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Home My WebLink About20032732.tiff SITE PLAN REVIEW Aft,t4 Administrative Review COLORADO Case Number: SPR-362 Parcel Number: 1313 08 101003 Applicant: STA Laboratories, Inc. Legal Description: Lot 3, Block 1, Vista Commercial Center- 1St Filing; being part of the N2 of Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado Zoning: PUD (I-1 - Light Industrial and C-3 - Business Commercial Uses) Proposed Use: Greenhouses for the research of seeds and plants Site Plan Review Standards Meets the Intent of the Weld County Zoning Comments Ordinance&MUD Plan Site Plan Certification Included in Application YES Retention Facilities See Memorandum from D. Carroll dated May 8, 2003 NO Engineering Dept.Approval Date Offstreet Parking NO Loading Areas YES Access Approved per Memorandum from D. Carroll,Weld County YES Department of Public Works dated May 8,2003 , Setback Requirements 25 feet YES Offset Requirements 10 feet-Dumpster Enclosure needs to be set back a . NO minimum of 10-feet from the west property line. Landscaping YES Trash Collection and YES Sto rage Potable Water Left Hand Water District YES Sewage Disposal Utilizing bathroom facilities in adjacent STA Laboratories YES building (Lot 2, Block 1) Environment Standards Noise YES ' L / .f 2003-2732 • Air Quality YES Water Quality YES Radiation YES Heat YES Light YES Property Maintenance YES This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: a. The plat shall be amended to delineate the following: 1) Landscape areas shall be configured to maximize their inter-connectivity within the site, to natural areas and to landscape areas within existing or future adjacent development. Small isolated islands of landscaping except as required in parking lots and for screening along roadways shall be avoided. Open space shall be provided where significant natural features exist. (Department of Planning Services) 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. See Appendix 26-H of the Weld County Code. (Department of Planning Services) 3) Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. See Appendix 26-I of the Weld County Code. At least seventy-five percent (75%) of the length of the frontage of the parking lot must be effectively screened. (Department of Planning Services) 4) Section 26-2-70.D.2, states "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." (Department of Planning Services) SPR-362 STA Laboratories 2 5) Section 26-2-70.D.2.f states "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 Section 26-2-70 of the Weld County Code." (Department of Planning Services) 6) Section 26-2-70.B 3.c.5 states "All landscapes shall strive to maximize the use of native species. Where native material is not appropriate for the intended use or appearance, plant species that are regionally adapted and noninvasive shall be used." (Department of Planning Services) 7) Section 26-2-70.B 3.c.6 states "fescue, brome/fescue or other turf types shall be used in lieu of bluegrass where heavy foot traffic is not anticipated. Seeding versus sodding of all turf types is preferred when the growing season allows for adequate germination and establishment of the turf to sufficiently control erosion." (Department of Planning Services) 8) Section 26-2-70.C.5 states "Loading, service or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chainlink fencing with slats or pallets are not an acceptable screening material. Plant material shall be used to soften the appearance of the screen." (Department of Planning Services) 9) The number of parking spaces for this development have met requirements, however, a hammerhead shall be designated along the western edge of the parking area to accommodate ingress and egress to adjacent parking spaces. (Department of Planning Services) 10) The site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. (Department of Planning Services, Public Works) 11) Section 26-2-80.C.1 states "Consistent with the urban scale development standards in the MUD area, all parking areas for commercial and industrial development shall be paved according to geometric and road structure design standards."Employee parking shall meet the mixed use development standards on asphalt, curb, gutter and sidewalk. The plat shall be revised to reflect this. (Department of Planning Services, Department of Public Works) 12) The sight distance triangles at all points of ingress and egress shall have visual clearance of 3.5 feet above grade. (Department of Public Works, Department of Planning Services) 13) The applicant shall adhere to the lighting standards, in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning SPR-362 STA Laboratories 3 Services) r=-'14) The dumpster enclosure shall be relocated outside of the 10-foot offset adjacent to the east property line. (Department of Planning Services) 15) The roll-over curb shall be replaced with an appropriate curb cut as outlined in the referral from the Mountain View Fire District received April 23, 2003. (Mountain View Fire District) b. The applicant shall include in the Landscape Plan the following information: 1) An installation schedule which specifies when the landscaping will be installed on site. (Department of Planning Services) 2) A Plant Material List specifying the Botanical and Common names of all plant material to be installed; the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Department of Planning Services) 3) A landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on-going and shall not end upon final acceptance by the Department of Planning Services.(Department of Planning Services) 4) The size of metal edging shall be noted. Edging should be delineated between the fire access and ''A" gravel bed. (Department of Planning Services) c. The following notes shall be placed on the plat: 1) 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 or industrial zone districts until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 2) 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 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) SPR-362 STA Laboratories 4 3) The Vista Commercial Center has a master drainage plan. This site shall retain and release at the historical rate according to the Milky Way Business Park drainage plan. (Department of Public Works) 4) Upon sale or lease of the greenhouse facilities to another party, the parking lot shall be expanded to encompass the"Reserved for Future Parking"area. - (Department of Planning Services) 5) 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. (Department of Public Health & Environment) 6) 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 & Environment) 7) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health & Environment) 8) Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health & Environment) 9) 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. (Department of Public Health & Environment) 10) The facility shall connect to the existing municipal sewage treatment system when the greenhouses are removed and a commercial building is constructed or upon sale or lease of this lot. (Department of Public Health & Environment) 11) The facility shall utilize the existing public water supply (Left Hand Water District). (Department of Public Health & Environment) 12) Contact Left Hand Water District at 303-530-4200 at least 48 hours prior to the start of any water system construction. (Left Hand Water District) 13) All pesticides, fertilizer, and other 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 (VOCs). (Department of Public Health & Environment) 14) The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health & Environment) SPR-362 STA Laboratories 5 15) Adequate toilet facilities shall be provided for employees and patrons of the facility. The employees shall be allowed to use the restroom facilities at the STA Laboratories main facility located in Lot 2, Block 1. (Department of Public Health & Environment) 16) 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) 17) All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 18) Building Permits issued on the proposed lots will be required to adhere to the County Wide Road Impact Fee. (Department of Planning Services, Department of Building Inspection) 19) Exterior illumination of structures,yards and driveways shall be restricted as follows: 1) Sources of light shall be shielded so that beams of light will not shine directly onto adjacent properties. 2) 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. (Department of Planning Services) 20) Uses involving outdoor storage of vehicles and equipment or materials shall be screened from State Highway 119. 21) A building permit shall be obtained prior to the construction of any new building. (Department of Building Inspection) 22) A plan review is required for each building for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 23) 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. (Department of Building Inspection) 24) Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) SPR-362 STA Laboratories 6 25) Any proposed sign shall adhere to Section 26-2-90.d.3.f of the Weld County Code. All proposed signs shall apply for and receive a building permit. (Department of Planning Services) 26) The site shall maintain compliance with the Weld County Mixed Use Development (MUD) standards at all times. (Department of Planning Services) 27) The site shall maintain compliance with the Weld County Planned Unit Development (PUD) standards at all times. (Department of Planning Services) 2. Prior to Recording the Plat: a. 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. Evidence of Department of Planning Services approval shall be provided to the Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) b. The applicant shall submit a revised Landscape Plan to the Department of Planning Services for review and approval. Upon approval the Landscape Plan shall be placed on the plat. (Department of Planning Services) c. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking and landscaping requirements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. (Department of Planning Services) d. The applicant shall submit evidence to the Department of Planning Services that all Left Hand Water District conditions and requirements as indicated in the district's letter dated July 24, 2002 have been met and service to the lot has been obtained. (Department of Planning Services) 3. Prior to the release of building permits: a. Upon approval by the Department of Planning Services, the Site Plan Review plat shall be recorded. (Department of Planning Services) SPR-362 STA Laboratories 7 b. In conjunction with the requirements for the Final Plan - 1' Filing of the Vista Commercial Center, all street signs and lot identification shall be in place. (Department of Planning Services) c. The applicant shall address the requirements of the Weld County Department of Building Inspection as stated in their referral received September 12, 2002. (Department of Building Inspection) d. The applicant shall address the requirements of the Mountain View Fire Protection District as stated in their referral received September 9, 2002. (Mountain View Fire Protection District) e. The applicant shall meet the obligation of Countywide Road Impact Fee on building permits issued on the proposed lot. (Department of Planning Services) f. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Building Inspection letter dated September 12, 2002 have been met. (Department of Planning Services) . g. Contact Left Hand Water District at 303-530-4200 at least 48 hours prior to the start of any water system construction. (Left Hand Water District) 4. Prior to the release of the Certificate of Occupancy: a. A final inspection of the occupancy will be required by a member of the Mountain View Fire Protection District. (Mountain View Fire Protection District) Site Plan Review conditionally approved by: (At )1/L1.N Date: May 20, 2003 Chris Gathman-Planner II SPR-362 STA Laboratories 8 LChris Gathman - SPR-362 Page 1 From: Char Davis To: Gathman, Chris Date: 7/11/03 3:57PM Subject: SPR-362 Chris, Condition 2a-The Waste Handling Plan for STA Laboratories has been submitted and is approved by this department. Regards, Char Charlotte Davis, MPH Environmental Health Services Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, CO 80631 Work (970) 304-6415 ext 2208 FAX (970)304-6411 cdavis@co.weld.co.us Jul 03 03 11 : 36a LefyliandWaterDistrist 303305252 p. 1 r LEFT HAND WATER DISTRICT Fax-Memo Date: 7/3/2003 To: George Warner.Sun Construction Cc: Chris Gathman,Weld County Planning,Todd Petry, Left Hand Water District Front Terri Magnuson RE: Block 1,Lot 3 Vista Comm.Center,STA Labs New Greenhouse I have reviewed the revised plans you sent dated 6/19/03, and find them to be acceptable to the District. Please contact Todd Petry of our office at least 48 hours prior to the start of any water system construction, in order to schedule inspections. 713/2003 1 P.O. Box 210 •Niwot CO. 80544•(303) 530-4200 • Fax (303) 530-5252 MEMORANDUM sisOs ‘ic, TO: CHRIS GATHMAN, PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH v% IST '1362 STA LABORITORIES, INC. DATE: 05/08/2003 COLORADO CC. Environmental Health Services has reviewed this proposal for a greenhouse facility. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as 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. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 5. 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. 6. The facility shall utilize the existing municipal sewage treatment system when the greenhouses are removed and a commercial building is constructed. 7. The facility shall utilize the existing public water supply when the greenhouses are removed and a commercial building is constructed. 8. All pesticides, fertilizer, and other 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). 9. The applicant shall operate in accordance with the approved "waste handling plan". 10.Adequate toilet facilities shall be provided for employees and patrons of the facility. The employees shall be allowed to use the restroom facilities at the STA Laboratories main facility located in Lot 2 Block 1. 2 P E Pickett Engineering, Inc. 808 8th Street Transmittal PICKETT Greeley, Colorado 80631 ENGINEERING,INC. Date 6/24/2003 Number of pages including cover sheet Pickett Engineering Proj.No. 02-064 To: From: Chris Gathman Dan Hull,E.I. Weld County Planning 1555 N. 17th Avenue Greeley, CO 80631 Phone# (970)353-6100 Fax# Phone# (970)356-6362 cc: Fax# (970)356-6486 REMARKS: ❑ Urgent ® For your review ❑ Reply ASAP ❑ Please comment RE: STA Laboratories, Site Plan Review#362 Chris, Attached are the waste handling plan per section 2a; the landscape schedule per section lb; and the improvements agreement per section 2c of the review comments. To my knowledge, these items should conclude the requirements for approval of the recordation of the site plan plat and landscape plan. If you have any questions, please contact either George Warner, Project Manager, at(303) 444-4780, or me at (970) 356-6362. Thank you for your time in this matter. Dan Hull Project Engineer STA LABORATORIES, INC. Customer Service 1-800-426-9124 Chris Gathman, Planner II Weld County Department of Planning Services Greeley, Colorado RE: Case # SPR-362 STA Laboratories Greenhouses, Vista View Commercial Center June 18, 2003 Dear Mr. Gathman, In accordance to the requests of the Site Plan Review, Section 1 b and the Weld County Department of Planning Services, our plan to landscape the site is as follows: b.1). All landscape planting, rock, sprinkler system and native grasses will be completed by the spring of 2004. Most planting of trees and shrubs is scheduled for the Fall of 2003, as is sprinkler installation. Landscaping was planned and budgeted for over this timeframe due persistent drought conditions during the early phases of the project planning. All landscaping will follow standard planting procedures and coordinated by STA Laboratories landscape specialist on staff. 2) See new landscaping plan 3) Landscaping maintenance is contracted to Zitro Landscaping, 1405 Monarch Dr., Longmont CO 80501 and includes mowing, weed control, tree and shrub maintenance. In the winter, maintenance includes snow removal from walks and paved lots. 4) See new landscaping plan. Please contact me at the address or phone number below for more information. erely, (Di h Darrell A. Maddox President 1821 Vista View Drive • Longmont, CO 80504 5653 Monterey Frontage Road • Gilroy, CA 95020 Office 303-651-6417 • Fax 303-772-4003 Office 408-846-9964 • Fax 408.846-9954 E-mail info@stalabs.com E-mail stacal@gilroy.com gra" STA LA ' ORATORIES, INC. Customer Service 1-800-426-9124 Chris Gathman, Planner II Weld County Department of Planning Services Greeley, Colorado RE: Case # SPR-362 STA Laboratories Greenhouses, Vista View Commercial Center June 18, 2003 Dear Mr. Gathman, In accordance to the requests of the Site Plan Review, Section 2a and the Weld County Department of Public Health and Environment, the following is a review of the waste handling plans for the above project. 1. No chemical wastes will be generated. Only expected wastes are soil and plastic planting flats. This will be disposed by contractual agreement with Western Disposal Systems. The waste is suitable for land-fill disposal. 2. The following are expected to be stored on sight. a. PHYSAN disinfectant; 5 gallon poly container, maximum volume. b. Sodium Hypochlorite (bleach), 1 gallon plastic bottle, maximum volume c. Ethyl alcohol, 500ml poly bottle for storage, spray bottle useage. d. BacdownTM hand sanitizer, 1 gallon plastic bottle. 3. These chemicals do not require special waste handling facilities. Western Disposal Systems, 5880 Buttemill Rd, Boulder, CO 80301 has been contracted to remove soil and planting flats from the site. Please contact me at the above address or phone number for more information. ely, Darrell A. Maddox President 1821 Vista View Drive • Longmont, CO 80504 5653 Monterey Frontage Road • Gilroy, CA 95020 Office 303-651-6417 • Fax 303-772-4003 Office 408-846-9964 • Fax 408-846-9954 E-mail info@stalabs.com E-mail stacal@gilrov.com REFERRAL LIST ^' NAME: STA Laboratories, Inc. CASE NUMBER: SPR-362 REFERRALS SENT:April 8, 2003 REFERRALS TO BE RECEIVED BY: April 30,2003 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 X Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover 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 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 Left Hand Water West Adams Weld County Referral WI I D C• April 8, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant STA Laboratories, Inc. Case Number SPR-362 Please Reply By April 30, 2003 Planner Chris Gathman Project Site Plan Review for greenhouse facilities for the research of seeds and plants Legal Lot 3, Block 1 -Vista Commercial Center- 1st Filing; part N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 100 feet south of State Hwy 119; approximately 2,150 feet east of CR 3.5. For a more precise location, see legal. Parcel Number 1313 08 101003 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. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Agency Date 4-Weld County Planning Dept. •'x1555 N. 17th Ave. Greeley,CO.80631 .•(970)353-6100 ext.3540 •.(970)304-6498 fax 14C-1++''' Weld CountyCREELEY Planning Department r�T � � OFFICE APR 2 3 2003 Weld County Referral WIIDc. RECEIVED April 8, 2003 COLORAD The Weld County Department of Planning Services has received the following item for review: Applicant STA Laboratories, Inc. Case Number SPR-362 Please Reply By April 30, 2003 Planner Chris Gathman Project Site Plan Review for greenhouse facilities for the research of seeds and plants i Legal Lot 3, Block 1 -Vista Commercial Center- 1st Filing; part N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. i Location Approximately 100 feet south of State Hwy 119; approximately 2,150 feet east of CR 3.5. Fora more precise location, see legal. i Parcel Number 1313 08 101003 _ _ C 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. ❑ 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. a See attached letter. Comments: Signature C , ^,l `� JcI �_ \_ O3 Agency cC\ .Lx e y `k--t a ON's.