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Home My WebLink About20042933.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2002/2003 - TOWN OF SEVERANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 4th day of October,2004,at which meeting there were present the following members: Chair Robert D. Masden, and Commissioners M. J. Geile, William H. Jerke, and Glenn Vaad, with David E. Long being excused, and WHEREAS, a hearing before the Board was held on the 27th day of September, 2004, at which time the Board deemed it advisable to continue said matter to October 4, 2004 at 9:00 a.m., and WHEREAS,notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, and said Assessor, Stan Sessions, being represented by Mike Sampson, and taxpayer Town of Severance, being present, and NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board does not concur with the recommendation of the assessor and the petition be and hereby is, approved, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $ 10,690.00 $ 1,126.36 2002 $56,950.00 $ 6,025.12 2003 • S7C 2004-2933 AS0057 TAX ABATEMENT PETITION - TOWN OF SEVERANCE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of October, A.D., 2004. BOARD OF COUNTY COMMISSIONERS /p�� WE COUN C��O�LO(�RADO EL Robert D. Masden, Chair 1'gW� ty o the Board William H. J rke, Pro-Tern .r ` to the Board 27/ 1,„ M. J. eile APPROV D AS TO FO EXCUSED DaviddgG s my A orn Glenn Vaad Date of signature: /D 2004-2933 AS0057 PETITION FOR ABATEMENT OR REFUND OF TAXES Please submit in duplicate copies and answer all questions. , �A� /,�/) /County Name Weld Date Received ,t J. /p 0` Use Assessor's or Commissioners'Date Stamp RECEIVED PETITIONER:Complete Section I on this side only Section I: Date: 04/07/2004 APR 0 9 2004 Month Day Year Petitioner's Name: Town of Severance WELD COUNTY ASSESSOR Petitioner's mailing address: 231 W.4th Avenue Greeley, Colorado Severance, CO 80546 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY 080702116001 231 W.4th Ave., Severance,CO 80546 Petitioner states that the taxes assessed against the above property for property tax year(s) 2002 2003 are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. (The petitioner's estimate of actual value must be included.) Attach additional sheets if necessary. Property was used solely for municipal purposes pursuant to a lease authorized by C.R.S. Section 31-15-801 (copy attached). The property was the Town Hall for each year in question. Petitioner's estimate of actual value$ N/A (2002)and $N/A (2003) Value Year Value Year Petitioner requests an abatement or refund of the appropriate taxes associated with a reduction in value. I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits or statements,has been examined by me,and to the best of my knowledge,information and belief,is true,correct and complete. Town of Severance Daytime Phone Number( ) pre igTnatura (� I' !d!✓A 19$M67 $ Daytime Phone Number(97p-493-8999 By '/'Jr�'/- rf Agent's nature' / `Letter of agency must be attached when petition is submitted. Every petition for abatement or refund filed pursuant to section 39-10-114,C.R.S.,shall be acted upon pursuant to the provisions of this section by the board of county commissioners or the assessor,as appropriate,within six months of the date of filing such petition. 39-1-113(1.7),C.R.S. Section II: Assessor's Use Only 'f Tax Year r '. Tax Year aeo 3 Assessed Value Tax Assessed Value Tax Original 10OO /1,7t„34 ti G95o (,o)5-42 Corrected r9U If 4.34. $69sy ____ to Abate/Refund 0Sig 0 • (FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY) RESOLUTION OF COUNTY COMMISSIONERS Resolution No. Section I: In accordance with 39-1-113(1.5),C.R.S.,the commissioners of County authorize the assessor to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of one thousand dollars or less per tract,parcel,or lot of land or per schedule of personal property. The assessor and petitioner mutually agree to an assessed value and tax abatement/refund of: Tax Year 2002 Tax Year 2003 Assessed Value Tax Assessed Value Tax Original Corrected Abate/Refund PLEASE NOTE:THE TOTAL TAX AMOUNT DOES NOT INCLUDE ACCRUED INTEREST,PENALTIES,AND FEES ASSOCIATED WITH LATE AND/OR DELINQUENT TAX PAYMENTS,IF APPLICABLE. PLEASE CONTACT YOUR COUNTY TREASURER FOR FULL PAYMENT INFORMATION. Petitioner's Signature Date Assessor's or Deputy Assessors Signature Date If Section I is not complete and/or if petition is for more than$1,000,Section II must be completed. Submit an original petition and a copy to the Division of Property Taxation. Section II: Assessor's recommendation: Approved or❑ Approved in part$ No pr test filed in or . (If a protest was filed,please attach a copy of NOD.) IfYDenied for the following reason(s): S*cyf,r�,, , .,I ita £t;2r,.o - pal Lcad, 7M aCO , CetsigAtfr,i6 ` a y 3 /a g03 r sessors r eputy sass ignatur Section I0: WHEREAS, he County Commissioners of County,State of Colorado,at a duly and lawfully called regular meeting held on / / ,at which meeting there were present the following mo day yr members: with notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and Assessor (being present/not present)and Name petitioner (being present/not present),and WHEREAS,The said Name County Commissioners have carefully considered the within petition,and are fully advised in relation thereto, NOW BE IT RESOLVED,That the Board(agrees/does not agree)with the recommendation of the assessor and the petition be(approved/denied)and an abatement/refund be(approved/denied)for property tax year(s) and . The taxes to be abated/refunded for property tax year are$ which represents an assessed value of$ and the taxes to be abated/refunded for property tax year are$ which represents an assessed value of$ Chairperson of the Board of County Commissioners'Signature County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said County at ,this day of Time Date Month Year County Clerk's or Deputy County Clerk's Signature ACTION OF THE PROPERTY TAX ADMINISTRATOR c Denver,Colorado, Month Day Year Th- - . = the Board of County Commissioners,relative to the within petition,is hereby .proved- _.Approved in part$ ;L Denied for the following reason(s): 593 2 n. Secr�ary's i ature Property o Tax Administrators Signature cws \.JABAT auaevz 04/12/2004 16:59 970-224-9188 BELL BODE & ASSOC PAGE 01 • 322 East Oak street Fort Collins,CO 80624 Phone:97x493-8999 i Bell, Boge & rex:970-224-9188 i Associates, P.C. FaX To: Bruce Barker, Esti. Prom Gregory S.Bell,Esq. Fax: 970-352-0242 Data April 12,2004 Phan.: Pages: 15,including cover Rea Leese&Ordinance for Town Hall CC: [7 Urgent O For RevYew O Meese Comment 0 Please Reply O Plesee Recycle •Commeeb, CONFIDENTIAL INFORMATION This transmittal and accompanying documents are intended only for the use of the individual or entity to which it is addressed, and may contain information that Is privileged, confidential and exempt prom disclosure under applicable law. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the Intended redplent you are notified that any dissemination, distribution or copying of this communication Is pichibited. If you have received this communication in error, please notify us immediately by telephone. Thank you. • • 04/13/2804 08:58 970-224-9188 BELL BODE & ASSOC PAGE 01 322 East Oak Street Fat Collins,00 80524 Phone:970-493.8999 Bell, Boge 8. Fox:970-224-9188 Associates, P.C. Fax To: Bruce Barker,Esq. From: Gregory S.Bell,Esq. Fox: 970.352-0242 Date April 13,2004 Phone Pages 2,including cover Re: Signed Ordinance Re!Town Hall CC: O Urgent ❑For Review 0 Please Comment 0 Please Reply O Please Recycle Comments: Attached please find the fully executed Ordinance Ratifying the Lease for the Town Hall. Yesterday,you were provided with an unsigned copy, CONFIDENTIAL INFORMATION This transmittal and accompanying documents are intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any dissemination, distribution or copying of this communication is prohibited. If you have received this communication in error, please notify us immediately by telephone. Thank you. 04/12/2004 16:59 970-224-9188 BELL BOGS & ASSOC PAGE 02 ORDINANCE NO. ORDINANCE OF THE TOWN OF SEVERANCE RATIFYING THE LEASE FOR THE TOWN HALL DATED FEBRUARY 18,2002 WHEREAS, the Tbwn of Severance entered into a lease agreement dated February 18, 2002 of the building at Parcel located at Lot 1, Block 2,Scotch Pine Commercial at Timber Ridge PUD,commonly known as 231 West 4w Avenue, Severance, Colorado, and has used such property exclusively as the Town Hall at all times since that date; and WHEREAS,the Town Hall is used solely for governmental proprietary function of the municipality of the Town of Severance; and WHEREAS, in the;compliance with C.R.S. § 31-15-801,the Board of Trustees of the Town of Severance believes that the lease referenced above should have been concluded by an Ordinance rather than the icsolution which was passed; and WHEREAS,the Beard of Trustees of the Town of Severance desires to properly ratify the action taken when such lease was executed. NOW, THEREFORE BE IT ORDAINED, BY THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE, COLORADO THAT ORDINANCE 2004-05 IS AS FOLLOWS: • 1. The Ordinance of the Board of Trustees of the Town of Severance in approving the lease of the property known as 231 West 4th Avenue, Severance dated February 18, 2002 is hereby ratified by this ordinance, and further the municipal use of such property from March 1, • 2002 pursuant to such least, including all payments made thereunder, is hereby ratified as of the date of the lease. PASSED,ADOPTED AND APPROVED this the 17th day of March,2004. TOWN OF SEVERANCE Pierre DeMilt,Mayor ATTEST: Patricia J. Lesh,Town Clerk :P-z-Dti-4-7 it/ 04/12/2004 16:59 970-224-9188 BELL BOGE & ASSOC PAGE 03 Tam OF SEVERANCE PAGE 01 LEASE AGREEMENT TIMBER RIDGE , SEVERANCE, LLC LANDLORD AND TOWN OF SEVERANCE, COLORADO TENANT Dated: February 18, 2002 04/13/2004 08:58 ¶i70-224-9180 BELL BOGS & ASSOC PAGE 02 ORDINANCE NO.2004-05 ORDINANCE OF THE TOWN OF SEVERANCE RATIFYING THE LEASE FOR THE TOWN HALL DATED FEBRUARY 18,2002 WHEREAS, the Town of Severance entered into a lease agreement dated February 18, 2002 of the building at Parcel located at Lot 1, Block 2, Scotch Pine Commercial at Timber Ridge PIJD, commonly known as 231 West 4111 Avenue, Severance, Colorado, and has used such property exclusively as the Town Hall at all times since that date; and WHEREAS, the Town Hall is used solely for governmental proprietary function of the municipality of the Town of Severance;and WHEREAS, in the compliance with C.R.S. § 31-15-801, the Board of Trustees of the Town of Severance believes that the lease referenced above should have been concluded by an Ordinance rather than the resolution which was passed;and WHEREAS, the Board of Trustees of the Town of Severance desires to properly ratify the action taken when such lease was executed. NOW, THEREFORE BE IT ORDAINED, BY THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE; COLORADO THAT ORDINANCE 2004-05 IS AS FOLLOWS; 1. The Ordinance of the Board of Trustees of the Town of Severance in approving the lease of the property known as 231 West 4m Avenue, Severance dated February 18, 2002 is hereby ratified by this ordinance, and further the municipal use of such property from March 1, 2002 forward pursuant to such lease,including all payments made thereunder,is hereby ratified as of the date of the lease. PASSED,ADOPTED AND APPROVED this the 17TH day of March,2004, TOWN OF SEVERANCE SEAL O vane, 0c3 Pierre De Milt,Mayor A .n. 1 A. I \Saa 1 Patricia J.Leah,Town Clark BELL, BOGE & ASSOCIATES, P.C. Attorneys and Counselors at Law 322 East Oak Street Fort Collins,Colorado 80524 Gregory S.Bell Telephone(970)493-8999 Richard W.Boge* or(970)224-3574 *Also licensed in California FAX(970)224-9188 Jeremy E. Scott April 8, 2004 Mr. Stan Sessions Bruce Barker, Esq. Weld County Property Tax Administrator Weld County Attorney 1400 N. 17th Avenue P.O. Box 758 Greeley. CO 80631 Greeley, CO 80632 Re: Petition for Abatement or Refund on Behalf of the Town of Severance Dear Mr. Sessions and Mr. Barker: Pursuant to my previous discussions with Mr. Barker, attached please find a Petition for Abatement of Taxes for the property used by the Town of Severance as its Town Hall for the past two years. The Petition is submitted for taxes for the years 2002 and 2003. I am also enclosing a copy of the Ordinance and a copy of the lease under which the property was used. The State statute directing that such property shall not be subject to property tax is also submitted herewith. After reviewing the submissions, please feel free to give me a call if there is any additional information which you believe I need to submit to support a resolution abating the taxes assessed and removing this property (now purchased) from the Weld County tax rolls. Your cooperation in this situation is appreciated. I look forward to working with you toward a prompt resolution of this matter. Ve truly yours, a Greg .Bell -'die GSB:mb 4p4, *410 C 0.9 Zoo ir p Enclosures John Holdren, Town Administrator, Town of Severance. �reeoy h C/o ISE'S ao OR LexisNexis(TM) CD Page 1 of 1 Document 1 of 1 Source: Colorado Statutes/TITLE 31 GOVERNMENT - MUNICIPAL/POWERS AND FUNCTIONS OF CITIES AND TOWNS/ARTICLE 15 EXERCISE OF MUNICIPAL POWERS/PART 8 LONG-TERM RENTALS AND LEASEHOLDS/31-15-801. Agreements - ordinance -financing. 31-15-801. Agreements - ordinance- financing. In order to provide necessary land, buildings, equipment, and other property for governmental or proprietary purposes, any municipality is authorized to enter into long-term rental or leasehold agreements, but in no event shall this be construed as authorizing the use by any municipality of leasehold agreements to finance residential housing. Such agreements may include an option to purchase and acquire title to such leased or rented property within a period not exceeding the useful life of such property and in no case exceeding thirty years. Each such agreement and the terms thereof shall be concluded by an ordinance duly enacted by the municipality. No such ordinance shall take effect before thirty days after its passage and publication. The governing body of any municipality is authorized to provide for the payment of said rentals from a general levy imposed upon both personal and real property included within the boundaries of the municipality; by imposing rates, tolls, and service charges for the use of such property or any part thereof by others; from any other available municipal income; or from any one or more of the said sources. The obligation to pay such rentals shall not constitute an indebtedness of said municipality within the meaning of the constitutional limitations on contracting of indebtedness by municipalities. Source: L. 