 10th Street, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Firestone and Mead Planning Commission for their review and comments. Please call Firestone at 303-833-3291 and Mead at 970-535-4477, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. Sincerely, Pla ner FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /5 CASE # ASSIGNED: APPLICATION RECEIVED BY / PLANNER ASSIGNED: Parcel Number / Z O 7 - Z (P - O - 6 O - Q 3 y (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office, or www.co.weld.co.us). (Include all lots being included in the final pat area. If additions space is required, attach an addiional shed) . Legal Description lU 4-)_Ye-/ , Section ZIP, Township 3 North, Range ('SWest Lot/Block: _ Zone District: , Total Acreage: , Overlay District: • FEE OW NER(S) OF THE/PROPERTY (Ifadditiorel space is required, attach an adcitional sheet) Name: G c� o F7S 66 /,.4C C Work Phone# 303 ' ZG-7,9-4 Home Phone# 3 786 -?30'f Email Address dp% ✓►C q' / /7e7 Address: /22 (-/ (T,-r m e.-c e (-dctr 1r 4'(y City/State/Zip Code «r/99/=T74-7, C' O• 5100Z CF Name: )O h n t1 - .Oi4V/ _S Work Phone# 303 9Z(o -7858 Home Phone# 363 7ge'—73c Email Address 4, ihC c15/6)/917-6 /. /96- Address: /?2 `/ re)-'"k?i»eiC C C'v6, (2-7- _+ Cp City/State/Zip Code -ZNF T TTY Cc)• e002 C. APPLICANT OR AUTHORIZED AGENT(See Below:Authorimtion must accompany applications sgned by Auttorized Agent) Name: Work Phone # Home Phone# Email Address Address: City/State/Zip Code / NAME OF SUBDIVISION C- �1 �n�S C.[' ,g � ��C C e0'ri '» e UTILITIES: Water: 6' 77�'� '7 - c' "14T'-;7:iZ 167I'S'4k ,c- 7- Sewer: S7-0,2.4T/1 EA-1-i rZel--• iO s r Gas: / &e /.'G 5 ','y,c� _ Electric: C-1,2, f-e c/ /'tj i e r" Phone: DISTRICTS: School: Fire: /77k:"177'9 U/e Post: 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 showing the signatory has to legal authority to sign for the corporation. I (we), the undersigned hereby request the Department of Planning Services to review this final plat on the following described unincorporated area of Weld County. S}g'nature:Owner or Authorized Agent ate Signature: Owner or Authorized Agent Date -5- LYONS 66 PACIFIC COMMERCE PARK FINAL PLAT SUPPLEMENTAL INFORMATION April 12t, 2004 TYPES OF USES PROPOSED FOR THE SUBDIVISION Commercial, Industrial,(Retail, Restaurant-bar, Hotel, gas stations, fast food with drive thru, convenience stores, Office, vehicle sales, storage, etc.) SUMMARY OF ANY CONCERNS AND EXPLANATION OF HOW CONCERNS WILL BE ADDRESSED By far the most difficult aspect of this project has been the relocation of the east Interstate 25 frontage road through the project. Both the developer of this project and the Colorado Department of Transportation have worked closely with Weld County staff to determine a realignment of the existing frontage road that serves the needs of all parties involved. In addition to the frontage road, provisions for possible future alignments of Weld County Road 9 'A have also been made. At the present time, CDOT is completing an Environmental Analysis of the impacts that the proposed changes to the frontage road will create. Upon completion of that process, the access permit application for this project will be processed. All other concerns discovered through the preliminary plan process have been resolved. THE TOTAL NUMBER OF LOTS PROPOSED 15 Total lots ranging in size from 0.95 to 3.52 acres. DESCRIPTION OF SUBDIVISION CIRCULATION SYSTEM There are only two roads proposed for this subdivision, the re-routed I-25 Frontage Road and Pacific Circle. Currently, the Frontage Road defines the western edge of the property. The proposed alignment of the Frontage Road takes the street from the southwest corner of the property to the northeast corner. Pacific Circle intersects the Frontage Road at two locations and creates frontage for the lots not adjacent to the frontage road. Both roads have the same cross section; curb and gutter with a 40' flowline to flowline width, and a single travel lane in each direction, separated by a two-way center left turn lane. 6' attached sidewalks are provided for pedestrian access. The pavement section for the roads is 5 '''A" of asphalt over 9" of aggregate base course. PERMITTED PARKING There is no on-street parking permitted as part of this project. .. LETTER OF INTENT FROM PUBLIC AGENCIES TO ACCEPT DEDICATED LANDS Only Weld County and CDOT will receive lands from this project for roadway use. OWNERSHIP, FUNCTION AND MAINTENANCE OF OPEN SPACE Building Owner's Association (see covenants) DESCRIPTION OF PROPOSED WATER SYSTEM Water service will be provided by Little Thompson Water District. At the direction of the district, 16"PVC water mains will be used throughout the site. Connections to existing Little Thompson mains will be made at the north side of Highway 66 at the northeast corner of the property, and off-site, several hundred feet south of the southwest corner of the site. The exact nature of the final users of the site is unknown at this time, however, it is anticipated that they will be of a light industrial/commercial/office type. None of these uses are particularly large water consumers, and currently, 1" water taps are anticipated across the site. An average estimated use of 24,000 gallons per month per lot is expected, yielding a total monthly demand of 360,000 gallons. WATER SUPPLY RESOURCE REPORT The developer is working with the water district to provide report. COMMITMENT TO SERVE LETTER FROM WATER DISTRICT Included with submittal DESCRIPTION OF PROPOSED SANITARY SEWER SYSTEM Sanitary sewer service will be provided by St. Vrain Sanitation District. Estimated gallons per day of sewage is assumed to equal the estimated water usage. Accordingly, 360,000 gallons per month is equal to approximately 12,000 gallons per day. COMMITMENT TO SERVE LETTER FROM SEWER DISTRICT Included with submittal EXPLAINATION OF HOW RECOMMENDATIONS OF COLORADO GEOLOGICAL SURVEY WILL BE MET A Colorado Geological Survey representative visited the site and made several recommendations, all of which have been followed. 1.)Drainage—The site sits in a low spot and grading that creates positive drainage should be proposed. (Fills are proposed across the site to increase slopes and improve drainage.) 2.) Soil— Soils characteristics should be identified, and if swell potential exists, mitigations should be outlined in a geotechmical report. (A geotechnical evaluation was performed, and recommendations for both roadways and foundations have been provided.) 3.)Erosion control—Practices should be in place during grading activities. (Silt Fence, Checkdams and riprap protection have been proposed.) LIST OF COVENANTS AND RESTRICTIONS FOR THE SUBDIVISION Included with submittal COLORADO DEPARTMENT OF TRANSPORTATION ACCESS PERMIT The applicant and staff have been working closely with CDOT for the past several years regarding the realignment of the Frontage Road and the proposed intersection with State Highway 66. CDOT has reviewed and accepted the proposed design for these two items, but has asked that the applicant delay requesting a finalized access permit while the Department completes an Environmental Assessment of Interstate Highway 25 and Highway 66 improvements in this area. As such, the access permit in question has not yet been obtained; however, CDOT has assured the applicant that a permit will be granted. We request a deferral of this requirement with the understanding that the Final Plat cannot be granted approval until the permit has been obtained. IRRIGATION DITCH COMPANY AGREEMENT The developer is working with the ditch company to reach an agreement. PROOF OF RIGHT-OF-WAY CONTIGUOUS WITH RIGHT-OF-WAY PROPOSED IN THE SUBDIVISION Not applicable for this project. PROPOSED SUBDIVISION IMPROVEMENTS AGREEMENT Previously submitted by developer OFF-SITE ROAD IMPROVEMENT AGREEMENT Previously submitted by developer DRAINAGE REPORT Included with submittal EROSION CONTROL REPORT Included as part of construction plans CONSTRUCTION PLANS Included with submittal TITLE COMMITMENT COVERING ALL PUBLIC DEDICATIONS Included with submittal ATITLE COMMITMENT FOR PUBLIC DEDICATION OF LAND Title commitment included with submittal SOILS INVESTIGATION Included with submittal 02/06/2006 13: 14 3036667991 BOULDER PAC PAGE 02/02 • • OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO • CERTIFICATE 1, Ginette Dennis, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Lyons 66 Pacific Business Park Association is a Nonprofit Corporation formed or registered on 02/02/2006 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20061049044 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 01/30/2006 that have been posted, and by documents delivered to this office electronically through 02/02/2006 (cr) 13:49:15 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 02/02/2006 @ 13:49:15 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 6406188 . • 4 P "{w 4, stn.,. Secretary of State of the State of Colorado *****e***eie******Rai*e**********•*"*"End of CCIt1tICaL n'mtce•4 certtlica jsnrcd efca/ry from the Colorado Secretory of State's Web site Vilify and immediately valid and e/fecriv"e. However, as an option,the issuance and validity of a certificate of the Secretary of obtained electronically be estaby visiting the Stare's Web site, htr may clashed Can care's Confirmation Page number displayedping the snsn(u(eca.rn/Ir/:/Cana ca(eScarhC71ttria.do entering the ten on the certicare, and following the hrstrnrHons aple tat 8 /fieme's confirmation number necessouv to the valid andeffeer' fe r f formatio that ten 'rear area ikB Center and select"FrequentlyQuestions." r°fie. For more tnfprmation,visit our Web sae, http://www.sossataearis/ 4 Asked QtrRuriness CERT_Gs D Revised Oa/i2/200s Apr 21 05 02: 58p p. 1 LITTLE THOMPSON WATER DISTRICT DIRECTORS: Telephone(970)532-2096 Rubel Boggle,President_ April 21, 2005 Dean Anderson Keith Drammen. De E HiNnO 856 Richard Macomber Berthoud,CO 0S❑ Dare Lorenz Carey J Salomonson. wxw.ltwa.arg Alex Sauer. MANAGER: Richard H H Whine Kim Ogle Weld County Planning By fax 304-6498 Dear Kim: This letter is in response to your request for information about water service to the Lyons 66 subdivision at Mead Street and Hwy 66. Lyons 66 transferred 5 shares of CBT water to Little Thompson Water District on 11/30/2001 to secure 5 standard 5/8" X 3/4" domestic water taps for the project. As the water lines are build by the developer and fees paid the taps will be installed per the rules and regulations of the District. If you have questions, please contact me. Regards, Michael T. Cook District Engineer Cc: John Davis 303-926-7858 Boulder Pacific 1224 Commerce Court 86 Phone/Fax 303-9267858 Lafayette,Co.80026 4/6/05 Weld County Planning Department Mike Cook GREELEY OFFICE Little Thompson Water District 835 E. Highway 36 APR 15 2005 Drawer G RECEIVED Berthou d, CO. 80513 Re: Water service to 35 acre parcel at the southeast corner of I-25 and Hwy. 66 also known as the Lovemont Property PORTIONS OF SEC.26,R68W—WELD COUNTY,CO. Dear Mike, As discussed by phone,Weld County(contact Kim Ogle at the planning dept) is re- questing resource report for the first phase of our development at the above mentioned property. Our first phase will include only lot 1 at the southeast corner of Mead St. and Hwy. 66. This lot will be contracted to build a gas station/convenience store. Previously we have transferred 5 shares of CBT water to your company for use on this project This should be an adequate amount to service phase 1. It would be appreciated if you could provide verification to Weld county that we have adequate water to proceed with this phase. If you have further questions please contact me at 303-926-7858. Kim Ogle can be reached at 970-353-6100 ext.3549. 7Sincer ly, ... (2-e-/ - I, John Davis gen.partner Lyons 66 Pacific LLC Boulder Pacific Weld County Planning Department 1224 Commerce Court 46 GREELEY OFFICE Lafayette,co.80026 Phone:303-926-7858 fax:303666-7991 MAY 0 9 2005 RECEIVED 37s7 O : ) //y3,--) a cy LC- `%yam` =4:21//l '` 4%-'<J L-:�r ✓ .if S''Lam. 4 ,/..- 1<:.--'27'. -/- 2-'1,://;� V L 7i�'^. 2.— it c-:,,C, ;,✓ `',/�2L',;1-2 ' L..�. -7,1_/A v 714-/(71_.4-4-7,,, 'r'7-?A€7 ( , 7_J n 2_ dt a /47_I c. e:L /7-11C2-1----/ C%-'-7-4"(___---t--4' / 6/ lJz-(J -- ;/ J -/1 r�� /� ��<.---,---a() Gam!%Cc /1 ,-o C4 c1 �/cf l • ).-2/IL t1 , ,22,--",,,<A>-, a /' Treasurer's Tax Search Result Paae Page 1 of 1 t r iii ifit ill Weld County, Cotoraito i Nonce Services Departments About Weld Property Information Conti). ,,,. Home > Departments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Lyons 66 Pacific Lic Address:City: Weld _ Account R4767886 -- Number: Parcel Number: 120726000034 25608-a pt nw4 26 3 68 beg n4 cor sec sOd13'w 40' to n In hwy 66 s89d25'w Legal Address: 1270.76' to pob sOd13'w 1279.93' s89d25'w 1325.86' n0d25'e 206.37' n16d0'e 1088.80' n85d59'e 500.89' n89d25'e 529.35' to pob Value Information Actual Land Value $11,665.00 Assessed Land Value $3,380.00 Actual Improved Value $0.00 Assessed Improved Value $0.00 Actual Total Value $11,665.00 Assessed Total Value $3,380.00 Payment Information Total Tax Amount: $260.36 First Half Amount; $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: $0.00 Current Balance: $260.36 Half Balance: $130.18 Full Balance: $260.36 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 2335 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 77.033 Database Last Updated at: 02:33 AM on February 16, 2005 https://www.co.weld.co.us/departments/treasurer/tax/tax_results.cfm 2/16/05 Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No.: 10608657 1. Effective Date of Commitment: February 17,2005,at 7:00 am 2. Policy or Policies to be issued: Amount Premium A. ALTA OWNERS POLICY $TBD STBD Proposed INSURED: Loveland Investment Company,a limited partnership B. ALTA LOAN POLICY Proposed INSURED: C. ALTA LOAN POLICY Proposed INSURED: Tax Information Services $25.00 TOTAL $TBD 3. The estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple. 4. Title to said estate or interest in said land is at the effective date hereof vested in: Lyons 66 Pacific,LLC,a Colorado limited liability company Vesting Deed recorded March 15,2000 at Reception No.2755526. 5. The land referred to in this Commitment is described as follows: See Exhibit A Attached Issued at Denver,Colorado Page 2 of 10 February 25,2005 Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE Commitment No.: 10608657 SCHEDULE B- SECTION I The following are the requirements to be complied with: I. Pay the agreed amounts for the interest(s)to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Instruments satisfactory to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. A. Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein,to the proposed insured. Schedule A,Item 2A. B. Release of Deed of Trust from Lyons 66 Pacific,LLC,to the Public Trustee of Weld County,for the benefit of Community First National Bank, to secure an indebtedness in the principal sum of$347,876.76,dated December 11,2003,and recorded January 12,2004 at Reception No.3143414,and rerecorded March 9,2004 at Reception NO.3160458.Modification thereto recorded February 3,2005 at Retention No.3258496. 4. Payment of all taxes and assessments now due and payable. (Note: Upon receipt of a signed Certificate of Taxes evidencing that all outstanding taxes are fully paid, exception 6 in Schedule B-Part 2 will be amended to read as follows; "Taxes and Assessments for 2005, a lien not yet due and payable". 5. Receipt by the Company of a satisfactory Seller's/Mortgagor's Affidavit of Title Covenant and Warranty, which in the Company's judgment, are sufficient in both form and content to identify: A. rights or claims of parties in possession not shown by the public records; B. easements,or claims of easements, not shown by the public records; C. the occurrence of any event which could give rise to any lien, or right to a lien, for services, labor, or material furnished, imposed by law and not shown by the public records; or D. taxes and special assessments which are not shown as existing liens by the public records. Matters disclosed by the affidavits which in the Company's judgment constitute defects in title to the property will be shown as exceptions to coverage under the proposed policy, replacing the general exceptions currently shown on this Commitment in Schedule B-Section II,Exceptions 1 and 4 6. A plat or survey must be submitted which has been made in accordance with the "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys" adopted in 1999, and in addition, at least Table A Items 1, 2, 8 10, 11(b), 14, and 15. Matters disclosed by the survey which in the Company's judgment constitute defects in title to the property will be shown as exceptions to coverage under the proposed policy, replacing elements of the general exceptions currently shown on this Commitment in Schedule B - Section II,Exceptions 2 and 3. (END OF SCHEDULE B—SECTION I) Issued at Denver,Colorado Page 3 of 10 February 25,2005 Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE Commitment No.: 10608657 SCHEDULE B-SECTION II Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor,or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. UPON COMPLIANCE WITH UNDERWRITING REQUIREMENTS, AND PROVIDED THAT THE COMPANY CONDUCTS THE CLOSING OF SUBJECT PROPERTY AND RECORDS THE DOCUMENTS SET FORTH IN THE REQUIREMENTS HEREIN,THIS ITEM WILL BE DELETED. 6. Taxes and assessments for the current year,including all taxes now or heretofore assessed, due or payable. (Note: Upon receipt of a signed Certificate of Taxes evidencing that all outstanding taxes are fully paid, the above exception will be amended to read as follows: "Taxes and Assessments for 2005, a lien not yet due and payable". 7. Any and all mineral reservations or conveyances,and mineral leases and assignments thereof. 8. Rights in and to the continued use of channels crossing the subject property as disclosed on Land Survey Plat by JR Engineering dated February 3,2000,recorded February 14,2000 at Reception No.2749465. 9. Access restrictions as contained in agreement recorded May 15,1958 in Book 1503 at Page 103. 10. Reservation of a non-exclusive easement for ingress and egress across the east 30 feet of subject property in deed recorded April 29, 1974 in Book 713 at Reception No. 1635391. 11. Terms and provisions of Resolution by the Board of County Commissioners of Weld County recorded October 24, 1977 in Book 812 at Reception No. 1733938. 12. Covenants,Conditions,and Restrictions,which do not contain a forfeiture clause, recorded August 21, 1978 in Book 842 at Reception No. 176413. 13. Ditch Easements as set forth on the plat for The Farmer's Mart, recorded August 21, 1978 at Reception No. 1764132. Note: Resolution vacating said subdivision recorded May 25, 1989 in Book 1233 at Reception No.02180676. 14. Utility easement granted to St Vrain Sanitation District as contained in Non-Exclusive Utility Easement Agreement recorded March 29,2001 at Reception No.2836233 and First Amendment thereto recorded October 15,2004 at Reception No.3228058. 15. Terms,provisions,obligations,notes, easements,and any other matters as set forth or shown on Lyons 66 Pacific Commerce Park Change of Zone Plat recorded April 13,2004 at Reception No.3169966. Issued at Denver,Colorado - Page 4 of 10 February 25,2005 SCHEDULE B SECTION II(Continued) The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above: 1. The Deed of Trust, if any, required under Schedule B, Section 1, Item B. 2. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Any and all unpaid taxes, assessments and unredeemed tax sales (END OF SCHEDULE B-SECTION II) Issued at Denver,Colorado Page 5 of 10 February 25,2005 Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE Commitment No.: 10608657 NOTICES 1. Section 10-11-122 of the Colorado Revised Statutes requires that before issuing any title insurance policy, unless the proposed insured provides written instructions to the contrary, a title insurance agent or title insurance company shall obtain a Certificate of Taxes Due or other equivalent documentations from the County Treasurer or the County Treasurer's authorized agent. The title insurance company shall obtain a Certificate of Taxes due from the County Treasurer. 2. Paragraph C of Article VII of the State of Colorado Division of Insurance Regulation 89-2 states that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing legal documents resulting from the transaction which was closed." 3. If the sales price of the subject property exceeds $100,000.00, the Seller shall be required to comply with the disclosure or withholding provisions of C.R.S. 39-22-604.5 (nonresident withholding tax). 4. If Schedule B of the commitment for an Owner's policy of title insurance reflects an exception for mineral interests or leases, then the Company advises, pursuant to C.R.S. 10-1-123 that: 4.1 There is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and 4.2 Such mineral estate may include the right to enter and use the property without the surface owner's permission. 5. Section 30-10-406 of the Colorado Revised Statutes, requires that all documents received for recording or filing in the Clerk and Recorder's Office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any document that does not conform. Issued at Denver,Colorado Page 6 of 10 February 25,2005 Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE Commitment No. 10608657 Transnation Title Insurance Company, a Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor: all subject to the provisions of Schedules A and B and to the conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF, the said Company has caused its Corporate Name to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or Agent of the Company. • Transnation Title Insurance Company Wm. Chadwick Perrine, Secretary Janet A.Alpert,President Conditions and Stipulations 1. The term mortgage,when used herein, shall include deed of trust,trust deed,or other security instrument 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter,the Company, at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate exceptions shown in Schedule B, or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Issued at Denver, Colorado On: February 25,2005 Authorized Signature American Land Tide Association Commitment- 1966 LANDAMERICA PRIVACY POLICY NOTICE Dear Transnation Title Insurance Company Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statements attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family - Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required,but if you have questions, please write to us: LandAmerica Privacy P.O.Box 27567 Richmond, VA 23261-7567 LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Insurance Company, Land Title Insurance Company, Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York. Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: American Title Company of Dallas and Forth Worth, Austin Title Company, ATACO Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency, Charter Title Company of Fort Bend, Galveston, and Sugarland: Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company, Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio Lawyers Title Settlement Company, Lion Abstract. Longworth Insured, Louisville Title Agency of Central Ohio. Lorain County Title Company, M/I Title Agency,NIA/Lawyers Title Agency, Oregon Title, Park Title,Partners Title Company, Pikes Peak title Services, RE/AffirmTitle Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services,Wilson Title Company. Appraisals and Ancillary Services: LandAmerica OneStop,Inc. What kinds of information we collect. Most of LandAmerica's business is Title Insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information LANDAMERICA PRIVACY POLICY NOTICE (Continued) from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adapting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing with out your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How to protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. Commitment No. 10608657 EXHIBIT A LEGAL DESCRIPTION A portion of the NW 1/4 of Section 26,Township 3 North,Range 68 West of the Stn P.M.,County of Weld, State of Colorado, being more particularly described as follows: Commencing at the North quarter corner of said Section 26; thence South 00 degrees 13 minutes 00 seconds West a distance of 40.00 feet to a point on the South right-of-way line of Colorado State Highway 66; thence South 89 degrees 25 minutes 00 seconds West and along the South right-of-way line of Colorado State Highway 66 a distance of 1270.76 feet to the Point of Beginning; thence South 00 degrees 13 minutes 00 seconds West a distance of 1279,93 feet; thence South 89 degrees 25 minutes 10 seconds West a distance,of 1325.86 feet to a point on the East right-of-way line of Interstate 25; thence Northeasterly along the East right-of-way line the following three courses: 1)North 00 degrees 2S minutes 30 seconds East a distance of 206.37 feet; 2)North 16 degrees 00 minutes 00 seconds East a distance of 1088.80 feet; 3)North 85 degrees 59 minutes 42 seconds East a distance of 500.89 feet to a point on the South right-of-way line of Colorado State Highway 66; thence North 69 degrees 25 minutes 00 seconds East and the South right-of-way line of Colorado State Highway 66 a distance of 529.35 feet to the Point of Beginning. Issued at Denver,Colorado Page 10 of 10 February 25,2005 THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC, LLC BUSINESS PARK PREAMBLE THIS DECLARATION is made on the date hereinafter set forth,by LYONS 66 PACIFIC, LLC, a Colorado Limited Liability Company("Declarant"). WHEREAS, Declarant is the owner of certain real property situated in Weld County, Colorado, as more particularly described on Exhibit C attached hereto and made a part hereof; and WHEREAS, the Declarant intends to construct a commercial community (the "Business Park") on said real property together with other improvements thereon; and WHEREAS, Declarant will convey said real property, subject to the protective covenants, conditions and restrictions, as hereinafter set forth. NOW THEREFORE, Declarant hereby declares that all of said real property described on Exhibit C shall be held and conveyed subject to the following covenants,conditions and restrictions, all of which are declared and agreed to be for the protection of the value of the said real property, and for the benefit of any persons having any right, title or interest in the said real property. Said covenants,conditions and restrictions shall be deemed to run with the land and shall be a burden and a benefit to any persons acquiring any interest in the said real property, their grantees, heirs, legal representatives, successors and assigns. TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE ONE: DEFINITIONS 1 1.1 ALLOCATED INTERESTS 1 1.2 ARTICLES 1 1.3 ASSESSMENTS 1 1.4 ASSESSMENT LIEN 1 1.5 ASSOCIATION 1 1.6 BOARD OF DIRECTORS or BOARD 1 1.7 BUILDING 2 1.8 BUSINESS PARK 2 1.9 BYLAWS 2 1.10 COMMON AREAS 2 1.11 COMMON EXPENSE ASSESSMENTS 2 1.12 COMMON EXPENSE LIABILITY 2 1.13 COMMON EXPENSES 2 1.14 COMMON INCOME 2 1.15 COSTS OF ENFORCEMENT 2 1.16 COUNTY 2 1.17 DECLARANT 2 1.18 DECLARATION 2 1.19 DESIGN REVIEW COMMITTEE 2 1.20 DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS 3 1.21 ELIGIBLE MORTGAGEE 3 1.22 FIRST MORTGAGEE 3 1.23 FIRST SECURITY INTEREST 3 1.24 GUEST 3 1.25 IMPROVEMENTS 3 1.26 LANDSCAPE EASEMENTS 4 1.27 LOT 4 1.28 MANAGING AGENT 4 1.29 MEMBER 4 1.30 OWNER 4 1.31 PERIOD OF DECLARANT CONTROL 4 1.32 PERSON 4 1.33 PLAT 4 1.34 PROJECT DOCUMENTS 4 1.35 RULES 4 1.36 SECURITY INTEREST 4 1.37 SPECIAL ASSESSMENT 4 00120903/I 11 ARTICLE TWO: SCOPE OF THE DECLARATION 5 2.1 Property Subiect to this Declaration 5 2.2 Conveyances Subject to this Declaration 5 2.3 Owner's Rights Subject to this Declaration 5 2.4 Identification of Lots 5 2.5 Lot Boundaries 5 2.6 Amendments to Plat and Lot Boundaries 5 2.7 Governmental Purchases 5 ARTICLE THREE: THE COMMON AREAS 5 3.1 Common Area Dedication 5 3.2 Title to the Common Areas 6 3.3 Duty to Manage and Care for the Common Areas 6 3.4 Duty to Accept the Common Areas Transferred by Declarant 6 3.5 Owner's Rights in the Common Areas 6 3.6 Delegation of Use 7 ARTICLE FOUR: THE ASSOCIATION 7 4.1 Name 7 4.2 Purposes and Powers 7 4.3 Board of Directors 7 4.4 Articles and Bylaws 7 4.5 Membership 8 4.6 Voting Rights 8 4.7 Declarant Control of the Association 8 4.8 Indemnification 8 4.9 Certain Rights and Obligations of the Association 8 4.10 Certain Rights and Obligations of the Declarant 9 ARTICLE FIVE: ASSESSMENTS 9 5.1 Obligation 9 5.2 Purpose of the Common Expense Assessment 9 5.3 Date of Commencement of the Assessments 10 5.4 Levy of Assessments 10 5.5 Due Date 11 5.6 Remedies for Nonpayment of Assessments 11 5.7 The Assessment Lien 12 5.8 Working Capital Fund 13 5.9 Certificate of Status of Assessments 13 ARTICLE SIX: ARCHITECTURAL APPROVAL/DESIGN APPROVAL 14 6.1 Approval of Improvements Required 14 6.2 Membership of the Committee 14 6.3 Address of the Committee 14 6.4 Submission of Plans/Design Review Fee 14 00120903/1 111 6.5 Delegation/Waiver 15 6.6 Criteria for Approval 15 6.7 Decision of the Committee 16 6.8 Appeal to the Board of Directors 16 6.9 Failure of Committee to Act on Plans 16 6.10 Prosecution of Work After Approval 17 6.11 Notice of Completion 17 6.12 Inspection of Work 17 6.13 Notice of Noncompliance 17 6.14 Failure of Committee to Act After Completion 17 6.15 Appeal to the Board of Directors of Finding of Noncompliance 17 6.16 Correction of Noncompliance 18 6.17 Meetings of the Committee 18 6.18 No Implied Waiver or Estoppel 18 6.19 Estoppel Certificates 18 6.20 Architectural Standards 18 6.21 No Liability for Committee Action 18 ARTICLE SEVEN: BUILDING AND LOT SPECIFICATIONS 19 ARTICLE EIGHT: INSURANCE 19 8.1 Authority to Purchase/General Requirements 19 8.2 Property Insurance 19 8.3 Liability Insurance 19 8.4 Directors' and Officers' Liability Insurance 20 8.5 Premiums 20 8.6 General Provisions 20 8.7 Insurance Proceeds 20 8.8 Condemnation 20 ARTICLE NINE: MAINTENANCE 20 9.1 Maintenance of the Common Areas and Landscape Easements 20 9.2 Roadways 20 9.3 Special Maintenance Requirements 21 9.4 Association Responsibility 21 9.5 Maintenance of the Lots and Buildings 21 9.6 Easements for the Board of Directors 21 ARTICLE TEN: DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS 21 10.1 Reservation 22 10.2 Resubdivision of a Lot 22 10.3 Rights Transferable 22 10.4 Limitations 22 10.5 Interference with the Declarant Rights 23 10.6 Use by Declarant 23 00120903/I iv 10.7 Models, Sales Offices and Management Offices 23 10.8 Declarant's Easements 23 10.9 Signs and Marketing 23 ARTICLE ELEVEN: DURATION, AMENDMENT AND TERMINATION OF THE DECLARATION 23 11.1 Duration 23 11.2 Amendments by Owners 23 11.3 Consent of Declarant Required 24 11.4 Termination 24 ARTICLE TWELVE: MANDATORY DISPUTE RESOLUTION 24 12.1 Statement of Clarification 24 12.2 Alternative Method for Resolving Disputes 25 12.3 Claims 25 12.4 Notice of Claim 26 12.5 Timely Initiation 26 12.6 Right to be Heard 26 12.7 Right to Inspect 26 12.8 Good Faith Negotiations 27 12.9 Mediation 27 12.10 Consensus for Association Arbitration or Litigation 28 12.11 Arbitration 28 12.12 Binding Effect 29 12.13 Amendment 29 ARTICLE THIRTEEN: GENERAL PROVISIONS 29 13.1 Right of Action 29 13.2 Successors and Assigns 29 13.3 Severability 29 13.4 No Waiver 30 13.5 Registration by Owner of Mailing Address 30 13.6 Conflict 30 13.7 Books and Records 30 13.8 Captions 30 13.9 Numbers and Genders 30 EXHIBITS EXHIBIT A - LEGAL DESCRIPTION OF THE COMMON AREAS SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF VISTA BUSINESS PARK 32 00120903/1 V EXHIBIT B - LEGAL DESCRIPTION OF THE LANDSCAPE EASEMENTS SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC LLC BUSINESS PARK 33 EXHIBIT C - REAL PROPERTY DESCRIPTION 34 EXHIBIT D - ARCHITECTURAL STANDARDS 35-37 EXHIBIT E - ARBITRATION PROCEDURES 38-39 00120903/1 Vi ARTICLE ONE: DEFINITIONS As used in this Declaration, unless the context otherwise requires, the terms hereinafter set forth shall have the following meanings: 1.1 ALLOCATED INTERESTS means the Votes in the Association, the rights in Common Income and the Common Expense Assessment Liability which are allocated to each of the Lots in the Business Park. The formulas used to establish the Allocated Interests are as follows: (a) Votes. There shall be a total of 100 votes allocated to Owners of Lots in the Business Park. The votes shall be allocated based upon the nearest whole percentage point based upon the ratio of the square footage of each lot owned by an Owner to the total square footage of all of the Lots in the Business Park (excluding Common Areas). (b) Rights in Common Income and Common Expense Assessment Liability. Rights in Common Income and Common Expense Assessment Liability shall be allocated upon all of the Lots in the Business Park on the basis of the nearest whole percentage point based upon the ratio of square footage of each Lot to the total square footage of all of the Lots in the Business Park (excluding common areas). 