\1-CC--t— Date :Weld County Planning Dept. •:1555 N. 17th Ave. Greeley, CO. 80631 G(970)353-6100 ext.3540 •:•(970)304-6498 fax goUNT4/N MOUNTAIN VIEW FIRE PROTECTION DISTRICT E Administrative Office: 9119 County Line Road• Longmont, CO 80501 (303) 772-0710• FAX(303)651-7702 VIEW April 21, 2003 Mr. Chris Gathman Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Mr. Gathman: I have reviewed the submitted material pertaining to the request for the construction of the STA Laboratories greenhouse facilities at 1767 Vista View Drive in Weld County (Case Number: SPR-362). The Fire District does not object to the request to build the facility provided the requirements of the Fire District can be met. Based on my review, I have the following comments regarding 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, and all other applicable codes and ordinances,as enforced by Weld County. The largest building appears to be about 3,960 square feet and not protected with an automatic fire sprinkler system. In accordance with Appendix III-A of the Uniform Fire Code, the required fire flow for the building is 1,750 gallons per minute, measured at a residual pressure of 20 pounds per square inch. The Fire District recognizes that the required fire flow is available from existing fire hydrants located on Vista View Drive. Fire apparatus access is adequate on indicated on the plans submitted. The emergency access must be provided with an appropriate curb cut where it ties into the existing paved road and into the exiting parking lot of the adjacent property. It is not appropriate for fire apparatus to travel over curbs even if they are considered "rollover" curbs. (Note: Sheet C-3.1 was not included with this plan submittal.) This emergency access road may not be obstructed with a gate or any other obstruction unless otherwise approved. The surface must be maintained in all weather conditions to support the imposed loads of fire apparatus (60,000 pounds). Building construction plans that includes building floor plans must be submitted by the applicant to the Fire District for review and approval before building permits may be issued. If the building occupant uses, stores or handles flammable or combustible liquids; or hazardous materials, information on the type and quantities of these materials will need to be submitted to the Fire District for review so further building and storage requirements may be addressed. The list should identify the names of the chemicals and the maximum quantities to be stored and the information must be submitted at the type construction plans are submitted for review. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 CMy Line Rd. 10971 WCR 13 P.O.Box 575 P.O.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 April 21, 2003 Page Two 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. 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: Sun Construction & Design Services, 1232 Boston Avenue, Longmont, CO 80501 project file 1p04.12.03 Weld County Referral VI IC. April 8, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant STA Laboratories, Inc. Case Number SPR-362 I Please Reply By April 30, 2003 Planner Chris Gathman Project Site Plan Review for greenhouse facilities for the research of seeds and plants { Legal Lot 3, Block 1 -Vista Commercial Center- 1st Filing; part N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 100 feet south of State Hwy 119; approximately 2,150 feet east of CR 3.5. For a more precise location, see legal. Parcel Number 1313 08 101003 I 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. ❑ 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 - 3<J ' 3 Agency Date +Weld County Planning Dept. •:1555 N. 17th Ave. Greeley, CO.80631 :•(970)353-6100 ext.3540 +(970)304-6498 fax Les :*.HDEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, WEBSITE: www.co.weleld.co.co.us Phone (970) 353-6100, Ext. 3540 IFax (970) 304-6498 C. COLORADO April 30, 2003 STA Laboratories, Inc. Site Plan Review for greenhouse facilities for the research of seeds and plants. SPR-362 There are no active or historical permits on record for this parcel or address. 1. A building permit shall be obtained prior to the construction of any new building. 2. A plan review is required for each building for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 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. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. The greenhouse will probably be classified as a Group U, Division 3 Agricultural Building. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 1997 Uniform 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 27 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 Chris Gathman -SPR-4.doc ^ "� Page 1 MEMORANDUM TO: Chris Gathman, Planner II DATE: 5/8/2003 FROM: Donald Carroll, Engineering Administrator SUBJECT: SPR-362, STA Laboratories, Lot 3, Block 1 Vista Commercial Center, 1st Filing The Weld County Public Works Department has reviewed this proposal; this project falls primarily under the purview of the Site Plan Review Standards/Mixed Use Development Area. COMMENTS: Access to the STA Laboratories is from Vista View Drive within the Vista Commercial Center. This road is maintained by Weld County. There is an 80-foot right-of-way in place. REQUIREMENTS: Parking Lot: The Site Plan Review is within the Vista Commercial Center, which is an industrial center and is located within the mixed use development area. Employee parking shall meet the mixed use development requirements on asphalt, curb, gutter, and sidewalk. The applicant indicated that there will be a gravel parking lot with a future expansion to the west. The applicant shows a gravel fire access road as a secondary access on the west side of the facility. Verification is required from the fire district that an additional fire access road is required. Storm Water Drainage: The applicant has provided a storm water drainage report from Pickett Engineering. There is a master drainage plan in place for Vista Commercial Center. This re port should be verified if the parking lot would change from gravel to asphalt displacing additional water to the system. Please review and resubmit. pc: SPR-362 M:\PLANNING\SPR-4.doc -JUL-10-03 THU 11 :36 AM WELD CA1NTY PUBLIC WKS7 FAX:9703046497.-N PAGE 1 c. ' 4 . MEMORANDUM ass TO: Chris Gathman, Planner II DATE: 5/8/2003 u FROM: Donald Carroll, Engineering Administrator ' COLORADO. SUBJECT: SPR-362, STA Laboratories, Lot 3, Block 1 Vista Commercial Center, 1st Filing The Weld County Public Works Department has reviewed this proposal; this project falls primarily under the purview of the Site Plan Review Standards/Mixed Use Development Area. COMMENTS: Access to the STA Laboratories is from Vista View Drive within the Vista Commercial Center. This road is maintained by Weld County. There is an 80-foot right-of-way in place. REQUIREMENTS: Parking_ Lot: The Site Plan Review is within the Vista Commercial Center, which is an industrial center and is located within the mixed use development area, Employee parking shall meet the mixed use development requirements on asphalt, curb, gutter, and sidewalk. The applicant indicated that there will be a gravel parking.lot with a future expansion to the west. The applicant shows a gravel fire access road as a secondary access on the west side of the facility. Verification is required from the fire district that an additional fire access road is required: • Storm Water:Drainage: The applicant has provided a storm water drainage report from Pickett Engineering. There is a master drainage plan in place for Vista Commercial Center. This report should be verified if the parking lot would change from gravel to asphalt displacing additional water to the system. Please review and resubmit. pc: SPR-362 N:4 LANNR4G\SPR-4.doc • /-'L / t5 04/21/03 MON 12:46 FAX 303530''2 Left Hand Water Distct Z001Ievv7 _� (4(ftv--; ` oiLu Inge Weld County Referral April 8, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant STA Laboratories, Inc. Case Number SPR-362 Please Reply By April 30, 2003 Planner Chris Gathman Project Site Plan Review for greenhouse facilities for the research of seeds and plants Legal Lot 3. Block 1 -Vista Commorciai [ enter- 1st Filing part N2 Section 8, T2N R68W of the'6th P.M., Weld County, Colorado. Location Approximately 100 feet south of State Hwy 119; approximately 2,150 feet east of CR 3.5. For a more precise location, see legal. Parcel Number 1313 08 101003 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. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ID See attached letter Comments: • • Signature 1 ef— R t - U > Agency LQ T I4w,.r1 ,Dc-r Date 'Weld County Planning Dept 41555 N. 11th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)3046498 fax 04/21/03 MON 12:47 FAX 303530"`2 Left Hand Water Distr.4gt f�002 LEFT HAND WATER DISTRICT TO: Chris Gathman,Weld County Planning FROM: Terri Magnuson,District Engineer DATE: 4/17/03 RE:Block 1,Lot3 Vista Commercial Center l"Filing—STA Labs expansion The following changes should be made to the water system components of the site plan, and two revised copies should be submitted to Left Hand Water District for review and approval: 1. The 5/8"meter should be located in the building,not in a meter pit. 2. The line from the end of the existing 4" stub to the building should be%"K copper;not 5/8"as shown. Meter size remains at 5/8" 3. Add note 5 to Water Service Notes: "Contact Left Hand Water District at 303- 530-4200 at least 48 hours prior to the start of any water system construction P.O. Box 210 •Niwot CO. 80544•.(303)530-4200• Fax(303)'530-5252 APR.16.2003 1:30PM i N0.015 P.2 aL..—./ .. fit Is i(i'arii Weld County Referral WIER O • April 8, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review; Applicant STA Laboratories, Inc. Case Number SPR.