The URL can be used to link to this page

Browse Search

Home My WebLink About20053431.tiff efatri SITE PLAN REVIEW COLORADO Administrative Review Planner: Jacqueline Hatch Case Number Site Plan Review 387 Parcel Number 1313 10 102004 & 1313 10 102005 & 1313 10 102006& 1313 10 102007 Applicant: DBM Consulting, LLC & Lehigh Enterprises Acquisition Corp. c% Glenn McWilliams Legal Description: Lots 4, 5, 6, & 7, Block 2, Western Dairymen Cooperative; being part of Section 10, Township 2 North, Range 68 West of the 6"' P.M., Weld County, CO Zoning: PUD Business, Commercial C-3 and Industrial 1-1 Proposed Use: Individual Condominiums for Indoor Self Storage, Office Space & Vehicle Maintenance Site Plan Review Standards Meets the Intent of Comments the Weld County Code Site Plan Certification Included in Application YES Retention Facilities Need approval from Weld County Public Works as NO Engineering Dept. stated in the referral dated August 19, 2005 Off-street Parking Not Approved per Weld County Department of NO Planning Services Loading Areas N/A Access Not Approved- Needs sign-off from Weld County NO Public Works as stated in the referral dated August 19, 2005 Setback Requirements 25 Feet NO Offset Requirements 10 Feet NO Landscaping 85% is the maximum lot coverage allowed (15% NO landscaped) Trash Collection and Location with screening is shown YES Storage Potable Water Left Hand Water District YES Sewage Disposal Saint Vrain Sanitation District YES Environment Standards YES Property Maintenance Condominium Association to maintain YES OCS-3/3/ SPR-387 Home Town Garage Page 1 n4. /S,/a This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: A. The applicant shall submit a waste handling plan, for approval, to the Environmental Health and Services Division of the Weld County Department of Public Health & Environment. Evidence of approval shall be submitted to the Department of Planning Services. The plan shall include at a minimum, the following: 1. A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated) 2. A list of the type and volume of chemicals expected to be stored on site 3. The waste handler and facility where the waste will be disposed (including the facility name, address and phone number). (Department of Public Health and Environment) B. The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response received July 27, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Health and Environment letter dated August 1, 2005 have been met. (Department of Planning Services) D. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Works letter dated August 19, 2005 have been met. (Department of Planning Services) E. The applicant shall contact the Weld County Department of Public Works to discuss the storm water management plan prepared by Pickett Engineering. The applicant shall submit written evidence of the Department of Public Works approval to the Department of Planning Services (Department of Planning Services) F. The applicant shall provide evidence to the Department of Planning Services, both graphically and written, stipulating compliance with Section 26-2-70.6 of the Weld County Code (landscaping requirements and standards). (Department of Planning Services) G. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the Restrictive Covenants and Condominium Owners Association Incorporation paperwork for Home Town Garage. Any changes requested by the Weld County Attorney's Office and Department of Planning Services shall be incorporated. The Restrictive Covenants for Home Town Garage 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) H. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all landscaping, transportation (access drive, parking areas, etcetera) and non-transportation (plant materials, fencing, screening, water, signage etcetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Site Plan Review plat. Or the applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) SPR-387 Home Town Garage Page 2 The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled Site Plan Review SPR-387. (Department of Planning Services) 2. The Site Plan Review Map shall be prepared in accordance with Section 23-2- 160.V of the Weld County Code. (Department of Planning Services) 3. The site shall include 15% of landscaped area per section 26-2-50 of the Weld County Code. (Department of Planning Services) 4. The plat shall be amended not to include Lots 3 and 8 along with the future buildings. (Department of Planning Services) 5. The vicinity map shall be delineated on the plat in compliance with Section 23-2- 160.V.6 of the Weld County Code. (Department of Planning Services) 6. The plat shall be amended so that none of the structures are located within the 10' offset area or the 25' setback area. (Department of Planning Services) 7. The approved fire hydrant locations shall be delineated on the Site Plan as agreed upon with the Mountain View Fire Protection District. Evidence of approval from the Mountain View Fire Protection District shall be submitted to the Department of Planning Services. (Mountain View Fire Protection District) 8. The vehicle parking and office area shall adhere to the Off-street Parking and Loading Requirements, per Sections 23-4-20.B, 23-4-30.A, Appendix 23-A, 23-4- 30. and 23-4-50 of the Weld County Code. (Department of Planning Services) 9. The applicant shall provide one hundred and four (104) parking stalls for this facility of which five must meet the requirements of the Americans with Disabilities Act. The dimensions of the parking stalls shall adhere to Section 23- 4-30.B, Appendix 23-A of the Weld County Code. This site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right-of-way. Further, the ramps from the parking area shall identify a landing area for non-ambulatory users of this facility. (Department of Planning Services) 10. The applicant shall delineate the location of all curb stops in the parking areas per Section 23-4-30.D of the Weld County Code. (Department of Planning Services) 11. The applicant shall delineate curb, gutter and sidewalk consistent with Section 23-2-150.K, Sec. 26-2-80.C, and Sec. 26-3-160,O of the Weld County Code and per the recorded Western Dairymen Cooperative PUD (PF-431) on January 21, 1998. (Department of Planning Services) 12. On-site circulation shall be described and detailed on the site plan as approved by the Department of Public Works. Evidence of approval shall be submitted to the Department of Planning Services. The wide accesses onto Stagecoach Road South shown for buildings 1 & 4 must be limited in width to reduce the points of traffic conflict along Stagecoach Road South. (Department of Public Works) SPR-387 Home Town Garage Page 3 13. The applicant shall verify that all offsets and setbacks have been met. Written evidence of compliance shall be submitted to the Department of Planning Services. (Department of Planning Services) 14. The applicant shall adhere to the lighting requirements and standards for off- street parking spaces per Section 23-4-30.E, Section 23-2-250 and Section 23-3- 250.6.6 of the Weld County Code. (Department of Planning Services) 15. The applicant shall delineate the location and type of the trash enclosure and screening, in accordance with Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 16. The applicant shall submit a plan describing any proposed on-site signs. Any proposed sign shall adhere to Sections 23-4-100, 23-4-110 and 26-2-90 of the Weld County Code. The applicant shall apply for and receive a building permit for all proposed signs. (Department of Planning Services) J. The applicant shall include in the Landscape /Screening Plan in accordance with Section 23-3-250.A.5 and Section 26-2-70, delineating the following information: 1. An installation schedule which specifies when the landscaping will be installed on site. (Department of Planning Services) 2. A Plant Material List specifying the Botanical and Common names of all plant material to be installed; the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Department of Planning Services) 3. A landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on-going and shall not end upon final acceptance by the Department of Planning Services. (Department of Planning Services) 4. The method of native grass planting shall be called out as drilled or broadcast and applied at a rate of how many pounds per acre, and/or pounds per square foot. (Department of Planning Services) K. The following notes shall be placed on the plat: 1. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. 2. In the event that a portion of the building is proposed to be leased or sold to another party in the future, the applicant shall submit a copy of the lease of sales agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial and SPR-387 Home Town Garage Page 4 Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100, C.R.S., as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid wastes Disposal Sites and Facilities Act, 30-20-100.5,C.R.S., as amended. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes. (Department of Public Health and Environment) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 9. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 10. Adequate hand washing and toilet facilities shall be provided. (Department of Public Health and Environment) 11. The facility shall utilize the existing municipal sewage treatment system. (Saint Vrain Sanitation District) (Department of Public Health and Environment) 12. The facility shall utilize the existing public water supply. (Left Hand Water District) (Department of Public Health and Environment) 13. All potentially hazardous chemicals must be store and handled in a safe manner in accordance with product labeling an in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 14. If applicable, the applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. Landscaping materials as indicated in the approved Landscape / Screening Plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 17. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 18. No outside storage shall be permitted on site. (Department of Planning Services) SPR-387 Home Town Garage Page 5 19. The site is to be utilized for storage and warehousing only with offices as an accessory use to the storage and warehousing. (Department of Planning Services) 20. No resale shall be permitted from the site. (Department of Planning Services) 21. The sprinkler systems shall not be obstructed. (Mountain View Fire Protection District) 22. The structures shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. (Department of Planning Services) 23. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 2. Prior to the release of building permits: A. Building construction plans and a final site plan showing the gross square footage of the buildings, the building construction type, and existing and proposed fire hydrants must be submitted to the Mountain View Fire District for review and approval. (Mountain View Fire Protection District) 3. Prior to issuance of the Certificate of Occupancy: A. A final inspection of each occupancy as well as the core and shell for each building will be required by a member of the Mountain View Fire Protection District. (Mountain View Fire Protection District) 4. Prior to the operation: A. A stormwater discharge permit may be required for a development / redevelopment / construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. (Department of Public Health and Environment) Site Plan Review conditionally approved by:Jacqueline Hatch, Planner 11 Date:August 24, 2005 SPR-387 Home Town Garage Page 6 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 91Y10Street GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 C I FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 3 COLORADO• PHONE: (720) 6524210, Ext. 8730 FAX: (720) 652-4211 July 7, 2005 DBM Consulting LLC Glenn McWilliams 7017 S. Owens Street Littleton, CO 80127 Subject: SPR-387 -Site Plan Review for Warehouse Condos located in the C-3 and I-1 on a parcel of land described as Lots 4, 5, 6 and 7; Block 2 of Western Dairymen Cooperative; located in Section 10, T2N, 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 this time. Our Department will be processing the Site Plan within 60 days upon receipt of the application. You will be notified by this office at the end of the review period regarding the site plan. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Frederick; Town of Firestone; City of Longmont and Town of Mead Planning Commissions for their review and comments. It is recommended that you and/or a representative be in attendance at the Town of Frederick;Town of Firestone;City of Longmont and Town of Mead Planning Commission meetings to answer any questions the Commission members may have with respect to your application. Please call Frederick at 303-833-2388; Firestone at 303-833-3291; Longmont at 303-651-8330;and Mead at 970-5354477,for further details regarding the date, time, and place of these meetings. If you have any questions concerning this matter, please feel free to call or visit our office. Sincerely, f;a4/1-4/"` cq linh Planner II SITE PLAN REVIEW (SPR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: c o Parcel Number / 7✓- / 3 - / O - / - Fj Z �� (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). LOTS "/ 'mum'? 7 , hock 2. Legal Description wesTEt4 P*:t14lbJ cooPEMI,✓E , Section (0,,// 42 Township 2- North, Range ' West Lot/Block: " Zone District: M 7•Up , Total Acreage: S 2- , Overlay District: (c-S S z-0 FEE OWNER(S)OF THE PROPERTY: Name: Lelia LhIerpn%&$ 741.01r,/a.., � Pep: M4.✓ Arer Work Phone; jo9772-320o Home Phone#(3C'3)77k-9242 Email Address 9. re4/j@wco)•co.., Address: Sic A/. Mon Sfr-t4", Surd. A City/State/Zip Code LeK J„ o f Co X 050 Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: WWI Cansbl4;; LUC (RnPn re. nave. G tom- Nlcktkiti s.-r) Work Phone#(50 973-/LS,S4 Home Phone#(303i 5t g-2.353 Email Address Ie,nn.c6n(Q., conc4olme - Address: 700 S. Owen; Sf. City/State/Zip Code t,ffigh , Co 5'0117 PROPOSED USE: WAgri-totis Col.tpoS 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 au rity to sign for the corporation. 6 iv 9S Signature: Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date -3- SITE PLAN CERTIFICATION I (We)hereby certify that the uses, buildings,and structures located on: Lc7T5 y 7/{QoUcq 7 , SLocK. Z t,d(;S (t-2t4 tAiC i EA/ coo* t'41 u (legal description) are designed and will be constructed and operated in accordance with the applicable Performance Standards and District Requirements for the MOP zone district as stated in the Weld County Code and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. • Sig a re of Property Owner r4 The foregoing instrument` was subscribed and swom to before me this C 3 day of J (Ans ti 20O5, by lTleft\ rl mcLai ms WITNESS my hand and official seal. My Commission expires: W bnEaqitSAllh17,1Q'18 Notary Public / pTAR`T • •000 € -4- R L J Architectural Services 4883 West Gill Place, Denver, Colorado 80219 (303 )922-8369 June 28,2005 Department of Planning Services Weld County Colorado South Weld Building 4209 CR.24 1/2 Longmont,CO 80504 RE: GarageTown Del Camino Re-plat&Site Plan Review To Whom It May Concern: GarageTown Del Camino will be a place where people can store all those extra,large items,but as an individual unit owner and a real estate investment.This will include everything from enclosed space for a RV,Boat and Trailer,Antique Cars or Trucks,to some owners may desire to house their small business,such as an electrician wanting to store conduit and wire,and may utilize a small office area(maximum of 10%of the individual unit square footage)for files,desk, computer,telephone,for ordering supplies and taking care of business. Currently,GarageTown Del Camino has 84 individual units planned(a maximum of 100 may be provided depending upon the individual unit widths desired—which typically vary from 16 feet to 24 feet,with some double wide L-shapes at 32 feet).Each unit will have fire sprinklers,heat, and be individually metered electrically,with the meters hidden from primary view between the buildings along the sanitary sewer easement Although GarageTown Del Camino will not have any employees on site(outside of the construction of the buildings),individual unit owners may run a small(family type)business.A "Commons Area"or"Clubhouse"will be provided that will be shared among all users and will included two"unisex"restrooms;a kitchen area with a refrigerator,sink,garbage disposal;and a space for a pool table(or the like),television,a relaxing/leisure space. Additional"General Statements"of compliance are described on Sheet A1.0 of this submittal. Thank you for your consideration. Sincere) _/ Ricky L Johnsen Architect Attachment:Typical Storage Condos Utilization Scenarios at Other Locations Typical Storage Condos Utilization Scenarios at Other Locations: 1. Motor Coach Parking: About 1/2 of the condos will be used for this purpose.Owners will park their RVs and use optional 30amp shore power to recharge the electrical system or perhaps nm an air conditioning unit.The remaining space of the RV units will be primarily used for staging travel and might include things as refrigerators,freezers and shelving. 2. Boat,Trailer,Motorcycle,Etc.Parking: Similar to the utilization above,only these units will typically have numerous recreational vehicles and contain other types of traditional storage to utilize the`leftover' space. 3. Classic Car Storage/Hobby: Several owners have classic cars and plan to utilize the space as an area to store and work on their hobbies.These activities typically include detailing the autos. 4. Traditional Automobile Storage:Several owners have expressed an interest in acquiring auto storage lifts enabling them to store one car over another,and storing four or more cars in a designated unit. 5. Small Business Storage: a. Landscaper. One owner has a 24' wide unit in which he would lilts to store his two trucks and trailers that haul landscaping equipment Seasonally used equipment,such as snow plows and various landscaping tools would also be stored in this location. b. Fundraising:One owner is a school fundraiser and intends to keep his perishable goods in a large walk-in freezer.He would receive deliveries on a weekly basis and store his bulk items until he can distribute them in his pick-up truck. c. Contractors: These owners would like to use their units to store their equipment and inventory in as well as their one or two company trucks.This allows them to equip their vehicles as needed,buy inventory items at discount quantities,and store the unused tools and equipment in a secure location. d. Light Metal Fabricating:One of our owners has several small,completely enclosed metal machines that lathe and shape metal,etc.He fabricates small pieces and ships them out. e. Video Editing Site:Two owners would eventually tike to bring some equipment into their unit and make a video editing suite for the small business they run out of Parker.The operation would most likely consist of a couple of computers and monitors on tables. 6. Renters: Some of the facility will be leased out,i.e.,owners will rent units)they have to others. Accordingly,most of these individuals will not know to whom they are going to lease to at the time of CO. The owners sign an affidavit of intended use at closing and, if necessary,register the new use at the time they rent the unit out. ........., P E PICKETT June 3, 2005 ENGINEERING, INC. Glenn McWilliams DBM Consulting,LLC 10497 W. Centennial Rd. Littleton, Colorado 80127 Re: WDCI RV Storage,Lots 4, 5,6 and 7,Block 2 PEI No. 05-037 / i 4 Dear Mr. McWilliams: We have completed the drainage analysis for Lots 4, 5, 6 and 7,Block 2, for the Western Dairyman Cooperative Inc. (WDCI)RV Storage. WDCI provides detention for the entire subdivision along its western boundary that is adjacent to Weld County Road 7%3; individual lot owners are not required to provide detention on their properties.Nonetheless, property owners are required to collect and convey their stormwater runoff to ditches adjacent to roadways and to internal lot inlets. The runoff coefficients used in the original design of the WDCI Subdivision were obtained from the 1990 Urban Drainage and Flood Control District, Table 3-1. The runoff coefficients were 0.80 for the 10-year storm and 0.86 for the 100-year storm for industrial land use applications. For the WDCI RV Storage development, the 2001 UDFCD Manual was utilized. The calculated runoff coefficients for Lots 4, 5, 6 and 7 of Block 2 of the WDCI RV Storage are 0.71 for the 10-year and 0.79 for the 100-year storms for industrial land use applications. Therefore, no additional detention will be required for the development. Currently,there are Type C inlets along Stagecoach Road North and Stagecoach Road South, adjacent to Lots 4 and 5 and Lots 6 and 7. In general,the storm runoff generated by the development will be conveyed by the grading of the paved circulation area to trench drains located centrally in the paved circulation areas.From the paved areas,the storm flows will be conveyed along drainage swales to the existing inlets,which will convey the runoff to the existing detention pond. All existing structures and piping used to convey the runoff have been sized for the 100-year storm event. In addition,the proposed trench drains are high capacity and sized for 3000-gpm;they will remain open-ended and will discharge to the proposed swales. Per your direction,curb cuts are proposed to be constructed at the driveways for conveying flooded-paved-area flows that occur when flows exceed the trench drain discharge piping capacity. Should you have any further questions, or if the engineers at the Weld County Public Works Department have any questions, do not hesitate to call. Sincerely, PICKETT ENGI EERI G,I C. / e.-., radley A. Curti , PE Senior Project Engineer/Project Manager BAC/pkg cc: Ric Johnsen, RLJ Architectural Services 808 8th Street -- Greeley, CO 80631 Phone (970) 356-6362 -- Fax (970) 356-6486 le . D , /T/- Page 1 of 2 Weld County Planning Department 'Zug X31 GREELEY OFFICE Mike Geile SEP 2 2 2005 SY2 From: Mikedbm@aol.com RECEIVED GQ Sent: Friday, September 16, 2005 9:48 AM F+ To: Mike Geile Subject: GarageTown Dev. Info Attachments: GarageTown Del Camino.doc; Longmont Site Plan full Clr. no phases.doc Dear Mr. Geile: Over the next several weeks, you will probably be hearing of a proposed Weld County development, with which I am involved, called GarageTown. I wanted to take a moment of your time to familiarize you and your fellow County Commissioners with our project. GarageTown is the latest concept in private storage. It's a first-class storage facility where you actually own it!— 'it' being an over-sized condominium storage unit. It provides an opportunity to build equity while enjoying the privacy and convenience of your own garage. It's yours to use, anytime! The proposed 84-unit site will be located at 3656 Stagecoach Road North, off Highway 119, just west of Interstate 25. Every GarageTown storage condo features a 14' high, automatic overhead door, 16' ceilings, a 36" pedestrian door, an overhead heater, individually-metered electric service, dedicated RV power outlet, full insulation, fluorescent lighting, fire sprinklers, and phone/cable access. Individual units range in size from 16' x 48' to 24' x 56'. Most units being offered measure 20' x 48', which has proven to be the most popular size at other GarageTown locations. Common amenities shared by GarageTown owners will include two restroom facilities, a clubhouse for owners' use, 65' drive aisles, trash service, and access to potable water. And, unlike some similar condo storage facilities around the state, there is no land lease tied to a GarageTown Condo. My partner Glenn Mcwilliams and I have been involved with two other similar projects in the Denver metropolitan area, and GarageTown is currently building additional sites in multiple Pacific Northwest locations. The plans is to take the concept national over the next several years. Regarding use, we have found that typically: ✓ Approximately 35-40% of units are purchased by owners of large motor coaches. ✓ Approximately 30-35% of units are owned by car collectors, boat owners, hobbyists, investors, and owners of similar 'toys.' ✓ Approximately 25% of units are owned or occupied by small businesses. These businesses primarily include distribution warehousing, contracting, and route sales operations. (Retail businesses are not allowed in these units.) If you have the time and interest, I have attached the proposed site plan for the proposed Del Camino site, as well a price and amenities list. You can see images of similar sites by visiting www.GarageTown.com. Mr. Geile, thank you for taking the time to review this information. We are currently working with the Weld Count Department of Planning and anticipate this project moving forward over the next several weeks. We would appreciate any support you can provide as we advance through the process. If you have any questions, please contact me via email or at 303-973-1255. Sincerely, 9/19/2005 Page 2 of 2 Mike Ard DBM Consulting Inc. Colorado's GarageTown Provider 9/19/2005 R L J Architectural Services 4883 West Gill Place, Denver, Colorado 80219 (303 )922-8369 September 12,2005 Ms. Jacqueline Hatch Department of Planning Services Weld County Colorado South Weld Building 4209 CR.24 1/2 Longmont, CO 80504 RE: GarageTown Del Camino Re-plat&Site Plan Review(SPR-387) Landscape Design Conformance Letter Dear Ms. Jacqueline Hatch: This letter is to summarize how this project conforms to the Weld County Code Section 26-2-70.B. The actual text of the code section has been included for convenience, followed by how each requirement has been integrated in to this project. Sec.26-2-70.Landscaping regulations. B.Design Criteria. 1. Landscapes shall utilize the following principles for maximum use of water: (a)well-planned and approved planting schemes; (b)appropriate selection of drought-tolerant turf species to minimize water needs and the use of water-hungry species of turf; (c)mulch to reduce evaporation; (d)zone plant groupings according to their microclimatic needs and water requirements; (e)improvement of the soil with organic matter if needed; (f)efficient irrigation design;and(g)proper maintenance and irrigation scheduling. Integration: (a) Sheet L1.0 is included for approval and includes evergreen species along the north side of the project to help protect north side man-doors, ornamentals are also used along the perimeter(especially along the residential). (b) Grasses (turf) have been selected as Colorado native grasses that are conditioned to local climate (see L1.0 note 3). (c) Mulch is provided adjacent to the buildings. (d) Trees are grouped together to provide a more pleasing/natural distribution. (e) The soil will be amended, as required (see L1.0 note 7). (1) The irrigation will be designed with water efficiency in mind (see L1.0 notes 1 thru 5).(g) Additional notes have been added with regard to maintenance 2. Landscapes shall consist of a variety of species.A partial list of plant materials that are native or adapted to Colorado's Front Range is included in Appendix 26-G. Plant materials that are discouraged within this area include: a. Cotton-bearing cottonwoods(Populus). b. Siberian and Chinese elm((Emus). c. Tree of Heaven(Allianthus). d. Russian olive(Eleagnus angustifolia). e. Purple loosestrife(Lythrum salicaria). Integration: All species have been selected from the published CNGA (Colorado Nursery & Greenhouse Association) "Planting Guides" Most are also listed in Appendix 26-G. None of the discouraged plants materials will be provided. 3. Buildings and parking areas shall be located to preserve and promote the health of existing trees. The applicant shall be responsible for locating and preserving, where feasible, all individual trees of four-inch caliper in size or larger, and massed groups of small trees. Before construction, the following precautions shall be taken to preserve quality trees: a. The applicant shall submit to the Department of Planning Services a detailed landscape plan delineating the existing and proposed trees, shrubs, ground covers, natural features such as rock outcroppings and other landscaping elements.The plan shall show where landscaping exists or will Page I of 2 be located, along with planting and construction details. Where existing plantings are to be retained, the applicant shall include in the plans proposed methods of protecting the plantings during construction. b. The applicant shall demonstrate to the Department of Planning Services that the maximum possible landscaping was preserved or relocated through the development process. c. Heavy equipment shall be kept at least five (5)feet from tree drip lines to prevent tree roots from being damaged. Integration: Existing trees or other natural rock outcroppings are not present on this site. 4. Whenever the use of the property to be developed or redeveloped will conflict with the use of adjoining property, there shall be an opaque planted screen between the two (2) properties. The screen shall moderate the impact of noise, light,aesthetic concerns and traffic. Integration: The adjoining property is not yet developed. A landscaped buffer is provided along the south side of this development to help cushion the transition to residential (the residential side includes screening. 5. All landscapes shall strive to maximize the use of native species. Where native material is not appropriate for the intended use or appearance, plant species that are regionally adapted and noninvasive shall be used. Integration: All species have been selected from the published CNGA (Colorado Nursery & Greenhouse Association) "Planting Guides". 6. Fescue, brome/fescue or other turf types shall be used in lieu of bluegrass where heavy foot traffic is not anticipated. Seeding versus sodding of all turf types is preferred when the growing season allows for adequate germination and establishment of the turf to sufficiently control erosion. Integration: Grasses have been selected as Colorado native grasses and will be seeded (see L1.0 "Planting Schedule"table). 7. Landscape areas shall be configured to maximize their interconnectivity within the site, to natural areas and to landscape areas within existing or future adjacent development. Small isolated islands of landscaping except as required in parking lots and for screening along roadways shall be avoided. Open space shall be provided where significant natural features exist. Integration: Landscaping is provided around the perimeter of the project and trees are provided at a rate of 1 per 40 feet of street frontage (but grouped together). Some (seven) 1 %"to 2"caliper Ornamental trees have been substituted for the 2 X"caliper deciduous tree requirement. These comments and responses are intended to satisfy all concerns relating to the approval of the landscape plan. Should any concerns or comments need further consideration, please don't hesitate to contact me. Sincerely, Ricky L Johnsen Architect Cc: Glenn McWilliams/DBM Consulting,Inc. Page 2 of 2 R L J Architectural Services 4883 West Gill Place, Denver, Colorado 80219 (303)922-8369 September 16,2005 Ms.Jacqueline Hatch Department of Planning Services Weld County Colorado South Weld Building 4209 CR. 24 1/2 Longmont, CO 80504 RE: GarageTown Del Camino Re-plat& Site Plan Review(SPR-387) Dear Jacqueline: This letter is in response to The Weld County Administrative Review dated August 24, 2005 for the above referenced project. The original review comments have been included for your convenience, followed by the response of how the specific issue has been addressed. 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services'satisfaction: A. The applicant shall submit a waste handling plan, for approval, to the Environmental Health and Services Division of the Weld County Department of Public Health 8 Environment. Evidence of approval shall be submitted to the Department of Planning Services. The plan shall include at a minimum,the following: 1. A list of wastes which are expected to be generated on site(this should include expected volumes and types of waste generated) 2. A list of the type and volume of chemicals expected to be stored on site 3. The waste handler and facility where the waste will be disposed(including the facility name,address and phone number).(Department of Public Health and Environment) Response: Completed. A Waste Handling Plan has been submitted to the Environmental Health and Services Division of the Weld County Department of Public Health &Environment. B. The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection • District, as stated in the referral response received July 27, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services.(Department of Planning Services) Response: Completed. Please see the attached email from Mountain View Fire Protection District on September 9, 2005, and attached letter dated September 1, 2005 C. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Health and Environment letter dated August 1, 2005 have been met. (Department of Planning Services) Response: Completed. Please refer to Item A above, and the additional notes on the drawings as required by Item K below. D. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Works letter dated August 19, 2005 have been met. (Department of Planning Services) Response: Glenn McWilliams and Peter Schei held a meeting on September 15, 2005. The easterly curb cuts have been reduced and the access from the east side of Building I to the east side of Building 4 has been replaced with parking. Peter indicated that he will follow-up with an approval letter/email. E. The applicant shall contact the Weld County Department of Public Works to discuss the storm water management plan prepared by Pickett Engineering. The applicant shall submit written evidence of the Department of Public Works approval to the Department of Planning Services (Department of Planning Services) Page 1 of 6 Response: Complete. Please see Item D above. Additionally, at the requested of Peter Schei, general note 24 has been added to Sheet A1.0 for drainage conformance. F. The applicant shall provide evidence to the Department of Planning Services, both graphically and written, stipulating compliance with Section 26-2-70.B of the Weld County Code (landscaping requirements and standards). (Department of Planning Services) Response: Completed. Please see attached Landscape Plan (L1.0) and requested letter from RL.I Architectural Services dated September 12, 2005, outlining each requirement contained in Weld County Code Section 26-2-70.B and how it has been incorporated into this project. G. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the Restrictive Covenants and Condominium Owners Association Incorporation paperwork for Home Town Garage. Any changes requested by the Weld County Attorney's Office and Department of Planning Services shall be incorporated. The Restrictive Covenants for Home Town Garage 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) Response: Completed. Two copies of the Restrictive Covenants and Condominium Owners Association Incorporation were submitted to the planning department on September 6, 2005. One copy was to be forwarded to the Weld County Attorney's Office. H. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all landscaping, transportation (access drive, parking areas, etcetera)and non-transportation(plant materials,fencing,screening,water,signage etcetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Site Plan Review plat. Or the applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) Response: The applicant is in the process of preparing this agreement. It is anticipated that the Private Improvements Plan will be submitted the week of September 19, 2005. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled Site Plan Review SPR-387. (Department of Planning Services) Response: Completed. Each sheet has been so labeled. (Please see attached drawings). 