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Home My WebLink About20013491.tiff it'll:. APPLICATION FLOW SHEET COLORADO APPLICANT: Ruben J. Rodriguez CASE#: SPR 341 REQUEST: Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District LEGAL: PT W2SW4 Section 29, Twp 2 North, Range 66 West LOCATION: North of and adjacent to WCR 16; east of SH 85 SITUS: 13015 WCR 16 (14`" Street) Fort Lupton, CO 80621 PARCEL ID#: 1309 29 000034 ACRES: 3 +/- Date By Application Received 01-05-01 anderson Application Completed 01-10-01 ogle Referrals listed 01-10-01 ogle s File assembled /- i' _.O ' C c Letter to applicant mailed '- f I- a / j l Vicinity map prepared Referrals mailed I' I/-Ci -77.5 �(S' Chaindexed I - 15 - 01 I c J Field check by DPS staff dg-C" Administrative Review decision: 2-6D, `�v` Date By Planning Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed Overlay Districts Road Impact Fee Area Zoning Airport Ye Ye _ No_x_ Yes No Geologic Yes_ No_x_ SW Weld#1 #2 #3 Flood Hazard Yes_ No_x_ Windsor Panel#: 080266 0868 C 2001-3491 jLI5 7'7 lag MEMORANDUM WIlDTO: Esther Gesick, Deputy Clerk to the Board COLORADO DATE: December 19, 2001 �f/�� FROM: Kim Ogle, Planner illy cQJ Bethany Salzman, Zoning Compliance Officer SUBJECT: El Reventon Night Club, SPR 341 El Reventon Night Club, LC 0044 The Department of Planning Services has accepted the mylar Plat for the above referenced case for recording subject to acceptance of the Improvements Agreement according policies regarding collateral for Improvements (Private Road Maintenance). The Improvements Agreement is presently under review by the Department of Public Works and County Attorney's Office. The Department of Planning Services will prepare a memorandum for consideration by the Board of County Commissioners upon receipt of a memorandum by the Department of Public Works and the Attorney's office. With acceptance of the collateral by the Board, the plat will be presented for recording. Upon recording of the Site Plan Review, SPR 341 Plat, the current violation will be closed. Review of the following liquor license application by the Department of Planning Services for RJML, LLC dba El Reventon Night Club 13015 Weld County Road 16 Fort Lupton, CO 80621 has not been completed pending the recording of the above referenced plat. ca S • DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE O GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us • E-mail address: kogle@CO.Weld.CO.US COLORADO PHONE (970) 353-6100, EXT.3540 FAX(970)304-6498 December 3, 2001 Mr. Ruben Rodriguez 232 Elizabeth Court Fort Lupton, CO 80621 Subject: Site Plan Review (SPR-341) Dear Mr. Rodriguez: The Department of Planning Services has reviewed the submitted documentation and offers the following status report for the above referenced application. This review is based on the November 7, 2001 plan submitted by your electrical contractor and prepared by High Plains Engineering dated October 17, 2001. Outstanding issues that shall be addressed per the December 3, 2001 Site Plan Review are as follows: Staff has not received a revised Site Plan Review with the notes placed on the plat, therefore this condition has not been met. All notes shall be included on the Site Plan Review plat, including the applicable signature blocks, as delineated in Section 23-2-160.W.6. 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 Zone District 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, Fort Lupton Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. There shall be no parking or staging of trucks allowed on the State Highway 85 Frontage Road, ("Denver Avenue" north of WCR 16). (Public Works Dept.) Status Report 11-09-2001,page 1 /—c.16/9/ 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S.), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes. (Department of Public Health and Environment) 8. Adequate toilet facilities shall be provided for the customers and employees. (Department of Public Health and Environment) 9. The existing septic system (Permit#SP-9700328) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) 10. The facility shall utilize the existing on-site well once the State approves the community water supply. (Department of Public Health and Environment) 11. The water system shall comply with the requirements for a public water system as defined in the Primary Drinking Water Regulations (5CCR 1003-1). (Department of Public Health and Environment) 12. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 13. 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) 14. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire Protection District, as stated in the referral response received January 17, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The Fort Lupton Fire Chief has approved the sprinkler plan for the facility, however, there has been no approval given for the alarm system. Anticipated approval date mid December 2001. Status Report 11-09-2001,page 2 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 February 2, 2001 have been met. As of December 3, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the City of Fort Lupton letter dated February 1, 2001 have been met. As of December 3, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the City of Fort Lupton Police Department letter dated January 18, 2001 have been met. As of December 3, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. This office has contacted the Police Chief who is reviewing his predecessors referral prior to providing a final sign off stating that their concerns have been addressed. 