1.2 ARTICLES means the Articles of Incorporation of the Association. 1.3 ASSESSMENTS mean the(a)Common Expense Assessments,(b)Special Assessments,(c) Individual Assessments, and (d) Fines levied pursuant to this Declaration. 1.4 ASSESSMENT LIEN means the statutory lien on a Lot for any Assessment levied against that Lot together with all Costs of Enforcement as herein defined. All Costs of Enforcement are enforceable as Assessments. If an Assessment is payable in installments,the full amount of the Assessment is a lien from the time the first installment becomes due. The recording of this Declaration constitutes record notice and perfection of the lien. No further recordation or claim of lien for the Assessment is required. 1.5 ASSOCIATION means THE LYONS 66 PACIFIC BUSINESS PARK OWNERS ASSOCIATION, a Colorado Corporation, not for profit, its successors and assigns, the Articles of Incorporation and Bylaws,which,along with this Declaration,shall govern the administration of the Business Park, the Members of which shall be all of the Owners of the Lots within the Business Park. 1.6 BOARD OF DIRECTORS or BOARD means the Board of Directors of the Association duly elected pursuant to the Bylaws of the Association or appointed by the Declarant as therein provided. The Board of Directors is the governing body of the Association and shall act on behalf of the Association. 00120903/1 1 1.7 BUILDING means the building or buildings constructed on each Lot within the Business Park and any replacement thereof. The Building shall include the Lot upon which such Building is constructed. 1.8 BUSINESS PARK means such real property and the improvements located thereon as more fully described on the attached Exhibit C. 1.9 BYLAWS means the Bylaws which are adopted by the Board of Directors for the regulation and management of the Association including any amendments made. 1.10 COMMON AREAS means any real property(including all improvements thereon) owned by the Association, all of which is held for the common use and enjoyment of the Owners, the descriptions of which are more fully described in Exhibit B attached hereto and made a part hereof. 1.11 COMMON EXPENSE ASSESSMENTS means all those assessments defined in Paragraph 5.2 hereof. 1.12 COMMON EXPENSE LIABILITY means the liability for Common Expenses allocated to each Lot which is determined in accordance with that Lot's Allocated Interests as set forth in Paragraph 1.1 hereof. 1.13 COMMON EXPENSES means expenditures made by or liabilities incurred by or on behalf of the Association, together with allocations to reserves. 1.14 COMMON INCOME means rents, royalties or other income earned by the Association in, on or with respect to Common Areas. 1.15 COSTS OF ENFORCEMENT means all fees, late charges, interest, expenses, including receiver's fees,and reasonable attorneys'fees and costs incurred by the Association(a)in connection with the collection of the Assessments and Fines, or(b) in connection with the enforcement of the terms, conditions and obligations of the Project Documents. 1.16 COUNTY means Weld County, Colorado. 1.17 DECLARANT means LYONS 66 PACIFIC,LLC, a Colorado Limited Liability Company, or its successors. 1.18 DECLARATION means this DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC LLC BUSINESS PARK, as may be amended and supplemented from time to time. 1.19 DESIGN REVIEW COMMITTEE(the"Committee")means the Committee formed pursuant to ARTICLE SIX hereof to review and approve or disapprove plans for Improvements as defined herein as more fully provided for by this Declaration. 00120903/1 2 1.20 DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS means the rights as reserved by the Declarant under ARTICLE TEN hereof 1.21 ELIGIBLE MORTGAGEE means a holder, insurer or guarantor of a First Security Interest who has delivered a written request to the Association containing its name, address, the legal description and the address of the Lot encumbered by its First Security Interest, requesting that the Association notify them on any proposed action requiring the consent of the specified percentage of Eligible Mortgagees. 1.22 FIRST MORTGAGEE means any Person which owns, holds, insures or is a guarantor of a Security Interest as herein defined, which is a First Security Interest encumbering a Lot within the Business Park. 1.23 FIRST SECURITY INTEREST means a Security Interest (as hereinafter defined) that has priority of record over all other recorded liens except those liens made superior by statute (such as general ad valorem tax liens and special assessments). 1.24 GUEST means (a) a guest or invitee of an Owner; (b) an occupant or tenant of a Building within the Business Park, and invitee of any such person; (c) a contract purchaser; or (d) an employee, customer or client of an Owner or tenant. 1.25 IMPROVEMENTS means: (a) all exterior improvements, structures and any appurtenances thereto or components thereof of every type or kind; (b) the demolition or destruction,by voluntary action, of any building, structure or other Improvements; (c) the grading, excavation, filling or similar disturbance to the surface of the land including,without limitation, change of grade, change of ground level, change of drainage pattern; (d) all landscaping features, including, but not limited to, buildings, outbuildings, awnings, solar collectors, painting or other finish materials on any visible structure, additions, walkways, sprinkler systems, driveways, fences, screening walls, retaining walls, stairs, decks, landscaping, windbreaks, exterior light fixtures, poles, signs, cooling, heating and water softening equipment; (e) all access roads,parking pads or facilities designed to serve vehicles while stored or parked on any lot; and (f) any change, alteration, modification, expansion, or addition to any previously approved Improvement, including any change of exterior appearance, finish material, color or texture. 00120903/1 3 1.26 LANDSCAPE EASEMENTS means those portions of Lots within the Business Park over which there exist landscape easements. Any landscaping in the Common Areas shall be initially constructed by the Declarant and the Association shall repair, maintain and reconstruct. Any Landscaping on Landscape Easements on Lots and not on the Common Areas shall be constructed and maintained by the Lot Owner. Said Landscape Easements are set forth on the attached Exhibit C. 1.27 LOT means each platted lot shown upon the Plat of the Business Park which is subject to this Declaration, together with all appurtenances and improvements now or hereafter located thereon. "Lot"shall include any Building constructed thereon as the term"Building"is herein defined. 1.28 MANAGING AGENT means any one or more persons,if any,employed by the Association who is engaged to perform any of the duties, powers or functions of the Association. 1.29 MEMBER means each Owner, as defined in Paragraph 1.30 hereof 1.30 OWNER means the record Owner of the fee simple title to any Lot which is subject to this Declaration. 1.31 PERIOD OF DECLARANT CONTROL means that period of time as defined in Paragraph 4.7 hereof. 1.32 PERSON means a natural person, a corporation, a partnership, an association, a trustee, a limited liability company, a joint venture,or any other entity recognized as being capable of owning real property under Colorado law. 1.33 PLAT means the Final Plat of Lyons Pacific LLC Business Park recorded in the records of the County Clerk and Recorder. 1.34 PROJECT DOCUMENTS means this Declaration, the recorded Plat, the Articles of Incorporation and Bylaws of the Association, the Design Review Guidelines, and the Rules and Regulations, if any, as they may be amended from time to time. Any exhibit, schedule or certification accompanying a Project Document is a part of that Document. 1.35 RULES means the Rules and Regulations adopted by the Board of Directors for the regulation and management of the Business Park as amended from time to time. 1.36 SECURITY INTEREST means an interest in real estate or personal property created by contract which secures payment of an obligation. The term includes a lien created by a deed of trust, contract for deed, land sales contract and UCC-1. 1.37 SPECIAL ASSESSMENT means those Assessments defined in Paragraph 5.4 hereof. 00120903/1 4 ARTICLE TWO: SCOPE OF THE DECLARATION 2.1 Property Subject to this Declaration. Declarant, as the Owner of fee simple title to the Business Park,by recording this Declaration does hereby subject the Business Park to the provisions of this Declaration. 2.2 Conveyances Subject to this Declaration. All covenants, conditions and restrictions which are granted or created by this Declaration shall be deemed to be covenants appurtenant to and running with the land, and shall at all times inure to the benefit of and be binding on any person having any interest in the Business Park,their respective heirs, successors,personal representatives or assigns. Any instrument recorded subsequent to this Declaration and purporting to establish and effect any interest in the Business Park shall be subject to the provisions of this Declaration despite any failure to make reference thereto. 2.3 Owner's Rights Subject to this Declaration. Each Owner shall own its, his or her Lot in fee simple and shall have full and complete dominion thereof, subject to the provisions of this Declaration. 2.4 Identification of Lots. The identification number of each Lot is shown on the Plat of the Business Park. 2.5 Lot Boundaries. The boundaries of each Lot are located as shown on the Plat of the Business Park. 2.6 Amendments to Plat and Lot Boundaries. Any properly filed change or amendment to Plat shall remain subject to this Declaration,and allocated interests or other provisions of this Declaration shall remain in effect taking into consideration any alterations of Lots and revisions or amendments to the Plat. 2.7 Governmental Purchases. In the event that any governmental unit, political subdivision, or instrumentality shall purchase one or more of the Lots or other property located in the Business Park for the construction of any public building, such Lot or Lots shall remain subject to this Declaration unless otherwise provided by law. If a governmental unit, political subdivision or instrumentality shall purchase, condemn, or otherwise acquire property located in the Business Park for use by the general public, such as for a road, highway, or public park, this Declaration shall not apply to such land after title has passed to the governmental unit, political subdivision or instrumentality. ARTICLE THREE: THE COMMON AREAS 3.1 Common Area Dedication. The Declarant, in recording the Plat of the Business Park in the records of the County Clerk and Recorder, has designated certain areas of the Business Park as Common Areas, more fully described on Exhibit B attached hereto. 00120903/1 5 The Common Areas are not dedicated for use by the general public,but are dedicated to the common use and enjoyment of only the Owners of Lots located within the Business Park and such Owner's Guests and for the production of income for the Association, as more fully provided for in this Declaration. Said Plat is hereby incorporated herein and made a part of this Declaration. 3.2 Title to the Common Areas. The Declarant hereby covenants that it will convey to the Association fee simple title to the Common Areas free and clear of all liens and encumbrances prior to the conveyance of Lots within the Business Park to any Owners other than Declarant or any governmental unit for use for governmental purposes. 3.3 Duty to Manage and Care for the Common Areas. The Association shall manage, operate, care for, insure, maintain, repair and reconstruct all of the Common Areas and the improvements located thereon and keep the same in a safe and attractive condition for the use and enjoyment of all of the Owners. 3.4 Duty to Accept the Common Areas Transferred by Declarant. The Association shall accept title to said Common Areas and agrees to own and maintain any property, including all improvements located thereon,and personal property relating thereto,transferred to the. Association by Declarant as Common Areas. Any property or interest in property transferred to the Association by Declarant shall be transferred to the Association free and clear of all liens and encumbrances (other than the lien of real estate taxes not then due and payable) and any leases or licenses for the production of income from the Common Areas and Declarant shall furnish and pay for a title insurance policy reflecting same. Upon the conveyance of the Common Areas to the Association, the Association shall assume the rights to any rents, royalties, or leases for signs or buildings physically located on the Common Areas. 3.5 Owner's Rights in the Common Areas. Every Owner and such Owner's Guests shall have the right and easement of use and enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with the title of the Lot to such Owner, subject to the Development Rights and Special Declarant Rights of the Declarant reserved herein and the following rights of the Board of Directors: (a) To borrow money to improve the Common Areas and to mortgage said Common Areas as security for any such loan; provided, however, that the Association may not subject any portion of the Common Areas to a security interest unless such is approved by Owners to which at least sixty-seven percent of the votes in the Association are allocated, including fifty percent of the votes allocated to Lots not owned by the Declarant. (b) To convey or dedicate all or any part of the Common Areas for such purposes and subject to such conditions as may be agreed to by the Owners to which at least seventy-five percent of the votes in the Association are allocated,including fifty percent of the votes allocated to Lots not owned by the Declarant. 00120903/1 6 The granting of permits, licenses and easements shall not be deemed a conveyance or encumbrance within the meaning of this Paragraph. (c) To promulgate and adopt Rules and Regulations with which each Owner and their Guests shall strictly comply. (d) To take such steps as are reasonably necessary to protect the Common Areas against foreclosure. (e) To enter into, make,perform or enforce any contracts, leases, agreements, licenses, easements and rights-of-way, for the use of Common Areas by Owners and Guests for any purpose the Board may deem to be useful, beneficial or otherwise appropriate. (0 To close or limit the use of the Common Areas temporarily while maintaining, repairing and making replacements in the Common Areas, or permanently if approved by Owners to which at least eighty percent of the votes in the Association are allocated. (g) To make such use of the Common Areas as may be necessary or appropriate for the performance of the duties and functions which it is obligated or permitted to perform under this Declaration. (h) The rights granted to the Board of Directors in Paragraph 4.13 hereof. 3.6 Delegation of Use. Any Owner may delegate his or her right of enjoyment to the Common Areas and facilities to their Guests. ARTICLE FOUR: THE ASSOCIATION 4.1 Name. The name of the Association is THE LYONS 66 Pacific BUSINESS PARK OWNERS ASSOCIATION. 4.2 Purposes and Powers. The Association, through its Board of Directors, shall perform functions and manage the Business Park as provided in this Declaration so as to further the interests of the Business Park and Members of the Association. 4.3 Board of Directors. The affairs of the Association shall be managed by a Board of Directors which may by resolution delegate authority to a Managing Agent, if any, or officers for the Association as more fully provided for in the Bylaws,provided no such delegation shall relieve the Board of final responsibility. 4.4 Articles and Bylaws. The purposes and powers of the Association and the rights and obligations with respect to Members set forth in this Declaration may and shall be amplified by provisions of the Articles of Incorporation and Bylaws of the Association. In the event either the Articles or Bylaws conflict with the Declaration, the Declaration shall control. In the event the Articles conflict with the Bylaws, the Articles shall control. 00120903/ I 7 4.5 Membership. Members of the Association shall be every record owner of a Lot subject to this Declaration. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Where more than one person holds interest in any Lot, all such persons shall be Members. 4.6 Voting Rights. The Association shall have one class of voting membership. Owners shall be entitled to vote as provided in Section 1.1. If a Lot has more than one Owner and such Owners cannot agree among themselves how to cast the votes allocated to their Lot on a particular matter, they shall lose their right to vote on such matter. If any Owner casts a vote representing a Lot having more than one Owner, it will thereafter be presumed for all purposes that such Owner was acting with the authority and consent of all other Owners with whom such Owner shares the Lot, unless objection thereto is made to the Person presiding over the meeting at the time the vote is cast. If a Lot is voted more than one way with regard to a particular matter, all of such votes shall be deemed null and void;provided, however,if multiple owners of a lot shall agree to divide the votes allocated to or with respect to that Lot in some proportion, they may file a written agreement with the Association concerning the division of votes, and the votes may be so allocated and voted even if different owners vote their different allocable shares of the vote more than one way. 4.7 Declarant Control of the Association. There is a"Period of Declarant Control"during which Period the Declarant may appoint and remove any officer of the Association or any member of the Board of Directors. The Period of Declarant Control is a length of time expiring five years after the recording of the Declaration;provided,however,that the Period ofDeclarant Control shall terminate no later than sixty days after conveyance of all of the Lots That May Be Created to owners other than the Declarant. A Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board of Directors before termination of the Period of Declarant Control. In that event, the Declarant may require, for the duration of the Period of Declarant Control,that specified actions of the Board of Directors,as described in a recorded instrument executed by the Declarant,be approved by the Declarant before they become effective. 4.8 Indemnification. Each Officer,Director and committee member of the Association shall be indemnified by the Association against all expenses and liabilities including attorney fees,reasonably incurred by or imposed upon him or her in any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of his or her being or having been an Officer, Director or committee member of the Association, or any settlements thereof, whether or not he or she is an Officer, Director or committee member of the Association at the time such expenses are incurred, to the full extent permitted by Colorado law. 4.9 Certain Rights and Obligations of the Association. (a) Contracts, Easements and Other Agreements: The Board of Directors shall have the right to enter into,grant,perform, enforce,cancel and vacate: contracts, easements, licenses, leases, 00120903/ 1 8 agreements,and/or rights-of-way,for the use by Owners,their Guests,and other persons,concerning the Common Areas. Any of such contracts,licenses,leases,agreements, easements and/or rights-of-way,shall be upon such terms and conditions as may be agreed to from time to time by the Board of Directors, without the necessity of the consent thereto, or joinder therein,by the Owners or First Mortgagees. (b) Implied Rights: The Board of Directors shall have and may exercise any right or privilege given to it expressly by this Declaration, or reasonably to be implied from the provisions of this. Declaration, or given or implied by law, or which maybe necessary or desirable to fulfill its duties, obligations, rights or privileges. 4.10 Certain Rights and Obligations of the Declarant. So long as there are unsold Lots within the Business Park owned by the Declarant, the Declarant shall enjoy the same rights and assumes the same duties as they relate to each individual unsold Lot. ARTICLE FIVE: ASSESSMENTS 5.1 Obligation. Each Owner, including Declarant,by acceptance of a deed therefor,whether or not it shall be so expressed in such deed, covenants and agrees and shall be personally obligated to pay to the Association(a) Common Expense Assessments, (b) Special Assessments, (c) Fines, (d) Individual Assessments,and(e)Costs of Enforcement,which shall be a continuing lien upon the Lot against which each such Assessment is levied. The obligation for such payments by each Owner to the Association is an independent covenant with all amounts due, from time to time, payable in full when due without notice or demand and without setoff or deduction. All Owners of each Lot shall be jointly liable to the Association for the payment of all Assessments and Costs of Enforcement. The personal obligation for delinquent assessments shall not pass to such Owner's.successors in title unless expressly assumed by them. No Owner may waive or otherwise escape liability for the Common Expense Assessment provided for herein by the non-use of the Common Areas or the abandonment of his or her Lot. The omission or failure of the Board of Directors to levy the Common Expense Assessment for any period shall not be deemed a waiver, modification 'or a release of the Owners from their obligation to pay. 5.2 Purpose of the Common Expense Assessment. The Common Expense Assessment levied by the Association shall be used exclusively for the purpose of providing for the repair,maintenance and reconstruction of(a)the Common Areas, (b) lease or licensing improvements on the Common Area, (c) Common Area landscaping, (d) the maintenance as required by Paragraph 9.3 hereof, (e) the Detention Pond, (1) any roadway subject to any maintenance obligation of the Association, and providing hazard insurance insuring any insurable improvements upon the Common Areas, and 00120903/1 9 liability insurance covering incidents occurring on the Common Areas, and satisfying any other purpose reasonable, necessary or incidental to such purposes. Such assessments shall include the establishment and maintenance of a Reserve Fund for the repair and reconstruction of the Common Areas and common facilities which the Association has an on going duty to repair and reconstruct on a periodic basis. 5.3 Date of Commencement of the Assessments. The Common Expense Assessment shall commence as to each Lot on the first day of the month following the effective date of the first Budget of the Association. Until the commencement of the collection of the Common Expense Assessment, the Declarant shall pay all of the expenses incurred and paid for by the Association. Declarant shall retain all income from the Common Areas until the date for Commencement of the Assessments. At such time,the Association shall receive all income from the Common Areas and shall apply it to reduce Assessments. 5.4 Levy of Assessments. (a) Common Expense Assessments. Common Expense Assessments shall be levied on all Lots based upon a budget of the Association's cash requirements. The Common Expense Assessment Liability shall be prorated among the Lots in accordance with that Lot's Common Expense Assessment as set forth in Section 1.1 hereof. To the extent that any Common Expenses or a portion thereof benefit fewer than all of the Lot Owners, such expenses may be assessed exclusively against the Lots benefitted as provided in C.R.S. § 38-33.3-315(3)(b) of the Act. (b) Individual Assessments. The Board of Directors shall have the right to individually levy any Owner or Owners amounts as provided for by this Declaration,to include but not be limited to, charges levied under Paragraphs 9.2 and 9.3 thereof. No Individual Assessment shall be levied until the Owner or Owners to be charged have been given a Notice and Hearing before the Board of Directors provided for in the Bylaws of the Association. Fines shall be collected as part of the Cost of Enforcement. Individual Assessments may be levied at any time as required and are exempt from any voting requirements by the membership required for other assessments called for under the Declaration. (c) Fines. The Board of Directors of the Association shall have the right to levy a Fine against an Owner or Owners for each violation of this Declaration, the Bylaws, the Articles and the Rules and Regulations of the Association. No such Fine shall be levied until the Owner or Owners to be charged have been given a Notice and Hearing before the Board of Directors. 00120903/1 10 Fines may be levied in a reasonable amount as determined from time to time by the Board of Directors in its discretion and uniformly applied. Fines shall be collected as part of the Costs of Enforcement. (d) Special Assessments. In addition to the other Assessments authorized herein, the Board of Directors, subject to the limitations set forth below,may levy a Special Assessment for the purpose of defraying, in whole or in part, any unexpected expense to include but not be limited to, the cost of any construction, reconstruction, improvement, repair or replacement of a capital improvement upon the Common Elements,including fixtures and personal property relating thereto, or for the funding of any operating deficit incurred by the Association provided that any such assessment shall have the approval of Owners to whom at least sixty-seven percent of the votes in the Association are allocated, who are voting in person or by proxy at a meeting duly called for this purpose. Any such Special Assessment shall be levied against each Unit in accordance with that Unit's Common Expense Assessment Liability determined in accordance with Paragraph 1.1 hereof. Written notice of any meeting called for the purpose of making a Special Assessment shall be sent to all Owners not less than fourteen days in advance of the meeting. At the first such meeting called, the presence of Owners or of proxies to whom at least sixty percent of the votes in the Association are allocated shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the preceding meeting. 