2. The Site Plan Review Map shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. (Department of Planning Services) Response: Completed. Requested modifications have been incorporated to the Site Plan Review Map. (Please see attached drawings). 3. The site shall include 15% of landscaped area per section 26-2-50 of the Weld County Code. (Department of Planning Services) Response: Completed. The actual design is 16.1% of landscape area. (Please see calculations on sheet L1.0). 4. The plat shall be amended not to include Lots 3 and 8 along with the future buildings. (Department of Planning Services) Response: Completed. Lots 3 and 8 have been removed from all sheets. (Please see attached drawings). 5. The vicinity map shall be delineated on the plat in compliance with Section 23-2-160.V.6 of the Weld County Code. (Department of Planning Services) Response: Completed. The vicinity map has been revised to be 1:2000 scale and relocated on the sheet. (Please see sheet A1.0). 6. The plat shall be amended so that none of the structures are located within the 10'offset area or the 25'setback area. (Department of Planning Services) Response: Completed. The building locations have been adjusted so the roof overhangs do not cross into the setback or offset requirements. (Please see sheets A1.0 and L1.0). However, the gutters and downspouts may extend into these areas per county definitions. 7. The approved fire hydrant locations shall be delineated on the Site Plan as agreed upon with the Mountain View Fire Protection District.Evidence of approval from the Mountain View Fire Protection District shall be submitted to the Department of Planning Services. (Mountain View Fire Protection District) Page 2 of 6 Response: Completed. The five perimeter fire hydrant locations have been added to the Site Plan. (Please see sheet A1.O). Evidence of approval from Mountain View Fire Protection District has been submitted via email on September 9, 2005 8. The vehicle parking and office area shall adhere to the Off-street Parking and Loading Requirements, per Sections 23-4-20.B,23-4-30.A,Appendix 23-A,23-4-30. and 23-4-50 of the Weld County Code. (Department of Planning Services) Response: Parking has been redesigned to show parallel parking in front of each of the sectional roll-up doors, along with 12 additional spaces throughout the site (for a total of 112 Parking spaces, see sheet A1.O). The parallel parking varies in length from 16 to 24 feet, and based on past efficiency of this parking design, we are requesting an Administrative Interpretation from you allowing this parking configuration in lieu of the 23 feet indicated in Appendix 23-A. Additionally, the four parking spaces shown on the east side of the property have been shifted further west. And, while they are still within the setback, it is our interpretation that screening per 23-4-2O.B. is not required since parking within the 25'Setback is not adjacent to properties zoned R-1, R-2, R-3, R-4, or R-5. 9. The applicant shall provide one hundred and four (104) parking stalls for this facility of which five must meet the requirements of the Americans with Disabilities Act. The dimensions of the parking stalls shall adhere to Section 23-4-30.B,Appendix 23-A of the Weld County Code. This site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20)feet by eight (8)feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight(8)foot aisle. An accessible path shall be required from the building to the public right-of-way. Further, the ramps from the parking area shall identify a landing area for non- ambulatory users of this facility.(Department of Planning Services) Response: Please see response to Item 8 above. In addition,please note that any(or all) of the 84 individual units could be designated as ADA accessible. As such, ADA Accessibility Guidelines Appendix B, Section 2.2, entitled "Equivalent Facilitation' states: "Departures from particular technical and scoping requirements of this guideline by the use of other designs and technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the facility" Because the 100 parking spaces provided in front of the units meet or exceed the ADA space requirements when parked perpendicular (although parallel parking is encouraged), this configuration does, in fact, provide substantially greater access and usability of the facility. Therefore, it is our contention that none of these spaces should be required to be striped or signed. And since, of the 12 additional parking spaces provided, one is specifically designated as ADA Van Accessible, that should be sufficient to meet the ADA parking/striping requirements. An accessible path is provided from the public right of way (as well as from the designated ADA parking space) to the buildings common area (tower) with ADA compliant restrooms. A note has been added to the drawings indicating the landing area for non-ambulatory users (see sheet A1.O). We hereby request an Administrative Interpretation from you allowing this parking configuration. 10. The applicant shall delineate the location of all curb stops in the parking areas per Section 23-4-30.D of the Weld County Code.(Department of Planning Services) Response: The applicant hereby requests an Administrative Interpretation to from you to allow parking provided in the drive aisles without curb stops. Additionally, steel bollards, installed near the borders of every unit, will serve as visual stops as well as further delineation of parking limits. 11. The applicant shall delineate curb,gutter and sidewalk consistent with Section 23-2-150.K,Sec.26-2- 80.C, and Sec. 26-3-160,O of the Weld County Code and per the recorded Western Dairymen Cooperative PUD(PF-431)on January 21,1998.(Department of Planning Services) Response: Completed. All parking areas have been designed in accordance with the geotechnical report prepared by Terracon, dated June 7, 2005. (Please see attached report). 12. On-site circulation shall be described and detailed on the site plan as approved by the Department of Public Works. Evidence of approval shall be submitted to the Department of Planning Services. The Page 3 of 6 wide accesses onto Stagecoach Road South shown for buildings 1 &4 must be limited in width to reduce the points of traffic conflict along Stagecoach Road South. (Department of Public Works) Response:Complete. The access curb-cuts have been reduced by approximately 96 feet (please see sheet A1.0). Also,please see Item D above. 13. The applicant shall verify that all offsets and setbacks have been met. Written evidence of compliance shall be submitted to the Department of Planning Services. (Department of Planning Services) Response: Completed. Please see the response to Item 6 above and sheets A1.0 and L1.0. Also, a general note(please see Item K.1 below)has been added to sheet A1.0. 14. The applicant shall adhere to the lighting requirements and standards for off-street parking spaces per Section 23-4-30.E, Section 23-2-250 and Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) Response: Completed. Wall-mounted lighting locations and a "cut-off" light fixture detail have been added to the drawings. (Please see sheet A1.0). 15. The applicant shall delineate the location and type of the trash enclosure and screening, in accordance with Section 23-3-250.A.6 of the Weld County Code.(Department of Planning Services) Response: Completed. The two trash enclosures have been further defined. (Please see sheet A1.0). 16. The applicant shall submit a plan describing any proposed on-site signs. Any proposed sign shall adhere to Sections 23-4-100, 23-4-110 and 26-2-90 of the Weld County Code. The applicant shall apply for and receive a building permit for all proposed signs. (Department of Planning Services) Response: Completed. The signage has been further defined. No monument signage is proposed.(Please see sheet A3.0). J. The applicant shall include in the Landscape /Screening Plan in accordance with Section 23-3-250.A.5 and Section 26-2-70,delineating the following information: 1. An installation schedule which specifies when the landscaping will be installed on site. (Department of Planning Services) Response: Assuming that the current construction schedule will be maintained with an October 24`h ground-breaking, landscaping is scheduled to be installed on the site approximately March 24, 2006. 2. A Plant Material List specifying the Botanical and Common names of all plant material to be installed; the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Department of Planning Services) Response: Completed. The "Planting Schedule/Symbol Legend" has been included and made more conspicuous. (Please see sheet L1.0). 3. A landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on-going and shall not end upon final acceptance by the Department of Planning Services. (Department of Planning Services) Response: Completed. Regulations as to maintaining this facility are detailed in the Restrictive Covenants and Condominium Owners Association Incorporation. Specifically, the Board of Directors of the Condo Association has been charged with the responsibility of site common area maintenance. (Please see Article 11, section D.J.c,e and f. Furthermore, past experience has demonstrated that since this facility will be privately owned, there is a 'pride of ownership' component at work as well as the desire to maintain or increase property values on behalf of the owners. 4. The method of native grass planting shall be called out as drilled or broadcast and applied at a rate of how many pounds per acre,and/or pounds per square foot (Department of Planning Services) Response: Completed. The "Planting Schedule/Symbol Legend"has been included and made more conspicuous. (Please see sheet L1.0). K. The following notes shall be placed on the plat: Response: All notes have been added to the drawings as specified in the review (please see sheet A1.0) with the exception of item #2, which has been modified and submitted for approval. 1. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. Page 4 of 6 2. In the event that a portion of the building is proposed to be leased or sold to another party in the future and is a different use than listed in item 19 below,the applicant shall submit an executed copy of the Affidavit of Intended Use of-the-leased--pertien to the Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services)Please note: An Affidavit of Intended Use form has been submitted to the Department of Planning Services for forwarding to the Weld County Attorney for review. An Affidavit of Intended Use, executed by each unit owner(s,) is a component to every unit sales transaction. The applicant is requesting that only uses that deviate from the approved uses become subject to further Weld County review and processing. Internally, pursuant to the Restrictive Covenants, all copies of all sales agreements and leases will be maintained by the property manager on behalf of the Condo Association Board of Directors. 3. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed,erected,constructed, reconstructed, moved or structurally altered or operated in the Commercial and Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100, C.R.S.,as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination.(Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.,as amended.(Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes. (Department of Public Health and Environment) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 9. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 10. Adequate hand washing and toilet facilities shall be provided. (Department of Public Health and Environment) 11. The facility shall utilize the existing municipal sewage treatment system. (Saint Vrain Sanitation District)(Department of Public Health and Environment) 12. The facility shall utilize the existing public water supply. (Left Hand Water District) (Department of Public Health and Environment) 13. All potentially hazardous chemicals must be store and handled in a safe manner in accordance with product labeling an in a manner that minimizes the release of hazardous air pollutants(HAP's)and volatile orgaric compounds(VOC's). (Department of Public Health and Environment) 14. If applicable,the applicant shall obtain a Colorado Discharge Permit System or COPS permit from the Colorado Department of Public Health and Environment,Water Quality Control Division. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. Landscaping materials as indicated in the approved Landscape/Screening Plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time.(Department of Planning Services) 17. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 18. No outside storage shall be permitted on site. (Department of Planning Services) Page 5 of 6 19. The site is to be utilized for storage and warehousing only with offices as an accessory use to the storage and warehousing. (Department of Planning Services) 20. No resale shall be permitted from the site. (Department of Planning Services) 21. The sprinkler systems shall not be obstructed. (Mountain View Fire Protection District) 22. The structures shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. (Department of Planning Services) 23. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 2. Prior to the release of building permits: A. Building construction plans and a final site plan showing the gross square footage of the buildings,the building construction type,and existing and proposed fire hydrants must be submitted to the Mountain View Fire District for review and approval. (Mountain View Fire Protection District) Response: The applicant will submit these plans directly to Mountain View Fire Protection District. 3. Prior to issuance of the Certificate of Occupancy: A. A final inspection of each occupancy as well as the core and shell for each building will be required by a member of the Mountain View Fire Protection District. (Mountain View Fire Protection District) Response: The applicant is requesting that each separate building be granted a certificate of occupancy providing blanket approval based on the site being utilized as storage and warehousing only with offices as an accessory use to the storage and warehousing. As mentioned above, an Affidavit of Intended Use, executed by each unit owner(s,) is a component to every transaction, legally assuring that occupancy will comply with the approved use. The applicant is requesting that only uses that deviate from the approved uses are subject to Mountain View Fire Protection District review. 4. Prior to the operation: A. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area.The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdohe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements.(Department of Public Health and Environment) Response: The applicant has filed for a waiver of this permit. • Jacqueline, I sincerely hope that these comments and responses have satisfied the concerns relating to the approval of the site plan review process. Should any items require further consideration, please don't hesitate to contact Glenn McWilliams or me. Thank you for your assistance in acquiring the final approval. Sincerely, Ricky L. Johnsen Architect Cc: Glenn McWilliams/DBM Consulting, Inc. Page 6 of 6 Page 1 of 1 Ric From: LuAnn Penfold [Ipenfold@firehousemail.com] Sent: Friday, September 09, 2005 12:54 PM To: jhatch@co.weld.co.us Cc: Ric80219@msn.com; glenn.dbm@comcast.net Subject: Garage Town Del Camino Jacqueline: RLJ Architectural Services has sent me a letter that has addressed my concerns (outlined in my letter dated 7-27- 95)with regard to this project. SPR-387 and 2nd AmPF-431. Please let me know if you need formal correspondence. LuAnn Penfold ********************* THE WEB'S SOURCE FOR FIRE SERVICE TRAINING Drill Downloads, Live Events, Article Features&More http://www.firehouse.com/training/ GET THE BEST FIREFIGHTING CONTENT&FEATURES Join Firehouse.com's MembersZone Today http://cms.firehouse.com/launch/ 9/16/2005 R L J Architectural Services 4883 West Gill Place, Denver, Colorado 80219 (303 )922-8369 September 1,2005 Ms. Lu Ann Penfold Mountain View Fire Protection District 9119 E County Line Rd Longmont,CO 80501-8955 RE: GarageTown Del Camino Site Plan Review&Re-plat (Weld County#SPR-387&2"d AmPF-431) Dear Ms. Lu Ann Penfold: This letter is intended as a response to your comments(Mountain View Fire Protection District Letter dated July 27,2005). As you are aware,we have subsequently met at your office about this project(on August 2,2005)and I believe we have addressed all of your concerns at that meeting. This letter summarizes the solutions discussed: • Inspection Issues- 1. A Grand Master Key System will be provided,which will include an access key for the Fire Department located in a Mountain View Fire Protection District approved knox box(purchased through Mountain View Fire Protection District)near the tower element/clubhouse. 2. The t1OA(Unit Owners Association)has the requirement to allow Mountain View Fire Protection District access to each individual unit on an annual basis. A current list of owners will be maintained by the property manager and will be available to your department. • Fire Hydrant Locations: 1. All local fire hydrant locations are now shown on the Site Plan Map. This includes a total of 5 fire hydrants near the site,which provides for appropriate coverage well within the 450'requirement.No new fare hydrants are anticipated. • Fire Apparatus Access: 1. The majority of the site between buildings will be asphalt paved,providing owners access to their individual unit,as well as Fire Department access throughout the site. The anticipated section(and recommended by the soils engineer)will be 4 inches of Asphalt Concrete Surface over 7 inches of Aggregate Base Course on compacted imported soil. 2. No perimeter gates,fences,or other"walled"security devices,that would inhibit Fire Department access to this facility are currently planned. Page 1 of 2 • Building Construction Plans Approval. I. One Set of Construction Plans(not required to be signed&sealed by architect/ engineers)will be submitted directly to Mountain View Fire Protection District for approval. • Final Inspection: 1. The project is defined as S-1 (Moderate Hazard Storage)under the 2003 I.B.C.(I understand that Mountain View Fire Protection District is currently under the 1997 U.F.C. but will accept the 2003 I.F.C.as an Alternate Method).The building permit will be for each entire building(no separate tenant finish permits are anticipated at this time). The UOA will require individuals that desire any other structural improvements to submit for a separate permit(which requires a submittal to Mountain View Fire Protection District).A Certificate of Occupancy will be required before individual owners can move in to their unit,but the UOA requirement of annual inspections provides Mountain View Fire Protection District the authority to access the unit after occupancy. Fire Alarm System: In addition to your above referenced concerns,we also discussed that the Fire Alarm System would require an external horn&strobe located above each Riser Room door (located around the perimeter of the property,total of 6 locations for 6 buildings).Pull stations will be located along the aisles(sectional door side)of each building. The main Fire Alarm panel can be located in the main Riser Room located near the tower,with sub-panels at each of the other 5 buildings. Individual units will not require horn&strobes. The Fire Alarm System will be generally shown in the Construction Plans,with a deferred submittal once the Fire Alarm Specialty Contractor is selected(similar to the Fire Sprinkler Specialty Contractor). I believe this letter summarizes all items discussed and has addressed your concerns with regard to the Site Plan Review and Re-plat. Please don't hesitate to contact me should you feel any of these items are not represented to your satisfaction,or should you have any other concerns.Thank you for your consideration and I look forward to continuing working with Mountain View Fire Protection District as we go forward with this project. Unless you have any other concerns at this time,please provide Jacqueline Hatch/Department of Planning Services/Weld County Colorado with your acceptance of these solutions and satisfaction of the Site Plan Review and Re-plat. Sincere ,. .kC Cy L J sen /Architect CC: Glenn McWilliams/DBM Consulting,LLC Jacqueline Hatch/Department of Planning Services/Weld County Colorado Page 2 of 2 Page 1 of 2 Jacqueline Hatch From: Lee Morrison [Imorrison@co.weld.co.us] Sent: Monday, October 03, 2005 4:59 PM To: Jacqueline Hatch Cc: Kim Ogle Subject: RE: Thoughts? Importance: High I thought I had conveyed my approval of the applicant's approach to you . I did talk to an applicants rep. In fact, it makes more sense than attempting to review leases to check for occupancy types since the lease may not describe the use . They indicated it was adapted from another jurisdiction La D. Hcn4Lsoi Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80632 (970)356-4000 x 4395:FAX 352 0242 This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient,please reply and delete your copy of this message." From: Jacqueline Hatch Sent: Monday, October 03, 2005 3:26 PM To: Lee Morrison Subject: Thoughts? Lee, good afternoon I forwarded onto you a copy of a Declaration of Garage Town Storage Condominiums and Affidavit of Intended Use form for you to review. (Storage units in the MUD) The applicant wishes to change the language of the following condition on the Site Plan Review to reflect the Affidavit of Intended Use form. What are your thoughts? Our note states In the event that a portion of the building is proposed to be leased or sold to another party in the future, the applicant shall submit a copy of the lease of sales agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application The applicant is proposing In the event that a portion of the building is proposed to be leased or sold to another party in the future and is a different use than listed in item 19 below, the applicant shall submit an executed copy of the Affidavit of Intended Use to the Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. Item 19 states The site is to be utilized for storage and warehousing only with offices as an accessory use to the storage and 10/03/2005 Page 2 of 2 warehousing. Overall, do you have any concerns with the Declaration of Garage Town Storage Condominiums and/or the Affidavit of Intended Use? and do you see any issue in changing our language? THANKS Lee 10/03/2005 Garage Towusa n Affidavit of Intended Use -. s Regarding: GarageTown Del Camino Condominium Storage 3656 Stagecoach Road North Longmont,Colorado The undersigned owner(s) of GarageTown Del Camino Condominium Storage Unit# does hereby acknowledge the subject storage condominium unit will be used only for purposes allowed by the condominium declaration and the building codes and zoning requirements of Weld County, Colorado. Any future changes to the allowed storage/warehouse and accessory office use,including but not limited to the following items will require a new Weld County site plan review with the Planning Department AND a revised"certificate of occupancy"for the new use or alteration: • Change in use from storage/warehouse with accessory(10%)office. • Change in occupancy(may include changing of tenants). • Storage systems designed for stacking over 12' in height. • Overhead lofts of any kind. • Office space construction or build-out. • Any changes to the electrical systems. • Any changes to the plumbing systems. • Any changes to the mechanical systems. • Any changes to the fire sprinkler system. • Any other change that physically alters the unit or alters the allowed unit use. Please contact the Weld County Planning Department with any permit requirement questions regarding planned changes in use or proposed alterations to the unit. Unit Owner Signature Date Unit Owner Signature Date DBM Consulting, LLC Design • Build • Manage September 19, 2005 Ms. Jacqueline Hatch Department of Planning Services Weld County Colorado South Weld Building 4209 CR. 24 1/2 Longmont, CO 80504 RE: SPR-387 - GarageTown Del Camino—Stormwater Mgt. Plan—Discharge Permit Dear Jacqueline: Attached is a letter from State of Colorado—Department of Public Health and Environment, Water Quality Control Division dated September 16, 2005 granting a Rainfall Erosivity Waiver for the above referenced project. While this waiver is conditioned upon the project's"R-Factor"remaining at or below a value of five (5),we anticipate no substantial changes in the schedule or acreage of the project. Nonetheless, we will monitor the R-Factor throughout the project and be prepared to submit a Stormwater Management Plan should one become necessary based upon the requirements of the State. I trust this resolves Item #4 presented in your August 24, 2005 letter regarding SPR-387. Sorry to get this to you in piecemeal fashion. Let me know if we should include this in a"master" response letter. Thank you for your time and effort reviewing our project. Sincerely, Glenn S. cWilliams DBM Consulting, LLC Exclusive Builder of 6araueTewn Locations in Colorado P.O. Box 271047 Littleton, CO, 80127 303-973-1255 Fax: 303-973-3754 STATE OF COLORADO Bill Owens,Governor Douglas I-I.Benevento,Executive Director .0f*Cot.o Dedicated to protecting and improving the health and environment of the people of Colorado rteaaal' 6 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division * 2 4.9 Denver,Colorado 80246-1530 8100 Lowry Blvd. *x• �,* 1876 Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health httpJ/www.cdphe.state.co.us and Environment September 16,2005 Glenn McWilliams,Managing Partner DBM Consulting,LLC PO Box 271047 Littleton, CO 80127_ RE: Stormwater Discharge Permit—"Rainfall Erosivity Waiver"Exclusion Garage Town—Del Camino Weld County Dear Mr.McWilliams; The Water Quality Control Division(the Division)is in receipt of the Rainfall Erosivity Waiver for Exclusion from CDPS Stormwater Permitting for Small Construction Projects(Less than Five Acres)for the above-referenced facility. The Division has reviewed your application and,given the information provided,is in agreement that permit coverage is not required for this facility. A Stormwater Management Plan(SWMP)is not required by the Division for small construction projects that qualify for the Rainfall Erosivity Waiver. However,a project operating under the waiver may still be held liable if stormwater discharges from construction activities cause or threaten to cause pollution,contamination or degradation of State waters. For this reason,the pennittee must still develop and implement stormwater Best Management Practices as needed to protect water quality.The Division has a guidance document available on construction SWMP preparation at httu://www.cdphe.state.co.us/wq/PermitsUnit,or call 303)692—3517. A stormwater discharge permit is required if the project's R-Factor ever becomes greater than 5 due to changes, or anticipated changes,in the project's schedule. Also,if the project or common plan of development or sale exceeds, or is anticipated to exceed, 5 acres of disturbance,the project no longer qualifies for the Rainfall Erosivity Waiver. If a project's anticipated schedule changes such that the Project R-Factor would be greater than 5 or the disturbance exceeds 5 acres,the discharger would be in violation of the regulation,and permit coverage must be obtained. The applicant is responsible for periodically assessing their project to assure that they still qualify for the Rainfall Erosivity Waiver,and applying for the appropriate permit if needed due to changing conditions. If you have any further questions,please call me at(303)692-3575. Sincerely, Matt Czahor Environmental Protection Specialist Permits Unit WATER QUALITY CONTROL DIVISION cc: File Copy Page 1 of 1 Jacqueline Hatch From: Charlotte Davis Sent: Wednesday, October 12, 2005 9:38 AM To: Jacqueline Hatch Subject: SPR-387 Jacqueline, I am in receipt of a letter and Waste Handing plan from Mike Ard with DBM Consulting, LLC, dated October 6, 2005. The Waste handling plan submitted has been reviewed and approved. This condition can be removed. All health related concerns prior to recording the plat for SPR-387 have been satisfied. Comments/questions contact me below: Best Regards, Char Charlotte Davis, MPH Weld County Dept of Public Health and Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415 x 2208 Fax(970)304-6411 10/12/2005 Weld County Planning Department GREELEY OFFICE NOV X 2 2005 a MEMORANDUM RECEIVED ITO: Jacqueline Hatch, Planning Department DATE: 1-November-2005 Q FROM: Robert Jacobs,E.I., Public Works De r tt COLORADO SUBJECT: SPR-387,GarageTown Del Camino(Site Plan Review Sign-Off) Weld County Public Works Department has reviewed this Site Plan Review. Comments ❑ The applicant has come to an agreement with Public Works regarding the accesses to Stagecoach Rd.on the east side of the site. ❑ The engineer has submitted stamped, signed and dated construction plan drawings to Public Works, as requested in our referral comments dated 19-August-2005. ❑ The engineer has included on the final, stamped drainage/grading plans the statement that drainage at this site "...adheres to the master drainage plan for the Western Dairymen Cooperative, Inc. PUD",as requested in our referral comments dated 19-August- 2005. Recommendation ❑ The Public Works Department signs off on this site plan review. The Planning Department may proceed with this case,with no restrictions by Public Works. •PC: SPR-387,GarageTown Del Camino(Site Plan Review Sign-Off) Email&Original:Jacqueline Hatch PC by Post: DBM Consulting, LLC PC by Post: Pickett Engineering, Inc. Page 1 of 1 DBM Consulting, LLC Design • Build Manage September 21, 2005 Ms. Jacqueline Hatch Department of Planning Services Weld County Colorado South Weld Building 4209 CR. 24 1/2 Longmont, CO 80504 RE: SPR-387 - GarageTown Del Camino— REQUEST FOR CONCURRENT BUILDING DEPARTMENT REVIEW Dear Jacqueline: We have discussed, and I understand the Weld County procedure for Building Department permit review of projects only after approval and recordation of Site Plan Reviews and Re-Plats is designed to protect the Applicant (me). I understand that if the GarageTown 2"d Am PF-431 is denied (or approved with substantially limiting conditions) by the Board of County Commissioners, we may need to re-design the site and some of the buildings. Further, I acknowledge that if the Building Department has started or possibly has completed its review of the project, possibly even waiting to issue the building permits only until the SPR-387 and Re-Plat-431 are completed and recorded when we receive word that we need to change the plan, there will be additional costs associated with reviewing the project twice. I understand and agree that these additional costs must be bourne by the Applicant, and will therefore be my responsibility. With all of the foregoing facts stated and understood, I hereby request that the Planning Services Department release the Building Department to review our construction drawings in spite of the likelihood that the Re-Plat and SPR will not have been completed and recorded by the time we submit for a permit—probably within the next 10 days to two weeks. Jacqueline, please forward this request to the appropriate person in your department for consideration. Thank you for your time and diligent effort on this project. I appreciate your and your department's consideration of this request. Please contact me with any questions or for any further information or clarification. Sincerely, Glenn S.McWilliams DBM Consulting,LLC Colorado's Exclusive GaragOTOWO Source P.O. Box 271047 Littleton, CO 80127 303-973-1255 Fax: 303-973-3754 4:27 COPY, DECLARATION OF GARAGE TOWN STORAGE CONDOMINIUMS RECITALS Neighborhood, Inc., an Idaho corporation,hereinafter referred to as"Declarant",holds title in fee simple to the land and buildings legally described on Schedule "A"attached hereto, and by reference made a part hereof, including improvements, appurtenances and other attributes attaching to such buildings and land, hereinafter collectively referred to as "Real Property", and hereby makes the following declarations: A. Declarant hereby submits said Real Property, including all easements,rights and appurtenances thereunto belonging and the buildings and improvements erected or to be erected thereupon to the provisions of the Colorado Common Interest Ownership Act("CCIOA), et seq., as the same may from time to time be amended, hereinafter referred to as the"Act", to be known as"Garage Town Del Camino Storage Condominiums" B. Concurrent with filing of this Declaration, Declarant is filing for record with the Office of Weld County Recorder, State of Colorado, the Survey Map and Plans for the Condominium known as Garage Town Storage Condominiums, hereinafter referred to as "Condominium"; THEREFORE: Pursuant to the Act and other laws of the State of Colorado,and for the purpose of submitting the Condominium to the provisions of the foregoing,the Declarant, being the sole owner of the Real Property,makes the following declaration: It is agreed by acceptance of any form of conveyance, deed, contract for sale, lease, rental agreement, or any form of security agreement or instrument,or any privileges for use or enjoyment,respecting the Real Property and/or any Unit thereof, as defined herein, in the Condominium created by this Declaration,that this Declaration, in conjunction with the Survey Map and Plans referred to in this Declaration, sets forth covenants, conditions,restrictions and reservations affecting a common plan for the Condominium mutually beneficial to the described Units and that the covenants, conditions, restrictions and reservations are binding upon the Real Property and upon the Condominium as a parcel of Realty, and its use, and are also binding upon the Unit Owners or possessors of such described Units, and upon their respective heirs,personal representatives, successors and assigns, through all successive transfers of all or any part of the Real Property or all or any portion of the Condominium or any security interest within same,without requirement for further specific reference or inclusion in deeds, contract or security instruments, and regardless of any subsequent forfeiture, foreclosure or sales of the Condominium or any Units therein. DECLARATION Garage Town Del Camino Page I C:\Documents and Settings\Mke\My Decimators\GT Del Camino Declaration 9.01.05.doc ARTICLE I Definitions Certain terms as used in this Declaration shall be defined pursuant to the Act and are more particularly defined as follows,unless the context clearly indicates a different meaning: 1. "Act" shall mean Colorado Common Interest Ownership Act("CCIOA), C.R.S. 38-33.3-101, et seq., as amended from time to time. 2. "Allocated Interests"shall mean the undivided interest in the Common Areas, the Common Expense liability and votes in the Association allocated to each Unit. 3. "Assessment" shall mean all sums chargeable by the Association against a Unit including, without limitation: (a)regular and special assessments for Common Expenses, charges and fines imposed by the Association; (b)interest in late charges on a delinquent account; and(c) cost of collection, including reasonable attorney's fees, incurred by the Association in connection with the collection of a delinquent Owner's account. 4. "Association" shall mean the Association of the Owners of the Units organized as a Colorado non-profit corporation acting as the group pursuant to this Declaration,to the Bylaws for such Association and to the Act. The Association shall be called"Garage Town Storage Condominium Owners,Inc." 5. "Board of Directors"and"Board" shall mean the group of individuals appointed by Declarant or elected by the Association, who shall govern the Association and manage and administer the Condominium in accordance with this Declaration,the Bylaws and the Act. 6. "Bylaws"shall mean the Bylaws of the Association as initially adopted by the Declarant and as amended from time to time by the Association in accordance with this Declaration,the Bylaws and the Act. 7. "Common Areas or Elements"shall mean all portions of the Condominium other than the Units, specifically as provided in Article V and as limited by Article VI of this Declaration. 