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Home My WebLink About20042481.tiff WIIIDc COLORADO SITE PLAN REVIEW Administrative Review Case Number Site Plan Review 368 (SPR-368) Parcel Number 1313-08-205009 Applicant: MASS Investments LLC Legal Description: Lot 9, Block 5, 2n° Corrected Vista Commercial Filing 2, Part of Section 8, Township 2 North, Range 68 West of the 6th P.M. Weld County, CO Zoning: PUD: C-3 (Business Commercial) & I-1 Industrial Uses Proposed Use: Automotive Repair and Retail Business Comments Meets the Intent of the Weld County Code Site Plan Certification Included in Application YES Retention Facilities Approval needed from Department of Public Works Engineering Dept. Approval Date Offstreet Parking YES Loading Areas Access YES Setback Requirements 25 Feet YES Offset Requirements 10 Feet YES Landscaping YES Trash Collection and YES Storage YES Potable Water Left Hand Water District YES Sewage Disposal Saint Vrain Sanitation District YES Environment Standards YES Property Maintenance YES This Site P/an Review is approved with the attached conditions: The Site Plan Review Plat shall be prepared per Section 23-2-160.V of the Weld County Code. The applicant shall submit a paper copy of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copy the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff within 30 days of approval and with payment of eleven ($11.00) dollars per sheet. (Department of Planning Services) PL /230 SPR-368 MASS investments LLC 1 2004-2481 1. k Prior to recording the Site Plan Review plat, the applicant shall address the following: A. The applicant shall attempt to address the requirements (concerns) of the 1o' Mountain View Fire Protection District, as stated in the referral response received • ,x+, January 26, 2004. Evidence of such shall be submitted in writing to the Weld �,,c•` ,? Q • County Department of Planning Services. (Department of Planning Services) e 4- The applicant shall pp provide written evidence from the Department of Public v`h Works that the drainage report dated December 23, 2003 is satisfactory or that all Public Works requirements/concerns regarding drainage have been addressed. (Department of Public Works) C. i The applicant shall submit written 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 27, 2003 have been met. (Department of Planning Services) D. / The applicant shall submit written evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (New EPA rule effective 4/5/2000). E. 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). Written evidence of Health Department approval shall be submitted to the Department of Planning Services. (Department of Public Health & Environment) F. The applicant shall address the requirements outlined in the referral dated January 19, 2004 from the Department of Planning Services. Written evidence of such shall be submitted to the Department of Planning Services. (Department of Planning Services) /7 Gj The applicant shall complete all proposed improvements including those • N regarding landscaping, screening, access improvements and parking lot `' .l requirements or enter into an Improvements Agreement according to policy ,?; ,. >'' regarding collateral for improvements and post adequate collateral for all 4 < required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) SPR-368 MASS Investments LLC 2 2. The plat shall be amended to delineate the following: ,•`71:':) The 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 (Dehning Way & Vista View Drive). Grading shall not be greater than 2% for the handicap stalls <. and access aisles. The dimensions of the handicapped parking space shall be indicated on the plat. Further, the ramps from the parking area shall be indicated. This shall be delineated on the Site Plan Review plat (Sheet 1 of 1 and the landscape plan sheet L-1). (Departments of Planning Services, Public Works) ,B`. 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. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) L ,,r 1. .r Cc' Section 23-4-50.A states: "One off-street loading space shall be required if the commercial or industrial use is located in a building containing between ten- thousand (10,000) square feet and twenty-thousand (20,000) square feet of gross floor area...". The future building expansion on the site plan review map would make this building larger than 10,000 square feet in size. A future off- street loading space that will not interfere with proposed parking and traffic circulation patterns shall be indicated. The loading space shall be at least thirty- five (35) feet in length and ten (10) feet in height and shall be unobstructed from the surface up to a height of fifteen (15) feet. (Department of Planning Services) at ` The proposed monument sign as shown on the Site Plan Review map is 28.5 <0;,oa square feet in size. Section 26-2-90.D.3.f of the Weld County Code requires that e, D monument signs be no larger than 25 square feet in size. The sign shall be revised to comply with this requirement. (Department of Planning Services) Section 23-3-250.A.9 addresses Outside Storage. Uses in Commercial Zone Districts involving outdoor storage of vehicles, equipment or materials when permitted shall be screened from public rights-of-way and all adjacent properties. The proposed cedar fence around the proposed storage area shall be completely opaque (no gaps). (Department of Planning Services) 3. Section 26-2-70 addresses the Landscape regulations. Section 26-2-70.6 addresses the landscape criteria for all property and development within the MUD area. Section 26-2-70.6.1 states landscapes shall utilize the following principles: (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. Sections 26-2- 70.B.2 through Section 26-2-70.6.7 specifically addresses the criteria to be utilized in the preparation of the Landscape plan. SPR-368 MASS Investments LLC 3 The Landscape Plan, shall at a minimum, delineate: A. The applicant shall include in the Landscape Plan in accordance with Section 23- 3-250.A.5, the following information: 1. The installation schedule that specifies when the landscaping will be installed on site. (Department of Planning Services) 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) The location of the metal edging shall be indicated. (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) B. Section 26-2-70.C addresses the landscape requirements for parking lots. The following criteria shall be met for this application and indicated on the landscape plan: 1/ A minimum of ten percent (10%) of the area of a parking lot must be - % landscaped if the lot contains ten (10) or more spaces. The requirement may be counted toward the maximum lot coverage requirement of each ;°')x zone district. At least seventy-five percent (75%) of the required r`4 et`' landscape area shall include living plant material. (Department of of Planning Services) u°> Berming and shrub or tree planting shall be used to screen parking lots from view of the roadway. Berms can vary in height depending on location and proximity of existing trees. Berms shall have smooth transitions from the top of the curb to the setback line so as to not create snow traps, with allowances made for placement of the sidewalk. Grading of berms shall not be lumpy or abrupt. Berm cross-sections shall be indicated on the landscape plan. See Appendix 26-H of the Weld County Code. (Department of Planning Services) 4. The following notes shall be placed on the plat: A. 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 Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) B. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to SPR-368 MASS Investments LLC 4 the Weld County Attorney's office, 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) C. 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) D. 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)- E. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) F. 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) G. 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, as amended. (Department of Public Health and Environment) H. Fugitive dust and fugitive particulate emissions sh;ill be controlled on this site. (Department of Public Health and Environment) The facility shall utilize the St. Vrain Sanitation District for sanitary sewage treatment and disposal. (Department of Public Health and Environment) J. The facility shall obtain water service from the Left Hand Water District. (Department of Public Health and Environment) K. Landscaping materials as indicated in the approved Landscape 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) L. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with the product labeling and in a manner that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs). (Department of Public Health and Environment) M. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) N. Effective January 1, 2003, Building Permits will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) SPR-368 MASS Investments LLC 5 O. Exterior illuminati( n of structures and lots shall be restricted as follows: A) Sources of light shall be shielded so that beams of light will not shine directly onto :r ija cent properties. B) Neither the u: nor reflected light from any light source may create a traffic hazard to opt .nor , of motor vehicles on public or private streets. P. Prior to the issuance o1' each building permit: A) The Architectural C ontrol Committee shall provide a letter to the Department of Planning Service ; indicating its approval of the proposed structure. B) The applicant shall ,submit evidence to the Department of Planning Services that the proposed fire protection system will meet the standards of the Mountain View Fire Protection District. Prior to the issuance of any building permits on any lot, adequate evidence shall be submitted to the Department of Planning Servi .,,s that the proposed fire protection system will meet the standards of the Mountain View Fire Protection District. Q. Buildings shall coil( rm to the requirements of the various codes adopted at the time of permit appli( ation. Currently, the following has been adopted by Weld County: 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. Weld County intends to adopt the 2003 International Building, Residential, Mechanical, Plumbing and Fuel Gas Codes on March 1, 2004. (Department of Building Inspection) R. The building, parking areas and assess routes shall conform to the Americans with Disabilities Act and CABO/ANSI A117.1-1992. (Department of Building Inspection) S. Maximum allowed building height, protection of walls and openings and the separation of buildings of mixed occupancy shall be in accordance with Chapter 29 of the Weld County Code. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) T. Building height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. U. Property Maintenance. Property located within Commercial Zone Districts shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious weeds. (Weld County Codification Ordinance 2000-1) (Department of Planning Services) SPR-368 MASS Investments LLC 6 V. This site plan review shall comply with the notes listed under the Corrected Plat Vista Commercial Center Filing II Plat (S-614) recorded 11/01/2000 under reception #2803997. 5. Prior to the release of building permits: A. A Final Site Plan and building construction plans must be submitted to the Mountain View Fire Protection District for review and approval. The applicant shall submit written evidence of approval to the Department of Building Inspection. (Mountain View Fire Protection District) B. Upon approval by the Department of Planning Services, the Site Plan Review plat shall be prepared per Section 23-2-160.W of the Weld County Code and submitted to the Department of Planning Services to be recorded. (Department of Planning Services) ¢. Written evidence from the Architectural Control Committee indicating its approval of the proposed buildings shall be submitted to the Departments of Planning Services and Building Inspection. (Department of Planning Services) D. Building permits shall be obtained prior to the construction of tht ';uildings. A plan review is required for each permit. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for the permit. (Department of Building Inspection) E. The buildings will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) D. 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) 6. Prior to Certificate of Occupancy: A. The applicant shall provide written evidence to the Department of Building from the Left Hand Water District that all requirements from the District's letter dated November 18, 2003 have been addressed and water service has been obtained. (Left Hand Water District) B. The applicant shall provide written evidence from the St. Vrain Sanitation District to the Department of Building Inspection that all requirements from the District's letter dated November 19, 2003 have been addressed and sewer service has been obtained. (St. Vrain Sanitation District) Site Plan Review conditionally approved by: ter""� n�J u"i4".\. Date: z/I $�U q Chris Gathman, Planner II-AICP SPR-368 MASS Investments LLC 7 SITE PLAN REVIEW (SPR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number nnnn^nn-o-oo_000 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description L9 B[KS 2ND CORR VISTA 0:14vIERCIAL CIR F?Section 8 , Township 2N North, Range 68 West Lot/Block: L9/BLKS Zone District: I-1,C-3 , Total Acreage: 1.36 , Overlay District: FEE OWNER(S) OF THE PROPERTY: - Name: MASS Investments LLC Work Phone#(970) 535-0405Home Phone# Email Address Address: Pp Box 435 City/Slate/ZipC,o`de Mead, CO 80542-0453 ',� Name: -TA.oc; Work Phone# 9io -vr t-z66t Home Phone# Email Address TA-or c7-eb o O ,J..d�._et Address: fur b $ W rSr 't - S-- V City/State/Zip Code (c , L,},, co a O S 325 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: Work Phone# Home Phone# Email Address Address: City/State/Zip Code PROPOSED USE: Automotive repair and retail business I(We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation.ail, afa Sig ature: Owner or uthorized Agent ate/ Signature: Owner or Authorized Agent Date -3- SITE PLAN CERTIFICATION I hereby certify that the uses, buildings, and structures located on: ✓IsTA C+ommererat Cen-ler, '"v G9 btK 5 Faroe/ go /3/3o8on,soo9 (legal description) are designed and will be constructed and operated in accordance with the applicable performance standards and district requirements for the I / — ad 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. 