5.5 Due Date. Fines and Individual Assessments shall be due and payable as established by the Board of Directors. All other Assessments shall be levied on an annual basis and shall be due and payable in installments, in advance, in such frequency as the Board of Directors determines in its discretion from time to time,provided that the initial assessments shall be adjusted to reflect the time remaining in the first Association's fiscal year. Any Owner purchasing a Lot between annual due dates shall pay a prorated share. Written notice of all Assessments shall be sent to each Owner subject thereto specifying the type of Assessment, the amount and the date such Assessment is due. 5.6 Remedies for Nonpayment of Assessments. If any Assessment (to include Costs of Enforcement) is not fully paid within fifteen days after the same becomes due and payable, then interest shall accrue at the default rate set by the Board of Directors on any amount of the Assessment in default accruing from the due date until date of payment, and the Board may assess a Late Fee in an amount as determined in the Board's discretion. In addition, the Board may: (a) accelerate and declare immediately due and payable all unpaid installments of the Assessment payable for the balance of the fiscal year during which such default occurred; 00120903/1 1 1 (b) bring an action at law against any Owner personally obligated to pay the Assessment and obtain a judgment for the amounts due; and (c) proceed to foreclose its lien against the Lot pursuant to the power of sale granted to the Association by this Declaration in the manner and form provided by Colorado law for foreclosure of real estate mortgages. An action at law or in equity by the Association against an Owner to recover a judgment for unpaid Assessments may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien for the Assessments. Failure to pay assessments does not constitute a default under an insured mortgage. 5.7 The Assessment Lien. The Association is hereby granted an Assessment Lien against each Lot for any Assessment levied by the Board of Directors and for Costs of Enforcement levied against such Lot Owners when the Lot Owner fails to pay as required by the Declaration. All Costs of Enforcement incurred pursuant to this Declaration are enforceable as Assessments. If an Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment thereof becomes due. The Association's lien on a Lot for Assessments shall be superior to all other liens and encumbrances except the following: (a) real property ad valorem taxes and special assessment liens duly imposed by Colorado governmental or political subdivision or special taxing district, or any other liens made superior by statute; and (b) the lien of any loan evidenced by a first mortgage of record (including a deed of trust). Recording of the Declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for Assessments under this Article is required. However,the Board of Directors may prepare, and record in the county in which the Lot is located, a written notice setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot, and a description of the Lot. If a lien is filed, the cost thereof shall be considered a Cost of Enforcement. Any First Mortgagee who acquires title to a Lot by virtue of foreclosing a first mortgage or by virtue of a deed in lieu of foreclosure will take the Lot free of any claims for unpaid Assessments and Costs of Enforcement against that Lot which have accrued prior to the time such First Mortgagee acquires title to the Lot. Sale or transfer of any Lot shall not affect the lien for said Assessments except that sale or transfer of any Lot pursuant to foreclosure by any First Mortgagee,or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall extinguish the Assessment 00120903/1 12 Lien. No such sale, deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Lot Owner from continuing personal liability for any Assessment thereafter becoming due,nor from the lien thereof. In any action by an Association to collect Assessments and Costs of Enforcement or to foreclose a lien for unpaid Assessments, the court may appoint a receiver for the Owner to collect all sums alleged to be due from the Owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pending of the action to the extent of the Association's Common Expense Assessments and Costs of Enforcement. The rights of the Association shall be expressly subordinate to the rights of any First Mortgagee of a Lot under any assignment of rents given in connection with a first deed of trust. 5.8 Working Capital Fund. At the closing of the initial sale of a Lot to an Owner other than the Declarant or Participating Builder, a one time non-refundable contribution shall be made by such Owner to the Working Capital Fund of the Association in an amount equal to two months'Common Expense Assessment. Said contribution shall be collected and transferred to the Association at the time of closing of the sale by Declarant or Participating Builder of each Lot and shall, until used by the Association,be maintained in a segregated account with other such working capital funds for the use and benefit of the Association to cover. the costs of the initial period of the Association's operation, including,without limitation, to meet unforeseen expenditures or to purchase additional equipment, property or services. Such contribution to the Working Capital Fund shall not relieve an Owner from making regular payments of Assessments as the same become due. Upon the later sale or transfer of his or her Lot, an Owner shall be entitled to a credit from his or her transferee, but shall NOT BE ENTITLED to a credit from the Association for the aforesaid contribution. The Declarant is prohibited from using the Working Capital Fund to defray any of its expenses, reserve contributions or construction costs, or to make up any budget deficits during the Declarant Control Period. 5.9 Certificate of Status of Assessments. The Association shall furnish to an Owner or such Owner's First Mortgagee upon written request delivered personally or by certified mail, first class postage prepaid,return receipt requested,to the Association's Registered Agent, a statement setting forth the amount of unpaid Assessments currently levied against such Owner's Lot. The statement shall be furnished within fourteen business days after receipt of the request and is binding upon the Association, the Board of Directors, and every Owner. If no statement is furnished to the Owner or First Mortgagee, delivered personally or by certified mail, first class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Lot for unpaid Assessments which were due as of the date of the request. 00120903/1 13 ARTICLE SIX: ARCHITECTURAL APPROVAL/DESIGN APPROVAL Each Improvement within the Business Park must be constructed in accordance with the "Architectural Standards" attached hereto as Exhibit E, and approved in accordance with this ARTICLE SIX. The strict application of the following limitations and restrictions in any specific case may be modified or waived in whole or in part by the Committee if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing. 6.1 Approval of Improvements Required. The approval by the Design Review Committee(the "Committee") shall be required prior to the commencement of the construction of Improvements as defined in Paragraph 1.25 herein on any portion of the Business Park, except original first built Improvements constructed by Declarant. A purchase of any Lot within the Business Park does not grant any implied guarantee of approval of the Improvement to be located thereon by the Committee. The Board of Directors shall have the authority and standing, on behalf of the Association, to enforce in courts of competent jurisdiction decisions of the Committee established hereunder. 6.2 Membership of the Committee. The Committee shall consist of up to three members, the number and the members of which shall be determined by the Declarant in its sole discretion. The Declarant shall have the continuing right to appoint and reappoint the members of the Committee, which right shall terminate at the option of the Declarant by its written notice to the Secretary of the Association, but in any event shall terminate without further act or deed upon the completion of construction of the last Building within the Business Park. Thereafter, the Committee shall consist of three members, and the Board of Directors shall have the right to appoint the members of the Committee. Members of the Committee appointed by the Board of Directors must be Members of the Association. Members ofthe Committee appointed by Declarant maybe removed at anytime by Declarant and shall serve until resignation or removal by Declarant. Members of the Committee appointed by the Board of Directors may be removed at any time by the Board, and shall serve for such term as may be designated by the Board or until resignation or removal by the Board. 6.3 Address of the Committee. The address of the Committee shall be that ofthe principal office of the Association. 6.4 Submission of Plans/Design Review Fee. Prior to commencement of work to accomplish any proposed Improvement, the Person proposing to make such Improvement ("Applicant") shall submit to the Committee, at its office, or at such other place as the Committee may designate, such descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans, 00120903/ 1 14 specifications and samples of materials and colors as the Committee shall request, showing the nature, kind, shape, height, width, color, materials, and location of the proposed Improvement. The Committee may,in its guidelines or rules,provide for the payment of a fee to accompany each request for approval of any proposed Improvement. The Committee may provide that the amount of such fee shall be uniform for similar types of any proposed Improvements or that the fee shall be determined in any other manner, such as the estimated cost of the proposed Improvement. Said fee may be used to compensate any consultant as the Committee deems necessary to assist the Committee in the performance of its duties. Members of the Committee may be reimbursed for services rendered and for directly related out-of-pocket expenses. The Committee may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed Improvement. Until receipt by the Committee of all required materials in connection with the proposed Improvement, the Committee may postpone review of any materials submitted for approval by a particular Applicant. No Improvement of any kind shall be erected, altered, placed, or maintained within the Business Park unless and until the final plans, elevations, and specifications therefor have received written approval by the Committee as herein provided. 6.5 Delegation/Waiver. The Committee may at its discretion delegate to the Board of Directors any of its powers granted to it by this Article by written notice to the Board of Directors indicating what powers and authority are granted to the Board. Such delegation shall be effective from the date such notice is recorded. The approval or consent of the Committee, any representative thereof, or the Board of Directors,to any application for architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the Committee, any representative thereof, or the Board of Directors, as to any application or other matters whatsoever as to which approval or consent may subsequently or additionally be required. 6.6 Criteria for Approval. The question of reasonableness and good faith is the standard applicable in reviewing plans for approval by the Committee. The Committee shall have the right to disapprove any proposed Improvement which is(a)not in accordance with the Design Guidelines, or(b) is not suitable or desirable in the Committee's opinion for aesthetic or other reasons. In passing upon the Improvement the Committee shall have the right to take into consideration the suitability of the proposed Improvement and of the materials of which it is to be built, the color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land and the effect of the Improvement as planned on the outlook from the adjacent or neighboring property, and if it is in accordance with all of the provisions of this Declaration. The Committee may disapprove the proposed Improvement if the plans and specifications submitted are incomplete, or in the event the Committee deems the materials submitted be contrary 00120903/1 15 to the spirit or intent of the Declaration. The Committee may condition its approval of any proposed Improvement upon the making of such changes thereon as the Committee may deem appropriate. 6.7 Decision of the Committee. The decision of the Committee shall be made within thirty days after receipt by the Committee of all materials required by the Committee unless such time period is extended by mutual agreement. The decision shall be in writing and, if the decision is not to approve a proposed Improvement, the reasons therefor shall be stated. The decision of the Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Committee. A majority vote of the Committee shall constitute the action of the Committee. The Committee shall report in writing to the Board of Directors all final actions of the Committee if requested by the Board of Directors. The Committee shall not be required to keep the materials submitted beyond one year from date of approval. 6.8 Appeal to the Board of Directors. If the Committee disapproves or imposes conditions on the approval of a proposed Improvement, the Applicant may appeal to the Board of Directors by giving written notice of such appeal to the Board of Directors and the Committee within ten days after notice of such disapproval or conditional approval is given to the Applicant. The Board of Directors shall hear the appeal with reasonable promptness after reasonable notice of such hearing to the Applicant and the Committee and shall decide, with reasonable promptness,whether or not the proposed Improvement or the conditions imposed by the Committee shall be approved, disapproved or modified. If the Committee approves a proposed Improvement, any Owner impacted by the Committee's decision may appeal the approval to the Board of Directors by giving written notice of such appeal to the Board of Directors, the Committee and the Applicant within ten days after such approval. The Board of Directors shall hear the appeal with reasonable promptness after reasonable notice of such hearing in writing to the Applicant, the appealing Owner and the Committee. The Board shall decide with reasonable promptness,whether or not the proposed Improvement's approval shall be upheld. The decision of the Board of Directors shall be final and binding on the parties concerned. 6.9 Failure of Committee to Act on Plans. Any request for approval of a proposed Improvement shall be deemed approved, unless disapproval or a request for additional information or materials is transmitted to the Applicant by the Committee within thirty days after the date of receipt by the Committee of all necessary materials as determined by the Committee. 00120903/1 16 6.10 Prosecution of Work After Approval. After approval of any proposed Improvement, the proposed Improvement shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed Improvement, any materials submitted to the Committee in connection with the proposed Improvement and any conditions imposed by the Committee. Failure to complete any proposed Improvement within eight months from the date of the commencement of construction shall constitute noncompliance with this Article. 6.11 Notice of Completion. Upon completion of the Improvement, the Applicant shall give written Notice of Completion to the Committee. Until the date of receipt of a Notice of Completion, the Committee shall not be deemed to have notice of completion of any Improvement. 6.12 Inspection of Work. The Committee or its duly authorized representative shall have the right to inspect any Improvement prior to or after completion; provided that the right of inspection shall terminate thirty days after the Committee receives a Notice of Completion from the Applicant. 6.13 Notice of Noncompliance. If, as a result of inspections or otherwise, the Committee finds that any Improvement has been done without obtaining the approval of.the Committee, or was not done in substantial compliance with the description and materials furnished to, and any conditions imposed by, the Committee, or was not completed within eight months from the date of the commencement of construction, the Committee shall notify the Applicant in writing of the noncompliance;which notice shall be given,in any event within thirty days after the Committee has inspected the Improvement, but in no event no later than thirty days after the Committee's receipt of such Applicant's Notice of Completion. The Notice shall specify the particulars of the noncompliance and shall require the Applicant to take such action as may be necessary to remedy the noncompliance. 6.14 Failure of Committee to Act After Completion. If, for any reason other than the Applicant's act or neglect, the Committee fails to notify the Applicant of any noncompliance within thirty days after receipt by the Committee of written Notice of Completion from the Applicant,the Improvement shall be deemed to be in compliance if the Improvement was, in fact, completed as of the date of Notice of Completion. 6.15 Appeal to the Board of Directors of Finding of Noncompliance. If the Committee gives any Notice of Noncompliance, the Applicant may appeal to the Board of Directors by giving written notice of such appeal to the Board and the Committee within ten days after receipt by the Applicant of the Notice of Noncompliance. If, after a Notice of Noncompliance, the Applicant fails to commence diligently to remedy such noncompliance, the Committee shall request a finding of noncompliance by the Board of Directors by giving written notice of such request to the Board of Directors and the Applicant within thirty days after delivery to the Applicant of a Notice of Noncompliance. In either event, the Board of Directors after Notice and Hearing shall decide,with reasonable promptness,whether or not there has been such noncompliance and, if so, the nature thereof 00120903/1 17 6.16 Correction of Noncompliance. If the Board of Directors determines that a noncompliance exists, the Applicant shall remedy or remove the same within a period of not more than thirty days from the date of receipt by the Applicant of the ruling of the Board of Directors. If the Applicant does not comply with the Board's ruling within such period, the Board may, at its option, record a "Notice of Noncompliance" against the Lot on which the noncompliance exists, or may remove the noncomplying Improvement or may otherwise remedy the noncompliance. The Board may levy an Individual Assessment in accordance with Paragraph 5.4(b) hereof against the Owner of such Lot for such costs and expenses incurred. The right of the Board of Directors to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Board of Directors may have at law, in equity, or under this Declaration. 6.17 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. 6.18 No Implied Waiver or Estoppel. No action or failure to act by the Committee or by the Board of Directors shall constitute a waiver or estoppel with respect to future action by the Committee or the Board of Directors. Specifically,the approval by the Committee of any Improvement shall not. be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement or similar proposals,plans, specifications or other materials submitted with respect to any other Improvement. 6.19 Estoppel Certificates. The Board of Directors shall, upon the reasonable request of any interested party and after confirming any necessary facts with the Committee, furnish a certificate with respect to the approval or disapproval of any Improvement or with respect to whether any Improvement was made in compliance herewith. Any person,without actual notice to the contrary, shall be entitled to rely on said certificate with respect to all matters set forth therein. 6.20 Architectural Standards. The Committee may promulgate rules and regulations to interpret and implement the provisions of this Article. These rules and regulations shall be known as the "Architectural Standards"(see attached Exhibit E)and shall contain,among other things,guidelines which will clarify the types of designs and materials that will be considered in design approval. The Applicant shall be responsible to apply for all permits and approvals required by the City. The Committee may review and revise the said Architectural Standards in its sole discretion so long as said guidelines are not discriminatory and are uniformly applied. 6.21 No Liability for Committee Action. There shall be no liability imposed on the Design Review Committee, any member of said Committee, any authorized representative of said Committee,the Association,any member of the Board of Directors or Declarant for any loss,damage or injury arising out of or in any way connected with the performance of the duties of the Committee, if such party acted in good faith and without malice. In reviewing any matter, the Committee shall not be responsible for passing on safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations, nor shall its approval of an Improvement be deemed approval of such matters. 00120903/1 18 ARTICLE SEVEN: BUILDING AND LOT SPECIFICATIONS All Buildings shall be constructed and maintained by the Owner in accordance with the following standards, unless an exception is approved in writing by the Committee (see attached Exhibit D as to conceptual building styles). (a) The Committee shall approve the location and height of any improvement placed on any Lot. The location of the Improvements must be within any restrictions shown on the recorded Plat, and the height of the Improvement must comply with the County Ordinances. Such approval must be obtained before commencement of any construction or alteration in accordance with ARTICLE SIX hereof (b) Roofs are to be a complementary element of a Building's architecture. Materials such as seamed architectural metals,concrete, clay or slate tiles and architectural dimensional composite shingles with a minimum 25 year warranty shall be used on all pitched roof surfaces. (c) The design of all accessory buildings, fences and screen walls shall be consistent in terms of architectural style, materials, finish and color with the architectural themes and materials of the Building of which they are to be a part. ARTICLE EIGHT: INSURANCE 8.1 Authority to Purchase/General Requirements. All insurance policies relating to the Association and Common Areas within the Business Park shall be purchased by the Board of Directors. The Board of Directors shall promptly furnish to each Owner and/or such Owner's First Mortgagee requesting same, written notice of the procurement of, subsequent changes in, or termination of, insurance coverages obtained on behalf of the Association. 8.2 Property Insurance. The Board of Directors shall obtain and maintain property insurance, insuring any insurable improvements constructed on the Common Areas. The total amount of insurance must be not less than the full insurable replacement cost of the Common Areas, exclusive of land and other items normally excluded from property policies. 8.3 Liability Insurance. Commercial General Liability insurance will be maintained in an amount determined by the Board of Directors, but in no event shall it be less than $1,000,000. This insurance shall cover all occurrences commonly insured against for death,bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the Common Areas and the activities of the Association; and may also include, if applicable, comprehensive automobile liability insurance, liability for property of others, host liquor liability, contractual liability,workers compensation insurance for employees of the Association, and such other risks as shall customarily be required by private institutional mortgage investors with respect to projects similar in construction, location and use. 00120903/I 19 8.4 Directors' and Officers' Liability Insurance. Adequate Directors and Officers liability insurance, if available, and if deemed consistent with good business practices, for errors and omissions on all Directors and Officers to be written in an amount which the Board of Directors deems adequate, covering all of the officers and directors of the Association. This insurance will have limits determined by the Board of Directors. 8.5 Premiums. Insurance premiums for insurance carried or to be carried by the Association shall be a Common Expense. 8.6 General Provisions. All Association insurance shall be carried in blanket policy form naming the Association as insured and as attorney-in-fact for the Owners. The policies shall contain: (a) A standard non-contributory First Mortgagee's clause in favor of each First Mortgagee, and shall provide that it cannot be cancelled or materially altered by either the insured or the insurance company until thirty days'prior written notice is given to the insured and each First Mortgagee. (b) Waivers of any defense based on invalidity arising from any acts or neglect of an Owner where such Owner is not under the control of the Association. 8.7 Insurance Proceeds. Any loss covered by the property insurance policy described in Paragraph 8.2 above shall be adjusted by the Board of Directors of the Association,and the insurance proceeds for that loss shall be payable to the Association,and not to any First Mortgagee. The Board of Directors shall hold any insurance proceeds in trust for the Association, Owners and holders of Security Interests as their interests may appear. The proceeds must be disbursed first for the repair or restoration of the Common Areas. The Owners, Association and holders of Security Interests are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Common Areas have been completely repaired or reconstructed. If proceeds are distributed, the distribution shall be between the Owners and such Owner's holders of Security Interests as their interests may appear. 8.8 Condemnation. If a part of the Common Areas are acquired by condemnation, that portion of any award attributable to the Common Areas taken shall be paid to the Association. ARTICLE NINE: MAINTENANCE 9.1 Maintenance of the Common Areas and Landscape Easements. The Association shall provide for the repair, maintenance and/or reconstruction of those areas described in Paragraph 5.2 hereof. Without limiting the generality of the foregoing and by way of illustration, the Association shall keep such areas in safe, attractive,clean condition and in good repair and may make necessary or desirable alterations or improvements thereon. 9.2 Roadways. The Association shall maintain any roadway subject to any maintenance agreement with any governmental unit pursuant to any improvement agreement, plat, or roadway dedication. 00120903/1 20 9.3 Special Maintenance Requirements. Common Areas and any areas where portions of the Building park abut county property shall be maintained in accordance with Weld County standards and ordinances as validly in effect from time to time. If Weld County shall reasonably determine that the Board of Directors is not able to maintain said property in a reasonable condition,the County may,in its discretion,continue to maintain said property in accordance with Weld County standards. The cost of such maintenance by Weld County shall be paid by the Association and any unpaid costs shall become a tax lien proportionately upon the affected Lots in conformity with appropriate Weld County procedures. 9.4 Association Responsibility. The maintenance obligation on the part of the Association shall apply to such maintenance required by ordinary wear and tear and shall not apply to maintenance, repair and/or reconstruction resulting from willful neglect or destruction. In the event such repair, maintenance and/or reconstruction is resulting from the willful neglect or destruction by an Owner or such Owner's Guests, the Board of Directors shall have the right, after Notice and Hearing,to charge the costs of such repair,maintenance and/or replacement, to such Owner by an Individual Assessment in accordance with Paragraph 5.4(b) hereof. Determination of whether such repair, maintenance and/or reconstruction is the obligation of the Association and the determination of when, the magnitude and the manner of the above described maintenance, repair and/or reconstruction shall rest solely with the Board of Directors, which will also have the sole responsibility for determining the kind and type of materials used in such repair and maintenance. 