8. "Common Expenses"shall mean the expenditures made by, or financial liabilities of,the Association,together with any allocations to reserves. 9. "Common Expense Liability"shall mean the liability for Common Expenses allocated to each Unit pursuant to Article XII. 10. "Condominium"shall mean the Real Property, portions of which are designated for separate ownership("Units")and the remainder of which is designated for common ownership solely by the Owners, all of which is submitted to the provisions of the Act by this DECLARATION Garage Town Del Camino Page 2 C:\Documents and Settings\Mike\My Documents\GT Del Camino Declaration 9.01.05.doc Declaration, including any future Units added to the Condominium as provided in Article II of this Declaration. 11. "Conveyance" shall mean any transfer of the ownership of a Unit, including a transfer by deed or by real estate contract, but shall not include a transfer solely for security purposes. 12. "Declarant" shall mean Neighborhood,Inc., a corporation organized under the laws of the State of Idaho,or any successor or assignee thereof. 13. "Declarant Control" shall mean the right of the Declarant, or persons designated by the Declarant, to appoint and to remove officers and members of the Board of Directors pursuant to Article XI. 14. "Declaration" shall mean this instrument by which the land and buildings described on Schedule"A", including Owner improvements,are established as a Condominium under the Act, including any amendments hereto. 15. "Development Rights" shall mean any right or combination of rights hereinafter reserved by the Declarant to (a)add real property or improvements to the Condominium; (b) create Units,Common Areas and/or Limited Common Areas within the Real Property or within real property added to the Condominium; and(c) subdivide Units or convert Units into Common Areas. 16. "Dispose"or"Disposition"shall mean a voluntary transfer or conveyance to a purchaser of any legal or equitable interest in a Unit,but does not included a transfer or release of a security interest. 17. "Eligible Mortgagee"shall mean the holder of a mortgage on a Unit who has filed with the Secretary of the Association a written request that such mortgagee be provided with copies of notices of any action by the Association that requires the consent of mortgagees. 18. "Foreclosure"shall mean a forfeiture or judicial or nonjudicial foreclosure of a real estate contract, mortgage or deed of trust,and shall include a deed given in lieu of a foreclosure. 19. "Limited Common Areas"shall mean those portions of the Common Areas which are allocated by Article VI hereof for the use of one or more Units,but fewer than all of the Units,to the exclusion of the remaining Units. 20. "Mortgage"shall mean a recorded mortgage or deed of trust creating a lien against a Unit and shall also mean the vendor's interest in any and all real estate contracts for the sale of a Unit. DECLARATION Garage Town Del Camino Page 3 C:\Documenls and Settings\Milce\My Documents\GT Del Camino Declaration 9.0I.05.doc 21. "Mortgagee"shall mean a bank, savings and loan association, a mortgage company or other entity chartered under federal or state laws and authorized to invest or loan money secured by an interest in real property, or any such federal or state entity or agency, or any other person or entity,holding a mortgage, deed of trust or vendor's interest in a real estate contract affecting the title to a Unit. 22. "Mortgagee of the Condominium"shall mean the holder of a mortgage or deed of trust with respect to the Real Property which this Declaration affects,which mortgage or deed of trust was recorded prior to or contemporaneous with the recordation of this Declaration. The term"Mortgagee of the Condominium"does not include Mortgagee of a Unit,unless the context otherwise requires. 23. "Mortgagee of a Unit" shall mean the beneficial owner or the designee of the beneficial owner, of an encumbrance on a Unit created by mortgage or deed of trust and shall also mean the vendor,or the designee of the vendor,under any and all real estate contracts for the sale of a Unit. Unless otherwise required by the context, where used in this Declaration,the term "Mortgagee of a Unit" includes the"Mortgagee of the Condominium". 24. "Person"shall mean a natural person,corporation, limited liability company, partnership, limited partnership,trust,governmental subdivision or agency or any other legal entity, including but not limited to joint tenancies or tenancies in common. 25. "Purchaser" shall mean any person,other than the Declarant,who by means of a conveyance acquires a legal or equitable interest in a Unit. 26. "Real Property" shall mean the land,the buildings and all improvements and structures now or hereafter placed on the land described in Schedule"A"of this Declaration, and all easements,rights and appurtenances belonging to same,all of which is held by Declarant in fee simple as of the date hereof. 27. "Record"shall mean to file for record with the office of the County Recorder, located in Weld County, Colorado, and/or such other place as this Declaration and the Survey Map and Plans are required to be filed. 28. "Special Declarant Rights" shall mean rights reserved for the benefit of the Declarant to: (a)Complete improvements indicated on the Survey Map and Plans filed with this Declaration; (b) exercise any Development Rights as defined in this Declaration or by any amendment to the Declaration; (c)maintain sales offices, management offices, signs advertising Units in the Condominium for sale and model units; (d)use easements through the Common Areas for the purpose of making improvements within the Condominium, including those additions to the Condominium as may be constructed,as specified under Article XIX; and(e) appoint or remove any officer of the Association or any member of the Board of Directors during the period of Declarant control, as specified in Article XL DECLARATION Garage Town Del Camino Page 4 C:\Documents and Se0mgsVddce\My Documents\GT Del Camino Declaration 9.01.05.doc 29. "Storage Purposes"shall mean use of any Unit for the storage of any item of personal property, as personal property is defined in accordance with the laws of the State of Colorado,whether the same be held for personal or business use,as more fully described and limited in Article VIII. 30. "Survey Map and Plans" shall mean the survey map for the Real Property and a set of plans for the buildings within which the Units are located,which are filed for record in accordance with the Act, including any amendments or supplements. Survey Map and Plans shall also include those survey maps of real property and set of plans for buildings that may hereafter be filed for record pursuant to Article II. 31. "Unit"shall mean a physical portion of the Condominium designated for separate ownership by deed or other proper Conveyance,the boundaries of which are described in Article IV,each of which is also identified in the Survey Map and Plans. 32. "Unit Owner" shall mean any person, including the Declarant, individually or collectively, who owns a Unit or who holds a vendee's interest under any real estate contract of purchase of a Unit,but does not include a person who has an interest in a Unit solely as security for an obligation. ARTICLE II Special Declarant Rights A. Description of Buildings and Project. This Project is for storage facilities and the condominium buildings and Units shall be set on the Property in compliance with this Declaration,the Survey Map and in accordance with the laws and ordinances of the State of Colorado, Weld County and the City of Longmont. 1. Land Described. The land on which the Units and Common Areas of the Condominium are located is described in Schedule "A". 2. Improvements. This Declaration, in combination with the Survey Map and Plans, identifies the Units and Common Areas which are submitted to the provisions of the Act as of the recording of this Declaration and the Survey Map and Plans. These improvements and the Real Property are referred to for purposes of this Article and hereinafter in this Declaration as Improvements. There are eighty-four (84)total Units, as more fully identified in the Survey Map and Plans. 3. Total Density. All of the real property identified in Schedule"A"is permitted to be developed to a total density of eighty-four(84)Units. It is the intention of the Declarant to proceed with such subsequent development of all of the real property identified within the boundaries of the real property described in Schedule"A". It is specifically intended by the Declarant to construct all of the eighty-four(84)Units permitted to be constructed upon the real property identified in Schedule"A"and to add all of such Units together as part of this DECLARATION Garage Town Del Camino Page 5 C:\Docwnents and Settings\Mike'My Documents\GT Del Camino Declaration 9.01.05.doc Condominium;provided,however,that Declarant shall not be deemed to be obligated to so do, and,therefore, such subsequent Improvements need not be built. 4. Completion of Improvements. To the extent that any improvements within the Condominium, as described on the Survey Map and Plans recorded in conjunction herewith, are not completed upon the recording hereof and thereof,the Declarant reserves the right to complete the construction of such incomplete improvements subsequent to the date of recording, for the benefit of the Declarant,the Association and for the benefit of the Condominium as a whole. 5. Sales and Management Office, Model Unit and Signage. Declarant reserves the right to maintain a sales office in a trailer or portable office situated within the Condominium or until the office in Building 1 is completed and thereafter within the office in Building 1, until such time as the Declarant no longer owns any Unit within the Condominium. Furthermore,the Declarant reserves the right to maintain no more than one(1)model Unit for marketing purposes in any Unit owned by the Declarant until all Units currently owned by the Declarant in the Condominium are sold. Further, the Declarant reserves the right to place signage within the Common Areas of the Condominium,advertising Units owned by Declarant for sale, until all Units currently owned by the Declarant in the Condominium are sold. Finally, the Declarant reserves the right, but not the obligation,to use the office to be constructed and completed in Building 1 for purposes of management of the Condominium until such time as Declarant no longer owns any Units within the Condominium and without any obligation for rent or lease payment to the Owners or the Association. 6. Reservation of Easements. Pursuant to the provisions of Article XIX hereof, Declarant hereby reserves unto itself easements through the Common Areas and through the portion of the real property described in Schedule "A"hereto for the purpose of completing all improvements within the Condominium in accordance with paragraph 2 of this Article. ARTICLE III Description of Buildings There shall be six(6)buildings situated within the Condominium. Such buildings are of steel frame construction with steel exterior walls and roofs, concrete aggregate base exterior walls, electronically or manually controlled steel doors and concrete floors. ARTICLE IV Description of Units,Location,Area and Size A. General Description. There shall be eighty-four(84)Units comprising this Condominium. Each of the Units is of the size, expressed in square footage, and composition as identified in Schedule "B" hereto and on the Survey Map and Plans. The expression of square footage of each Unit on Schedule "B" may not be precise or exact and should be considered an DECLARATION Garage Town Del Camino Page 6 Monuments and Settings\Mike\My Documents\GT Del Camino Declaration 9.01.05.doc approximate expression. The exact square footage of each Unit, as compared to the expression of square footage identified on Exhibit "B" shall not be used as basis to dispute the validity of a deed, Conveyance or Mortgage otherwise lawfully granted, nor shall it be used to redefine the boundaries of the "Unit" as described below,nor shall it be used as a basis to dispute any assessment. Each Unit is identified by a number, with the exact location of each shown on the Survey Map and Plans recorded in conjunction herewith. Farh Unit has in common vehicular and pedestrian access through the Condominium directly on to Stagecoach Road. B. Unit Boundaries. Included within the boundary of each Unit shall be the airspace and all other fixtures and improvements lying within the doors and the steel studs of the walls, above the concrete floor and beneath the structural portions of the ceiling. As such, the boundary of each Unit shall be measured to the stud walls and to the structural portions of the floors and ceilings. Accordingly, a Unit shall include all steel panels and any other materials constituting any part of the finished surfaces of the walls,floors and ceilings. All other portions of the walls, floors and ceilings are a part of the Common Areas. ARTICLE V Common Areas The Common Areas of the Condominium,the exact locations of which are identified on the Survey Map and Plans, consist of the following: 1. The land described in Schedule "A" hereto, which has been included in this Condominium by this Declaration. 2. The foundations,columns,girders, studding,joists, beams, supports and all other structural parts of the buildings to the boundaries of each Unit as the boundaries are defined herein, and any replacements thereto. 3. The entire systems for central services such as light,water, heating,telephone, cable, fire protection system and security, including all lines,pipes,cables, conduit and accessories, but excluding heating units contained within a Unit, lighting fixtures and light bulbs to light a Unit. Further, systems for central utility services shall not obligate Declarant or the Association to assure delivery of any specific service utility. 4. The tanks,pumps,motors, fans, compressors, ducts, if any, and, in general, all apparatus and installations existing for common use. 5. The office contained within Building 1. 6. The areas which surround and provide access to the buildings, including all fencing and all paved or landscaped areas,to the extent the same be a portion of the land described on Schedule"A". DECLARATION Garage Town Del Camino Page 7 C:\Documents and Serongs\Mlke\My Docmnents\Gr Del Camino Declaration 9.0I.05.doc 7. All other parts of the Real Property necessary or convenient to its existence, operation,maintenance and safety. ARTICLE VI Limited Common Areas A. Description. The Limited Common Areas are defined as those portions of the Common Areas which are reserved for the exclusive use of one or more Units,to the exclusion of other Units. Because of the nature of construction of this Condominium,there are no Limited Common Areas included at the present time, nor will such be created absent an amendment to the Declaration and Survey Map and Plans. Limited Common Areas may be present in future Improvements; however, none are contemplated at this time. B. Boundaries of Limited Common Areas. In the event that such be created in the future,the actual boundary of each Limited Common Area shall be as defined in the Amended Declaration which adds and/or creates Limited Common Areas within the Condominium. C. Applicable Easements. In the event that such be added or created in the future,all Limited Common Areas shall be subject to the Pavements specified in Article XIX. ARTICLE VII Allocated Interests in Common Areas The total allocated interests of the Condominium and the allocated interests assigned to each of the eighty-four(84)Units within the Condominium are expressed in Schedule"C". The allocated interests of each Unit as so expressed include the value of the Unit and the value of percentage interest of each such Unit in the Common Areas. The allocated interests assigned to each Unit as listed in Schedule "C" are based on relative values to establish the allocated interests required by the Act. The allocated interests assigned to each Unit are determined on the basis that while the Units vary in size to some degree,the expense of each Unit with respect to the whole of the Units and the Condominium is deemed to be relatively equal to that of every other Unit. Accordingly,each Unit is assigned an identical amount of allocated interests. The aggregate of the allocated interests assigned to each Unit in the Condominium totals one hundred percent(100%). ARTICLE VIII Permissible Uses and Regulation of Uses A. Storage Purposes. The Units shall be used for Authorized Storage purposes only, by the Owner thereof,or by those utilizing the Unit pursuant to a lease or rental agreement with the Owner or otherwise under a grant of authority from the Owner. Any such use of the Units and the Common Areas shall be carried on in strict compliance with the permissible uses authorized by this Declaration,and no activity shall be carried on which would constitute a violation of any term or condition of this Declaration. Authorized Storage shall mean that type DECLARATION Garage Town Del Camino Page 8 C:\Documents and Sett ngsVNike\My Documents\GT Del Camino Declaration 9.01.05.doc of storage of personal property that is incidental to the Permissible Uses of a Unit, provided that the ownership of that personal property is lawful, and further providing that storage of that personal property is not an improper storage of a"hazardous material" as is defined under any applicable law of the State of Colorado or the United States and further that the storage is not incidental to a Prohibited Use. B. Permissible Uses. In conjunction with the passive activity of storage, it is also expressly provided that the following shall be deemed to be permissible uses of Units. 1. Maintenance. Any Owner or tenant may engage in routine maintenance on any boat, automobile,truck,recreational vehicle, other vehicle and/or other equipment which is stored within his Unit; provided, however,that no such routine maintenance may be engaged in for profit,nor may the same be conducted in a manner which will pose any risk to any other Unit and/or to any portion of the Common Areas. Further no routine maintenance shall be conducted outside the Unit and all waste products or by-products of routine maintenance property conducted in the Unit, including but not limited to start up gasoline not fully placed in the storage container in the boat or vehicle or equipment, and all waste oils, waste anti-freeze, petroleum cleaning products,cleaning rags and containers shall be fully removed from the Unit by the Owner or tenant and shall be lawfully disposed of by the Owner or tenant at the end of each and every routine maintenance session. Routine maintenance products or by-products shall not be stored in a Unit. 2. Inventory Turnover and Assessment. Any Owner or tenant may utilize his Unit for the storage of any permissible item of inventory and/or supplies used in a lawful trade or business, may add to or withdraw from storage such inventory and/or supplies, or any part thereof, as and when required,and may take count of such inventory and/or supplies at all such times as may be deemed necessary. 3. Business and Personal Records. Any Owner or tenant may utilize his Unit for the storage of any business and personal records,and any Owner or tenant may conduct such reviews of such records as may be deemed to be required by such Owner or tenant at all such times as be deemed necessary. 4. Office Use. An office comprising not more than ten percent(10%)of the space in any Unit is permissible when the office serves as an accessory use to the storage, warehousing and other approved business uses. C. Prohibited Uses. It is the explicit purpose of the Condominium that it shall be used and maintained as a first-class storage facility for the mutual benefit of each of the Owners. Any commercial or personal activity which creates waste,uncleanliness, continuous excess noise, unacceptable risks and/or public intrusion is prohibited. Accordingly, in addition to the foregoing un-Authorized Storage or un-Permissible Uses, it is expressly provided that the following shall be deemed to be prohibited uses of Units,and any use of a Unit in violation of the provisions hereof shall permit Declarant,while in control,and thereafter the Association, without DECLARATION Garage Town Del Camino Page 9 C:\Documents and Settings\Wit\My Documents\GT Del Camino Declaration 9.01.05.doc notice to the Owner, to assess such Owner with such penalties as shall be adopted by Declarant and thereafter by the Board for a violation of the provisions hereof and to commence an action seeking injunctive relief and damages accruing as a consequence thereof: 1. Retail Outlet. No Owner or tenant may utilize his Unit as a retail outlet for the sale of goods or services to the general public, and no Owner or tenant may permit potential customers of such goods or services to enter the boundaries of the Condominium for such purpose. Notwithstanding the foregoing,nothing herein shall prohibit the owner of an item of personal property held for personal use, such as a boat,automobile,truck, recreational vehicle or other personal vehicle from showing such item for sale while in storage in a Unit on a casual basis only. 2. Manufacture or Assembly. Unless, specified as an approved use,no Owner or tenant may utilize his Unit as a place of manufacturer or assembly of any item or combination of items,however characterized or conceived, for resale or for profit. Furthermore, no assembly of items for personal use, incident to an otherwise permissible use,may be conducted in a manner which will pose any risk to any other Unit and/or to any portion of the Common Areas. Welding is specifically not allowed. 3. Repair Activity. Unless, specified as an approved use,no Owner or tenant may utilize his Unit as a place of business,whether primary or secondary, for the conducting of repair or maintenance activities and/or services of any sort,however characterized or conceived, for profit. 4. Noxious Activity. No Owner or tenant may utilize his Unit so as to cause an unacceptable level of noise, vibration, odor, garbage or other waste,the precise levels of which shall be determined by the Board,which may be more restrictive than levels established by the County of Weld or the City of Longmont. 5. Storage of Hazardous Substances. No Owner or tenant may utilize his Unit for the storage of any substance or material defined or designated as hazardous, radioactive or toxic by any applicable federal, state or local statute,ordinance or regulation now in effect or hereafter promulgated; provided, however,that any fuels or other liquids contained within any boat,mobile home, motor home, automobile,truck, recreational vehicle,other vehicle and/or other equipment which is stored within a Unit shall be deemed permitted even if so defined, so long as such fuels or other liquids are necessary for the operation thereof and are lawfully contained within such item of personal property for such purpose. 6. Residential Use. No Owner or tenant may utilize his Unit,or permit another to use such Unit, for residential purposes. 7. Animals. No animals, livestock, poultry or insects, of any kind,will be raised,kept or boarded in a Unit or within the Condominium. DECLARATION Garage Town Del Camino Page 10 C:\Documents and SettingsVNdre My Documaala\GT Del Camino Declaration 9.01.0S.doc D. Unit Rental. The Owner of a Unit, including the Declarant,a mortgagee in possession, or any successor in interest thereto,may lease or rent a Unit on a month-to-month basis or for a longer term, subject to the limitation that any such lease or rental agreement shall be in writing and by its terms shall provide that such lease or rental agreement is subject, in all respects,to the provisions of this Declaration,the Bylaws, any rules and regulations of the Association and any amendments thereto. Any such lease or rental agreement shall provide that any failure by a tenant to comply with the terms contained in said documents shall be a default under the terms of said lease or rental agreement and shall be a basis for termination thereof. The Association shall approve the form of all lease and rental agreements of Units to insure compliance with the provisions hereof. Each Owner shall notify the Association in writing within five(5) business days following the execution of any lease or rental agreement covering a Unit of the identity,telephone numbers and addresses of each tenant and of the duration of the lease/rental agreement. The Owner of a Unit so leased or rented shall at all times be responsible for and liable to the Association for all acts or neglect of the tenant including but not limited to fines and assessments levied for violations caused by the tenant. The Owner shall see that the tenant has read and is fully informed of the Declarations, Bylaws, rules and regulations which govern the use of the Condominium. E. Vehicle Parking. Parking of any motor vehicle at any location within the Condominium,outside of the boundaries of a Unit or in a designated parking space, is subject to the absolute limitation that no such motor vehicle shall obstruct in any fashion the free passage of vehicles and/or pedestrians to and from every other Unit. Unit Owners, and their tenants and guests, may park their motor vehicles within their respective Units at any time without limitation. Any motor vehicle parked at any location within the Condominium other than inside a Unit shall be operable and shall not be stored in the Common Elements. A motor vehicle(including a boat, motorcycle, snowmobile and all forms of recreational equipment)is "stored"when it is left parked at any location within the Condominium, outside the boundaries of a Unit,for more than eight(8)consecutive hours. F. Removal by Board. The Board may require the immediate removal of any inoperable, improperly stored or unsightly vehicle left outside of a Unit and/or any other item of personal property improperly stored within the Condominium,whether or not contained within a Unit. If the same not be removed by the responsible Unit Owner,the Board may cause removal thereof at the risk and expense of the Unit Owner thereof. G. Driving Area and Walkways. Driving areas, walkways and corridors within the Common Areas shall be used exclusively for normal transit,other than during the process of entering or leaving a Unit, and no obstructions shall be placed within the Common Areas except by express written consent of the Association. H. Effect on Insurance. Nothing shall be done or kept in any Unit or in the Common Areas which will increase the rate of,or cause the cancellation of, insurance for the Condominium. DECLARATION Garage Town Del Camino Page 11 C:\Documents and Settings\Mdce\My Documents\GT Del Camino Declaration 9.01.05.doc I. Signs. No sign of any kind shall be displayed from the exterior of any Unit or from the Common Areas without the prior written consent of the Declarant prior to the sale by the Declarant of the last Unit and thereafter by the Board, pursuant to the rules and regulations adopted thereby. J. Unit Activity. No offensive activity shall be carried on in any Unit or in the Common Areas, nor shall anything be done which may be or become an annoyance or nuisance to others using the buildings or to the public. Nothing shall be altered or constructed in the Common Areas except upon the prior written consent of the Association. Nothing shall be done or carried on in a Unit or within the Condominium which is in violation of any applicable law, ordinance or regulation. K. Commit No Waste. No Owner of a Unit shall commit or permit waste of such Unit and/or of the Common Areas; and the liability in the event of such occurring shall be at the sole cost and expense of the responsible Unit Owner. This Section shall not be construed to permit any interference with or damage to the structural integrity of the buildings or interference with the use and enjoyment by others of the Common Areas and/or other Units, nor shall it be construed to limit the powers or obligations of the Declarant or of the Association. L. Exterior Appearance. No Unit Owner shall be permitted to alter, in any fashion, the Common Areas, including the exterior finish of the exterior surfaces of the walls surrounding a Unit, which are Common Areas. All trash and trash collection from a Unit shall be the responsibility of the Unit owner, and no trash shall be permitted to be stored outside of the Unit(s)or inside of the Unit for more than one(1)week. M. Life Safety Concerns. In an effort to maintain a safe environment for the mutual benefit of each of the Owners, Condominium safety measures will include the following items. 1. Emergency Contacts. The Association will provide, and update at least annually,a list of the names and emergency contact information of individuals associated with the Condominium including the Property Management Company,Property Manager(s), and Board Members,to Fire Department serving the Condominium. 2. Master Keying. The Association will ensure that all Unit Owners maintain the integrity of the Condominium's master-key system, which ensures emergency access by the area Police and Fire Departments. The addition of new locks will conform to the current master key scheme,and, in the event nonconforming locks are installed,the affected Unit Owners will be liable for any damaged caused to the Condominium as a result of necessary forcible entry by the Police of Fire Departments. 3. Annual Inspection. The Association will adivse all Unit Owners that the Fire Department serving the Conominium will conduct an inspection on each and every Unit in the Condominium on an annual basis. DECLARATION Garage Town Del Camino Page 12 Monuments and Setting&Mike\My Documents\GT Del Camino Declaration 9.01.05.doc N. Bylaws, Rules and Regulations. The Association may adopt reasonable additional provisions in the Bylaws or in the rules and regulations of the Association as necessary or advisable to insure compliance with, and to supplement,the foregoing provisions, and each Unit Owner shall comply in all respects therewith; provided, however,that no rule or regulation may be adopted which may or shall, if implemented,result in restrictions imposed upon the permissible uses of Units expressly granted herein. Whenever rules and regulations are adopted by the Association,they shall be deemed effective as soon as a copy is sent to each Owner by first class mail. ARTICLE IX Unit Maintenance and Alterations A. Unit Maintenance. The Owner of each Unit shall, at the sole expense of such Unit Owner,have the right and the duty to keep the interior of such Owner's Unit and the equipment and appurtenances within such Unit in good order,condition and repair and shall perform all interior maintenance necessary to maintain the good appearance and condition of such Unit. The Owner of each Unit shall be responsible for the maintenance,repair or replacement of any heaters,electrical fixtures and lights which may be in or connected with the Owner's Unit,unless the same have been defined as Common Areas. B. Unit Alterations. It is the concurrent responsibility of the Declarant,the Association and each Unit Owner to insure the continuing structural integrity of each of the buildings within the Condominium. The construction characteristics of the buildings do not permit the addition of loads, except as are specifically engineered and approved in accordance with the provisions of the Uniform Building Code. It is also anticipated,however, that individual Unit Owners may elect, at the Unit Owner's sole expense,to erect storage lofts within their Units. Accordingly, it shall be permissible for a Unit Owner to make alterations to the interior of such Owner's Unit that do not adversely affect the continuing structural integrity of each of the buildings within the Condominium; provided,however,that such alterations shall be absolutely subject to the limitation that no alternation shall be allowed which causes an adverse effect upon the Common Areas or structural integrity of any Unit. Accordingly,the Declarant and the Board shall provide to each Owner specifications concerning permissible interior alterations to Units, and no such alterations shall be made except which are in compliance with such specifications. Each Unit Owner is required to notify the Board of all improvements by the Unit Owner to such Owner's Unit which cost in excess of$2,500.00. Furthermore, any Unit Owner who makes alterations to his Unit shall be liable for any damage caused as a consequence thereof to any other Unit or to any Common Areas. C. Limited Common Areas. In the event of such being created in the future,Limited Common Areas shall be for the sole and exclusive use of a designated Unit or designated Units, although the use,condition, maintenance and appearance of such Limited Common Areas shall be regulated pursuant to this Declaration,the Bylaws and the rules and regulations of the Association. Performance of maintenance or repair work for such Limited Common Areas shall DECLARATION Garage Town Del Camino Page 13 C:\Documents and SettingsVN0ce1My Doc u enls\GT Del Camino Declaration 9.01.05.doc be carried out by the Association and not by the Unit Owner to which such Limited Common Areas may be assigned. ARTICLE X Unit Owners' Association In order to provide for administration of the Condominium, an entity shall be created which shall be called"Garage Town Del Camino Storage Condominium Owners, Inc."in accordance with the following terms and conditions: A. Form of Association. The Association shall be organized as a nonprofit corporation in accordance with the provisions of the Act, not later than thirty(30)days from the date of recording of this Declaration. B. Membership. 1. Oualification. Each Unit Owner(including Declarant)shall be a member of the Association and shall be entitled to one membership for each Unit so owned; provided, that if a Unit has been sold on contract, the contract purchaser shall exercise the rights of the Unit Owner for purposes of the Association,this Declaration,the Bylaws and the rules and regulations of the Association,except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Unit shall be the sole qualification for membership in the Association. A Unit Owner may not elect out of membership in the Association,nor elect out of the duty to pay assessments, fines or obligations duly incurred as a Unit Owner. 2. Transfer of Membership. Association membership of each Unit Owner (including Declarant) shall be appurtenant to the ownership of a Unit and shall not be assigned, transferred,pledged,hypothecated, conveyed or alienated in any way except upon the transfer of title to said Unit and then only to the Purchaser of such Unit. Any attempt to make a prohibited transfer shall be void. Any disposition of a Unit shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Unit Owner thereof. C. Voting. 1. Number of Votes. The total voting power of all Unit Owners as members of the Association shall be shall be equal to the total number of Units then comprising the Condominium. 