3. Prior to Recording the Plat: b. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking, access 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. The applicant shall amend the previously submitted Improvements Agreement to include at a minimum the following items: Exterior light standards, pedestals and lamps Fencing, as in around the trash enclosure and in any other locations as required Striping to delineate the parking stalls, crosswalks and island areas within the parking lot Curb Stops Sidewalk/ curb cut for handicapped access as required Sidewalk for access out to WCR 16 All on-site signs, i.e., Stop signs Parking area surface treatment, i.e., pavement, gravel, other Demolition item - planters near the existing structure Demolition item - concrete free-standing wall in parking area Demolition item - flag pole pad and pole west side of existing structure Demolition item - Power poles and power line if removed from overhead structures Status Report 11-09-2001,page 3 O2OC 3 Y!/ c. The applicant shall show evidence of compliance with the Food Establishment requirements. This item has been removed as a Condition of Approval prior to Recording the Plat to a Condition of Approval prior to Operation. 4. Prior to the release of building permits: a. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning Services to be recorded. As of December 3, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. b. The applicant shall submit two complete sets of blueprints to the Weld County Department of Building Inspection. (Building Department) It is the understanding of the Department of Planning Services that Mr. Vigil with the Department of Building Inspection is reviewing plans associated with this project. As of December 3, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that the Building Permit is ready for release. It The applicant shall submit two complete sets of blueprints to the City of Fort Lupton Fire Department. As of December 3, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. 5. Prior to the release of the Certificate of Occupancy: a. A final inspection of the occupancy will be required by a member of the City of Fort Lupton Fire Department and Weld County Building Inspection Department. As previously stated, as of December 3, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. 6. Prior to Operation: a. The applicant shall show evidence of compliance with the Food Establishment requirements. As of December 3, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. Status Report 11-09-2001,page 4 ,Y/ The applicant has stated on the revised Site Plan Review drawing dated October 17, 2001 that the land immediately adjacent, east of the property, will be leased from the rail road. Should this be the case, a copy of the lease agreement shall be submitted to this department for review prior to recording the Site Plan Review Rat. The Department of Planning Services is responding to information that is present in the above referenced case file. During the course of the referral process, referral entities will provide this office with a memorandum stating that their concerns have been addressed to their satisfaction. To the best of this office's knowledge, the status of all items in this letter appear to be correct. Should you have any questions regarding this letter, please contact me at the above referenced address or telephone numbers. Sincerely, Kim Ogle Planner Ill cc:Tony Beuno Status Report 11-09-2001,page 5 rits I'DDEPARTMENT OF PLANNING SERVICES igl 1555 N. 17TH AVENUE O GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US COLORADO PHONE (970) 353-6100, EXT.3540 FAX(970)304-6498 November 9, 2001 Mr. Ruben Rodriguez 232 Elizabeth Court Fort Lupton, CO 80621 Subject: Site Plan Review (SPR-341) Dear Mr. Rodriguez: The Department of Planning Services has reviewed the submitted documentation and offers the following status report for the above referenced application. This review is based on the November 7, 2001 plan submitted by your electrical contractor and prepared by High Plains Engineering dated October 17, 2001. Outstanding issues that shall be addressed per the November 8, 2001 Site Plan Review are as follows: 1. This site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight(8) foot aisle. An accessible path shall be required from the building to the public right-of-way(Weld County Road 16). A certain portion of the structure will be required to meet accessibility requirements. (Departments of Planning Services, Public Works) The Site Plan by High Plains Engineering delineates handicapped parking immediately south of the existing structure. The parking stalls shall be accessible to the one-way traffic pattern. Presently, these parking spaces are not accessible as the traffic flow is in the opposite direction. With the modification of the parking stall alignment, this condition will be met. 2. The access to this site is not adequate. The traffic impact of a restaurant/night club is significantly higher than that of a car dealership. Normally, the acceleration/deceleration lanes on US Highway 85 would requirement