9.5 Maintenance of the Lots and Buildings. Each Owner shall be responsible for the maintenance, repair and reconstruction of the exterior of such Owner's Building and such Owner's Lot, to include adequate mowing of grass and weeds so that at all times the Lot has an appealing appearance and complies with the County's ordinance. Each Owner shall maintain the landscaping on any Landscape Easement on Owner's Lot, but shall not be responsible Landscaping or the Common Areas. In the event any Owner shall fail to maintain his or her Lot or Building in a manner satisfactory to the Board of Directors, the Board of Directors shall have the right and duty, after Notice and Hearing, to enter upon said Lot and repair, maintain and/or reconstruct the Lot and/or Building. The cost of such maintenance, repair and/or reconstruction. shall be chargeable to such Owner by an Individual Assessment in accordance with Paragraph 5.4(b) hereof. 9.6 Easements for the Board of Directors. Each Lot shall be subject to an easement in favor of the Board of Directors (including its agents, employees and contractors) to perform its obligations pursuant to this Declaration. ARTICLE TEN: DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS 00120903/1 21 10.1 Reservation. The Declarant reserves the following Development Rights and Special Declarant Rights which may be exercised, where applicable, anywhere within the Business Park: (a) To complete the improvements indicated on the Plat; (b) To exercise any Declarant Rights reserved herein; (c) To maintain business/sales offices, parking spaces, management offices, storage areas, nursery, construction yard, signs, advertising and model Buildings; (d) To maintain signs and advertising in the Common Areas to advertise the Business Park; (e) To use, and to permit others to use, easements through the Common Areas as may be reasonably necessary for construction within the Business Park and for the purpose of discharging the Declarant's obligations under this Declaration; (0 To appoint or remove any officer of the Association or a member of the Board of Directors during of Period of Declarant Control subject to the provisions of Paragraph 4.7 of this Declaration; (g) To amend the Declaration and/or the Plat in connection with the exercise of any Declarant Rights; and (h) To exercise any other Declarant Right created by any other provisions of this Declaration. 10.2 Resubdivision of a Lot. The Declarant, during the Declarant Control Period, shall have the right to resubdivide a Lot to create additional Lots within the Business Park, consolidate Lots, or consolidate and resubdivide Lots. Upon the resubdivision of a Lot, the votes and the Common Expense Assessment Liability shall be allocated by the Declarant,in accordance with the formulas set forth in Paragraph 1.1 hereof, to the Lots resulting from such resubdivision. Such allocation shall be reflected by the amendment to the Schedule of Allocation of Interests shown on the attached Exhibit C. 10.3 Rights Transferable. Declarant Rights created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the Rights transferred and recorded in the records of the County Clerk and Recorder. Such instrument shall be executed by the transferor Declarant and the transferee. 10.4 Limitations. The Declarant Rights shall terminate at the option of the Declarant by its written notice to the Secretary of the Association, but in any event such Rights shall terminate without further act or deed seven years after the date of the recording of this Declaration. 00120903/1 22 10.5 Interference with the Declarant Rights. Neither the Association, the Board of Directors nor any Owner may take any action or adopt any rule that will interfere with or diminish Declarant Rights without the prior written consent of the Declarant. 10.6 Use by Declarant. The exercise of the Declarant Rights by Declarant shall not unreasonably interfere with the access, enjoyment or use of any Lot by any Owner nor the access, enjoyment or use of the Common Areas; nor shall any activity be conducted which might be unsafe, unhealthy, or hazardous to any person. 10.7 Models, Sales Offices and Management Offices. Subject to the limitations set forth in Paragraph 10.4 hereof,the Declarant its duly authorized agents,representatives and employees may maintain any Buildings owned by the Declarant as a model Building or as a sales, leasing or management office. 10.8 Declarant's Easements. The Declarant reserves the right to perform warranty work, and repairs and construction work on Lots and Common Areas, to store materials in secure areas, and to control and have the right of access to work and repair until completion. All work shall be performed by the Declarant without the consent or approval of the Board of Directors. The Declarant has an easement through the Common Areas as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising of the Declarant Rights reserved in this Article. 10.9 Signs and Marketing. The Declarant reserves the right for Declarant to post signs and displays on the Common Areas in order to promote sales of Lots. Declarant also reserves the right for Declarant to conduct general sales activities in a manner which will not unreasonably disturb the rights of Owners. ARTICLE ELEVEN: DURATION, AMENDMENT AND TERMINATION OF THE DECLARATION 11.1 Duration. The covenants,restrictions and obligations of this Declaration shall run with and bind the land in perpetuity until this Declaration is terminated in accordance with Paragraph 11.4 below. 11.2 Amendments by Owners. Except as permitted by the Declarant in Paragraphs 10.2 and 13.5 hereof, and except as restricted by Paragraph 11.3 hereof, this Declaration may be amended by a written agreement by Owners to which at least sixty-seven percent of the votes in the Association are allocated. Any such amendment shall be effective upon the recording of the amendment together with a notarized Certificate of the Secretary of the Association certifying that the requisite number of Owners have given their written consent to the amendment. The Secretary shall further certify that originals of such written consents by Owners,along with the recorded amendment,are in the records of the Association and available for inspection. 00120903/1 23 Each amendment to the Declaration must be recorded in the Office of the County Clerk and Recorder. All signatures shall be irrevocable even upon death or conveyance of the Lot, except that if an amendment is riot recorded within three years of the date of signature,then the executing Owner or their successor or assigns may revoke their signature by a written and notarized document delivered to the Secretary of the Association. Amendments can be executed in counterparts, provided that such recorded document shall also contain a certification of the Secretary of the Association that all counterparts, as executed, are part of the whole. No action shall be commenced or maintained to challenge the validity of any aspect of any amendment of the Association's Declaration, Articles of Incorporation or Bylaws unless it is commenced within one year from the date of the recording of the said amendment, unless fraud or willful negligence is asserted and proven. 11.3 Consent of Declarant Required. Notwithstanding any other provision in this Declaration to the contrary, any proposed amendment of any provision of this Declaration shall not be effective unless Declarant has given its written consent to such amendment. The foregoing requirement for consent of Declarant to any amendment shall terminate at the option of the Declarant by its written notice to the Secretary of the Association, but in any event, shall terminate without further act or deed in accordance with the limitations set forth in Paragraph 10.4 hereof. 11.4 Termination. Except in the case of a taking of all the Lots by condemnation, the Business Park may be terminated only by agreement of Owners to which at least sixty-seven percent of the votes in the Association are allocated, and the approval of at least sixty-seven percent of the Eligible Mortgagees, together with the written approval of the County Attorney's office. The proceeds of any sale of real estate together with the assets of the Association shall be held by the Association as trustee for Owners and holders of liens upon the Lots to be distributed as their interests may appear. ARTICLE TWELVE: MANDATORY DISPUTE RESOLUTION 12.1 Statement of Clarification. Without modifying or restricting the scope of this Article and as a statement of clarification only, nothing contained in this Article is intended to prevent the parties from attempting to resolve any differences between them through the normal course ofbusiness and communications. It is only when the parties are unable to resolve their differences and they wish to proceed further through the assertion of a "Claim" as defined herein, that the Mandatory Dispute Resolution provisions contained in this Article are activated. 00120903/1 24 12.2 Alternative Method for Resolving Disputes. Declarant; the Association, its officers and directors; all Owners; design professionals; builder including any of their subcontractors and suppliers; and any Person not otherwise subject to this Declaration but who agrees to submit to this Article (each such entity being referred to as a "Bound Party"), agree to encourage the amicable resolution of disputes involving the Business Park and all of its improvements without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to submit all Claims each may have to the procedures set forth in this ARTICLE TWELVE and not to a court of law. 12.3 Claims. Except as specifically excluded in this paragraph 13.3,all claims,disputes and other controversies arising out of or relating to the: (a) Contract for Sale and Purchase between Declarant and Buyer; (b) Property(as defined in said Contract) and the Building; (c) purchase of the Property or the Building; (d) interpretation, application or enforcement of this Declaration; (e) land development, design and/or construction of the improvements within the Business Park and/or any alleged defect therein; (f) rights, obligations and duties of any Bound Party under this Declaration; and/or (g) breach thereof, all of which are hereinafter referred to as a "Claim", shall be subject to and resolved by submitting the Claim to mediation and, if not resolved during mediation, shall be resolved by Mandatory Binding Arbitration all in accordance with ARTICLE THIRTEEN of this Declaration and not in a court of law. Unless Owners to whom at least sixty-seven percent of the votes in the Association are allocated agree to the contrary, the following shall not be Claims and shall not be subject to the provisions of this ARTICLE THIRTEEN: (a) any suit by the Association against any Bound Party to enforce the provisions of ARTICLE FIVE(Assessments); (b) any suit by the Association or Declarant to obtain a temporary restraining order or injunction and such other ancillary relief as the court may deem necessary in order for the Association or Declarant to act under and enforce the provisions of ARTICLE SIX (Architectural Control), or ARTICLE SEVEN (Restrictive Covenants and Obligations); 00120903/1 25 (c) any suit by an Owner to challenge the actions of Declarant, the Association, the Declarant acting as the Design Review Committee, or any other committee with respect to the enactment and application of standards or rules or the approval or disapproval of plans pursuant to the provisions of ARTICLE SIX (Architectural Control); (d) any suit between or among Owners, which does not include Declarant or the Association as a party; (e) any suit in which any indispensable party is not a Bound Party. 12.4 Notice of Claim. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") shall submit all of their Claims by written notification delivered to each Respondent, stating plainly and concisely: (a) the nature of the Claim, including the Persons involved and Respondent's role in the Claim; (b) the legal or contractual basis of the Claim(i.e.,the specific authority out of which the Claim arises); and (c) the specific relief and/or proposed remedy sought. 12.5 Timely Initiation. All Claims shall be initiated by the Claimant within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations or repose. 12.6 Right to be Heard. Upon receipt of a Claim and prior to the Association or any Member asserting the Claim commencing any arbitration or judicial or administrative proceeding which may fall within the scope of this ARTICLE TWELVE,Declarant shall have the right to be heard by the Claimant, affected Owners, and Association in an effort to resolve the Claim. 12.7 Right to Inspect. If the Claim is based on the land development, design and/or construction of the Improvements within the Business Park then,subject to Owner's prior written approval which shall not be unreasonably withheld, Declarant shall have the right to access the affected area at a reasonable time(s) for purposes of inspecting the condition complained of including but not be limited to, any investigative or destructive testing. The Association shall have the same right to inspect for any Claims by Owner against the Association in accordance with the above. In the exercise of the inspection rights contained herein, the party causing the inspection to be made ("Inspecting Party") shall: 00120903/1 26 (a) be careful to avoid any unreasonable intrusion upon, or harm,damage or costs to the other party including, without limitation, using its best efforts to avoid causing any damage to, or interference with, any improvements on the property being inspected ("Property"); (b) minimize any disruption or inconvenience to any person who occupies the Property; (c) remove daily all debris caused by the inspection and located on the Property; (d) in a reasonable and timely manner, at the Inspecting Party's sole cost and expense, promptly remove all equipment and materials from the Property and repair and replace all damage, and restore the Property to the condition of the Property as of the date of the inspection, unless the Property is to be immediately repaired. The repair,replacement and restoration work shall include, without limitation, the repair or replacement to any structures, driveways, fences, landscaping, utility lines or other improvements on the Property that were damaged, removed or destroyed by Inspecting Party. In the event the Inspecting Party wishes to make appropriate and necessary repairs to resolve the subject matter of the Claim, the same shall be made upon terms and conditions acceptable to all affected parties. The Inspecting Party shall not permit any claim, lien or other encumbrance arising from the exercise of its right to inspect to accrue against or attach to the Property. The Inspecting Party shall indemnify,defend and hold harmless the owners,tenants,guests, employees and agents, against any and all liability, claims, demands, losses, costs and damages incurred, including court costs and attomey's fees., resulting from any breach of this Article by the Inspecting Party. 12.8 Good Faith Negotiations. The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. Any party may appoint a representative to assist such Party in negotiations. 12.9 Mediation. If the Parties do not resolve the Claim through negotiations within thirty days after the date of submission of the Claim to Respondent(s), as may be extended upon agreement of all affected Parties, Claimant shall have 30 additional days to submit the Claim to mediation under the auspices of an independent mediation service acceptable to all parties. If Claimant does not submit the Claim to mediation within such time,or does not appear for the mediation,Claimant shall be deemed to have waived the Claim, and all Respondent(s) shall be released and discharged from any and all liability to Claimant on account of such Claim. (a) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. (b) If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such other time as determined by the mediator or agreed to by the Parties, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. 00120903'1 27 (c) Within ten days after issuance of a Termination of Mediation, the Claimant shall make a final written Settlement Demand to the Respondent(s), and the Respondent(s) shall make a final written Settlement Offer to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Claim shall constitute the Settlement Demand. If the Respondent(s) fail to make a Settlement Offer, Respondent(s) shall be deemed to have made a "zero" or "take nothing" Settlement Offer. (d) Each Party shall bear its own costs, including attorney's fees, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the mediation proceeding. (e) If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with this ARTICLE TWELVE and any Party thereafter fails to abide by the terms of such agreement, then any other Affected Party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in this ARTICLE TWELVE. In such event, the Party taking action to enforce the agreement shall be entitled to recover from the non-complying Party all costs incurred in enforcing such agreement, including, without limitation, attorney's fees and court costs. 12.10 Consensus for Association Arbitration or Litigation. Except as provided in this ARTICLE TWELVE, the Association shall not commence any arbitration or a judicial or administrative proceeding unless Owners to which at least sixty-seven percent of the votes in the Association are allocated agree to such proceedings. This Paragraph 12.10 shall not apply, however, to: (a) actions brought by the Association or Declarant to enforce the terms of this Declaration (including, without limitation, the foreclosure of liens); (b) the imposition and collection of Assessments,Fines,costs and attorney fees,or other specific amounts due under the Declaration; or (c) counterclaims brought by the Association in proceedings instituted against it. 12.11 Arbitration. If the Parties do not reach a settlement of the Claim within 15 days after issuance of any Termination of Mediation and reduce the same to writing, the Claimant shall have 15 additional days to submit the claim to binding arbitration in accordance with the Arbitration Procedures' contained in Exhibit E hereof and deliver an Arbitration Notice to all Respondent(s). (a) The parties agree that where any Claim,dispute or other controversy existing between them is submitted to arbitration, and any other Bound Party may have liability with respect thereto, all parties including any third parties agree that the third parties may be joined as additional parties in the arbitration, or if a separate arbitration exists or is separately initiated, to the consolidation of 00120903/1 28 all arbitrations. It is the intent of the parties to resolve all rights and obligations of all interested parties at one time in one forum rather than in multiple proceedings. (b) If the Claim(s)are not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claims shall be deemed abandoned, and Respondent(s) shall be released and discharged from any and all liability to Claimant arising out of such Claims. (c) The award rendered by the arbitrator shall be final and binding,maybe filed with any court of competent jurisdiction in accordance with applicable law and judgment obtained thereon, and execution may issue. The party seeking enforcement shall be entitled to all reasonable attorney's fees and costs incurred in the enforcement of the award. (d) The Arbitrator shall have authority, in the sound exercise of discretion, to award the prevailing party such party's costs and expenses, including reasonable attorney's fees. (e) The Association or the Owner shall notify the Declarant prior to retaining any person or entity as an expert witness for purposes of any arbitration or authorized litigation. 12.12 Binding Effect. This ARTICLE TWELVE and the obligation to arbitrate shall be specifically enforceable under the applicable arbitration laws of the State of Colorado. The arbitration award shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the State of Colorado. 12.13 Amendment. This ARTICLE TWELVE shall not be amended unless such amendment is approved by Owners to whom at least sixty-seven percent of the votes in the Association are allocated. ARTICLE THIRTEEN: GENERAL PROVISIONS 13.1 Right of Action. Subject to the provisions of ARTICLE TWELVE hereof, the Association and any aggrieved Owner shall have an appropriate right of action against an Owner for such Owner's failure to comply with this Declaration, the Articles of Incorporation and Bylaws of the Association, the Rules and Regulations of the Association or with decisions of the Board of Directors which are made pursuant thereto. Owners shall have a similar right of action against the Association. 13.2 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the Declarant, the Association and each Owner and their heirs, personal representatives, successors and assigns. 13.3 Severability. Any portion of this Declaration invalidated in any manner whatsoever shall not be deemed to affect in any manner the validity, enforceability or effect of the remainder of this Declaration, and in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 00120903/ 1 29 13.4 No Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 13.5 Registration by Owner of Mailing Address. Each Owner shall register his or her mailing address with the Association, and except for monthly statements and other routine notices, which shall be personally delivered or sent by regular mail, all other notices or demands intended to be served upon an Owner shall be delivered personally or sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices, demands or other notices intended to be served upon the Board of Directors of the Association or the Association shall be sent by certified mail, postage prepaid, to John Davis, Commerce Court, ,Lafayette,Colorado ,Registered Agent for the Association until the Registered Agent is changed by a notice duly filed with the Office of the Secretary of State of Colorado (Change of Registered Agent). 13.6 Conflict. In the event of any conflict between this Declaration and any other Project Documents, this Declaration shall control. 13.7 Books and Records. Owners and their mortgagees shall have the right to examine the books and records of the Association at the office of the Association. 13.8 Captions. The captions and headings in this Declaration are for Convenience only,and shall not be considered in construing any provision of this Declaration. 13.9 Numbers and Genders. Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this 2 Wei day of 1V4MMc,y , 2006. LYONS 66 PACIFIC, LLC, a Colorado Limited Liability Company By:/ 7/� Manager 00120903/1 30 STATE OF COLORADO ) )SS. COUNTY OF BOULDER ) Subscribed and sworn to before me a. i4Y7S on the 2 %tAday of ml two N , 2006. . 0 i A k''• t? ti iSiWITNESS MY HAND AND OFFI IAL SEAL. �'. i0 %My Commission expires: AU��-� � v is �k OF Grp Notary Pu lic 00120903/ I 31 EXHIBIT A TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC LLC BUSINESS PARK LEGAL DESCRIPTION OF THE COMMON AREAS SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC LLC BUSINESS PARK 00120903/1 32 EXHIBIT B TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC LLC BUSINESS PARK LEGAL DESCRIPTION OF THE LANDSCAPE EASEMENTS SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC LLC BUSINESS PARK The following are descriptions of Landscape Easements which exist within the Business Park. 00120903/ 1 33 EXHIBIT C TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC LLC BUSINESS PARK PROPERTY DESCRIPTION A portion of the Northwest 1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., being more particularly described as follows: Commencing at the North quarter corner of said Section 26; thence South 00'13'00" West a distance of 40.00 feet to a point on the South right-of-way line of Colorado State Highway 66; thence South 89'25'00 West and along the South right-of-way line of Colorado State Highway 66 a distance of 1270.76 feet to the Point of Beginning; Thence South 00'13'00 West a distance of 1279.93 feet; thence South 89'25'10" West a distance of 1325.86 feet to a point on the East right-of-way line of Interstate 25; thence Northerly along the East right-of-way line the following three courses: 1. North 00'25'30" East a distance of 206.37 feet; 2. North 16'00'00" East a distance of 1088.80 feet; 3. North 89'59'42" East a distance of 500.89 feet to a point on the South right-of-way line of Colorado State Highway 66; thence North 89'25'00" East and the South right-of-way line of Colorado State Highway 66 a distance of 529.35 feet to the Point of Beginning. County of Weld State of Colorado (for informational purposes only) vacant land 00120903/1 34 EXHIBIT D TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC LLC BUSINESS PARK ARCHITECTURAL STANDARDS All architectural elevations shall be consistent in terms of materials and design elements, as well as articulation. Long, unarticulated facades shall be avoided by employing any combinations of the following to-create visual interest and shadow lines: (1) Textured and or patterned surfaces, (2) Projections of exterior building walls. (3) Recesses and reveals in exterior building walls. (4) Variations in color schemes. (5) Roof overhangs and changes in parapet height. (6) Window and glass breaks combined with exterior material changes. The entrance to the building shall be clearly defined. It shall be integrated into the building's design and architecture by using the following techniques: (I) The entrance shall be pedestrian in scale and designed to encourage pedestrian movement. (2) Landscape areas shall be oriented and focused on-the entrance. (3) Architectural elements both in the roof and/or wall designs shall be employed to allow for the entrances to be inviting to pedestrians. (4) More than one main entrance per building will be allowed. All Exterior Materials used in the buildings shall be of high quality wall surface materials such as: (1)Face Brick (2) Stone (Natural or Synthetic) (3) Stucco (Natural or Synthetic)* (4) Decorative concrete masonry** (5) Architectural cast concrete (6) Glass is also acceptable but will be considered on an individual basis All Colors shall be predominantly natural colors such as the sandstone occurring naturally in Colorado. Other acceptable colors will be in the neutral tones of Beige, Champagnes and Ivories. More Intense, brighter flourescent colors can be used as accent colors but may not be used as the predominant wall color on the buildings. Accent colors should not constitute more than 10% of the area of any elevation including any awnings or attachments to the building. 00120903/1 35 *When stucco or synthetic stucco is a predominant wall surface material it shall be used in combination with brick, stone or decorative concrete masonry. 00120903/1 36 EXHIBIT D TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC LLC BUSINESS PARK ARCHITECTURAL STANDARDS **When decorative concrete masonry are used as the exterior wall surfaces they must contain decorative bands, columns, pilasters or patterns of a contrasting color and texture so as to avoid a monotonous appearance. ROOFS: Roofs are to be a complementary element of a buildings architecture. Buildings with flat roofs shall be designed with varying parapet wall heights to create visual interest. Pitched roofs shall be integrated into a building architecture and used to accent it's facade by identifying the entrances. Materials such as seamed architectural metals, concrete, clay or slate tiles and architectural dimensional composite shingles with a minimum 25 year warranty shall be used on all pitched roof surfaces. ACCESSORY BUILDINGS: The design of all accessory buildings, fences and screen walls shall be consistent in terms of architectural style, materials, finish and color with the architectural themes and materials of the building they are to be a part of. 00120903/1 37 EXHIBIT E TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LYONS 66 PACIFIC LLC BUSINESS PARK ARBITRATION PROCEDURES 1. All Claims subject to arbitration shall be decided by a single private party arbitrator to be appointed by the parties. 2. If the parties are unable to agree upon an Arbitrator within 30 days from the date of the Arbitration Notice, the presiding judge of the District Court in which the Condominium Community is located shall appoint a qualified arbitrator upon application of a party. 3. No person shall serve as the arbitrator where that person has any financial or personal interest in the result of the arbitration or any family, social or significant professional acquaintance with any other party to the arbitration. Any person designated as an arbitrator shall immediately disclose in writing to all Parties any circumstance likely to affect the appearance of impartiality, including any bias or financial or personal interest in the outcome of the arbitration ("Arbitrator Disclosure"). If any Party objects to the service of any arbitrator within 14 days after receipt of that Arbitrator's Disclosure, such arbitrator shall be replaced in the same manner in which that arbitrator was selected. 4. The Arbitrator shall fix the date, time and place for the hearing. The arbitration proceedings shall be conducted in the County in which the Condominium Community is located unless otherwise agreed by the Parties. 5. Except as modified herein the arbitration shall be conducted pursuant to the then current Construction Industry Rules of Arbitration of the American Arbitration Association to the extent applicable, but shall not be conducted or administered by the American Arbitration Association. 6. No formal discovery shall be conducted in the absence of an order of the Arbitrator or express written agreement among all the Parties. 