-362 Please Reply By. April$0 203 Planner _. Ohtle G'ithman._ Project Site Plan Review for greenhouse facilities for the research of seeds and plants Legal -Ldt 3iBigck 1 -Viafd Cormemial climes.,. 1st Filing; part N2 Section 8, T2N, R68W of the 6th P,M., Weld County, Colorado. Location Approximately 100 feet south of State Hwy 119; approximately 2,150 feet east of CR 3,5, For a more precise location, see legal. Parcel Number 1313 08 101003 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, ❑ 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 I JLlL9 Agency 1 kJ 0- db lwt_ to -- Date I oWela County Planning Dept 01555 N. 17th Ave. Greeley,CO,80631 3(970)353.5100 043540 0(970)304-s498 fax C - Kit ' Weld County Referral �• April 8, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant STA Laboratories, Inc. Case Number SPR-362 Please Reply By April 30, 2003 Planner Chris Gathman Project Site Plan Review for greenhouse facilities for the research of seeds and plants I Legal Lot 3, Block 1 -Vista Commercial Center- 1st Filing; part N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 100 feet south of State Hwy 119; approximately 2,150 feet east of CR 3.5. For a more precise location, see legal. Parcel Number 1313 08 101003 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. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 10[ We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: \.r1 Tc C\P aACLU G`b C`�1 \ (?& Ci P it t1t C(SM( t3-'RP rl (\C) t6c&ono CY',w-1. Signature in Agency 2c,111\ t ,p Date 1 +•Weld County Planning Dept. 4.1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 •-(970)304-6498 fax i;THIN,, (it DEPARTMENT OF PLANNING SERVICES ' PHONE (970) 353-6100, EXT 3540 FAX (970) 304-6498 1555 N. 17TH AVENUE C. GREELEY, COLORADO 8 631 COLORADO April 8, 2003 Sun Const. & Design Services, Inc. 1232 Boston Avenue Longmont, CO 80501 Subject: SPR-362 -Site Plan Review for greenhouse facilities for the research of seeds and plants located on a parcel of land described as Lot 3, Block 1 -Vista Commercial Center- 1st Filing; part N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. Our Department will be processing the Site Plan within 45 to 60 days upon receipt of the application. You will be notified by this office at the end of the review period regarding the site plan. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Longmont Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Longmont Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Longmont at(303)651-8330, Frederick at((303)833-2388 and Firestone at(303)833-3291,for further details regarding the date, time, and place of the meeting. If you have any questions concerning this matter, please feel free to call or visit our office. Sincerely, [A , Chris Gathman Planner Sun Construction & Design Services, Inc. General Contractors March 31, 2003 Department of Planning Weld County Colorado 4209 W.C.R 24-1/2 Longmont, CO. 80504 Re: Application Requirements for Site Plan Review Project STA laboratories Inc. Lot 3 Block 1, First Filing Vista Commercial Center Longmont, Colorado APPLICATION REQUIREMENTS (Incorporated from the Weld County Application for Site Plan Review form) 1. Included Item # 1 (From Weld County Application for Site Review) 2. Included Item # 2 3. Included Item # 3 (STA Laboratories does not yet own the property. Purchase of the property is contingent upon site plan approval by Weld County. A copy of the purchase escrow agreement is included in lieu of a deed). 4. Not Applicable 5. Not Applicable 6. The project is an expansion of the STA Laboratories Inc. existing facility on the lot immediately adjacent to their existing facility. The purpose of this expansion is to provide additional greenhouse space for the propagation and research of seeds and plants. The number of employees planned for this new facility is minimal in that all employees using these new greenhouses have permanent facilities in the main STA Laboratories building and will be using the new greenhouses only occasionally. 7. Included Item # 7 8. Included Item # 8 9. Included Item # 9 10. Estimated number of employees using the new greenhouses at any one time is 5. 11. This project exceeds all setback and offset requirements for this zone. 12. Included Item# 12 13. No signage or other identification is contemplated at this time. Building address numbers will be per code and installed on a wall facing Valley View Drive. 14. Included Item # 14 24" x 36" Drawing titled "Landscape Plan" 15. Included Item # 15 16. We believe the off-street parking as shown meets the requirements of Section 4.1. 1232 Boston Avenue • Longmont, CO 80501 • (303) 772-6776 • (303) 444-4780 • Fax: (303) 444-6774 17. 18, 19, A 12' wide x 35' long temporary loading and unloading space has been provided in the parking area in front of the trash enclosure. 20. The access to and from Vista View Drive is anticipated to be very light. The project will have safe access to an approved public street (Vista View Drive). 21. Any new access to public rights-of-way (Vista View Drive) shall be designed and constructed per the minimum standards required by the Weld County Public Works Department. 22. No acceleration or deceleration lanes are required or will be incorporated into this project. 23. Trash collection areas are shown on the site plan and shall comply with the requirements of the zone district. 24. The STA Laboratories project is designed and will maintained to conform with Weld County Environmental Standards including noise, air quality, water quality, radiation/ radioactive materials, heat, glare, and property maintenance. Please direct all questions or correspondence to George Warner, Sun Construction & Design Services Inc. 1232 Boston Avenue Longmont, CO. 80501, 303-444-4780 Ext. 106. eorge E arner, roject Manager \C\�� C �45 SITE PLAN REVIEW APPLICATION Application Fee $400.00 Receipt Number Case Number Recording Fee Receipt Number Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature). LEGAL DESCRIPTION OF PROPERTY: T,nt 3 B1nrk 1 Vista Cnmmarrial renter (Attach separate sheet if necessary) PARCEL NUMBER: 1 3 1 3 0 8 1 0 1 0 0 3 (12 digit number found on Tax I.D. Number or obtained in the Assessor's Office. PROPERTY ADDRESS(if available) 1767 Vista View Drive PRESENT ZONE I-1 C-3 OVERLAY ZONES TOTAL ACREAGE 1 75 PROPOSED USE Light Commercial PROPERTY OWNER: Name: STA laboratories Inc Address: 1271 Vi ata Vi Pw Dri VP City Longmont Zip 80504 Home Telephone 303-651-1585 Business Telephone 303-651-6417 APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Sun Construction & Design Services, Inc. Address: 1232 Boston Ave City Longmont Zip 80501 Home Telephone '1D4-425-0746 Business Telephone 303-444-4780 I hereby depose and state under the penalties of perjury that all statements,proposals and/or plans submitted with or contained within the application are true and correct t the best of my knowledge. gnat re: ner Authorized Agent FOR COMMERCIAL SITES, PLEASE FILL OUT THE FOLLOWING INFORMATION 9 l'� BUSINESS EMERGENCY INFORMATION: Business Name: STA Laboratories Inc, Phone: 303-651-6417 Address: 1821 Vista View Drive Longmont, ('0 R0.5(]4 Business Owner: Darrell Maddox Phone: 303-651-6417 Home Address: 9478 Schlagel Street City: Longmont, Co 80503 List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Darrell Maddox President Same 303-651-1585 Ana Jacques B. Ad. 1530 Ervine Avenue, Longmont 303-678-8077 Mark Wong Chairman 1001 Mapleton Ave. , Boulder 303-402-2810 Business Hours: 8:00 — 5:00 Days: M, T, W, Th, F Type of Alarm: None :Burgl1c kboidupx Rim( Went Xftaclibtet Name and address of alarm company: Location of Safe: None MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 4 Location(s): South end of Greenhouses 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: Head House Gas shut off: Head House Exterior water shutoff: Head House Interior water shutoff: Head House 10 The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS 2-9-99) 1 2 TAX 3 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND 4 OR OTHER COUNSEL BEFORE SIGNING. 5 6 CONTRACT TO BUY AND SELL REAL ESTATE 7 (COMMERCIAL-NEW LOAN) 8 Date: January 14. 2003 9 10 1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the terms and 11 conditions set forth in this contract. 12 2. DEFINED TERMS. , will take title to the real 13 a. Buyer. Buyer, ee&T in e 1 t _ 14 property described below as U Joint Tenants Tenants in Common X Other by entirety 15 b. Property. The Property is the following legally described real estate: 16 Lot 3, Block 1, Vista Commercial Center 17 18 in the County of _ D ,Colorado, 19 commonly known as No. 1767 Vista View Drive. Lon gr r nt, Colorado 80504 20 Street Address City State Zip 21 together with the interests, easements, rights,benefits, improvements and attached fixtures appurtenant thereto,all interest of Seller in 22 vacated streets and alleys adjacent thereto,except as herein excluded. 23 c. Dates and Deadlines. 24 Date or Deadline Item No. Reference Event 1 §5a Loan Application Deadline January 21, 2003 2 §5b Loan Commitment Deadline February 5, 2003 3 §5c Buyer's Credit Information Deadline N/A 4 §5c Disapproval of Buyer's Credit Deadline N/A 5 §5d Existing Loan Documents Deadline N/A 6 §5d Objection to Existing Loan Deadline N/A 7 §5d Approval of Loan Transfer Deadline N/A 8 §6a Appraisal Deadline March 10, 2003 g §7a Title Deadline January 28, 2003 10 §7a Survey Deadline March 7, 2003 11 §7b Document Request Deadline January 28, 2003 12 §8a Title Objection Deadline January 30.2003 13 §8b Off-Record Matters Deadline January 28, 2003 14 §8b Off-Record Matters Objection Deadline January 30, 2003 15 § 10 Seller's Property Disclosure Deadline Not provided 16 § 10a Inspection Objection Deadline March 7, 2003 17 §10b Resolution Deadline March 10, 2003 18 § 11 Closing Date March 21, 2003 19 § 16 Possession Date immediately upon closing 20 §16 Possession Time Immediately upon closing 21 §28 Acceptance Deadline Date January 17, 2003 22 §28 Acceptance Deadline Time 4:00 PM 25 26 d. Attachments. The following exhibits, attachments and addenda are a part of this contract: 27 Common Intemst Comm_unityAdden_dum____ _ - 28 29 e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation"N/A" 30 means not applicable. 