2. Voting. There shall be one (1)voting representative for each Unit. Declarant shall be considered a"Unit Owner", as that term is used herein, and shall be the voting representative with respect to each Unit owned by Declarant. In the event that the Association is the Owner of any Unit,the Association shall not be entitled to cast the votes allocated to such Unit. If a Unit Owner(including Declarant)owns more than one Unit, such Unit Owner shall have the votes for each Unit so owned. The voting representative shall be designated by the DECLARATION Garage Town Del Camino Page 14 C:\Documents and SettingsU4dmU4y Documents\GT Del Camino Declaration 9.01.05.doc Owner or Owners of each Unit by written notice to the Board and need not be a Unit Owner. The designation of a voting representative shall be revocable at any time by written notice to the Board from the Owner of the Unit,by actual notice to the Board of the death of the Unit Owner or of the voting representative,by written notice from the lawful holder of a power of attorney of a Unit Owner or by the guardian of any judicially-declared incompetent Unit Owner. This power of designation and revocation may be exercised by the guardian of a Unit Owner and by the administrator or executor of a Unit Owner's estate. Where no designation is made, or where a designation has been made but is revoked and no new designation has been made prior to any meeting, no vote may be cast for such Unit other than by the Unit Owner thereof. 3. Joint Unit Owner Disputes. The vote of a Unit must be cast as a single lot, and fractional votes of such Unit's allocated vote shall not be allowed. In the event that joint Owners of a Unit are unable to agree among themselves as to how their vote shall be cast,they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular Unit,none of said votes shall be counted and said votes shall be deemed void. 4. Pledged Votes-If the Board has been notified that a Unit Owner has pledged such Unit Owner's vote to a Mortgagee, or in the event that the Owner of the Unit has otherwise pledged his vote regarding special matters to a Mortgagee under a duly recorded Mortgage, only the vote of such Mortgagee will be recognized in regard to the special matters upon which the vote is so pledged, if a copy of the instrument with such pledge has been filed with the Board. Amendments to this subsection shall only be effective upon the written consent of all the voting Unit Owners and their respective mortgagees, if any. D. Meetings.Audits,Notices of Meetings. 1. Annual Meeting. There shall be an annual meeting of the Unit Owners in the first quarter of each fiscal year of the Association at such reasonable place and time as may be designated by written notice from the Board delivered personally or by first class mail,postage prepaid,to all Unit Owners not less than ten(10)days nor more than fifty(50)days prior to the date fixed for said meeting. The notice concerning such annual meeting shall state the time and place of the meeting and the items on the agenda to be voted on by the Unit Owners, including the general nature of any proposed amendment to this Declaration or the Bylaws or any proposal to remove a Director or an Officer. At the annual meeting,there shall be presented a report of the financial condition of the Association, itemizing the total receipts and disbursements for the just expired fiscal year,the allocation thereof to each Unit,and the estimated common expenses and required assessments, including the allocation thereof to each Unit, for the fiscal year commencing. 2. Special Meetings. Special meetings of the Unit Owners may be called at any time for the purpose of considering matters which by the terms of the Act, of this Declaration, of the Articles of Incorporation or the Bylaws require the approval of all or some of the Unit Owners or for any other reasonable purpose. Such meetings shall be called by written notice from the President of the Association upon the decision of the President, or after written DECLARATION Garage Town Del Camino Page 15 C:\Documents and Settings\Mike\My Documents\GT Del Camino Declaration 9.01.05.doc request signed by a majority of the Board, or by written request signed by the Unit Owners having at least twenty percent(20%)of the total votes, which notice shall be delivered not less than ten(10)days nor more than fifty(50) days prior to the date fixed for said meeting. The notice shall specify the date, time and place of the meeting and shall include an agenda of the matters to be considered, including but not limited to the general nature of any proposed amendment to the Declaration or to the Bylaws, changes in the previously approved budget that result in a change in assessment obligations and any proposal to remove a director or officer. 3. Audits. The Board at any time, or by written request of Unit Owners having at least forty percent(40%) of the total votes,may require the Association books and records be presented for review and audit at any special meeting. A Unit Owner, at such Owner's own expense,may at any reasonable time make an audit of the books and records of the Board and the Association. E. Bylaws of Association. 1. Adoption of Bylaws. Initial Bylaws for the administration of the Association and the Condominium,and for other purposes not inconsistent with the Act or with this Declaration, shall be adopted by the Declarant. Amendments to the Bylaws may be adopted by the Association at an annual or special meeting of the Association upon concurrence of voting Unit Owners holding sixty percent(60%) of the total voting power. 2. Bylaw Provisions. The Bylaws shall contain provisions consistent with this Declaration and the Act and may contain supplementary,but not inconsistent,provisions regarding the operation and administration of the Condominium,the Association and the Board. The Bylaws shall establish provisions for quorum, ordering of meetings and details regarding the giving of notice as required for the proper administration of the Association and the Condominium. The Bylaws shall specifically provide for: a. The number, qualifications,powers and duties,terms of office, and the manner of electing and removing members of the Board of the Association and filling the vacancies thereof, and the alternative methods for the Board of Directors to conduct meetings and to confirm the adoption of a Directors'resolution, including the adoption of reasonable rules and regulations not inconsistent with this Declaration; b. The election by the Board of Directors of such Officers of the Association as the Bylaws specify; c. Which, if any, of the powers of the Board of Directors or of the Officers of the Association may be delegated to other persons or to a managing agent thereof; d. Which, if any, of the Officers of the Association may prepare, execute, certify and record amendments to this Declaration on behalf of the Association;and DECLARATION Garage Town Del Camino Page 16 C:Documents and Settings\Miice\My Documents\GT Del Camino Declaration 9.01.05.doc e. The method of amending the Bylaws. f. The quorum required for voting approval at any annual or special meeting of the members (Unit Owners) of the Association. ARTICLE XI Management of the Condominium A. Powers of the Association. The Association shall be empowered to: 1. Adopt and amend Bylaws, rules and regulations. 2. Adopt and amend budgets for revenues, expenditures and reserves and impose and collect regular and special assessments for common expenses from Unit Owners. 3. Hire, discharge or contract with managing agents or other employees, agents and independent contractors. 4. Institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Unit Owners on matters affecting the Condominium. 5. Make contracts and incur liabilities. 6. Regulate the use,maintenance,repair, replacement and modification of Common Areas. 7. Cause additional improvements to be made as part of the Common Areas. 8. Acquire,hold,encumber, lease and convey in its own name any right,title or interest to real or personal property; provided, however,that Common Areas may be conveyed or subjected to a security interest only if the Owners of Units to which at least Eighty(80%) percent of votes in the Association are allocated, including Eighty(80%)percent of the votes allocated to Units not owned by the Declarant or an affiliate thereof,agree to that action. Proceeds of any such sale or financing shall be an asset of the Association. 9. Grant easements, leases, licenses and concessions through or over the Common Areas. 10. Impose and collect any assessments,fees or charges for the use,rental or operation of the Common Areas and for services provided to individual Unit Owners. 11. Impose and collect charges for late payment of assessments as hereinafter provided and,after notice and an opportunity to be heard by the Board and in accordance with DECLARATION Garage Town Del Camino Page 17 C:\Documents and Settings\!Afire\My Documents\CT Del Camino Declaration 9.01.05.doc such procedures as provided herein, in the Bylaws and/or rules and regulations adopted by the Board, levy reasonable fines for violations of this Declaration,the Bylaws and/or the rules and regulations of the Association in accordance with the previously established schedule thereof adopted by the Board and furnished to the Unit Owners. 12. Impose and collect reasonable charges for the preparation and recording of amendments to this Declaration and the Survey Map and Plans, for the preparation and delivery of statements of delinquent assessments and the preparation and delivery of any other documents required of the Association incident to the sale, lease or rental of any Unit, including resale certificates, if any required by Colorado law as presently in force or as hereafter amended. 13. Provide for the indemnification of its officers and the members of its Board and to maintain directors' and officers' liability insurance. 14. Assign its right to future income, including the right to receive common expense assessments, except as otherwise limited herein. 15. Exercise any other powers conferred by the Act, this Declaration or the Bylaws. 16. Exercise any other powers granted by the State of Colorado to a nonprofit corporation consistent with the provisions hereof. 17. Exercise any other powers necessary and proper for the governance and operation of the Association. B. Management by the Board. Administrative power and authority of the Association shall vest in a Board of Directors. The number of directors shall be specified in the Bylaws and shall be sufficient to handle adequately the affairs of the Association. The Board may delegate all or any portion of its administrative duties to a manager,managing agent and/or officer of the Association, in such manner as provided in the Bylaws. The Board shall elect a president, vice-president, secretary and treasurer,together with such other officers as shall be deemed to be required from time to time, each of whom shall perform such duties as are required of them as provided in the Bylaws of the Association. C. Election of the Board. 1. The Declarant shall appoint and shall remove the members of the Board and the officers from the time of creation of the Board until the earliest to occur of the following: (a) sixty(60)days after conveyance to Unit Owners other than the Declarant of seventy-five (75%)percent of the total number of Units which may be created within the Condominium by the Declarant; (b)two years after the last disposition of a Unit by the Declarant, except as security for a debt; (c)two years after any development right to add new Units to the Condominium was last exercised by the Declarant; or(d)the date on which the Declarant records an amendment to DECLARATION Garage Town Del Camino Page 18 C:'Documents and settings Mike\My Documents\GT Del Camino Declaration 9.01.05.doc the Declaration pursuant to which the Declarant voluntarily surrenders the right to appoint and remove officers and members of the Board. Following the occurrence of the first of such events, all steps shall commence leading to the complete transfer of control to the Association of Unit Owners as set forth hereafter and further as required in Colorado law, as presently in force or as hereafter amended. 2. Irrespective of the provisions in Subsection 1 above,not later than sixty (60)days after conveyance of twenty-five(25%)percent of the total number of Units which may be created within the Condominium by the Declarant to Unit Owners, at least one member and not less than twenty-five (25%)percent of the members of the Board shall be elected by Unit Owners other than the Declarant, and not later than sixty(60)days after conveyance of fifty (50%)of the total number of Units which may be created within the Condominium by the Declarant to Unit Owners, at least thirty-three and one-third(33-1/3%)percent of the members of the Board shall be elected by Unit Owners other than the Declarant. 3. Within thirty(30) days after the termination of the period of Declarant control of the Board, as identified within Subsection I above; the Unit Owners shall elect the Board,which shall consist of at least three(3) members and each of whom shall take office upon election. The Board shall elect its Officers, each of whom shall also take office upon election. D. Authority of the Board. 1. The Board, for the benefit of the Condominium and the Unit Owners, shall enforce the provisions of this Declaration,the Articles of Incorporation, the Bylaws and the rules and regulations of the Association, shall have all powers and authority permitted to the Board under the Act, other applicable law and this Declaration,and shall acquire and shall pay for, out of the common expense fund hereinafter provided for, all goods and services requisite for the proper functioning of the Condominium, including,but not limited to,the following: (a) Water, sewer and garbage collection for the entire Condominium and electrical,telephone, cable and any other necessary utility service as required for the Common Areas. (b) Policies of insurance or bonds providing coverage for fire and other hazards, liability for personal injury and property damage,and for fidelity of Association officers, directors and other employees, as the same are more fully required hereafter or in the Bylaws. (c) The service of persons or firms as required to manage properly the affairs of the Condominium to the extent deemed advisable by the Board,as well as such other personnel as the Board shall determine are necessary or proper for the operation and maintenance of the Common Areas, whether such personnel are employed directly by the Board or are furnished by the designated manager or management firm or agent. DECLARATION Garage Town Del Camino Page 19 C:\Documents and Settings\M&e\My Documents\GT Del Camino Declaration 9.01.05.doc (d) Legal and accounting services necessary or proper in the operation of the Association affairs, administration of the Common Areas or the enforcement of this Declaration. (e) Painting, maintenance,repair and improvements of the Common Areas(and Limited Common Areas as applicable) ,and such accessories and equipment for the Common Areas as the Board shall determine are necessary and proper,and the Board shall have the exclusive right and duty to acquire the same for the Common Areas. (f) Any other materials, supplies, labor, services, maintenance,repairs, structural alterations and/or insurance which the Board is required to secure by law, or which in its opinion shall be necessary or proper for the operation of the Common Areas and for the enforcement of this Declaration; provided, that if for any reason such materials, supplies, labor, services, maintenance,repairs, structural alterations and/or insurance are provided for particular Units or their Unit Owners,the cost thereof shall be specifically charged to the Owners of such Units. (g) Maintenance and repair of any Unit, its appurtenances and appliances, if such maintenance or repair is reasonably necessary in the discretion of the Board to protect the Common Areas or preserve the appearance and value of the Condominium, if the Owner of said Unit has failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity of said maintenance or repair has been delivered by the Board to the Unit Owner;provided,that the Board shall levy a special charge against the Unit Owner and the Unit for the cost of such maintenance and repair. (h) The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the Condominium or any part thereof which is claimed to,or which may,in the opinion of the Board,constitute a lien against the Condominium or against the Common Areas,rather than merely against the interest therein of particular Unit Owners. Where one or more Unit Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it,and any costs and expenses(including court costs and attorney fees) incurred by the Association by reason of such lien or liens shall be specially charged against the Unit Owners and the Units responsible to the extent of their responsibility. (i) The Board's powers hereinabove enumerated are limited to the extent that the Board shall have no authority to acquire and pay for out of the common expense fund capital additions and improvements(other than for purposes of restoring,repairing or replacing portions of the Common Areas)having a total cost in excess of Five Thousand Dollars ($5,000.00), without first obtaining the affirmative vote of the Unit Owners holding a majority of the voting power present or represented at a meeting called for such purpose,or if no such meeting is held,then the written consent of voting Unit Owners having a majority of the voting power; provided that any expenditure or contract for each capital addition or improvement in excess of Ten Thousand Dollars($10,000.00)must be approved by Unit Owners having not less than Sixty-Six and Two-Thirds percent(66-2/3%) of the total voting power. DECLARATION Garage Town Del Camino Page 20 C:\Documents and Serongs\Mdte\My Documents\GT Del Camino Declaration 9.01.05.doc (j) Nothing herein contained shall be construed to give the Board authority to conduct an active business for profit on behalf of all the Unit Owners or any of them, which is expressly prohibited. (k) The Board shall have the exclusive right to contract for all goods and services,payment of which is to be made from the common expense fund. The Board may delegate such powers subject to the terms hereof. (1) The Board may, from common expense fund of the Association, acquire and hold in the name of the Association, for the benefit of the Unit Owners,tangible and intangible personal property and real property, or any interest therein, and may dispose of the same by sale or otherwise; and the beneficial interest in such property shall be owned by the Unit Owners in the same proportion as their respective interests in the Common Areas, and such property shall thereafter be held, sold, leased, rented, mortgaged or otherwise dealt with for the benefit of the Association as the Board may direct. The Board shall not,however, in any case acquire by lease or purchase real or personal property for a price in excess of Five Thousand Dollars($5,000.00),without first obtaining the affirmative vote of the Unit Owners holding a majority of the voting power present or represented at a meeting called for such purpose,or if no such meeting is held, then the written consent of voting Unit Owners having a majority of the voting power; provided,that any lease or purchase of real or personal property for a price in excess of Ten Thousand Dollars($10,000.00)must be approved by Unit Owners having not less than Sixty-Six and Two-Thirds percent(66 2/3 %)of the total voting power. (m) The Board and its agents or employees may enter any Unit or Limited Common Areas when necessary in connection with any maintenance,repair and construction for which the Board is responsible or in the event of an emergency. Such entry shall be made with as little inconvenience to the Unit Owner or tenant as practicable and upon prior notice if circumstances permit. Any damage caused thereby shall be repaired by the Board out of the common expense fund if the entry was due to an emergency or for the purpose of maintenance or repairs to units where the repairs were undertaken by or under the direction or authority of the Board(unless the emergency or maintenance was caused or necessitated by the Owner of the Unit entered, in which case the cost shall be specially charged to the Unit Owner whose Unit is entered). n) Fach Unit Owner,by the mere act of becoming an Owner of a Unit, shall irrevocably appoint the Board as such Owner's attorney-in-fact, with full power of substitution,to take such action as is reasonably necessary to perform promptly the duties of the Association and Board hereunder, including but not limited to the duties to maintain,repair and improve the Common Areas,the Limited Common Areas, if applicable,to deal with a Unit upon damage or destruction and to secure insurance proceeds. 2. In the discharge of its duties and in the exercise of its powers as set forth in Section 1,but subject to the limitations set forth therein [including Subsections 1 (i)and(1)], DECLARATION Garage Town Del Camino Page 21 C:\Doanoents and Settings\Mike'My Documents\GT Del Camino Declaration 9.01.05.doc the Board may borrow funds on behalf of the Association and in order to secure the repayment thereof may encumber, subject to the limitations set forth in this Declaration,the Common Areas,Association funds and the allocated interests of each Unit Owner therein. ARTICLE XII Maintenance, Common Expense and Common Expense Liability; Special Assessments A. Common Expenses. Common expenses include those expenses defined in the Act and in Article I, section 8 hereof, specifically those expenses incurred by the Association in the Operation,management and administration of the Condominium pursuant to the provisions hereof or as otherwise required or permitted by the provisions of this Declaration or the Bylaws. B. Annual Budget of Common Expenses. Prior to the annual meeting of Unit Owners each fiscal year,the Board shall estimate the common expenses which it anticipates will be incurred during the fiscal year commencing and determine the regular assessments and any special assessments required to be paid to the Association for such fiscal year; shall make provision for creating, funding and maintaining reasonable reserves for contingencies, operations, repairs, replacement and acquisition of Common Areas; and shall take into account any expected income and any surplus available from the expired fiscal year's operations. The determination and collection of assessments for the first year of operation of the Condominium shall be made by the Declarant. The Board may also, from time to time, impose such special assessments as may be determined to be necessary by the Board, subject to the restrictions set forth herein and/or in the Bylaws. If the sum estimated and budgeted for a particular fiscal year at any time proves to be inadequate for any reason(including nonpayment of certain Unit Owners' assessments),the Board may at any time levy a further assessment. The annual budget and proposed assessments determined by the Board shall be reviewed by the Unit Owners at the annual meeting of the Association, or at any special meeting called for such purpose, and shall be deemed approved unless the same be rejected by a majority of the votes cast, subject to the quorum limitations set forth in the Bylaws of the Association. C. Payment by Unit Owners. Each Unit Owner shall pay assessments made pursuant to this Article to the Treasurer of the Association at such intervals as the Board shall designate. Any unpaid assessments shall bear interest at the maximum rate allowed by Colorado law from the due date until paid. D. Purpose. All funds collected hereunder shall be expended for the purposes designated in or permitted by this Declaration,the Bylaws or the Act. E. Separate Accounts. The Association shall maintain separate accounts for current operations, reserves and a special insurance reserve account for payment of insurance and bond premiums, if any. Upon receipt of payments for assessments, the Treasurer shall first deposit to the insurance reserve account that portion of the common expense assessments necessary to pay DECLARATION Garage Town Del Camino Page 22 C:'.Docunenrs and Settings\Mike\My Documents\GT Del Camino Declaration 9.01.OS.doc the total cost of premiums of all of the insurance and bond coverage then in effect required to be paid from such periodic assessments, and such insurance reserve account shall be held separately and inviolate until utilized for payment of such premiums. The remainder of the assessments collected may be utilized for payment of other common expenses or deposited or credited to other accounts. All such assessments and other Association revenues shall be collected and held in trust for, and administered and expended for the benefit of,the Association. F. Based on Percentage. Except for certain special assessments which may be levied against particular Units under the provisions of this Declaration,all assessments for common expenses shall be assessed to Units on the basis of the percentages set forth in Schedule D hereof and any amendments thereto. G. Failure to Determine Assessments. The failure of the Association to fix assessments for the fiscal year commencing at the annual meeting shall not be deemed to constitute a waiver or modification in any respect of the provisions of this Declaration or release any Unit Owner from the obligation to pay the assessment or any installment thereof, but the amount of assessment fixed for the preceding year shall continue in force until a new assessment is fixed. Following the determination being made regarding the amount of assessments for such fiscal year, each Unit Owner shall,as a portion of such Owner's first payment of the monthly or periodic assessments to the Association, include therein such sums equal to the difference between the amount of assessments previously paid for such fiscal year and the actual amount determined to be required by the Association. H. Limited Purpose Common Expenses. 1. Limited Common Areas. Any common expense associated with the operation, maintenance,repair or replacement of a Limited Common Area,if any, shall be paid by the Owner or Owners of, or assessed against, the Unit or Units to which that Limited Common Area is assigned in proportion to the amount of the total expense incurred in the operation,maintenance,repair or replacement of the Limited Common Area assigned to each such Unit. 2. Limited Units Benefit. Additionally,any common expense which benefits only some, but not all, of the Units shall be assessed only against such benefited Units in the same proportion as is set forth above in this section. 3. Judgments. If a judgment is entered against the Association at any time, assessments for the payment of such judgment shall be made against only those Units which were a part of this Condominium at the date of entry of such judgment. 4. Limited Cause. If the Board determines that a common expense is incurred by the Association as the result of any one or more Units Owners, but not all of the Unit Owners,the assessments to pay such common expense may be allocated only to the Units owned DECLARATION Garage Town Del Camino Page 23 C:\Documents and Settings\Mke\My DocumentslOT Del Camino Declaration 9.01.05.doc by such Owners who are determined by the Board to be responsible and not to Units owned by Owners who are determined not to be responsible. I. Records. The Board shall cause to be kept complete and accurate books and records of all receipts and expenditures, specifying and itemizing the maintenance and repair expenses of the Common Areas and any other expenses incurred,together with any additional information which may from time to time,be determined to be required by the Board. Such books and records, together with vouchers authorizing payments, shall be available for examination by the Unit Owners, and by their mortgagees, attorneys or agents; at any reasonable times upon reasonable notice and the payment of any required audit cost. All books and records shall be kept in accordance with generally accepted accounting principles and shall be reviewed at least once a year by an independent auditor. At least one copy of the annual financial statement and report of the Association prepared by such independent auditor shall be furnished to each Unit Owner and to any mortgagee requesting the same within ninety(90)days following the end of the fiscal year covered thereby or as soon thereafter as the same may be completed. J. Lien Indebtedness. All assessments shall be joint and several personal debts and obligations of each and every Owner of any Unit against which the same are assessed as of the time the assessment is made and shall be collectible as such. The amount of any assessment, whether regular or special, assessed to any Unit and to the Owner thereof,plus interest at the maximum rate allowed by the Act from the due date until paid, and the costs, including reasonable attorney's fees incurred by the Association, shall be a lien upon such Unit and the allocated interests in the Common Areas thereof. Such lien arising from the nonpayment of such assessments shall have priority over all other liens and encumbrances, recorded or unrecorded, except as such priority is limited by the provisions of the Act and this Declaration. Irrespective of the existence of such lien, a suit by the Association to recover a money judgment against any Unit Owner or Unit Owners arising from such unpaid assessments may be maintained without foreclosure of such lien and without waiving the future enforceability of such lien. K. Certificate of Assessment. A certificate executed and acknowledged by the Treasurer or by the President of the Association, or by the authorized agent thereof, stating the amount of such indebtedness for assessments, or the lack thereof, attributable to any Unit shall be conclusive upon the Association as to the amount of such indebtedness on the date of such certificate, in favor of all persons who rely thereon in good faith, and such a certificate shall be furnished to any Unit Owner or to any Mortgagee of a Unit within a reasonable time after request,in recordable form, subject to a reasonable fee for the preparation thereof. Unless otherwise prohibited by law, any Mortgagee of a Unit may pay any unpaid assessments payable with respect to such Unit,and upon such payment such mortgagee shall have a lien on such Unit for the amount so paid of the same priority as the lien of the mortgage of such mortgagee. L. Security Deposit. In the event that a Unit Owner has twice been delinquent for at least thirty(30) days in the payment of assessments due to the Association,a Unit Owner may be required by the Board, in the discretion of the Board,to make and maintain a security deposit with the Association not in excess of three months' assessments, which may be collected as are DECLARATION Garage Town Del Camino Page 24 C:\Documenis and Settings\Mike\My Documents\GT Del Camino Declaration 9.01.05.doc other assessments. Such a security deposit shall be held in a separate fund, credited to such Unit Owner,and resort may be had thereto at any time when,and in the event,that such Unit Owner is ten or more days delinquent in paying his monthly or other periodic assessments. M. Foreclosure of Assessment Lien. The Association may commence an action to foreclose the lien of any delinquent assessments in accordance with the provisions of the Act or otherwise provided by law. If the subject Unit be rented or leased by the Unit Owner to a third party,the Association in such foreclosure action shall be entitled,upon application therefor and due notice thereof,to the appointment of a receiver to collect the periodic rent, which receiver may, if said rental not be paid, obtain possession of the Unit,refurbish it for rental to a reasonable standard for rental units in this type of condominium, and then rent the Unit or permit its rental to others. Rental income collected therefrom shall be applied as follows: First to the payment of expenses of the receivership(including reasonable attorney's fees incurred therein); second to reimburse the cost of refurbishing the Unit;third to costs,attorney's fees and charges incurred by the plaintiff in the foreclosure action; and fourth to the payment of the delinquent assessments and any interest accrued thereon. Any judgment rendered against a Unit Owner in such foreclosure proceeding,receivership proceeding or any other action required to collect such delinquent assessments, shall include a reasonable sum for attorney's fees and all other costs and expenses reasonably incurred in preparation for or in prosecution of said action, in addition to taxable costs permitted by law. N. Rental Units. If a Unit is rented by the Unit Owner,in lieu of the commencement of lien foreclosure proceedings,the Association may collect, and the tenant thereof shall pay over to the Association, so much of the rental for such Unit as is required to pay any amounts due to the Association hereunder,plus interest and costs, if the same are delinquent more than thirty (30) days. Such tenant shall not have the right to question payment to the Association, and such payment to the Association will discharge the tenant's duty of payment of rent to the Unit Owner, to the extent such rent is actually paid to the Association,but will not discharge the liability of the Unit Owner for the payment of assessments or operate as an approval of the lease or rental agreement by which such tenant maintains occupancy. The Association shall not exercise this power in the event that a receiver has been appointed. O. Remedies Cumulative. The remedies provided herein are cumulative, and the Board, on behalf of the Association, may pursue them concurrently. In addition,the Association shall have such other and further remedies as may be provided by law, although the same not be expressed herein. ARTICLE XIII Insurance A. Insurance Coverage. There shall be maintained at common expense a policy or policies of insurance,and bonds as required, to provide,to the extent that the same be available, the following coverages: DECLARATION Garage Town Del Camino Page 25 CADocuments and Selbngs\Mike\My Documents\GT Del Camino Declaration 9.01.05.doc I. Real Property Insurance. A"master"or"blanket"policy of property insurance in an amount equal to the full replacement value of the Condominium property, including all building service equipment and any fixtures or equipment within the Units which are financed subject to a mortgage, with an"Agreed Amount Endorsement"or its equivalent, a "Demolition Endorsement"or its equivalent and, if necessary, an"Increased Cost of Construction Endorsement"or"Contingent Liability from Operation of Building Laws Endorsement"or its equivalent; such insurance to afford protection against at least loss or damage by fire and other hazards covered by a standard Extended Coverage Endorsement, including debris removal costs, costs of demolition, vandalism, malicious mischief,windstorm and water damage. 2. Liability Coverage. A comprehensive policy of public liability insurance covering all of the Common Areas with a"Severability of Interest Endorsement"or equivalent coverage or provisions which preclude the insurance carrier from denying the claims of a Unit Owner because of the negligent acts of the Association or any other Unit Owner, with such limits as may be determined to be necessary; such coverage to include protection against water damage liability, liability for non-owned or hired automobiles, liability for personal injury, including medical payments,death and damage to property of others. 3. Other Coverage. Additional coverage may also be obtained for such other risks as shall, in the sole determination of the Board, customarily be required with respect to projects similar in construction, location and use, or as may be required to facilitate lending by mortgagees, or as may be required pursuant to law or other applicable governmental requirements. B. Additional Policy Provisions. Any insurance obtained pursuant to the provisions hereof shall be subject to the following provisions and limitations if,and to the extent,the Board is able to purchase policies and endorsements affecting such provisions and limitations. 1. Named Insured. The named insured under any such policies shall be the Association, as trustee for the Unit Owners,and each of the Unit Owners each in accordance with the percentages established in this Declaration with respect to liability arising out of each Unit Owner's allocated interests in the Common Areas and/or membership in the Association. The Association shall have exclusive authority to negotiate settlement of losses under said policies. 