7. Unless directed by the Arbitrator, there will be no post-hearing briefs. 8. The Arbitration Award shall address each specific Claim to be resolved in the arbitration, provide a summary of the reasons therefore and the relief granted, and he rendered promptly after the close of the hearing and no later than 14 days from the close of the hearing, unless otherwise agreed by the Parties. The Award shall be in writing and shall be signed by the Arbitrator. 00120903/1 38 9. The Arbitrator shall have authority, in the sound exercise of discretion, to award the prevailing party such party's costs and expenses, including reasonable attorney's fees. 00120903/1 39 M t LYONS 66 PACIFIC COMMERCE PARK CONSTRUCTION PHASING PLAN PART OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN. COUNTY OF WELD, STATE OF COLORADO AREA - 35.01 ACRES, MORE OR LESS. PHASE 2 HIGHWAY ACCESS IMPROVEMENTS �/�_ ___ ------------ I- ..&k at; _ �, _ gsf l,rintalia Ir i:i. :' «. it nj'i.+„ _ PHASE I ". ^��.e to y TEMPORARY Le* HIGHWAY i Area . e et or r 4 t ACCESS iesittelittr• � as 1:422, te> .............a................ e friatiffi _AO y ifrObr "frat Of di all k aTh tag.4 itinS1W‘*eta I ral.ta7 1.- :frat:741)...;:to: LEGEND 4 4$41X tett eNP 41 Crti$44 _ SAS 14 k(61 fr' PHASEI raer a �. 100,0". . .4* 4, . l',11... 1 it 0 411t,4 t.,4:040-. 4). mak stSt.-4-irensPHASE 2 b. PHASE 3 r� was... es ....... .. ,.. , I 1 I II I PHASE MAP ale ME J Mar 10 05 09: 29a Tampca Harbison 303A66-7991 p. 1 03/09/2005 11:41 303-48t-1968 ST VRAIN SANITAI.,J PAGE 81/01 A St. Vrain RANI TATI ON DISTRICT March 9,2005 John H. Davis 1224 Commerce Court#6 Lafayette,Colorado 80026 Re: Lyons 66 Pacific,LLC,Located in a potion of the NW'4 of Section 26, TN3, R68W of the 6th P.M. of Weld County,CO. Dear Mr.Davis, The property described above lies within the 208 service area of the Saint Vrain Sanitation District. Service to the property is an clement of the District's long-range plans. Saint Vrain Sanitation District will provide sanitary sewer service to the proposed development, subject to the following conditions: • Completion of necessary connection agreements, • Engineering indicating land parcel will flow by gravity, • Procurement of easement (s)for sewer pipe, • Approval of construction drawings, • Receipt of applicable fees,and • Service will be subject to the rules and regulations of the Saint Vrain Sanitation District Sincerely Ruben Fleck District Engineer St.Main Sanitation District 11307 Business Park Circle Longmont, CO 80504 Phone(303)778-9570 Fax:(303)4854968 OS-21-2E'01 11 17RM FROhV"..TWD TO 3036517226 P.01 LITTLE THOMPSON WATER DISTRICT Telephone(970)532-20% DIRECTORS. y»a Hallway 54 May 4,2001 Draw" Ians4ca ,Lea "tb+aa6 Ca 10515 v Kok wwwjdta Rabin D o Ve Rahn flrla CA Apk:.m Can S I"aevian+ Jan sow MANAGER: Parma RH.%title% Post-It•Fax Nate 7871 off- woos--' 3 ReimTo , u l µ„i c. T.c2tle Co John Davis Phone-�"• �J �” " " 3A3 Boulder Pacific Inc. aX" Fax it 1270 Commerce Court #3 Lafayette, CO 80026 Dear Mr. Davis: This letter is in response to your request for an updated water service commitment for up to 15 commercial lots,in the proposed subdivision described as follows: PORTIONS OF SEC.26,T3N,R68W--WELD COUNTY,CO The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. We currently have a 12" Dia.water line located along Hwy.66 and Mead Street with additional capacity available. We can commit to provide service to the above property, subject to the limitations in this letter, for one water tap per lot; and the following additional limitations on the provision of water service are? 08-21-2001 11: 17AM FR0Ij,..,LTWD TO r 303651722E P.0? 1. In August of 1993 the Little Thompson Board implemented a "system impact" fee of $1,050.00 per 5/8" tap or tap equivalent added to the system. This is due upon completion of the main line extension agreement. Tap size jwaact Ice required: 518 in. 1 X$1050.00 $1,054.00 3/4 in. 1.5 X$1050.00=S1,575.00 1 in 2.5 X$1050.00=$2,626.00 1 ,Lf, in• 5 X S1050.00"$5.250.00 2u 8 X$1050.00=$8,400.00 2. All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 3. Little Thompson Water District requires the transfer of one share of Colorado Big Thompson water for each 518" tap equivalent in the commitment and then to pay for the rest of the tap fee as the water lines are put in service. The developer then has the taps to sell with the lots at the price that he sets. Tan eixe� #Atateres rmairtsil 5/B in. 1 3/4 In. 2.6 1 in. 3.6 11hin. 6.6 tin 8.4 4 The installation of a fire hydrant requires payment of a $2,000 fire hydrant fee prior to final approval of the subdivisions lines. You will be responsible for any improvements needed to meet the required fire flows in your subdivision. 5. In order to provide the water service to the subdivision you will be required to install a minimum 16" Dia. Water line from Hwy 66 South through your subdivision and connect to the 12" Dia. Line South of you property along the frontage road. This will allow your line to he part of a looped system. 6. You will be required to provide the needed water lines in the proposed subdivision . The design, installation and total cost of the project will be the responsibility of the developer. 08-21-2001 11: 18RM FR0tr.LTWA TO 3©36G1722e P.03 0011* 8 The connection to the existing 12 in. water line at Hwy 56 is subject to a rebate of$ 15,253.40. The connection to the existing 12 in. water line at along the I-25 frontage road is subject to a rebate also. This rebate amount has not been set but will be as soon as the water line project is finished and the bill of sale is in hand. The rebate is collected by the District and is rebated to the parties that originally built the waterline. This commitment letter will expire two years from the date of this letter if the taps have not been purchased,paid for and installed by that date of expiration. The current fee for the domestic taps are. I P sizt CUjrent 5/8 in. S 14,000.00 3%4,a. S 33,100.00 1 in. 5 39.600.00 1 1/1 in. S 87,600.00 2 in. $116.400.00 YOU ARE HEREBY ADVISED THAT THE RULES,REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS NOTICE TO YOU OR ANY PERSON.kND TARIFFS APPLICABLE TO If PROPERTY AT ANY TIME If you have questions,please contact me. Regards, Michael T. Cook District Engineer TOTAL P.t3. LYONS 66 PACIFIC COMMERCE PARK CONSTRUCTION COST ESTIMATE 4/1/2005 SANITARY SEWER $ 84,600.00 WATER $ 358,847.00 STORM SEWER $ 185,569.00 CONCRETE $ 187,869.00 PAVING $ 397,190.00 HIGHWAY 66 ACCESS $ 217,460.00 EARTHWORK $ 170,000.00 LANDSCAPE, ELECTRIC $ 100,000.00 GAS, PERMITS, MISC TOTAL COST $ 1,701,535.00 Swift and Associates Town Planning • Urban Design ■ Civil Engineering FINAL DRAINAGE REPORT LYONS 66 PACIFIC COMMERCE PARK WELD COUNTY, COLORADO I hereby certify that this drainage report(plan)for the final drainage design of Lyons 66 Pacific Commerce Park,Weld County,Colorado,was prepared by me(or under my direct supervision)in accordance with the provisions of the Storm Drainage Design and Technical Criteria Regulations in Section 10.13 of the Wel_=�� *lion Ordinance for the owners thereof SF.F9 John J. ' i1. ,.q,RE. No. 368%� olorado Off, •� PREPARED FO `TS/0NAL _ �:66 Pacific,LLC 1210 Commerce Court,Unit#36 Lafayette,Colorado 80026 _ October 9,2000 August 20,2003 February 7,2004 421 21",Suite 212,Longmont,Co,80501 (303)772-7052;FAX 651-7226 Introduction: -" The subject property is located in the NW 1< of the NW /of Section 26,Township 3 North,Range 68 West of the 6th P.M. The site contains a total of 35.01 acres,more or less. The property is currently going through the subdivision process in the county to subdivide the property into 15 commercial/light industrial lots varying in size from 1 acre to 3 acres more or less. The property is presently undeveloped and bound by I-25 to the west,Highway 66 to the north, a John Deere Dealership to the east and the Rademacher farm to the south. The existing site is not currently being utilized. The improvements on the property consist of a private irrigation lateral and a storm water conveyance from I-25. As part of this development, the I-25 conveyance will be realigned,but will continue to serve its existing function. The right to abandon the irrigation lateral has been purchased. The property is approximately 1'/2 miles north of the St Vrain Creek. Mulligan Reservoir and Foster Reservoir are each about 1/2 mile to the west. The drainage from this property eventually reaches the St. Vrain Creek to the south. The irrigation lateral that bounds the west and part of the northern boundary characterizes the property. This ditch is constructed as a flat concrete lined ditch but separates the highway drainage (both I-25 and Highway 66) from the property drainage. The site slopes from the northwest corner down to the southeast corner at less than 1.0%. The site also slopes up from the northwest corner to both the southwest and northeast corners. The 1-25 drainage ditch is the low point in the property and traverses from the west to southeast property lines. This concrete lined ditch is fed from a 24 inch RCP from under the frontage road and the adjacent ROW. The site is not in the 100 year flood zone. The proposed development consists of 15 commercial/light industrial lots and the associated access roads and utilities. Because of the size and location of the property, the rational method has been used to determine historic and developed runoff rates. Drainage Design: HISTORIC—For purposes of examining the existing condition on site,the property has been examined as a whole. A historic(existing)time of concentration of 53.37 minutes was derived and the Intensity Frequency Duration curves prescribed by Boulder County for Region 1 were used to determine the rainfall intensity. The curves published by Boulder County were created using the method described by Urban Drainage and Flood Control and this property is in close enough proximity to the applicable region that the curves are deemed adequate. This analysis reveals the following historic flow rates 5-year historic 10-year historic 100-year historic 5.32 cfs 12.95 cfs 41.31 cfs 421 21'x,Suite 212,Longmont,Co,80501 (303)772-7052;FAX 651-7226 (See appendix A). Additionally, there are off-site contributions from a sliver of highway- - 66 near the northeast corner of the site, along with several acres of the adjacent John Deere dealership. Drainage from this area will be accepted in its existing state and quantity,with the understanding that any improvements to the John Deere site would require detention and release at these existing rates. This drainage will be routed through the site and detention facility, however it will not be detained, as it is simply off-site pass through. A second off-site pass through situation occurs with the CDOT I-25 drainage that enters the site. Near the mid-point of the western property line, a 24"RCP enters the site from a series of drainage inlets that capture median drainage from I-25. It appears that the basin to this pipe includes all of the 1-25 ROW for a '/:mile to the north and approximately% mile to the south as well as the north and south ROW of State Highway 66 from I-25 to the eastern boundary of the subject property. Currently, URS Corporation has been contracted by the drainage division of CDOT to examine the drainage situation in this area as part of the I-25 widening project. After discussing the situation with Pieter Van — Ry of URS, 2 important pieces of information came to light. First,the exact drainage area that contributes to this outlet pipe is in question and second, because of the need to lower _ I-25 as part of the new widening,the outlet will become obsolete. Because CDOT could not provide exact information regarding the highway drainage in this area, the I-25 ROW drainage was determined by the 24 inch outlet pipe being the limiting factor. It would be possible for water to pond in the ROW area above the inlet to a depth of 4980.10 feet (before it would overtop adjacent banks). Utilizing this information, and HY8 culvert design software it was determined that the maximum theoretical capacity of the outlet pipe is approximately 43.00 cfs. (See Appendix B) Much of the I-25 ROW drainage infrastructure was in disrepair with pipes being silted full and crushed in some instances. This value will be very conservative as compared to the actual flows. My discussions with URS also revealed plans on the part of CDOT to increase the flow to this conveyance in the future. It is not the responsibility of this site to accept any flows greater than the existing historic condition. Regardless,the lowering of I-25 with the widening project will require this conveyance to be lowered in the future. Due to the exceedingly flat nature of the site, this lowering will require that the conveyance "chase grade"downstream and off-site. While it would be beneficial to both CDOT and the developer of this site to work together on this future solution and to share the associated costs Mr. Van Ry made it clear that the timing of this work and design on the part of CDOT would be well into the future. The conclusion to this situation then is that the developer of this project will preserve the existing CDOT drainage conveyance by rerouting it through the site at his cost. In the future, CDOT may find need to remove and — replace the conveyance. If so, they will have to do so at their cost. DEVELOPED- Calculation of developed flows has been performed for the property as a whole, in order to size the required detention facility. (See Appendix A). The following are the developed flow anticipated for the site and assume that the entire site, less required landscape areas, will be covered with hard surface(roof or asphalt). — 421 21".Suite 212,Longmont,Co,80501 (303)772-7052;FAX 651-7226 STREET CAPACITY—The capacity of the two streets has been analyzed at critical locations designated by the design points on the drainage plan. The purpose of this check is to insure both the ability of the street to convey the minor storm as well as the quantity of flow that will be intercepted by the inlets. The results of this analysis can be reviewed in appendix B. CULVERTS -CDOT is currently undertaking a drainage study in this area relating to the I-25 widening project. Preliminary results provided by CDOT's consultant, URS, shows an intention to alter the existing drainage patterns in the area and an anticipated upsizing of the 24"pipe that brings their drainage into the site to a 54"pipe. Along with this enlargement of the pipe comes greater than existing flows. Clearly this change is not consistent with the existing(historic)drainage patterns in the area,and the final results of this study may well indicate other plans. As explained above,this development is currently planning to accommodate the existing flow for this scenario by rerouting the I- 25 drainage ditch that passes across the site to a location along the west and south property lines. The ditch will be piped for some 850' followed by 1000' of concrete lined ditch(See Appendix D for concrete ditch design information). This drainage flow is only to be passed through the site, and will not be detained. All conveyances associated with this drainage will be kept separate from the site conveyances and detention facility. (See Appendix C for all culvert design information). Additionally, several culverts across the site carry drainage from inlet to inlet or to ditches. Theses culverts have been analyzed by use of HY8 culvert design software or Eagle Point Storm Sewer design software. The data that pertains to each pipe has a file name that consist of the culvert# preceded by Davis (e.g. DAVIS 1 pertains to culvert C1). DITCHES—There are 3 ditches that convey drainage along common lot lines. The location of these ditches can be seen on the drainage map. These ditches accept both surface flows, as well as inlet discharge and carry those flows to the detention pond. All ditches are proposed as"V" shape ditches with 4:1 side slopes. The only exception to this is the concrete lined ditch along the south property line that serves to carry the CDOT flows across the site. The flow in this concrete lined ditch is simply a"pass-through" from off-site upstream to off-site downstream, and as such it is not passed through the detention pond. (Ditch calculations can be found in Appendix D.) EROSION CONTROL-Several measures are proposed for the control of erosion. Silt fence is proposed along all property lines downstream from disturbed areas. Staked hay bales are proposed at appropriate intervals along the drainage ditches. Permanent riprap is shown at culvert inlets and outlets, as well as at ditch intersections to control scour. WATER QUALITY—Storm water quality management will be achieved through the use of the retention portion of the pond. Suspended particles will settle out from the retained stormwater and a regular maintenance program for removal of sedimentation will be required of the subdivision association. 421 21m,Suite 212,Longmont,Co,80501 (303)772-7052;FAX 651-7226 The selected structural Best Management Practice(BMP)is that of a"Retention Pond Sedimentation Facility." For the Water Quality design, an assumed maximum site imperviousness of 80%has been utilized. This imperviousness yields a required Water _ Quality Capture Volume of 46,347 cu ft,well within the confines of the retention portion of the pond. Water Quality calculations can be found-at the end of Appendix A. Conclusion: The information and design provided within complies with the standards as outlined in the Storm Drainage Design and Technical Criteria Regulations in Section 10.13 of the Weld County Subdivision Ordinance and the Urban Drainage and Flood Control District Design Manual. The proposed development of this site poses no adverse impact on up or down stream development or drainage ways. 421 21°,Suite 212,Longmont,Co,80501 (303)772-7052;FAX 651-7226 APPENDIX A 421 21",Suite 212,Longmont,Co,80501 (303)772-7052;FAX 651-7226 PROJECT: LYONS 66 PACIFIC'' BASIN:ALL(UNDEVELOPED) 1.RUNOFF COEFFICIENTS-UNDEVELOPED Surface Area Ann FREQUENCY Type (wrest (%) 2 5 10 100 To t% 35.01 100 - - -Hard Surf 0.00 0.00 0.87 0.87 0.88 0.89 Grass 35.01 100.00 0.05 0.1 02 0.4 Crawl 0.00 0.00 0.15 0.25 0.35 0.85 Roof 0.00 0.00 0.8 0.85 0.9 0.9 Other 0.00 0.00 0.87 0.88 0.9 0.93 Totals 35.01 WEIGHTED 0.06 0.10 0.20 0.40 2.HISTORIC RUNOFF COEFFICIENTS 0100= OA 3.TIME OF CONCENTRATION UNDEVELOPED BASIN INITIAL TRAVEL DISTANCE(4 500) 500 INITIAL SLOPE (%) 1 STREET TRAVELDSTANCE 1280 STREET SLOPE (%) 0.5 GROUND TYPE gutter flow VELOCITY 1.8 Initial Ti= 1.8(1.1.C5))(.)".5 - 40.25 min (Sy.3333 Street Tt= LJBOV - 13.13 min 1 USE TN640F CONCENTRATION AS Tc' = 53.37 MN 4.RAINFALL INTENSITIES Least guar regression HMe 2 and 1W year event n as Mom tt E0.(1) Y•Ab"((L SY2C) EC.(2) Y_Ae*((%9)"2C) Cool! 2 Year(2) 10 Year(2) 100 Year(1) A 11028 2.5018 115343 B 85.9835 42.1775 .0.041 C 3470 3523 1858.6267 -12 COS r^2 O992 0994 1 INTENSITY RATES i 2= 1.08 1Mw i5= 1.52 iMw 1100 - 1.86 inns i100 2.961Mtr Lax- 3.98 5.PEAK RUNOFF RATES-UNDEVELOPED Q=CIA 05= 5.32 cla 010= us5cra q h4 0100= 41.31 cis • PROJECT: LYONS 66 PACIFIC • BASIN: ALL DEVELOPED 1.RUNOFF COEFFICIENTS-DEVELOPED Surface Area Area FREQUENCY Type (acres) (%) 2 _ 5 10 100 - Total 35.01 _ 100 - Hard Surf 18.37 52.48 0.87 0.87 0.88 0.89 Grass 10.34 29.52 0.05 0.1 0.2 0.4 Gravel 0.00 0.00 0.15 0.25 0.35 065 Roof 6.30 17.99 0.8 0.85 0.9 0.9 Other 0.00 0.00 0.87 0.88 0.9 0.93 !Totals j 35.01 WEIGHTED 0.62 0.64 0.68 I 0.75 2.HISTORIC RUNOFF COEFFICIENTS ciao. 1 04� 3. TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<500') 375 INITIAL SLOPE (%) 2 TRAVEL TIME DISTANCE 2335 TRAVEL TIME SLOPE (%) 0.5 GROUND TYPE CONCRETE CHANNEL VELOCITY 1.6 Initial Ti= 1.8(1.1-05XL)^.S = 13.25 min (SJA.3333 [Travel Tt = -. U60V 24.32 min - J TOTAL TIME OF CONCENTRATION = 37.57 MIN U180+10 TIME _ 25.06 MIN I USE TIME OF CONCENTRATION AS Tc 25.06 MIN INTENSITY RATES i 5 = 1.50 Inlhr 110= 3.03 Inlhr 1100= 4.73 In hr LnX 363 —5. PEAK RUNOFF RATES-DEVELOPED Q=CIA " 05 = 40.27 cts 010 = 72.44 cfs O103= 124.25 as `` D,f‘.)1.7c.,4 Pro - 6.DETENTION POND DETENTION POND INPUT BASIN:ALL DEVELOPED Elev. Area elev. Incr. Sum Sum OP ft) step Volume Volume Depth 61.00 0.00 0.00 0.00 0 62.00 4757.00 1.00 5931.00 5931.00 1 63.00 12066.00 1.00 13762.00 19893.00 2 64.00 22529.00 1.00 24297.00 43990.00 3 65.00 34678.00 1.00 37880.00 81870.00 4 66.00 48236.00 1.00 50051.00 131921.00 5 67.00 75039.00 1.00 58901.00 190822.00 6 68.00 84752.00 1.00 84752.00 275574.00 7 69.00 94600.00 1.00 94800.00 370174.00 8 7.FAA MASS BALANCE DETENTION STORAGE METHOD - MASS BALANCE O=CiA Historic Tc= 10 min Historic C = 0.4 Historic i = 7.37 In/hr 100 YEAR STORM ONLY FOR ZONE I,ADAMS COUNTY ENTER OUTLET PIPE Q= 5.32 cfs ACREAGE Composit Time of CA 'C' concentration 35.01 0.75 25.1 26.16 POND • Minutes Seconds intensity TOTAL Outlet Dirt. Volume(ft^3) volume 5 300 9.50 74,550 74,550 10 600 7.31 114,728 3,192 111,536 15 900 6.04 142,193 4,788 137,405 20 1200 5.25 164,794 6,384 158,410 30 1800 4.21 198,223 9,576 188,647 60 3600 2.75 258,962 19,152 239810 — 90 5400 1.94 274,028 28,728 245,300 120 7200 1.52 286,270 38,304 247,966 180 10800 1.06 299,454 57,456 241,998 — (MAXIMUM VOLUME-. - 247,916 CU.FT:R 120 MM Lyons 66 Pacific Commerce Park Drainage Design DEVELOPED DRAINAGE Developed Runoff Rates Q = CIA 444 72:4,4 cfs qiba' z' 1_'14.28 cI DETENTION POND SIZING Using the asymmetrical triangular hydrograph 100 year storm: V ico = 1.335(tc)(60)(Qd-Qh) Q d = 124.25 cfs Q n = 0.00 cfs 24et 'a, FOR COMPARISON ONLY USE FAA RESULTS FOR DESIGN {j 4 Developed Drainage Basin C Page 1 4/7/04 _ ! STAGEvs . STORAGE LYONS 66 PACIFIC COMMERCE PARK 69 68 EL--4 .70 67 - 66 DETENTIONS -fa 65 0 64 63 RETENTION VO 247, 6 _ 62 ! VOL-8h &70 61 - 0 100000 200000 300000 40000d Volume (cu ft) LYONS 66 PACIFIC COMMERCE PARK Q .q Pond Outlet Hydrauics C f it t-7 n L.i L d r" F IC r Proposed January 30th,2004 CIRCULAR ORIFICE SIZE(FT) 0,94 feet _> 11.28 inches EMERGENCY SPILL-OVER WEI-.• 'Ji,. 28 feet (pc lie L_CN4r' F 100 YEAR DISCHARGE RATE=5.32cfs Wei C=3.27+0.40'(HTh) (historic 5 year dkGrarge) 100 YEAR EMERGENCY SPILL RATE=124.25cfs (developed 100 year discharge-for emergency overflow only) oaf** Weir t$orK. Sum-Roi% Elevations• Depth • ctout(cfsr WetrH/h WelL'C''"Gout(+C (cfrx Circular Orifice 65.00 0.00 0.00 66.00 1.00 2.64 2.64 67.00 2.00 4.48 4.48 67.70 2.70 '5.44` d 541 - Bottom of Weir 67.70 2.70 5.41 0.00 3.27 0.00 5.41 68.00 3.00 5.76 0.11 3.31 12.53 18.28 69.00 4.00 6.80 0.48 3.46 118.04 1,24.1 ;-• •PROJECT: LYONS 66 PACIFIC '' r " ... '1.h �'%r 't„ �' _.. ti:�`r'f`�� :S: BASIN: 10 DEVELOPED 1.RUNOFF COEFFICIENTS-DEVELOPED --- Surface Area Ares - FREQUENCY Type (acres) (%) 2 5 10 100 Total 6.42 100 - Hard Surf 3.53 55.00 0.87 0.87 0.88 0.89 Grass 1.28 20.00 0.05 0.1 0.2 0.4 Gravel 0.00 0.00 0.15 0.25 0.35 065 Roof 1.61 25.00 0.8 0.85 0.9 0.9 Other 0.00 0.00 0.87 0.88 0.9 0.93 Totals j 6.42 WEIGHTED 0.89 0.71 0.75 0.79 2.HISTORIC RUNOFF COEFFICIENTS c'too- 3.TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<500') 310 INITIAL SLOPE (%) 2 TRAVEL TIME DISTANCE 630 TRAVEL TIME SLOPE (%) 0.5 GROUND TYPE PAVED 8 GUTTER VELOCITY 1.5 Initial Ti= 1.8(1.1-05)(L)A.5 = 10.17 min (S)A.11-13 I Travel Tt = V60V = 7.00 min [TOTAL TIME OF CONCENTRATION = 17.17 MIN 1L/180+10 TIME = 1522 MIN USE TIME OF CONCENTRATION AS Tc = 15.22 MIN INTENSITY RATES i 5 = 3.25 In/hr i10= 3.91 In/hr 1100= 8.13 Infir LnX= 2 84 5. PEAK RUNOFF RATES-DEVELOPED Q=CiA 05 = 14.84 as Q10 = 18.80 as 0 100= 31.27 es PR OJ Ctit BASIN: 20 DEVELOPED - 1.RUNOFF COEFFICIENTS-DEVELOPED Surface Area Area I FREQUENCY Type (act* (%) 2 5 10 100 Total 5.03 100 - - - _ Hard Surf 2.77 55.00 0.87 0.87 0.88 0.89 _ Grass 1.01 20.00 0.05 0.1 0.2 0.4 -- Gravel 0.00 0.00 0.4 0.45 0.5 0.6 Roof 1.26 25.00 0 8 0.85 0.9 0.9 Other _ 0.00 _ 0.00 0.87 0.88 0.9 0.93 - Totals A 5.031 'WEIGHTEDI 0.69 ( 0.71 1 0.73 1 0.79 f 2. HISTORIC RUNOFF COEFFICIENTS 1 C1 00s 1 0.4 - 3. TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<500') 500 INITIAL SLOPE (%) 2 TRAVEL TIME DISTANCE 130 TRAVEL TIME SLOPE (%) 0.5 — GROUND TYPE PAVED&GUTTER VELOCITY 1 5 — Initial Ti= 1.8(1.1-05)(L)^.5 = 12.91 min 1 (S)".3333 Travel Tt = 1,/601/ _ 1.44 min f TOTAL TIME OF CONCENTRATION = 14.35 MIN 1 U180+10 TIME = 13.50 MIN 'USE TIME OF CONCENTRATION AS Tc = 13.50 MIN — INTENSITY RATES i 5 = 3.33 In/hr i10= 4.07Inhr 1100= 6.36 In/hr — LnX= 2.66 5. PEAK RUNOFF RATES-DEVELOPED Q=CIA Q5 = 11.91 cfs Q10 = 16.33 cfs Q100= 25.42 cts . . .. .:.::::..:. -, r , PR 3JEC't': LYONS 66 PACIFIC .. • BASIN: 30 DEVELOPED I.RUNOFF COEFFICIENTS-DEVELOPED Surface Area Area FREQUENCY Type (acres) (%) 2 1 5 10 100 Total 3.80 100 _ Hard Surf 2.27 63.03 0-87 0.87 0.88 0.89 Grace 0.63 17.50 0.05 0.1 0.2 0.4 Gravel 0.49 13.61 0.15 0.25 0.35 0.65 Roof 0.21 5.86 0.8 0.85 0.9 0.9 Other 0.00 0.00 0.87 0.88 0.9 0.93 [Totals 1 3.601 WEIGHTED 0.82 0.65 0,69 0.T7 , - 2.HISTORIC RUNOFF COEFFICIENTS ci00- �.`:.: 0.4 3.TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<500') 500 INITIAL SLOPE (%) 2 TRAVEL TIME DISTANCE 1164 TRAVEL TIME SLOPE (%) 1.5 GROUND TYPE PAVED&GUTTER VELOCITY 2.4 In ti�l Ti= 1.8(1.1-05)(L)^.5 = 14.95 min (S)^.3333 Travel Tt = U60V = 8.08 min •TOTAL TIME OF CONCENTRATION = 23.03 MIN ;1/180+10 TIME = 19.24 MIN USE TIME OF CONCENTRATPON AS Tc = 19.24 MIN INTENSITY RATES i 5 = 2.88 111/hr 110= 3-48 INhr 1100= 5.48 Irdhr Lr1X= 3 14 5. PEAK RUNOFF RATES-DEVELOPED Q=CIA Q5 = 6.74 cos Q10 = 8.60 cfs 0100= 15.18 cfs PROJECT: .LYONS 66 PACIFIC:'...... . .... .. BASIN: 40 DEVELOPED 1. RUNOFF COEFFICIENTS-DEVELOPED — Surface Area Area FREQUENCY Type (acres) (%) 2 5 j 10 :' 100 Total 1.19 100 - - Hard Surf 0.71 60.00 0.87 0.87 0.88 0.89 — Grass 0.18 15.00 0.05 0.1 _ 0.2 0.4 ~ Gravel 0.00 0.00 0.15 0.25 0.35 0.65 Root 0.30 25.00 0.8 0.85 0.9 0.9 Other 0.00 0.00 0.87 0.88 L 0.9 0.93 yL Totals 1 1.19 jWEIGHTEDt 0.73.• 1. 0.7E . 1 0.7S.. :1:...O.t2 .:1 - 2.HISTORIC RUNOFF COEFFICIENTS C100• :--:.. ....!..-i: i:A1.14 3.TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<500') S00 INITIAL SLOPE (%) 2 TRAVEL TIME DISTANCE 350 TRAVEL TIME SLOPE (%) 0.5 GROUND TYPE PAVED 8 GUTTER VELOCITY 1.5 Initial Ti= 1.8(1.1-05XL)".5 = 5.20 min (S)".333:1 (Travel Tt = L/60V = 3.89 min TOTAL TIME OF CONCENTRATION = 9.09 MIN - LL/180+10 TIME = 12.50 MIN 1 'USE-rime OF CONCENTRATION AS: To..... - = 9.09 MIN: IJ INTENSITY RATES i 5 = 3.71 Inlhr i10= 4.48 in/hr — 1100= 8.97 in hr LAX= 2.21 — 5. PEAK RUNOFF RATES-DEVELOPED Q=CiA Q5 = 3.31 ds Q10 = 4.16 cfs — Q100= 6.79 ets _ I PROJECT: LYONS 66 PACIFIC -- BASIN: 50 DEVELOPED 1.RUNOFF COEFFICIENTS-DEVELOPED _ Surface Area Area FREQUENCY Type (acres) (%) 2 5 10 i 100 Tot 6.42 100 - - _ _ Hard Surf 3.53 55.00 0.87 0.87 0.88 0.89 Grass 1.28 20.00 0.05 0.1 _ 0.2 0.4 Gravel 0.W _ _ 0.00 0.15 0.25 0.35 0.65 Roof 1.61 25.00 0.8 0.85 0.9 0.9 _ Other — 0.00 _ 0.00 0.87 0.88 0.9 0.93 ITS J 6.42j IWEIGHTEDI O$$..:..j...... 0.71 I Gy75..`:•I 0.79 J - 2.HISTORIC RUNOFF COEFFICIENTS I coo- l D.4] 3.TIME OF CONCENTRATION DEVELOPED BASIN 'INITIAL TRAVEL DISTANCE(<500') 1 215 INITIAL SLOPE (%) 2.2 "- TRAVEL TIME DISTANCE 710 TRAVEL TIME SLOPE (%) 0.5 GROUND TYPE GRASSED WATERWAY VELOCITY 1.1 Initial Ti= 1.8(1.1-05)(Lr.5 = 8.20 min I (S)'.3333 f 'Travel Tt = L/60V = 10.76 min TOTAL TIME OF CONCENTRATION = 18.96 MINI. U180+10 TIME = 15.14 MIN 'USE TIME OF CONCENTRATION AS::•.Yc 1514 MIN INTENSITY RATES i 5 = 3.21 In/hr i10= 3.92 Irdhr 1100= 6.18 In/hr LnX= 294 5. PEAK RUNOFF RATES-DEVELOPED Q=CiA Q5 = 14.65 cis 010 = 18.85 cis — Q100= 31.52 cis .. PROJECT::.. LYONS .aCIFI • . : • : BASIN: 60 DEVELOPED 1. RUNOFF COEFFICIENTS-DEVELOPED Surface Area Area FREQUENCY Type es) (%) 2 1 5 L 10 100 Total 2.25 100 - Hard Surf 1.46 65.00 0.87 0.87 0.88 _ 0.89 Grass 0.23 10.00 0.05 _ 0.1 0.2 0.4 Gravel 0.00 0.00 0.15 0.25 0.35 0.65 Roof 0.56 25.00 0.8 0.85 0.9 0.9 Other 0.00 0.00 0.87 0.88 0.9 0.93 ITota68 1 2.251 rWEIGHTED 0.77 1 .ate::.: t 0J2 0.64 f - 2.HISTORIC RUNOFF COEFFICIENTS L O100• 1 0.4] 3.TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<50O) 100 INITIAL SLOPE (%) 2 TRAVEL TIME DISTANCE 675 TRAVEL TIME SLOPE (%) 0.5 GROUND TYPE PAVED 8 GUTTER VELOCITY 1 5 Initial Ti= 1.8(1.1-05)(L)^.5 = 4.63 min (S)^.3333 Travel Tt = U60V 7.50 min LTOTAL TIME OF CONCENTRATION - 1213 MIN t../180+10 TIME • 14.31 MIN (USE TIME OF CONCENTRATION AS Tn. • . • 12.13 MIN INTENSITY RATES i 5 = 3.49 In h► 10= 4.25 Infhr — 1100= 6.62 Inlhr LnX= 2.50 — 5. PEAK RUNOFF RATES-DEVELOPED 0=CiA Q5 = 6.19 es O10 = 7.81 es 0100= 12.56 as ' v PR0JECT. LY0NS 66 PACIFIC BASIN: 70 DEVELOPED 1.RUNOFF COEFFICIENTS-DEVELOPED Surface Area Area FREQUENCY Type fame) (%) 2 5 10 100 Total 1.52 100 Hard Surf 0.99 65.00 0.87 0.87 0.88 0.89 Grass 0.15 10.00 0.05 0.1 0.2 0.4 Gravel 0.00 0.00 0.15 0.25 0.35 0.65 Roof 0.38 25.00 0.8 0.85 0.9 0.9 Other 0.00 0.00 0.87 0.88 0.9 0.93 Totals I 1.52 WEIGHTED!: -0:77:.. 0.79 0.82 0.84 2.HISTORIC RUNOFF COEFFICIENTS C100•' I 0.4 3.TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<500') 345 INITIAL SLOPE (%) 2 TRAVEL TIME DISTANCE 20 TRAVEL TIME SLOPE (%) 0.5 GROUND TYPE PAVED 8 GUTTER VELOCITY 1.5 Initial Ti= 1.8(1.1-05)(L)".5 = 8.60 min (5)".3333 Travel Tt = U6OV = 0.22 min I TOTAL TIME OF CONCENTRATION = 8.82 MIN I c /180+10 TIME = 12.03 MIN I IUSE TIME OF CONCENTRATION AS Ts = 8.82 MIN. I INTENSITY RATES i 5 = 3.63 Inlhr i10= 4.38 In/br. 1100= 6.72 Mir LnX= 218 _ 5.PEAK RUNOFF RATES-DEVELOPED Q=CiA 05 = 4.35 cfs Q10 = 5.41 cis 0100= 8.62 aft PROJECT: LYONS 66 PACIFIC BASIN: 80 DEVELOPED - 1. RUNOFF COEFFICIENTS-DEVELOPED Surface Area Area FREQUENCY Type (sues) (%) 2 5 10 100 Total 0.65 100 - - - Hard Surf 0.42 65.00 0.87 0.87 0.88 0.89 Grass 0.07 10.00 0.05 0.1 0.2 0.4 Gravel 0.00 0.00 0.15 0.25 0.35 0.65 Roof 0.16 25.00 0.8 0.85 0.9 0.9 Other 0.00 0.00 0.87 0.88 0.9 0.93 Totals I 0.65 WEIGHTED 0.77:: 0.79 022'. . 