1/45'5 ✓/.S1--trenis C L C lneg Signature of Property Owner The foregoing instrument was subscribed and sworn to before me this Qu ay of Dec p 6 e C , 20CR , by/4/// fin P, . WITNESS my hand and official seal. My Commission expires: /IS sEpl-aOOq 7zeAi/M otary Public 11 EMERGENCY CONTACT INFORMATION PLEASE TYPE OR PRINT Business Name: Matthews Automotive Super Shop Phone: (970) 535-0405 Address: 1444 Vista View Drive, Longmont, CO 80504 Business Owner: Jack Matthews Phone: (970) 535-0405 Home Address: PO Box 435, Mead, CO 80542 City _ List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Jack Matthews Owner 206 Mulligan Lake Dr,Mead CO 80542 (970) 535-0405 Marietta Matthews 206 Mulligan Lake Dr,Mead' C0 80542 (970) 535-0405 Jim Matthews 1120 3rd Ave, Longmont CO 80501 (303) 485-7495 Business Hours: 7AM — 6PM,8AM — 5PM,10AM-- 3PM Days: Tue—Fri,Sat,Sun, respectively Type of Alarm: None (Burly) Holdup Fire Silent Audible Name and address of alarm company: Not contracted yet Location of Safe: NA MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 3 Location(s): Northwest corner, Northeast corner R West side Is alcohol stored in building? No Location(s): Are drugs stored in building? No Location(s): Are weapons stored in building? No Location(s): The following programs are offered as a public service of the Weld County Sheriff's Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: Northeast corner of building Gas shut off: Northeast corner of building Exterior water shutoff: Valve at watermain in Vista View Drive Interior water shutoff: Mechanical room in storage/shop area c Weld Co. Planning Dept. 3/9104 Chris Gathman, Planning Services Response to Weld Co. memorandum dated 02/02/2004 Subject: SPR-368 MASS Investments, LLC Recommendation that the following requirements be met prior to allowing the plat to be recorded. 1. Evidence of aboveground storage tank permit, or evidence from Environmental Protection that we are not subject to these requirements. Response: According to State Oil Inspector Bill Hickiman we are not subject Article 3 (below), because our 500 gal. Waste oil tank Is under the minimum capacity requiring registration. State Oil Inspector Bill Hickiman at 303-318-8505. Bill said if Weld Co. has any questions have them call him. ARTICLE 3 ABOVEGROUND STORAGE TANKS, Section 3-1 Applicability (1) Any AST whose capacity is greater than 39,999 gallons or less than 660 gallons are excluded from Article 3 regulations. (See included, completed Article 3) 2. Evidence of an underground injection control (UIC) Class V injection Well permit, or evidence from Environmental Protection that we are not subject to these requirements. Response: See attached letter from Environmental Protection, Valois Shea stating we are not subject to any Class V regulatory requirements. 3. Waste handing plan including: 1) A list of waste expected to be generated on site, include volumes and types of waste? 2) A list of type and volume of chemicals expected to be stored on site? 3) The waste handler and facility where the waste will be disposed, including name address and phone number? Response: 1) List of waste materials and volumes - Used motor of 150gal per month - Used oil filters 100 per month - Used fuel filters 50 month - Used antifreeze 50 gal per month - Spent transmission fluid 50 gal per month - Spent hydraulic oil 10 gal per month - Old greases & lubricants 10 gal per month Safety-Kleen ships used oil and antifreeze to Chicago for refinement and reuse. Oil filters also go to Chicago where there separated to there raw materials and rinsed three time before recycling. Additional disposal details available from Shawn Phillips of Safty-Kleen 303-598-5333. 2) A list of type and volume chemicals to be stored on site - Motor oil, two 280 gal tanks - Antifreeze 10 gal, in retail 1 gal containers - Transmission fluid, 50 gal drum - Greases and lubricants, 10 gal in retail containers - Cleaning chemicals, 10 gal in retail containers 3) Waste handler service, Name, Address, Phone Number Safety-Kleen Corp. 2801 S Tejon Englewood, Co. 80110 303-761-8614 Chris I believe we have satisfied the above Weld Co. requirements. If you have any questions please call. Jack Matthews MASS Investments Manager Days 303-272-7975 UNITED STATES ENVIRONMENGTAL PROTECTION AGENCY 999 STREET - SUITE 300 marhttpJlww DENVER, CO 80202-2468 w.epa.govinglon08 Notification from EPA Region 8 Underground Injection Control Class V Shallow Well Program February 27, 2004 TO: Weld County Department of Planning 1555 North 17''Avenue Greeley, CO 80631 Attention: Ms. Chris Gathman FAX: 970-304-6498 Mr.Jack Matthews Matthews Automotive Super Shop 1444 Vista View Drive Longmont, CO 80504 FAX: 303-272-5624 RE: Matthews Automotive Super Shop, documentation that floor drain Is connected to a holding tank This FAX serves as notification that Mr.Jack Matthews has contacted the EPA Region 8 Class V Shallow Injection program and provided information about the building located at 1444 Vista View Drive Longmont, CO Based on the information in Mr.Matthews' FAX dated February 27,2004,the floor drain(s)in the building is(are)connected to a holding tank,and do not discharge to city sewer or to ground water. The building connected to the city sewer for sanitary waste disposal. The connection to city sewer flows through a sand trap. Because there is no release of waste fluids from the floor drains into the subsurface,this facility is not subject to any Class V regulatory requirements. If you have any questions,please contact: VALOIS SHEA PHONE: 303-312-6276 OR 1-800-227-8917 X6276 FAX: 303-312-7084 IF THERE IS A PROBLEM WITH THE TRANSMISSION OF THIS FAX PLEASE CALL VALOIS SHEA Patted on Recycled Paper Aboveground Storage Tank Regulations g gulations http://oil.cd'Thte.co.us/OIL/StamtesRegulations/astregs.asp �. a' Colorado Department of Labor and Employment Division of Oil and Public Safety Petroleum Storage Tank Regulations (7 C.C.R. 1101-14) ARTICLE 3 ABOVEGROUND STORAGE TANKS Section 3-1 Applicability Section 3-2 Installation and Registration 3-2-1 Application for Permit for AST's 3-2-2 AST Facility Inspections Required 3-2-3 Denial or Revocation of Permit 3-2-4 Access to Premises and Records 3-2-5 Registration and Notification for AST's Section 3-3 Performance Standards for ASTs 3-3-1 Definitions 3-3-2 Design and Construction of Tanks 3-3-3 Security 3-3-4 Location and Installation of Propane ASTs 3-3-5 Location and Installation of ASTs at Service Stations 3-3-6 Location and Installation of Governmental,Industrial and Commercial AST Facilities4l 3-3-7 Location and Installation of Unattended Cardlock Systems 3-3-8 Location and Installation of ASTs at Bulk Plants 3-3-9 Location and Installation of ASTs in Vaults 3-3-10 Normal Venting 3-3-11 Emergency Relief Venting 3-3-12 Vent Piping 3-3-13 Tank Openings Other than Vents 3-3-14 Installation of Tanks Inside Buildings 3-3-15 Standards for Piping,Valves&Fittings 3-3-16 Upgrading of AST Systems Section 3-4 General Operating Requirements 3-4-1 Fire and Safety Standards 1 of 39 03/10/04 08:36 , Aboveground Storage Tank Regulations http://oil.cdate.co.us/OIL/StatutesRegulations/astregs.asp 3-4-2 Spill and Overfill Control 3-4-3 Operation and Maintenance of Corrosion Protection 3-4-4 Compatibility Requirements for All Tanks 3-4-5 Static Protection for All AST's 3-4-6 Repairs Allowed 3-4-7 Out of Service,Closure or Change-In-Service 3-4-8 Reinstallation of ASTs 3-4-9 Record Keeping Section 3-5 Release Detection 3-5-1 General Requirements for all AST Systems 3-5-2 Leak Detection for Secondary Containment Tanks 3-5-3 AST Facility Housekeeping Required Section 3-6 Oil Pollution Prevention-SPCC Plan 3-6-1 Applicability 3-6-2 Defmitions 3-6-3 Requirements For Preparation of SPCC Plan 3-6-4 Amendment of SPCC Plan Required by State Inspector of Oils 3-6-5 Amendment of SPCC Plan by Owners/Operators 3-6-6 SPCC Plan,Preparation and Implementation Guidelines ARTICLE 3 ABOVEGROUND STORAGE TANKS Section 3-1 Applicability (a)All provisions in these regulations apply to all petroleum AST systems unless specifically restricted to a specific system. Aside from meeting these regulatory requirements,all AST systems must meet local fire district rules,zoning rules,and requirements of other authorities having jurisdiction over AST systems.It will be the owner/operator s responsibility to ensure compliance with all such requirements. (b)In addition to exclusions listed in C.R.S. 8-20.5-101(2),the following ASTs or AST systems are excluded from these regulations: (1)Any AST whose capacity is greater than 39,999 gallons or less than 660 gallons. '1F (2)Any AST system that contains a de minimis concentration of petroleum products. (3)Any AST systems containing radioactive material that are regulated under the Atomic Energy Act. (4)Any AST system that is part of an emergency generator system at nuclear power generation facilities. (5)AST's used to store liquefied petroleum gases that are not liquid at standard temperature and pressure. 2 of 39 03/10/04 08:36 �� 1435 WEST 29`" STREET LO VELAN D, CO B053B (970) 461 -2661 CIVIL ENGINEERS FAX (970) 461 -2665 WWW.DMWCIVILENGINEERS.COM Memorandum Weld County Planning Department GREELEY OFFICE JAN 2 3 2004 Date: January 22, 2004 RECEIVED To: Chris Gathman Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Delivered Via: US Mail CC: Marlette Matthews Mass Investments, LLC PO Box 435 Mead, CO 80542 Project: Matthews Automotive Super Shop Project No. 0314.00-MAT RE: Correspondence Comments: Please send correspondence for the above referenced project directly to the Applicant, = tl MASS Investments, LLC, at the address above and send a copy to me. If you have any questions or concerns, please do not hesitate to contact me. B9: ti/— ,W ade P. Miller, P.E. Project Engineer T n ' 14610.1 1 435 WEST 29T" STREET Q� LO WEST, CO 90536 (970) 461 -2661 CIVIL ENGINEERS FAX (970) 461 -2665 WWW.DMWCIVILENGINEERS.COM To: Weld County Department of Planning Services 4209 Weld County Road 24% Longmont, CO 80504 From: Jade P. Miller, P.E. DMW Civil Engineers, Inc. Date: December 23, 2003 Project: Site Plan Review Application Lot 9, Block 5, Corrected Vista Commercial Center Filing No. 2 Matthews Automotive Super Shop DMW Project No. 0301.14-MAT On behalf of our client with the above referenced project, DMW is pleased to submit this Site Plan Review Application. The items listed below are included as part of this submittal in accordance with Section 23-2-160 of the Weld County Code. If you have any questions or concerns regarding this Application, please do not hesitate to contact me. 23-2-160.A One(1)original and fourteen (14)copies of the Site Plan Review Application are included along with one (1) original and fourteen (14) copies of the Site 44 , Plan Review Certification and one (1) original and one (1) copy of the Emergency Information Sheet. 23-2-160.B Fifteen (15) copies of the deed or legal instrument are provided. 23-2-160.C NA- Not a duplex 23-2-160.D NA- Not a condo 23-2-160.E Description of Proposed Use: The proposed use for the above referenced property is a commercial automotive repair and retail business. The building will be comprised of a concrete masonry building system with stucco facade and will house approximately 1,500 square feet of retail and office space, 900 square feet of storage/workshop area, and 4,500 square feet of automotive shop area. The office and retail areas will feature drop ceiling, vinyl tile floors, painted drywall and standard heat, air conditioning and lighting. The storage/workshop and automotive shop area will feature 16 foot clear ceiling, sealed concrete floor, and radiant heating. Paved parking areas will be provided adjacent to the building for customers and approximately 12 employees as well as a fenced, gravel storage area for vehicles and equipment. 23-2-160.F One (1) original and fourteen (14) copies of a letter from the Left Hand Water District are provided to demonstrate that water service is available. 23-2-160.G One (1) original and fourteen (14) copies of a letter from the St. Vrain Sanitation District are provided to demonstrate that sewer service is available. 23-2-160.F1 One (1) original and fourteen (14) copies of the County Road Access Information Sheet are provided. 23-2-160.1 The Description of Proposed USE states that there will be approximately 12 employees. 23-2-160.J The Zone Districts for the above referenced property are I-1 and C-3. No USE or ACCESSORY USE has been located closer than twenty-five (25) feet from the right-of-way in accordance with the performance standards for both the Commercial and Industrial Zone Districts. Off-street PARKING AREAS are located within the SETBACK area as permitted when SCREENED. No USE or ACCESSORY USE has been located closer than ten (10) feet from the LOT line in accordance with the performance standards for both the Commercial and Industrial Zone Districts. 23-2-160.K Fifteen (15) copies of the Building Elevations are provided. 23-2-160.L A detail for proposed signage along with its position are provided on the Site Plan Review Map. 23-2-160.M Fifteen (15) copies of the Landscape Plan are provided. 23-2-160.N One(1) original and fourteen (14)copies of the Stormwater runoff statement are provided. 