75: Entire title R&RE, p. 1122, § 1, effective July 1. Editor's note: This section was contained in an article that was repealed and reenacted in 1975. Provisions of this section, as it existed in 1975, are similar to those contained in 31-12-501 as said section existed in 1974, the year prior to the repeal and reenactment of this article. ANNOTATION Am. Jur.2d. See 56 Am. Jur.2d, Municipal Corporations, Etc., § 540. C.J.S. See 63 C.J.S., Municipal Corporations, § 877. Annotator's note. Since § 31-15-801 is similar to former § 31-12-501 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, a relevant case construing a prior provision has been included in the annotations to this section. Section 22-30-124 and this section make it clear that the school board had the power "to enter into long term rental or leasehold agreements" which should not exceed 30 years in duration. Board of Dirs. of Summit School Dist. No. RE-1 v. Jeffrey, 149 Cob. 579, 370 P.2d 447 (1962). Applied in Gude v. City of Lakewood, 636 P.2d 691 (Cob. 1981). ©2004 by The Committee on Legal Services for the State of Colorado and Matthew Bender& Company, Inc., a member of the LexisNexis Group. All rights reserved. LexisNexis(TM) CD Page 1 of 1 Document 1 of 1 Source: Colorado Statutes/TITLE 31 GOVERNMENT - MUNICIPAL/POWERS AND FUNCTIONS OF CITIES AND TOWNS/ARTICLE 15 EXERCISE OF MUNICIPAL POWERS/PART 8 LONG-TERM RENTALS AND LEASEHOLDS/31-15-802. Tax exemption. 31-15-802. Tax exemption. Property acquired or occupied pursuant to this part 8 shall be exempt from taxation so long as used for authorized governmental or proprietary functions of municipalities. Source: L. 75: Entire title R&RE, p. 1122, § 1, effective July 1. Editor's note: This section was contained in an article that was repealed and reenacted in 1975. Provisions of this section, as it existed in 1975, are similar to those contained in 31-12-502 as said section existed in 1974, the year prior to the repeal and reenactment of this article. ANNOTATION C.J.S. See 64 C.J.S., Municipal Corporations, §2015;84 C.J.S., Taxation, §§505-507. ©2004 by The Committee on Legal Services for the State of Colorado and Matthew Bender&Company, Inc., a member of the LexisNexis Group. All rights reserved. I W % V�" 2 ��1�R - Town of SeveraFr! .44)4...'''.., ''.'in This Certificate of a .k Appointment is presented to 1 tt . :,: Gregory Bellit• r. r -feAr'.Gregory Bell is hereby appointed the Municipal Attorney for the Town . ' Severance my of Weld, State of Colorado. pax; -- N MayorPieneDeMilt 04/07/04 R S b `. L.,(47-1t :t c ISS‘IIIIIII TOWN OF 3 t • .4 gBlygau.�'pi."4�''<"a.w `n.-.v^ib'^ ; W''...: ri.>;r ',:ti6.7-76,,, r' , 'p' ri it r4.,,,Is gip`'. -; 04/12/2004 16:59 970-224-9188,_ __ BELLIBO BOGE Et ASSOCUr VSS PAGE 04 PAGE 82 TABLE OP CONTENTS • Article I - PARTIES Artlole 2 - DEPINTTIONS I Article 3 - TERM 1 Article 4 POSSESSION 1 Ankle 5 - BASE RENT 1 Article 6 - SECURITY DEPOSIT 1 Article 7 - OPERA17NO EXPENSE 2 Ankle II - USE 2 Anicit9 - COMPLIANCE WTTH LAW 2 Article 10 • ALTERATIONS AND ADD171ONS 2 Article 11 - REPAIRS 3 Ankle 12 - LIENS 3 Article13 • ASSIGNMENT AND SUBLETTING 4 Article 14 - . HOLD HARMLESS 4 Article 15 SUBROGATION 4 Anick 16 - LIABILITY INSURANCE 4 Article l7 - SERVICES AND UTILITIES 4 ArtIcle IS PERSONAL PROPERTY TAXES 5 Article 19 HOLDING OVER 5 Article 20 ENTRY BY LANDLORD 5 Article 1l - RECONSTRUCTION 5 Article 22 - DEFAULT 6 Article 23 - REMEDIES IN DEFAULT 6 Allele 24 - AUTHORITY OF PARTIES 7 Article 25 - NOTICES 7 Article 26 - SALE OF PREMt5E5 BY LANDLORD 7 7 Article 27 HAZARDOUS MATERIALS 7 Ankle 28 GENERAL PROVISIONS 9 Ankle 29 - SURRENDER OP PROPERTY 9 Article JO - ADDITIONAL PROVISIONS 9 EXHIBIT"A".PROPERTY LEGAL DESCRIPTION EXHIBIT"B•- NOTICE OP LEASE 04/12/2004 16:59 970-224=9100 ""_e a BELL EDGE & ASSOC PAGE 05 TO4st stveRa CE ma 03 • LEASE AGREEMENT I.PARTTES. This Lease,dated,for reference putposes only,February 18,2002,is made by and between TIMBER RIDGE-SEVERANCE,LLC(hereinafter called"Landlord")and TOWN OF SEVERANCE,COLORADO(hereinafer called"Tenant"). • ADDRESS OF LANDLORD: MAiL1NO/NOTTCE ADDRESS OF TENANT; c/o Everitt Companies Town of Severance 3030 South College Avenue 336 1st Street F.O.Box 2125 P.O.Box 122 • Fort Collins,Colorado 80522 Severance,Colorado 80546 In consideration of the covenanh,terms,conditions,agreements and payment as herein set forth,the Landlord and Tenant hereby enter into the following lease(hereinafter"Lease"). 2. DEFINITIONS. • . A. "Property"shall meats the parcel of land depicted on Exhibit"A"attached hereto and commonly known and referred to as 231 West Fourth Street Windsor,Colorado, The Property Anil include the Building and the Orouods Area. TenantB Building'shall mean the Mary structure which is designated to be occupied by C."Grounds Area"shall mean all areas and improvements available fbr the Tenant's nonexclusive use and enioyhtent Such areas and lmprovements shall include but not be limited to outbuildings,driveway parking area,landscaping„lighting,signs,sidewalks,communication facilities(lines,cables,boxes,etc.),and any other area or improvements Landlord designates to be pertinent to the purpose or use of the Property by Tenant D. "Operating Expenses"shall mean any and all expenses of any kind or nature in connection with the operation,service and maintenance of the Property,including,without limitation,all taxes including assessments;the expenses of any proceeding to abate or reduce taxes;insurance premiums;maintenance and repair costs and expenses for the Building and every part thereof(exterior and interior);maintenance and repair costs and expenses for the Grounds Arta;and all other costs and expenses in connection to the Property. • 3.TERM. Landlord shall hereby lease to Tenant end Tenant shall hereby lease from Landlord the Property on a month-to-month basis,beginning at 12:01 a.m.on the"Commencement Date"of March 1,2002,and ending at 11:59 p.m.on the"Termination Date"which shell be thirty(30) days from the date either patty receives from the other party a written notice to terminate this Lease. 4. POSSESSION. Delivery of possession of the Property by Landlord to Tenant shall be deemed to be on the Commencement Date. 5. BASE RENT. During the term of this Lease,Tenant agrees to pay Landlord monthly,without prior notice or demand,11,410.00("Base Rent') due and payable on the first day of each calendar month,without setoff,deduction or demand,starting on the Commencement Date,however: Should any rental period begin on a day other than the first day of a month,or end on a day other than the last day of a month,then the rental for such fractional month shall be 04/12/2004 16:59 970-224-9100 BELL BOLE & ASSOC PAGE 06 . . ._.__ .,o sae-roe TD*l of SEvERAKE PAGE er computed on a daily basis for the period from the day the rental period begins to the end of such calendar month and at an amount equal to one-three hundred stn teth(I/360)of said Bate Rent for each day during said month,and thereafter the rental shall be paid as set form above. 