31 3. INCLUSIONS AND EXCLUSIONS. 32 a. The Purchase Price includes the following items(Inclusions): 33 (1) Fixtures. If attached to the Property on the date of this contract, lighting, heating, plumbing, ventilating, and air 34 conditioning fixtures, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, 35 sprinkler systems and controls, and NQNe_ 36 37 38 (2) Other Inclusions. If on the Property whether attached or not on the date of this contract: storm windows, storm 39 doors,window and porch shades,awnings,ed: D SmokelFire Detectors,s U screens, Security Systems;and NONE OTHER drapery rods,storage sheds,and all keys. 40 Check box if included: 41 42 43 (3) Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows:NONE 44 45 b. Instruments of Transfer. The Inclusions are to be conveyed at Closing free and clear of all taxes, liens and 46 encumbrances,except as provided in§12.Conveyance shall be by bill of sale or other applicable legal instrument(s). 47 c. Exclusions. The following attached fixtures are excluded from this sale: Now 48 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as 49 follows: Amount Amount Item No. Reference: Item _ _ 1 §4 Purchase Price $ 258,700.00 2 §4a Earnest Money $ 5,000.00 3 §4b New Loan 206,960.00 4 §4c Assumption Balance NONE 5 §4d Seller or Private Financing '' NONE 6 §4e Cash at Closing 46,740.00 7 TOTAL $ 4/ (,C C —258,700A0 $ 258;700:00 e CBS 2-9-99 Contract to Buy and Sell Real Estate(Commercial-New Loan) Page 1 of 5 I iI") Buyer Initials Seller Initials IJ __ This form produced by: FoI771ulatorror window' 800-336-1027 7, 50 a. Earnest Money. The Earnest Money set forth in this Section, in the form of check , is part payment of 51 the Purchase Price and shall be payable to and held by Dyer Realty,Inc. , in its trust account, on behalf of both Seller and 52 Buyer.The parties authorize delivery of the Earnest Money deposit to the Closing Company,if any,at or before Closing. 53 b. New Loan. Buyer shall obtain a new loan set forth In this Section and as follows: 54 X Conventional «her_ 55 This loan will be secured by a_ First (1st, 2nd,etc.)deed of trust. 56 The total loan amount, not in excess of$ 206 900.QQ_ , shall be amortized over a period of 30 years at 57 approximately$ 1.376.91._ per month including principal and interest not to exceed 7 % per annum, plus, if 58 required by Buyers lender, a monthly deposit of 1/12 of the estimated annual real estate taxes and property insurance premium. If the 59 loan is an adjustable interest rate or graduated payment loan,the monthly payments and interest rate initially shall not exceed the figures 60 set forth above. 61 Loan discount points, if any, shall be paid to lender at Closing and shall not exceed one %of the total loan amount. 62 Notwithstanding the loan's interest rate,the first Q.__loan discount points shall be paid by Buyer , and the balance, if any, 63 shall be paid by Buyer 64 Buyer shall timely pay Buyers loan costs and a loan origination fee not to exceed one _%of the loan amount. 65 c. Assumption. (Omitted as inapplicable) 66 67 68 69 70 71 72 73 74 75 76 77 78 d. Seller or Private Financing. (Omitted as inapplicable) 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing, plus Buyer's closing costs, shall 96 be in funds which comply with all applicable Colorado laws,which include cash, electronic transfer funds, certified check,savings and 97 loan tellers check and cashier's check(Good Funds). 98 5. FINANCING CONDITIONS AND OBLIGATIONS. 99 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 100 is not to be released at Closing, Buyer, if required by such lender,shall make written application by Loan Application Deadline(§2c). 101 Buyer shall cooperate with Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all 102 documents and furnish all information and documents required by lender,and,subject to§4, timely pay the costs of obtaining such loan 103 or lender consent. Buyer agrees to satisfy the reasonable requirements of lender, and shall not withdraw the loan or assumption 104 application, nor intentionally cause any change in circumstances which would prejudice lender's approval of the loan application or 105 funding of the loan. 106 b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan as specified In §4b, 107 this contract is conditional upon Buyer obtaining a written loan commitment including, if required by lender, (1)lender verification of 108 employment, (2)lender approval of Buyer's credit-worthiness, (3)lender verification that Buyer has sufficient funds to close, and (4) 109 specification of any remaining requirements for funding said loan.This condition shall be deemed waived unless Seller receives from 110 Buyer, no later than Loan Commitment Deadline (§ 2c), written notice of Buyers inability to obtain such loan commitment. If Buyer 111 so notifies Seller, this contract shall terminate. IF BUYER WAIVES THIS CONDITION BUT DOES NOT CLOSE, BUYER 112 SHALL BE IN DEFAULT. 113 c. Credit Information. (Omitted as inapplicable) 114 115 116 117 118 119 120 121 122 d. Existing Loan Review. (Omitted as inapplicable) 123 124 125 126 127 128 129 130 6. APPRAISAL PROVISIONS. 131 a. Appraisal Condition. This subsection a. 1F6 Shall ❑ Shall Not apply. 132 Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valuation 133 determined by an appraiser engaged by Buyer .The contract shall terminate by Buyer giving Seller written notice 134 of termination and either a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the 135 Purchase Price, received on or before the Appraisal Deadline(§2c). If Seller does not receive such written notice of termination on or 136 before the Appraisal Deadline(§2c), Buyer waives any right to terminate under this subsection. 137 b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid 138 by X Buyer U Seller. CBS 2-9-99 Contract to Buy and Sell Real Estate(Commercial-New Loan) Page 2 of 5 This form produced by: Formulator Arr.e, ...• 800-396-1027 Buyer Initials ever Initials '`_ 139 7. EVIDENCE OF TITLE. 140 a. Evidence of Title;Survey. or before Title Deadline (§2c), Seller sha fuse to be furnished to Buyer, at 141 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 142 checked, ❑ An Abstract of title certified to a current date. If a title insurance commitment is furnished, it ❑ Shall X Shall Not 143 commit to delete or insure over the standard exceptions which relate to: 144 (1) parties in possession, 145 (2) unrecorded easements, 146 (3) survey matters, 147 (4) any unrecorded mechanics'liens, 148 (5) gap period(effective date of commitment to date deed is recorded), and 149 (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing. 150 Any additional premium expense to obtain this additional coverage shall be paid by 181 Buyer 0 Seller.An amount not to 151 exceed $ 150.00 for the cost of any improvement location certificate or survey shall be paid by X Buyer O Seller. If 152 the cost exceeds this amount, Buyer - -shall pay the excess on or before Closing.The improvement location certificate or 153 survey shall be received by Buyer onorbefore Survey Deadline(§ 2c). Seller shall cause the title insurance policy to be delivered to 154 Buyer as soon as practicable at or after Closing. 155 b. Copies of Exceptions.On or before Title Deadline(§2c), Seller,at Sellers expense, shall furnish to Buyer,(1)a copy 156 of any plats,declarations, covenants, conditions and restrictions burdening the Property, and(2)if a title insurance commitment is 157 required to be furnished, and if this box is checked X Copies of any Other Documents (or, if illegible,summaries of such documents) 158 listed in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these 159 documents pursuant to this subsection if requested by Buyer any time on or before the Document Request Deadline (§ 2c). This 160 requirement shall pertain only to documents as shown of record in the office of the clerk and recorder(s). The abstract or title insurance 161 commitment, together with any copies or summaries of such documents furnished pursuant to this Section, constitute the title 162 documents(Title Documents). 163 8. TITLE. 164 a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of 165 unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of 166 Buyer and given to Seller on or before Title Objection Deadline(§2c), or within five(5)calendar days after receipt by Buyer of any 167 TitleDocument(s)or endorsement(s) adding new Exception(s)to the title commitment together with a copy of the Title Document 168 adding new Exceptions)to title. If Seller does not receive Buyers notice by the date(s)specified above, Buyer accepts the condition of 169 title as disclosed by the Title Documents as satisfactory. 170 b. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters 171 Deadline(§2c)true copies of all lease(s)and survey(s)in Sellers possession pertaining to the Property and shall disclose to Buyer all 172 easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right 173 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 174 unrecorded easement, unrecorded lease, or boundary line discrepancy).Written notice of any unsatisfactory condition(s)disclosed by 175 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 176 Objection Deadline (§2c). If Seller does not receive Buyers notice by said date, Buyer accepts title subject to such rights,if any,of 177 third parties of which Buyer has actual knowledge. 178 c. Special Taxing Districts.SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT 179 IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS.PROPERTY OWNERS IN 180 SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH 181 DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH 182 AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION 183 INDEBTEDNESS OF SUCH DISTRICTS,EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL FOR 184 AN INCREASE IN SUCH MILL LEVIES. 