23-2-160.O The site meets the Off-Street Parking Requirements listed in Article IV, Division 1 of Chapter 23 of the Weld County Code. For wholesale sales and service, one space is required for every 400 square feet with an additional space per two employees. With 6864 square feet and 12 employees, the site requires 24 spaces. The site provides 25 parking spaces which includes one van-accessible space. 23-2-160.P Sufficient space has been provided to accommodate vehicles being loaded or unloaded without encroachment upon neighboring property or rights-of- way. Potential loading areas are paved and are designed to comply with the appropriate use regulations of the Weld County Code. 23-2-160.Q The above referenced lot has safe access to Vista View Drive on the north and to Dehning Way on the west. 23-2-160.R New accesses to Vista View Drive and Dehning Way are designed in accordance with standards required by the Weld County Department of Public Works. 23-2-160.S Acceleration and Deceleration lanes are not required nor provided for this project. 23-2-160.T Areas USED for trash collection are SCREENED from public rights-of-way and all ADJACENT properties and are designed and used in a manner that will prevent wind or animal scattered trash. 23-2-160.0 This site is part of an approved Development and the USE is compatible with adjacent properties. 23-2-160.V Fifteen (15) copies of the Site Plan Review Map are provided. • 23-2-160.W Site Plan Review Plat is not required for this submittal. 23-2-160.X One (1) original and fourteen (14)copies of a certificate of payment of taxes from Weld County have been provided. 23-2-160.Y Fifteen (15) copies of Schedule B-2 (Exceptions) for the Title Commitment for the property have been provided to demonstrate Mineral Owners agreements. 23-2-160.Z NA - No irrigation ditches are present on this property. WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: Date: RE# : Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name MASS Investments LLC Phone (970) 535-0405 _ Address PO Box 435 City Mead State CO Zip 80542 2. Address or Location of Access 1444 Vista View Drive, Longmont, CO 80504 Section 8 Township 2 N Range 68 W Subdivision Vi.cta(7m.2Block 5 Lot 9 Weld County Road #: Side of Road Distance from nearest intersection 3. Is there an existing access to the property? Yes No X #of Accesses 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary O Subdivision 02 Commercial 0 Other *********************************************************************************************************** 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential L.. O8G = Oil&Gas • • D.R. = Ditch Road 0 = House LoT 9 = Shed St K S NI Skyway Dr *************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT , Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -6- DA.?Mak 1435 WEST 29T STREET LOVEsT, CO B053B (970) 461 -2661 CIVIL ENGINEERS FAX (970) 461 -2665 WWW.DMWCIVILENGINEERS.COM December 23, 2003 Weld County Department of Planning Services 4209 Weld County Road 24% Longmont, CO 80504 Project: Site Plan Review Application Lot 9, Block 5, Corrected Vista Commercial Center Filing No. 2 Matthews Automotive Super Shop DMW Project No. 0301.14-MAT I have reviewed the drainage report for the Vista Commercial Center, Filing No. 2. Vista Commercial Center, Filing No. 2 provides detention for the entire subdivision along its northern boundary adjacent to Highway 119. Individual lot owners are not required to provide detention on their properties. However, property owners are required to collect and convey their stormwater runoff to ditches adjacent to roadways and to internal lot ditches. Roadside ditches along Dehning Way and Vista View Drive adjacent to Lot 9, Block 5, will convey the runoff to Detention Pond 5. The Final Drainage Report for Vista Commercial Center, Filing No. 2, established the runoff coefficients for the 10-year and the 100-year storms to be 0.88 and 0.89, respectively. The calculated runoff coefficient for Lot 9, Block 5 (1.36 acres), is 0.41. The 10-year and 100-year peak runoff rates were calculated to be 2.98 cfs and 5.86 cfs, respectively. Therefore, no detention will be required for Lot 9, Block 5. The grading plan is adequate for the conveyance of the stormwater runoff to the roadside ditches along Dehning Way and Vista View Drive and the driveway culverts are sized to convey necessary runoff flows. Please do not hesitate to contact me if you have any questions or concerns regarding the drainage issues for this site. Sincerely, DMW CIVIL ENGINEERS Pp0 F R EG4S,T L 338 5 -o c.dSONALE` Jade P. Miller, P.E. (CO #33885) Project Engineer CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: Matthews Automotive Super Shop Catchment ID: All I. Catchment Hydrologic Data Catchment ID=All Area= 1.36 Acres Percent Imperviousness= 60.00% NRCS Sal Type= CAB,C,or D 11. Rainfall Information I(InchIhr)=Cl*P1/(C2+Td)^C3 Design Stone Return Period,Tr= 10 years (input return period for design storm) C1 = 28.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 1.76 inches (input one-hr precipitation—see Sheet"Design Info") ill. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.51 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C5= 0.48 Overide Syr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration eeetM LEGEND Reach 1 flew Reach 2, O &ginning Fla Didea Catchment Reach 3 aeaaeey NRCS Land Heavy Tillage/ Short ! Nearly Grassed Paved Areas& Type ! Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales _ ! Lawns I'! Ground Waterways (Sheet Flow) Con - ance 2.5 5 7 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 tps minutes input input output input output output Overland 0.0200 80 0A6 0.16 8.26 1 0.0200 150 20.00 2.83 0.88 2 0.0100 320 15.00 1.50 3.56 3 4 5 Sum 550 Computed Tc= 12.70 Regional Tc= 13.06 IV. Peak Runoff Prediction using Computed Tc action using Regional Tc Rainfall Intensity at Tc,I= 4.31 inch/hr Rainfall Intensity at Tc,I= 4.26 inch/hr Peak Flavrate,Qp= 2.98 cfs Peak Flowrate,Qp= 2.95 cfs MAT-RAT.xls,Tc and PeakQ 12/22/03,11:16 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: Matthews Automotive Super Shop Catchment ID: All I. Catchment Hydrologic Data Catchment ID=All Area= 1.36 Acres Percent Imperviousness= 60.00 % NRCS Soil Type= C A B,C,or D It. Rainfall Information I(inch/hr)=C7•P1 d(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 28.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.786 (input the value of C3) P1= 2.78 inches (input one-hr precipitation—see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.63 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.46 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration medal Liam Reach 1 flaw Reach 2• O Be n Flaw Direction 4 Catchment Reach 3 Beniam NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare I Swales/ Shallow Paved Swales Lawns Ground I Waterways (Sheet Flow) Conveyance 2.5 a 5 7 10 , 15 I 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf fvft ft C-5 fps minutes input input output input output output Overland 0.0200 80 0.46 0.16 826 1 0.0200 150 20.00 2.83 0.88 2 0.0100 320 15.00 1.50 3.56 3 4 5 Sum 550 Computed Tc= 12.70 Regional Tc= 13.06 IV. Peak Runoff Prediction using Computed Tc Notion using Regional Tc Rainfall Intensity at Tc,I= 6.81 inch/hr Rainfall Intensity at Tc,I= 6.73 inch/hr Peak Flowrate,Qp= 5.86 cfs Peak Flavrate,Qp= 5.79 cfs MAT-RAT.xds,Tc and Peak() 12/22/03, 11:16 AM Report Date: 12/22/2003 04:58PM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 35088 SCHEDULE NO: R8921200 ORDER NO: ASSESSED TO: VENDOR NO: HORIZON INVESTMENTS PHASE II LLC DMW CIVIL ENGINEERS 1835 FAITH PLACE 1435 W 29TH ST LONGMONT, CO 80501-4714 LOVELAND CO 80538 LEGAL DESCRIPTION: 2VCC L9 BLIC5 2ND CORR VISTA COMMERCIAL CENTER FG#2 PARCEL: 131308205009 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2002 TAX 15.04 0.00 0.00 15.04 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 12/22/2003 0.00 ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 2342- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.056 3.81 AGRICULTUR 640 190 SCHOOL DIST RE1J 41.025 7.79 NCW WATER 1.000 0.19 TOTAL 640 190 SVW WATER 0.245 0.05 LEFT HAND WATER 0.000 0.00 MTN VIEW FIRE(BOND 0.380 0.07 ST VRAIN SAN 5.354 1.02 WELD LIBRARY 3.249 0.62 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 1.49 TAXES FOR 2002 79.126 15.04 FEE FOR THIS CERTIFICATE 10.00 -- - - - _ "-- -- ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST I. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number,personal property taxes, transfer tax or misc. tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I, the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof,I have hereunto set my hand and seal this 22nd day of December,2003. , TREASURER, WELD COUNTY, CLAUD W. HANES, BY: / / �/ P.O. Box 458 �! % Greeley, CO 80632 (970)353-3845 ext.3290 REFERRAL LIST NAME: MASS Investments LLC CASE NUMBER: SPR-368 REFERRALS SENT: January 6, 2004 REFERRALS TO BE RECEIVED BY: February 4, 2004 COUNTY TOWNS and CITIES Attorney _Ault _X Health Department _Brighton Extension Service Broomfield Emergency Management Office Dacono _X_Sheriffs Office Eaton _X_Public Works Erie Housing Authority Evans Airport Authority _X Firestone _X_Building Inspection Fort Lupton _X Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover _X Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley _X_Longmont Division of Minerals/Geology _X_Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 _X Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins School District Greeley Ditch Company _X_Longmont _X Kim Ogle for Landscape Plan West Adams Road Impact Area _3_ JAN.29.2004 3: 19PM N0.315 P.2 • r1 i1 'LANNING JAN 12 1001 :aivF0 Weld County Referral l C. January 6, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant MASS Investments I-LO Case Number SpR-368 Please Reply By -Fepr4ary 4;2004 Planner 1 Chris-Getman Project Site Plan Review for Automotive RspAlr and Ratgil Susiness • Legal Lot 9, Block 5, Corrected Vista.QPInmarclal Center Filing 2;.Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado, Location South of and adjacent to Vista View Drive; east of and adjacent to Dehning Way. I For a more precise location, see legal, Parcel Number 1313 08 205009 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 la We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: A e • Signature /41.4/4/0 4t6 f/�/611 Agency ��f o f Lid Mien M Date 1 -5Weld County Planning Dept +1555 N. 17th Ave.Greeley,CO.80e31 A(070)359.6100 ext.3540 +(970)304-6409 rex Weld County Planning Departpent /C GREELEY OFFICE JAN 2 6 2004 RECEIVES /-4.2-1)// ,Aa liD Weld County Referral �• January 6, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant MASS Investments LLC Case Number SPR-368 Please Reply By February 4, 2004 Planner Chris Gathman Project Site Plan Review for Automotive Repair and Retail Business Legal Lot 9, Block 5, Corrected Vista Commercial Center Filing 2; Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Vista View Drive; east of and adjacent to Dehning Way. For a more precise location, see legal. Parcel Number 1313 08 205009 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 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature �� T n_SC a.� c l iV /3 20c, `f Agency . rnw.�a „�-.,1,.�� tio.�. jf Date +Weld County Planning Dept. ❖1555 N. 17th Ave.Greeley, CO. 80631 +(970)353-6100 ext.3540 •(970)304-6498 fax Wt.,. County Planning Depa `ment GREELEY OFFICE JAN 1 4 2004 RECEIVED J4N 1 2 2004 RECEIVED ' Weld County Referral CJanuary 6, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant MASS Investments LLC Case Number SPR-368 Please Reply By February 4, 2004 Planner Chris Gathman Project Site Plan Review for Automotive Repair and Retail Business Legal Lot 9, Block 5, Corrected Vista Commercial Center Filing 2; Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Vista View Drive; east of and adjacent to Dehning Way. For a more precise location, see legal. Parcel Number 1313 08 205009 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 Na We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature �I�t�Gt �. p.L�Gcrrnip¢Tiwki Ain fri5t thy 1/12-/04 Agency � 0/1,- /tttl . Date ((( +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax C° c O (70 Weld County Referral January 6, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant MASS Investments LLC Case Number SPR-368 - Please Reply By February 4, 2004 Planner Chris Gathman Project Site Plan Review for Automotive Repair and Retail Business Legal Lot 9, Block 5, Corrected Vista Commercial Center Filing 2; Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Vista View Drive; east of and adjacent to Dehning Way. For a more precise location, see legal. Parcel Number 1313 08 205009 • 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 1.2 We have reviewed the request and find no conflicts with our interests. U See attached letter. Co ments: Cpr*n rP� Lc a fbrnt a 1 (ANg i l�1\ E., t rice, Lkr c; ",r>lct t(cn,Or) Lt,f \Mt-AO Signature .v).