6. SECURITY y DEPOSIT. Tenant has not deposited any sum as a security deposit. Upon termination of the Lease, Landlord shall Inspect the Property.Tenant shall be responsible to pay costs or expenditures ibut ncurred by Landlord associated with any damages.repairs,replacements,or cleaning,including and nowt limited to general cleaning,replacements,and repair of damages beyond normal wear • • Landlord and Tenant acknowledge that the Building was previously used as a residence and the construction materials,appliances and carpet am designed for residential use and not commercial use. No excessive wear and tear will be charged to the tenant as a result of normal commercial use. Wear and tear will be based upon commercial use,not residential use. 7. OPERATING EXPENSES Tenant agrees all Operating Expenses directly to the parties owed,as they become due. Tenant shall Landlord for those Operating and billed directly to Landlord within thf sEecenses that are in Landlord's billing name statements therefor. Delay by Landlord inssu3tnidang ny receipt hbillingof Landlord's billing owed by Tenant under this Leaseexcuse such statement for any expense y such expense, shall in no dway light Tenant from n ommt'pa mention to pay or constitute a waiver of Landlord's fight to bill for and collect payment "Operating Expenses"shall include any and all expenses of any kind or nature in connection with the operation of the Property,including,without limitation,all real estate taxes and assessments levied and assessed on the Property;insurance premiums;utilities;snow removal and landscape maintenance;security services and all other such costs and expenses, together with any interest and penalties that may accrue thereon in the event of Tenant's failure to pay the same. 8. USE. Tenant shall use the Ptcpaty for a governmental,professional office resting to the management and operation of the Town of Severance.and shall not use or permit the Property to be used for any other purpose whatsoever. Tenant shall not do or permit anything to be done in or about the Property nor brin or keep anything therein which will in any way cause cancellation of any insurance policy covering the Property or any part thereof Tenant shall not commit or suffer to be committed any waste in or upon the Property. 9. COMPLIANCE WITH LAW. Tenant shell not use the Property or permit anything to be done in or about the Property which will In any way conflict with any law,statute,ordinance or governmental rule or regulation now in fora or which may hereafter be enacted or promulgated Tenant shall,at Tenant's sole cost and expense,promptly comply with all laws,statutes,ordinances'and governmental rules.regulations or requirements now in force or which may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted,relating to or affecting the condition,use or occupancy of the Property. The judgment of any court of competent jurisdiction or the admission of Tenant in soy anion against Tenant,whether Landlord be a party thereto or not,that Tenant has violated any law, statute,ordinance or governmental rule,regulation or requirement,shall be conclusive of that fact no betwech the Landlord and Tenant Sercre me.vlele) 2 04/12/2004 16:59 970-224-9188,_ BELL BOGEY& AS PA( 07 Lau SEVERANcE PAGE 89 • 10. ALTERATIONS AND ADDITIONS. Tenant shall not make any alterations or improvements("Altemtons")to the Property, • without in each inhume first obtaining the written consent of Landlord. Landlord's consent or shall not val for any Alterations shall not constitute any warranty or representation by Landlord(and Impose any liability on Landlord)as to their completeness,design sufficiency,or compliance with applicable laws. Tenant shell pay ail mats including,without limitation, engineering and design coats and costs to obtain all required governmental permits ad • approvals;and all costs to cause all Alterations to be completed in compliance with applicable laws end requirenents of the insurance ceniwa,whether Landlord's or Tenant's.. All expenses incurred by Landlord relating to Landlord's review ofplans and specifications shall be reimbursed by Tenant within thirty(30)days from receipt of Landlord's billing statement t eref r, All such work relating to Alterations shall be performed fur a good and workmanlike manner,using new or like new materials 5 equipment,end in accordance with the plans and specifications approved In writing by Landlord. All Alterations,repair and maintenance work perforated by Tenant shall be done at Tenant's expense under the supervision of a contractor licensed in the State of Colorado and who is approved is writing by Landlord. Tenant shall deliver to Landlord,prior to conunencemem,oartf iicates issued by insurance companies qualified to do business,In the State of Colorado,evidencing that worker's compensation,public liability insurance,and property damage Insurance(in amounts,with ramPanies,and on forme, satisfactory to Landlord)are in force and maintained by all contractors and subcontractors engaged to perform such work. All policies shall name Landlord as additional insured. Each certificate shall provide that the insurance may not be canceled or modified without ten(10)days prior written notice to Landlord. Landlord also has the right to post notices on the Property,in locations designated by Landlord,stating that Landlord Is not responsible for payment for such work and containing such other information as Landlord deems necessary, 11. REPAIRS. A. It is understood that Tenant Is taking possession of the Property as ia.Tenant shall,at Tenant's sole cost and expense,keep the Property and every pert thereof(including outbuildings end,if any,other improvements outside the Building and used by Tenant)in good condition and repair.including as applicable and without limitation the non-structural components of the Building,which includes,without limitation,bearing walls,the root and exterior walls; plumbing and electrical systems,heating,ventilating and air-conditloning;light fixtures including bulbs,ballasts,lenses,and diffbsers;doom,including door frames;interior and exterior glass,Including frames; floor and floor coverings;interior walls including studs,inanition. drywall,and wail finishes;sinks,toilets,and all other fixtures. Tenant shall upon the expiration or sooner temdnatlon of this Lease surrender the Property to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant, excepted. Except as specifically provided in an addendum,if any,to this Lease,it is understood and agreed that Landlord shall have no obligation whatsoever for alterations,remodels, improvements,repairs or replacements concerning the Property or any part thaeoz and the parties hereto affirm that landlord has made no representations to Tenant respecting the condition of the Property. B.Notwithstanding the foregoing,Landlord shall,at Landlord's sole cost and aspanee,be responsible for any replacements which are treated as a capital expenditure(as defined below), and in any event,replacement of HVAC,plumbing,electical(excluding light fii:etites),or • structural components of the Building,unless caused in part Or in whole by the Oct,negligence, • fault or omission of any duty by Tenant,Its agents,contractors,employees and invitees.In which case the Tenant shall,at Tenant's sole cost and expense,make such replacements stare necessary. For purposes of this Lease,a capital expendhure is defined as any payment for goods and services that both(a)exceeds$500.00 in amount;and(b)either restores the Building structure or mechanical system to its original level of sexvica or extends the life of the Building structure or mechanical system. • • strew..riavr 3 04/12/2004 16:59 970-224-9188 WII BOGS & ASSOC PAGE 08 .. �.