185 In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if 186 written notice is received by Seller on or before Off-Record Matters Objection Deadline (§2c), this contract shall then terminate. 187 If Seller does not receive Buyer's notice by such date, Buyer accepts the effect of the Property's inclusion in such special taxing 188 district(s)and waives the right to so terminate. 189 d. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)or 190 commitment terms as provided in§8 a orb above,Seller shall use reasonable effort to correct said items and bear any nominal expense 191 to correct the same prior to Closing. If such unsatisfactory title condition(s)are not corrected on or before Closing,this contract shall 192 then terminate;provided,however,Buyer may,by written notice received by Seller,on or before Closing,waive objection to such items. 193 e. Title Advisory.The Title Documents affect the title, ownership and use of the Property and should be reviewed 194 carefully.Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, 195 including without limitation boundary lines and encroachments,area,zoning,unrecorded easements and claims of easements,leases and 196 other unrecorded agreements,and various laws and governmental regulations concerning land use,development and environmental 197 matters. THE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND 198 TRANSFER OF THE SURFACE ESTATE DOES NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL RIGHTS. 199 THIRD PARTIES MAY HOLD INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON 200 OR UNDER THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE PROPERTY. 201 Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such 202 matters as there are strict time limits provided in this contract (e.g., Title Objection Deadline [5 2c] and Off-Record Matters 203 Objection Deadline[§2c]). 204 9. LEAD-BASED PAINT. Unless exempt, If the improvements on the Property include one or more residential dwelling(s)for which 205 a building permit was issued prior to January 1, 1978, this contract shall be void unless a completed Lead-Based Paint Disclosure 206 (Sales)form is signed by Seller and the required real estate licensee(s),which must occur prior to the parties signing this contract. 207 10. PROPERTY DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline (§2c), Seller 208 agrees to provide Buyer with a written disclosure of adverse matters regarding the property completed by Seller to the best of Sellers 209 current actual knowledge. 210 a. Inspection Oblection Deadline.Buyer shall have the right to have inspection(s)of the physical condition of the 211 Property and Inclusions, at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's 212 subjective discretion, Buyer shall,on or before Inspection Objection Deadline(§2c): 213 (1) notify Seller in writing that this contract is terminated,or 214 (2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to 215 correct(Notice to Correct). 216 If written notice is not received by Seller on or before Inspection Objection Deadline (§2c), the physical condition of the 217 Property and Inclusions shall be deemed to be satisfactory to Buyer. 218 b. Resolution Deadline.If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing 219 to a settlement thereof on or before Resolution Deadline (§ 2c), this contract shall terminate one calendar day following the 220 Resolution Deadline(§2c), unless before such termination Seller receives Buyers written withdrawal of the Notice to Correct. 221 c. Damage;Liens; Indemnity. Buyer is responsible for payment for all inspections, surveys, engineering reports or 222 for any other work performed at Buyers request and shall pay for any damage which occurs to the Property and Inclusions as a result of 223 such activities. Buyer shall not permit claims or liens of any kind against the Property for inspections,surveys,engineering reports and 224 for any other work performed on the Property at Buyers request. Buyer agrees to indemnify,protect and hold Seller harmless from and 225 against any liability,damage, cost or expense incurred by Seller in connection with any such inspection, claim,or lien.This indemnity 226 includes Seller's right to recover alt costs and expenses incurred by Seller to enforce this subsection,including Seller's reasonable 227 attorney fees.The provisions of this subsection shall survive the termination of this contract. CBS 2-9-99 Contract to Buy and Sell Real Estate(Commercial-New Loan) r Page 3 of 5 1 This fain produced by: IF'Orintriatorfrxwaw• 800336-1027 Buyer Initials�� Seller Initials ��L-' 228 11. CLOSING. Delivery of deed(s) from Seller to Buyer shall be at Closing(Closing).Closing shall be on the date specified as 229 the Closing Date(§2c) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by 230 as mutually ag[esslb.y.$uyer and Seller • 231 12. TRANSFER OF TITLE.Subject to tender or payment at Closing as required herein and compliance by Buyer with the other 232 terms and provisions hereof, Seller shall execute and deliver a good and sufficient General Warranty deed to Buyer,at Closing, 233 conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein,title shall 234 be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer's 235 signature hereon,whether assessed or not.Title shall be conveyed subject to: 236 a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents 237 accepted by Buyer in accordance with§8a[Title Review], 238 b. distribution utility easements, 239 c. those specifically described rights of third parties not shown by the public records of which Buyer has actual 240 knowledge and which were accepted by Buyer in accordance with§8b[Matters Not Shown by the Public Records],and 241 d. inclusion of the Property within any special taxing district,and 242 a. the benefits and burdens of any declaration and party wall agreements,if any, and 243 f. other NONE 244 13. PAYMENT OF ENCUMBRANCES.Any encumbrance required to be paid shall be paid at or before Closing from the 245 proceeds of this transaction or from any other source. 246 14. CLOSING COSTS; DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective Closing 247 costs and all other items required to be paid at Closing,except as otherwise provided herein. Buyer and Seller shall sign and 248 complete all customary or reasonably required documents at or before Closing. Fees for real estate Closing services shall be 249 paid at Closing by X One-Half by Buyer and One-Half by Seller O Buyer ❑ Seller O Other 250 251 The local transfer tax of NIA %of the Purchase Price shall be paid at Closing by D Buyer 0 Seller.Any sales and 252 use tax that may accrue because of this transaction shall be paid when due by O Buyer O Seller. 253 16. PRORATIONS. The following shall be prorated to Closing Date(§2c),except as otherwise provided: 254 a. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on 255 0 The Taxes for the Calendar Year immediately Preceding Closing 90The Most Recent Mill Levy and Most Recent Assessment 256 DOther _ - 257 b. Rents. Rents based on LI Rents Actually Received Li Accrued. Security deposits held by Seller shall be 258 credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases. 259 260 c. Other Prorations. Water,sewer charges;and interest on continuing loan(s), if any;and 261 Homeowner's Association assessment • 262 d. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final. 263 16. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date and Possession Time(§2c), 264 subject to the following lease(s)or tenancy(s):NONE 265 266 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable 267 to Buyer for payment of$_ 50.00 per day from the Possession Date(§2c)until possession is delivered. 268 17. NOT ASSIGNABLE:This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so 269 restricted,this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of 270 the parties. 271 18. CONDITION OF,AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract, 272 the Property, Inclusions or both shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear 273 excepted. 274 a. Casualty: Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to 275 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 276 Closing Date(§2c). In the event such damage Is not repaired within said time or if the damages exceed such sum,this contract may 277 be terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract 278 despite such damage, Buyer shall be entitled to a credit, at Closing,for all the insurance proceeds resulting from such damage to the 279 Property and Inclusions payable to Seller but not the owners' association, if any, plus the amount of any deductible provided for in 280 such insurance policy,such credit not to exceed the total Purchase Price. 281 b. Damage; Inclusions;Services. Should any Inclusion(s)or service(s)(including systems and components of the 282 Property,e.g. heating,plumbing, etc.)fail or be damaged between the date of this contract and Closing or possession,whichever shall 283 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 284 quality, or an equivalent credit,but only to the extent that the maintenance or replacement of such Inclusion(s),service(s)or fixture(s) 285 is not the responsibility of the owners'association, if any, less any insurance proceeds received by Buyer covering such repair or 286 replacement. 287 c. Walk-Through; Verification of Condition.Buyer, upon reasonable notice, shall have the right to walk through 288 the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract. 289 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that 290 the Selling Company or the Listing Company has advised that this document has important legal consequences and has 291 recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 292 20. TIME OF ESSENCE AND REMEDIES.Time is of the essence hereof. If any note or check received as Earnest Money 293 hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not 294 performed or waived as herein provided,there shall be the following remedies: 295 a. If Buyer is in Default: 296 Li (1) Specific Performance. Seller may elect to treat this contract as canceled,in which case all payments and 297 things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may 298 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 299 performance or damages,or both. 300 O (2) Liquidated Damages.All payments and things of value received hereunder shall be forfeited by Buyer 301 and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such 302 payments and things of value are LIQUIDATED DAMAGES and (except as provided In subsection c)are SELLER'S SOLE AND 303 ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific 304 performance and additional damages. 