--S\617 I-� (-q-04 Agency 7fl'nNC\ (ntliui'x-,c ti Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax Weld County Planning Deiariment GREELEY 0'=HICE 0 FEB 2 0 7004 Af \( siSrl MEMORANDUM r) ' ' TO: Chris Gathman,Planner /� DATE: 19-February-2004 C FROM: Peter Schei,P.E., Civil er, Public Works Department i COLORADO SUBJECT: SPR-368 MASS Investments, LLC(Site Plan Review) 2 doc.doc Weld County Public Works Department has reviewed Site Plan Review materials and has the following development referral comments. Comments ❑ These additional comments follow Public Works memo dated 13-January-2003. ❑ The developer has submitted the appropriate drainage requirements with their application materials. LI Submittal prerequisites for Public Works have been tendered and reviewed for this proposed development. LI Public Works has no further qualifications. Recommendation ❑ Public Works will not require further review of this site plan. Any issues shall be resolved with Public Works prior to construction. PC:SPR-368 MASS Investments,LLC(Site Plan Review)2 doc.doc Email&Original:Planner Page 1 of 1 Weld County Planning Department GREELEY OFFICE JAN 14 2001 ‘totra4 MEMORANDUM RECEIVED W� ITO: Chris Gathman, Planner DATE: 13-January-2004 �• FROM: Peter Schei,P.E.,Ci I eer, Public Works Department COLORADO SUBJECT: SPR-368 MASS Inv nts, LLC (Site Plan Review) Weld County Public Works Department has reviewed Site Plan Review materials and has the following development referral comments. Comments ❑ Weld County has jurisdiction over and maintenance of roadways adjacent to this development. ❑ This development is located within the I-25 MUD area of which standards shall be respected. ❑ Parking for this site plan shall meet County standards. ❑ ADA requirements must be met for this site. Parking Lots shall conform to all standards of the Americans with Disabilities Act. Recommendation ❑ Public Works approves this site plan based on compliance of meeting mandatory parking standards and satisfying ADA requirements for access. ❑ Public Works approves this site plan based on compliance with Weld County Code. ❑ Public Works will not require further review of this site plan. Any issues shall be resolved with Public Works prior to construction.* PC:SPR-368 MASS Investments,LLC(Site Plan Review) Email&Original:Planner Page 1 of 1 a. 131 t?...N. Kis- ID Weld County Referral C January 6, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant MASS Investments LLC Case Number SPR-368 - Please Reply By February 4, 2004 Planner Chris Gathman a Project Site Plan Review for Automotive Repair and Retail Business Legal Lot 9, Block 5, Corrected Vista Commercial Center Filing 2; Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Vista View Drive; east of and adjacent to Dehning Way. For a more precise location, see legal. Parcel Number 1313 08 205009 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 Je have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature <7.10,7041 R n .� 4w�1"� 2oa ¢ Agency u..O LAy ' . P n _) Date *Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 4•(970)304-6498 fax Kt; 1(, DEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 111kFax(970) 304-6498 COLORADO January 27, 2004 MASS Investments LLC Site Plan Review for Automotive Repair and Retail Business SPR-368 There are no active or historical permits on record for this parcel or address. 1. Building permits shall be obtained prior to the construction of the buildings. A plan review is required for each permit. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for the permit. 2. The buildings will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following has been adopted by Weld County: 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. Weld County intends to adopt the 2003 International Building, Residential, Mechanical, Plumbing and Fuel Gas Codes on March 1, 2004. 4. The building, parking areas and assess routes shall conform with the Americans With Disabilities Act and CABO/ANSI A117.1-1992. 5. Maximum allowed building height, protection of walls and openings and the separation of buildings of mixed occupancy shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Service,Teamwork, Integrity, Quality • Page 2. Please contact me for any further information regarding this project. Sincerely, Jeff Reif Building Official Service,Teamwork, Integrity,Quality a MEMORANDUM art TO: CHRIS GATHMAN,PLANNING SERVICES I FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH Q 1� C. SUBJECT:SPR-368 MASS INVESTMENTS, LLC DATE: 02 02/2004 COLORADO cc: Environmental Health Services has reviewed this proposal for an automotive repair and retail business. 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 evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. 2. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (New EPA rule effective 4/5/2000). 3. 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 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 shall operate in accordance with the approved "waste handling plan". 5. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 7. 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. 8. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. 9. The facility shall utilize the existing municipal sewage treatment system. (Saint Vrain Sanitation District) 10.The facility shall utilize the existing public water supply. (Left Hand Water District) 11.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). 2 . :Id County Planning Department GREELEY OFFICE tirsit.N., JAN 14 2004 RECEIVED WIlD Weld County Referral C. January 6, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant MASS Investments LLC Case Number SPR-368 - Please Reply By February 4, 2004 Planner Chris Gathman Project Site Plan Review for Automotive Repair and Retail Business Legal Lot 9, Block 5, Corrected Vista Commercial Center Filing 2; Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Vista View Drive; east of and adjacent to Dehning Way. For a more precise location, see legal. Parcel Number 1313 08 205009 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 ❑, /We have reviewed the request and find no conflicts with our interests. Ud See attached letter. Comments: Signature �� G//.O2 Agency /fic.5-6' Date *Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax MEMORANDUM To: Chris Gathman From: David Tuttl Date: November 12, 2 3 Subject: SPR-368 The sheriff's office has no concerns with this Special Use Permit. The sheriff's office would however be willing to provide a program entitled Crime Prevention Through Environmental Design to the developer. This program reduces the likelihood of criminal activity at a specific location by"hardening" it to crime. The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. IWelicIPeuninilanning Department GREELEY OFFICE' Cti---6.-;:**) JAN 2 6 2004 RECEIVED Weld County Referral CJanuary 6, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant MASS Investments LLC Case Number SPR-368 Please Reply By February 4, 2004 Planner Chris Gathman Project Site Plan Review for Automotive Repair and Retail Business Legal Lot 9, Block 5, Corrected Vista Commercial Center Filing 2; Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Vista View Drive; east of and adjacent to Dehning Way. For a more precise location, see legal. Parcel Number 1313 08 205009 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' vve'R271r2vwwea'tnTrequest and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. yiSee attached letter. Comments: Signature C- ) �0 , _ O. i 1 Agency e w re- \DCS,c—`` Date — � ❖weld County Planning Dept. 41555 N. 17th Ave. Greeley, CO. 80631 9(970)353-6100 ext.3540 4(970)304-6498 fax *ouNTA'" MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road• Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 viE`N January 23, 2004 Mr. Chris Gathman Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 I have reviewed the submitted material pertaining to the Mass Investments project located south of and adjacent to Vista View Drive and east of Dehning Way in the Vista Commercial Center (Case Number: SPR-368). The Fire District does not object to the request to build the shop provided the requirements of the Fire District can be met. Based on my review, I have the following comments with regard to the project: • Buildings shall be designed and constructed in accordance with the provisions of the Uniform Fire Code, as ratified by the Weld County Commissioners. • The site plan submitted did not include a utility plan showing the location of any proposed fire hydrants. To assure fire hydrant spacing is adequate for the building, future plan submittals should also include the location of existing hydrants that are located both to the east and south of the one existing fire hydrant shown on the plans submitted. • Fire apparatus access to the building 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 (60,000 pounds) in all-weather conditions. • Building construction plans showing occupancy classification, the use of the building and building construction type must be submitted to the Fire District for review and approval before building permits may be issued. The building construction plans must include a final site plan and utility plan showing fire hydrant locations and water main sizes. • A final inspection of the occupancy will be required by a member of the Fire District before a Certificate of Occupancy is issued from Weld County. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 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 Mr. Chris Gathman January 23, 2004 Page Two 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, LuAnn Penfold Fire Marshal LMP/lp cc: project file Ip01.12.04 r-. r 46ott MEMORANDUM Ii`Pe. DATE: January 19, 2004 O: Chris a thman, Planner II COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: Site Plan Review 368 MASS Investments LLC M. Matthews, Applicant The Department of Planning Services reviewed the above referenced Use by Special Review documentation and drawings and offers the following comments: The Site Plan Review Plat shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. This application shall be in compliance with Section 23-3-250 A. and B, Section 23-3-350 and Chapter 26 and is address in the following comments. The proposal is located in the Western Dairymen Cooperative PUD. Zoning within this PUD is C-3 and I-1. /Section 23-3-250.A.1 Stormwater Management. All users of land shall provide and maintain stormwater retention facilities designed to retain the stormwater runoff in excess of historic flow from the undeveloped site. The stormwater retention facility on a developed site shall be designed for a one-hundred-year storm. The stormwater retention facility shall be designed and operated to release the retained water at a quantity and rate not to exceed the quantity and rate of a five- year storm falling on the undeveloped site. The application materials state that the storm water management plan prepared by DMW Civil Engineers, Loveland has addressed this issue. The applicant shall contact the Weld County Department of Public Works to durther discuss this issue. Action 23-3-250.A.2 Parking. Sufficient screened, off-street, paved parking areas shall be provided to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and Accessory Uses. Appendix 23-A describes the design requirements for parking spaces and Appendix 23-B delineates the number of parking spaces required by use for this property. The proposed facility has Office, Retail and Warehouse uses. The parking requirement for Office uses are one space for every two employees plus one space per 500 SF. The area delineated on the drawings submitted is 583 SF, with written documentation stating there are twelve employees on premises, therefore two (2) parking spaces are required for the office area. The retail component delineates 1332 SF of display area. The parking requirement for Retail uses are one space for every 200 SF, therefore six (6) parking spaces are required for the retail area component. The warehouse area requires one space for every 1000 SF of area. The area delineated on the drawings is 5496 SF therefore five (5) spaces are required to meet the parking requirement. Per Code, the total parking required for this facility is 13 parking spaces of which one must meet the requirements of the Americans with Disabilities Act. The application materials delineate twenty-five (25) parking spaces. The parking requirement number for this development proposal has been met. It is unclear how the ADA parking space accesses the structure. There is not a clear delineation of a curb cut or ramp. Further clarification is required on future submittals. ,Section 23-3-250.A.3 Street Access. Lots shall have safe access to an approved public or private street. The design designation of any street or highway as to type shall be in conformance with that shown on the county thoroughfare plan and/or the master plan of the affected municipality. The existing access is off of Vista View Drive and Dehning Way within the Vista Commercial PUD. The applicant shall provide written evidence of approval of the points of ingress and egress to this facility from the Mountain View Fire Protection District. Section 23-3-250.A.4 Required Yards - Setback No use or accessory use may be located closer than twenty-five (25) feet to the existing or proposed (whichever represents the greater right-of-way width) highway or street right-of-way. Off-street parking areas may be permitted in the required setback area when the area is screened from direct view of persons on the public rights-of-way. Fences over six (6) feet in height are not required to comply with the minimum setback and may be located on the property line. Fences located on corner lots abutting public right-of-way shall not obstruct the view of vehicular traffic at an intersection. Written evidence of compliance shall be submitted to the Department of Planning Services. Section 23-3-250.A.4 Required Yards - Offset No use or accessory use may be located closer than ten (10) feet to its lot line. Fences over six (6) feet in height are not required to comply with the minimum OFFSET and may be located on the property line. /Section 23-3-250.A.5.A Required Landscaped Areas No more than eighty-five percent (85%) of the total area of a lot shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if covered by decorative gravel or wood chips, or if it is otherwise suitably Landscaped. There was a schematic Landscape and Screening Plan submitted with the application materials. Additional information is required prior to accepting the plat for recording. This information shall include the native grass mix and method of installation; the shrubs called out on the Landscape Plan but not noted by species and size. ,Section 23-3-250.A.5.B That portion of a lot which abuts a public or private street right-of-way shall be landscaped for