-- IUM to szuERANCE PAGE 06 • 12. LIENS. Tenant shall keep the Pzu L,y five from any Ilene arising out of any work perforated, materials flunished or obligations incurred by Tenant. Landlord may require,at Landlord's sole option,that Tenant shall provide to Landlord,at Tenant's sole cost and expense,a hen end completion bond in an erootmt equal to one and one-half(1 1/2)tirnee any and all estimated cost of any work on the Property to insure Landlord against any SabMlty for antitank 'and materialmen's liens and to insure completion of all suchwork. . . 13. ASSIGNMENT AND SUBLETTING, • • • Tenant shall not sublet any part of the Property nor assign or otherwise transfer this Lease or any interest herein. 14. HOLD HARMLESS, Tenant arising from Tenant'sanindusee nil and hold Mimics.Landlord against and from any and an claims permitted a �or from any activity,work,or other thing done, end or suffered ess Landlord Tenant in,on.or about the Property. Tenant shall further indeaanif5. and the against and from any and all claims arising from any breach or • Per ranee of any obligation on Tenant's pan,or arising from any act or • negligence of the Tenant,or any officer,agent,employee,guest,of invitee of Tenant,and from and against all wets,attorney's fees,expenses and liabilities. Tenant,as a material part of the • consideration to Landlord hereby assumes all risk of damage to property or injury to persons,in, on or about the property from any cause other than Landlord's willful acts or misconduct,and Tenant hereby waives an claims In respect thereof against Landlord. Landlord shall not be liable for any damage to any properly by the or otherwise,nor for any injury to or damage to persona or property resulting from any cause wIndsana,Sees caused by the willful acts or misconduct of Landlord,Its agents,contactors,or employees. Landlord shall not be liable for any latent defect in,on or about the Property. . Nothing in this Article 14 shall be construed to limit or alter any protection afforded to the Tenant by the Governmental hamunity Act. 15. SUBROGATION. As long an their respective insurers so permit,Landlord and Tenant hereby mutually waive their respective rights of recovery against each other for any lose insured by fire,extended coverage and other property insurance policies existing for the benefit of the tespective parties. Bach party shall obtain any special endorsements,if requited by their insurer to evidence compliance with the aforementioned waiver. 16. LIABILITY INSURANCE. A. Tenant shall,at Tenant's expense,obtain and keep in force during the Lease Term a policy of commercial general liability insurance insuring Landlord and Tenant against any liability arising out of the ownership,use,occupancy or maintenance of the amount of not less than S1,000,000 for injury Proper0 ty bIn en than one personplusfes then rotectv(formore property damage of not less then S1;000,00D ells'nprotactivtr(or sometimes called"contractual")liability coverage of Tenant's obligations to Landlord under this Lease, The limit of said insurance shall not,however,limit the liability of the Tenant hereunder. Tenant may carry said insumacs under a blanket policy,providing,however,said insurance by Tenant shall have a Landlord's promotive liability endorsement attached thereon. Failure to furnish the required Insurance certificates shall constitute a default under this Lease. B. 'tenant shall,at Tenant's expense,obtain and keep in force a policy or policies of insurance covering the Property and the improvement,naming Landlord ass loss payee,in amount not less than eighty percent(8033.)of gal replacement cost(exclusive of the cost of excavation,foundations and footings)from time to time during the term of this Lease,providing protection against any peril generally included within the classification"Fire and Extended $.van a.2/18/02 4 04/12/2004 16:59 970-224_9188 RpII BODE & ASSOC PAGE 09 •v roe-o,,0 TOM OF SEVERANCE PAGE 07 Coverage",together with insurance against vaedalism and malicious mischief. Tenant's obligation to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Tenant,provided that the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policy of insurance. All insurance provided by Tenant hereunder shall be primary to any insurance held by Landlord. Inanities required hereunder shall be in c �°Superior or better in`Beat's Insurance i Tenant shall deliver to Landlord prior to occupancy of the Property copies of« evidencing the existence and am payable clauses satisfactory to Landlord. Allamounts of such insurance r with loss Landlord must receive prior written notice thirty (30)days b be subject reduction to the requirements coverage eor that cancellation of or failure to renew any ol9 Inthe before of ed cancellation la nonpayment of premiums,Landlord may policy.s on event of f ant ceded add such anion for payments to amount then pay the g r hereunder he to of dlord- and such and subsequently owing to Landlmd. Nothhtg in this Article 16 shell be construed to limit or alter any protection afforded to Tenant by the Governmental Immunity Act. 17. SERVICES AND UTILDTES Upon Tenant's possession of the Property,Tenant shall pay for all water,gas,heat,light, power,sewer charges,telephone service,trash and garbage removal service.and all other services and utilities supplied to the Property,together with any taxes thereon. IS. PERSONAL PROPERTY TAXES. Tenant shall pay,or cause to be paid,before delinquency,any and all taxes levied or assessed and which become payable during the Lease Term upon all Tenant's equipment, fi nature,fixtures and all other personal property boosted in and on the Property. In the event any or all of the Tenant's personal property shall be assessed end taxed with the Property,Tenant shall pay to Landlord its share of such taxes within ten(10)days after delivery to Tenant by Landlord of a stextnent in writing setting forth the amount of such taxes applicable to Tenant's property. • 19. HOLDING OVER. g after the expiration or termination of this Lease,Tenant,or anyone holding under Tenant,remains in possession of the Property without a written agreement as to such holding over,such possession is a tenancy from month-to-month,subject CO all provisions of this Lease (except as to term and Rent,which shall be$2,500.00 per month).Such tenancy nay be terminated by either party upon thirty(30)days prior written notice,prior to the end of any monthly period. Nothing contained herein obligates Landlord to accept rent tendered after the expiration of the Lease Tent. 20. ENTRY BY LANDLORD. Landlord reserves the right,upon twenty-four(24)hours ptior verbal notice end during business hours and accompanied by an agent of Tenant to enter the Building,inspect the same,to submit said Building to prospective purchasers at tenants,and to poet notices of non- responsibility,without abatement of rent. Tenant hereby waives any claim for damages or for any injury or Inconvenience,interference.or any loss of occupancy or quiet enjoyment oft Building,or and any other loss occasioned thereby.Landlord shall not bo liable to Tenant in any way whatsoever except for any tall=to exercise due care for Tenant's property, In event of emergency(i.e„a situation which,if preventive measures are not taken immediately,is highly likely to result in material damage or injury to persons or property),and provided Landlord notifies Tenant(If notification is reasonable under the circumstances)prior to entering the Building,the