305 b. If Seiler is in Default: Buyer may elect to treat this contract as canceled,in which case all payments and things of 306 value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this 307 contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. 308 c. Costs and Expenses.In the event of any arbitration or litigation relating to this contract,the arbitrator or court 309 shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 310 21. MEDIATION.If a dispute arises relating to this contract, prior to or after Closing, and is not resolved, the parties shall first 311 proceed in good faith to submit the matter to mediation.Mediation is a process in which the parties meet with an impartial person who 312 helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must 313 agree before any settlement is binding.The parties will jointly appoint an acceptable mediator and will share equally in the cost of such 314 mediation.The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved 30 calendar days 315 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 316 contract, unless otherwise agreed. LCBS 2-9-99 Contract to Buy and Sell Real Estate(Commercial-New Loan) Page 4 of 5 Buyer Initials Seller Initials *`- This form produced by: Formulator re.namo.• 600338-1027 _ 317 22. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, In the event 318 of any controversy regarding the Earnest Money and things of value held by broker or Closing Company(unless mutual written 319 instructions are recieved by the holder of the Earnest Money and things of value), broker or Closing Company shall not be required to 320 take any action but may await any proceeding, or at broker's or Closing Company's option and sole discretion, may interplead all 321 parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable 322 attorney fees. 323 23. TERMINATION.In the event this contract is terminated, all payments and things of value received hereunder shall be 324 returned and the parties shall be relieved of all obligations hereunder,subject to§§ 10c,21 and 22. 325 24. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado Real 326 Estate Commission.) 327 A. One 5/8 Inch water tap deposit paid to Left Hand Water District, Is included In the price. The 328 meter/pit charge and transfer fee are not Included in price. 329 B. This contract Is contingent upon approval by Weld County Planning Department for Buyer's 330 intended use. Such approval shall be received by Buyer on or before March 7,2003. Written 331 evidence of disapproval shall be presented to Seller on or before March 7,2003;if not presented by 332 March 7, 2003,this condition shall be deemed waived by Buyer. C. Buyer shall be allowed to enter property for purposes of soil testing.Any objection to soil conditions shall be made in writing to Seller on or before Inspection Deadline. 333 25. ENTIRE AGREEMENT;SUBSEQUENT MODIFICATION; SURVIVAL. This contract constitutes the entire contract 334 between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been 335 merged and integrated into this contract. No subsequent modification of any of the terms of this contract shall be valid,binding upon 336 the parties, or enforceable unless made in writing and signed by the parties.Any obligation in this contract which, by its terms, is 337 intended to be performed after termination or Closing shall survive the same. 338 26. .FACSIMILE. Signatures X May C] May Not be evidenced by facsimile. Documents with original signatures shall be 339 provided to the other party at Closing,or earlier upon request of any party. 340 27. NOTICE. Except for the notice requesting mediation described in§21, any notice to Buyer shall be effective when received 341 by Buyer or by Selling Company and any notice to Seller shall be effective when received by Seller or Listing Company. 342 28. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, b B e and 343 Seller, as evidenced by their signatures below, and the offering party receives accepted,ticeoffs document f cp hall u uea t to a 344 §27 on or before Acceptance Deadline Date and Acceptance Deadline Time(§ ) 345 contract between Seller and Buyer. A copy of this document may be executed b ea party, sep ately, and when ac petty has 346 executed a copy thereof, such copies taken together shall be deemed to be a full an co lete contr t betwe the pa ie 347 • 348 Buyer :Darrell 349 Buyer Seed Testing Real Estate LLC A dox, nager 350 351 Date of Buyer's Signature: January 14. 2003 _ Date of Buyer's Signature: 352 Buyer's Address: 353 Buyer's Telephone No: _ Buyer's Fax No: — 354 355 NOTE: If is offer laii9i g-c untered or rejected,do not sign this document Refer to§29] 356 357 358 Seller / Brent W.Murray Marla Seller Dennis Shaver 359 360 Date of Seller's Signature: Date of Seller's Signature: 361 362 Seller's Address:111 Ru_byWgy,_LongmQnti_C.Q89.S01 363 Seller's Telephone No:_ Seller's Fax No: 364 365 29. COUNTER;REJECTION. This offer is n Countered O Rejected. 366 Initials only of party (Buyer or Seller) who countered or rejected offer- 368 368 _ END_OF CONTRACT ----- -- ----- 369 Note: Closing Instructions should be signed on or before Title Deadline. 370 371 372 BROKER ACKNOWLEDGMENTS. The undersigned Broker(s)acknowledges receipt of the Earnest Money deposit specified in§4 373 and, while not a party to the contract, agrees to cooperate upon request with any mediation conducted under 374 §21. 375 Selllna Company Brokerage Relationship. The Selling Company and its licensees have been engaged in this transaction as 376 O Buyer Agent L7 Seller Agent1Subagent LI Dual Agent 5d Transaction-Broker. 377 Listing Company Brokerage Relationship. The Listing Company and its licensees have been engaged in this transaction as 378 O Seller Agent O Dual Agent X Transaction-Broker. 379 380 BROKERS'COMPENSATION DISCLOSURE. 381 Selling Corn ny's compena{on or commission is to be paid by: O Buyer 0 Seller X Listing Company O Other 382 383 (To be completed by Listing Company 384 Listing Company's compensat'IIppr7 or commission is to be paid by: 0 Buyer 5I Seller O Other 385 ..-b.i (,2,-.---ws.l1._ 386 387 388 Selling Company:DYER REALTY,LNC__ (Name of Company) 389 390 By: Date 391 Signature N. Russell Stacey,Jr. 392 Selling Company's Address: 520 Main.St. Ste A. Longmont, Colorado 80501 393 Selling Company's Telephone No:303-7724200 _ _ __ Selling Company's Fax No: 394 395 Listing Company:DYER REALTY INC. (Name of Company) 396 397 By: Date 398 Signature Marvin L. Dyer 399 Listing Company's Address: 520 M.gln St, StttA, Longmont. CO 8a01 400 Listing Company's Telephone No:— Listing Company's Fax No:303-651-1320 401 — Page 5 of 5 CBS 2-9-99 Contract to Buy and Sell Real Estate(Commercial-New Loan) OCR__This lam produced by: Fom ratla Or i.r elad.a 800-336.4027 24) ADDITIONAL PROVISIONS(continued) (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.) Concerning property known as:Lo_t_3,_012ck_1.Y1gfa_CommeCClaLCenter Filing I a.Buyer acknQwfedges_recelpl of8-COpy ofihe_recorded_Cov_enantsl0tV1&ttCommercial Center. E. It IShetplat_mutltallyanderstoodandagreed.that Buyer_wlllisaailowe_dl2use the area suao_unst/ng the ___ luilding19r oulsiiciastorage with.adequate.scree_ni as_descrlledlnParagrnip of the recorded Coatis; Ms_ for_Vigta_C9_mmurcial Caner, The_Brchitecturalco_ntr21ommittee_oL1fLStaCOrltLrterc/al Center will review glens . such use.andrender a deci$Lanwlthi2sever day1Of_sulmittal.bY_BrrYer. r`) Buyer Seed Testing Real Estate LLC Buyer BY:Darrell Maddox, Manager Date of Buyer's Signature: Date of Buyer's Signature:January 14. 2003 cK Seller Brent a Murray Seller Dennis Shaver Date of Sellers Signature: _ Date of Sellers Signature: [CBS 2-9-99 Contract to Buy and Sell Real Estate(Commercial-New Loan) Additional Provisions This lam produced by: FOl7nulatOr for wasps• 800336-1027 .., The printed portly+--, of this form have been approved by the Colorado R Estate Commission.(CIC 32-9-99) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. COMMON INTEREST COMMUNITY ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL or VACANT LAND— FARM— RANCH) (This addendum should be used for the sale of Property involving ownership of common elements, or where there is an obligation to pay common expenses pursuant to a recorded Declaration) AMENDMENT TO A CONTRACT TO BUY AND SELL REAL ESTATE. This Common Interest Community Addendum is made a part of the Contract to Buy and Sell Real Estate for the purchase and sale of the Property known as 1767 Vista View Drive, Longmont Colorado 80504 _ — which is dated _ January 142003 between Buyer and Seller ("Contract"). This Addendum shall control in the event of any conflict with the Contract. The following provisions of the Contract are amended by these additions: § 3. INCLUSIONS AND EXCLUSIONS. The purchase price shall also include use of the following parking facility(ies): _________none _____; and the following storage facility(ies):none § 7c. COMMON INTEREST COMMUNITY GOVERNING DOCUMENTS. (Check only one box) ❑ (1) Not Applicable. This subsection c. shall not apply. pQ (2) Conditional Of Buyer's Review. Seller shall cause to be furnished to Buyer, at Seller's expense, on or before Title Deadline (§ 2c) a current copy of the owner's association declarations, bylaws, rules and regulations, party wall agreements (herein collectively "Governing Documents"), most recent financial documents consisting of (a) annual balance sheet, (b) annual income and expenditures statement, and (c) annual budget (herein