0.84 2.HISTORIC RUNOFF COEFFICIENTS 0700+ : OA - 3.TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<500') 0 INITIAL SLOPE (%) 2 TRAVEL TIME DISTANCE 820 TRAVEL TIME SLOPE (%) 2.5 GROUND TYPE CONCRETE CHANNEL VELOCITY 3.2 - IniBal Ti= 1.8(1.1-05)(L)^.5 = 0.00 min (S)^.3333 Travel Tt = L/60V = 3.23 min LTOTAL TIME OF CONCENTRATION = 3.23 MIN LL/180H0 TIME = 13.44 MIN USE TIME OF CONCENTRATION AS:: .To = 3.23 MIN' INTENSITY RATES i 5 = 8.00 InIhr -. i10= 8.00 Inihr • i100= 9.40 Inhr LnX= 1.17 5. PEAK RUNOFF RATES-DEVELOPED Q= CIA Q5 = 2.56.as Q10 = 3.19 as moo= 5.15 ors _ PROJECT: LYONS 66-PACIFIC BASIN: 90 DEVELOPED 1. RUNOFF COEFFICIENTS-DEVELOPED Surface Area Area FREQUENCY Type (acre's) (%) 2 5 10 100 • Total 1.74 100 _ Hard Surf 0.96 55.00 4 0.87 0.87 0.88 0.89 Grass 0.35 20.00 0.05 0.1 0.2 0.4 Gravel 0.00 0.00 0.15 0.25 0.35 0.65 Rod 0.44 25.00 0.8 0.85 _ 0.9 0.9 Other 0.00 0.00 0.87 0.88 0.9 0.93 Totais 1.74 WEIGHTED 0.69 ;•..an o.it.-I dri • I 2. HISTORIC RUNOFF COEFFICIENTS 0.4 3.TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<500) 300 INITIAL SLOPE (%) 2 TRAVEL TIME DISTANCE 150 TRAVEL TIME SLOPE (%) 0.5 GROUND TYPE GRASSED WATERWAY VELOCITY 1.1 Initial Ti= 1.8(1.1-05)(L)^.5 10.00 min _ (S)^.3.f53 LTravel Tt = U60V = 227 min TOTAL TIME OF CONCENTRATION = 12.27 MIN ..U180+10 TIME = 12.50 MIN USE TIME OF CONCENTRATION AS Tc 12.27 MIN INTENSITY RATES i 5 = 3.49 IMw. .. . • . i10= 4.25 infhr •. 100= 8.60 Inihr• LnX= 2.51 5. PEAK RUNOFF RATES-DEVELOPED Q 05 = 4.32 cis 010 = 5.54 cts Q100= 9.12 cts PROJECT: LYONS 66 PACIFIC BASIN: 100 DEVELOPED 1.RUNOFF COEFFICIENTS-DEVELOPED Surface Area Area FREQUENCY Type O (%) 2 5 10 100 Total 10.77 100 - Hard Surf 4.85 45.00 0.87 0.87 0.88 0.89 Grass 3.77 _ 35.00 0.05 0.1 0.2 0.4 Gravel 0.00 ODD 0.15 0.25 0.35 0.65 Roof 2.15 20.00 0.8 0.85 0.9 0.9 Other 0.00 0.00 0.87 0.88 0.9 0.93 Totals J 10.77 WEIGHTED r" 0.67" t 0.10 •1 0.85 I 0.72 - 2.HISTORIC RUNOFF COEFFICIENTS Ci00■ 0.4 - 3.TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<500') _ 475 INITIAL SLOPE (%) 2 , TRAVEL TIME DISTANCE - 850 TRAVEL TIME SLOPE (%) 0.5 GROUND TYPE GRASSED WATERWAY VELOCITY 1.1 Initial Ti= 1.8(1.1-05XL)^.5 = 16.29 mm (S)A.3333 (Travel Tt = LI60V = 12.88 min I [TOTAL TIME OF CONCENTRATION = 29.17 MIN J - L/180+10TIME = 17.36 MIN 1 USE TIME OF CONCENTRATION AS Tc y 17:314955= • l INTENSITY RATES i 5 = 298 lnlhr i10= 3.84 inlhr 1100= 5.73 Inihr LAX= 3 37 — 5. PEAK RUNOFF RATES-DEVELOPED Q=CiA — Q5 = 19.14 cis Q10 = 25.33 cis O100= 44.46 as i``... .,. PROJECT: LYONS 66 PACIFIC BASIN: 10/20/40 AT PACIFIC SUMP DEVELOPED re,/Z or.S,G , 1.RUNOFF COEFFICIENTS-DEVELOPED f r/`J-f 2- — Surface Arse Area FREQUENCY _ Type (scree) (%) 2 5 10 100 Total 12.64 100 - - - Hard Surf 6.95 55.00 0.87 0.87 0.88 0.89 — Grass 2.53 20.00 0.05 0.1 0.2 0.4 Gravel 0.00 0.00 _ 0.4 0.45 0.5 0.6 Roof 3.16 25.00 0.8 0.85 0.9 0.9 __ Other 0.00 0.00 0.87 0.88 0.9 0.93 'Totals J 1264) WEIGHTED 0.89 .:071: 1 0.75 0.79 — 2. HISTORIC RUNOFF COEFFICIENTS c100■ 1 0.4 3.TIME OF CONCENTRATION DEVELOPED BASIN INITIAL TRAVEL DISTANCE(<500) 500 INITIAL SLOPE (%) 2 — TRAVEL TIME DISTANCE 800 TRAVEL TIME SLOPE (%) as GROUND TYPE PAVED&GUTTER VELOCITY 1.5 Initial Ti= 1.8(1.1-05xLr.5 = 12.91 rein (S)^.3333 Travel Tt = L/60V = 8.89 min 1 TOTAL TIME OF CONCENTRATION = 21.80 MIN J - IL/180+10TIME = 17.22 MIN I USE TIME OF CONCENTRATION AS IC - 17.22 MIN INTENSITY RATES i 5 = 2.98 trilhr — i10= 3.66 In/hr _ i100= i 5.71 In/hr LnX= 308 - 5.PEAK RUNOFF RATES-DEVELOPED Q=CA Q5 = 26.78 cts Q10 = 34.66 cts O100= 57.34 cfs MEI PROJECT: LYONS 66 PACIFIC-J.' - ....,. BASIN: TOTAL AT PACIFIC SUMP DEVELOPED tic-- ()e r,c r 1.RUNOFF COEFFICIENTS-DEVELOPED 19J ►;J 7 — Surface Area Area FREQUENCY Type ( ) (%) 2 5 10 100 Total 16.41 100 - Hard Surf 9.03 55.00 0.87 0.87 0.88 0.89 Grass 3.28 20.00 0.05 0.1 0.2 0.4 Gravel 0.00 0.00 0.4 0.45 0.5 0.6 Roof 4.10 25.00 0.8 0.65 _ 0.9 0.9 Other 0.00 0.00 0.87 0.88 0.9 0.93 LTOmle f 16.411 WEIGHTED 0.69 0.71 0.75 1 0.79 I - 2.HISTORIC RUNOFF COEFFICIENTS I C100Ti'r.:::.t:. 0.4 3. TIME OF CONCENTRATION - DEVELOPED BASIN r INITIAL TRAVEL DISTANCE(<500') 500 INITIAL SLOPE (%) 2 - TRAVEL TIME DISTANCE _ 800 TRAVEL TIME SLOPE (%) 0.5 GROUND TYPE PAVED&GUTTER VELOCITY 1.5 Initial Ti= 1.8(1.1-05)(Ly`.5 = 12.91 min (8)A.13'11 Travel Tt = L/6OV = 8.89 min TOTAL TIME OF CONCENTRATION = 21.80 MIN I - U180+10 TIME = 17.22 MIN I LUSE TIME OF CONCENTRATION AS Tc • 17.22 MIN J INTENSITY RATES i 5 = 298 Mir — i10= 3.68 InIhr 1100= 5.71 In/hr LnX= 3.08 5. PEAK RUNOFF RATES-DEVELOPED Q=CiA 05 = 34.77 cfs Q10 = 44.99 es — a100= 74.45 cts Lcio -IT 6 6 9, 6 gin-- f C_ � arrv.44r" ) r rGtit (i.il -- iZ L.)4_ -r l `7� '°' /`� ea..-1 `-I /^AIM !P f 4n pr RJo N r_ • D (5O / -ep ( e F .r. cfP--r _ I (ZAT a /4..tc4_ Mat r4c (r1 r) Ge? (err_1,- : _ road L l _ .0.-4 QuF- rn •/141 DC iA 3 ) n , NO �'/a yfts FTO /r• c , _ - J )r>— (J 62 6'J (I- } / — a� � + SG -r Vow M� C /tuit_g4.` iZ I Z. 4-63 $c7 < _ r STRUCTURAL BEST MANAGEMENT PRACTICES DRAINAGE CRITERIA MANUAL (V. 3) _ cog Q C-1 v3'c/� A-r n-. c-r GJNJ - 0.50 � - - 0.45 - Extended Detention Basin 40.hour Drain Time 0.40 - - Constructed Wetland Basin 'w 0.35 24-hour Drain Time u 6-hr drain time a=0.7 � �•30 12-hr drain time a=0.8 7Ri1 r 24-hr drain time a=0.9 m0 25 -- 40-hr drain time a= 1.o _. ._.--_---- _ 0.20 3 0.15 - i - 0.10 ---- Retention Pond,Porous Pavement Detention and Porous 0.05 - Landscape Detention _ 12-hour Drain Time 1l 0.00 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1 Total Imperviousness Ratio(I , 0 FIGURE EDB-2 Water Quality Capture Volume (WQCV), 80th Percentile Runoff Event S-42 9-1-99 _ Urban Drainage and Flood( mirol District APPENDIX B 421 21',Suite 212,Longmont,Co,80501 (303)772-7052;FAX 651-7226 STREET CAPACITY CHECK- INITIAL STORM PACIFIC CIRCLE AND FRONTAGE ROAD 3-7-04 BASIC DATA All street sections are the same. 40' flowline to flowline 2' gutter pan 0.16' rise from flowline to edge of gutter — 2% asphalt cross-slope crown of street is at 0.52' when flowline is at 0.00' sidewalk width is 6' back of walk at 0.62' when flowline is at 0.00' BASIC REQUIREMENTS Pacific Circle is considered a local street. The Frontage Road is considered a Collector. Per the requirements of the UDFCD manual, Street Capacity for Initial Storm, for Local streets,the maximum permitted encroachment is that flow may spread to crown of street. For Collectors, flow spread must leave at least one lane free of water. Design Point 1 (North) — inlet 5 (triple 15' Type R) Basin 20 Total Q10= 15.33cfs Street slope=0.50% Nature of check-Drainage entering street from north side, check north"half capacity" assuming Y= crown elevation(0.52'). Also, check inlet"take down" and street "pass through". NATURAL CHANNELS VARIABLES LIST: Y - FLOW ELEVATION Q - FLOWRATE S - CHANNEL SLOPE VARIABLE TO BE SOLVED (Y,Q OR S) ? Q Enter up to 20 cross- - section points. Enter <Return> only for distance to end. Y (FT) ? .52 S (FT/FT) ? .005 CROSS-SECTION POINTS DIST ELEV COEFF 0 .62 .013 6 .5 .013 RESULTS 6.1 0 .013 8 .16 .013 Q= 12.28 CFS 26 .52 .013 A= 4.11 SF 21.42 FT V= 2.99 FPS 1.19 SUPER-CRITICAL FLOW Result- Checking the inlet tables, we find that the inlet will intercept 5.7c£s(actual capacity, after reduction) at maximum (0.50')depth of flow. This allows 9.63 cfs to pass _ down the north side of Pacific Circle. Design Point 1 (South) Basin 20 Total Q10= 15.33cfs Street slope=0.50% Nature of check-Drainage entering street from north side, check south depth of flow assuming Q=3.05 cfs. Total 15.33 cfs, less the 12.28 cfs that fills the north side of street to the crown. Check clear asphalt. NATURAL CHANNELS VARIABLES LIST: Y - FLOW ELEVATION Q - FLOWRATE S - CHANNEL SLOPE VARIABLE TO BE SOLVED (Y,Q OR S) ? Y Enter up to 20 cross- section points. Enter <Return> only for distance to end. Q (CFS) ? 3.05 _ S (FT/FT) ? .005 CROSS-SECTION POINTS DIST ELEV COEFF DIST ELEV 26 .52 .013 44 .16 .013 RESULTS 45.9 0 .013 46 .5 .013 Y= 0.34 FT 52 .62 .013 A= 1.35 SF P= 11.43 FT V= 2.25 FPS _ F= 1.14 SUPER-CRITICAL FLOW Result-Depth of flow on the south side of street(0.34') indicates gutter full (0.16')and first 9' of asphalt inundated(0.18'12%=9'). There will be 9' of clear asphalt at this point (20' from crown to flowline, less 2' gutter pan, less 9' asphalt) during the 10 year event. Design Point 2 Basin 10/20/40 less Inlet 5 Total Q10=28.95cfs Street slope=0.50% Nature of check—Drainage from basins 10, 20,40 enters from both sides of street and overtops crown to equalize depth of flow on both sides. Determine depth of flow at this point. NATURAL CHANNELS VARIABLES LIST: Y - FLOW ELEVATION Q - FLOWRATE S - CHANNEL SLOPE VARIABLE TO BE SOLVED (Y,Q OR S) ? Y Enter up to 20 cross- section points. Enter <Return> only for distance to end. Q (CFS) ? 28.95 S (FT/FT) ? .005 CROSS-SECTION POINTS - DIST ELEV COEFF DIST ELEV COEFF 0 .62 .013 6 .5 .013 RESULTS 6.1 0 .013 8 .16 .013 Y= 0.54 FT 26 .52 .013 9.13 SF 44 .16 .013 P= 44.95 FT 45.9 0 .013 V= 3.13 FPS 46 .5 .013 F= 1.21 SUPER-CRITICAL FLOW 52 .62 .013 Result -Depth of flow is 0.54', 0.02' above crown of roadway. There is no clear asphalt at this location. This is the worst case location on the site. As this is only 0.02' above the crown of the roadway, and since the street has two points of egress, this depth of flow is acceptable. Design Point 7 (North) Basin 60 Total Q10=42% of Basin 60=0.42x7.81cfs=3.28cfs Street slope =0.50% Nature of check—Drainage entering street from north side, check north side depth of flow. NATURAL CHANNELS VARIABLES LIST: Y - FLOW ELEVATION Q - FLOWRATE S - CHANNEL SLOPE VARIABLE TO BE SOLVED (Y,Q OR S) ? Y Enter up to 20 cross- section points. Enter <Return> only for _ distance to end. Q (CFS) ? 3.28 S (FT/FT) ? .005 CROSS-SECTION POINTS DIST ELEV COEFF DIST ELEV 0 .62 .013 6 .5 .013 RESULTS 6.1 0 .013 8 .16 .013 Y= 0.35 FT 26 .52 .013 A= 1.44 SF P= 11.80 FT V= 2.28 FPS F= 1.14 SUPER-CRITICAL FLOW Result-Depth of flow on the north side of street(0.35') indicates gutter full(0.16')and first 9.5' of asphalt inundated(0.19'/2%=9.5'). There will be 8.5' of clear asphalt at this point(20' from crown to flowline, less 2' gutter pan, less 9.5' asphalt)during the 10 year event. Combine this amount with clear feet of asphalt on south side of street to determine total clear feet of asphalt. Design Point 7 (South) — inlet 4 Basin 30 Total Q10=8.60cfs Street slope=0.50% Nature of check—Drainage entering street from south(east, off-site) side, check south side depth of flow. NATURAL CHANNELS VARIABLES LIST: Y - FLOW ELEVATION Q - FLOWRATE S - CHANNEL SLOPE VARIABLE TO BE SOLVED (Y,Q OR S) ? Y Enter up to 20 cross- section points. Enter <Return> only for distance to end. Q (CFS) ? 8.6 S (FT/FT) ? .005 CROSS-SECTION POINTS KIST ELEV COEFF P1ST ELEV 0 .62 .013 F S Ala RESULTS 6.1 0 .013 TG n11 '- Y= 0.47 FT 26 .52 .013 A= 3.10 SF P= 17.71 FT V= 2.77 FPS F= 1.15 SUPER-CRITICAL FLOW Result-Depth of flow on the south side of street(0.47') indicates gutter full (0.16')and first 15.5' of asphalt inundated(0.31'/2%=15.5'). There will be 2.5' of clear asphalt at this point(20' from crown to flowline, less 2' gutter pan, less 15.5' asphalt)during the 10 year event. Combining the 8.5' of clear asphalt on the north side of the street with the 2.5' of clear asphalt on the south side of the street we find 11' of clear asphalt, or one clear travel lane. This is the worst case location on the Frontage Road. Checking the inlet tables, we find that the inlet will intercept 4.95cfs (actual capacity, after reduction) at 0.47' depth of flow. This allows 3.65 cfs to pass down the north side of Pacific Circle. DZsa Point 4=inlets 2,3 (total of 4 triple 15' Type Rs) Basin 10/20/40/60/70 less Inlet 5 Total Q10=39.29cfs(Q25 10x1.33=52.39 cfs) Street slope= sump _ Nature of check—Drainage from basins 10, 20, 40, 60, 70 sumps at this point. Check inlet"take down". Checking the inlet tables, we find that the inlets will each intercept 15.39cfs(actual capacity, after reduction) at 0.50' depth of flow. For the 4 inlets, this yields a total capacity of 61.56 cfs. This capacity is well above the required 52.39 cfs that the sump can expect to intercept. Notice that 52.39cfs is the estimated Q25 (assumed to be Q10x1.33) that must be passed under collector streets at crossings of this nature. Design Point 5 — inlet 1 Basin 30/80 less Inlet 4 Total Q10 =6.85cfs Street slope= sump Nature of check—Drainage from basins 30 and 80 sumps at this point. Check inlet"take down". — Result-Checking the inlet tables,we find that the inlet will intercept 15.39cfs (actual capacity,after reduction)at 0.50' sump depth. This capacity is well above the required 6.85 cfs that the sump can expect to intercept. BOULDER COUNTY - STORM DRAINAGE CRITERIA MANUAL FIGURE 005 - ALLOWABLE INLET CAPACITY TYPE - R CURB OPENING ON A CONTINUOUS GRADE 4.0 ISt�,. _5? . -_._ r��m{_ Eirais S-- . .- �alaan...... :�:m n1_ pia3.0 .8,g„, e:__..r- _........ o — ta= —====▪==a=-••• rte^?_=^ =ii..-.. ..:.ems r--. �� V 7.0 t?ItiW EIli '=e =.1„.=7..,===.............a...._=-,....=_-_____ �' ::4.;1,.+.. a;a,�'... "e_ ..— r e.�.� m' 6.0 -_!••••r1.:ru f':.......-_-�'.s moo.t lir ....-uie..Y.eunn.�..M.. am a5.0 _ =__^_- _-_-_ =_-_ -= Q ice_, ,_- ===_ =-=-=--==_._- �__`_ __ =a.- 4 4.0 %� Ya.".,n....,,,.no.........::::::... 7.i�. .............j:] :�s—'r'::n_llfl—.—W'a"�.Y7o:.7r:�..: F. i—..�.2='G_—__n '!_"'_ rY.sn.nnr!llsg swims.. "t'� mamnn....urim .......n�n��ammo.�..".n0 .mnl A Y� nnm.unnYl.nnulu.nmm.Yn. nn.. n 5fl 1 .nu nunnula.LW= .J a .W.n Mnnn.r...un.On. rn..11m.n.uo. n.n.nnilr Z 12.0 p II nnm w.On..W1t.lYluilm......Y nul•l.•wn� N 1� Ilriiiri�ii mnmmmpnli ..uln IUI n11111111 11'mmii011.. IIIIIl11Y111iG111��' „p11 1 11111111110111 pl Ywnmll.ulmo.mn. nmlirdiIrn — W 10.0 tl ��IIm11W111111 111 O1I11O11W��tOltttuIuu,- 11110m1®n1nmU11A1®nr� _ - 9.0 =▪ ==--=====•-•-:=:=-.=----- __=__ • == Q 8.0 gla—` s a�' _ _ a�3r=��aa_ O Lama'▪ Y >m ▪uW .U-..�mr...rrar BAs nu.na....si.—A.1.�nnaun s.�.a... --- M .-...n.-..n Y.•.Ij* ..YY.nl.nn.m1YW,Y. 'nil .n.�Y...n .11m n.-a n r.. ula. q--Y.Yn .Y Yn Yom.. .a := - Or_-_-e.Y rte-_- : == =_E= 4.0 �'i3� s kam-==asi a .5Yrri..':'.,mijueu�l,mati��J____ Y��..__ BEER 0.4 0.6 0.8 1.0 2.0 3.0 4.0 5.0 7.0 - . STREET SLOPE (%) se NL f NOTES: n 1. Maximum inlet capacity at maximum P7`�— �1 a allowable flow depth. Proportionally C u Pt= D e� reduce for other depths. — F 2. Allowable capacity = Q04,4,0‘,. r. 6 ' d c fi r 88% (L=5' ) r /� 92% (L=10' ) — QAG7-,A......: IS r7 c .v. r 95 a (L=15' ) WRC ENG. ( RE t tNGt. WRC ENGINEERING, INC. TM-2 FEB 1984 -823- BOULDER COUNTY _ - STORM DRAINAGE CRITERIA MANUAL FIGURE 805 - ALLOWABLE INLET CAPACITY TYPE - R CURB OPENING ON A CONTINUOUS GRADE r ��•' Ate.. .fin.. ..Otb. • !$ . ._...-24. ...� ...�. ;:S^... n-IrMIE N'.Nana m t. _ _ fi? EW- w=---:: _ I✓<. .^ -- e'er..._. = V 7.0 r( Td'rta._�.... _ _- _ = � : ' 9.;:ate:--'.a-.. n.:..w. „-.y Q4.0 r:•,_._.c..-.. ......-----__.._...—..-......-....... :rs:i .....▪ — EM V - . ... . n..Yrywn.MN.. -�-'p:::YUY uu A.•: :..:a1 P== II— W uin .'uu�n.u.� .'�i..,mnm•munnnm.o.uw.n•r.v®no®iiw r�oi.'p��nd_�_��n J mulls lllll�l...UIll............... ..lunamom.••:w ....-..X11 11 HIS iMn�E 2 12.0 n•nunnm1...11Ilu0I urn ,n n.uWI• lln•nU ' 11111 pain lllnl®ninn I' iiiur nllm i N'ImunmmmnfnluN= =n11IIM'E'm N Ii 11IIIIIIIIIllln7 gpuumm.mnnu.ounollnllm J10.0 OIIIIIIIw11mI111tl111m OO Itwlwlwn_uu��umu.�uaom®tO0m1111nhr� m 9.0 :e.==_=ate Y« -__.._�__ — 4 8.0 �=: i --__y =M.5-2= -� Yu,�t •in..... r.earn- -..1.sta—a.:::YYn�W.n.." a1A.a n.�1.�.iNi..S= O 8.0 ..rain i inn"'v.unr.nnrannr. ianw..�u•.ofx. mw� 1 J o_-uumuu_m_!!U_ _nv..uouui��LT....eu.0 •...�s—t Q 5.0 13.E = ,:a...._ _; =_ — -_-___ -_� —� ▪� fflE4.0 ,, ...=====..........r.........:==...r. ...„.._..= = • '',m';. : m'. 9 y'' - e i := • "rim::in.......ragu::.. _ - ....... .. — ... : E°Sir •nn —_gra Y__ SENEES 0.4 0.8 0.8 1.0 2.0 3.0 4.0 5.0 7.0 ,,,,N L.C t 4- STREET SLOPE (%) P r P r,a% O ,4l ' NOTES: • 1. Maximum inlet capacity at maximum I. c..--a(R fJ '.J / . allowable flow depth. Proportionally //�'� S ( G� reduce for other depths. _/�`...Ni — l CC 2. Allowable capacity - /) p 8% (L-5' ) Q4cY -,4 '.S Cc'-r 2% (L=10' ) 95% (L=15' ) — --------------- WRC ENG. REFERENCE: WRC ENGINEERING, INC. TM-2 FEB 1984 -823- BOULDER COUNTY STORM DRAINAGE CRITERIA MANUAL FIGURE 808 ALLOWABLE INLET CAPACITY SUMP CONDITIONS - ALL INLETS x o tal e _ = v 12 oZ m } 8 til I ` LL o- a 4 TYPE C INLET X x < U 11111 I t o 0 0.2 0.4 0.8 0.8 1.0 DEPTH OF FLOW (FT) 20 / _ m -- -- TYPE 13 COMBINATION / CURB INLET TYPE R / • _ _ / 4 a >- 16 w i- NLc -rr 2 eK ( 4c F-f- / ��• 3 _ < DEo7� , s .g LL 0 / v / Q w SC..46yr` � � MP / W 12_ se /•��et,✓U (6 2ccr .,j �C _ Qactw I r-rca' l / W 3 _ Jave a J ,. O� �0 G4-e/ -9 •O/ �' •SAN/ a %/ %� / 2 • 1 4 es% c1.irc — / V t.--61 3 0 0 0.1 0.2 0.3 0.4 0.5 DEPTH OF FLOW (FT) WRC ENG. REFERENCE: WRC ENGINEERING, INC., TM-2 FEB 1984 -824- BOULDER COUNTY STORM DRAINAGE CRITERIA MANUAL FIGURE 808 ALLOWABLE INLET CAPACITY SUMP CONDITIONS - ALL INLETS o _ wF. Zp12 ILI OZ - IJo J 8 < LL <3 I- _ TYPE C INLET 12 o -ia 4xs J <<1 izz......,,z,,,,,,„/-*--a----- mI ~ _ < Xw O 0 0.2 0.4 0.8 0.8 1.0 DEPTH OF FLOW (FT) 20 / i, -- -- TYPE 13 COMBINATION u. o CURB INLET TYPE R / _ a } 18 w Q`4 e < pfP7� = ° tf / b � o rL,Pr, C "P / ��^ J cc I- 12 a A-u . l 6. Z c�—J` �/ „ w - J I- .w.i / . w 03 O 8 4 / ,oOJ�‘r J < /1 4 •O/ •4,* .9‘. N// < / V f .- m / / S. I 4 / / •g\p < _ / \,z s S / /divc0 0 0.1 0.2 0.3 0.4 0.5 DEPTH OF FLOW (FT) WRC ENG. REFERENCE: WRC ENGINEERING, INC., TM-2 FEB 1984 -824- APPENDIX C 421 21",Suite 212,Longmont,Co,80501 (303)772-7052;FAX 651-7226 1 - CURRENT DATE: 01-27-2004 FILE DATE: 01-27-2004 , Z 4.*, )a 7, CURRENT TIME: 12:18:19 FILE NAME: DAVCDOT I p Pe Fri-fAI-JS FHWA CULVERT ANALYSIS 1" rr ' C HY-8, VERSION 4.1 SITE DATA CULVERT SHAPE, MATERIAL, INLET of 1 U i I L INLET OUTLET CULVERT I BARRELS i f /h A--r ✓ ELEV. ELEV. LENGTH SHAPE SPAN RISE MANNING INLET 5 (FT) (FT) (FT) MATERIAL (FT) (FT) n TYPE /On K e4C4D c- 'rt /2. 1 71.34 70.74 30.01 1 RCP 2.00 2.00 .012 CONVENTIONAL 2 5 " cC- r 6 2 CURRENT DATE: 01-27-2004 FILE DATE: 01-27-2004 CURRENT TIME: 12:18:19 FILE NAME: DAVCDOT PERFORMANCE CURVE FOR CULVERT # 1 - 1 ( 2 BY 2 ) RCP DIS- HEAD- INLET OUTLET CHARGE WATER CONTROL CONTROL FLOW NORMAL CRITICAL OUTLET TAILWA!TER FLOW ELEV. DEPTH DEPTH TYPE DEPTH DEPTH VEL. DEPTH VEL. DEPTH (cfs) (ft) (ft) (ft) <F4> (ft) (ft) (fps) (ft) (fps) (ft) 0 71.34 0.00 0.00 0-NF 0.00 0.00 0.00 0.00 0.00 0.00 4 72.33 0.99 0.99 1-S2n 0.47 0.72 6.96 0.50 2.88 0.58 9 72.87 1.53 1.53 1-S2n 0.67 1.04 8.14 0.74 3.52 0.86 13 73.34 2.00 2.00 1-S2n 0.84 1.29 8.80 0.95 3.93 1.07 17 73.86 2.52 2.52 5-52n 0.99 1.49 9.42 1.13 4.24 1.25 22 74.51 3.17 3.17 5-S2n 1.14 1.65 9.97 1.30 4.50 1.40 _ 26 75.32 3.98 3.98 5-S2n 1.29 1.78 10.58 1.45 4.72 1.54 30 76.30 4.96 4.96 5-52n 1.44 1.90 11.26 1.59 4.91 1.67 34 77.43 6.09 6.09 5-S2n 1.63 2.00 11.85 1.75 5.08 1.79 39 78.69 7.35 5.68 6-FFn 2.00 2.00 12.32 2.00 5.23 1.90 43 80.10 8.76 6.68 4-FFt 2.00 2.00 13.69 2.00 5.37 2.00 El. inlet face invert 71.34 ft El. outlet invert 70.74 ft El. inlet throat invert 0.00 ft El. inlet crest 0.00 ft ***** SITE DATA ***** CULVERT INVERT ************** INLET STATION (FT) 0.00 INLET ELEVATION (FT) 71.34 OUTLET STATION (FT) 30.00 OUTLET ELEVATION (PT) 70.74 - NUMBER OF BARRELS 1 SLOPE (V-FT/H-FT) 0.0200 CULVERT LENGTH ALONG SLOPE (FT) 30.01 ***** CULVERT DATA SUMMARY ************************ BAURFL SHAPE CIRCULAR RAOPFL DIAMETER 2.00 FT BARREL MATERIAL CONCRETE BARREL MANNING'S N 0.012 INLET TYPE CONVENTIONAL INLET EDGE AND WALL SQUARE EDGE WITH HEADWALL INLET DEPRESSION NONE 3 CURRENT DATE: 01-27-2004 FILE DATE: 01-27-2004 CURRENT TIME: 12:18:19 FILE NAME: DAVCDOT TAILWATER ******* REGULAR CHANNEL CROSS SECTION BOTTOM WIDTH (FT) 2.00 _ SIDE SLOPE H/V (X:1) 1.0 CHANNEL SLOPE V/H (FT/FT) 0.004 MANNING'S N (.01-0.1) 0.018 CHANNEL INVERT ELEVATION (FT) 70.74 CULVERT NO.1 OUTLET INVERT ELEVATION 70.74 FT ******* UNIFORM FLOV RATING CURVE FOR DOWNSTREAM CHANNEL FLOW W.S.E. FROUDE DEPTH VEL. SHEAR (CFS) (FT) NUMBER (FT) (FPS) (PSF) 0.00 70.74 0.000 0.00 0.00 0.00 4.30 71.32 0.668 0.58 2.88 0.14 8.60 71.60 0.670 0.86 3.52 0.21 12.90 71.81 0.670 1.07 3.93 0.27 17.20 71.99 0.670 1.25 4.24 0.31 21.50 72.14 0.669 1.40 4.50 0.35 25.80 72.28 0.669 1.54 4.72 0.39 30.10 72.41 0.669 1.67 4.91 0.42 34.40 72.53 0.669 1.79 5.08 0.45 38.70 72.64 0.670 1.90 5.23 0.47 43.00 72.74 0.670 2.00 5.37 0.50 LYONS 66 PACIFIC COMMERCE PARK HYDRAULIC ANALYSIS OF CDOT PIPE SYSTEM — 1-27-04 PIPE 31 IS EXISTING 24" PIPE ENTERING SITE FORM CDOT INLET BETWEEN SITE AND FRONTAGE ROAD. 43.00 CFS IS CALCULATED MAXIMUM POSSIBLE PIPE CAPACITY. (SEE HY8 OUTPUT DATA, FILE DAVCDOT) User Name: Chuck Date: 01-27-04 — Project: davis Time: 17:24:25 Network: 01 - cdot outlet Page: 1 PIPE DATA — Tot Pipe Pipe Pipe Pipe Dn Up Pipe Flow Len Type Dim n Inv Inv (cfs) (ft) (in) El El 43.00 302.53 Circular 36.00 0.013 4967.70 4968.61 Pipe 10 43.00 244.94 Circular 36.00 0.013 4968.81 4969.54 Pipe 20 43.00 284.80 Circular 36.00 0.013 4969.64 4970.50 Pipe 30 43.00 27.38 Circular 24.00 0.013 4970.70 4971.24 Pipe 31 — C. 0 3 ' PI FIE User Name: Chuck Date: 01-27-04 — Project: davis Time: 17:24:34 Network: 01 - cdot outlet Page: 1 HYDRAULIC DATA 1 HGL --- HGL �- EGL EGL EGL HGL =s�=sa=6=Up S Dn Up S Dn (%) (%) 4971.74 0.62 4970.83 4972.31 0.49 4969.84 — 4972.90 0.41 4972.46 4973.48 0.41 4971.88 4974.52 0.41 4973.91 4975.09 0.41 4973.33 4977.11 7.56 4977.57 4980.02 7.56 4974.66 User Name: Chuck Date: 01-27-04 Project: davis Time: 17:24:40 Network: 01 - cdot outlet Page: 1 HYDRAULIC DATA 2 Dn===:=`====Up ======s===Dn=====aaa.=Up====—____==]==s====Cal.=::a=Crit====== Dep Dep V V (TLC) Xj D (in) (in) (ft/s) (ft/s) (in) 25.64 36.00 7.98 6.08 0.25 0.144 25.64 — 36.00 36.00 6.08 6.08 0.75 0.432 25.64 36.00 36.00 6.08 6.08 0.25 0.144 25.64 24.00 24.00 13.69 13.69 0.50 1.456 23.57 1 CURRENT DATE: 01-03-2004 FILE DATE: 01-01-2004 CURRENT TIME: 18:05:17 FILE NAME: DAVIS]. FHNA CULVERT ANALYSIS HY-B, VERSION 4.1 SITE DATA I CULVERT SHAPE, MATERIAL, INLET L INLET OUTLET CULVERT BARRELS ✓ ELEV. ELEV. LENGTH SHAPE SPAN RISE MANNING INLET (FT) (FT) (FT) MATERIAL (FT) (FT) n TYPE 1 66.70 66.58 24.00 1 RCPE 4.42 2.83 .012 CONVENTIONAL 2 3 4 5 6 I I 2 CURRENT DATE: 01-03-2004 FILE DATE: 01-01-2004 CURRENT TIME: 18:05:17 FILE NAME: DAVIS1 PERFORMANCE CURVE FOR CULVERT 4 1 - 1 ( 4.416667 BY 2.833333 ) RCPE DIS- HEAD- INLET OUTLET CHARGE MATER CONTROL CONTROL FLOW NORMAL CRITICAL OUTLET TAILWATER FLOW ELEV. DEPTH DEPTH TYPE DEPTH DEPTH VEL. DEPTH VEL. DEPTH (cfs) (ft) (ft) (ft) <F4> (ft) (ft) (fps) (ft) (fps) (ft) 0 66.70 0.00 0.00 0-NF 0.00 0.00 0.00 0.00 0.00 0.00 6 67.66 0.80 0.96 3-Mat 0.53 0.60 1.94 0.98 1.60 0.98 12 67.86 1.16 1.16 1-S2n 0.74 0.87 5.60 0.74 1.90 1.27 18 68.15 1.45 1.45 1-S2n 0.92 1.07 6.32 0.92 2.10 1.48 25 68.42 1.72 1.72 1-52n 1.07 1.25 6.50 1.12 2.26 1.65 31 68.68 1.98 1.98 1-S2n 1.21 1.41 6.91 1.28 2.39 1.79 _ 37 68.91 2.21 2.21 1-S2n 1.34 1.56 7.28 1.42 2.50 1.92 43 69.14 2.44 2.44 1-S2n 1.47 1.70 7.60 1.55 2.60 2.03 46 69.25 2.55 2.55 1-S2n 1.53 1.76 7.77 1.61 2.65 2.09 55 69.59 2.89 2.89 5-S2n 1.71 1.94 8.22 1.80 2.77 2.23 62 69.82 3.12 3.12 5-S2n 1.83 2.05 8.51 1.91 2.85 2.32 El. inlet face invert 66.70 ft El. outlet invert 66.58 ft El. inlet throat invert 0.00 ft El. inlet crest 0.00 ft ***** SITE DATA ***** CULVERT INVERT ************** INLET STATION (FT) 0.00 INLET ELEVATION (FT) 66.70 OUTLET STATION (FT) 24.00 OUTLET ELEVATION (FT) 66.58 NUMBER OF BARRELS 1 SLOPE (V-FT/H-FT) 0.0050 CULVERT LENGTH ALONG SLOPE (FT) 24.00 ***** CULVERT DATA SUMMARY ************************ BARREL SHAPE ELLIPTICAL BARREL SPAN 4.42 FT BARREL RISE 2.83 FT BARREL MATERIAL CONCRETE BARREL MANNING'S N 0.012 INLET TYPE CONVENTIONAL INLET EDGE AND WALL GROOVED END WITH HEADWALL INLET DEPRESSION NONE we CURRENT DATE: 01-03-2004 FILE DATE: 01-01-2004 CURRENT TIME: 18:05:17 FILE NAME: DAVIS' TAILWATER REGULAR CHANNEL CROSS SECTION **************** SIDE SLOPE H/V (X:1) 4.0 CHANNEL SLOPE V/H (FT/FT) 0.005 MANNING'S N (.01-0.1) 0.040 CHANNEL INVERT ELEVATION (FT) 66.58 CULVERT NO.1 OUTLET INVERT ELEVATION 66.58 FT ******* UNIFORM FLOW RATING CURVE FOR DOWNSTREAM CHANNEL FLOW W.S.E. FROUDE DEPTH VEL. SHEAR (CFS) (FT) NUMBER (FT) (FPS) (PSF) 0.00 66.58 0.000 0.00 0.00 0.00 6.15 67.56 0.285 0.98 1.60 0.31 12.30 67.85 0.297 1.27 1.90 0.40 18.46 68.06 0.305 1.48 2.10 0.46 24.61 68.23 0.311 1.65 2.26 0.51 30.76 68.37 0.315 1.79 2.39 0.56 36.91 68.50 0.319 1.92 2.50 0.60 43.06 68.61 0.322 2.03 2.60 0.63 46.14 68.67 0.323 2.09 2.65 0.65 55.37 68.81 0.327 2.23 2.77 0.70 61.52 68.90 0.329 2.32 2.85 0.73 1 CURRENT DATE: 01-03-2004 FILE DATE: 01-01-2004 CURRENT TIME: 18:06:30 FILE NAME: DAVIS2-3 FHWA CULVERT ANALYSIS HY-8, VERSION 4.1 C SITE DATA CULVERT SHAPE, MATERIAL, INLET U L INLET OUTLET CULVERT I BARRELS V ELEV. ELEV. LENGTH SHAPE SPAN RISE MANNING INLET (FT) (FT) (FT) MATERIAL (FT) (FT) n TYPE 1 67.68 66.90 156.00 1 RCPE 3.17 2.00 .012 CONVENTIONAL 2 3 4 5 2 CURRENT DATE: 01-03-2004 FILE DATE: 01-01-2004 CURRENT TIME: 18:06:30 FILE NAME: DAVIS2-3 PERFORMANCE CURVE FOR CULVERT 4 1 - 1 ( 3.166667 BY 2 ) RCPE DIS- HEAD- INLET OUTLET CHARGE WATER CONTROL CONTROL FLOW NORMAL. CRITICAL OUTLET TAILNATER FLOW ELEV. DEPTH DEPTH TYPE DEPTH DEPTH VEL. DEPTH VEL. DEPTH (cfs) (ft) (ft) (ft) <F4> (ft) (ft) (fps) (ft) (fps) (ft) 0 69.82 0.00 2.14 0-NF 0.00 0.00 0.00 0.00 0.00 2.92 �. 