twenty-four(24)hour notice nor the presence of an agent of Tenant shall apply;and any entry to the Building obtained by Landlord by any of said means,or otherwise,shall not • under any circumstances be construed or deemed to be a forcible or unlawful entry into,or a detainer of,the Property,or an eviction of Tenant frog,the Property or any portion thereof s•,veto.menu 5 04/12/2004 16:59 970-2247_919B._ W, o v BELL HOLE & ASSOC PAGE 10 • TO* OP serotssa PAGE 60 • 21. RECONSTRUCTION Absent the negligence,misconduct,or wIllfW acts of Landlord or Lieullotd's agents, employees,and contractors,in the event the Building or any of the Property are damaged by or other perils covered by extended coverage insurance.Tenant agrees to forthwith repair the same;and this Lease shall remain in Hill font and effect. • Absent the negligence,misco employees,and contractors,in the event the Bui or s orful asny yo of the Landlord or Property Laere damaged s ged as • result of any antthhe�ea•e0�byfire,andextendedcov�erag insurance.then damaged as a percent 1 all of w then provided the extent of the dean?uction be less lisp ten the percent(10%) of the extent f ell replacement coat of the Building. In the event the destrucgoa of Tenant Building is toe the greabr than ten percent(10%)of the full replacement cost,then force and effect,or a option: (I)to repair or restore such lounge,this Lase continuing in fill (30)days after such(destr qua this Lease upon giving written notice to Landlord within ettirty Landlord shall not have any obligation whatsoever to repair,reconstruct or restore the Building or any of the Property,or be required to repair any I luny or damage by fie or other cause. The Tent shall not be etititled to may compensation or of the whole or any part of the Pro of the usdama o Landlord loss pony or Tenant's personal property. 22. DEFAULT. • Thbreach of e occurrence Lurie of any one or more of the following events shall constitute a default cad by Tenant: • a) The vacating or abandonment of the Property by Tenant . b) The failure er y Tenant and aka any payment of rent or any other payment required to • be made by Tenant three(3)days after written notice thereof b dLaandue,lord to such shall continue for a period of c) The failure by Tenant to observe or perform any of the covenants,conditions or provisions of this Lease,to be observed or performed by the Tenant,other than described in(a) and(b)above,where such failure shall continue for a period of thirty(30)days after written notice thereof by Landlord to Tenant;provided,however,that if the nature of Tenant's default is such that more than thirty(30)days are reasonably required for Its cure,then Tenant shall not be deemed to be in default if Taunt commences such cure within raid thirty(30)day period and thereafter diligently prosecutes such cure to oompletion. 23. REMEDIES IN DEFAULT. In the event of any such material default or breach by Tenant,Landlord may at any time thereafter,with or without notice or demand and without limiting Landlord io the exercise of a right or remedy which Landlord may have by reason of each default or breach,elect to: a)Terminate Tenant's right to possession of the Property,in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Property to Landlord. In such event,Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including,but not limited to(I)the cost of recovering possession of the Property;(2)alteration Of or damage to the the worth at the time of award by the court of the amountt(3)re ich the a bY which the ttorney's id ten fet es;d other e(4) sums called for herein for the balance of the Lease Term after the time of such a award exceeds the reount of such nt or other ma loss lbr the same period that Tenant proves could be reasonably avoided. Unpaid stall beat twelve percent(12%)annual interest from the date due;or I') Maintain Tenant's right to possession,in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Property. In such event Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease,including the right to • Seil,.tec..2nrm2 6 04/12/2004 16:59 970-224-9188 BELL BOC£ A�S PAGE 11 astog ruewPACE 03 • • demand the entire amount of rem herein reserved or agreed to be-paid for tits attire Lase Tenn as If the whole rent for the entire Lease Term ware payable in advance;or 0) Pursue any otherremedy now or hereafter available to Landlord under the.laws or judicial decieion.of the State of Colorado,in which the Property Is located. 24, AUTHORITY OF PARTIES • A CORPORATE AUTHORITY. If Tenant • this Lease.on andis a corporation,ntthteach atedulyaut execute and deliver this Lease on represents d sin thattheyeradulyuladopt to w . . resolution of the board of directors of said ni° 'on c ordance with th a duly adopted corporation,and that this Lease is binding upon said corporation mion rpin e rd tit the bylaws of said • in accordance with its tenna B. LIMITED PARTNERSHIPS,GENERAL PARTNERSHIPS,LLC,and LLP. If the Landlord herein Is a tar p e ,8 or a limited liability partnership("LLP"),it Is understood and t I perry Tenant on Landlord shall be limited to the assets of the limited general a p claims p LLC, LLP,and furthermore,Tenanttypartnership,proceed against tit,LLC,or individual has or the expressly ector waives are old rsall ofri a c against the patinas o8icaa,directors or shareholders of any corporate partner,except to the anent of their interest in said limited partnership,general partnership,LLC,or LLP. 25. NOTICES. Wherever in this Lease it shall be required or permitted that notice or demand be given or served by Landlord or Tenet to or on the other,such notice or demand shall be in writing, addressed to the post office box addresses of the parties specified in wrdcle 1 hereof Either .party may change such address by fifteen(IS)days written notice to the other. The foregoing does not prohibit notice from being given as provided in Rule 4 of The Colorado Rules of Civil Procedure,as amended from time to time, 26. SALE OP PROPERTY BY LANDLORD. •In the event of any sale of the Property.Landlord shall be and Is hereby entirely freed and relieved of all liability under any end all of Its covenants and obligations contained hi or derived from this Lease arising out of any act,occurrence or omission occurring after the consummation of such sale;and the purchaser,at such sale or any subsequent sale of the Property shall be deemed,without any fUrther agreement between the parties or their successors in interest or between the parties and any such purchaser,to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease. 27. HAZARDOUS MATERIALS. • Tenant Rather covenants and agrees not to use,generate,manage,treat,manufaeture, store or dispose of on under or about the Prupetty or transport to or from the Property any Hazardous Materials. For the purpose of this Lease,"Hazardous Materials"shalt include but not be limited to flammable explosives,radioactive materials,hazardous wastes,torde 3llbStilMeS or related materials,and any and all substances defined as"hazardous substances, "hazardous materials,""hazardous wastes"or"toxic substances"in the Comprehensive Environmental Response,Compensation and Liability Act of 1980,42 U.S.C.Section 9601,et seq.;the Hazardous Materials Transportation Act,49.U.S.C.Section 1901,et seq.;thervss of the State of Colorado-or any rules or regulations adopted or guidelines prom5iga'fed pursuant to these two said laws,as all such laws,rules or regulations may be amended or replaced from time to time. Tenant flarther covenants and agrees to pay all costs and expenses associated with all audits, tests,investigations,clean up.reports and other such items incurred in connection with any efforts to complete,sails$or resolve any matters,issues or concerns arising out of or in anyway related to any breach by Tenant under this Article. • s.vc .3/14/02 7 04/12/2004 16:59 970 241 91BE; BELL HOG'E & ASSOC PAGE 13 _--, 2_.'