collectively "Financial Documents"), if any. Written notice of any unsatisfactory provision(s) in any of these documents signed by Buyer, or on behalf of Buyer, and given to Seller on or before Governing Documents Deadline, [which is the same as Title Objection Deadline (§ 2c)], shall terminate this contract. If Seller does not receive written notice from Buyer within such time, Buyer accepts the terms of said documents, and Buyer's right to terminate this contract pursuant to this subsection is waived, notwithstanding the provisions of § 8d. C 1 (3) Not Conditional On Review. Buyer acknowledges that Seller has delivered a copy of the Governing Documents and Financial Documents. Buyer has reviewed them, agrees to accept the benefits, obligations and restrictions which they impose upon the Property and its owners and waives any right to terminate this contract due to such documents, notwithstanding the provisions of§ Sd. § 8f, RIGHT OF FIRST REFUSAL. If the Governing Documents require written approval of the sale contemplated by this contract or waiver of any option or right of first refusal by the owners' association or any other owner in the owners' association, Seller shall timely submit this contract and request approval of the sale or waiver of any option or right of first refusal pursuant to such provisions. If no such approval or waiver is obtained on or before WA___ this contract shall terminate. Buyer agrees to cooperate with Seller in obtaining the approval and/or waiver If required by the applicable Governing Documents and shall make available such information as the owners'association may reasonably require. § 14. CLOSING COSTS: DOCUMENTS AND SERVICES. Any fees incident to the transfer from Seller to Buyer assessed on behalf of the owners'association shall be paid by ❑Buyer X Seller. § 15e. ASSOCIATION ASSESSMENTS. Current regular owners' association assessments and association dues. Owners'association assessments paid in advance shall be credited to Seller at Closing. Cash reserves held out of the regular owners' association assessments for deferred maintenance by the owners' association shall not be credited to Seller except as may be otherwise provided by the Governing Documents. Any special assessment by the owners' association for improvements that have been installed as of the date of Buyer's signature hereon shall be the obligation of Seller. Any other special assessment assessed prior to Closing Date (§ 2c) by the owners' association shall be the obligation of ❑Buyer XISeller. Seller represents that the amount of the regular owners' association assessment is currently payable at $ to be determined _ per ___ Year _ and that there are no unpaid regular or special assessments against the Property except the current regular assessments and except NONE__ Such assessments are subject to change as provided in the Governing Documents. el r grees to promptly request the owners' association to deliver to Buyer before Closi e (§ 2c) a current statement of ss s ments against the Property. Any fees incident to the issuance of such statement of assess ents shall b paid b ❑ uy 'Seller. Buyer SEED TESTING REAL ESTATE LIZ Buyer Y:Darrell Mad ox, Manager Date of Buyer's signature ___ Date of Buyer's signature Jan Jt aiv14. 2003 Seller Brent W.Mu ay Ir adaMrra y Seller Dennis Shaver Date of Seller's signature —-- Date of Seller's signature CIC 32-9-99 Common Interest Community Addendum to Contract Buy and Sell Real Estate(Commercial—Vacant Land— Farm— Ranch) This Icon preemie q FonnufntUrfams Software v3 800-336-1021 Pentad On:Tuesday,January 14,2003 10:34:45 • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1111 H Street, P.O. Box 758, Greeley,CO 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 I. Applicant Name Sun Construction & Design Services, Inc Phone 303-444-4780 Address 1232 Boston Ave City Longmont State CO Zip80501 2. Address or location of access Section z of 52 of 8 Township 2 North Range 68 West Subdivision Vista Commercial Center Block 1 Lot 3 Weld County Road # Side of Road Distance from nearest intersection 3. Is there an existing access to the property? Yes X No #of accesses I 4. Proposed Use: ❑ Permanent 0 Residential/Agricultural al Industrial ❑ Temporary ❑ Subdivision ❑ Commercial 0 Other ************************************************************************************************* 5. Site Sketch f1 Legend for AccessL_ Description: SR 119 48L AG= Agricultural RES = Residential O&G= Oil&Gas D.R. = Ditch Road � bLOC- 1 U' Lol 5 U Vista View Dr *********************************ttttttttttttttttttttttttttttt ttt tt t t tt tt tt tt tttt ttttttt t t tt OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions tttttttttfr+##MMi#YStY+ttttitt/M******4#+M#f}###Mitt/}+Yttttttttttttti+itttttttttt##tttt#tttttt ❑ Installation authorized ❑ Information Insufficient Reviewed Bv: Title: 12 h..LEIVED JAN 2 1 2083 iiiiiiiill a LEFT HAND WATER DISTRICT i January 17, 2003 George Werner Sun Construction 1232 Boston Avenue Longmont, CO 80501 Re: Vista Commercial Block 1 Lot 3 90 VC B1 L3 TO WHOM IT MAY CONCERN : The property located at the above address or legal description is within the "SERVICE AREA" of Left Hand Water District . The tap fee for the above named property has been paid. This entitles one commercial unit to receive water service at this location. If you have further questions regarding this matter, you may contact me at the District office . Sincerely, ki ,V„ 3 Kathryn A. Peterson General Manager P.O. Box 210 •Niwot CO. 80544.(303) 530-4200 • Fax (303) 530-5252 01/19/2005 GJ:2.5 bi VKH1N 5HNL IHI iUN -* JUJ 444 O! !4 ivu. llr vui 3r` uu°i-G7)y St. Vrain SANITATION DISTRICT January 20, 2003 Mr. George Warner Sun Construction Design 1232 Boston Avenue Longmont, CO 80501 Re: STA Labs L3 Bl, adjacent to current facility located in Vista Commercial Business Park Subdivision Dear Mr. Warner, The above referenced proposed subdivision lies within the District's service area. Consequently, it is an element of the District's long range plans to provide sanitary sewer service to the area. St. Vrain Sanitation Staff understands that there will be NO sanitary sewer connection at L3 B1 at this time. The construction of the green houses is for vegetation growth only and no sewer is needed at this time. When sewer is required to serve this lot, a tap must be purchased at the then current rate. Provision of sanitary sewer service to the proposed Lot is contingent upon: • Payment of all applicable fees and charges, and • Meeting all conditions pursuant to the District's Rules and Regulations and approved Specs. If you have any questions, please give me a call. Si erely> Robert Fleck District Engineer CC Steve Beck Manager 436 Coffman Street Suite 200 P.O.Box 417 Longmont,CO 80502-0417 Phone: (303)776.9570 Fax: (303)485-1968 Emnil. sieve€suan.com -.K 11-C E AEU MAR 2 4 ZOO) PE PICKETT ENGINEERING, INC. March 21,2003 George Warner Sun Construction&Design Services,Inc. 1232 Boston Avenue Longmont,Colorado 80501 Re: Drainage STA Laboratories,Lot 3,Block 1 PEI No.02-064 Dear Mr.Warner: We have reviewed the drainage for Lot 3, Block 1, at Vista Commercial Center. Vista Commercial Center 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. Lot 3, Block 1, has an internal ditch along the north side of the property that will be used to convey the runoff to Detention Pond 5. The runoff coefficients used in Vista Commercial Park Phase I were 0.88 for the 10-year storm and 0.89 for the 100-year storm. The calculated runoff coefficients for Lot 3, Block 1,are 0.48 for the 10-year and 0.60 for the 100-year storms. The 10- year and the 100-year storm's peak runoff rates were calculated to be 2.17 cfs and 5.24 cfs, respectively. Therefore, no detention will be required for Lot 3, Block 1. The grading plan is adequate for the conveyance of the stormwater runoff to the ditch along the northern boundary. Should you have any further questions, or if the engineers at the Weld County Public Works Department have any questions, do not hesitate to call. Sincerely, PICKETT ENGINEERING,INC. a\.,e\lelei Ilf,l,, ° flfg T'o, ''a Pe/dill/id • O F9FO,L • :CC? la: R. Clayton Harrison,P.E. E 6 0 Senior Project Engineer _., / v3 ' RCH/pkg ��''�. ONAL,', EN� . ,,,, 1497311111\\\\ 808 8th Street — Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 STA Laboratories 3/20/2003 Weld County,Colorado PEI#02-064 • DEVELOPED COMPOSITE RUNOFF COEFFICIENTS Drainage Area 1 = 1.250 Acres Roofs 14418 sf = 0.331 Acres Pavement 1246 sf = 0.029 Acres Gravel 13809 sf = 0.317 Acres Landscape 24977 sf = 0.573 Acres 54450 2-Year 5-Year 10-Year 25-Year 100-Year Roofs 0.71 0.73 0.75 0.78 0.81 Pavement 0.89 0.90 0.92 0.94 0.96 Walks 0.71 0.73 0.75 0.78 0.81 Landscape 0.02 0.08 0.15 0.25 0.35 Composite Runoff, C 0.40 0.44 0.48 0.54 0.60 Storm Runoff Calculations 02-045 V1.xls Pickett Engineering Inc. STA Laboratories 3/20/2003 Weld County,Colorado PEI#02-064 STORM DRAINAGE CALCULATION Basin Characteristics Intensities Sub-basin Type AREA C2 CS C10 C25 C100 Ts* 12 15 110 125 1100 O O O O O BASIN 2-yr 6-yr 10-yr 25-yr 100-yr (acres) (min) (inmr) (in/hr) (inihr) (in/hr) (in/hr) (ds) (cfs) (ds) (cfs) (ds) Developed D1 Parking/Root/Lndscp 1.250 0.40 0.44 0.48 0.54 0.60 7.9 2.55 2.92 3.63 5.09 6.96 1.27 1.59 2.17 3.44 5.24 •Use five minutes when calculations indicated a lesser value. Storm Runoff Calculations 02-045 V1.xls Pickett Engineering Inc. SITE PLAN CERTIFICATION I hereby certify that the uses, buildings, and structures located on: Tnt 4 R1nrk 1 Visa Commercial Cnntar First Filing (legal description) are designed and will be constructed and operated in accordance with the applicable performance standards and district requirements for the I-1 C-3 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. Signature of Property Owner The foregoing instrument was subscribed and sworn to before me this /a-day of February 20 03 , by Darrell A. Maddox WITNESS my hand and official seal. My Commission expires: P- ?D . 20[)3 tr ...». 1 � pTA/41 ► I (!_4is�v, u .� c l ni r.-i) Notary Public • i Ile 11 Hello