2. Contribution. In no event shall the insurance coverage obtained and maintained pursuant to the provisions hereof be brought into contribution with insurance purchased by Unit Owners or by their mortgagees. 3. Absence of Association Control. Such policies of insurance shall provide that coverage shall not be prejudiced by(a)any act or neglect of Unit Owners when and/or if such act or neglect is not within the control of the Declarant or the Association nor unless such Unit Owners are acting within the scope of such Unit Owners' authority on behalf of the DECLARATION Garage Town Del Camino Page 26 C:\Davments and Settings\Mike\My Document\GT Del Camino Declaration 9.01.05.doc Association, or(b)by failure of the Declarant or the Association to comply with any warranty or condition with regard to any portion of the premises over which the Declarant or the Association has control. 4. Cancellation. All policies shall provide that coverage may not be canceled or substantially modified without at least thirty(30) days prior written notice to any and all insureds named therein, including mortgagees or their servicing agents. 5. Waiver of Subrogation, Co-Insurance and Acts of Insured. All such policies shall contain a waiver of subrogation by the insured as to any and all claims against the Declarant, in its capacity as a Unit Owner, against the Association, or any Unit Owner,Unit Owners and/or their respective agents,mortgagees, employees or tenants, and of any defenses based on co-insurance or upon invalidity arising from the acts of the insured. 6. Primary Insurance. If at the time of an insured loss,there is other insurance in force in the name of a Unit Owner covering the same loss,the Association's policy shall provide primary insurance. 7. Unit Contents. Nothing contained in this Declaration shall be deemed to require Declarant or the Association to purchase a policy of casualty insurance to cover the loss, theft or damage to personal property of a Unit Owner, including improvements to the Unit,and each Unit Owner is specifically advised to purchase, at said Unit Owner's sole expense, such insurance and coverage as they deem necessary and prudent to cover the risk of loss or damage to the Unit Owner's, including their tenant's,personal property or improvements. C. Mortgagee Clause. Each applicable policy of insurance shall contain a standard mortgagee clause which shall: 1. Define Mortgagee. Provide that any reference to a mortgagee in such policy shall mean and include all holders of a mortgage on a Unit,or a lease or sublease thereof, in their respective order and preference, whether or not named therein. 2. Protect Mortgagee. Provide that such insurance as to the interest of any mortgagee shall not be invalidated by any act or neglect by the Board,the Unit Owners,the Association or any persons acting under authority of any of them. 3. Waive Certain Requirements. Waive any provision invalidating such mortgagee clause by reason of the failure of any mortgagee to notify the insurer of any hazardous use or vacancy of a Unit, any requirement that the mortgagee pay any premium thereon and any contribution clause. 4. Reconcile Named Insured. Provide that,without affecting any protection afforded by such mortgagee clause, any proceeds payable under such policy shall be payable as required herein. DECLARATION Garage Town Del Camino Page 27 C:\Docwnents and Settings\Mike\My Documents\GT Del Camino Declaration 9.01.05.doc D. Fidelity Bond Coverage. The Association may, at the option of the Board, maintain fidelity coverage to protect against dishonest acts on the part of its Officers,Directors, agents and employees and all others who handle, or are responsible for handling, funds of the Association. If obtained, such fidelity coverage shall,to the extent reasonably obtainable, meet the following requirements: 1. Obligee. All fidelity bonds shall name the Association as the obligee. 2. Amount. Such fidelity bonds shall be written in an amount equal to at least Fifty Percent (50%)of the estimated annual operating expenses of the Association, including reserves. 3. Waiver of Defense. Such fidelity bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of"employee"or similar terms. 4. Cancellation. Such bonds shall provide that they shall not be canceled or substantially modified without at least thirty(30) days prior written notice to any affected mortgagee or its servicing agent. E. Insurance Proceeds. Insurance proceeds payable for damage or destruction to any part of the Condominium shall be paid to the Association as trustee for the Unit Owners, Mortgagees of the Units and/or of the Condominium. The Association, acting through its Board, shall have the authority to settle and compromise any claim under insurance obtained by the Association, and the insurer may accept a release and discharge of liability from the Board on behalf of the named insureds under the policy and any affected mortgagee. No provision of this Declaration shall entitle the Owner of any Unit, or any third party,to priority over the Mortgagee of a Unit with respect to the distribution of any insurance proceeds. F. Unit Owners' Policies. Any Unit Owner may obtain additional insurance respecting his Unit,to the extent permitted by law, at such Unit Owner's own expense. Each Unit Owner is required to notify the Board of all improvements by the Unit Owner to such Owner's Unit which cost in excess of$2,500.00. Any Unit Owner who obtains an individual insurance policy covering any portion of the Condominium,other than personal property belonging such Unit Owner, is required to file a copy of such policy or policies with the Board within thirty(30) days following the purchase thereof,and the Board shall immediately review the effect of such policy with the Board's insurance agent. Each Unit Owner shall be responsible for maintaining insurance on the contents of such Owner's Unit, any additions and improvements to such Unit, the personal property therein maintained and the personal property of the Unit Owner situated at any other location within the Condominium. ARTICLE XIV Damage or Destruction;Reconstruction DECLARATION Garage Town Del Camino Page 28 C:\Documents and Setlings\Mike'My Documents\GT Del Camino Declaration 9.01.05.doc A. Determination by the Association. In the event of damage or destruction to any part of the Condominium,the Association, through the Board or through its authorized agent, shall promptly,and in any event within twenty(20) days after the date of damage or destruction, make the following determinations with respect to such damage or destruction, employing such advice as deemed available: (1) The nature and extent of the damage or destruction,together with an inventory of the improvements and property directly affected; (2) A reasonably reliable estimate of the cost to repair and restore the damage and destruction,which estimate shall, if reasonably practicable, be based upon two or more firm bids obtained from responsible licensed parties; (3) The anticipated insurance proceeds, if any,to be available from insurance covering the loss based on the amount paid or initially offered by the insurer; (4) The amount, if any,that the estimated cost of repair and restoration exceeds the anticipated insurance proceeds; and, (5) Whether the Board or its authorized agent recommends that such damage or destruction shall be repaired or restored. B. Notice of Damage or Destruction. The Board shall promptly, and in all events within thirty(30)days after the date of damage or destruction,provide Unit Owners and each affected mortgagee with a written notice summarizing the initial determination made pursuant to section A above. If the Board fails to so do within thirty(30)days,then the Unit Owners or any affected mortgagees, or both, if applicable,may make the determination required pursuant to this section B. C. Definitions; Restoration; Emergency Work. (1) As used in this Article,the words"repair", "reconstruct","rebuild" or "restore" shall mean restoring the improvements to substantially the same condition in which they existed prior to the damage or destruction,with each Unit and the Common Areas having substantially the same vertical and horizontal boundaries as before. Modifications to conform to then applicable governmental rules and regulations or available means of construction may be made. (2) As used in this Article,the term"emergency work" shall mean that work which the Association deems reasonably necessary to avoid further damage,destruction or substantial diminution in value to the improvements and reasonably necessary to protect Unit Owners and the Association from liability because of the condition of the site. DECLARATION Garage Town Del Camino Page 29 C:\Documents and Settinga\Mike\My Documenla\GT Del Camino Declaration 9.01.05.doc D. Restoration by the Association. (1) The Association shall promptly repair and restore the damage and destruction, use available insurance proceeds for same, and pay for the actual cost of repair and restoration in excess of insurance proceeds received as a common expense. All insurance proceeds available for such repair and restoration shall be used for such purpose until all such proceeds are exhausted, and such insurance proceeds shall not be paid to others or applied for other purposes until payment for all repair and restoration expenses has been made in full. Excess insurance proceeds may be distributed to Unit Owners and affected mortgagees as their interests may appear. (2) The Association shall have the authority to employ architects and attorneys,to advertise for bids,to let contracts to contractors and others, and to take such other action as is reasonably necessary to effectuate the repair and restoration. Contracts for such repair and restoration shall be awarded when the Association, by means of insurance proceeds and sufficient assessments, has provided for the total cost thereof. (3) The Association may enter into a written agreement in recordable form with any reputable financial institution or trust or escrow company or such similar firm or institution to act as an insurance trustee to adjust and settle any claim for loss or for such firm or institution to collect the insurance proceeds and carry out the provisions of this Article. E. Decision Not to Restore; Disposition. Any damage or destruction to the Condominium, or any portion thereof, shall be repaired or restored promptly by the Association unless: (1)the Condominium is terminated; (2)repair or replacement would be illegal under any state or local health or safety statute or ordinance; or(3)eighty(80%)percent of the Unit Owners, including every Owner of a Unit which will not be rebuilt,vote not to rebuild. If all of the damaged or destroyed portions of the Condominium are not repaired or replaced: (1)The insurance proceeds attributable to the damaged Common Areas shall be used to restore the damaged area to a condition compatible with the remainder of the Condominium; (2)the insurance proceeds attributable to Units which are not rebuilt shall be distributed to the Owners of those Units, or to mortgagees as their interests may appear; and(3)the remainder of the insurance proceeds shall be distributed to all of the Unit Owners or mortgagees as their interests may appear, in proportion to the allocated interests assigned to each such Unit. If the Unit Owners vote not to rebuild any Unit,that Unit's allocated interests shall be automatically reallocated as if the Unit had been condemned under Article XV hereof,and the Association promptly shall prepare, execute and record an amendment to this Declaration reflecting the reallocations. Notwithstanding any other provision hereof,in the event that the Condominium is terminated, the distribution of insurance proceeds shall be governed by the provisions of Colorado law. ARTICLE XV Condemnation DECLARATION Garage Town Del Camino Page 30 C:\Documents and Settings\Mikc\My Documents\GT Del Camino Declaration 9.01.05.doc A. Consequences of Condemnation;Notices. If at any time during the continuance of the Condominium pursuant to this Declaration, all or any part of the Condominium shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in advance of such taking,the provisions of this Article shall apply, and notice of the proceeding or proposed acquisition shall promptly be given to each Unit Owner and to each mortgagee. B. Proceeds. All compensation, damages or other proceeds from such taking,the sum of which is called in this Declaration the"condemnation award", shall be payable proportionately to Unit Owners. C. Complete Taking. In the event that the entire Condominium is taken or condemned,or is sold or otherwise disposed of in lieu of or in avoidance thereof,the condominium form of ownership pursuant hereto shall terminate. The condemnation award shall be apportioned among the Unit Owners in proportion to their respective allocated interests in the Common Areas; provided,that if a standard different from the value of the Condominium as a whole is employed to measure the condemnation award in negotiations,judicial decree or otherwise,then in determining such apportionment the same standard shall be employed to the extent it is relevant and applicable. Any such condemnation award shall,before it is distributed to Unit Owners in accordance with their respective percentage of allocated interests in the Common Areas,be used first to pay all mortgages and liens on the Condominium and on the Units, for which the Association or the Unit Owners as a whole are responsible,then be used to pay all mortgages and liens on each Unit within the Condominium to the extent of the prorata portion of the award otherwise distributable to the Unit Owner to which such mortgage or lien attaches. D. Partial Taking. In the event that less than the entire Condominium is taken or condemned,or is sold or otherwise disposed of in lieu of or in avoidance thereof,the condominium form of ownership hereunder shall not terminate. The Unit Owners shall be entitled to a share of the condemnation award to be determined in the following manner: (1) As soon as practicable,the Association shall,reasonably and in good faith, allocate the condemnation award between compensation,damages and other proceeds. (2) The Association shall first apportion the amounts so allocated to the taking of, or injury to,the Common Areas,which in turn shall be apportioned between the Unit Owners in proportion to the Unit Owners' respective allocated interests in the Common Areas. (3) The total amount allocated to severance damages shall then be apportioned to the Units which were not taken or condemned. (4) The respective amounts allocated specifically to the taking of, or injury to, any Unit and/or improvements the Unit Owner had made within such Unit shall be allocated to such Unit. DECLARATION Garage Town Del Camino Page 31 C:VDocuments and SettingsVNdmVNy Documents\GT Del Camino Declaration 9.01.05.doc (5) The amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Association determines to be equitable in the circumstances. (6) If an allocation of the condemnation award is already established in negotiations,judicial decree or otherwise,then in allocating the condemnation award the Association shall employ such allocation to the extent it is relevant and applicable. (7) Distribution of apportioned proceeds shall be made to the Unit Owners and the Unit Owners' respective mortgagees in the manner provided in Section C of this Article. E. Reductions of Units Upon Partial Taking. In the event that(a)a partial taking occurs which,pursuant to Section D of this Article,does not result in a termination of Condominium hereunder, and(b)at least one(1)Unit is taken or condemned and(c)the condemning authority elects not to hold, use and own said Unit subject to and in accordance with this Declaration,then the provisions of this Section E shall take effect immediately upon the condemning authority taking possession of the Unit or Units so taken or condemned: (1) The Units subject to this Declaration shall be reduced in number to those which were not so taken or condemned. (2) The Common Areas subject to this Declaration shall be reduced to the remaining Common Areas not so taken or condemned. (3) The percentage of allocated interests in the Common Areas shall be recalculated so that the adjusted allocated interests assigned to each Unit not so taken or condemned shall retain the same percentage of undivided interest in the Common Areas in relation to the other remaining Units, but the percentage of each remaining Unit should be recalculated in order that the total of such percentages shall equal one hundred percent(100%). (4) Except with respect to the share of proceeds apportioned pursuant to section D of this Article,no Unit Owner or Mortgagee of any Unit so taken or condemned shall have any right,title, interest, privilege,duty or obligation in,to or with respect to the Association or all,or any portion of,the Condominium which remains subject to this Declaration and which is not so taken or condemned. (5) Except as otherwise expressly provided in this section E,the rights,title, interests,privileges,duties and obligations of Unit Owners and Mortgagees of the Units not so taken or condemned(and in,to or with respect to the Association and the Common Areas) shall continue in full force and effect as provided in this Declaration. (6) The provisions of this section E shall be binding upon and inure to the benefit of the Unit Owners and all Mortgagees of(and other persons having or claiming to have any interest in)any Unit. All such Unit Owners,mortgagees and other persons covenant to execute and deliver any documents,agreements or instruments (including,but not limited to, DECLARATION Garage Town Del Camino Page 32 L.\Documents and Settings\Mike\My Documents\GT Del Camino Declaration 9.01.05.doc appropriate amendments to the Declaration, Survey Map and Plans)as are reasonably necessary to effectuate the provisions of this Section E. F. Reconstruction and Repair. Any reconstruction and repair necessitated by condemnation shall be governed by procedures specified in Article XIV;provided, however,the Association may retain and apply such portion of the condemnation award as is necessary to discharge any liability for any special assessment arising from the operation of such Article. ARTICLE XVI Limitation of Liability A. Liability for Utility Failure and Certain Personal and Real Property Damagg. Except to the extent covered by insurance pursuant to Article XIII, neither the Declarant,the Board,the Association or the Unit Owners shall be liable for injury or damage to persons or property caused by the elements or other events of nature, or resulting from electricity,water, rain, dust or sand which may leak or flow from outside or from any parts of the buildings, or from any common pipes, drains,conduit, appliances or equipment,or from any other place, or for inconvenience or discomfort resulting from any action taken to comply with any law,ordinance or orders of a governmental authority.No diminution or abatement of assessments shall be claimed or allowed for such injury or damage or for such inconvenience or discomfort. This Section shall not be interpreted to impose any form of liability by implication upon any Unit Owners. B. No Personal Liability. If the Unit Owners,the Association,the Board,their agents and/or the Declarant have acted in good faith,without willful or intentional misconduct, upon the basis of such information as may be possessed by such person or entity,then such persons or entities shall not be liable to any Unit Owners or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission,error or negligence of such person;provided,that this section shall not apply where the consequences of such act,omission,error or negligence are actually and fully covered by insurance obtained pursuant to Article XIII, nor shall it apply to the extent prohibited by the Act. C. Indemnification. Each Officer,Director or other person or committee member duly authorized by the Association, by the Board or by the Declarant to manage this Condominium and/or the Association,when exercising the powers and duties of the Board and/or of an officer, shall be indemnified by the Unit Owners against all expenses and liabilities, including attorney's fees, reasonably incurred or imposed in connection with any proceeding to which he or it may be a party, or in which he or it may become involved,by reason of holding or having held such position,whether or not he or it holds such position at the time such expenses or liabilities are incurred,except in such cases wherein such person is adjudged guilty of willful misfeasance or malfeasance in the performance of his or its duties; provided,that in the event of a settlement,the indemnification shall apply only when the Unit Owners approve such settlement before it becomes binding upon the party being indemnified hereunder. DECLARATION Garage Town Del Camino Page 33 C:\Documents and Settings\M&e\My Documents\GT Del Camino Declaration 9.01.05.doc ARTICLE XVII Mortgagee Protection A. Priority of Mortgages. Notwithstanding all other provisions of this Declaration and except as limited by the provisions of the Act,the liens created under this Declaration upon each Unit for assessments shall be subject to and subordinate to any real property tax liens attaching to such Unit and against any mortgages which were given in good faith and for value against the Unit. When such mortgagee or other purchaser obtains possession of the Unit as a result of mortgage foreclosure, such mortgagee or other purchaser shall not be liable for the common expense liability chargeable to the Unit which became due prior to the date on which such foreclosing mortgagee was legally entitled to complete such foreclosure and take possession of the Unit, but shall be liable for the common expense liability relating thereto accruing after such date. For the purposes of this Article,the term"mortgages" shall not include real estate contracts; and the term"mortgagee"shall not include a real estate contract vendor or the assignee of a vendor of a real estate contract regarding such Unit. B. Abandonment of Condominium Status. Except when acting pursuant to the provisions of the Act involving damage, destruction or condemnation, or as otherwise provided in Colorado law, no Unit Owner shall, without the prior written consent of the first mortgagee of the Unit, seek to abandon the condominium status of the project. C. Partitions, Subdivisions and Combinations. Except as provided in Article XX, no Unit Owner shall partition, subdivide or combine a Unit, or abandon, partition, subdivide, encumber or sell any Common Areas, or accept any proposal to do so, without the unanimous approval of the first mortgagees of the affected Unit(s). D. Change in Percentages. Except as provided in Article XXI,the Unit Owners shall not amend the Declaration to materially change the percentage of allocated interests assigned to any Unit, without the prior written approval of all first Mortgagees of the Units affected by such change or amendment. E. Copies of Notices. In the event the Association gives a Unit Owner any notice that such Unit Owner has for more than thirty(30)days failed to meet any obligation under the Condominium documents, including the obligation to pay assessments,the Association shall also give a copy of such notice to any Mortgagee of such Unit who has requested to be so notified. F. Effect of Declaration Amendments. No amendment of this Declaration shall be effective to modify,change, limit or alter the rights expressly conferred upon mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded,unless the amendment shall be approved in writing by the affected mortgagee, except for those amendments which relate to a merger of the Condominium with other parcels and those amendments relating to the conformance of Survey Map and Plans with actual construction. Any provision of this Declaration conferring rights upon mortgagees which is inconsistent with any other provision of this Declaration or the Bylaws shall control over such other inconsistent provisions. DECLARATION Garage Town Del Camino Page 34 C:\Documents and Setlmgs\MiceUMy Documents\GT Del Camino Decimation 9.01.05.doc G. Insurance. The Mortgagee of a Unit has the right to demand,by written request, the following: (1) That a copy of any insurance policy or evidence thereof which is intended to cover the Unit on which such mortgagee has a lien be provided by the Association. (2) That any insurance carrier give the Association and any and all insureds (including such mortgagees)at least thirty(30)days' written notice before canceling, reducing the coverage or limits of or otherwise substantially modifying, any insurance with respect to such property on which such mortgagee has a lien(including cancellation for a premium non- payment). (3) That written notice be provided by the Association of any loss or condemnation affecting Common Areas, if such loss or condemnation exceeds Ten Thousand Dollars($10,000.00). (4) That written notice be provided by the Association of any loss, damage or condemnation affecting the Unit in which such mortgagee has an interest, if such loss, damage or condemnation exceeds One Thousand Dollars($1,000.00). H. Inspection of Books. A Mortgagee of a Unit shall be entitled upon reasonable notice to inspect at reasonable hours during weekdays all of the books and records of the Association, and, upon request,to receive an annual financial statement of the Association within ninety(90)days following the end of any fiscal year of the Association. ARTICLE XVIII Mortgagee's Right After Foreclosure In the event any Units are conveyed to the Mortgagee of the Condominium in lieu of foreclosure, or the Mortgagee of the Condominium obtains possessory rights, legal title or purchaser's certificates to the Units and interests appurtenant thereto not sold by the Declarant, then said mortgagee will be liable for only that portion of any assessment against such Units so owned by the mortgagee(or to which the mortgagee has a certificate of purchase)for which Declarant would be liable; provided,that in no event will the mortgagee be liable for any past due assessments which accrued or became due prior to the time the mortgagee obtained possession by foreclosure or by deed in lieu of foreclosure and provided, further,that if at any time the Mortgagee of the Condominium grants,rents or leases such Units or any portion thereof, the Mortgagee of the Condominium shall be liable only for the common expense liability for Units or the portions thereof that the mortgagee grants,rents or leases. ARTICLE XIX Easements DECLARATION Garage Town Del Camino Page 35 C:\Documents and Settings\Mice\My Documents\GT Del Camino Declaration 9.01.05.doc A. General. In addition to rights under the Act, each Unit is hereby granted an easement in and through each of the other Units and all of the Common Areas, for all support elements and utility, wiring,conduit, heat, sewer, storm drainage,water and service elements, and for reasonable access to same, as required to effectuate and continue proper operation of the Condominium. without limiting the foregoing, each of the Units and all Common Areas are specifically subject to an easement for the mutual benefit of each other for all duct work or ventilation stacks. In addition, each of the Units and all the Common Areas are specifically subject to easements as required for any electrical system, electrical wiring,plumbing, heating systems,telephone and cable lines and systems, sewer systems, storm drainage systems, fire alarms, water distribution systems, and all other similar equipment for the benefit of each Unit and the entire Condominium. The specific mention or reservation of any easement in this Declaration does not limit or negate the general easement for the benefit of the Declarant as reserved by the Act. B. Easements and Rights Reserved. Declarant hereby reserves non-exclusive easements over, across and through each Unit and the Common Areas for the benefit of itself, its successors and assigns and the Association. The reserved easements are for ingress to and egress from the Units and for access to,over and under the Common Areas of the Condominium in order to connect and utilize any water, sanitary sewer, storm sewer, conduit, electricity,telephone and/or cable systems, fire pumps,bollards, drainage systems, and other utility lines now established or hereafter to be built in the Condominium. Such reservations in favor of Declarant are expressly for the purpose of allowing the completion of the balance of the improvements, but are not limited to such purposes. The easements reserved hereby shall not be exercised in a manner that will overload or materially impair the use and enjoyment of any Unit in the Condominium. Declarant further reserves an easement over,under, across and through the Common Areas for the benefit of itself, its successors and assigns and the Association for the purpose of remodeling,refurbishing or construction of other improvements,reserving to Declarant and to such others the right to create all reasonable noise, clutter, dirt and debris as may be necessary in completing said construction, subject to the obligations to remove the same upon completion. C. Encroachments. FAch Unit and all Common Areas are hereby declared to have an easement over all other Units and all of the Common Areas for the purpose of accommodating any encroachment due to engineering errors,errors in original construction, settlement or shifting of the buildings or any other similar cause, and any encroachment due to building overhang or projection. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Unit Owners shall not be altered in any way by said encroachment, settling or shifting; provided, however,that in no event shall a valid easement for encroachment be created in favor of any Unit Owner if said encroachment occurred due to the willful act or acts of such Unit Owner or his agent. In the event any Unit or Common Areas are partially or totally destroyed, and then repaired or rebuilt,the adjacent Unit Owners agree to grant an easement for changes in the structure required by law at the time of such repair or rebuilding. The foregoing encroachments shall not be construed to be encumbrances affecting the marketability of title to any Unit. DECLARATION Garage Town Del Camino Page 36 C:\Dornments and Settings\Mike\My DocumentAGT Del Camino Declaration 9.0).05.doe ARTICLE XX Procedures for Subdivision or Combination Except as provided in Article XVII, subdividing, adjusting and/or combining of the Units or Common Areas are subject to the following provisions: A. Procedure. Subdivision and/or combining of any Unit or Units or Common Areas are authorized only as follows: 1. Any Owner of any Unit may propose in writing to the Association any subdividing or combining of a Unit or Units, together with complete plans and specifications for accomplishing the same and proposed amendments to the Declaration and the Survey Map and Plans covering such subdividing or combining, and the Association shall then notify all other Unit Owners of the requested subdivision or combination. 2. Upon written approval of such proposal by seventy-five(75%)percent of all Unit Owners,the unanimous written approval of all Unit Owners whose allocated interests are to be adjusted,the written approval of seventy-five percent(75%)of the first Mortgagees of all Units and unanimous written approval of the first Mortgagee(s) of the Unit(s)to be combined or subdivided,the Unit Owner making the proposal may proceed according to such plans and specifications; provided,that the Board may in its discretion(but it is not mandatory that the Board exercise this authority)require that the Board administer the work,that provisions be made for the protection of other Units and the Common Areas and/or that reasonable deadlines for completion of the work be inserted in the contracts for the work. 3. The changes in the Survey Map and Plans and the changes in the Declaration shall be placed of record as amendments to the Survey Map and Plans and Declaration as soon as practical and shall be effective upon recording. The amendment to the Declaration must include the signature or signatures of the Unit Owner or Owners of the Unit or Units to be subdivided or combined, assign an identifying number to each Unit created or excluded the identifying number of any Unit eliminated,and reallocate the allocated interests formerly allocated to the subdivided or combined Unit or Units to the new Unit or Units in any reasonable and equitable manner prescribed by the Owner or Owners of the subdivided or combined Unit or Units. B. Costs. Any Unit Owner who is authorized to proceed with such subdivision, adjustment or combination shall bear the entire cost of amending and recording the Survey Map and Plans and Declaration, as well as all costs associated with any approved renovations incident thereto,and such Unit Owner shall indemnify and hold the Association and all other Unit Owners harmless on account thereof. ARTICLE XXI Amendment of Declaration. Survey Map,Plans DECLARATION Garage Town Del Camino Page 37 C:\Documents and Settings\Mike\My Documems\GT Del Camino Declaration 9.01 05.doc A. Declaration Amendment. Amendments to the Declaration shall be made by an instrument in writing entitled"Amendment to Declaration of Garage Town Storage Condominiums",which instrument shall set forth the entire amendment. Except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by the Association. Amendments shall be adopted at a meeting of such Unit Owners and first Mortgagees of Units only if approved unanimously by Unit Owners particularly affected,by such other Unit Owner necessary to aggregate ninety(90%)percent of the allocated interests in the Condominium, and by all of the affected first Mortgagees of Units, as set forth in Article XVII, or without a meeting if all Unit Owners and such mortgagees have been notified and the above- stated percentages of the Unit Owners and mortgagees consent in writing to such amendment. An amendment when adopted shall bear the signature of the President of the Association and shall be attested to by the Secretary of the Association,each of whose signatures shall be acknowledged. Amendments shall be effective upon recording. Any decision changing the allocated interests of any Unit,except as provided herein, shall require the approval of all Owners of that Unit, and any such amendment affecting the allocated interests shall be by unanimous consent of all Unit Owners actually affected by such change. Any amendment to this Declaration will be completely effective to amend any or all of the covenants,conditions, restrictions or reservations contained herein which are intended to be affected,unless otherwise specifically provided in the section being amended or the amendment itself. B. Survey Map and Plans Amendment. Except as otherwise provided herein,the Survey Map and Plans may be amended by completion of revised versions or revised portions thereof, such amendment having been approved as a part of any amendment to the Declaration as provided for herein. Such amendment to the Survey Map and Plans shall be effective upon recording in conjunction with the Declaration amendment. C. Discontinuance of Condominium. Any decision or failure to act by the Unit Owners under this Declaration or any applicable provision of law which intends or requires discontinuance of this Condominium or removal of the Real Property from the provisions of the Act, shall, if such decision or failure to act is sufficient with respect to the Act,also terminate and discontinue the effect of any and all of the covenants,conditions,restrictions and reservations set forth herein,and all provisions of the Survey Map and Plans, unless other specific provision is made by recorded amendments to the Declaration and, if required,to the Survey Map and Plans; provided, however,that no such termination shall be sought or accomplished other than with full compliance with the provisions of the Act, as presently adopted or as hereafter amended. ARTICLE XXII Compliance with Declaration A. Enforcement. Unit Owners shall comply with the provisions of this Declaration, the Bylaws and the rules and regulations adopted by the Association, all as the same may be lawfully amended from time to time,together with all decisions adopted pursuant to this DECLARATION Garage Town Del Camino Page 38 C:\Documenls and SettingsU4dce\My Decuments\GT Del Camino Declaration 9.01.05.doc Declaration,the Bylaws and such rules and regulations. Failure to comply shall be grounds for relief, which may include,without limitation, an action to recover sums due for damages, injunctive relief, foreclosure of a lien, or any combination of same. B. No Waiver of Strict Compliance. The failure of any Unit Owner or of the Association in any one or more instances to insist upon strict compliance with any of the terms, covenants, conditions or restrictions of this Declaration,the Bylaws or with any rules and regulations adopted, or to exercise any right or option contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction,but the same shall remain in full force and effect. The receipt and acceptance by the Association of any payment of an assessment from a Unit Owner, with knowledge of any such breach by such Unit Owner, shall not be deemed a waiver of such breach, and no waiver by the Association or the Unit Owners of any provision in this Declaration shall be deemed to have been made unless expressed in writing and signed by the Board, on behalf of the Association, or by all of the affected Unit Owners. This section shall also extend to the managing and authorized agents of the Association and of any Unit Owners exercising the power of their respective principals. C. Cost and Attorney Fees. In any proceeding arising because of an alleged default by any Unit Owner with respect to any provision of this Declaration,the prevailing party shall be entitled to recover the cost of the proceeding,the cost of title search, if any, and all other related costs and reasonable attorney's fees incurred in such proceedings and in any appeals taken therefrom. ARTICLE XXIII Interpretation A. Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate the purpose of creating a uniform plan for development, construction and operation of this Condominium pursuant to the laws of the State of Colorado and in accordance with the other provisions of this Declaration. B. Consistent with Act. The terms such as,but not limited to, "Unit", "Unit Owners", "Association", "Building","Common Areas", "Common Expenses","Limited Common Areas", and"Real Property",used in this Declaration are intended to have the same meaning given in the Act unless the context clearly requires otherwise. C. Covenant Running With Land. This Declaration shall be operative as a set of covenants running with the land and/or as equitable servitudes, supplementing and interpreting the Act, and operating independently of the Act should the Act be,in any respect, inapplicable. D. Unit and Building Boundaries. For interpreting the Survey Map and Plans,the existing physical boundaries of the buildings and each Unit, as constructed, shall be conclusively presumed to be their respective boundaries. DECLARATION Garage Town Del Camino Page 39 C:\Documents and Settings MikeMy Documents\GT Del Camino Declaration 9.01.05.doc E. "Person". When interpreting the term"person"in this Declaration,the singular may include the plural and the masculine may include the feminine, or vice versa, where the context so permits or requires. F. Declarant-Original Unit Owners. Declarant is the original Owner of the Units and will continue to be deemed the Unit Owner except as conveyances or documents changing such ownership are filed for record with appropriate authorities. ARTICLE XXD/ Miscellaneous A. Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof, if the remainder complies with the Act or as covenants affect the common plan. B. Effective Date. This Declaration shall take effect upon recording. C. Reference to Survey Map and Plans. The Survey Map and Plans of the Condominium referred to herein were filed with the Kootenai County Recorder simultaneously with the recording of this Declaration. D. Taxation. Each Unit will be assessed separately for all taxes,assessments and other charges of the State of Colorado, any political subdivision thereof, any special improvement district and any other taxing or assessing authority, in accordance with the Act. For the purpose of such assessments,the valuation of the Common Elements will be apportioned among the Units in proportion to the allocated interests. The Association will furnish to the Tax Assessor of the County of Weld,and to all other appropriate Persons and authorities, all necessary information with respect to such apportionment.No forfeiture or sale of any Unit for delinquent taxes,assessments or other governmental charges will divest or in anyway affect the title to any other Unit. E. Certificate of Resale. A resale certificate shall be issued by the Association upon written request by the unit owner. The request for a certificate shall be accompanied by payment of a processing fee in the amount of$50.00 (Fifty Dollars), or such fee as may be established by the Board from time to time. Upon receipt of a written request and the applicable processing fee, the Association shall prepare a resale certificate and make the same available to the unit owner within Ten(10)days. DECLARATION Garage Town Del Camino Page 40 C:\Documents and SellingsU4&e1My Documenis\GT Del Camino Declaration 9.01.05.doc DATED this day of , 2005. DECLARANT: NEIGHBORHOOD, INC. CLIFFORD E. MORT, President STATE OF IDAHO ) )ss COUNTY OF KOOTENAI ) On this day of , 2005, before me, a Notary Public in and for said State,personally appeared CLIFFORD E. MORT,known or identified to me to be the President of NEIGHBORHOOD, INC.,that he executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. NOTARY PUBLIC for the State of Idaho Residing at: My Commission Expires: DECLARATION Garage Town Del Camino Page 41 C:\Documents and Settings\Mike\My Documents\GT Del Camino Declaration 9.01.05.doc Schedule"A" OWNER'S CERTIFICATE AND DEDICATION GARAGE TOWN DEL CAMINO CONDOMINIUMS LOTS 4 THROUGH 7, BLOCK 2 WESTERNDAIRYMEN COOPERATIVE INC. ACCORDING TO THE PLAT RECORDED JANUARY 21, 1998 AS RECEPTION NO. 2590085 COUNTY OF WELD STATE OF COLORADO . ` J Schedule"B" DECLARATION OF GARAGE TOWN DEL CAMINO STORAGE UNITS Building Unit Condo Number Floor Area(Sq. Ft) Percentage Interest 1 2 102 500 1.1905% 1 4 104 1344 1.1905% 1 6 106 1344 1.1905% 1 8 108 1200 _ 1.1905% 1 9 109 1200 1.1905% 1 10 110 1200 _ 1.1905% 1 11 111 1200 1.1905% 1 12 112 1200 1.1905% 1 13 113 1200 1.1905% 1 14 114 1200 1.1905% 1 15 115 1200 1.1905% 2 1 201 768 1.1905% 2 2 202 768 1.1905% 2 3 203 960 1.1905% 2 4 204 960 1.1905% 2 5 205 960 1.1905% 2 6 206 960 1.1905% 2 7 207 1152 1.1905% 2 8 208 1152 1.1905% 2 9 209 960 1.1905% 2 10 210 960 1.1905% 2 11 211 960 1.1905% _ 2 12 212 960 1.1905% 2 13 213 1152 1.1905% 2 14 214 1152 1.1905% 2 15 215 960 1.1905% 2 16 216 960 1.1905% 2 17 217 960 1.1905% 2 18 218 960 1.1905% 2 19 219 768 1.1905% 2 20 220 768 1.1905% 3 1 301 960 1.1905% 3 2 303 960 1.1905% 3 3 305 960 1.1905% 3 4 307 960 1.1905% 3 5 309 960 1.1905% 3 6 311 960 1.1905% 3 7 313 960 1.1905% 3 8 315 960 1.1905% 3 9 317 960 1.1905% 3 10 319 1152 1.1905% Building Unit Condo Number Floor Area(Sq. Ft) Percentage Interest 4 2 402 1120 1.1905% 4 4 404 1344 1.1905% 4 6 406 1344 1.1905% 4 8 408 1200 1.1905% 4 9 409 1200 1.1905% 4 10 410 1200 1.1905% 4 11 411 1200 1.1905% 4 12 412 1200 1.1905% 4 13 413 1200 1.1905% 4 14 414 1200 1.1905% 4 15 415 1200 1.1905% 5 1 501 768 1.1905% 5 2 502 768 1.1905% 5 3 503 960 1.1905% 5 4 504 960 1.1905% 5 5 505 768 1.1905% 5 6 506 768 1.1905% 5 7 507 960 1.1905% 5 8 508 960 1.1905% 5 9 509 960 1.1905% 5 10 510 960 1.1905% 5 11 511 768 1.1905% 5 12 512 768 1.1905% 5 13 513 960 1.1905% 5 14 514 960 1.1905% 5 15 515 960 1.1905% 5 16 516 960 1.1905% 5 17 517 768 1.1905% 5 18 518 768 1.1905% 5 19 519 960 1.1905% _ 5 20 520 960 1.1905% 6 21 521 768 1.1905% 6 22 522 768 1.1905% 6 1 601 960 1.1905% 6 3 603 960 1.1905% 6 5 605 960 1.1905% 6 7 607 960 1.1905% 6 9 609 960 1.1905% 6 11 611 960 1.1905% 6 13 613 960 1.1905% 6 15 615 960 1.1905% 6 17 617 960 1.1905% 6 19 619 1152 1.1905% TOTALS 84 84,180 100.000% EMERGENCY CONTACT INFORMATION 1)U71. � n PLEASE TYPE OR PRINT ) 6 Business Name: 4. Cox/SO-174'G , u C Phone: /tp,__) `l73 - iZsr Address: ?O. I Q) 27 (097 , t mock/. c0 So/27 Business Owner: Phone: ()io3) 5/X - Z5 3 Home Address: 1o11 5 . QI4 )ts ST. City Lrrri.c"To,,s, co so/L7 List three persons in the order to be called in the event of an emergency: NAME �� TITLE ADDRESS PHONE GLEM/JAfcc4cL14m3, PAP77e- @eV SIR - 2353 NtcrE 4p) P4PTNEIz 6 o3) Y73- Y6 1`..3 (LPL JOWn/Je-A/ 4g /nticr e03) 520 - 9773- Business Hours: N/A Days: Type of Alarm: None Burglar Holdup Fire Silent Audible Name and address of alarm company: NA Location of Safe: 1474 MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: Location(s): Is alcohol stored in building? Location(s): Are drugs stored in building? Location(s): Are weapons stored in building? Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: Gas shut off: Exterior water shutoff: Interior water shutoff: -5- SITE PLAN REVIEW SPR-387 LI MI. nle 61 Ce ONORTH ELEVATION cc f' sl � ■I ...S ,. CO I �`l 111/II. I.��`� ��1 4w_., ' � �� ;sol ��'m�� "I l.��s 1\II. O co C_) =O N o —z OTOWER ELEMENT EAST ELEVATION 1-� 0 v..>ie IerI. Ow._le • �. O O ¢U L O TH. q9 Ey O N_ 9 O 3 Nas E MR ITkIIMMIIM,Itt'tad 44 . ., OSOUTH ELEVATION e ISSI 1��r11 ,�r��rr� n7t ti ��7��t�t i7�Tttt,�.�e�,7��ill 777111 71il111 teTteelfllelled A3.0 0WwEST ELEVATION J 2 . ... • -387 .� —4 LOIS 4,5,6,AND 7, ISION,LOCATED; == oa,•r..o N0E.i .. IN THE NORTHEAST QUART R_ `SECTION YO,TOWNSHIP 2 NORTH,RANG ST OF THE ' AID SI .•Pr C 6TH P.M.,COMITY OF WELD,STATE OF COLORADO,.. yo ELTECTSCAPE XTERIOR EIEV.qM3 WI 1v9 �� .•a.. w �— XR — am — +. t I •• • , r IgTSICA ry 1. OE II . • °e W".r M. IMP NOM,INPPOIS 41 4 -4 ec TYP.PAVEMENT SECTIONI. �Ep1 ..:94:2 = M•s�•:r... 14 rr..,esl•lr ww.wr•lmu,n• r .a t ,r.r..WPM r PRP•A•�.w,•I.r•.ar,.MY,.IY..vI. ! a0'Erw F.T,2 ', �. • ••••••••••••••.0 Lwow•n r bm Y Mal lww w MM.. • 11 _ • MM....w.•..snw 1 P+ f MJ �. '} r`.rr w eclat I.w•toe .w anrr •'Na /4 ..r+.:.ro.n r[.r.n.tw.V Mean owlet mr...WNW.INN41.06.NM el wa.wer r - - f. 1'1. y _ . IMr,M Rrwl Y.nl.Woos., Mom*. Vyr ILL NNW RI,..r r,s MAN 3•r.S.•SI.N,e en YI... `T' Ms,•..w.l Nu r tom.rr..•.W.••.••.4,r..r•rta 11■ .,r1 Q\ r` rl .• : Y.NNW.,•Ia.IYr.!miaow ' I. YWYA,,, ' }Qr ,I I1 ' Y.•.Y.,Minx>„!Mw%a•.•wM r•.E Ow.Yes Le i++ i Ye .G �' ��• -VO • •M�p M.YN.11!.[..S.1,r..1]•r•w•hat.....t.M.l • .r•,Ir •., •r ws CT9NII116 • r reptvmmy.•.r,r mean tawse I.rtr, -rte-. a • Rim — I A ae.•Ye•lN,H....40 RAO A�.p APPLI INC PAP ea* Q I T�i.,.. - • 1 wawa wean en.r, e.'r,er,.a../rrw r.,•a �E .Na•L•-� .I I• Ii E ; 10414,., ..aw.rvvwwr,rYrr'Orw•• CO r� r mow r.-. - .. - . ...."r•...ew',•,,,n.ue+,.l.lb4,w•I.[.u..• `.) _C O3 WALL-MOUNTEDCUT.OFF LIGHT FIXTURE 1 I - 1 - - - I { I �'',[�\ r��l r./. 691 vPk- I ' 1 lisee:w..•ILA w.�rr,:,."..�••w.•l•le n..r.s..,.,. � -Co .1:<i,;:..r..:,2i.•u AI: _——_ I=: .a-• j i'. I rlrr.n,'..re.,. .•.WV•..7 xx,w.r,l.ao...•ne,a••w.Way., 4� C Z • CCI 1p .r h — .P".--‘..-_-.A._ I T q'd T Ij ►P ,INf 11Fa SKhb•f IYIfaFN;lea - ai ._..i.•,•:-; un..w�n„o eon wfa..u r�+�vuw.n MAO•• 7 -• _. —_ -:.:�" .— '..0 'fi Lwrsar •-'�'_.Y .�111LC � _ . OM "�....rrcarael IN Omen.•km,v.r Worsen I,Ir; •.,.........,,,r...Cea.,YreIntr....ParN.MAI LU r 1 ' k" " numt a.r,•,.:Kee eV M.r..rr.ON,PM.M40 Me"• .1 '1 .s••.•rinl _ ... IS �' N.w••.PO E••LIfe, O U70 ,I •• ! I :��>.� ;.; r ..w.. .y� ..e.Le,.W, r.. r.•;!,.._;s._r o I1. • '. z., . t'.I —' -wrE Ewe - i ";emu.'::�:,: .•o,. M.... G., or o.. ,�Y of u ...•ti•.M r: .... �o ••r•••. , a rim.. I w�a•�•'..dw-.... .MN a. ,•s•..n.m..vm...0,IL MINErte OUP.INN AMEN Neel .. `. l' Ai. • _.. r•u rn.r steam twa•r.an, U • • .1—.4.7.40:""' • Y :'.� M. F.f+�M v L. y NINA..r•.r•,Mw..pw...l.'•I 1prnu,o M.. II '. •'y _ II f� —r r}E(Iy1 � � er wr y, '4 gj i�� •{ f a 1..•.g.wbht<NMI MOS n••eN tree WON MAL.+LM1 pa —7 Inow eL NM NNO -- R tE•DIFE.: f: •r.r..•.+rrrwr,..rv.lw..rsrlrr....,.r•rr•�... =,d��,,,-• - ( r.,ra.a..,.rrrr.�.errn•s•anr. --�. 011— i .:at— Y'.. •(r/� ►..+.•,••�•••+wl.•.rr,•r•.r,••••wore•••rrn�r �.; saw:� J• 1• i• w .•.. ...l.,.Fo angora fe _ I{aE7tlG.T•^ .�.•...rw. rkJILii • �• TR M,I1re(ll' s • rurw• N , - - • :r Foe MN .litierria u,w mn,v.cv.w II CI :..n __. . 14w.rlr•.r.r..rr.r..r.+,.r !lIIC�'^r _. •,Hr.,. ... .. .. .. .__ TOc EACH o ,M nOUI m(I� n.w.,..,.r.,.rw Y. •rrlr.�, - • PLUS,2 irronAroTNICHE=Kor.. II w L.i ELEVATION ',: Eli3, (I) •�•...r4..r A1 . 0 1 ()TRASH ENCLOSURE �JARCHITECTUAAL SiTE00F PLAN _—_ _..- .>~ r »ter^'-- �/ ai •.pa 6 u 60 w s.nrw PLANTING oLLE,=,„aa11N SITE PLAN REVIEW SPR-387et T 7. 001 02 pot ; "� � _ 1041 O, \ } . I 1 I i _� .. 1 .oa 20oa z10 1•.... - - 'Ti1 ho9 I .. �.,Q c— � i I1 _ _212 _---..-- i 1 0 61 z11 $1 ,110 Fit, I 1 . G1161. 1�1a g ,.f1 219 __ �-1 , �o I �22o 219 114 115 ' 2. BUILDINGS B0AflINGYe. / &&Dff G t '�'— '- I � m _ :GS�";�BH&OIN@S�_,� i,_ BNIlWNG4 PC-1- { r3 .OO renmu.. .. r. 1 0 m- 1 619 522 __. 5210 d .w..,, ..--�...� - r A 20 �1 414 415 I mt C.- _— 5, a) m.- 5 .....,.I...-.... _�16 517 412 b7 I _ - hE llIMITICIEASMILEM,4111h.NNICIPOSTI AMMO', ..E.. N, .M. 116 61 �m u w... �1 51a �1 X410 1 1 512 511 409 409 i X510 =r� u.— NI 506 406 � /( / , - . I -1506 505 404 P� _.._.,�___ at f soa 14�, �g 6 � _ — .o�,r L 601 — 'y.5502 p� 501 _ 0 d�r OTYP.TREE PLANTING lai�J •` `h° C _f EITIMIll i u.. L1 .0 Otte.SHRUB PLANTING OUNGSCAPEPWJ • IWWIWIIIHIWII&II - nrrilA� WESTERN DAIRYMEN COOPERATIVE, /NC, ., A TRACT OF LAND LOCATED IN W 1/2 OF NE 1/4 & E 1/2 OF NW 1/4 SECTION 10, TOWNSHIP 2 NORTH, RANAGE 68 WEST OF THE 6TH P.M. w-", WELD COUNTY, COLORADO SEPTEMBER 1997 S-431 _ Pzx ol.,.l.,.wl..,ls. .s„V&TET,. .'o ..E MitI EE TELO : i TIE I.APRIOYAL WRITS PLAT MT E..03.00.,�E....la.' .,TO 00x,105 m 6,. so ..03.,10. SIC,..lo,..:.00 ca.,' I.E. .., ..,..,....,,.,..I...,E. xE ro... .,M,.,..�x� tcinmEma.,,,,„,E.�'ffI INTO L06 TIC BLACKS AS 60E.MT THE ATTACIED MP MECO Sat TOTITEMIP 2 FNMA PAITGE SA AES1 ,.t.s'M. ""` i l „...A..�xE—Ts; p 94,�9_{p , .o,..'.. ..�,....s.'...ff.,.,....w�,.. 05.,,03 015..10,E.,,.w„�E 4....IE,m.....L„....l,.,.,...oLYE bE .r ^.E..al '" p `,„� •0*.-CE. .s Ed..m.,.,..al...,,�,.' .,..ero R�E`6 ' i1! ICIMIAL p / w TIE.,co.lsslm ram" ..ws "^ v s _._ ae�'. • •. *%n,xw mlc , �"" ii{iwf z ... Ins . OLElit . E o .n.z......IC iEln..C.x n-- ; 0_�o. 'm' Ebo � 0. ...�z.,x..au.lc. PEENS rI ttic iai ls:"stove:, ..E.o . ..vw. ,x.xvu.er ..E AE.la......E.IE,1* 6TOP COLOI600.00�,.o. 6,.�.EEI ,la .. w .��__ ..IE. .x„E.W..I. �I.,IaEA ,„�� s... b .....,E .I.�,.I,„. ` F ..,E.m„ i` I 1. C i ..I , ,E..E.a E.E.1 E.� 031E EE EEEE.,I01 . .Sa .. —.oNces11 cc N.A1 1, ' 7.n, sT70,IT: 71:017.1;v .la„s... E�..z ..E,C.W.NCE it oE�..EEEI..H„m,� � EI scrum DELTA MC MAO mono Gm .x9,,,0 ,.E,. 1a`'ZE.,w.,•.� .x�.° i. gm. K Yr.3 ovx. 5ca mo.co irec.ae. All 15E nu",c0111 01¢03, u, .C. [� 'WW + n vm e.M .r un1W[.111110'.ws '0.b °W 'InST � -� ,: S uz. v_ „E .x,E 4. TiE z �.6 CIF ",. ., 03,1E a.. i I. { i WOK .b< .xEPT,,, 6 S A.,--- 0N 5 FP • ie®uimusimiu - n.aA .. WESTERN DAIRYMEN COOPERATIVE, INC, a A TRACT OF LAND LOCATED IN W 1/2 OF NE 1/4 & E 1/2 OF NW 1/4 1 SECTION 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. N WELD COUNTY, COLORADO » S-431 ., <• R �L » NAFF 2 LTo1. O.< Wl&01fl9 C. zmw ze.L» LS nn° �rs v i� �IS n'jg COLORADO STATE HIGHWAY f 9 ""'\\ a r ExiT,Pt u 1.R.�NOISE 011214Er L—.mss.o+a. . _. _. ai E ..10 a.[ _ . ° 4 »9<f a��w.so •:m"�»•\ �R31 r. \ �..P�.d' r, --- a ir,___"'kLp9�'4dM1t "" �' imm a MAW' rm ,6 i ,e - El1 .i S n ^a yy .e ac 91clEs b f 31 ACE ° 1.319cas s f.3f TEs S 1..s AC A3 $ .n°nes ®-y p. gigs Y�1 ! $ s ^� a i a a 5 g d p { 6 O i i15 `� S tl`A M - if 8 TEN SPACE 'A� lu b' ri- r r rra n' —'at i .�, .a ej_�.jj it 9.53 Cs Ne1P'e ✓�m».r.. I L,z . gee 1. II 690 ACES LOT 1 e 8 LOT 3 a LOT. ! Lai 5 f i" �� a R d .o n�urt xn,u, gg I.ft.L f.fi.clEs p 1.f1 ACRES�^ f.f ACRES - 1.15 ACRES a Oil a n dN 4S" ;- '1i- * d e - • e 1 G f Lo„ iyAp LI % �m'mer.n a Z 1 a 4_,C,71:7, 4: eRE5 i , I 4.�,. -I - "17----' -,nom - rn---- a f.51 -, » 1 _ ) »w ,a .1LIT...,.T_A P ₹ i s a 4 vim, ypyp E Oi 10 g 0.01 9 H LOT B y 0.01] 0 LO]5 71 I I ¢ a S . I.I IL.CIIE9 $ f.13 ACRES ® 1.If 1C1Es p 1.1 .CAEs d 1.15 ACRES i ( I it/ ; 1. al Y a 0 00 1 L'T -a- 5, S f.15"t; 5 gr. g00 E OPEN SPACE i „A.. i n d V StlRR 19.13 ACRES n. ii l.. �i n' ��'�i I of;F_ �• tl n n �O,ilil • g i.avl-..r-Yam:1r » 1039.01.30•9 laz.m s1.1nR 19» f TOTAL AREA-55.01 ACRES I mew— TOTAL O 01 AREAL 99 ACRES 152.701 d 4 TOTAL OPENRWACE--]19.33 ACRES 135.511aR 11 S Y.�ORI»NI.0 awn.. 14EER T LOTS. 19 vA»mR 0 y i' LV»on. mm. M YiMInnE�RCrfnTiK I1R.l». rR6IDM�0t1¢nFYTif%'iiRIXc. DE. Hli»xM�afll F.aliekkiPc II P-3 LI Inuwrrrrrnrur — - _ _��_ -- --- . HWY 119 20 UT IL T TY EASEMENT __ -- unLI'CCY Walkway LARGE TREES r• .•I 1gn Turf Area Turf Area 'ice ' • -'I I: C oc ��.:, .#� ;1, L.>♦�L.1 �'..' rg ' <a,.;.'L°wS,Z.-_:fir 1s�'�- .J -'_zs ��tYl I Planting Area Planting Area .• lantang Area N Turf Area „qi al Ici "w. .I 0 f I ggggCT OM A-A U CDL,.... P/f14-..... CENTER ° I°P�' Turf Area m i 5r • A. Et t III A- - STAGECOACH ROAD NORTH i w y 1 IE�` Af_ N. \ ' I tandscM>e 1e nd 1 LwCcape Motes -a+d �ww ...l�'8..,, nr 1/N I 1 ,�.... ........................ .,. OO ,..., p I i g, A e I -e-w.v.n.s. •eras ,_-_''_Tam- C !ISIS.a • lo' UTLITY EASEMENT ` MOW..� •..•r�..•wi.I..... .o..,... �n n �• L 1 it 8 g I R // J a n Y \` STAGECOACH ROAD SOUTH I L// I 4 U a ry Q 0 .t U I •r ua..l..rr—rw...1. - - ._. _• _ S-431 I I _ _..�__.-.r.__��__.-__..rte - -""" 'I 'Ign li ------.------•"•----` - Concrete Walkway Turf AreaPHASE II PHASE I 5 _ 0_ LANDSCAPE F A"1y ��:. „,'�' �•- �. , T.--.T :Z.�. ../i►��1 �... Fj ••-• - •� UTILITY EASEMENT L • CLEAR LONE FROM LARGE TREES Planting Area I. ' Planting Area r S at Z - N U a N == W Turf Area I 2 it S W 'py c ~ Z Y W M H - W 5 1 LIZ b .00 us \ U t i C a i Q 9 I i n [ I 10' UTILITY EASEMENT Y I Vii'3 4O1 N • • 10 UTLITY EASEMENT---`" g 1 I R I I• ►.-•il s ( I w I 15' UTILITY EASEMENT J i V 12 W Q f d i I 1 ..r' Si Y ILIA hII IIIIillIulIIII NI III IIILIIINII tp :DIMS al 3320001 00107!2006 05."2/F midcunt,.£0 ode r seaweed No. 1 of i R 0.00 D 01.04 Steve Moreno Clerk el Recorder SPECIAL WARRANTY DEED THIS DEED. Made this god dsy of September. 2009, betaem I.EHIGH EKTERCRSE.S ACQUISITION CORPORATION. A DELAWAREconrORA1l0N ofde*Coate of and gam of Colorads grenade),and NEICRDORHOOR.INC., AN IDAHO CORPORATION whose legal address 13101 NORTH METIER • ROAD, COEUR D'ALE"IE. ID $3114 of the CmmN of and State of Idaho.gra.Rc(s): WITNESSLTR,That the grmam(s).fur sad in maidmtion of the win of SIX HUIRDREl1 ITN THOUSAND THREE HUNDRED SIXTY-FIVE AND 00!100 DOLLARS. OW receipt od aftckncy of which U hneby acknowledged,has gramcd,bargained,Si!sad amveyed sad by Owe pronto does grant bargain,ail convey and ooafam,unto dra gnne(a).Nsflrr heirs and anion forever,all the real popery.together with improvements,ifarty, aiware,lying and being In We Comity of WELD.See of Colorado,desatbed at follows: LOTS 4 THROUGH I,BLOCK 2. WESTERN HAIRYSIEN COOPERATIVE.INC. ACCORDING TO THE 1'I.AT RECORDED JANUARY 21.1991 AS RECEPTION NO.2590 cove n'OF WELD.STAN.OF COLORADO. RESERVING UNTO GRANTOR ALL MINERAL RIGHTS INCLUDING ORES,MILT.tIS AND MINERALS OF ANY KIND AND CHARACTER INCLUDING ItIGHtS TO SAND AND GRAVEL,COAL,AND TO OIL CAS AND OTHER LIKESITBSTANCF3 IN AND UNDER SUCK LAND. GRANTOR.SIR'CITSORS AND ASSIGNS AGREES TO NEI'11hER AUTHORIZE NOR ENGAGE IN ANY ACIIvflTFS RELATED TO DRILUNU:.E.'RLOLATION OR EXTRACTION OF ANY MINERALS OF ANY KIND ON THE PROPERTY HEREIN CONVEYED. also known o Street and mamba m: TOGETHER with all and Stone the hmedilarmnu sad spPmrcoaua Mattarno belagiag. or in anywise appnslning,and the winkle and mansions,reenoda sal nmdaden,rem,lsaea.IS profits therr slid all tbe o l eEid all the estate.right Mk,Wren claim anthrowndad whanaotver of the graelo(l),tither la law or equity, o o bargalmd pfdmsa,with the bneditooena and appmtmaet. arse toed gad daer3al with the apPnme000cea, the TO LUXE AND TO HOLD the sold prmtina above barn' grantee(s), haler heirs, and snips fewer. The pamm(e). for IdnnelOkrscl( hisfrer bens, and pemod representatives or saawma,does covenant and ages that •Wandtb'Ralf and will WARRANT AND FOREVER DEFEND Use above•bnhwloed premises in Ow quiet am peaceable possessive of the Inanmt(s), hiamee Mein and saigm, spinal AI and every panto or persons NWndng the whole Of say put rhaeo4 by.through of Veda t e grammfs). IN WITNESS WHEREOF.The grants)has dewed this dad on the dale ea forth shove. LEHBILCH ENTERPRISES ACQUISITION COON ,tWARf.('ORPO TI N RERNARD B WNELL.O VICE MESH STATE OF In.4.aOtcA-c/ Comb of }S µ The dhefewthis d,9 day of Qs.ir4 .&OOjy BERNARD BROWNELL AS VICE PRESIDENT FOR LEHICH ENTERPRISES ACQUISITION CORPORATION,A DELAWARECOR'OItAYION. Witness wend end official mat • F. .'..., My eanrdmin(mire. `=4 FQlL- a 3•� �, Homy Inge Vh yaws.er.•4rt. (e A•. f'.. ;.• E1WipaYr "A. sag mara-Nay Ms DF t:l•.;C 0wopwow, ot na Is.et..aA.meCW.WSRYnA'te1Y.. Wise on aapnem a0..sawa (00/100 d 6059919E0E(Xdd) __ __. RONJS3 0008010) 25 :VI (301)5002-00-1J0 Grubb & Ellis Company 1200 17th Street #2000 Denver, CO 80202 Phone: (303) 572-7700, Fax: (303) 572-7722 I The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. 2 (CBS 3-7-04)Final 070704 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX 5 OR OTHER COUNSEL BEFORE SIGNING. 6 7 CONTRACT TO BUY AND SELL REAL ESTATE 8 (VACANT LAND-FARM-RANCH) 9 10 Date: March 24, 2005 11 12 Purchase Price:$ 610,365.00 13 14 1. AGREEMENT. Buyer agrees to buy, and the undersigned Seller agrees to sell,the Property defined below on the terms and conditions 15 set forth in this contract. 16 2. DEFINED TERMS. 17 a. Buyer. Buyer, DBM Consulting, LLC and/or Assigns 18 will take title to the real property described below as O Joint Tenants O Tenants In Common Z Other 19 • 20 b. Property. The Property is the following legally described real estate: 21 Lots 4, 5, 6 & 7, in Block 2, Western Dairymen's Cooperative, (Milky Way Business Park) Weld County, Colorado 22 in the County of Weld ,Colorado,commonly known as No. 23 24 Street Address City State Zip 25 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of Seller in 26 vacated streets and alleys adjacent thereto, except as herein excluded. 27 c. Dates and Deadlines. 28 Item No. Reference Event Date or Deadline 1 §5a Loan Application Deadline N/A 2 §5b Loan Commitment Deadline N/A 3 §5c Buyer's Credit Information Deadline N/A 4 §5c Disapproval of Buyer's Credit Deadline N/A 5 § 5d Existing Loan Documents Deadline N/A 6 § 5d Objection to Existing Loan Documents Deadline N/A 7 § 5d Approval of Loan Transfer Deadline N/A 8 § 6a(4) Appraisal Deadline N/A 9 § 7a Title Deadline 10 days after MEC 10 §7c Survey Deadline See Addendum A 11 §8c Survey Objection Deadline See Addendum A 12 § 7b Document Request Deadline 10 days after NEC 13 § 8a Title Objection Deadline 45 days after MEC 14 § 8b Off-Record Matters Deadline 10 days after MEC 15 § 8b Off-Record Matters Objection Deadline 45 days after MEC 16 § 10 Seller's Property Disclosure Deadline 10 days after DEC 17 § loa Inspection Objection Deadline 45 days after MEC 18 § lob Resolution Deadline 70 days after NEC 19 § 10c Property Insurance Objection Deadline 45 days after MEC 20 § 11 Closing Date See Addendum A PREPARED BY:Bruce Mawhinney,Vice Presided CBS 3-7-04,Contract to Buy and Sell Real Estate(Vatant Land-Farm-Ranch).Colorado Real Estate Commission ReaSFAST®Software,woos,Version 6.16.Scftvrare Registered to:Joni Coxhead,Grubb&Ellis Company Page 1 of B!1 Buyar(s) Seeer(s) ? 21 § 16 Possession Date On Date of Closing 22 § 16 Possession Time On Date of Closing 23 § 27 Acceptance Deadline Date March 30, 2005 24 § 27 Acceptance Deadline Time 5:00 p.m. MST 29 30 d. Attachments. The following are a part of this contract: 31 Addendum A, Exhibit A, Common Interest Community Addendum 32 Note:The following disclosure forms are attached but are not a part of this contract: 33 Sale/Lease Americans With Disabilities Act, Hazardous Materials and Tax Disclosure 34 e. Applicability of Terms. A check or similar mark in a box means that such provision is a pplicable. The abbreviation "N/A" 35 means not applicable The abbreviation "MEC"(mutual execution of this contract)means the latest date upon which both parties have signed 35 this contract. 36 3. INCLUSIONS AND EXCLUSIONS. The Purchase Price includes the following items(Inclusions): 37 a. Fixtures. If attached to the Property on the date of this contract,lighting,heating,plumbing,ventilating,and air conditioning 38 fixtures,inside telephone wiring and connecting blocks/jacks,plants,mirrors, floor coverings, intercom systems,sprinkler systems and controls; 39 and 40 N/A 41 b. Exclusions. The following attached fixtures are excluded from this sale: 42 None 43 c. Personal Property. If on the Property whether attached or not on the date of this contract 44 storm windows, storm doors,window and porch shades, awnings,blinds, screens, window coverings,curtain rods,drapery rods,storage sheds, 45 and all keys. If checked,the following are included: 0 Smoke/Fire Detectors, 0 Security Systems; and 46 N/A 47 d. Transfer of Personal Property. The Personal Property to be conveyed at closing shall be c onveyed, by Seller, free and clear 48 of all taxes,(except personal property taxes for the year of closing),liens and encumbrancese\Vide* 49 50 Conveyance shall be by bill of sale or other applicable legal instrument • 51 e. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: 52 N/A 53 f. Water Rights. The following legally described water rights: 54 None 55 Any water rights shall be conveyed by N/A deed or other applicable legal instrument 56 g. Growing Crops. With respect to the growing crops, Seller and Buyer agree as follows: 57 N/A 58 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: 59 Item No. Reference Item Amount Amount 1 §4 Purchase Price $ - 610,365.00 2 §4a Eamest Money $ 10,00 0.00 3 §4b(1) New First Loan 4 §4b(2) New Second Loan 5 §4c Assumption Balance 6 §4d Seller or Private Financing 7 8 9 §4e Cash at Closing 600,365.00 10 TOTAL $ 610,365.00 $ 610,365.00 PREPARED BY:Bruce Mawhinney,Vice President CBS 3.7-04,Contract to Buy and Sell Real Estate(Vacant land-Fann-Ranch).Colorado Real Estate Confssicm ReasFAsre Software,02005,Version A16.Software Repisteied to Ja ii Coxhead,Gmbh&Ellis CompanyPage buyer„`"`— v SRs —rCTI/ \ 1 • 60 Note: If there is an inconsistency between the Purchase Price on the first page and this§4,the amount in§4 shall control. 61 a. Earnest Money. The Earnest Money set forth in this section,in the form of a chock ,is part payment 62 of the Purchase Price and shall be payable to and held by Colorado Escrow and Title Services (Earnest Money Holder),in its trust 63 account,on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered with this contract unless the parties mutually agree 64 and set forth a different deadline in writing for its payment. The parties authorize delivery of the Earnest Money deposit to the closing 65 company, if any,at or before Closing. In the event Earnest Money Holder has agreed to have interest on earnest money deposits transferred to a 66 fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any 67 interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. 68 b. New Loan. [Omitted-Not Applicable] 69 c. Assumption. [Omitted-Not Applicable] 70 d. Seller or Private Financing. [Omitted-Not Applicable] 71 e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing,plus Buyer's closing costs,shall be in funds 72 which comply with all applicable Colorado laws,which include cash, electronic transfer funds, certified check,savings and loan teller's check 73 and cashier's check(Good Funds). 74 5. FINANCING CONDITIONS AND OBLIGATIONS. 75 a. Loan Application. [Omitted-Not Applicable] 76 b. Loan Commitment. [Omitted-Not Applicable] 77 c. Credit Information. [Omitted-Not Applicable] 78 d. Existing Loan Review. [Omitted-Not Applicable] 79 6. APPRAISAL PROVISIONS. 80 a. Appraisal Condition. This subsection a. 0 Shall ®Shall Not apply. 81 82 Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valuation 83 determined by an appraiser engaged by N/A .The contract shall terminate by Buyer giving Seller 84 written notice of termination and either a copy of such appraisal or written notice from lender that confirms the Property's valuation is less 85 than the Purchase Price,received on or before Appraisal Deadline (§ 2c). If Seller does not receive such written notice of termination on or 86 before Appraisal Deadline (§2c), Buyer waives any right to terminate under this subsection. 87 b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by ® Buyer 88 0 Seller. 89 7. EVIDENCE OF TITLE. 90 a. Evidence of Title. On or before Title Deadline (§ 2c), Seller shall cause to be furnished to Buyer, at Seller's expense, a 91 current commitment for owner's title insurance policy(Title Commitment)in an amount equal to the Purchase Price, or if this box is checked, 92 ❑An Abstract of title certified to a current date. At Seller's expense,Seller shall cause the title insurance policy to be issued and delivered to 93 Buyer as soon as practicable at or after Closing. If a title insurance commitment is furnished, it ®Shall 0 Shall Not committodeleteorinsure 94 or insure over the standard exceptions which relate to: 95 (I) parties in possession, 96 (2) unrecorded easements, 97 (3) survey matters, 98 (4) any unrecorded mechanic's liens, 99 (5) gap period(effective date of commitment to date deed is recorded),and 100 (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing. 101 Any additional premium expanse to obtain this additional coverage shall be paid by 0 Buyer 0 Seller. 102 b. Copies of Exceptions. On or before Title Deadline (§ 2c), Seller, at Seller's expense, shall furnish to Buyer\krld 103 ,(I)a copy of any 104 plats,declarations, covenants,c onditions and restrictions burdening the Property, and (2) if a title insurance commitment is required to be 105 furnished,and if this box is checked 0 Copies of any Other Documents (or, if illegible, summaries of such documents) listed in the 106 schedule of exceptions(Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these documents pursuant to this 107 subsection if requested by Buyer any time on or before Document Request Deadline (§ 2c). This requirement shall pertain only to 108 documents as shown of record in the offices of the clerk and recorder.The abstract or title insurance commitment,together with any copies or 109 summaries of such documents furnished pursuant to this section,constitute the title documents(Title Documents). 110 c. Survey. On or before Survey Deadline (§ 2c) 0 Seller 0 Buyer shall cause Buyer and the issuer ofthe Title Commitment Ill or the provider of the opinion of title if an abstract,to receive a current 0 Improvement Survey Pint ❑Improvement Location Certificate 112 0 (the description checked is known as Survey). An amount not to exceed$ See Addendum A 113 for Survey shall be paid by 0 Buyer 0 Seller If the cost exceeds this amount, See Addendum A shall pay the excess on or 114 before Closing. 115 8. TITLE AND SURVEY REVIEW. 116 a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title, 117 form or content of Title Commitment or of any other unsatisfactory title condition shown by the Title Documents,notwithstanding § 12,shall 118 be signed by or on behalf of Buyer and given to Seller on or before Title Objection Deadline (§ 2c), or within five (5) calendar days after 119 receipt by Buyer of any change to the Title Documents or endorsement to the Title Commitment together with a copy of the document adding 120 any new Exception to title. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the condition of title as PREPARED BY:Bruce Mewtrinney,Vice President CBS 3-7-04,Contract to Buy and Sell Rea Estate(Vacant Land-Farm-Ranch).Colorado Real Estate Commission ReaLFA$TT SoGware,©Znu5,Version 6.16.Software Registered to Joni Coxhead,Grubb&Eis Company P I? Buyer Seller(s) 121 disclosed by the Title Documents as satisfactory. 122 b. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline(§2c) 123 true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens(including, 124 without limitation, governmental improvements approved, but not yet installed)or other title matters (including, without limitation, rights of 125 first refusal, and options) not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the 126 Property to determine if any third party has any right in the Property not shown by the public records (such as an unrecorded easement, 127 unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition disclosed by Seller or revealed by such 128 inspection, notwithstanding § 12, shall be signed by or on behalf of Buyer and given to Seller on or before Off-Record Matters Objection 129 Deadline (§ 2c). If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of 130 which Buyer has actual knowledge. 131 c. Survey Review. Buyer shall have the right to inspect Survey. If written notice by or on behalf of Buyer of any unsatisfactory 132 condition shown by Survey, notwithstanding§ 8b or§ 12, is received by Seller on or before Survey Objection Deadline (§ 2c) then such 133 objection shall be deemed an unsatisfactory title condition. If Seller does not receive Buyer's notice by Survey Objection Deadline (§ 2c), 134 Buyer accepts Survey as satisfactory. 135 d. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 136 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 137 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR 138 INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT 139 WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH 140 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT 141 FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH 142 DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL 143 FOR AN INCREASE IN SUCH MILL LEVIES. 144 In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if 145 written notice is received by Seller on or before Off-Record Matters Objection Deadline (§ 2c), this contract shall then terminate. If 146 Seller does not receive Buyer's notice by such date, Buyer accepts the effect of the Property's inclusion in such special taxing district 147 and waives the right to terminate. 148 e. Right to Object,Cure. Buyer's right to object shall include,but not be limited to those matters listed in§ 12. If Seller receives 149 notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as provided in subsection 8 a,b, c and d 150 above, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same prior to Closing. If such 151 unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing,this contract shall then terminate;provided,however, 152 Buyer may,by written notice received by Seller on or before Closing,waive objection to such items. 153 f. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. 154 Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including 155 without limitation boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and 156 other unrecorded agreements,and various laws and governmental regulations concerning land use, development and environmental matters. 157 The surface estate may be owned separately from the underlying mineral estate,and transfer of the surface estate does not necessarily 158 include transfer of the mineral rights. Third parties may hold interest in oil, gas, other minerals, geothermal energy or water on or 159 under the Property,which interests may give them rights to enter and use the Property. Such matters may be excluded from the title 160 insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this 161 contract (e.g., Title Objection Deadline [§2c]and Off-Record Matters Objection Deadline [§2c]). 