a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot. Sidewalks and driveways may pass through the required landscaped areas. The Landscape and Screening Plan submitted with the application materials shall address this issue. Further, the location of the earthen berm shall also be delineated. Additional information is required prior to accepting the plat for recording. ction 23-3-250.A.6 Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash. The application materials do not identify the location of the dumpster on the plat. Future submittals shall delineate the screened enclosure as outlined in this Section of the Code. Section 23-3-250.A.7 Water Supply. Uses shall have an adequate source of potable water. The application materials state that water is provided by Left Hand Water District. The applicant shall meet the requirements of the Weld County Department of Public Health and Environment. Section 23-3-250.A.8 Sewage Disposal. Uses shall have adequate sewage disposal facilities. The application materials state that sanitary sewer will be provided by the St. Vrain Sanitation District. The applicant shall meet the requirements of the Weld County Department of Public Health and Environment. Section 23-3-250.A.9 Outside Storage. Uses involving outdoor storage of vehicles, equipment or materials when permitted shall be screened from public rights-of-way and all adjacent properties. The application materials and supporting drawings indicate that a fence is located south of the proposed building to screen an outdoor storage yard. Further information is requested on the fence materials. Section 23-3-350.6. Operation Standards. Uses shall demonstrate conformance with the following operation standards to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation of the Uses permitted shall conform to these standards. Section 23-3-350.6.1 Noise. Uses and structures shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101 C.R.S. The applicant shall meet the established standards set by the Weld County Department of Public Health and Environment. Section 23-3-250.6-2 Air Quality. Uses shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. The applicant shall meet the established standards set by the Weld County Department of Public Health and Environment. Section 23-2-250.B.3 Water Quality. Uses shall be located, designed and operated in accordance with the water quality control standards established by the Colorado Water Quality Control Commission. If applicable, the applicant shall provide additional information regarding the commerncial well if required through the Weld County Department of Public Health and Environment referral. Section 23-2-250.6.4 Radiation and Radioactive Materials. The handling, use, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government The application materials do not indicate this is applicable, should this not be the case, the applicant shall provide additional information to the Weld County Department of Public Health and Environment. Section 23-2-250.B.5 Heat. Uses shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the Lot line more than five (5) degrees Fahrenheit. The application materials do not indicate this is applicable, should this not be the case, the applicant shall provide additional information to the Weld County Department of Public Health and Environment and the Department of Building Inspection. Further, the applicant shall obtain a written approval from the Fort Lupton Fire Protection District stating that the facility is in compliance with the Fire Code. Section 23-2-250.B.6 Light. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with or construed as traffic control devices. The application materials did not include a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the Site Plan Review Plat. Section 23-2-250.B.7 Property Maintenance. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious weeds. The application materials do not address property maintenance. Future correspondence shall identify how the property will be in compliance with this Section of the County Code. Section 23-4-50. Off Street Loading. The applicant shall delineate on the Site Plan Review plat the location of the loading zone that is in compliance with Section of the Code. There shall be parking or staging of trucks within the public right-of way. Further, the applicant shall meet all requirements of the Department of Public works concerning access and circulation of vehicles for this proposed facility. Section 23-4-90 Signs. The application materials do not address the issue of on-site signs, however, the Landscape, Signage and Lighting Plan identifies sign locations on site Section 23-4-90 addresses signs located in the Agricultural Zone District. The applicant shall provide written evidence that all proposed signs are in compliance with this section of the Code. Section 26 addresses the requirements of the Mixed Use Development Area, (MUD). The following criteria, if more restrictive shall apply to this site. Section 26-2-40 Common Open Space. Appendix 26-E discusses common open space requirements. Per the Code, twenty (20) percent of the parcel is required for open space in the MUD. Section 26-2-50 Maximum Lot Coverage. All land use applications in the MUD area shall adhere to the regulations governing the maximum percentage of lot coverage. The maximum lot coverage is defined as the maximum percent of the total area of a lot in a zone district that shall be covered by any structure. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers it is covered by decorative gravels or wood chips, or if it is otherwise suitably landscaped. The percentage of coverage on a lot shall not include the area of the lot or development designated as common open space as outlined in Appendix 26-E . The percentages outlined in Table 26.1 shall be deemed the maximum lot coverage for each zone district within the MUD area. In this instance, the maximum lot coverage is eight-five (85) percent of the total allowable area. Section 26-2-70.A Landscaping Regulations, Intent. Landscaping is extremely important for ensuring the quality of development in the MUD area. Trees, shrubs and other plantings add greatly to the aesthetic appeal while controlling erosion, reducing glare, lowering temperatures, buffering sounds and blocking or diverting wind. As no single landscaping plan can be prescribed for all developments due to differing land features, topology and soils, the County allows flexibility and encourages creativity in landscape designs. Landscaping must be sensitive to the characteristics and maintenance requirements of the planting selected. Species must be chosen that are hardy for the climate and soil conditions in the MUD area, that can tolerate traffic, that are resistant to disease and insects, and whose maintenance needs can be met. Section 26-2-70.6 Design Criteria. 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. The applicant shall provide evidence, both graphically and written stipulating compliance with this Section of the Code. 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 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. Section 26-2-70.C.1 Landscaping Requirements for Parking Lots. At least ten percent (10%) of the area of a parking lot must be landscaped if the lot contains ten (10) or more spaces. The requirement may be counted toward the maximum lot coverage requirement of each zone district. At least seventy-five percent (75%) of the required landscape area shall include living plant material. Section 26-2-70.C.2 Berming and shrub or tree planting shall be used to screen parking lots from view of the roadway. Berms can vary in height depending on location and proximity of existing trees. Berms shall have smooth transitions from the top of the curb to the setback line so as to not create snow traps, with allowances made for placement of the sidewalk. Grading of berms shall not be lumpy or abrupt. Section 26-2-70.C.3 Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. At least seventy-five percent (75%) of the length of the frontage of the parking lot must be effectively screened. Section 26-2-70.C.4 A minimum of five percent (5%) of the parking area shall be landscaped exclusive of setback areas. Trees planted in parking areas should be either in bays or planting islands of at least five (5) feet by five (5) feet. Trees should be distributed throughout the parking area, however, they shall be placed so that they do not obstruct visibility for cars and pedestrians. Section 26-2-70.C.5 Loading, service or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats or pallets are not an acceptable screening material. Plant material shall be used to soften the appearance of the screen. Section 26-2-70.D.2 Landscaping Requirements Along Roadway Corridors - Design Intent. The applicant shall provide evidence, both graphically and written stipulating compliance with this Section of the Code. Of particular note are the following Sections: Section 26-2-70.D.2.a. Plantings along road rights-of-way shall be integrated with the rest of the site. Section 26-2-70.D.2.b That portion of a lot in any zone district which abuts a public or private road right-of-way shall be landscaped with a minimum two-and-one-half-inch caliper shade tree or six-foot minimum height coniferous tree at a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot, for every forty (40) linear feet of street frontage. Trees may be grouped with a maximum distance of one hundred (100) feet between trees or groupings, with exceptions made at entrance drives. Section 26-2-70.D.2.g There shall be a minimum twenty-foot-wide landscape setback measured from the existing or planned future right-of-way to any parking lot, fencing, storage area or structure. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter (Chapter 26) and any other more restrictive requirements contained in Chapter 23 of the Code. Section 26-2-70.D.2.h Appendices 26-M through 26-P contained within this Chapter (Chapter 26) illustrate the proposed character, berming and landscape setbacks for the State Highway 119 corridors. (Weld County Codification Ordinance 2000-1) Section 26-2-80.C and Section 26-2-80.D addresses access and circulation. The applicant shall contact the Department of Public Works to address all issues pertaining to this topic. The Department of Planning Services shall require an agreement with the Oil and Gas interests for the secondary access to the south of the parcel. Further, the Mountain View Fire Protection District shall be consulted on this access and the applicant shall provide written evidence that the concerns of the Mountain View Fire Protection District have been addressed to their satisfaction and requirements. Section 26-2-90 Sign District Requirements. The applicant shall provide evidence, both graphically and written stipulating compliance with this Section of the Code. Specific attention shall be given to Section 26-2-90.D.2 of the Code. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, etcetera) and non-transportation (plant materials, fencing, screening, 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. Millennium rrogressive vantage, uu. PO BOX 609 202 Mulligan Lake Dr. Mead, CO 80542 Phone: 970-535-0925, Fax: 970-535-0926 The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS 2-9-99) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) (NEW LOAN) Date: August 05, 2003 I. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the terms and conditions set forth in this contract. 2. DEFINED TERMS. a. Bayer. Buyer, MASS Investments, LLC MASS Investments, LLC will take title to the real property described below as O Joint Tenants O Tenants In Common O Other Severally • b. Property.The Property is the following legally described real estate: VISTA COMMERCIAL CENTER FILING II 2VCC L9 ELKS 2ND CORR VISTA COMMERCIAL CENTER FG#2 PARCEL II 131308205009 59414 SO FT OR 1 .36 ACRES in the County of WELD ,Colorado,commonly known as Na 1444 Vista View Drive Longmont CO 60504 Street Address City State Zip together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,all interest of Seller in vacated streets and alleys adjacent thereto,except as herein excluded. c. Dates and Deadlines. Item No. Reference Event Date or Deadline I 4 5a Loan Application Deadline August 15, 2003 2 456 Loan Commitment Deadline September 15, 2003 3 4 5c Buyer's Credit Information Deadline n/a 4 4 5c Disapproval of Buyer's Credit Deadline n/a 5 §5d _ Existing Loan Documents Deadline n/a 6 §5d Objection to Existing Loan Deadline n/a 7 § 5d Approval of Loan Transfer Deadline n/a 8 §6a Appraisal Deadline August 22, 2003 9 §7a Title Deadline August 20, 2003 10 § 7a SurveyDeadline August 20, 2003 • t I §7b Document Request Deadline up to closing 12 § 8a — Title Objection Deadline August 22, 2003 13 § 8b _ Off-Record Matters Deadline August 20, 2003 14 §8b Off-Record Matters Objection Deadline August 22, 2003 15 § 10 Seller's Property Disclosure Deadline August 20, 2003 16 § 10a Inspection Objection Deadline August 22, 2003 17 4 lob Resolution Deadline August 26, 2003 18 § 11 Closing Date October 30, 2003 19 § 16 Possession Date Time of Close 20 4 16 Possession Time Time of Close 91 §28 Acceptance Deadline Date August 14, 2003 22 §28 Acceptance Deadline Time 5:00 P.M. n/a n/a n/a n/a PREPARED BY AGENT:GREGORY IC CROWELL, BROKER CBS 2-9-99,Cont to Buy and Sell Real Estate(Commercial),613199.Colorado Real Estate Commission RealFAS S / 3.Version 6.14.Software Registered to:Gregory K.Crowell,Millennium Progressive Vantage,Ltd. 1 K. Buyer(s) /C Seller(s1JL n/a n/a n/a n/a n/a n/a n/a n/a d. Attachments. The following exhibits,attachments and addenda are a part of this contract: EXHIBIT A: BUYERS STATEMENT OF PLANNED USE EXHIBIT B: EARNEST MONEY CHECK e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A" means not applicable. 