3 69.83 0.57 2.15 4-FFt 0.39 0.42 0.51 2.00 0.00 2.92 5 69.86 0.82 2.18 4-£Ft 0.54 0.61 1.02 2.00 0.00 2.92 8 69.91 1.03 2.23 4-FFt 0.67 0.76 1.53 2.00 0.00 2.92 10 69.98 1.22 2.30 4-FFt 0.78 0.88 2.04 2.00 0.00 2.92 13 70.07 1.40 2.39 4-FFt 0.88 1.00 2.55 2.00 0.00 2.92 16 70.18 1.56 2.50 4-FFt 0.98 1.10 3.06 2.00 0.00 2.92 18 70.31 1.72 2.63 4-FFt 1.07 1.20 3.58 2.00 0.00 2.92 Qera_ 20 70.38 1.80 2.70 4-FFt 1.12 1.24 3.84 2.00 0.00 2.92 1 L 24 70.62 2.04 2.94 4-FFt 1.25 1.37 4.60 2.00 0.00 2.92 _ c 26 70.81 2.20 3.13 4-FFt 1.35 1.45 5.11 2.00 0.00 2.92 r El. inlet face invert 67.68 ft El. outlet invert 66.90 ft El. inlet throat invert 0.00 ft El. inlet crest 0.00 ft ***** SITE DATA ***** CULVERT INVERT ************** INLET STATION (FT) 0.00 INLET ELEVATION (FT) 67.68 OUTLET STATION (FT) 156.00 OUTLET ELEVATION (FT) 66.90 NUMBER OF BARRELS 1 SLOPE (V-FT/H-£T) 0.0050 CULVERT LENGTH ALONG SLOPE (FT) 156.00 CULVERT DATA SUMMARY ************************ BARREL SHAPE ELLIPTICAL BARREL SPAN 3.17 FT BARREL RISE 2.00 FT BARREL MATERIAL CONCRETE BARREL MANNING'S N 0.012 INLET TYPE CONVENTIONAL INLET EDGE AND WALL GROOVED END WITH HEADWALL INLET DEPRESSION NONE 3 CURRENT DATE: 01-03-2004 FILE DATE: 01-01-2004 CURRENT TIME: 18:06:30 FILE NAME: DAVIS2-3 TAILNATER CONSTANT ➢LATER SURFACE ELEVATION 69.82 1 CURRENT DATE: 01-03-2004 FILE DATE: 01-01-2004 CURRENT TIME: 17:55:14 FILE NAME: DAVIS4 £HWA CULVERT ANALYSIS HY-8, VERSION 4.1 - C SITE DATA CULVERT SHAPE, MATERIAL, INLET U I I L INLET OUTLET CULVERT I BARRELS ✓ ELEV. ELEV. LENGTH SHAPE SPAN RISE MANNING INLET (FT) (FT) (FT) MATERIAL (FT) (FT) n TYPE 1 67.88 67.70 36.00 1 RCP 3.00 3.00 .012 CONVENTIONAL 2 3 4 5 2 CURRENT DATE: 01-03-2004 FILE DATE: 01-01-2004 CURRENT TIME: 17:55:14 FILE NAME: DAVIS4 PERFORMANCE CURVE FOR CULVERT 4 1 - 1 ( 3 BY 3 ) RCP DIS- HEAD- INLET OUTLET CHARGE MATER CONTROL CONTROL FLOW NORMAL CRITICAL OUTLET TAILWATER FLOW ELEV. DEPTH DEPTH TYPE DEPTH DEPTH VEL. DEPTH VEL. DEPTH (cfs) (ft) (ft) (ft) <F4> (ft) (ft) (fps) (ft) (fps) (ft) 0 67.88 0.00 0.00 0-NF 0.00 0.00 0.00 0.00 0.00 0.00 4 68.63 0.75 0.75 1-52n 0.52 0.59 4.27 0.52 1.40 0.80 7 68.98 1.10 1.10 1-S2n 0.74 0.83 5.04 0.76 1.66 1.04 11 69.29 1.41 1.41 1-52n 0.93 1.03 5.77 0.93 1.84 1.21 14 69.55 1.67 1.67 1-82n 1.08 1.20 6.25 1.08 1.98 1.35 18 69.78 1.90 1.90 1-S2n 1.22 1.35 6.61 1.22 2.09 1.46 21 69.99 2.11 2.11 1-S2n 1.35 1.49 6.94 1.35 2.19 1.57 25 70.18 2.30 2.30 1-S2n 1.48 1.61 7.21 1.48 2.27 1.66 29 70.37 2.49 2.49 1-S2n 1.60 1.73 7.45 1.60 2.35 1.74 30 70.41 2.53 2.53 1-S2n 1.63 1.76 7.50 1.63 2.37 1.76 36 70.72 2.84 2.84 1-S2n 1.85 1.94 7.82 1.85 2.49 1.90 El. inlet face invert 67.88 ft El. outlet invert 67.70 ft El. inlet throat invert 0.00 ft El. inlet crest 0.00 ft ***** SITE DATA ***** CULVERT INVERT ************** INLET STATION (FT) 0.00 INLET ELEVATION (FT) 67.88 OUTLET STATION (FT) 36.00 OUTLET ELEVATION (FT) 67.70 NUMBER OF RA➢Y£LS 1 SLOPE (V-FT/H-FT) 0.0050 CULVERT LENGTH ALONG SLOPE (FT) 36.00 ***** CULVERT DATA SUMMARY ************************ BARREL SHAPE CIRCULAR R.22PL DIAMETER 3.00 FT BARREL MATERIAL CONCRETE BARREL MANNING'S N 0.012 INLET TYPE CONVENTIONAL INLET EDGE AND MALL GROOVED END IN HEADWALL INLET DEPRESSION NONE 3 CURRENT DATE: 01-03-2004 FILE DATE: 01-01-2004 CURRENT TIME: 17:55:14 FILE NAME: DAVIS4 TAILWATER ******* REGULAR CHANNEL CROSS SECTION SIDE SLOPE H/V (X:1) 4.0 CHANNEL SLOPE V/H (FT/FT) 0.005 MANNING'S N (.01-0.1) 0.040 CHANNEL INVERT ELEVATION (FT) 67.70 CULVERT NO.1 OUTLET INVERT ELEVATION 67.70 FT ******* UNIFORM FLOW RATING CURVE FOR DOWNSTREAM CHANNEL FLOW W.S.E. FROUDE DEPTH VEL. SHEAR (CFS) (FT) NUMBER (FT) (FPS) (PSF) 0.00 67.70 0.000 0.00 0.00 0.00 3.58 68.50 0.275 0.80 1.40 0.25 7.16 68.74 0.287 1.04 1.66 0.32 10.73 68.91 0.295 1.21 1.84 0.38 14.31 69.05 0.300 1.35 1.98 0.42 17.89 69.16 0.304 1.46 2.09 0.46 21.47 69.27 0.308 1.57 2.19 0.49 25.05 69.36 0.311 1.66 2.27 0.52 28.62 69.44 0.314 1.74 2.35 0.54 29.50 69.46 0.314 1.76 2.37 0.55 35.78 69.60 0.318 1.90 2.49 0.59 1 CURRENT DATE: 01-03-2004 FILE DATE: 01-02-2004 CURRENT TIME: 18:02:05 FILE NAME: DAVIS5 FHNA CULVERT ANALYSIS HY-8, VERSION 4.1 C SITE DATA J CULVERT SHAPE, MATERIAL, INLET U L INLET OUTLET CULVERT I BARRELS V ELEV. ELEV. LENGTH SHAPE SPAN RISE MANNING INLET (FT) (FT) (FT) MATERIAL (FT) (FT) n TYPE 1 68.32 67.98 77.00 1 RCP 3.00 3.00 .012 CONVENTIONAL 2 3 4 5 6 2 CURRENT DATE: 01-03-2004 FILE DATE: 01-02-2004 CURRENT TIME: 18:02:05 FILE NAME: DAVIS5 PERFORMANCE CURVE FOR CULVERT # 1 - 1 ( 3 BY 3 ) RCP DIS- HEAD- INLET OUTLET CHARGE WATER CONTROL CONTROL FLOW NORMAL CRITICAL OUTLET TAILWATER FLOW ELEV. DEPTH DEPTH TYPE DEPTH DEPTH VEL. DEPTH VEL. DEPTH (cfs) (ft) (ft) (ft) <F4> (ft) (ft) (fps) (ft) (fps) (ft) 0 70.72 0.00 2.40 0-NF 0.00 0.00 0.00 0.00 0.00 2.74 3 70.74 0.69 2.42 3-Mat 0.49 0.53 0.45 2.74 0.00 2.74 6 70.76 1.01 2.44 3-Mit 0.71 0.77 0.91 2.74 0.00 2.74 9 70.79 1.29 2.47 3-Mlt 0.89 0.95 1.36 2.74 0.00 2.74 12 70.83 1.53 2.51 3-Mat 1.03 1.11 1.82 2.74 0.00 2.74 15 70.88 1.75 2.56 3-Mlt 1.16 1.25 2.27 2.74 0.00 2.74 18 70.93 1.95 2.61 3-Mlt 1.29 1.37 2.73 2.74 0.00 2.74 22 71.07 2.13 2.75 3-Mlt 1.41 1.49 3.18 2.74 0.00 2.74 25 71.14 2.29 2.82 3-Mlt 1.52 1.59 3.62 2.74 0.00 2.74 28 70.78 2.46 2.46 1-S2n 1.63 1.70 7.05 1.63 0.00 2.74 31 70.93 2.61 2.61 1-S2n 1.75 1.80 7.23 1.75 0.00 2.74 El. inlet face invert 68.32 ft El. outlet invert 67.98 ft El. inlet throat invert 0.00 ft El. inlet crest 0.00 ft ***** SITE DATA ***** CULVERT INVERT ************** INLET STATION (FT) 0.00 INLET ELEVATION (FT) 68.32 OUTLET STATION (FT) 77.00 OUTLET ELEVATION (FT) 67.98 NUMBER OF BARRELS 1 SLOPE (V-FT/H-FT) 0.0044 CULVERT LENGTH ALONG SLOPE (FT) 77.00 ***** CULVERT DATA SUMMARY ************************ BARREL SHAPE CIRCULAR BARREL DIAMETER 3.00 FT BARREL MATERIAL CONCRETE BARREL MANNING'S N 0.012 INLET TYPE CONVENTIONAL INLET EDGE AND WALL GROOVED END PROJECTION INLET DEPRESSION NONE 3 CURRENT DATE: 01-03-2004 FILE DATE: 01-02-2004 CURRENT TIME: 18:02:05 FILE NAME: DAVIS5 TAIL1 .TER CONSTANT MATER SURFACE ELEVATION 70.72 1 CURRENT DATE: 01-02-2004 FILE DATE: 01-02-2004 CURRENT TIME: 10:07:33 FILE NAME: DAVIS6 FEWA CULVERT ANALYSIS _ HY-8, VERSION 4.1 C SITE DATA CULVERT SHAPE, MATERIAL, INLET u l R I L INLET OUTLET CULVERT BARRELS ✓ ELEV. ELEV. LENGTH SHAPE SPAN RISE MANNING INLET (FT) (FT) (FT) MATERIAL (FT) (FT) n TYPE 1 70.65 70.28 74.00 1 RCP 1.50 1.50 .012 CONVENTIONAL 2 3 4 6 i 2 CURRENT DATE: 01-02-2004 FILE DATE: 01-02-2004 CURRENT TIME: 10:07:33 FILE NAME: DAVIS6 PERFORMANCE CURVE FOR CULVERT # 1 - 1 ( 1.5 BY 1.5 ) RCP DIS- HEAD- INLET OUTLET CHARGE WATER CONTROL CONTROL FLOW NORMAL CRITICAL OUTLET TAILWATER FLOW ELEV. DEPTH DEPTH TYPE DEPTH DEPTH VEL. DEPTH VEL. DEPTH (cfs) (ft) (ft) (ft) <F4> (ft) (ft) (fps) (ft) (fps) (ft) 0 70.65 0.00 0.00 0-NF 0.00 0.00 0.00 0.00 0.00 0.00 1 71.01 0.36 0.36 1-S2n 0.26 0.27 2.70 0.26 0.88 0.40 1 71.17 0.52 0.52 1-S2n 0.37 0.39 3.27 0.37 1.05 0.52 2 71.31 0.66 0.66 1-S2n 0.47 0.49 3.65 0.47 1.16 0.61 2 71.44 0.79 0.79 1-S2n 0.54 0.57 3.95 0.54 1.25 0.68 3 71.55 0.90 0.90 1-S2n 0.62 0.64 4.18 0.62 1.32 0.73 3 71.64 0.99 0.99 1-S2n 0.68 0.70 4.39 0.68 1.38 0.79 4 71.74 1.09 1.09 1-S2n 0.75 0.76 4.55 0.75 1.44 0.83 5 71.82 1.17 1.17 1-S2n 0.81 0.82 4.71 0.81 1.48 0.88 5 71.90 1.25 1.25 1-S2n 0.87 0.87 4.84 0.87 1.53 0.92 6 72.04 1.33 1.39 3-Mlt 0.93 0.92 4.82 0.95 1.57 0.95 El. inlet face invert 70.65 ft El. outlet invert 70.28 ft El. inlet throat invert 0.00 ft El. inlet crest 0.00 ft ***** SITE DATA ***** CULVERT INVERT ************** INLET STATION (FT) 0.00 INLET ELEVATION (FT) 70.65 OUTLET STATION (FT) 74.00 OUTLET ELEVATION (FT) 70.28 NUMBER OF BARRELS 1 SLOPE (V-FT/H-FT) 0.0050 CULVERT LENGTH ALONG SLOPE (FT) 74.00 CULVERT DATA SUMMARY ************************ BARREL SHAPE CIRCULAR BARREL DIAMETER 1.50 FT BARREL MATERIAL CONCRETE BARREL MANNING'S N 0.012 INLET TYPE CONVENTIONAL INLET EDGE AND WALL GROOVED END IN HEADWALL INLET DEPRESSION NONE 3 CURRENT DATE: 01-02-2004 FILE DATE: 01-02-2004 CURRENT TIME: 10:07:33 FILE NAME: DEVISE TAILWATER REGULAR CHANNEL CROSS SECTION SIDE SLOPE H/V (X:1) 4.0 CHANNEL SLOPE V/H (FT/FT) 0.005 MANNING'S N (.01-0.1) 0.040 CHANNEL INVERT ELEVATION (FT) 70.28 CULVERT N0.1 OUTLET INVERT ELEVATION 70.28 FT UNIFORM FLOW RATING CURVE FOR DOWNSTREAM CHANNEL FLOW W.S.E. FROUDE DEPTH VEL. SHEAR (CFS) (FT) NUMBER (FT) (FPS) (PSF) 0.00 70.28 0.000 0.00 0.00 0.00 0.57 70.68 0.245 0.40 0.88 0.13 1.14 70.80 0.256 0.52 1.05 0.16 1.71 70.89 0.263 0.61 1.16 0.19 2.28 70.96 0.268 0.68 1.25 0.21 2.85 71.01 0.271 0.73 1.32 0.23 3.42 71.07 0.275 0.79 1.38 0.25 3.99 71.11 0.277 0.83 1.44 0.26 4.56 71.16 0.279 0.88 1.48 0.27 5.13 71.20 0.281 0.92 1.53 0.29 5.70 71.23 0.283 0.95 1.57 0.30 1 CURRENT DATE: 01-01-2004 FILE DATE: 01-01-2004 CURRENT TIME: 16:41:06 FILE NAME: DAVIS7 FHWA CULVERT ANALYSIS HY-8, VERSION 4.1 r U SITE DATA I CULVERT SHAPE, MATERIAL, INLET L INLET OUTLET CULVERT BARRELS V ELEV. ELEV. LENGTH SHAPE SPAN RISE MANNING INLET (FT) (FT) (FT) MATERIAL (FT) (FT) n TYPE 1 66.15 65.77 38.00 1 RCPE 3.75 2.42 .012 CONVENTIONAL 2 3 4 5 6 I 1 2 CURRENT DATE: 01-01-2004 FILE DATE: 01-01-2004 CURRENT TIME: 16:41:06 FILE NAME: DAVIS7 PERFORMANCE CURVE FOR CULVERT # 1 - 1 ( 3.75 BY 2.416667 ) RCPE DIS- HEAD- INLET OUTLET CHARGE WATER CONTROL CONTROL FLOW NORMAL CRITICAL OUTLET TAILWATER FLOW ELEV. DEPTH DEPTH TYPE DEPTH DEPTH VEL. DEPTH VEL. DEPTH (cfs) (ft) (ft) (ft) <F4> (ft) (ft) (fps) (ft) (fps) (ft) 0 67.70 0.00 1.55 0-NF 0.00 0.00 0.00 0.00 0.00 1.93 _ 4 67.79 0.61 1.64 3-Mit 0.34 0.47 0.56 1.93 0.00 1.93 7 67.81 0.88 1.66 3-Mlt 0.50 0.68 1.11 1.93 0.00 1.93 11 67.85 1.10 1.70 3-Mlt 0.61 0.84 1.67 1.93 0.00 1.93 14 67.91 1.33 1.76 3-Mlt 0.72 0.98 2.22 1.93 0.00 1.93 18 67.70 1.55 1.55 1-S2n 0.80 1.10 7.35 0.86 0.00 1.93 21 67.89 1.74 1.74 1-52n 0.88 1.22 7.69 0.96 0.00 1.93 25 68.07 1.92 1.92 1-S2n 0.96 1.32 7.97 1.05 0.00 1.93 28 68.22 2.07 2.07 1-S2n 1.03 1.42 8.22 1.14 0.00 1.93 32 68.38 2.23 2.23 1-S2n 1.10 1.51 8.46 1.23 0.00 1.93 35 68.53 2.38 2.38 1-S2n 1.17 1.60 8.74 1.30 0.00 1.93 El. inlet face invert 66.15 ft El. outlet invert 65.77 ft El. inlet throat invert 0.00 ft El. inlet crest 0.00 ft ***** SITE DATA ***** CULVERT INVERT ************** INLET STATION (FT) 0.00 INLET ELEVATION (FT) 66.15 OUTLET STATION (FT) 38.00 OUTLET ELEVATION (FT) 65.77 NUMBER OF BARRELS 1 SLOPE (V-FT/H-FT) 0.0100 CULVERT LENGTH ALONG SLOPE (FT) 38.00 ***** CULVERT DATA SUMMARY ************************ BARREL SHAPE ELLIPTICAL BARREL SPAN 3.75 FT BARREL RISE 2.42 FT BARREL MATERIAL CONCRETE BARREL MANNING'S N 0.012 INLET TYPE CONVENTIONAL INLET EDGE AND WALL GROOVED END PROJECTING INLET DEPRESSION NONE 3 CURRENT DATE: 01-01-2004 FILE DATE: 01-01-2004 CURRENT TIME: 16:41:06 FILE NAME: DAVIS7 TAILWATER CONSTANT WATER SURFACE ELEVATION 61.10 - APPENDIX D 421 21",Suite 212,Longmont,Co,80501 (303)772-7052;FAX 651-7226 I I I I I I I I I I I I I I I I I I I LYONS 66 PACIFIC CHANNELS 10 YEAR CAPACITY CHECK 01/02/04 V" SECTIONS WITH 4:1 SIDES GRASS CHANNEL SLOPE N 010 ;DEPTH. WIPIR ARM,,kNg '7'-gD ' I I E ER -...11-. ., . V. . - G FRoupg. 1 0.005 0.04 24.55 1.65 13.20 10.89 13.61 0.80 2.26 24.66 0.31 2 0.005 0.04 35.04 1.89 15.12 14.29 15.59 0.92 2.48 35.42 0.32 3 0.005 0.04 71.10 2.46 19.68 24.21 20.29 1.19 2.96 71.54 0.33 SECTIONS WITH 2'BOTTOMS AND 1:1 SIDES PROPOSED CONCRETE DITCH 0.316% SLOPE 0 CHANNEL SLOPE N Q1O0H&.OEPTH WIDTH ARC > ET STIRf TER . , R" V 0 . CONCRETE LINED CHANNEL 0.00316 0.015 43.00 1.94 5.88 7.64 7.49 1.02 5.65 43.16 GEOTECHNICAL ENGINEERING REPORT FOR PAVEMENT THICKNESS DESIGN LYONS 66 PACIFIC COMMERCE PARK STATE HIGHWAY 66 ACCELERATION AND DECLERATION LANES SOUTH SIDE OF HIGHWAY 66, EAST OF INTERSTATE 25 WELD COUNTY, COLORADO PROJECT NO. 22005203A September 17, 2001 Prepared for: Lyons 66 Pacific, LLC 1210 Commerce Court#3 Lafayette, Colorado 80026 Attn: Mr. John Davis Prepared by: Terracon 1242 Bramwood Place, Suite 2 Longmont, Colorado 80501 Phone: 303-776-3921 Fax: 303-776-4041 llerracon— September 17, 2001 lierracon • 1242 Sramwood PI Longmont,Colorado 80501 (303)776-3921 Fax:(303)776-4041 Mr. John Davis Lyons 66 Pacific, LLC 1210 Commerce Court#3 Lafayette, Colorado 80026 Re: Geotechnical Engineering Report for Pavement Thickness Design Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66, East of Interstate 25 Weld County, Colorado Terracon Project No. 22005203A Terracon has completed our geotechnical engineering exploration and pavement thickness design for the proposed acceleration and deceleration lanes to be constructed on the south side of State Highway 66, east of Interstate 25 in Weld County, Colorado. This study was performed in general accordance with our proposal number G2200116 dated October 26, 2000. The results of our engineering study, including the boring location diagram, test boring records and laboratory test results are attached. The accompanying geotechnical report presents our findings and recommendations concerning general earthwork, subgrade preparation and pavement design and construction for the proposed project. Further details are provided in this report. The subgrade soils encountered in our test borings consist of lean clays with varying amounts of sand. These materials were encountered as both natural soils and embankment fill (in Boring 1). The results of field exploration and laboratory testing completed for this study, indicate that the subgrade materials are typically non-expansive or have only slight swell potential at their in-place moisture content and density and are considered to have poor pavement support characteristics. Design and construction recommendations for the proposed acceleration/deceleration lanes, are presented in the report. Arizona■Arkansas■Colorado■Georgia■Idaho■Iili+is■Iowa I•Kansas■Kentucky■Minnesota■Missouri Montana■Nebraska■Nevada■New Mexico■Oklahoma■Tennessee■Texas■Utah I♦Wisconsin■Wyoming Quality Engineering Since 1965 Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A We appreciate being of service to you in the geotechnical engineering phase of this project, and are prepared to assist you during the construction phases as well. If you have any questions concerning this report or any of our testing, inspection, design and consulting services, please do not hesitate to contact us. Sincerel,---.�••‘. a�nlaavfv�osfar70 TER-,±4,44 Sp'NI e b e •• !( % -%• 1S_'WJj,F, r�� O� P°� § 774 �. _ �! ' rl� /, o e s• t. i4 ° Eric S. t''` 'N'. a ••ar EdW%ard.J Pans, P.E. Geotechnica ngineer/Department Manager Principal Copies to: Addressee (3) 2 Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A TABLE OF CONTENTS Page No. Letter of Transmittal Introduction 1 Proposed Construction 1 Site Exploration 2 Field Exploration 2 Laboratory Testing 2 Site Conditions 3 Subsurface Conditions 3 Soil and Bedrock Conditions 3 Field and Laboratory Test Results 4 Groundwater Conditions 4 ENGINEERING ANALYSIS AND RECOMMENDATIONS 4 Geotechnical Considerations 4 Subgrade Preparation 5 Subgrade Preparation 5 Engineered Fill Placement 6 Pavement Design and Construction 7 General Comments 9 3 Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A TABLE OF CONTENTS (Cont'd) APPENDIX A Site Plan Al Logs of Borings A2 thru A7 APPENDIX B Swell-Consolidation Curves B1 thru B3 Time-Deformation Curve 84 Gradation Curves B5 Physical Properties B6 R Value Test B7 APPENDIX C: General Notes: Drilling & Exploration Cl Unified Soil Classification C2 Rock Classification C2 4 GEOTECHNICAL ENGINEERING REPORT FOR PAVEMENT THICKNESS DESIGN LYONS 66 PACIFIC COMMERCE PARK STATE HIGHWAY 66 ACCELERATION AND DECLERATION LANES SOUTH SIDE OF HIGHWAY 66, EAST OF INTERSTATE 25 WELD COUNTY, COLORADO Project No. 22005203A September 17, 2001 INTRODUCTION This report contains the results of our geotechnical engineering exploration and pavement thickness design for the proposed acceleration and deceleration lanes to be constructed on the south side of State Highway 66, east of Interstate 25 in Weld County, Colorado. The site is located along the north Section Line of Section 26, Township 3 North, Range 68 West of the 6th Principal Meridian in Weld County, Colorado. The purpose of these services is to provide information and geotechnical engineering recommendations relative to: • pavement subgrade conditions ▪ groundwater conditions • subgrade preparation and earthwork • pavement design and construction The recommendations contained in this report are based upon the results of field and laboratory testing, engineering analyses, and experience with similar subgrade soil and traffic loading conditions and our understanding of the proposed project. PROPOSED CONSTRUCTION Based on information provided by a representative of Swift and Associates, the project will consist of construction and paving of acceleration-deceleration lanes along the south edge of State Highway 66 to provide access to and from the proposed Lyons 66 Commerce Park development. The total length of pavement construction will be on the order of 1,500 linear feet, beginning approximately 500 feet west of Mead Street and ending about 1,000 feet east of Mead Street. It is anticipated that paving will include asphalt concrete to match the existing pavement structure. Final grading plans were not available prior to preparation of 1 Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A this report; however, visual observations indicate that little, if any fill, up to an estimated 10 to 15 feet of fill will be needed to match the existing pavement level of State Highway 66. In general, it appears that significant fill placement will be limited to the 500 feet section to the west of Mead Street. SITE EXPLORATION The scope of the services performed for this project included site reconnaissance by a geotechnical engineer, a subsurface exploration program, laboratory testing and engineering analysis. Field Exploration: A total of five (5) test borings were drilled on December 6, 2000. One boring (Boring A) was previously drilled on November 10, 2000. The borings were drilled to depths of about five (5) to 20 feet at the approximate locations shown on the Boring Location Plan, Figure 1. The borings were drilled along the alignment, or as close as practical, to the proposed acceleration/deceleration lanes. All borings were advanced with a truck-mounted drilling rig, utilizing 4-inch diameter solid stem auger. The borings were located in the field by pacing or by measurements with a surveying wheel using existing street intersections as a reference. Elevations of borings were not surveyed and logs are drawn to depth. The accuracy of boring locations should only be assumed to the level implied by the methods used. Lithologic logs of each boring were recorded by the geotechnical engineer during the drilling operations. At selected intervals, samples of the subsurface materials were taken by driving California barrel samplers. Penetration resistance measurements were obtained by driving the California barrel into the subsurface materials with a 140-pound hammer falling 30 inches. The penetration resistance value is a useful index in estimating the consistency, relative density or hardness of the materials encountered. Groundwater conditions were recorded in each boring at the time of site exploration; however, due to safety and CDOT considerations, the test borings were backfilled shortly after completion of drilling and sampling. Laboratory Testing: Samples retrieved during the field exploration were returned to the laboratory for observation by the project geotechnical engineer, and were visually or manually classified in general accordance with the Unified Soil Classification System described in Appendix C. Samples of bedrock were classified in accordance with the general notes for Rock Classification. At that time, the field descriptions were confirmed or modified 2 Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A as necessary and an applicable laboratory testing program was formulated to determine engineering properties of the subsurface materials. Boring logs were prepared and are presented in Appendix A. Laboratory tests were conducted on selected samples and are presented in Appendix B. The test results were used for the geotechnical engineering analyses, and the development of the pavement design and earthwork recommendations. Laboratory tests were performed in general accordance with applicable local standards or other accepted standards. Selected soil samples were tested for the following engineering properties: • Water Content • • Particle Size Distribution • Dry Unit Weight • Atterberg Limits • Swell-Consolidation Potential • R-Value • Unconfined Compressive Strength SITE CONDITIONS The site of the proposed construction is on the south side of State Highway 66, which is a two-lane, asphalt paved road. The proposed acceleration/deceleration lane will serve the Lyons 66 Pacific Commerce Park, which is currently undeveloped, but will eventually include both light industrial and commercial properties. In general, the surrounding areas include existing commercial developments. Numerous underground utilities were noted along the south side of Highway 66. For the portion of the project to the east of Mead Street there is little elevation difference between the existing pavement of Highway 66 and the surrounding ground surface. However, for the 500 feet section to the west of Mead Street, an estimated difference in elevation ranging from approximately three (3) to 15 feet between the existing pavement and the bottom of the shoulder slope was noted. SUBSURFACE CONDITIONS Soil and Bedrock Conditions: The subgrade soils encountered in our test borings consisted of lean clays with varying amounts of sand. These materials extended to the maximum depths explored, or to the underlying bedrock in Boring 5 and Boring A, and were encountered as both natural soils and embankment fill. Borings 1, 3 and 4 encountered approximately 12 to 24 inches of granular base material. Siltstone/sandstone bedrock was 3 • Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A encountered below the overburden clays in two of the borings at depths ranging from about seven (7) to eight (8) feet below the ground surface and these materials extended to the depths explored. Please refer to the Logs of Boring for more comprehensive strata descriptions. Field and Laboratory Test Results: Field penetration tests and unconfined compressive strength data indicates that the clay soils vary from medium stiff to very stiff, with the clays softening somewhat with depth. The dry density of the clays generally varied between 100 to 113 pounds per cubic foot (pcf) at moisture contents ranging from about 15 to 23 percent. Unconfined compressive strength of clay samples tested varied from 1,460 to 3,690 pounds per square foot (psf). Swell-consolidation test indicate that the clays are non-expansive or have only slight swell potential at their in-place moisture content and density. Results of gradation and plasticity tests on the subgrade soils indicated that soils classified as A-6 and A-7-6according to the AASHTO classification system. AASHTO group indices of these subgrade soils ranged from 4 to 19. These subgrade soils have a "CL" classification in accordance with USCS methods. A representative sample from Boring 3 was selected for R-value testing. Laboratory test results indicate an R-value of 15 for the A-7-6 subgrade soils. R-value and soil classification test results indicate that the subgrade soils at the site generally have poor pavement support characteristics. Groundwater Conditions: Groundwater was not observed in any test boring to the depths explored at the time of our field investigation. Due to safety and CDOT considerations, the test borings were backfilled shortly after completion of drilling and sampling. These observations represent only current, short-term groundwater conditions, and may not be indicative of other times, or at other locations. Groundwater levels can fluctuate with varying seasonal and weather conditions. ENGINEERING ANALYSIS AND RECOMMENDATIONS Geotechnical Considerations: Based upon the geotechnical conditions encountered in our test borings, the site appears suitable for the proposed construction. Considering the swell- consolidation test data and physical properties, we judge the subgrade soils to have negligible to low swell potential when wetted. Accordingly, we do not believe that special subgrade treatments are warranted on this site to mitigate the impact of swelling subgrades. However, in-situ moisture contents and plasticity characteristics of the site soils indicate that these materials are susceptible to disturbance and loss of strength when subjected to 4 Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A repeated wheel loads. These conditions can lead to "pumping" soils and unstable subgrades could develop. If unstable conditions develop during construction, some method of subgrade improvement/stabilization will be needed. Design criteria and recommendations for pavement construction are outlined in the following paragraphs. Subgrade Preparation: CDOT requires that new pavements be constructed on at least two (2) feet of select fill (SF) having a minimum R-value of 40. Depending upon design subgrade elevations, over-excavation and replacement with suitable material will likely be needed to provide the required fill thickness below pavements. Since the R-value of the on-site soils is less than 40, over-excavation and replacement (depending upon final grades) will be required for construction of the acceleration/deceleration lanes. The R-Value of the material to be used should be confirmed by the geotechnical engineer prior to importation to the site. As mentioned previously, the subgrade soils are susceptible to disturbance and loss of strength when subjected to repeated wheel loads. This condition can lead to "pumping" soils and unstable subgrades could develop. The use of light-weight earth moving equipment may be needed to reduce the potential of "pumping" subgrade soils. If unstable conditions develop, workability may be improved by scarifying and drying. Over-excavation of wet zones and replacement with granular materials may be necessary. Use of lime, fly ash, kiln dust, cement or geotextiles could also be considered as a stabilization technique. Laboratory evaluation is recommended to determine the effect of chemical stabilization on subgrade soils prior to construction, if chemical stabilization is planned. The ground surface in the area of proposed fill placement or new pavement construction should be stripped of vegetation, organic matter and other deleterious materials. This material should be wasted from the site. The subgrade beneath proposed fill or pavement areas should be scarified, moisture conditioned within 2 percent of optimum moisture content (unless modified by the project geotechnical engineer) and compacted to at least 95 percent of the standard Proctor maximum dry density (ASTM D 698). After the subgrade has been compacted, we recommend that the exposed surface be proof-rolled in the presence of the geotechnical engineer to delineate soft or disturbed areas at or near subgrade level. Heavy construction equipment such as a loaded water truck or tandem axle dump truck is recommended for proofrolling. Unsuitable areas (if encountered) should be overexcavated and replaced with suitable fill if the soft soils cannot be moisture adjusted and compacted in place. 5 Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A Placement and compaction of the subgrade soils and other pavement materials should be observed and tested by the geotechnical engineer to verify that the specified moisture and/or compaction requirements have been achieved. Embankment Fill Placement: Based on our visual observations, it appears that around three (3) to 15 feet of fill will likely be needed on the 500 feet section to the west of Mead Street. When comparatively deep fills are placed over clay soils, they will compress and consolidate (settle) to some degree. Based on laboratory consolidation data, we estimate site settlement for the placement of 15 feet of fill could be on the order of one (1) to one and one-half (1%) inches. Time rate of consolidation test data indicates that 75% of primary consolidation (settlement) should occur within about 30 to 45 days. Because of the variability of the subsurface conditions, the time for 75% consolidation to occur may be more or less than that predicted. To reduce the impact of site settlement on the proposed construction, pavements should not be placed on the deeper fills until the majority of primary settlement has occurred. For this site, we recommend that the embankment fill be allowed to consolidate the underlying clays for at least five (5) weeks before paving begins. This should be taken into account in the construction sequencing of the project. Prior to fill placement the subgrade should be prepared as described in the Subgrade Preparation section of this report. Clean on-site soils or approved low swelling imported materials may be used as embankment fill on the site. However, CDOT regulations require the top two (2) feet of subgrade beneath a pavement section must consist of material with an R-Value of 40 or greater. Therefore, at least the top two (2) feet of the embankment fill will need to be an approved granular material with an R-Value of at least 40. The R-Value of the material should be confirmed by the geotechnical engineer prior to importation to the site. Fill should not contain organic or frozen material and it should not be placed on a frozen subgrade. The embankment fill should be placed in level lifts of approximately nine (9) inches or less in loose thickness, moisture conditioned to within two (2) percent of optimum moisture content and compacted to at least 95 percent of the material's standard Proctor maximum dry density (ASTM D 698). Where fill depths exceed eight (8) feet, we recommend the portion deeper than 8 feet be moisture conditioned within 2 percent of optimum moisture content and compacted to at least 100 percent of the standard Proctor maximum dry density (ASTM D 698). Placement and compaction of fill should be observed and tested by the geotechnical engineer to verify that the specified moisture and compaction requirements have been achieved. For permanent slopes in compacted fill areas we suggest slopes of 3:1 (horizontal to vertical) to reduce erosion and maintenance problems. If steeper 6 • Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A slopes are required, stability analyses should be completed to design the embankment slopes. Slopes should be seeded soon after completion of construction to reduce erosion. Pavement Design and Construction: Design of pavements for the project was based on the procedures outlined in the 1986 Guideline for Design of Pavement Structures by the American Association of State Highway and Transportation Officials (AASHTO). Design criteria for pavement construction was provided by a representative of the Colorado Department of Transportation (CDOT). The information provided includes a 20-year design traffic number of 1,485,000 18 kip equivalent single axle loads (ESAL's). A terminal serviceability index of 2.5 was used along with an inherent reliability of 90 percent. Using an R-value of 40 (correlated Resilient Modulus, MR of 9,497 psi), the ESAL value, environmental criteria and other factors, the structural number (SN) of the pavement section was determined on the basis of the 1986 AASHTO design equation. Our design calculations indicate that the acceleration/deceleration lanes along Highway 66 can be paved using the following composite section. RecommendeectPavementThickness(inches) Y Fa. q r e Z Asphalt Concrete Aggre?ate:B a Se14, c;ell(SF) Total 'satiate r Cour Witif R value fi NSY 5 9 24 14 + Select Fill The pavement sections presented herein are based, in part, on design parameters selected by Terracon based on experience with similar projects and soils conditions and on information provided by CDOT. Design parameters such as design life, terminal serviceability index, inherent reliability and design traffic numbers may vary with specific project requirements. Variation of these parameters may change the thickness of the pavement sections presented. Terracon is prepared to discuss the details of these parameters and their effects on pavement design and reevaluate pavement design as appropriate. Aggregate base course should consist of a blend of sand and gravel which meets strict specifications for quality and gradation. Use of materials meeting Colorado Department of 7 Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A Transportation (CDOT) Class 5 or 6 specifications is recommended for base course. Aggregate base course should be placed in lifts not exceeding six inches and should be compacted to at least 95 percent of the standard Proctor maximum dry density (ASTM D698). Asphalt concrete should be composed of a mixture of aggregate, filler and additives, if required, and approved bituminous material. The asphalt concrete should conform to approved mix designs stating the Marshall or Hveem properties, optimum asphalt content, job mix formula and recommended mixing and placing temperatures. Aggregate used in asphalt concrete should meet particular gradations. Material meeting Colorado Department of Transportation Grading S, SG or SX specification is recommended for hot bituminous pavements. Mix designs should be submitted prior to construction to verify their adequacy. Asphalt material should be placed in maximum 3-inch lifts and should be compacted to a density of 92 to 96 percent of the maximum theoretical density, determined in general accordance with Colorado Procedure 51. The collection and diversion of surface drainage away from paved areas is critical to the satisfactory performance of the pavement. Drainage design should provide for the removal of water from paved areas in order to reduce the potential for wetting of the subgrade soils. The following recommendations should be considered at minimum: • Site grading at a minimum 2% grade away from the pavements; • Compaction of any utility trenches for landscaped areas to the same criteria as the pavement subgrade; • Sealing all landscaped areas in or adjacent to pavements to minimize or prevent moisture migration to subgrade soils; • Placing compacted backfill against the exterior side of curb and gutter; and, • Placing curb, gutter and/or sidewalk directly on subgrade soils without the use of base course materials. Preventative maintenance should be planned and provided for an on-going pavement management program in order to enhance future pavement performance. Preventative maintenance activities are intended to slow the rate of pavement deterioration and to preserve the pavement investment. 