162 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings for 163 which a building permit was issued prior to January 1, 1978, this contract shall be void unless a completed Lead-Based Paint Disclosure 164 (Sales)form is signed by Seller and the required real estate licensees,which must occur prior to the parties signing this contract. 165 10. PROPERTY DISCLOSURE, INSPECTION AND INSURABILITY; BUYER DISCLOSURE. On or before Seller's Property 166 Disclosure Deadline (§2c),Seller agrees to provide Buyer with a Seller's Property Disclosure(Vacant Land)form completed by Seller to the 167 best of Seller's current actual knowledge. 168 a. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Property and 169 Inclusions, at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion, Buyer 170 shall,on or before Inspection Objection Deadline(§2c): 171 (1) notify Seller in writing that this contract is terminated,or 172 (2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct 173 (Notice to Correct). 174 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2c), the physical condition of the Property and 175 Inclusions shall be deemed to be satisfactory to Buyer. 176 b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a 177 settlement thereof on or before Resolution Deadline (§2c),this contract shall terminate one calendar day following the Resolution Deadline, 178 (§2c),unless before such termination Seller receives Buyer's written withdrawal of the Notice to Correct. 179 c. Insurability. This contract is conditioned upon Buyer's satisfaction, in Buyer's subjective discretion,with the availability,terms, 180 conditions and premium for property insurance.This contract shall terminate upon Seller's receipt,on or before Property Insurance Objection 181 Deadline (§ 2c) of Buyer's written notice that such insurance was not satisfactory to Buyer. If said notice is not timely received,Buyer shall 182 have waived any right to terminate under this provision. PREPARED BY:Bruce Mawhinney,Vie President CBS 3-7-04.Contract to Buy and Sea Real Estate(Vacard land-Farm-Ranch).Colorado Real Estate Conmiadm RealFASTS Soiware,O7005,Versim 6.16.Software Registered to:Joni Coxhead,Grubb&Eris Company Pape Buyer(c) Seller(s) • 183 d. Damage,Liens and Indemnity. Buyer is responsible for payment for all inspections, surveys, engineering reports or for 184 any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such 185 activities. Buyer shall not permit claims or liens of any kind against the Property for inspections, surveys, engineering report and for any 186 other w 0± performed on the Property at Buyer's request Buyer agrees to indemnify, protect and hold Seller harmless from and against 187 any liability, damage, cost orexpense incurred by Seller in connection with any such inspection, claim, or lien. This indemnity includes 188 Seller's right to recover all costs and expenses incurred by Seller to enforce this subsection, including Seller's reasonable attorney and legal 189 fees.The provisions of this subsection shall survive the termination of this contract. 190 11. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing). Closing shall be on the date specified as Closing Date 191 (§2c)or by mutual agreement at an earlier date.The hour and place of Dosing shall be as designated by 192 Buyer and Seller 193 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other 194 terms and provisions hereof, Seller shall execute and deliver a good and sufficient General Warranty deed to Buyer, at Closing, 195 conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein, title shall be 196 conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer's 197 signature hereon,whether assessed or not. Title shall be conveyed subject to: 198 a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer 199 in accordance with§ 8a(Title Review), 200 b. distribution utility easements, 201 c. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and 202 which were accepted by Buyer in accordance with§ 8b(Matters Not Shown by the Public Records)and§8c(Survey Review), 203 d. inclusion of the Property within any special taxing district, 204 e. the benefits and burdens of any declaration and party wall agreements, if any,and 205 f. other N/A . 206 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this 207 transaction or from any other source. 208 14. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective Closing costs 209 and all other items required to be paid at Closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all 210 customary or reasonably required documents at or before Closing. Fees for real estate Closing services shall be paid at Closing by 211 ®One-half by Buyer and One-half by Seller O Buyer O Seller O Other 212 • 213 The local transfer tax of N/A %of the Purchase Price shall be paid at Closing by O One-half by Buyer and One-half by 214 Seller O Buyer O Seller U Other \Ahy\§aldehlyd 215\\tls!`dx\tl,at\rhal\dechk'8ea1t &hfahis‘thlhs1dbhtif\le\plald.JvhAd dde\8,k\�3yliuyati\'❑`Seller. 216 15. PROBATIONS. The following shall be prorated to Closing Date (§2c),except as otherwise provided: 217 a. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on ®Taxes for 218 the Calendar Year Immediately Preceding Closing O Most Recent Mill Levy and Most Recent Assessment O Other 219 - 220 b. Rents. Rents based on O Rents Actually Received O Accrued. Security deposits held by Seller shall be credited to 221 Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases. 222 223 c. Other Prorations. Water and sewer charges;interest on continuing loan,and 224 None other . 225 d. Final Settlement Unless otherwise agreed in writing,these prorations shall be final. 226 16. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date and Possession Time (§ 2c), subject to the 227 following leases or tenancies: 228 None 229 If Seller,after Closing,fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable to Buyer 230 for payment of S 200.00 per day from the Possession Date (§2c)until possession is delivered. 231 17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, 232 this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. 233 18. INSURANCE;CONDITION OF,DAMAGE TO PROPERTY ANDINCLUSIONS. Except as otherwise provided in this contract, 234 the Property,Inclusions or both shall be delivered in the condition existing as of the date of this contract,ordinary wear and tear excepted. 235 a. Casualty Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing 236 in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before the 237 Closing Date (§ 2c). In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be 238 terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract 239 despite such damage, Buyer shall be entitled to a credit, at Closing, for all the insurance proceeds resulting from such damage to the 240 Property, and Inclusions payable to Seller but not the owners' association, if any, plus the amount of any deductible provided for in such 241 insurance policy,such credit not to exceed the total Purchase Price. PREPARED BY:Bruce Wrrhlnnag Vies President CBS 3-7-06,Contract to Buy and Set Real Estate(Vacant Land-Farm-Ranch).Colorado Real Estate Commisticn RealFAST0 Software,O2005,Version 8.18.Software Registered to Joni Coxhead,Grubb&Ells Company • Papss)Suyer(sl� seteg • 242 b. Damage,Inclusions and Services. Should any Inclusion or service (including systems and components of the Property, e.g. 243 heating,plumbing,etc.)fail or be damaged between the date of this contract and Closing or possession,whichever shall be earlier,then Seller 244 shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size, age and quality, or an equivalent 245 credit, but only to the extent that the maintenance or replacement of such Inclusion, service or fixture is not the responsibility of the 246 owners' association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss for any 247 damage to growing crops, by fire or other casualty, shall be borne by the party entitled to the growing crops, if any, as provided in § 3 and 248 such party shall be entitled to such insurance proceeds or benefits for the growing crops,if any. 249 c. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the 250 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract. 251 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that the 252 respective broker has advised that this document has important legal consequences and has recommended the examination of title and 253 consultation with legal and tax or other counsel before signing this contract. 254 20. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as Earnest Money 255 hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not 256 performed or waived as herein provided,there shall be the following remedies: 257 a. If Buyer is in Default: 258 0 (1) Specific Performance. Seller may elect to treat this contract as canceled, in which case all payments and 259 things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be 260 proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance 261 or damages,or both. 262 ® (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and 263 retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments 264 and things of value are LIQUIDATED DAMAGES and (except as provided in subsection c) are SELLER'S SOLE AND ONLY 265 REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance 266 and additional damages. 267 b. If Seller is in Default: Buyer may elect to treat this contract as canceled, in which case all payments and things of 268 value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this 269 contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. 270 c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall 271 award to the prevailing party all reasonable costs and expenses,including attorney and legal fees. 272 21. MEDIATION. If a dispute arises relating to this contract, prior to or after closing, and is not resolved, the parties shall first 273 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who 274 helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must 275 agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such 276 mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within 30 calendar days of 277 the date written notice requesting mediation is sent by one party to the other at the party's last known address.This section shall not alter any 278 date in this contract,unless otherwise agreed. 279 22. EARNEST MONEY DISPUTE. In the event of any controversy regarding Earnest Money and things of value (notwithstanding any 280 termination of this contract, or mutual written instructions), Earnest Money Holder shall not be required to take any action. Earnest Money 281 Holder may await any proceeding, or at its option and sole discretion, interplead all parties and deposit any money or things of value into a 282 court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees fees. 283 23. TERMINATION. In the event this contract is terminated, all payments and things of value received-hereimder shall be returned and 284 the parties shall be relieved of all obligations hereunder,subject to §§ 10d,21 and 22. 285 24. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 286 See Addendum A attached hereto and incorporated herein by this reference. 287 288 25. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL. This agreement constitutes the entire contract between the parties 289 relating to the subject hereof; and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated 290 into this contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable 291 unless made in writing and signed by the parties. Any obligation in this contract that, by its terms, is untended to be performed after 292 termination or Closing shall survive the same. 293 26. NOTICE,DELIVERY AND CHOICE OF LAW. 294 a. Physical Delivery. Except for the notice requesting mediation described in § 21, and except as provided in § 26b below, all 295 notices must be in writing Any notice to Buyer shall be effective when received by Buyer or by Selling Brokerage Firm, and any notice to 296 Seller shall be effective when received by Seller or Listing Brokerage Firm. 297 b. Electronic Delivery. As an alternative to auysical delivei any signed document and written notice may be delivered in 298 electronic form by the following indicated methods only: 0.9 Facsimile u E-mail O None. Documents with original signatures shall be 299 provided upon request of any party. PREPARED BY:Bruce Wwhlnnay,Vta President CBS 37-04,Contract to Buy and Sell Real Estate(Vacant Land-Farm-Ranch).Colorado Real Estate Comnissim RealFAST®Software,0200,Versim 6.16.Software Registered to Joni Coxhead,Grubb 8 Ens Company Page 8 Buyers) arcs &Leer(s) /i 300 c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and constued in accordance with the laws 301 of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. 302 27. NOTICE OFACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and 303 Seller, as evidenced by their signatures below, and the offering party receives notice of acceptance pursuant to § 26 on or before 304 Acceptance Deadline Date(§2c)and Acceptance Deadline Time (§ 2c). If accepted, this document shall become a contract between 305 Seller and Buyer.A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof,such 306 copies taken together shall be deemed to be a full and complete contract between the parties. 307 DBM Consulting, a or Assigns BUYER DATE y2r/os By: Glenn S. Mclii liana 308 [NOTE:If this offer is being countered or rejected,do not sign this document Refer to§28] 309 Lehigh t zprisea A tioa Corpora! DATE l� ti ^ -6 —5 SELLER . By: 1'RN�4-tv / aweLt. 310 28. COUNTER;REJECTION. This offer is O Countered O Rejected. 311 Initials only of party(Buyer or Seller)who countered or rejected offer 312 313 END OF CONTRACT 314 315 Note: Closing Instructions and Earnest Money Receipt should be signed on or before Title Deadline(§2c). 316 317 BROKER ACKNOWLEDGMENTS. The undersigned Brokers acknowledge receipt of the Earnest Money deposit specified in § 4 and, 318 while not parties to the contract,agree to cooperate upon request with any mediation conducted under§ 21. 319 320 The Selling Broker is a ®Buyer's Agent O Transaction-Broker in this transaction. 321 322 The Listing Broker is a O Seller's Agent ®Transaction-Broker in this transaction. 323 324 BROKERS'COMPENSATION DISCLOSURE. 325 Selling Brokerage Firm's compensation or commission is to be paid by: O Listing Brokerage Firm O Buyer 326 ®Other Listing Brokerage Firm or Seller 327 328 (To be completed by Listing Broker) Listing Brokerage Firm's compensation or commission is to be paid by: ❑Seller O Buyer 329 ❑Other 330 331 332 Selling Brokerage Firm's Name: PREPARED BY:Bruce Mawhtnney,Vice President CBS 3-7-06,Contract to Buy and Sell Real Estate(Vacant Lard-Farm-Ranch).Colorado Real Estate Commission ReaIFASTe Software,Cd005,Version &16.Sonware Registered to:Joni Cozhead,Grubb A Ellis Company Page 7 of a ) 1' Grubb i Ellis Company 1200 17th Street *2000 Denver, CO 80202 Phone: (303) 572-7700, Pax: (303) 572-7722 By Signature Bruce P. Mawhinney Date 333 Listing Brokerage Firm's Name: Dyer Realty, Inc. 334 335 Date: 336 Broker 337 Address: 520 Main Street, Suite A, P.O. Box 2485, Longmont, CO 80501 338 Phone No.: (303) 772-3200 Fax No.: (303) 651-1320 • PREPARED BY:Bruce Mawhinney,Vies President CBS 3-7-04,Contract to Buy and Sal Real Estate(Vacant Land-Farm-Barth).Colorado Real Estate Cornmissim ReaiFAST®Software,O2005,Version 8.18.Software Registered to Joni Coxhead,Grubb 8 Elis Company Pape B of Buyer(s), C.-- Seller(s) I • w , . . ;T _ I 15' UTILI1 yy G EMERGENC • t 1@4. r 200.02' 200.02' 200.OZ' �3i.) I ' e 512N89'14_53_E - -- - - --+ \ ID .__. 962. 7' �\ V 13 1CY.)O 1tltl.1/ 1W./l 1`JI1.11 _ 113.fV . ' '. o g,_ 20EME J f 1 . = I I 2 2 ₹ 2 I - '- • UII ' - - - -u S I LOT i € LOT 2 € LOT 3 € • LOT 4 € LOT 5 I EASEMEI 8S1 . 1 1 . 11 ACRES " ' 1 , 11 ACRES c ' 1 . 11 ACRES c 1 . 11 ACRES € 1. 15 ACRES Ie - — $$J c jI 48, 352 SF . 48, 352 SF n 48, 352 SF 48, 352 SF n 50, 094 SF I` m rot O Z "I V rim f1 n U' eI .41' _.0. I rn tin a, I e h aI 1. 11 I yle �u ]0' UTILITY — — y� • L _ _ EIS -- — —t. N@9'f4'53'E — I •i I 49 h1i. — am TT, — — 1a7f77'r — — 'i'ER T/' �3f T7�?T- HI• -f O I in Wrn I' 198.77' n io o I oI fl n fY SEMENT I • m: , I N N N N I^ 01 �SEN , riI LOT 10 o LOT 9 o LOT B o LOT 7 w $ LOT 6 I I • I— 1 �I 1 . 11 ACRES 6 1 . 12 ACRES 6 1 . 11 ACRES b 1 . 11 ACRES a 1 . 15 ACRES I •I I I 48, 352 SF g 40. 767 SF € 48. 352 SF Y 48. 352 SF F / I 50, 094 SF i (41O� � I I ro 1 . . w , I a 5 1@8.27' 19@.7B' 198.78' f9R.TB' 116.)1' /4 20. • EAS e# S69'01 '39"N• -- - -• 36 -'1"--30.00' ' 961.48' N89'O1 '39'E 1382.82' N89'01 '39" 2645.93' S . . tTOTAL AREA - 55. 01 ACRES • TOTAL LOT AREA-. 29 ACRES (52. 7%) . TOTAL R. O. W'. - 6. 47 ACRES 111 . R%) - r ADDENDUM A To that certain Commercial Contract to Buy and Sell Real Estate dated March 24, 2005,by and between DBM Consulting LLC and/or Assigns, as Buyer and Lehigh Enterprises Acquisition Corporation, as Seller,covering the Property known as Lots 4, 5, 6 &7, in Block 2, Western Dairymen's Cooperative, (Milky Way Business Park), Weld County, Colorado. To the extent that this Addendum conflicts with, modifies or supplements other portions of the contract,the provisions contained in the Addendum shall govern and control the rights and obligations of the parties. Additional Provisions: 1. Effective Date: The Effective Date of this Agreement will be the date this Agreement is fully executed by both the Seller and the Buyer(MEC). 2. Counterpart Signing: This agreement may be signed in several counterparts and all counterparts shall constitute one agreement by all of the parties,notwithstanding that all of the parties are not signatory to the original or the same counterpart. 3. Legal Counsel: The Buyer and the Seller acknowledges that Grubb&Ellis Company has advised both parties to have legal counsel represent them in connection with the execution of this contract, examination of title, zoning,income tax consequences of the transaction, asbestos regulation,hazardous waste regulation, flood plain regulation and all other aspects of the sale and purchase of the property. 4. Next Business Day: In the event any date described herein for payment or performance of the provisions hereof falls on a Saturday, Sunday or legal holiday,the time for such payment or performances shall be extended to the next business day. 5. Inspection by Buyer: In addition to the provision of Section 10 of the preprinted form,the Buyer or the Buyer's agent shall be entitled to go upon the Property for the purpose of making a physical inspection of the Property. Such inspection shall be done at the Buyer's sole cost and expense, and the Buyer shall in no way damage,destroy or harm the Property. Further,the Buyer shall not permit any mechanic or materialmen liens to be filed against the Property as a result of such inspection. Buyer shall indemnify the Seller against any damages, injuries, liens,and other expenses resulting from Buyer's or Buyer's agents' inspection of the subject property. The closing of this Contract is subject to and contingent upon the Buyer completing such inspection, with results satisfactory to the Buyer,in its sole and absolute discretion within forty-five(45) days of the date of mutual execution of this Contract. If Buyer determines that the property is unsatisfactory,Buyer shall provide written notice of the same to Seller prior to the expiration of such forty-five(45)day period and in that event this Contract shall be null and void and the earnest money deposit shall be immediately returned to Buyer and all parties shall be relieved of and from any further obligations hereunder. 6. Phase I Environmental Study: Seller shall furnish a Phase I Environmental Study("Study")of the Property on or before thirty(30)days from the Effective Date. If Buyer is not satisfied with the results of the Study and written notice thereof is received by Seller within forty-five(45) days from the Effective Date to review the survey and, if the survey reflects material matters in conflict with the contract,the Buyer shall give written notice of such fact to Seller. If such written notice is received in a timely manner,this Contract shall be null and void and the deposit paid hereunder shall be forthwith refunded to the Buyer. Failure of the Buyer to so notify Seller 1 UL a!Oun.hu.MAa.,n1X$144 ....uw a..e..LSI ,.AVVA= �� 1 - in writing shall be deemed a waiver on the part of the Buyer, and this Contract shall remain in full force and effect. 7. Survey: Survey is integrated into Final Plat of Weld County PUD which has been provided to Buyer prior to contract date. If an ALTA/ACSM survey is desired,it shall be at the expense of the Buyer. Buyer shall have sixty(60)days to review the Final Plat, and if the Final Plat reflects material matters in conflict with the contract,the Buyer shall give written notice of such fact to Seller. If such written notice is received in a timely manner, this Contract shall be null and void and the deposit paid hereunder shall be forthwith refunded to the Buyer. Failure of the Buyer to so notify Seller in writing shall be deemed a waiver on the part of the Buyer, and this Contract shall remain in full force and effect. 8. Property Analysis: Buyer shall have through and until sixty(60) days from the Effective Date of this Agreement to analyze the property and all documents,reports, and other matters related to the property. This Agreement is subject to Buyer finding that the property is suitable, in Buyer's sole discretion, for Buyer's intended use. If the analysis indicates, in Buyer's sole judgment,that the property is not suitable for Buyer's intended use, including,but not limited to,zoning, "Weld County Site Plan Review"approval, Buyer may,by written notice to Seller, within said sixty (60)-day period,terminate this Agreement and it shall be null and void for all purposes and the earnest money shall be returned to Buyer. If written notice of non-satisfactory condition is not sent within said sixty(60)-day period,this condition shall be deemed to be acceptable and objection thereto shall be deemed to have been waived for all purposes. 9. Architectural Control Committee Approval: This Contract is subject to Buyer obtaining written Architectural Control Committee Approval for Buyer's intended use, on or before sixty (60)days from MEC. 10. Buyer and Seller agree that no water tap or sewer tap is included in the purchase price. 11. Buyer may purchase one 5/8 inch water tap, or the equivalent thereof, for each lot being purchased. Said taps will be purchased from the inventory of Left Hand Water tap deposits held by Seller, at the price designated by Left Hand Water District at the time of the tap purchase. 12. No mineral rights are included with the purchase. The following language shall be inserted in the Warranty deed: "Reserving unto Grantor all mineral rights including ores, metals and minerals of any kind and character including rights to sand and gravel, coal,and to oil,gas, and other like substances in and under such land. Grantor, Successors, and Assigns agree to neither authorize nor engage in any activities related to drilling, exploration, or extraction of any minerals of any kind on the property herein conveyed." 13. Access to Reports,Studies and Surveys: Seller agrees to make accessible to Buyer,within ten (10)days of Seller's execution hereof, all existing environmental reports,soil investigations, plats, surveys information,if any,which are owned by Seller.In the event closing does not take place as contemplated herein,Buyer shall return all documents to Seller within five(5) days after receipt of Seller's request thereof. 14. Earnest Money: Within five(5)days after the Effective Date,the Earnest Money shall be placed in an interest-bearing trust account with the title company. Subject to the terms and conditions of this agreement,said Earnest Money, and accrued interest,shall be a credit to Buyer at Closing, or forfeitable to Seller in the event Buyer does not close. op .«ounWMwwir,u.:aay.eu....cwraseai,a.ueazw.� _2 15. Closing: Closing shall occur on or before one hundred twenty(120) days after MEC,or earlier at Buyer's option. 16. Option to Purchase: Buyer shall have an option to purchase the adjacent Lots 3 & 8 (2.22 acres combined) for$4.00 per square foot($386,816.00). Said option shall be for a period of six(6) months, commencing on the Date of Closing for Lots 4, 5, 6 & 7 of Block 2, as contemplated herein. To exercise the purchase option for Lots 3 & 8,Block 2, Buyer shall provide written notice thereof to Seller, or Seller's agent, on or before the Date of Closing for Lots 4, 5, 6& 7 of Block 2, and deliver an additional non-refundable earnest money deposit of$10,000.00 which shall be credited to the Purchase Price of Lots 3 & 8, Block 2. To exercise the purchase option for Lots 3 & 8,Block 2,Buyer shall provide written notice thereof to Seller thirty(30)days prior to the expiration of the Option Period. 17. No Recording: The Buyer shall not record this Contract or any evidence thereof. Recording this Contract or any evidence thereof shall constitute a material default by Buyer entitling the Seller to all remedies available at law or in equity. 18. Upon Mutual Execution of this Contract,Buyer shall have the right to install signage on the subject site for the purposes of advertising and pre-selling Buyer's planned development. In the event Buyer does not close,Buyer shall remove said signage within ten(10) days after termination of the Contract and all costs shall be at Buyer's expense. 19. Seller is not aware of any new Special Improvement Districts being created, however,Buyer, as part of its due diligence, should confirm this with the County/City prior to closing. Seller will not grant an encumbrance upon the property for a Special Improvement District after"Mutual Execution of the Contract"(MEC). BUYER: DBM Consul ' LLC SELLER: Lehigh Enterprises and/or Assi Acquisition Corporation w By: 3 is or By: "� �i�� L7` Glenn S. c illiams Date Date SIOOOb]1VAL QOCflW gOMKsra 2005V4Afilmhppatht CaWiq.ley$.5.6171s -3- GrubbllEllis® Property Solutions Worldwide SALE/LEASE AMERICANS WITH DISABILITIES ACT, HAZARDOUS MATERIALS AND TAX DISCLOSURE The Americans With Disabilities Act is intended to make many business establishments equally accessible to persons with a variety of disabilities; modifications to real property may be required. State and local laws also may mandate changes. The real estate agents in this transaction are not qualified to advise you as to what, if any, changes may be required now, or in the future. Owners and tenants should consult the attorneys and qualified design professionals of their choice for information regarding these matters. Real estate agents cannot determine which attorneys or design professionals have the appropriate expertise in this area. Various construction materials may contain items that have been or may in the future be determined to be hazardous (toxic) or undesirable and may need to be specifically treated/handled or removed. For example, some transformers and other electrical components contain PCB's, and asbestos has been used in components such as fireproofing, heating and cooling systems, air duct insulation, spray-on and tile acoustical materials, linoleum, floor tiles, roofing, dry wall and plaster. Due to prior or current uses of the Property or in the area, the Property may have hazardous or undesirable metals (including lead-based paint), minerals, chemicals, hydrocarbons, or biological or radioactive items (including electric and magnetic fields) in soils, water, building components, above or below-ground containers or elsewhere in areas that may or may not be accessible or noticeable. Such items may leak or otherwise be released. Real estate agents have no expertise in the detection or correction of hazardous or undesirable items. Expert inspections are necessary. Current or future laws may require clean up by past, present and/or future owners and/or operators. It is the responsibility of the Seller/Lessor and Buyer/Tenant to retain qualified experts to detect and correct such matters and to consult with legal counsel of their choice to determine what provisions, if any, they may wish to include in transaction documents regarding the Property. Sale, lease and other transactions can have local, state and federal tax consequences for the seller/lessor and/or buyer/tenant In the event of a sale, Internal Revenue Code Section 1445 requires that all buyers of an interest in any real property located in the United States must withhold and pay over to the Internal Revenue Service(IRS) an amount equal to ten percent(10%)of the gross sales price within ten (10) days of the date of the sale unless the buyer can adequately establish that the seller was not a foreigner, generally by having the seller sign a Non- Foreign Seller Certificate. Note that depending upon the structure of the transaction, the tax withholding liability could exceed the net cash proceeds to be paid to the seller at closing. Consult your tax and legal advisor. Real estate agents are not qualified to give legal or tax advice or to determine whether any other person is properly qualified to provide legal or tax advice. SELLER/LESSOR BUYER/TENANT Entity Name: Lehigh Enterprises Acquisition Entity Name: DBM Cons 'rig, LLC and/or Assigns Corpora ' c / By: By: Title: D Title: �wr � Date: k 5 Date: 3A.V — Property Address: Lots 4, 5, 6 &7, in Block 2, Western Dairymen's Cooperative, Weld County, Colorado -L Grubb & Ellis Company -y 1200 17th Street #2000 Denver, CO 80202 Phone: (303) 572-7700, Fax: (303) 572-7722 The printed portions of this form have been approved,except differentiated additions,by the Colorado Real Estate Commission. 2 (CIC 32-5-04)FINAL 060104 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX 5 OR OTHER COUNSEL BEFORE SIGNING. 6 7 COMMON INTEREST COMMUNITY ADDENDUM 8 TO CONTRACT TO BUY AND SELL REAL ESTATE 9 (COMMERCIAL or VACANT LAND - FARM - RANCH) 10 11 (This addendum should be used for the sale of Property involving ownership of common elements, or where there is an obligation to pay 12 common expenses pursuant to a recorded Declaration) 13 14 15 AMENDMENT TO A CONTRACT TO BUY AND SELL REAL ESTATE. 16 17 This Common Interest Community Addendum is made a part of the Contract to Buy and Sell Real Estate for the purchase and sale 18 of the Propertyknown as Lots 4, 5, 6 6 7, in Block 2, Western Dairymen's Cooperative, Longmont, CO 19 which is dated March 24, 2005 ,between Buyer and Seller("Contract").This Addendum shall control in the evert of any 20 conflict with the Contract.The following provisions of the Contract are amended by these additions: 21 22 § 2c. Dates and Deadlines. 23 Item No. Reference Event Date or Deadline § 8f Right Of First Refusal Deadline 24 25 26 § 3. INCLUSIONS AND EXCLUSIONS. The purchase price shall also include use of the following parking facilities: 27 ;and the following storage facilities: 28 29 § 7d. Common Interest Community Governing Documents. 30 LI (1) Not Applicable. This subsection d. shall not apply. 31 E (2) Conditional on Buyer's Review. Seller shall cause to be furnished to Buyer, at Seller's expense, on or before Title 32 Deadline (§ 2c)a current copy of the owners'association declarations, bylaws,rules and regulations,party wall agreements,minutes of 33 most recent annual owners' meeting and minutes of any directors' meetings during the 6 month period immediately preceding the Title 34 Deadline, if any(herein collectively "Governing Documents"), most recent financial documents consisting of(a) annual balance sheet, 35 (b)annual income and expenditures statement,and(c)annual budget(herein collectively"Financial Documents"),if any. Written notice of 36 any unsatisfactory provision in any of these documents signed by Buyer, or on behalf of Buyer, and given to Seller on or before 37 Governing Documents Objection Deadline, (§2c),(which is the same as Title Objection Deadline [§2c]),shall terminate this contract. 38 If Seller does not receive written notice from Buyer within such time, Buyer accepts the terms of said documents, and Buyer's right to . 39 terminate this contract pursuant to this subsection is waived,notwithstanding the provisions of§ 8e. 40 O (3) Not Conditional On Review. Buyer acknowledges that Seller has delivered a copy of the Governing Documents and 41 Financial Documents. Buyer has reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the 42 Property and its owners and waives any right to terminate this contract due to such documents,notwithstanding the provisions of§8e. 43 44 § 8f. Right of First Refusal or Approval. If there is a right of first refusal on the Property,or a right to approve this contract, 45 Seller shall promptly submit this contract according to the terms and conditions of such right. If the holder of the right of first refusal 46 exercises such right or the holder of a right to approve disapproves this contract,this contract shall terminate. If the right of first refusal is 47 waived explicitly or expires, or the contract is approved, this contract shall remain in full force and effect. Seller shall promptly notify 48 Buyer of the foregoing. If expiration or waiver o f the right of first refusal or contract approval has not occurred on or before the 49 Right of First Refusal Deadline (§2c),this contract shall terminate. 50 51 § 14. CLOSING COSTS;DOCUMENTS AND SERVICES. Any fees incident to the issuance of owners' assocation's 52 statement of assessments(Status Letter)shall be paid by U Buyer Q9 Seller. As fees incident to the transfer from Seller to Buyer assessed 53 by the owners'association(Owners'Association Transfer Fee)shall be paid by U Buyer E Seller. 54 55 § 15c. ASSOCIATION ASSESSMENTS. Current regular owners' association assessments and association dues. Owners' 56 association assessments paid in advance shall be credited to Seller at Closing. Cash reserves held out of the regular owners'a ssociation PREPARED BY:Bruce Bawhlnosy,Vice President CIC 32. 04,Corm=Interest CommuhityAdderdun Col rado Real Estate Commission ReaIFASTO Solna 05,Version 6.16.Software Registered to:Joni Codhead,Grubb&Ellis Company 6 PagejeW Seller(s) 57 assessments for deferred maintenance by the owners'association shall not be credited to Seller except as may be otherwise provided by the 58 Governing Documents. My special assessment by the owners'association for improvements that have been installed as of the date of Buyer's 59 signature hereon shall be the obligation of Seller. My other special assessment assessed prior to ClosingDate (§ 2c) by the owners' 60 association shall be the obligation of 0 Buyer®Seller. Seller represents that the amount of the regular owners'aasrriationassessment is 61 currently payable at$ no assess. per 2005 and that that are no unpaid regular or special assessments against the 62 Property except the current regular assessments zrtd`exc 4*\\ 63 64 Such assessments are subject to change as provided in the Governing Documents.Seller agrees to promptly request the owners'association 65 to deliver to Buyer before Closing Date ( 2c)i current statement of assessments against the Property. 66 67 DBM Consult C /or Assigns BUYER � .rN ' DATE 3/Zr/ti' By: cit.,- S /7"VIfi'r Grr.l Lehigh t rprises A f--tion Corporal' �p SELLER =ezu4/.�n 6 N glC! DATE I^oZG�ts • PREPARED BY:Bruce Mawhinney,Vice President CIC 326-04,Common hterest CammniyAddendun Colorado Real Estate Conrission ReaSFAST®Software,O2005,Version 8.16.Software Repstered to Joni Coxhead,Grubb&Elks Conpary Pan 2of2 • all/ 2554241 R-1621 P-1033 03/19/299: 0I:3IP FO I OF 7 REC DOC 1 • F r t+eld County CO JA Suki Tsukaaoto Clerk & Recorder 36.00 i 4 SUBDIVISION SERVICE AGREE.1IEYf U 1. PASTIES. The parties to this Agreement are the ST. %RAIN SANITATION DISTRICT. (mistier)and WESTERN DAIRYMEN COOPERATIVE,INC., ("Applicant"). 