& rroae-b4sa vac OF SEVERANCE PAK 11 caused by reason of strike,labor troubles•acts of God,or any other cause beyond the reasonable control of the Tenant and Landlord Lease,Landlord's liability is limited Ntoo d owdmg anything the erty.contrary contained in this Landlord's interest in the Proparry. L.ATTORNEYS'FEES. If either party fails to perform their obligations as described in this Lease, a Prey patty shall be entitled to recover all costs and expenses,including reasonable atomey'a fees incurred with respect to the enforcement of this Lease. M. DIMINUTION OF VIEW. Tenant agrees from the Pt5perly en t en mane o o no ediminutionsf light'air,a or liability iaw of Landlord,or inreduction of rent under this Lease,results In any any way affects Tenant's obligations. N.CUMULATIVE REMEDIES. No remedy or el exclusive nut e w terever all othertion hereunder shall t be deemed pose e, cumulative with remedies at law or in equity. 0,OOVERNINO LAW. The laws of the State of Colorado shall govern the validity, performance an otcemen of this Lease. Should either party institute legal suit or action or enforcement of any obligation contained herein,it la agreed that the venue of such snit or action' shall be in the County in which the Property is located. Although the printed provisions of this Lease were dawn by Landlord,this Leese shall not be construed either for or against Landlord or Tenant,but this Lease shall be interpreted in accordance with the an effort to reach an equitable result.The general tenor of that ambiguities ht are to be resolved against the party. Any waive any rule of theco words don that u ambdgrdtlas drafting Any words following the words'lnclnde," "including,""such as,""for example,"or similar words or phrases shall be illueaative only and are not intended to he exolusive,whether or not language of mondiraitstion is used. P. NO OFFER. The submission of this document to Tenant for examination does not constitute an otter to lease,nor a reservation of nor option to lease,and becomes effective only upon fall execution end delivery thereof by Landlord and Tenant 29. SURRENDER OF PROPERTY. A. Upon the expiration or other termination of this Lease,Tenant shall Immediately remove all of Its movable furniture and other personal property. If Tenant fails to timely vacate the Property as required,Tenant in responsible to Landlord for all remitting colts and damages of Landlord,including any amount paid to third parties who are delayed in occupying the Property. B. No act of Landlord or its representatives during the Lease Term,including any agreement to accept a surrender of the Property or emend this Lease,is binding on Landlord unless such act is agreed to in writing by Landlord. The delivery of keys to Landlord or its representatives will not operate as a termination of this Lease or a nramder of the Property. 30. ADDITIONAL PROVISIONS. None. LANDLORD: TENANT: • 'LIMBER RIDGE-SEVERANCE,LLC TOWN OF SEVERANCE By: Everitt Enterprises,Inc,Member By: By: STANLEY K.Ev Vice President Printed Name: Titre; • - Attest: —_ Attest; ALAN C.LINE 1� �t?aa. Witdcd eTat::1N ��a S 1 Title: i sere.. Qs.r.t2 f . _ a• 4nvraw.1/lerot 9 • 04/12/2004 16:59 970-224-9188 HELL HO(iE & ASSOC PAGE 12 iuwn t1F SEV[SSNCE Pace 10 • 28. GENERAL PROVISIONS A. RELATIONSHIP OF PARTIES. Nothing contained in this Lane shall be deemed or construed It t n p nets ip o71 ro venture between Landlord and Tenant or between Landlord and any other party or causing Landlord to be responsible in any way for the debts or obligations of Tenant or of any other p °n3'. H. SEVERABILfft If any provisions of this Lease shall be determined to be void by any court or co Tuns 'coon,then such determination shell not affect any other provision of this Lease,and all such other provisions shall remain In Hill force and effect It is the intention of the parties hereto that if any provision of this Lease is capable of two constructions,one of • which would render the provision valid,then the provision shall have the meaning which renders • it valid. C. ENTIRE AGREEMENT. it is understood that there are no oral agreements between the patties ten ng m and this Leas supersedes and cancels any and all previous negotiations,Srflngement4,brochures,agreements and understandings, parties hereto ordisplayed pecttothe subject if any,between matterthe the none thereof shall be by Landlord to Tenant with respect to the thereof,and attached used to interpret or construe this Lease, This Lease,including the Exhibits Leto, is and shall be considered to be the only agreement between the parties hereto and their representagves end agenb. All negotiations and oral agreements acceptable to both parties have been merged into and are included herein. No provision of this Lease or the Exhibits attached hereto may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. IX WAIVER. The waiver by Landlord of any tent,covenantor condition herein contained shrub—nofbe deemed to be a waiver of such term,covenant or condition on any subsequent breach of the same or any other tent,covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term,covenant or condition of ibis Lease,other than the failure of of such o the Tenantto pay the particular rental so accepted,regardless of Landlord's knowledge preceding breath at the tithe of the acceptance of such rent. H.MARGINAL HEADINGS. The marginal headings end titles to the Article of this Lease are not a part or this Lease and shall have no effect upon the comuKoction or interpretation of any part hereof. F. TIME. Time is of the essence of this Lease and each and all of its provisions in which performancela a factor. 0. SUCCESSORS AND ASSIGNS. The covenants and conditions herein contained, subject to the provisions as to assignment,apply to end bind the heirs,successors,executors, administrators end assigns of the parties hereto. H. RECORDATION. Neither Landlord nor Tenant shall record this Lease,except as provided for by Exhibit..b. haroof. I. QUIET POSSESSION. Upon Tenant paying the rent end observing and performing all • of the covenants,conditions and provisions of Tenant's obligations hereunder,Tenant shall have quiet possession of the Property for the entire Lease Term,subject to all the provisions of this Lease. • • I. LATE CHARGES. Any amounts not paid within ton(ID)days after the due date shall thereafter bear Interest at the annual rate of twelve percent(12%),until paid. Any amounts paid by Landlord to ours a default of Tenant which Landlord has the right but not the obligation to do, shall thereafter,if not repaid by Tenant within ten(10)days of demand by Landlord,bearintereet at the annual tete of twelve percent(12%),until paid. K.rNAHILITY TO PERFORM This Lease and the obligations of the Tenant and Landlord hemlinder siren not be erected or Impaired Meanie the Tenant and Landlord are unable to&lfilt any of their obligations hereunder or is delayed in doing so,If such inability or delay is swarsece.333/02 8 . 