8 Geotechnical Engineering Report for Pavement Thickness Design Terracon Lyons 66 Pacific Commerce Park State Highway 66 Acceleration and Deceleration Lanes South Side of Highway 66,East of Interstate 25 Weld County,Colorado Terracon Project No.22005203A Preventative maintenance consists of both localized maintenance (e.g. crack sealing and patching) and global maintenance (e.g. surface sealing). Preventative maintenance is usually the first priority when implementing a planned pavement maintenance program and provides the highest return on investment for pavements. Prior to implementing any maintenance, engineering observation is recommended to determine the type and extent of preventative maintenance. GENERAL COMMENTS Terracon should be retained to review the final design plans and specifications so comments can be made regarding interpretation and implementation of our geotechnical recommendations in the design and specifications. Terracon also should be retained to provide testing and observation during subgrade preparation and pavement construction phases of the project. The analyses and recommendations in this report are based in part upon data obtained from the borings performed at the indicated locations and from other information discussed in this report. This report does not reflect variations which may occur between borings or across the site. The nature and extent of such variations may not become evident until construction. If variations appear, it will be necessary to reevaluate the recommendations of this report. The scope of services for this project does not include either specifically or by implication any environmental assessment of the site or identification of contaminated or hazardous materials or conditions. If the owner is concerned about the potential for such contamination, other studies should be undertaken. This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, either express or implied, are intended or made. In the event that changes in the nature, design or location of the project as outlined in this report are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Terracon reviews the changes and either verifies or modifies the conclusions of this report in writing. 9 ( �5r 2e ) A� / g4,E) a z \ @o Ti \ \ 2\\ \ \ § /]2 \ o 8iel \ \ §/§ t)8 {k\ ) \ 8rt 0` ° ; 2 H Ili» o,w » ° \)2 2� } AD 5 tr �k§ (� r \ }� -1( �ni o p m\ } f | J « , « ` / \ 2 ( Ii 2\ 8 /--,1 ma \ Clk Ge\ R i /»\z '9 \ e/k/ `g al %))]\ z \§ [\}/f PCC�a 12 O 3\\ » aat x - , i5- 2-mito\\ i _ , \ � ? � \\ % ) \ ) bR 4 . • LOG OF BORING NO. TB-1 Page 1 of 1 OWNERJCLIENT ARCHITECT/ENGINEER Lyons 66 Pacific, LLC SITE State Highway 66 East of I-25 PROJECT Weld County, Colorado Lyons 66 Commerce Park; Hwy 66 Accel/Decel Lanes SAMPLES TESTS _ a z ne r nWU z DESCRIPTION g 2 a gz w@F cL w h 5 } zo 0 O a Zp v,c Ell s Approx. Surface Elev.: GRADE ft, a 5 z F a 2 68. y E c- v-o a .p.o ao GRANUT AR BASF, brown, slightly moist `o:, 2.0 to moist. CL CB 14/12 20 104 2780 • 5 --ti EMBANKMENT FILL,Lean Clay with — �� Sand, mixed browns, stiff to very stiff, - ---- moist,with trace gravel. — --��, CB 11/12 15 113 3300 10 12.0 LEAN CLAY, slightly sandy, brown, light — brown, stiff to very stiff, very moist. CL CB 9/12 25 96 4830 15.0 — BOTTOM OF BORING 15 THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSITION MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 12-6-00 WL 4 Dry 12/6/00 Y Back6Eed BORING COMPLETED 12-6-00 WL erracon RIG CME-55 FOREMAN CEB WL APPROVED ESW JOB# 22005203A LOG OF BORING NO. TB-2 Page 1 of 1 OWNER/CLIENT ARCHITECT/ENGINEER Lyons 66 Pacific, LLC SITE State Highway 66 East of I-25 PROTECT Weld County, Colorado Lyons 66 Commerce Park; Hwy 66 Accel/Decel Lanes SAMPLES TESTS fyig g O 8 ,4 DESCRIPTION y M F"' F. O Z 0 z rg e"pG�'C&- q' U a I 1 cn 01 Zs O >. U X .c mga O Approx. Surface Elev.: GRADE ft. a z a m E 82 o O. 'S s a. 0.5 TOPSOIL - ,/' . \ I / -CL CB 14/12 16 107 3690 f , SANDY LEAN CLAY, silty, brown, light 5 - brown, orange brown, medium stiff to stiff,moist. -- /f/ CL CB 8/12 22 1460 10.0 BOTTOM OF BORING 10 THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSITION MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 11-10-00 WL 4 Dry 11/10/00 I Dry 11/15/00 BORING COMPLETED 11-10-00 WL s erracon RIG CME-55 FOREMAN CEB WL APPROVED ESW JOE# 22005203A LOG OF BORING NO. TB-3 Page 1 of 1 OWNER/CLIENT ARCHITECT/ENGINEER Lyons 66 Pacific, LLC SITE State Highway 66 East of I-25 PROJECT Weld County, Colorado Lyons 66 Commerce Park; Hwy 66 Accel/Decel Lanes SAMPLES TESTS 41 O DESCRIPTION t E-. a Z En z to F, V V E x x a. M my 5 c zaz psdgie 54 U u. LIS OE at ZO r/70 I G. o Approx. Surface Elev.: GRADE ft. a 5 z f a as X c �', o u ti g a ., g ce GRANULAR BASE, brown,slightly moist — . ° — e-'0e 1.5 to moist. LEAN CLAY WITH SAND, brown, light — brown, stiff, moist. —CL CB 8/12 20 102 2005 -0.8/SOC 5.0 5 BOTTOM OF BORING TIM STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: N-SITU,THE TRANSITION MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 12-6-00 WL 4 Dry 12/6/00 Y Backflled BORING COMPLETED 12-6-00 WI, ' err acon RIG CME-55 FOREMAN CEB WL APPROVED ESW JOB# 22005203A LOG OF BORING NO. TB-4 Page 1 of 1 OWNER/CLIENT ARCHITECT/ENGINEER Lyons 66 Pacific, LLC SITE State Highway 66 East of I-25 PROJECT Weld County, Colorado Lyons 66 Commerce Park; Hwy 66 Accel/Decel Lanes SAMPLES TESTS 2 m Z se wi~g 0°7 DESCRIPTION F W y Z �+x tJ V i. 5 mP1 qie yy a 5, N g z0 O Q2Z g< � L t7 Approx. Surface Elev.: GRADE ft. c a z [.. a m c g E u ; ,°4 g, r , ..- ce ° 1.0 GRANULAR BASE, brown, slightly moist — \ to moist. / — LEAN CLAY WITH SAND, brown, light �// brown, stiff to medium stiff, moist. — CL CB 8/12 22 101 1660 ./ 5.0 g BOTTOM OF BORING THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSITION MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 12-6-00 WL SZ Dry 12/6/00 I Back66ed BORING COMPLETED 12-6-00 WL - [err acon RIG CME-55 FOREMAN CEB WL APPROVED ESW JOB/t 22005203A LOG OF BORING NO. TB-5 Page 1 of 1 OWNER/CLIENT ARCHITECT/ENGINEER Lyons 66 Pacific, LLC SITE State Highway 66 East of I-25 PROJECT Weld County, Colorado Lyons 66 Commerce Park; Hwy 66 Accel/Decel Lanes SAMPLES TESTS ri a a z Qwg z�z O DESCRIPTION O P. O g �ta 6 S a zs 6d oC 0 &gil 3t) < w " a, o Approx. Surface Elev.: GRADE ft. IA 5 z it a m R a �', n u h 4`143 Lt POSSIBLE FILL, Lean Clay with sand, _ -- - 1.5 mixed browns, trace organics, moist. j . i CB 11/12 jj JEAN CLAY, slightly sandy, brown, light CL CB 7/12 23 100 3210 -0.3/500 _ brown, stiff to very stiff, moist. 5 — 0 7.0 — CB 31/12 19 104 0 SIT.TSTONF./SANDSTONF, with thin — 1 claystone beds, gray, tan, rust, CB 45/12 15 111 6505 _ 10.0 weathered to medium hard, moist. BOTTOM OF BORING 10 THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSmON MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 12-6-00 W 4 Dry 12/6/00 Y ll rerr icon RIG BORING COMPLETED FOREM12- AN�� CME-55 CEB WL APPROVED ESW JOB# 22005203A • • LOG OF BORING NO. TB- Ac OWNER cLlErrr Page 1 of 1 ARCHITECT/ENGINEER Lyons 66 Pacific, LLC SITE S.E. Corner of SHWY 66 and Interstate 25 PROJECT - Weld County, Colorado Lyons 66 Pacific Commerce Park SAMPLES TESTS 30 _ C Z W 2 • DESCRIPTION w y 4 m ti V a. a a z � � a m .7 W Approx. Surface Elev.: GRADE ft. c Z F a s C -• 5 U i o " 0.5\TOPSOJT - j — LEAN CLAY, slightly sandy,brown, light brown, red brown, medium stiff to stiff, _CL CB 8/12 15 109 2450 +0.2/500 moist to very moist. 5 8.0 _ CB 50/8 22 104 3590 I 10 • 7 44 SILTSTONE/SANDSTONE, with thin CB 50/3 claystone interbeds, tan, gray, rust, 15 weathered to very hard, moist. f ':4,4720.0 _ CB 50/4 BOTTOM OF BORING 20 THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSITION MAY BE GRADUAL. WATER LEVEL OBSERVATIONS - BORING STARTED 11-10-00 WL 4 1 BORING COMPLETED 11-10-00 WL 18'11/10/00 10.5'11/15/00 1 ii!rr acon RIG CME-55 FOREMAN DJD WL APPROVED ESW JOB a 22005203 8 6 --- - - 4 - - 2 - - S w L _ L � ' 96 IC N -2 -- 0 A -4 0 N -6 -8 0.1 1 10 100 APPLIED PRESSURE-KIPS PER SQUARE FT Specimen Identification Classification DD MC% • TB-3 4.0 Lean Clay with Sand (CL) 102 20 PROJECT Lyo.gs 66 Commerce Park;Hwy 66 JOB NO. 22005203A Accel/Decel Lanes-State Highway 66 East of DATE 12/15/00 I-25 SWELL/CONSOLIDATION TEST Terracon Longmont, Colorado 8 6 4 2 - - S w 96 N -2 O A -4 . I O N -6 -8 0.1 1 10 100 APPLIED PRESSURE-KIPS PER SQUARE FT Specimen Identification Classification DD MC% • TB-5 4.0 Lean Clay;slightly sandy (CL) 100 23 PROJECT Lyons 66 Commerce Park;Hwy 66 JOB NO. 22005203A Accel/Decel Lanes -State Highway 66 East of DATE 12/15/00 1-25 SWELL/CONSOLIDATION TEST Terracon Longmont, Colorado 10 8 _ - _ - 6 - . 4 - 2 S w E -4 A O -6 - -8 -10 0.1 1 10 100 APPLIED PRESSURE-KIPS PER SQUARE FT Specimen Identification Classification DD MC% • TB- Ac 4.0 Lean Clay (CL) 109 15 PROJECT Lyon 66 Pacific Commerce Park-S.E. JOB NO. 22005203 Corner of SHWY 66 and Interstate 25 DATE 11/30/00 SWELL/CONSOLIDATION TEST Terracon Longmont, Colorado Irerracori Time - Deformation Curves 1242 Bramwood Place Longmont, Colorado 80501 Project Name: Lyons 66 Pacific Commerce Park; HWY 66 Accel/Decel L Project No.: 22005203 Date: 10/6/99 Test Boring No.: 5 Depth (ft): 4 Dry Density(psf): 99.8 Moisture(%): 23.0 Soil Classification: Lean Clay(CL); slightly sandy Load Increment 0 to 1/2 ksf 5005 5000 El 4995 4990 o, 4985 4980 4975 ° 4970 4965 0 5 10 15 20 25 30 35 40 Square Root of Time(min.) • Load Increment 1/2 to 1 ksf 4980 If 4970 4960 o" 4950 2 4940 Zs 4930 4920 4910 0 5 10 15 20 25 30 35 40 Square Root of Time(min.) Load Increment: 1 to 2 ksf 4940 4920 ♦ 4900 d 4880 0 4860 A 4840 4820 a 4800 4780 0 5 10 15 20 25 30 35 40 Square Root of lime(min.) U.S.SIEVE OPENING IN INCHES I U.S.SIEVE NUMBERS HYDROMETER 6 4 3 2 1.5 1 3/4 1/2 3 . 6 810 1416 20 30 40 50 70 100140 200 100 m 1 1 1 1 1 1 IIB, �,. I rim 80 R 70 C E N T 60 - F E 50 R B Y 40 w E G 30 - H T 20 - 10 0 _ 100 10 1 0.1 0.01 0.001 GRAIN SIZE IN MILLIMETERS GRAVEL SAND COBBLES coarse fine coarse I medium fine SILT OR CLAY S Decimen Identification Classification MC% LL PL PI Cc Cu • TB-1 3.5 Lean Clay with Sand CL 36 17 19 I TB-2 2.5 Sandy Lean Clay CL 27 17 11 A TB-3 3.5 Lean Clay with Sand CL 42 19 23 * TB-4 2.5 Lean Clay with Sand CL 37 18 19 S,ecimen Identification D100 D60 D30 D10 %Gravel %Sand %Silt %Clay • TB-1 3.5 9.50 0.8 22.8 76.4 I TB-2 2.5 9.50 2.6 34.9 62.5 A TB-3 3.5 9.50 0.2 17.7 82.1 * TB-4 2.5 9.50 0.1 28.4 71.5 PROJECT Lyons 66 Commerce Park:Hwy 66 JOB NO. 22005203A Accel/Decel Lanes - State Highway 66 East of DATE 12/15/00 1-25 GRADATION CURVES Terracon Longmont, Colorado • • lierracon 301 North Howes Street P.O.Box 503 FORT COLLINS,COLORADO 80521 (970)484-0359 FAX(970)484-0454 ... . .. ._.__ - .... .. RESISTANCE �4 1.UE & EXPANSION PRESSURE OF C©MP CTED SOIL 3 I AST 02844 CLIENT: Lyons 66 Pacific, LLC PROJECT: Highway 66 Accel and Decel Lane LOCATION: TB-3 @ 2.0-5.0' TERRACON NO. 22005203 CLASSIFICATION: Lean Clay with Sand (CL); A-7-6(19) SAMPLE 'DATA ES E S TEST SPECIMEN NO. 1 2 3 COMPACTION PRESSURE (PSI) 0 20 60 DENSITY(PCF) 97.5 104.7 109.5 MOISTURE CONTENT(%) 25.1 22.2 19.7 EXPANSION PRESSURE (PSI) 0.00 0.00 1.00 HORIZONTAL PRESSURE @ 160 PSI 135 130 120 SAMPLE HEIGHT (INCHES) 2.38 2.62 2.60 EXUDATION PRESSURE (PSI) 197.3 275.3 517.1 CORRECTED R-VALUE 8.7 14.3 22.0 UNCORRECTED R-VALUE 9.1 13.6 21.2 R-VALUE @ 300 PSI EXUDATION PRESSURE = 15 100 90 80 70 w 60 a 50 lx 40 30 _ 20 10 0 0 100 200 300 400 500 600 700 800 EXUDATION PRESSURE -PSI PHYSICAL PROPERTIES Lyons 66 Pacific Commerce Park Highway 66 Acceleration/Deceleration Lanes Terracon Project No. 229 Boring Death Soil Class. Particle Size Distribution,% Atterberg Limits Moisture-Density Relationship Specific Water Soluble Corrected Remarks No. (ft) Passing by Weight Gravity Matter,(%I R-Value 3" #4 #10 #40 #200 LL PI Dry Optimum Method Salts Sulfates ) t Moisture (p cf) 1 2-5 A-6(13)CL 76.4 36 19 2 2 1-4 A-6(4) CL 62.5 27 11 2 3 2-5 A-7-6(19) CL 82.1 42 23 15 2,11 4 1-4 A-6(12) CL 71.5 37 19 2 0 REMARKS: Classification/Particle Size Moisture-Density Relationship Specific Permeability R-Value 1. Visual 4. Tested ASTM D698/AASHTO T99 Gravity 8. Constant Head 10. Expansion Pressure_psf 2. Laboratory Tested 5. Tested ASTM D1557/AASHTO T180 6. Minus#4 9. Falling Head 11. Exudation Pressure 300 psi 3. Minus#200 Only 7. Plus#4 Note: NP = nonplastic lierracon • - GENERAL NOTES DRILLING&SAMPLING SYMBOLS: SS: Split Spoon - 1-3/8" I.D., 2"O.D., unless otherwise noted HS: Hollow Stem Auger ST: Thin-Walled Tube-2'%" I.D., unless otherwise noted PA: Power Auger RS: Ring Sampler-2.42" I.D., 3" O.D., unless otherwise noted HA: Hand Auger CB: California Barrel— 1.92" I.D., 2.5" O.D. RB: Rock Bit BS: Bulk Sample or Auger Sample WB: Wash Boring or Mud Rotary The number of blows required to advance a standard 2-inch O.D. split-spoon sampler(SS) the last 12 inches of the total 18-inch penetration with a 140-pound hammer falling 30 inches is considered the"Standard Penetration" or"N-value". WATER LEVEL MEASUREMENT SYMBOLS: WL: Water Level WS: While Sampling WCI: Wet Cave in WD: While Drilling DCI: Dry Cave in BCR: Before Casing Removal AB: After Boring ACR: After Casing Removal Water levels indicated on the boring logs are the levels measured in the borings at the times indicated. Groundwater levels at other times and other locations across the site could vary. In pervious soils, the indicated levels may reflect the location of groundwater. In low permeability soils, the accurate determination of groundwater levels may not be possible with only short- term observations. DESCRIPTIVE SOIL CLASSIFICATION: Soil classification is based on the Unified Classification System. Coarse Grained Soils have more than 50% of their dry weight retained on a #200 sieve; their principal descriptors are: boulders, cobbles, gravel or sand. Fine Grained Soils have less than 50% of their dry weight retained on a#200 sieve; they are principally described as clays if they are plastic, and silts if they are slightly plastic or non-plastic. Major constituents may be added as modifiers and minor constituents may be added according to the relative proportions based on grain size. In addition to gradation, coarse-grained soils are defined on the basis of their in-place relative density and fine-grained soils on the basis of their consistency. CONSISTENCY OF FINE-GRAINED SOILS RELATIVE DENSITY OF COARSE-GRAINED SOILS Standard Unconfined Penetration or Standard Penetration Compressive N-value(SS) or N-value(SS) Strength, Qu, psf Blows/Ft. Consistency Blows/Ft. Relative Density < 500 <2 Very Soft 0—3 Very Loose 500 - 1,000 2-3 Soft 4-9 Loose 1,001 - 2,000 4-6 Medium Stiff 10-29 Medium Dense 2,001 - 4,000 7-12 Stiff 30-49 Dense 4,001 - 8,000 13-26 Very Stiff 50+ Very Dense 8,000+ 26+ Hard RELATIVE PROPORTIONS OF SAND AND GRAVEL GRAIN SIZE TERMINOLOGY Descriptive Term(s)of other Percent of Maior Component constituents Dry Weight of Sample Particle Size Trace < 15 Boulders Over 12 in. (300mm) With 15—29 Cobbles 12 in. to 3 in. (300mm to 75 mm) Modifier > 30 Gravel 3 in. to#4 sieve(75mm to 4.75 mm) Sand #4 to#200 sieve(4.75mm to RELATIVE PROPORTIONS OF FINES Silt or Clay 0.075mm) Passing#200 Sieve (0.075mm) Descriptive Term(s)of other Percent of PLASTICITY DESCRIPTION constituents Dry Weight Term Plasticity Index Trace <5 Non-plastic 0 With 5- 12 Low 1-10 Modifiers > 12 Medium 11-30 High 30+ lierracon — UNIFIED SOIL CLASSIFICATION SYSTEM Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests" Soil Classification Group Symbol Group Namee Coarse Grained Soils Gravels Clean Gravels Cu≥4 and 1s Cc 5 3e GW Well-graded grave rMoror than 50%of coarse Less than 5°h Rnest Cu<4 and/or 1 >Cc>35 GP Poorly graded gravel° More than 50%retained fraction retained on on No.200 sieve No.4 sieve Gravels with Fines More Fines classify as ML or MH GM Silty gravel".l" than 12%finest Fines classify as CL or CH GC Clayey gravely°'" Sands Clean Sands Cu≥6 and 1 ≤Cc≤3e SW Well-graded sand' 50%or more of coarse Less than 5%fines° Cu<6 and/or 1 >Cc>9 SP Poorly graded sand' fraction passes No.4 sieve Sands with Fines Fines classify as ML or MH SM Silty sand°.K1 More than 12%fines° Fines Classify as CL or CH SC Clayey sand°'K' Fine-Grained Soils Silts and Clays inorganic PI>7 and plots on or above"A"line' CL Lean clay" 50%or more passes the Liquid limit less than 50 PI<4 or plots below"A"line' ML Silt" No.200 sieve at" organic Liquid limit-oven dried Organic d <0.75 OL y Liquid limit-not dried Organic sitt"° Silts and Clays inorganic PI plots on or above"A"line CH Fat clay" " Liquid limit 50 or more PI lots below"A"line MH Elastic Silts'" organic Liquid limit-oven dried <0.75 OH Organic clay"' Liquid limit-not dried Organic skew4° Highly organic soils Primarily organic matter,dark in color,and organic odor PT Peat g "Based on the material passing the 3-in.(75-mm)sieve elf fines are organic,add"with organic fines"to group name. elf field sample contained cobbles or boulders,or both,add"with cobbles or ' If soil contains≥15%gravel,add"with graver to group name. boulders,or both"to group name. 'If Atterberg limits plot in shaded area,soil is a CL-ML,silty clay. c Gravels with 5 to 12%fines require dual symbols: GW-GM well-graded K If soil contains 15 to 29%plus No.200,add"with sand"or"with gravel with silt,GW-GC well-graded gravel with clay,GP-GM poorly graded gravel,"whichever is predominant. gravel with silt,GP-GC poorly graded gravel with clay. I If soil contains≥30%plus No.200 predominantly sand,add"sandy' °Sands with 5 to 12%fines require dual symbols: SW-SM well-graded sand to group name. with silt,SW-SC well-graded sand with clay,SP-SM poorly graded sand "If soil contains≥30%plus No.200,predominantly gravel,add with silt,SP-SC poorly graded sand with clay "gravelly"to group name. 2 "PI≥4 and plots on or above"A"line. eCu=DedDm C°= Ow x De° °PI<4 or plots below"A"line. °PI plots on or above"A"line. `If soil contains≥15%sand,add"with sand"to group name. opt plots below"A"line. °If fines classify as CL-ML,use dual symbol GC-GM,or SC-SM. 60 I For classification of fine-grained soils and fine-grained fraction 50 rof coarse-grained soils ,4,m ., N><4° Equation of"A"-line eJ,, 4. El_ Horizontal at Pia to LL=25.5. X 40 H then PI=0.73(LL-20) "Ot pEquation of"U"-line +o Z Vertical at LL=16 to PI=7, G >- 30 ' then PI=0.9(LL-8)I_ % 'OV U 0% 5 20 � C>. MH or OH 0, • 10 7 ,., i---,• .G ;44 ., , ML or OL a� I 0 ' 0 10 16 20 30 40 50 60 70 80 90 100 110 LIQUID LIMIT(LL) lierracon _ Form 111-6198 . ROCK CLASSIFICATION (Based on ASTM C-294) Sedimentary Rocks Sedimentary rocks are stratified materials laid down by water or wind. The sediments may be composed of particles of pre-existing rocks derived by mechanical weathering, evaporation or by chemical or organic origin. The sediments are usually indurated by cementation or compaction. Chert Very fine-grained siliceous rock composed of micro-crystalline or crypto- crystalline quartz, chalcedony or opal. Chert is various colored, porous to dense, hard and has a conchoidal to splintery fracture. Claystone Fine-grained rock composed of or derived by erosion of silts and clays or any rock containing clay. Soft massive; gray, black, brown, reddish or green and may contain carbonate minerals. Conglomerate Rock consisting of a considerable amount of rounded gravel, sand and cobbles with or without interstitial or cementing material. The cementing or interstitial material may be quartz, opal, calcite, dolomite, clay, iron oxides or other materials. Dolomite A fine-grained carbonate rock consisting of the mineral dolomite [CaMg (CO3)2]. May contain noncarbonate impurities such as quartz, chert, clay minerals, organic matter, gypsum and sulfides. Reacts with hydrochloric acid (HCL). Limestone A fine-grained carbonate rock consisting of the mineral calcite (CaCo3). May contain noncarbonate impurities such as quartz, chert, clay minerals, organic matter, gypsum and sulfides. Reacts with hydrochloric acid (HCL). Sandstone Rock consisting of particles of sand with or without interstitial and cementing materials. The cementing or interstitial material may be quartz, opal, calcite, dolomite, clay, iron oxides or other material. Shale Fine-grained rock composed of, or derived by erosion of silts and clays or any rock containing clay. Shale is hard, platy, or fissile may be gray, black, reddish or green and may contain some carbonate minerals (calcareous shale). Siltstone Fine grained rock composed of, or derived by erosion of silts or rock containing silt. Siltstones consist predominantly of silt sized particles (0.0625 to 0.002 mm in diameter) and are intermediate rocks between claystones and sandstones, may be gray, black, brown, reddish or green and may contain carbonate minerals. lierracon PAVEMENT THICKNESS DESIGN AND PRELIMINARY GEOTECHNICAL ENGINEERING REPORT LYONS 66 PACIFIC COMMERCE PARK SOUTHEAST CORNER OF INTERSTATE 25 AND STATE HIGWAY 66 WELD COUNTY, COLORADO TERRACON PROJECT NO. 22005203 September 17, 2001 Prepared for: Lyons 66 Pacific, LLC 1210 Commerce Court#3 Lafayette, Colorado 80026 Attn: Mr. John Davis Prepared by: Terracon 1242 Bramwood Place, Suite 2 Longmont, Colorado 80501 Phone: 303-776-3921 Fax: 303-776-4041 llerraco t_ lierracon September 17, 2001 1242 Bramwood PI Longmont,Colorado 80501 (303)776-3921 Fax:(303)776-4041 Mr. John Davis Lyons 66 Pacific, LLC 1210 Commerce Court#3 Lafayette, Colorado 80026 1 Re: Pavement Thickness Design and Preliminary Geotechnical Engineering Report Lyons 66 Pacific Commerce Park Southeast Corner of Interstate 25 and State Highway 66 Weld County, Colorado Terracon Project No. 22005203 Terracon has completed a design level pavement evaluation and a preliminary geotechnical investigation for the proposed Lyons 66 Pacific Commerce Park to be located at the southeast corner of Interstate 25 and State Highway 66 in Weld County, Colorado. This study was performed in general accordance with our proposal number G2200116 dated October 26, 2000. The accompanying geotechnical report presents our findings and preliminary recommendations concerning potential site development constraints, general earthwork, alternative foundation systems, and floor slab construction for the proposed commercial development. In addition, recommendations for the design and construction of pavements for the private access road and the 1-25 Frontage Road are included. The preliminary recommendations presented in this report are intended for planning purposes. A design level geotechnical investigation will be needed on each building site in order to design and construct foundations, floor slabs and other site improvements. In general, the subsurface soils at the site consisted of approximately three (3) to 10 feet or more of very soft to stiff lean clays with varying amounts of sand. Siltstone/sandstone bedrock with lenticular beds of claystone was encountered below the overburden clays and these materials extended to the maximum depths explored. Boring 5 encountered claystone/siltstone bedrock at a depth of approximately 18 feet below the surface and extended to the depths explored. Groundwater was measured at depths ranging from about four (4) to five (5) feet on the western portion of the site to about nine (9) to 10% feet on the eastern portion of the site. In particular, shallow groundwater (six (6) feet or less below the ground surface) was encountered in Test Borings 1, 4 and 6. We feel that the shallow groundwater in this area is related, in part, to perched or trapped groundwater on top of the bedrock surface. l I Arizona■Arkansas■Colorado■Georgia■Idaho■Illinois■Iowa■Kansas■Kentucky■Minnesota■Missouri Montana■Nebraska■Nevada■New Mexico■Oklahoma■Tennessee■Texas■Utah■Wisconsin■Wyoming Quality Engineering Since 1965 Pavement Thickness Design and Terracon Preliminary Geotechnical Engineering Report Lyons 66 Pacific Commerce Park Weld County,Colorado Terracon Project No.22005203 The information obtained by geologic survey and, the results of field exploration and laboratory testing completed for this study, indicate that the soils and bedrock at the site have variable engineering characteristics. The site clays are typically non-expansive or have only slight swell potential at their in-place moisture content and density. The clays typically show low to moderate consolidation potential under light loads. Swell-consolidation tests indicate that the siltstone/sandstone bedrock is generally non-expansive or has only low swell potential when wetted. The siltstone/claystone bedrock encountered in Boring 5 is judged to have low to moderate swell potential. Based on the preliminary geotechnical engineering analyses, subsurface exploration and laboratory test results, it appears that lightly loaded structures can probably be supported by conventional spread footings on a good portion of the site. However, soft to very soft and compressible clay soils were encountered on the western portion of the site and these 4 conditions will likely require some corrective measures such as removal and replacement, if footings are used. In some instances, the soft clays may preclude the use of spread footing foundations. Depending upon location on the site, moderately to heavily loaded buildings, buildings with unusual loading conditions or movement sensitive structures will probably need to be supported by a drilled pier foundation system in order to control settlement. Based on the preliminary data from this study, it appears that conventional slab on grade construction can be used on the site for normal floor areas provided that care is taken in the placement and compaction of the subgrade soil. The clay subgrade soils present at the site will generally provide poor to very poor pavement support. In addition, shallow groundwater and soft, high moisture content clays encountered on the site will complicate pavement and foundation construction and other earthwork activities. The physical properties of the site clays indicate that they are susceptible to disturbance, pumping and loss of strength when subjected to repeated construction traffic loads. Some subgrade stabilization and/or improvement should be anticipated at the site in order to mitigate the impact of soft subgrades on the proposed construction. Other design and construction recommendations, based upon geotechnical conditions encountered in our test borings, are presented in the report. 2 Pavement Thickness Design and Terracon Preliminary Geotechnical Engineering Report Lyons 66 Pacific Commerce Park Weld County,Colorado Terracon Project No.22005203 We appreciate being of service to you in the geotechnical engineering phase of this project, and are prepared to assist you during the construction phases as well. If you have any questions concerning this report or any of our testing, inspection, design and consulting services, please do not hesitate to contact us. Sincerely, TERR_._- ;. `...� ooaG s eFs!slF9,l „: �. 17 - i• 7741 % ®e / � ° r ✓ III POD' � ,'� 'Is,ti O e � J Eric .`,.!.fr ` s; d)nt2Tt# Geotechnica Engineer/Department Manager prticipaf ;: Copies to: Addressee (3) F 3 Pavement Thickness Design and Preliminary Geotechnical Engineering Report Terracon Lyons 66 Pacific Commerce Park Weld County,Colorado Terracon Project No.22005203 TABLE OF CONTENTS Letter of Transmittal Page No. ii Introduction 1 Proposed Construction 2 J Site Exploration 2 Field Exploration 2 Laboratory Testing 3 Site Conditions 3 1 Subsurface Conditions 3 Geology 3 Soil and Bedrock Conditions 4 i Field and Laboratory Test Results 5 Groundwater Conditions 5 I Engineering Analysis and Recommendations 6 i Site Development and Geotechnical Considerations 6 General Site Grading/Earthwork Recommendations 8 J Utility Construction Foundation Construction Considerations 8 Basement/Below Grade Construction 10 Slab on Grade Construction 11 Pavement Construction 11 Corrosion Protection 11 14 General Comments 14 e 4 Pavement Thickness Design and Terracon Preliminary Geotechnical Engineering Report Lyons 66 Pacific Commerce Park Weld County,Colorado Terracon Project No.22005203 TABLE OF CONTENTS (Cont'd) APPENDIX A Site Plan Al Log of Borings A2 thru A13 APPENDIX B Swell-Consolidation Test B1 thru B8 Gradation Curves B9 thru B10 R Value Test B11 Physical Properties B12 APPENDIX C: General Notes: Drilling & Exploration C1 Unified Soil Classification C2 Rock Classification C3 11 5 Hello