3. INCLUSIONS AND EXCLUSIONS. a. The Purchase Price includes the following items(Inclusions): (1) Fixtures. If attached to the Property on the date of this contract, lighting, heating, plumbing, ventilating, and air conditioning fixtures, inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,sprinkler systems and controls,and n/a (2) Other Inclusions. If on the Property whether attached or not on the date of this contract: stomi windows, storm doors,window and porch shades,awnings, blinds,screens,window coverings,curtain rods,drapery rods,storage sheds,and all keys. Check box if included: 0 Smoke/Fire Detectors, 0 Security Systems; and a/a (3) Trade Fixtures- With respect to trade fixtures, Seller and Buyer agree as follows: a/a b. Instruments of Transfer. The Inclusions are to be conveyed at Closing free and clear of all taxes,liens and encumbrances,except as provided in§ 12. Conveyance shall be by bill of sale or other applicable legal instrument(s). c. Exclusions. The following attached fixtures am excluded from this sale: n/a 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U. S.Dollars by Buyer as follows: Item No. Reference Item Amount Amount I §4 Purchase Price $ 267,363.00 2 §4a Eamest Money $ 5,000.00 3 §4b New Loan SEE 24.C 4 §4c Assumption Balance ti/A 5 §4d Seller or Private Financing N/A 6 §4e Cash at Closing 2_62,363.00 7 TOTAL $ 267,363.00 $ 267,363.00 a. Earnest Money.The Earnest Money set forth in this Section,in the form of PERSONAL CHECK ,is part payment of the Purchase Price and shall be payable to and held by DYER REALTY, INC. , in its trust account, on behalf of both Seller and Buyer.The parties authorize delivery of the Earnest Money deposit to the Closing Company,if any,at or before Closing. b. New Loan. Buyer shall obtain a new loan set forth in this Section and as follows: ❑ Conventional ®Other SEE C. ADDITIONAL PROVISIONS This loan will he secured bya FIRST (1st,2nd,etc.)deed of trust. The total loan amount not in excess of$ n/a shall be amortized over a period of n/a years at approximately$ n/a per month including principal and interest not to exceed n/a % per annum, plus, if required by Buyer's lender, a monthly deposit of 1/12 of the estimated annual real estate taxes and property insurance premium. If the loan is an adjustable interest rate or graduated payment loan, the monthly payments and interest rate initially shall not exceed the figures set forth above. Loan discount points, if any, shall be paid to lender at Closing and shall not exceed n/a % of the total loan amount Notwithstanding the loan's interest rate,the first n/a loan discount points shall be paid by n/a , and the balance, if any, shall be paid by n/a . Buyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed n/a %of the loan amount. c. Assumption. [Omitted-Not Applicable] d. Seller or Private Financing. [Omitted-Not Applicable] e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing plus Buyer's closing costs, shall be in finds which comply with all applicable Colorado laws,which include cash,electronic transfer funds, certified check,savings and loan teller's check and cashier's check(Good Funds). 5. FINANCING CONDITIONS AND OBLIGATIONS. a. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan, or if an existing loan is not to be released at Closing,Buyer,ifrequired by such lender,shall make written application by Loan Application Deadline (§ 2c). Buyer shall cooperate with Seller and lender to obtain loan approval, diligently and timely pursue same in good faith,execute all documents and furnish all information and documents required by lender, and, subject to § 4, timely pay the costs of obtaining such loan or lender consent. Buyer agrees to satisfy the reasonable requirements of lender,and shall not withdraw the loan or assumption application,nor intentionally cause any change in circumstances which would prejudice lender's approval of the loan application or funding of the loan. b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan as specified in § 4b,this contract is PREPARED BY AGENT:GREGORY K.CROWELL, BROKER CBS 2-9-99,Contract to Buy and Sea Real Estate(Commercial),6/3/99.Colorado Real Estate Commission RealFA$T So are,02003,Version 6.14.Software Registered to:Gregory K.Crowell,Millennium Progressive Vantage.Ltd. e 3 t Buyer(s)�i �L Seaer(s� + !4 • conditional upon Buyer obtaining a written loan commitment including, if required by lender, (I) lender verification of employment, (2) lender approval of Buyer's credit-worthiness, (3) lender verification that Buyer has sufficient funds to close, and (4) specification of any remaining requirements for funding said loan. This condition shall be deemed waived unless Seller receives from Buyer, no later than Loan Commitment Deadline (§2c),written notice of Buyer's inability to obtain such loan commitment. If Buyer sonotifies Seller,this contract shall terminate. IF BUYER WAIVES THIS CONDITION BUT DOES NOT CLOSE,BUYER SHALL BE IN DEFAULT. c. Credit Information. [Omitted-Not Applicable] d. Existing Loan Review. [Omitted-Not Applicable] 6. APPRAISAL PROVISIONS. a. Appraisal Condition. This subsection a. ®Shall ❑ShalNot apply. Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Propetty's valuation determined by an appraiser engaged by BUYER . The contract shall terminate by Buyer giving Seller written notice of termination and either a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the Purchase Price,received on or before the Appraisal Deadline (§ 2c). If Seller does not receive such written notice of termination on or before the Appraisal Deadline (§2c),Buyer waives any right to terminate under this subsection. b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by ® Buyer ❑Seller. 7. EVIDENCE OF TITLE a. Evidence of Title;Survey. On or before Title Deadline (§ 2c), Seller shall cause to be furnished to Buyer, at Seller's expense, a current commitment for owner's title insurance policy in an amount equal to the Purchase Price or if this box is checked, ❑An Abstract of title certified to a current date. If a title insurance commitment is furnished, it ❑Shall ®Shall Not commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanics'liens, (5) gap period(effective date of commitment to date deed is recorded),and (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by ❑ Buyer ® Seller.An amount not to exceed $ 300.00 for the cost of any improvement location certificate or survey shall be paid by ® Buyer ❑Seller. If the cost exceeds this amount, BUYER shall pay the excess on or before Closing.The improvement location certificate or survey shall be received by Buyer on or before Survey Deadline (§2c). Seller shall cause the title insurance policy to be delivered to Buyer as soon as practicable at or after Closing. b. Copies of Exceptions. On or before Title Deadline (§2c),Seller,at Seller's expense,shall furnish to Buyer,(I)a copy of any plats, declarations,covenants,conditions and restrictions burdening the Property,and (2) if a title insurance commitment is required to be furnished,and if this box is checked ® Copies of any Other Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). Even if the box is not checked,Seller shall have the obligation to furnish these documents pursuant to this subsection if requested by Buyer any time on or before the Document Request Deadline (§ 2c). This requirement shall pertain only to documents as shown of record in the office of the clerk and recorder(s).The abstract or title insurance commitment,together with any copies or summaries of such documents furnished pursuant to this Section, constitute the title documents(Title Documents). 8. TITLE. a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents shall 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 receipt by Buyer of any Title Document(s) or endorsement(s) adding new Exception(s)to the title commitment together with a copy of the Title Document adding new Exception(s)to title. If Seller does not receive Buyer's notice by the date(s)specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. b. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline (§ 2c)true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(ies)has any right in the Property not shown by the public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy). Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before Off-Record Matters Objection Deadline (§2c).I f Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge. c. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES.BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is received by Seller on or before Off-Record Matters Objection Deadline (§ 2c), this contract shall then terminate. If Seller does not receive Buyer's notice by such date,Buyer accepts the effect of the Property's inclusion in such special taxing district(s)and waives the right to so terminate. 4. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)or commitment terms as provided in §8 a or b above, Seller shall use reasonable effort to correct said items and bear any nominal expense to correct the same prior to Closing. If such unsatisfactory title condition(s)are not corrected on or before Closing,this contract shall then terminate; provided, however, Buyer PREPARED BY AGENT:GREGORY K.CROWELL, BROKER CBS 2-9-99.Contract to Buy and Sell Real Estate(Commercial).6/3/99.Colorado Real Estate Commission RealFAST aware.O2003.Version 6.14.Software Registered to:Gregory K.Crowell,Millennium Progressive Vantage.Ltd. ,A lit i Selter(s) � • may,by written notice received by Seller,on or before Closing,waive objection to such items. e. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should he reviewed carefully. Additionally,other matters not reflected in the Title Documents may affect the title,ownership and use of the Property,including without limitation boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and environmental matters. THE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE DOES NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL RIGHTS.THIRD PARTIES MAY HOLD INTERESTS IN OIL,CAS, OTHER MINERAIS,GEOTHERMALENERGYORWATERONORUNDERTHE PROPERTY,WHICH INTERESTS MAY GIVETHEM RIGHTS TO ENTER AND USE THE PROPERTY. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect toall such matters as there are strict timelimits provided in this contract(e.g., Title Objection Deadline [§2c]and Off- Record Matters Objection Deadline [§2c]). 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwelling(s) for which a building permit was issued prior to January 1, 1978, this contract shall be void unless a completed Lead-Based Paint Disclosure (Sales) form is signed by Seller and the required real estate licensee(s),which must occur prior to the parties signing this contract. 10. PROPERTY DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline (§2c),Seller agrees to provide Buyer with a written disclosure of adverse matters regarding the Property completed by Seller to the best of Seller's current actual knowledge. a. Inspection Objection Deadline. Buyer shall have the right to have inspection(s) of the physical condition of the Property and Inclusions,at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion, Buyer shall, on or before Inspection Objection Deadline (§ 2c): (I) notify Seller in writing that this contract is terminated,or (2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct (Notice to Correct). If written notice is not received by Seller on or before Inspection ObjectionDeadline (§ 2c), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. b. ResolutionDeadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof on or before ResolutionDeadline (§2c), this contract shall terminate one calendar day following the ResolutionDeadline (§2C),unless before such termination Seller receives Buyer's written withdrawal of the Notice to Correct c. Damage; Liens; Indemnity. Buyer is responsible for payment for all inspections,surveys,engineering reports or for 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 activities. Buyer shall not permit claims or liens of any kind against the Property for inspections,surveys,engineering reports and for any other work performed on the Property at Buyer's request. Buyer agrees to indemnify,protect and hold Seller harmless from and against any liability,damage,cost or expense incurred by Seller in connection with any such inspection, claim, or lien.This indemnity includes Sellers right to recover all costs and expenses incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees.The provisions of this subsection shall survive the termination of this contract. 11. CLOSING. Delivery of deed(s)from Seller to Buyer shall be at Closing(Closing).Closing shall be on the date specified as the Closing Date (§2c)or by mutual agreement at an earlier date.The hour and place of Closing shall be as designated by COLORADO ESCROW e TITLE 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and provisions hereof,Seller shall execute and deliver a good and sufficient GENERAL WARRANTY deed to Buyer,at Closing,conveying the Property free and clear ofall taxes except the general taxes for the year of Closing.Except as provided herein,title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer's signature hereon,whether assessed or not. Title shall be conveyed subject to: a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with§8a[Title Review], b. distribution utility easements, c. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with§ 8b[Matters Not Shown by the Public Records],and d. inclusion of the Property within any special taxing district,and e. the benefits and burdens of any declaration and party wall agreements,if any,and f. other n/a 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS; DOCUMENTS AND SERVICES. Buyer and Seller shall pay,in Good Funds,their respective Closing costs and all other items required to be paid at Closing,except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing.Fees for real estate Closing services shall be paid at Closing by ® One-Half by Buyer and One-Half by Seller 0 Buyer 0 Seller 0 Other n/a The local transfer tax of n/a %of the Purchase Price shall be paid at Closing by 0 Buyer 0 Seller. Any sales and use tax that may accrue because of this transaction shall be paid when due by 0 Buyer U Seller. 