04/12/2004 16:59 970-224-9188 BELL BODE & ASSOC PAGE 14 .0 sue-oeao MAN OF 5EbFRAHCE PAGE 12 EXHIBIT A Lot l,Slk2 Scorch Pica Commetral at Timber Ridge PUD Town of Severance, Weld County, SIEte of Colorado • sewrouc.m on I0 04/12/2004 16:59 970-224-9188 BELL BOtI & ASSN PAGE 15 9.e-aeo-bIne TOM pp SEliEROME PAGE 13 • £1xHmfl B NOTICE OF LEASE TO WHOM IT MAY CONCERN; You ale hereby notified that the undersigned,TIMBER RIDGE.SEVERANCE, LLC,is the owner in fee of the following described property situated in the To,Vn of Severance, County of Weld,State of Colorado: Lot 1,Elk 2 Scotch Pine Commercial at Timber Ridge PUD Town of Severance, Weld County, State of Colorado • You ate further notified that the Town of Severance,is in possession of said property as Tenant under a lease on a month-to-month basis,commencing on the Commencement Date as defined in said Lease, and any extensions thereof,but has no other right or claim thereto,and that said owner will not be responsible for any labor,materials,tools, machinery or equipment used in the construction,alteration,addition to,removal to or repair of the said property or any part thereof and said property shall not be subject to any lien for such labor,materials,tools,machinery or equipment. Dare this z I day of Fa , ,2002, LANDLORD! TENANT. TIMBER RIDGE-SEVERANCE,LLC TOWN OF SEVERANCE By; Everitt Enterprises,Inc„Member By; dick. �c�J/ By; STK.EVE,RITT, Printed Name; $ Vice President Title: • Attest: Attest: 1 Ctl r „rr l a lk printed Namo: rea t,i 1 , Title: Inn,h Clnrk • • • • 5cvc,nn.2/18/02 1 I CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970)352-0242 P.O. BOX 758 111k. GREELEY, COLORADO 80632 COLORADO September 10, 2004 TOWN OF SEVERANCE 231 WEST 4TH AVENUE SEVERANCE, CO 80546 RE: SCHEDULE NUMBER 080702116001 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for 'abatement or refund of taxes on the property described as:231 WEST 4TH AVENUE,SEVERANCE CO 80546. The meeting is scheduled for September 20, 2004, at 9:00 a.m., in the First Floor Meeting Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The Assessor is recommending that the Board DENY your petition. You are not required to be present at this hearing, however,this is your opportunity to have your position heard, especially if your position is opposed to the Assessor's recommendation. If you intend to submit any documentation in support of your position for this hearing, all such documentation must be submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least seven calendar days prior to the meeting date in order for it to be considered at the scheduled hearing. If you have any questions concerning this matter, please do not hesitate to contact Carol Harding at (970) 336-7215, extension 4217. Sincerely, 44104 Donald D. Warden Clerk to the Board • LBy: Deputy Clerk to2t a Board cc: Assessor GREGORY L. BELL , • BELL, BOGE & ASSOCIATES, P.C. Attorneys and Counselors at Law 322 East Oak Street Fort Collins,Colorado 80524 3 -P q,I , Gregory S. Bell Telephon 970 493-8999 Richard W.Boge* o 25436P4f *Also licensed in California FAX(970)224-918$._ Jeremy E.Scott September 20, 2004 Mr. Stan Sessions Bruce Barker, Esq. Weld County Property Tax Administrator Weld County Attorney 1400 N. 17th Avenue P.O. Box 758 Greeley, CO 80631 Greeley, CO 80632 Re: Petition for Abatement or Refund on Behalf of the Town of Severance Dear Messrs. Sessions and Barker: To supplement the Town of Severance's Petition for Abatement of Taxes, enclosed please find a copy of the State statute (C.R.S. 31-15-802) regarding the tax exemption of property that is utilized for governmental or proprietary functions of municipalities. Please include this in the Town of Severance's file, which will be heard by the Board on Monday, October 4, 2004. Thank you. Very truly yours, Grego°. Bell GSB:mb Enclosures pc: Mr. John Holdren, Town Administrator, Town of Severance. Mr. Donald D. Warden, Clerk to the Board LexisNexis(TM) CD Page 1 of 1 Document 1 of 1 Source: Colorado Statutes/TITLE 31 GOVERNMENT - MUNICIPAL/POWERS AND FUNCTIONS OF CITIES AND TOWNS/ARTICLE 15 EXERCISE OF MUNICIPAL POWERS/PART 8 LONG-TERM RENTALS AND LEASEHOLDS/31-15-802. Tax exemption. 31-15-802. Tax exemption. Property acquired or occupied pursuant to this part 8 shall be exempt from taxation so long as used for authorized governmental or proprietary functions of municipalities. Source: L. 75: Entire title R&RE, p. 1122, § 1, effective July 1. Editor's note: This section was contained in this title when it was repealed and reenacted in 1975. Provisions of this section, as it existed in 1975, are similar to those contained in 31-12-502 as said section existed in 1974, the year prior to the repeal and reenactment of this title. ANNOTATION C.J.S. See 64 C.J.S., Municipal Corporations, § 2015; 84 C.J.S., Taxation, §§ 505-507. Glacier Page 1 of 1 Carol Harding From: Bruce Barker Sent: Thursday, September 23, 2004 9:46 AM To: Chris Woodruff Cc: Mike Sampson; Carol Harding Subject: RE: Clarification about our position on Severance abatement Thanks. The matter will come back before the Board on September 27th, but will need to be continued again until October 4th for Mr. Bell's attendance. I am sending a copy of this to Carol Harding for inclusion in the Board's file. From: Chris Woodruff Sent: Thursday, September 23, 2004 8:32 AM To: Bruce Barker Cc: Mike Sampson Subject: Clarification about our position on Severance abatement Bruce, I received the letter from Greg Bell on behalf of the Town of Severnace for the pending abatement on the leased town hall. I understand the statute he cited, however, his citation was incomplete. CRS 31-1-801 describes the conditions necessary for the exemption in 31-15-802 to exist.The sticking point is the ordinance. The original agreement was not concluded by ordinance. In fact, the Town Council did not conclude the ordinance until 2004, after the delinquent taxes were brought to their attention. During the years of assessment in question, the public record did not indicate that Severance met the requirements of 31-15-801. Since exemptions are strictly construed, we are recommending denial of the petition. I hope this clarifies our position. Chris Woodruff, Chief Deputy Assessor 9/23/2004 09/27/2024 09:49 970-224-9188 BELL BOGS & ASSOC PAGE 01 BELL, BOGE & ASSOCIATES, P.C. Attorneys and Counselors at Law 322 East Oak Street Fort Collins,Colorado 80524 Gregory S.Bell Richard W.Doge* Telephone(970)493-8999 140544034or(970)224-3574 Jeremy E.Scott FAX(970)224-9188 September 27,2004 VIA FACSIMILE ONLY,970-352-0242 Mr.Donald D. Warden Clerk to the Board P.O. 758 Greeley, CO 80632 Re: Schedule Number: 0807021 16001 Dear Mr. Warden: This letter is to confirm my telephone conversation with a member of your staff regarding the Town of Severance's Petition for Abatement or Refund of Taxes. Apparently,this was heard last Monday, September 20, 2004 and I was informed it will be heard again on September 27,2004 and will be continued once more to Monday, October 4,2004. I was informed that it was a communication error of the staff. Please note that on Monday, October 4, 2004 at 9:00 a.m.,the Town of Severance will appear to present its case to the Board of Commissioners. Our office appreciates your office's cooperation regarding this rescheduling. Thank you. Very truly yours, Marg t : ook Par: egal :mb Hello