2. RECITALS AND PURPOSE. The Applicant is the owner of certain property described on Exhibit A to this Agreement. The District is a special district which provides sanitary sewer service to its customers for which monthly service charges are made. The Applicant desires that the District provide sanitary service within the boundaries of the property described below.The District agrees to supply such service. Thc purpose of this Agreement is to set forth the terms and conditions concerning the purchase of service connections and the District's providing such service to Applicant's propery. 3. LEGAL DESCRIPTION OF SUBDPiISION. The Applicant is the owner of the parcel of real property known as Western Dairymen Cooperative,Inc.,Weld County,Colorado, the legal description of which. is set forth on the attached Exhibit A, and which is referred to as "Subdivision-herein.. The Applicant agrees to furnish a reproducible copy of the Subdivision plat to the District and said plat is expressly incorporated in this Agreement by reference. Any change or alteration on in the area, size,shape,density,usages,requirements,number of service connections err timing of development of the Subdivision which may affect the issuance of taps pursuant to this A;•Comer:shall first require the advance written consent of the Disttict,which consent shall not be urn.sonably with held. . CONDITIONAL COMMITIaNT TO SELL/PU'RCHASE SANITARY SEWER CONNECTIONS. 4.1 Applicant hereby makes application for 18 single-family residential equivalent sanitary service connections ("connections") to the District's sanitary sewer system for service within the Subdivision,representing Applicants good faith estimate of the number of connections which will be utilized within the Subdivision upon total build-out. District hereby conditionally commits to sell, and Applicant hereby conditionally commits to purchase,such total number of taps at the then current plant investment fee per connection, and other applicable fees and charges pursuant to applicable District Rules and Regulations for use solely within the boundaries of the property described on Exhibit A,upon the terms and conditions set forth in this Agreement. 4.2 Applicant acknowledges and agrees that the District's conditional commitment is subject to the availability of such connections at the time the Applicant either a. Purchases such conditionally committed connections in full by payment of the total amount of the plant investment fee and other applicable fees and charges for each connection purchased,up to the maximum specified above;or b. Enters into a purchase agreement which requires the payment of a deposit of 20%of the then applicable plant investment fees for such connections to reserve _ system capacity for a period of 36 months,and not to exceed the total amount of connections specified above. No purchase agreements shall be approved by the District, however, in the event that the District's plant capacity reaches 70% as certified in writing to the District by its consulting engneer. In such event. 2564241 3-2621 P-1033 03/19:199: 01:3W PG 2 OF 7 RAMS Applicant acknowledges that the remaining balance of the committed but 3 $ unpurchased connections may be purchased in full within 90 days of receipt of notice from the District Applicant's failure to purchase the remaining balance of committed but unpurchased connections within such 90 day period shall be deemed a complete release of the District from such cornmitrnent and the District may sell such connections to other applicants. 43 District makes no warranties, promises or representations that such conditionally committed connections will be available for purchase or reservation in the future due to its limited treatment capacity as determined by its plant capacity, discharge permit. and any governmental regulation or limitation. Applicant acknowledges and agrees that it is solely responsible for inquiring as to the availability of connections, and that the District is under no affirmative obligation to inform Applicant of any other sales or reservations, commitments, or any other events, which may limit the District's ability to sell the conditionally committed connections. Applicant assumes all risks of unavailability by not purchasing said conditionally committed connections or by not entering into a purchase agreement to reserve such connections at this time. 5. TERM. This Agreement shall continue in full force and effect for a period of ten years after execution unless extended by mutual agreement by the parties in writing. 5. ACTIVATION OF TAP.All purchased service connections shall be deemed activated and subject to the Distict's minimum service charges pursuant to its Rules and Regulations upon connection to the District's system or in any event,no later than 12 months after the total purchase price for each connection is paid in full. 7. DESIGN SPECIFICATIONS; CONSTRUCTION OF LLNES. It is agreed, as a condition precedent to service, that all sewer lines and appurtenant facilities required to provide sanitary sewer service within the boundaries of Subdivision,and all necessary trunk lines, outran lines and connecting lines and appurtenant facilities necessary to connect the Subdivision with the Imes of the District as presently engineered and installed(estimated to consist of approximately V. of a mile of S inch line) shall be installed at Applicant's sole cost and expense and shall be in accordance with design and specifications as fixed by the District. Applicant agrees that the actual installation and construction shall be subject to the general,as opposed to specific,supervision and to inspection by the District and all related costs of engineering study, review, approval and inspection (including.the District's cost and eepcnses.o£obtaining.necessary easements.if public rights-of-way are not available or if available,not feasible to utilize)shall be at the cost of and paid by Applicant Applicant further agrees to give the District, through the District's Engineer, adequate notice,prior to commencement of construction,of the date when such construction shall. begin. 3. EASEMENTS. Applicant shall furnish,at Applicant's expense, all easements and rights • of-way within the Subdivision(if not dedicated to the public use on the recorded plat),consents, permits, licenses and other agreements. Applicant and District shall utilize their respective best efforts to acquire any easements and rights-of-way outside of the Subdivision to connect the 2 • 2554241 8-1621 P-2033 03!19/195: 01:31P PG 7 OF 7 PANE 6 3 8 6 Su_div sion to the Dist-ices s existing lines. i7 S. SALE OF LIES. Upon completion,approval and acceptance of the work by the Dis ict through the issuance of the District's certificate of acceptance,this Agreement shall operate as a sale, conveyance. transfer and assitment by the Applicant of all Applicant's interest and ownership in said lines and property to the District,free and clear of ail liens and encumbrances, and shall werrant that the work has been done in accordance with the laws of the State of Colorado, and all other governmental Subdivisions, agencies and units and in accordance with the design standards and requirements of the District Applicant shall guarantee the lines as installed against faulty wor3anansbip and materials to the District for a period of two years from date of acceptance by the District and shall, during said period,pay all cost and expense of repair or replacement of said lines. Upon completion,.yjp,.,val,acceptance,conveyance and transfer of lines and facilities to the District, the District shall assume all responsibility thereafter, and all cost and expense.for operation and maintenance except as to the above two-year guarantee. Completion of construction, inspection. approval and acceptance by the District, transfer of lines and facilities to the District, payment of all construction costs and expenses required to be done and paid by the Applicant are conditions precedent to the obligation of the District to furnish and provide sewer service. 10. PiDEMNlrICATION. Applicant shall indemnify and hold District harmless from any and all claims and demands.including legal costs and expenses,incurred by the District and which are asserted by any third party and which arise front or out of the Applicant's performance of its • obligations hereunder,specifically including easement acquisition and line construction. II. DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to the monthly service charges and all bylaws,rules and regulations of the Disc ict which may be in force from time to time. 12. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary notwithstanding. the obligation of the District to furnish sewer service under this Agreement, is limited by and subject to all orders,requirements and limitations which maybe imposed by federal, state,county or any governmental or regulatory body or agency haying jurisdiction and control over the District and/or the operation of its sanitary system and treatment facilities,or discharge permit for discharge-into state-waters,including without limitationthe Environmental Protectors Agency. and the Colorado Department of Health. 13. DOCUMENTS TO BE FURNISHED. Upon execution of this Agreement, or at such time or times as may be requested b_v District,Applicant agrees to famish District the following: 13:1 .A topographical survey of the property described in this Agreement;and 13.2 Final Subdivision plat approved by appropriate regulatory boards,commissions,or agencies,together with requirements and conditions fixed by such entities for development and evidence of the Applicant's compliance or plan for compliance;and I33 In the event the initial area to be served under this Agreement is not the entire -- project of Applicant as hereinabove described,Applicant shall furnish preliminary plats and w..eau arC Sat.W W .IWI:.,..v.ncM 3 • 2564241 B-1621- P-1O33 09/19/1997 01:31P PG 4 OF 7 ?AMP r, plans as developed by the Applicant with reference to the future total development of the entire property so that prior to issuance of taps and initial installation of lines and facilities the District may study and consider the total development under this Agreement as it may relate to future demands upon the District for service within the entire development and the effect this may have; presently and in the future, on the District's entire system and its obligations in regard thereto. It is understood and agreed that a request for information as to future plans and developments of the Applicant and the consideration of such plans by the District in connection with its obligation to service Applicant's above-described land under this Agreement shall in no wise be construed as an agreement or obligation of District to serve such other lands or areas proposed by the Applicant for such future development. All information required to be furnished to District by Applicant shall be provided at Applicant's expense. 13.4 "As built"mylar map certified by Applicant's engineer depicting all lines,manholes, etc.constructed,installed,and transferred pursuant to Paragraph 9 above. 14. DELAYS. My delays in,or failure of,performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities,restrictions or limitations contained in any initiative approved by the voters, shortages of labor materials,or other causes,similar or dissimilar,which are beyond the control of such party, including any orders,requirements limitationsdescabed in paragraph.'.6above. 15. TThi22 OF ESSENCE. Time is expressly stated to be the essence of this Agreement and any failure to perform the covenants and agreements herein agreed to be performed strictly at the times de-Jig-sated shall operate as an immediate termination of this Agreement. 16. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference,and are not intended in any way to define,limit,or describe the scope or intent of this Agreement. 17. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute arty additional documents and to take any additional action necessary to carry out this Agreement. 13. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable,no other provision shall be affected by such holding,and all of the remaining provisions of this Agreement shall continue in full force and effect. 19. ARBITRATION. Pursuant to Rule 109 of the Colorado Rules of Civil Procedure, all controversies,claims,or disputes arising out of or relating to this Agreement,or any alleged breach thereof, shall be determined by arbitration in Longmont,Colorado in accordance with the rules of the American Arbitration Association then in effect. The arbitration award shall be binding upon the parties. The prevailing party may file such award with the Clerk of the District Court of Weld -- xacdron:wersawwaaenrna+w.awnexxe 4 M 2564231 B-1621 P-1037 08/19/1997 01:31P PG 5 OF 7 RA E rr11 8 County who shall enter judgment thereon. If such award requires the payment of money,execution if i`). shall issue on such judgment. The expenses of witnesses for either side shall be paid by the party producing such witnesses. The cost of the stenographic record, if any is made, and all transcripts thereof, shall be prorated equally among all parties ordering copies thereof unless they shall agree otherwise,and shall be paid for by such parties directly to the reporting agency. All other expenses of the arbitration, including the expenses of the arbitrator, and the expenses of any witness or the cost of any proofs produced at the direct request of the arbitrator, shall be shared equally by the parties; urdess thry•agree otherwise or unlesr the arbitrator in his award assesses such expenses against a particular party or parties. 20. ATTORNEYS'FEES. If any party breaches this Agreement,the breaching party shall pay all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement whether or not legal proceedings are instituted. 21. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 22. NOTICES. Any notice required or permitted by this Ass cement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail,postage and fees prepaid,addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below,or at such other address as has been previously fnnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S.Mail: 23. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives,successors,and assigns as owners of the land described in Exhibit A. Any deposits which are made pursuant to the District's reservation of connection policy and approved agreements shall be transfcred to the Applicant's assignee. 24. GOVERNMENTAL IMMUNITY. Nothing in this Agreement is intended, or shall be construed as, a waiver of any immunities provided to the District by statute or common law, including without limitation the Colorado Governmental Immunity Act, §24-10-101, et. seq., C.ZS: DATED 57---/-.9- y'7 ST.YRALN SANITATION DISTRICT By LcS._11. ident - 15 ICimbark Street,Suite 109 Longmont,CO 80501 eer aTM1We MUNIWP ..n.-mw p.ee« 5 __ - L 25614241 B-1621 P-1033 03/19/1991 01:31P PG 6 OF 7 3 9 ATTEST: • Secretary APPLICANT: WESTERN DAIRYMEN COOPERATIVE,INC. By 44% Address:11440 A. ithiSMA.162A si. i o tl Co esz STATE OF COLORADO ) )ss. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this it day of 141.'/_ 1997, by ereolorvl (S,. 'Lei/id o , as /a) of We-:._,.Dal y nen tooperative,Inc. 't'$ ass my 2iarkl tad official seal. u,...,.- yj ��oz+Ss�ue : Firnlz� �V1 . Notary Public STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) The foregoing instument was acknowledged before me this /,37day of f�!/s 7-1997,by Wallace H.Grant,President of St.Vrain Sanitation District,and by N.Russell Stacey,Secretary of St.Vrain Valley Sanitation District. PWitness my hand and official seal. O RV P! My commission expires: S/7 97 • + •tart'P Ii• r e aeaa-,mn.rra wnuti.c-w,mle+rascriat c Pj+. Pp '4 'CFOO5'O' SCHEDULE T 'CONTINUED' 1 The Northwest 1/4 of the Northeast 1/4 of Section 10, Township 2 North, Range 58 West of the 6th P.N., weld County. Colorado. except_ that portion Deeded to The Department_ of Highwnyn by Deed recorded December 1. 1970 in Book 636 as Reception NO. 1558219 described as follows: Beginning at a point on the west property line, from which the NW corner of Sec. I0, which bears 14 85°0•L' W, a distance of 1.320.0 feet: 1 Thence S 8935' F. a distance of 1.156.2 feet; 2. Thence S 89°49' E a distance of 149.9 feet: 3. Thence N 93°03'30" E a distance of 201.6 feet; 4. Thence $ 99°49' E a distance of 1,650.0 feet: 5. Thence N 84°29'15" E a distance of 251.2 feet; 6. Thence S S9°49' E a distance of 23.0 feet to the property line; 7. Thence N 45°39' E along the property line, a distance of 27.2 feet to the south right-of way line of S.H. 119 (Oct. 1969); 8. Thence S 89°55' E. along the south right of way line of S.N. 119 (Oct. 1969) , a distance of 65.0 feet; 9. Thence N C°34' E a distance of 30.0 feet to the north line of Sec. 10; 10. Thence N 99°55' W, along the north line of See. 10. a distance of 3,522.7 feet to the t::4 corner of the NE1/4 of the VWl/4 of Sec. 10; 11. Thence S 0°49.30" W, along the west line of the t1E1/4 of the NW1/4 of Sec. 10, a distor.ce of 89.7 feet• more or less, to the point of beginning. 236424? 8-1621 P-1033 03/19/1997 01:31P PG 7 OF 7 Weld County Referral logC� July 7, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DBM Consulting, LLC and Case Number SPR-387 Leigh Enterprises Acquisition Corp. Please Reply By August 4, 2005 Planner Jacqueline Hatch Project Site Plan Review for Warehouse Condos in the C-3, 1-1 Zone District. Legal Lots 4, 5, 6 and 7; Block 2 of Western Dairymen Cooperative; located in Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of Hwy 119; and approximately 1/4 mile east of CR 7-1/2 . For a more precise location, see legal. Parcel Number 1310 10 1020004;:1313i0 102005; 1313 10 102006; and 1313 10 102007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Agency Date +Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax ` REFERRAL LIST —' Name: DBM Consulting, LL .nd Leigh Enterprises Acquisition Corp. Case#: SPR-387 County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 X Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton Eaton F-4 _ X Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 Airport Authority X Firestone _Hudson F-7 _Building Inspection _Fort Lupton Johnstown F-8 _ X Code Compliance_.-Ann X Beth X Frederick _LaSalle F-9 X Kim Ogle (Landscape Plans) _Garden City X Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest Milliken F-11 _ _Ambulance Services _Greeley Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div._ of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 Water Conservation Board X Longmont _Wiggins F-18 _Oil & Gas Conservation Commission X Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce Commissioner _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _X_Boulder Valley/Longmont _Windsor Brighton/SE Weld _Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _ Thompson _Little Larimer Federal Government Agencies Other _US Army Corps of Engrs _School District RE- _USDA-APHIS Vet Service X Left Hand Water _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport X Art Elmquist (MUD Area) _Federal Communications Comm / /� Referral List _. lame: tea-104-r j r & e 'Sr et '-'n�'�' Oase# S(2 • ep- 3 O 7 County U Towns&Cities Fire Districts Attorney _Ault _Ault F-1 ?<Health Department _Berthoud Berthoud F-2 4 • Extension Office _Brighton _Brigcsdaie F-24 _Emergency Management Office-Ed Herring _Dacono _Brighton F-3 Sheriffs Office _Eaton Eaton F-0 KPublic Works _Erie _Fod Lupton F-5 Housing Authority Evans _Galeton F-6 _Airport Authority gFirestone Hudson F-7 _Building Inspection Fort Lupton _Johnstown F-8 IX„Code Compiiance h AJ c3Cri^ SErederick _LaSalle F-9 No 4+-w s'•a °^��^^^•""•^ot"h.,."-' Garden City Mountain View F-10 04 Kim Ogle(Landscape Plans) _Gilcrest _Milliken F-11 _Lin or Peggy(Addressing Change of Zone) _Greeley _Nunn F-i2 _Ambulance Services _Grover _Pawnee F-22 State _Hudson _Platteville F-13 _Div.of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society Lochbuie _Union Colony F-26 _Water Conservation Board gongmont _Western Hills F-20 _Oil&Gas Conservation Commission &vteed _Wiggins F-18 Division of Wildlife Milliken _Windsor/'Severance F-17 _South Hwy 66(Loveland) _New Raymer _North Hwy 66 (Greeley) _Northgienn Legal 6,-- Tl e-1,74 el 6.4_7_ 10 • 2.6 8 _Division of Minerals/Geology _Nunn Parcel ID i4 (313 (a (01001-$-6 Soil Conservation Districts Pierce Zone C•3 I ( Acres? Y//SZ _Big Thompson _Platteville USDA / -•Ze ." 00'7-r4-.As• _Boulder Valley _Severance Airport Zen." _Brighton Thornton Geo Hat ilk ga _Centennial - _Windsor FP? 4-)0 Panel w N c_ _Fort Collins Counties Road Impact Fee Area? c'\J LD _Greeley _Adams -f&t 4--.—,,--..n_ _,-,s;T.s - L ongmont _Boulder GA? U ORD _Morgan _Broomfield MUD? /04 _Platte Valley Larimer _Scutheasl Weld Other _1Oil (c9 •..\ _West Adams _Central Colo.Water Conservancy Dst / ?)l'/ W Federal Government Agencies S.I.eft Hand Water C/('1 .t{ _US Army Corps of Enors School District RE- _USDA-APHIS Vet Service Ran Eimouist(MUD Areal , _Federal Aviation Admin (Structures over Ditch Company, I over 200 ft or with 20000 ft of Pub Airoon Commissioner _Federal Communications Comm ij �` RECEIVE� JUL 8 2005 T n Weld County Referral Weld County Punnig pe aft CREELEy oFEICEp Ment O JUL j July 7, 2005 COLORADO 2 2005 RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant DBM Consulting, LLC and Case Number SPR-387 Leigh Enterprises Acquisition Corp. Please Reply By August 4, 2005 Planner Jacqueline Hatch Project Site Plan Review for Warehouse Condos in the C-3, 1-1 Zone District. Legal Lots 4, 5, 6 and 7; Block 2 of Western Dairymen Cooperative; located in Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of Hwy 119; and approximately 1/4 mile east of CR 7-1/2 . For a more precise location, see legal. Parcel Number 1310 10 1020004; 1313 10 102005; 1313 10 102006; and 1313 10 102007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Li We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature /L. tcdJ J /cut dt7fwzt i2{_Q,e,ce tt 7/8/O5 � 0 Agency 161st ai. 1 a_ Date ❖Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 :•(970)353-6100 ext.3540 •*(970)304-6498 fax Weld County Referral WI I D July 7, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DBM Consulting, LLC and Case Number SPR-387 Leigh Enterprises Acquisition Corp. Please Reply By August 4, 2005 Planner Jacqueline Hatch Project Site Plan Review for Warehouse Condos in the C-3, 1-1 Zone District. Legal Lots 4, 5, 6 and 7; Block 2 of Western Dairymen Cooperative; located in Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of►i)glr.119; and approximately 1/4 mile east of CR 7-1/2 . For a more precise location',' 6.1emal. Parcel Number 131 10 102x004; 1313 10 102005; 1313 10 102006; and 1313 10 102007 (313-10 The application is'%bmitted to you for review Snd recommendation. Any comments or recommendation you consider relevant to thi roues!wptrtd be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. tt❑,, We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Ia We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: \ ci n o r c ear" \c e4 rte_t_ ^ 1 rn vks•No Conn" , \once- C`O . 'Sl t �(4t�t Signature rRilke5CCA1• Ir-b J Agency � CApicieN _. Date ❖Weld County Planning Dept. ❖918 10'^Street, Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax . 19.2005 9:48RM NO.242 P.3 PLANNING 151VISI0is 4.4.4 ig T'‘ II :LEC6lVEU Weld County Referral July 7, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DEM Consulting, LLC and Case Number SPR-387 Leigh Enterprises Acquisition Corp. Please Reply By Au®uai.O Planner I,Jaogd9iine HRtcl Project Site Plan Review for Warehouse Condos in the C-3, I-1 Zone District. Legal Leta g, ti, 6 and7: @look 2 aiW®r:t®m Pairymvn Ceoperat!e: located In Section 10, 12N, R68W of the 6th P,M.,Weld County, Colorado. Location South of Hwy 119; and approximately 1/4 mile east of CR 7-1/2 . For a more precise location, see legal. • Parcel Number 1310 10 1020004; 1313 10 102005; 1313 10 102006; and 1313 10 102007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have nmviawed the request and find that it does/does not comply with our Comprehensive Plan gWe have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature ?,ABMiczth,.� 7 1q . 05 Agency ( 4-in (}l, um ariAn.(iy�i-, Date +Weld County Planning� Dept. +91810e Street, Greeley,co.90631 +(970)355.6100 ext3540 t(970)304-6498 fax LG;to,' Weld County Planning weld County Referral O GREELEY OFF eilartment CE JUL 1 8 2005 July 7, 2005 COLORADO o,£ ct RECEIVED ! 24-e The Weld County Department of Planning Services has received the following item for review: Applicant DBM Consulting, LLC and Case Number SPR-387 Leigh Enterprises Acquisition Corp. Please Reply By August 4, 2005 Planner Jacqueline Hatch Project Site Plan Review for Warehouse Condos in the C-3, I-1 Zone District. Legal Lots 4, 5, 6 and 7; Block 2 of Western Dairymen Cooperative; located in Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of Hwy 119; and approximately 1/4 mile east of CR 7-1/2 . For a more precise location, see legal. Parcel Number 1310 10 1020004; 1313 10 102005; 1313 10 102006; and 1313 10 102007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑yy We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ,9r1 We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature ,tig WI IA°4-(J,� �t - /- -g Agency ,,, v,,�,;(—Ctiv\t4 tiz. 12--) Date ❖Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 4(970)304-6498 fax ng 105 l ) ! ` 'u, �e ppunty Referral EY OFR ePartinent JUL 2 July 7, 2005 COLORADO RECEii os ED The Weld County Department of Planning Services has received the following item for review: Applicant DBM Consulting, LLC and Case Number SPR-387 Leigh Enterprises Acquisition Corp. Please Reply By August 4, 2005 Planner Jacqueline Hatch Project Site Plan Review for Warehouse Condos in the C-3, I-1 Zone District. Legal Lots 4, 5, 6 and 7; Block 2 of Western Dairymen Cooperative; located in Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of Hwy 119; and approximately 1/4 mile east of CR 7-1/2 . For a more precise location, see legal. Parcel Number 1310 10 1020004; 1313 10 102005; 1313 10 102006; and 1313 10 102007 • _ - The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan '—'E We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: in Signature gist/ v) Agency o hQ�.��_ Date +Weld County Planning Dept. ❖918 10th Street, Greeley, CO. 80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax „.„0 Weld County Referral July 7, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DBM Consulting, LLC and Case Number SPR-387 Leigh Enterprises Acquisition Corp. Please Reply By August 4, 2005 Planner Jacqueline Hatch Project Site Plan Review for Warehouse Condos in the C-3, 1-1 Zone District. Legal Lots 4, 5, 6 and 7; Block 2 of Western Dairymen Cooperative; located in Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of Hwy 119; and approximately 1/4 mile east of CR 7-1/2 . For a more precise location, see legal. }Parcel Number 1310 10 1020004; 1313 10 102005; 1313 10 102006; and 1313 10 102007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: b-b (.r%-i'mk� rl L6t02 P& 7117,k&--$Ae1tr (-Gun' ,., `dHnGup csfwrif3j, LU).-‘1O A.W14CM.r ahotywr IA 44411,146) fl J . /J9L4'eCeell) bw o& kick- v1 O-4¢ra a -- car 2Z 4,2i as /a you Ll* Signature — I'3 — 5 Agency -7 J bj Ltd Date t +weld County Planning Dept. +918 10th Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax a MEMORANDUM*it TO: JACQUELINE HATCH,PLANNING SERVICES ' FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH :4-) CENTERPRISES ACQDISITIO1 SY ULTI Planning k Pint . DATE: 08/01/2005 GREELEY OFFICE COLORADO CC: AUG X 2 2005 RECEIVEL Environmental Health Services has reviewed this proposal for warehouse condos. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as conditions that must be met prior to operation: 1. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant and tenants shall operate in accordance with the approved "waste handling plan". 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. 7. Adequate handwashing and toilet facilities shall be provided. 8. The facility shall utilize the existing municipal sewage treatment system. (Saint Vrain Sanitation) 9. The facility shall utilize the existing public water supply. (Left Hand Water District) 10.All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). 11.If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 12.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 2 Weld County unty geld County Referral Ni CREary OFf Department CE JUL 2 July 7, 2005 8 ?005 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant DBM Consulting, LLC and Case Number SPR-387 Leigh Enterprises Acquisition Corp. Please Reply By August 4, 2005 Planner Jacqueline Hatch Project Site Plan Review for Warehouse Condos in the C-3, 1-1 Zone District. Legal Lots 4, 5, 6 and 7; Block 2 of Western Dairymen Cooperative; located in Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of Hwy 119; and approximately 1/4 mile east of CR 7-1/2 . For a more precise location, see legal. Parcel Number 1310 10 1020004; 1313 10 102005; 1313 10 102006; and 1313 10 102007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature ` ityrj� `f 12'! roc Agency {`(`,a 1.JiPw -Vert Q: it Date (•Weld County Planning Dept. +918 10'h Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax M°"WrA'" MOUNTAIN VIEW FIRE PROTECTION DISTRICT a Administrative Office: 9119 County Line Road• Longmont, CO 80501 e , e (303) 772-0710• FAX (303) 651-7702 VIEW July 27. 2005 Ms. Jacqueline Hatch Weld County Planning Departun,nt 918 10th Street Greeley, CO 80631 Dear Ms. Hatch: I have reviewed the submitted material, lot consolidation and preliminary site plans for the proposed Garage Town to be located on Stagecoach Drive in the Western Dairymen Subdivision (Case Numbers: SPR-387 & 2nd AmPF-431, Case Name: DBM Consulting & Lehigh Enterprises). The Fire District has the following comments with regard to the project: • Although the Fire District is not really opposed to this type of project I would like to point out the problems we have had with these types of condominium projects. Once we final a building or tenant space, sometimes it is the last time we are able to get in and inspect the units. In some cases, the unit owner is not actually physically occupying the space(using it for storage, etc.), we have no idea who the owner actually is and in most cases the owner changes the locks to the space so we are unable to access the space in the event of a fire alarm. Additionally, as we are unable to inspect these spaces we have no knowledge of what is occurring within the space, if there are hazardous materials, if the sprinklers are blocked by storage or construction, or if they have done additional construction without a building permit. This situation puts our firefighters at risk as well as each tenant. This has been the case even though the concept was to have a grand master key system for the fire department key box. It would be helpful if there was a grand master key system, but also if there were an HOA of some type that was required to provide the fire department with a list of current owners and contacts for the units on an annual bases as well as assist us to gain access to the units on an annual basis for inspection purposes as well as for emergency situations. • The largest building appears to be about 19,200 square feet protected throughout with an automatic fire sprinkler system. In accordance with Appendix III-A of the Uniform Fire Code, the required fire flow for the building is 1,875 gallons per minute, measured at a residual pressure of 20 pounds per square inch. Based on flow tests in the area. the Fire District recognizes that the required fire flow is available to the property, however additional fire hydrants will be required as existing fire hydrants on Stagecoach Road are not adequate to cover the remote portions of some of the buildings. A fire hydrant must be located within 450 feet of each building as measured from the hydrant and along approved fire apparatus access routes around the exterior of the building to the most remote portion of the building. • Fire apparatus access to the buildings appears to be adequate as indicated on the plans. Fire apparatus access roads must be designed and maintained to support the imposed loads of fire apparatus (75,000 pounds) and be free from obstructions which includes locked gates. Access roads will need to be constructed and approved before building permits are issued. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd 14308 Mead St.,Unit B P.O.Box 575 PO.Box 11 10911 Dobbin Run 50 Bonanza Dr, P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 Ms. Jacqueline Hatch July 27, 2005 Page Two • Building construction plans and a final site plan showing the gross square footage of the buildings, the building construction type, and existing and proposed fire hydrants must be submitted to the Fire District for review and approval before building permits may be issued. • A final inspection of each occupancy as well as the core and shell for each building will be required by a member of the Fire District before a Certificate of Occupancy is issued from Weld County. The Fire District reserves the right to make further comments as the project proceeds. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303) 772-0710. Sincerely, CThi LuAnn Penfold I Fire Marshal LMP/Ip cc: project file Ip07.22.05 Weld County Planning Department GREELEY OFFICE + o AUG 2 4 2005 ClCit MEMORANDUM RECEIVED TO: Jacqueline Hatch, Planning De / nt DATE: 19-August-2005 Q FROM: Peter Schei,P.E.,Public p ^ epartment 11„ COLORADO SUBJECT: SPR-387, GarageTown Del Camino(Site Plan Review) Weld County Public Works Department has reviewed this Site Plan Review request. Comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments ❑ This proposed development is within the Weld County MUD boundaries and shall submit to these requirements. ❑ The external roadways are capable of handling traffic from the facility, which reflect the Westem Dairymen Cooperative, Inc. PUD traffic impacts. o The applicant is proposing to utilize the main PUD access location off WCR 7.5 which intersects SH 119. ❑ The applicant has indicated the proposed off-street parking and transportation circulation, which is generally acceptable to Public Works. o ADA requirements shall be met for this site. Parking Lots shall conform to all standards of the Americans with Disabilities Act. o The wide accesses(onto Stagecoach Road South) shown for Buildings 1 &4 must be limited in width to reduce the points of traffic conflict along Stagecoach Road South. The applicant should remember that vehicles will be accessing commercial businesses across the street to the East. ❑ The engineer has submitted a stormwater / drainage statement dated June 3, 2005, by Bradley A. Curtis, P.E., with Pickett Engineering, Inc., which states that the development proposed conforms to the original drainage requirements of the Western Dairymen Cooperative PUD. o A statement on the drainage plans must include the following: This drainage adheres to the master drainage plan for the Western Dairymen Cooperative, Inc. PUD. ❑ A site plan for GarageTown Del Camino,Weld County Colorado has been submitted by R L J Architectural Services for review. o The engineer must stamp, sign and date the construction plan drawings to be resubmitted to Public Works. The Department keeps certified drawings on file for use during construction. Recommendation ❑ The Public Works Department will continue the review process for this site plan once we receive the requested submittal materials. The applicant shall address the comments listed above for this review process. The review process will continue only when all appropriate elements have been submitted. Issues of concern must be resolved with the Public Works Department prior to recording. PC: SPR-387,GarageTown Del Camino(Site Plan Review) Email&Original:Jacqueline Hatch PC by Post: DBM Consulting, LLC PC by Post: Pickett Engineering, Inc. Page 1 of 1 Hello