15. PRORATIONS. The following shall be prorated to Closing Date (§2c),except as otherwise provided: a. Taxes. Personal property taxes,if any,and general real estate taxes for the year of Closing,based on 0 The Taxes for the Calendar Year Immediately Preceding Closing ®The Most Recent Mill Levy and Most Recent Assessment ❑ Other SELLER WILL PAY ANY TAX CERTIFICATE COST b. Rents. Rents based on 0 Rents Actually Received 0 Accrued. Security deposits held by Seller shall be credited to Buyer.Seller shall assign all leases to Buyer and Buyer shall assume such leases, PREPARED BY AGENT:GREGORY K.CROWEIJ., BROKER CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial).6/3199.Colorado Real Estate Commission RealFA$T So re, 3,Version 614.Software Registered to:Gregory K.Crowell.Millennium Progressive Vantage,Ltd. Buyer(s) n!a c. Other Prorations. Water,sewer charges;and interest on continuing loan(s),if any,and ELECTRIC, TELEPHONE, GAS , WATER, OR UTILITY STUB CHARGES TO DAY OF CLOSING d. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final. 16. POSSESSION.Possession of the Property shall be delivered to Buyer on Possession Date and Possession lime (§ 2c), subject to the following lease(s)or tenancy(s): n/a If Seller,after Closing, fails to deliver possession as specified,Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of$ 100.00 per day from the Possession Date (§2c)until possession is delivered. 17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted,this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. 18. CONDITION OF,AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract,the Property, Inclusions or both shall be delivered in the condition existing as of the date of this contract,ordinary wear and tear excepted. a. Casualty;Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing, in an amount of not more than ten percent of the total Purchase Price,Seller shall be obligated to repair the same before the 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 terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to catty out this contract despite such damage, Buyer shall be entitled to a credit,at Closing, for all the insurance proceeds resulting from such damage to the Property and Inclusions payable to Seller but not the owners'association,if any,plus the amount of any deductible provided for in such insurance policy,such credit not to exceed the total Purchase Price. b. Damage;Inclusions;Services. Should any Inclusion(s)or service(s)(including systems and components of the Property,e.g. heating plumbing,etc.) fail or be damaged between the date of this contract and Closing or possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s)or service(s) with a unit of similar size,age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion(s), service(s)or fixture(s) is not the responsibility of the owners'association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. c. Walk-Through;Verification of Condition. Buyer,upon reasonable notice,shall have the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document,Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 20. TIME OF ESSENCE AND REMEDIES. Time is of the essence hereof.If any note or check received as Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided,there shall be the following remedies: a. If Buyer is in Default. ❑ (1) Specific Performance. Seller may elect to treat this contract as canceled,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages,or both. ® (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection c)are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract.Seller expressly waives the remedies of specific performance and additional damages. b. If Seller is in Default. Buyer may elect to treat this contract as canceled,in which rase all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages,or both. c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including attorney fees. 21. MEDIATION. If a dispute arises relating to this contract, prior to or after Closing,and is not resolved,the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed,shall terminate in the event the entire dispute is not resolved 30 calendar days from the date written notice requesting mediation is sent by one party to the other(s).This Section shall not alter any date in this contract,unless otherwise agreed. 22. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding the Earnest Money and things of value held by broker or Closing Company(unless mutual written instructions are received by the holder of the Earnest Money and things of value), broker or Closing Company shall not be required to take any action but may await any proceeding, or at broker's or Closing Company's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 23. TERMINATION. In the event this contract is terminated,all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to§§ 10c,21 and 22. 24. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.) A. Subsequent to the date of this contract, and until closing, Seller shall give Buyer and /or the Buyer's representatives, as often as may be required and with reasonable notice, full access to the Property for the purpose of making tests, engineering studies, and other desired investigations, so long as such studies do not result in a change in the character or topography of the Property. Buyer shall hold Seller PREPARED BY AGENT:GREGORY K.CROWELL, BROKER CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99.Colorado Real Estate Commission ReatFAST So Version 6.14.Software Registered to:Gregory K.Crowell.Millennium Progressive Vantage.ltd. h Sellers # `ge Buyers)� . and Broker harmless against any loss or liability to person or property resulting from such entry and conduct on the Property and shall restore the Property to its pre-test condition. B. C. Dates and Deadlines, Item 2. Loan Commitment Deadline. If the buyer does not receive loan commitment by this date they will receive their earnest money back and the contract will terminate. C. Buyer reserves the option to modify the type, rate, points, and fees, and/or amount of loan upon further consultation with Buyer's lender of choice to fit their business and development plan for the property. Such modification shall not cause alteration in any way of the funds due to the Seller, or the dates specified herein. D. Buyer acknowledges that no utility connections including water tap, sewer tap, gas or electrical connection shall be included in the purchase price for the land. The Seller acknowledges utility infrastructure has been or will be completed to L9 BLK5 2ND Filling of VISTA COMMERCIAL CENTER and can he verified upon inspection of the "As Built Plans"or by contacting contractor. Buyer shall be entitled to purchase one 5/8 inch water tap(deposit) from the Seller at closing or within 60 days after closing date. The price shall be the current price on that date., as established by Left Hand Water District. E. Buyer acknowledges that they have been given a copy of the Declaration of Covenants for Vista Commercial Center and Limited Phase One Environmental Site Assessment. F. It is hereby mutually understood and agreed that Buyer will be allowed to use the area surrounding the building for outside storage with adequate screening as described in Paragraph 10-03 of the recorded Covenants for Vista Commercial Center. The Architectural Control committee of Vista Commercial Center will review plans for such use and render a decision within seven business days of submittal by Buyer. G. Seller shall provide Seller's Property Disclosure using new form for sale of land parcels. H. Closing of this contract shall be contingent upon Architectural Control Committee consideration and approval for the use of this property as a full service automotive repair and tire sales facility by C. Dates and Deadlines, Item 2. Loan Commitment Deadline. J. A Common Interest Community Addendum shall be attached to, and become a part of, the Contract. K.Purchase of the property is subject to the permanent financing commitment by C. Dates and Deadlines, Item 2. Loan Commitment Deadline , with C. Dates and Deadlines, Item 18.Closing Date to satisfy the building lenders loan contingencies; 1.Lenders Appraisal of the entire building package to make it a user building. 2.Independent Environmental report to the satisfaction of the lender 3.Lenders Title report to the satisfaction of the lender 9. Specific building design and site plat approval by The Architectural Control Committee of Vista Commercial Center. L. upon full execution of the contract Buyer shall submit specific site development plans to the ACC within twenty days in order for the ACC of Vista Commercial Center to give consideration /approval. 25. ENTIRE AGREEMENT;SUBSEQUENT MODIFICATION;SURVIVAL This contract constitutes the entire contract between the parties relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or written, have been merged and integrated into this contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this contract which,by its terms,is intended to be performed after termination or Closing shall survive the same. 26. FACSIMILE. Signatures ® May O May Not be evidenced by facsimile.Documents with original signatures shall he provided to the other party at Closing,or earlier upon request of any party. 27. NOTICE. Except for the notice requesting mediation described in§21,any notice to Buyer shall be effective when received by Buyer or by Selling Company and any notice to Seller shall be effective when received by Seller or Listing Company. 28. NOTICE OF ACCEPTANCE;COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below,and the offering party receives notice of acceptance pursuant to§ 27 on or before Acceptance Deadline Date and Acceptance Deadline Time (§2c). If accepted,this document shall become a contract between 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 copies taken together shall be deemed to he a full and complete contract between the parties. PREPARED BY AGENT:GREGORY K.CROWELL, BROKER CBS 2-9-99.Contract to Buy and Sell Real Estate(Commercial),6/3/99.Colorado Real Estate Commission RealFA$T Software,02003,Version 6.14.Software Registered to:Gregory K Crowell,Millennium Progressive Vantage.Ltd. /�agel6 of Buyer(s) .i Seller(s)/ p�r"%/) .01 t1.ASS Investments, LLC F.O. Box 435, MEAD, CO 80542 BUYER Home t: 970-535-0405 Fax t: 9704.,52.5:n , >31-/ -yq /��O� � """� ✓J DATE �r i By: Jack L. Matthews manager IJ MASS Investments, LLC F.O. Box 435, ME/+.D, CO 8054?. Home f : 970-535-0405 t ��r BUYER /�.�.//.�(/, �V/ � Ut1' z DATE Y- -'> By: Marlette O. Matthews manager [NOTE: If this offer is being countered or rejected, do not sign this document Refer to §29] HORIZON INVESTMENTS PHASE II LLC 1835,E A OIr�MONT, CO 80501-4714 g /3/9 SELLER t'7"' / DATE By: LYLE DEHNTNG HORIZON INVESTMENTS PHASE II LLC 1835 FAITH PLACE, LONGMONT, CO 80501-4714 DATE SELLER By: N. RUSSELL STACY JR. 29. COUNTER:REJECTION.This offer is ❑Countered 0 Rejected. Initials only of party(Buyer or Seller)who countered or rejected offer END OF CONTRACT INote:Closing Instructions should be signed on or before Title Deadline. BROKER ACKNOWLEDGMENTS.The undersigned Broker(s)acknowledges receipt of the Earnest Money deposit specified in §4 and,while not a party to the contract, agrees to cooperate upon request with any mediation conducted under§21. The Listing Broker(or, in the case of a one person firm,the Listing Firm is a 0 Seller's Agent 0 Transaction- Broker in this transaction. The Selling Broker(or, in the case of a one person firm,the Selling Firm is a l"' Buyer's Agent 0 Seller's Agent 0 Transaction- Broker in this transaction. BROKERS'COMPENSATION DISCLOSURE 0 Other Selling Broker or Selling Firm's compensation or commission is to be paid by: O Buyer O Seller ® Listing Firm n/a (To be completed by Listing Firm) Listing Firm's compensation or commission is to be paid by: 0 Buyer 0 Seller 0 Other n/a Selling Broker/Firm: PREPARED BY AGENT:GREGORY K.CROWELL, BROKER CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial).6/3/99.Colorado Real Estate Commission RealFAST®Software.®2003.Version 6.14.Software Registered to:Gregory K.Crowell,Millennium Progressive Vantage,Ltd. Page 7 of Millennium Progressive Vantage, Ltd. PO BOX 609 202 Mulligan Lake Dr. Mead, CO 80542 Phone: 970-535-0925, Fax: 970-535-0926 The printed portions of this form,except (imlicized) (differentiated) additions,have been approved by the Colorado Real Estate Commission. (AE41-9-00) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. AGREEMENT TO AMEND/EXTEND CONTRACT Date: i,.,.: L., :i u!i-. RE: Contract dated ^•H'-in:=I ub, between (Buyer)and i .rt. c s-i >. , n l.Lc i . Tfli' JTI IL-SE 7 '1: IAA' (Seller), relating to the sale and purchase of the following described real estate in the County of WELL, , Colorado: ilidar: l _ }ITi -rt is :. t_ F1,1- n ' 'N:I t . itfPciu..i, rENTEP. FER:1 known as No. it Lri . 0I i,iroo— ,(Property). Street Address City State Zip Buyer and Seller hereby agree to amend the aforesaid contract as follows: § 2c- Dates and Deadlines. Item No. Reference _ Event Date or Deadline I 4_5a Loan Aonlicatica,Deadline AlluusL -1J° 7 : 5b Loan Commitment Deadline e:er,'l.1-:rm,er l' , _:uo '. 3 6 Sc Bµyefs Credit Information Deadline 4 6 5c Disapproval of Buvefs Credit Deadline 5 6 5d .xistine Loan DocumentsDeadtine "/- 6 $__SJ Objection to Existinv Loan Deadline r"^ 7 65d Nom-oval of Loan TransferDeadline lid 8 6 6e Annraisal Deadline 9 .J 7a Title Deadline -.•_:qusr -- , :-:;:;:. I() 6 7a _SurveyDeadline --."'-�u•'. ,�`�" . 11 6 7b Document Re9DesLDeadiine uo 1-_n c Ce I.no 11 6 7c *$a Governing Docjtments&Title Objection Deadline Augur: •i.n• 13 6 8b Off-Record Matters Deadline 14 6 Sb Off-Record MattersObiectinni)sadline 15 6 8e Riaht Of First Refusal Deadline_ "/d 16 s 10 Celler'sPmnertYDiccIosureDeadline ''•uuu`' :c , '°u' 17 6 1(14 Inspection Objection Deadline At"au - 1 • I I F -,q,I,- , to u.. . 19 6 II Clocinn Date D.=c.-iri-,c• , 7.,'i' 70 6 16 Possession Date 'l 6 16 Possession Time 22 6 28 Acceptance Deadline Date ' ' 9 • 28 PREPARED BY AGENT:GREGORY K.CROWELL, BROKER No.AE41-1-00 AGREEMENT TO AMEND/EXTEND CONTRACT.Colorado Real Estate Commission ReaIFA$T®Softwaire,O42003,Version 6.14.Software Registered to:Gregory K.Crowell,Millennium Progressive Vantage.Ltd. ,,Page 1 of f' 10/16/03 21:02:50 Seller(s) /".'i C-- Buyer(s) ' '''F�li-C Other dates or deadlines set forth in said contract shall be changed as follows: Additional amendments: • 3,I, "?03 w.n th and additi:na- (".,000) I'i'-- u:: i :t :, • j:0.J IS'. time nett :cc€-ptance. ;he 5., ere c.].sty may ten, , :t tsind - :,t itt •, ' , v It. ,„ t.It L ,mtrn,-s n_„ 'rr wil.I. to arm:li d to th. bentect ,I I°:. nnrr:l 1. All other terms and conditions of said contract shall remain the same. This proposal shall expire unless accepted in writing,by Buyer and Seller,as evidenced by their signatures below, and the offering party receives notice of acceptance on or before '-".t.ober _1., 200 5:00 P.hi. Date Time i'. t: L .!.:"I':. (' . :.. E i 1 r . /C.. _ SELLER S SIGNATURE ..244/t<1 �{ `U'.k DATE /7. //_/ // -: -ICJ.1 SELLER'S SIGNATURE e-<- - DATE 7 -/ •i BUYER'S SIGNATURE ; i ";/✓1� % /A - DATE (.) - I BUYER'S SIGNATURE ;/ i Xa i�� Z', 4l4 /'(AS DATE /72 76 ( i PREPARED BY AGENT:GREGORY K.CROWELL, BROKER No.AE41-1-00 AGREEMENT TO AMEND/EXTEND CONTRACT.Colorado Real Estate Commission RealFA$TO Software.02003.Version 6.14.Software Registered to:Gregory K.Crowell,Millennium Progressive Vantage.Ltd- Page 2 0 10/16/03 21:02:50 llllliclrrrr Yrrr I r%OW.•{-•JJI•a• • rave PO BOX 609 202 Mulligan Lake Dr. Mead, CO 80542 Phone: 970-535-0925, Fax: 970-535-0926 The printed portions of this fonn. except (italicized) (differentiated) additions,have been approved by the Colorado Real Estate Commission. AE41-9-00) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. AGREEMENT TO AMEND/EXTEND CONTRACT Date: December 10. 2003 RE: Contract dated August 05, 2003 between MASS Investments, LLC MASS Investments, LLC (Buyer)and HORIZON INVESTMENTS PHASE II LLC HORIZON INVESTMENTS PHASE II LLC (Seller), relating to the sale and purchase of the following described real estate in the County of WELD ,Colorado: VISTA COMMERCIAL CENTER FILING II 2VCC L9 ELKS 2ND CORR VISTA COMMERCIAL CENTER FG#2 PARCEL i1131308205009 59414 SQ FT OR 1.36 ACRES known as No. 1444 Vista View Drive Longmont 80504 ,(Property). Street Address City State Zip Buyer and Seller hereby agree to amend the aforesaid contract as follows: § 2c. Dates and Deadlines. Item No. Reference Event Date or Deadline 85a Loan Annlication Deadline August 15, 2003 2 sh Loan Commitment Deadline September 15, 2003 3 & 5c Buyer's Credit lnfgjmation Deadline n/a 4 SS Dicannmval of BuyersCredit Deadline n/a S $ 5d ExistinQLoanl)ocunrentsfeadline n/a 16 c Sd Objection to Existing Loan Deadline n/a 7 $ 5(1 ADDroyal of Loan Transfer Deadline n/a R fi 6a ,Am:wajsal pending' August 22, 2003 9 $ 7a Title Deadline ,August 20, 2003 10 7a Survey Dal line August 20, 2003 11 $ lb _Document Request Deadline up to closing 12 $ 7c $ 8a Governing DocijmentsA Title Obiectthn Deadline August 22, 2003 13 t+ Rb Off-Record Matters Deadline August 20 2003 14 $ Rb Off-Record Matters Objection Deadline n/a 15 $Re _Sight Of FimLBefusal Deadline n/a 16 $ I0 Seller's Property Disclosure Deadline August 20, 2003 17 & I0• Inccection Objection Deadline August 22, 2003 18 $ lob RescllutionDeadJne August 26, 2003 19 $ 1I ClosintDate January 30, 2004 l0 $ 16 Possession Date time of close 'I 16 Possession Time time of close 22 $ 78 AssenlanceDCadline Date December 15, 2003 21 ti 2R Acceptance Deadline Time 5:00 P.14. 7EPARED BY AGENT:GREGORY K.CROWELL, BROKER ,.AE41-1-00 AGREEMENT TO AMEND/EXTEND CONTRACT.Colorado Real Estate Commission salFAST Software.eQ003.Version 6.15.Software Registered to:Gregory K.Crowell.Millennium Progressive Vantage.Ltd. �/.2 12/10/03 17:49:39 Page l of: ner(s) i /. 7/ Seller(s) n/a n/a n/a ,/a n/a n/a n/a ,/a n/a n/a n/a )ther dates or deadlines set forth in said contract shall be changed as follows: 1/A kdditional amendments: The closing date is changed to January 30,2004 without any additional earnest money required. all other terms and conditions of said contract shall remain the same. Ibis proposal shall expire unless accepted in writing,by Buyer and Seller,as evidenced by their signatures below, and the offering party receives lotice ofacceptance on or before December 15. 2003 5:00 P.M. Date Time HORIZON INVESTMENTS PHASE SELLER'S SIGNATURE lt-C C1 d'- '`-� DATE it By: LYLE E. DEHNING HORIZON INVESTMENTS PHASE. III LLC • SEI r.RR'S SIGNATURE ! �_ -e -=/ /-/ e t<, A DATE By: N. RUSSELL STACY JR. MASS Investments, LLC BUYER'S SIGNATURE .,/e41/%7 7•"?'", / -`,� �/ / ,C.., ;�— t DATE - • c,- "— By: Jack L. Matthews 'manager MASS Investments, LLC "i BUYER'S SIGNATURE A' ! r !/ '/ r �_. ,. DATE .. _ By: Marlette O. Matthews manager .REPARED BY AGENT:GREGORY K.CROWELL, BROKER lo.AE41-1-00 AGREEMENT TO AMEND/EXTEND CONTRACT.Colorado Real Estate Commission tealFAST®Software,©2003,Version 6.15.Software Registered to:Gregory K.Crowell,Millennium Progressive Vantage.Ltd. 12/10/03 17:49:39 Page 2 of; Friday, December 19, 2403 9:24 AM Matthews,Jack&Marette 970 535 9422 p_02 Commitment Number 19532WK E9C1I3ICIYOMIE 8-2 MXCopt 1 Carla The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims: reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water; NOTE: Item no. 6 of the above will not appear on the Lender's Policy (if any) to be issued hereunder. 7. Any and all unpaid taxes, assessments and unredeemed tax sales. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 21, 1885 IN BOOK 34 AT PAGE 118. 9. RIGHT-OF-WAY EASEMENT AND AGREEMENT FOR ELECTRICAL FACILITY PURPOSES AS GRANTED TO UNION RURAL ELECTRIC ASSOCIATION, INC. BY INSTRUMENT RECORDED MAY 4, 1970 IN BOOK 625 AS RECEPTION NO. 1546573, SAID RIGHT-OF-WAY EASEMENT BEING THE NORTH EDGE OF THE PARCELS SITUATE SOUTH OF THE NEW STATE HIGHWAY NO. 119-FEDERAL AID PROJECT NO. S 0119(15) SITUATE ON THE NORTH EDGE OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 68 WEST AND ON THE SOUTH EDGE OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. ALSO THE WEST EDGE OF THE NW1/4 OF SECTION 8, TWONSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. THE EXACT LOCATION NOT SPECIFICALLY DEFINED. 10. RESERVATION AS CONTAINED IN DEED RECORDED SEPTEMBER 16, 1975 IN BOOK 748 AS RECEPTION NO. 1670064 AS FOLLOWS: GRANTORS, HOWEVER, HEREBY EXPRESSLY RESERVE TO THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AN EASEMENT FOR THE PURPOSE OF CARRYING AND DELIVERING IRRIGATION WATER OF THE OLIGARCHY DITCH COMPANY, THROUGH AND ACROSS THE PIPELINE AND DITCH PRESENTLY SITUATED ON THE ABOVE DESCRIBED PREMISES FOR THE PURPOSE OF IRRIGATING APPROXIMATELY EIGHTY ACRES OWNED BY GRANTORS SITUATED DIRECTLY EAST OF AND ADJACENT TO THE SUBJECT PREMISES PROVIDED THAT SAID PIPELINE AND DITCH SHALL HE USED BY GRANTORS AND GRANTEE ON ALTERNATE (3) DAY INTERVALS, AND PROVIDED . FURTHER, THAT THE EXPENSE OF MAINTENANCE OF SAID PIPELINE AND DITCH ON THE ABOVE DESCRIBED PREMISES SHALL BE SHARED EQUALLY BETWEEN GRANTORS AND GRANTEE. Friday, December 19, 2003 9:24 AM ^Mathews, Jack&Mariette 970 535 9422 p.03 11. OIL AND GAS LEASE FROM C.P. RICHARDSON, LEO F. KNAGO AND BETTY JO SECOR TO BUDDY BAKER, RECORDED MAY 29, 1980 IN BOOK 904 AS RECEPTION NO. 1826006; AMENDMENT RECORDED SEPTEMBER 17, 1984 IN BOOK 1043 AS RECEPTION NO. 1981953; CORRECTION OF DESCRIPTION IN LEASE RECORDED SEPTEMBER 17, 1984 IN BOOK 1043 AS RECEPTION NO. 1981954 AND RECORDED SEPTEMBER 14, 1984 IN BOOK 1043 AS RECEPTION NO. 1981769; AFFIDAVIT OF PRODUCTION RECORDED OCTOBER 3, 1985 IN BOOK 1086 AS RECEPTION NO. 2027311, AND ANY INTERESTS THEREIN, ASSIGNMENTS, OR CONVEYANCES THEREOF. 12. SUBJECT TO THE CONDITIONS AS SET FORTH ON THE RICHARDSON PUD ZONE CHANGE PLAT RECORDED JUNE 18, 1992 IN BOOK 1340 AS RECEPTION No. 2292346. 13. NOTICE OF OIL AND GAS LEASE FROM GREAT WESTERN SUGAR COMPANY TO CALVIN PETROLEUM CORPORATION, RECORDED MAY 31 1984 IN BOOK 1032 AS RECEPTION NO. 1968738, AND ANY INTERESTS THEREIN, ASSIGNMENTS OR CONVEYANCES THEREOF. SAID LEASE EXTENDED BY AFFIDAVIT OF PRODUCTION RECORDED OCTOBER 24, 1984 IN BOOK 1047 AS RECEPTION NO. 1986140; AND AFFIDAVIT RECORDED OCTOBER 3, 1985 IN BOOK 1086 AS RECEPTION NO. 2027311. 14. EACH AND EVERY RIGHT OF ACCESS TO AND FROM STATE HIGHWAY NO. 119, SAID ACCESS RIGHTS HAVING BEEN CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS BY DEED RECORDED FEBRUARY 28, 1972 IN BOOK 662 AS RECEPTION NO. 1584447. 15. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS OF THAT CERTAIN SUBDIVISION SERVICE AGREEMENT BETWEEN THE ST. VRAIN SANITATION DISTRICT AND HORIZON INVESTMENTS, L.L.C. RECORDED APRIL 14, 1997 IN BOOK 1600 AS RECEPTION NO. 2542719. 16. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS OF THAT CERTAIN SUBDIVISION MUTIPLE TAP SERVICE AGREEMENT BETWEEN LEFT HAND WATER DISTRICT AND HORIZON INVESTMENTS, LLC RECORDED APRIL 21, 1997 IN BOOK 1601 AS RECEPTION NO. 2543820. 17. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS OF THAT CERTAIN IMPROVEMENTS AGREEMENT BETWEEN THE COUNTY OF WELD AND HORIZON INVESTMENTS LLC, RECORDED MAY 27, 1997 IN BOOK 1608 AS RECEPTION NO. 2549895. 18. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS OF THAT CERTAIN ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT BETWEEN THE COUNTY OF WELD AND HORIZON INVESTMENTS, LLC RECORDED MAY 27, 1997 IN BOOK 1608 AS RECEPTION NO. 2549896. 19. COVENANTS, CONDITIONS AND RESTRICTIONS WHICH DO NOT CONTAIN FORFEITURE OR REVERTER CLAUSE, OMITTING ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, CONTAINED IN INSTRUMENT RECORDED AUGUST 7, 1997 IN BOOK 1620 AS RECEPTION NO. 2562470 AS AMENDED AND RESTATED BY INSTRUMENT RECORDED APRIL 22, 1998 AS RECEPTION NO. 2607807 AND FIRST AMENDMENT RECORDED JUNE 25, 2003 AS RECEPTION NO. 3076912. 20. ANY ASSESSMENTS OR LIENS BASED UPON ASSESSMENTS IMPOSED BY ANY RECORDED DECLARATION OF COVENANTS, CONDITIONS OR RESTRICTIONS OR IMPOSED BY LAW FOR THE BENEFIT OF A HOMEOWNERS ASSOCIATION OR A COMMON INTEREST OWNERSHIP ASSOCIATION. • 21. WATER, WATER RIGHTS, CLAIMS OF TITLE OR INTEREST IN WATER. 22. ANY EXISTING LEASES OR TENANCIES. Friday, December 19, 2003 9:24 AM Matthews,Jack&Mariette 970 535 9422 p 04 23. ALL NOTES, STATEMENTS AND EASEMENTS AS SET FORTH AND SHOWN ON TEE RECORDED PLAT OF VISTA COMMERCIAL CENTER FILING II RECORDED MAY 17, 2000 AT RECEPTION NO. 2768575. 24. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS CONTAINED IN THAT CERTAIN IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS) RECORDED MAY 17, 2000 AT RECEPTION NO. 2768876. 25. TERMS, CONDITIONS AND PROVISIONS OF DESIGN GUIDELINES RECORDED AUGUST 7, 1997 AS RECEPTION NO. 2562471. 26. INTENTIONALLY DELETED. 27. TERMS, CONDITIONS AND PROVISIONS OF TAP SERVICE AGREEMENT RECORDED OCTOBER 3, 2000 AS RECEPTION NO. 2797857. 28. TERMS, CONDITIONS AND PROVISIONS OF IMPROVEMENTS AGREEMENT RECORDED MAY 17, 2000 AS RECEPTION NO. 2768876. 29. NOTES, STATEMENTS AND EASEMENTS AS CONTAINED ON RECORDED PLAT OF SUBJECT PROPERTY. NOTE: COLORADO REVISED STATUES 10-11-123 REQUIRES THE FOLLOWING NOTICE: (a) THAT THERE IS RECORDED EVIDENCE THAT A MINERAL ESTATE HAS BEEN SEVERED, LEASED OR OTHERWISE CONVEYED FROM THE SURFACE ESTATE AND THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT A THIRD PARTY HOLDS SOME OR ALL INTEREST IN OIL, GAS, OTHER MINERALS, OR GEOTHERMAL ENERGY IN THE PROPERTY; AND (b) THAT SUCH MINERAL ESTATE MAY INCLUDE THE RIGHT TO ENTER AND USE THE PROPERTY WITHOUT THE SURFACE OWNER'S PERMISSION. 4;;;;;111111 � LEFT HAND WATER DISTRICT November 18, 2003 Jade Miller DMW Civil Engineers 1435 W. 29Ch Street Loveland, CO 80538 Re: Vista Commercial II Block 5 Lot 9 TO WHOM IT MAY CONCERN: The property located at the above legal description is within the "Service Area" of Left Hand Water District and water service is available in this commercial subdivision. When review and approval of engineering requirements and payment of all fees is complete, commercial service will be provided. There is a specific time period for completion of the tap. Failure to comply to any of the conditions within the stated time period would cause the request for water service to be void. Sincerely, Kathfyn A. Peterson General Manager P.O. Box 210 •Niwot CO. 80544.(303) 530-4200• Fax (303) 530-5252 �vA St. Vrain SANITATION DISTRICT November 19, 2003 Mr. Jay Davis DMW Civil Engineers,Inc. 1435 West 29th Street Loveland,Colorado 80538 Re: Mathews Super Shop Located in the Vista Commercial Business Park F2, L9, B5 of Weld County, CO. Dear Mr. Davis, The property described above lies within the 208 service area of the Saint Vrain Sanitation District (SVSD). Service to the property is an element of the District's long- range plans. Saint Vrain Sanitation District will provide sanitary sewer service for Mathews Super Shop, subject to the following conditions: • Development and installation of all pretreatment requirements, sand/oil interceptor, or more as discussed to meet or exceed SVSD discharge limits, • Acceptance of lot plan by SVSD, • Completion of necessary connection agreements or discharge permit, • Purchase of Tap and Receipt of applicable fees, and • Service will be subject to the Rules and Regulations of the Saint Vrain Sanitation District. If you have any additional questions or concerns regarding this letter, please contact me at anytime at(303) 776-9570. Sincerely, Saint V ain Sanitation District Robert eck District Engineer 436 Coffman Street Suite 200 P.O. Box 417 Longmont, CO 80502-0417 Phone: (303) 776-9570 Fax: (303)485-1968 Email: steve@stsan.com Hello