improvement. In this case, WCR 16/US Hwy. 85 intersection is proposed for closure as a long term improvement in the US Hwy 85 Access Control Plan. Given this situation, the access roadway shall be realigned to meet Denver Avenue and the connection to US Hwy 85 shall be removed. Also refer to comments line item 9, below. (Department of Public Works) Status Report 11-09-2001,page 1 Sy2,7 Diane Houghtaling, Traffic Engineer for Weld County Department of Public Works reviewed the traffic study submitted by Eric Bracke, P.E. dated April 30, 2001. In Mr. Bracke's review, on page two, paragraph 3, he states "...Mr. Rodriquez has indicated to me that he will be closing the two access points on the frontage road when the nightclub is in operation." Gloria Hice-Idler, Colorado Department of Transportation, Region 4 Access Manager stated that this office recommends both accesses onto the Frontage Road be closed. Further, CDOT supports the construction of a new access onto WCR 16 and be located as far to the east as possible from the intersection of SH 85 and WCR 16. Given the recommendations from both your Traffic Engineer and CDOT, the Departments of Public Works and Planning Services shall require the permanent closure of the two points of ingress and egress onto the Frontage Road. The Site Plan shall reflect this modification. Further, the applicant shall delineate an accurate circulation pattern for all parking spaces on site, including travel lanes in and around the facility. The proposed travel lane into the property north of the point of ingress and egress is inadequate in dimension. Minimum two way travel lanes shall be twenty-four (24) feet. 10. The applicant shall delineate the location for the screened trash receptacle as outlined in Section 23-3-250.A.6 of the Weld County Code. (Dept. of Planning Services) The trash enclosure is located in the northeast corner of this site shall be screened with an opaque fence to prevent the scattering of trash, including the gate. Further, the Department of Planning Services notes that the trash enclosure is located on land that the applicant states is leased from the Railroad. The trash enclosure shall be located on lands owned by the applicant. 11. The applicant shall address all of the Performance Standards as outlined in Section 23-3- 250 and 23-2-250 of the Weld County Code. (Dept. of Planning Services) The Department of Planning Services does not have evidence that these conditions have been met. The Department of Planning Services has not received a revised Landscape Plan that addresses the following information. 1. An installation schedule which specifies when the landscaping will be installed on site. (Department of Planning Services) The applicant states no additional plant material is to be installed. The Department of Planning Services based on the comments from the applicant's Traffic Engineer and CDOT referral comments recommends that new plant material be added to the two points of ingress and egress that are to be physically closed providing no ingress and egress to the property from the west. 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) The applicant has identified the on-site (existing) plant material. The Department of Planning Services requests that all plant material have current spelling of both the common name and botanical name and number of all plants materials. Status Report 11-09-2001,page 2 /?/ran/ �3�� 4. The method of native grass planting shall be called out as drilled or broadcast and applied - at a rate of how many pounds per acre, and/or pounds per square foot (Department of Planning Services) The Site Plan Review plat calls out "grass" in the legend. The proposed grass seed to be broadcast shall be further identified by type, mix and source if it is a commercially available product. The applicant shall clarify this issue. Staff has not received a revised Site Plan Review with the notes placed on the plat, therefore this condition has not been met. All notes shall be included on the Site Plan Review plat, including the applicable signature blocks, as delineated in Section 23-2-160.W.6. 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 Zone District 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, Fort Lupton Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. There shall be no parking or staging of trucks allowed on the State Highway 85 Frontage Road, ("Denver Avenue" north of WCR 16). (Public Works Dept.) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S.), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes. (Department of Public Health and Environment) 8. Adequate toilet facilities shall be provided for the customers and employees. (Department of Public Health and Environment) 9. The existing septic system (Permit#SP-9700328) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the weld County Department of Public Status Report 11-09-2001,page 3 Health and Environment. In the event the system is found to be inadequately sized or - constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) 10. The facility shall utilize the existing on-site well once the State approves the community water supply. (Department of Public Health and Environment) 11. The water system shall comply with the requirements for a public water system as defined in the Primary Drinking Water Regulations (5CCR 1003-1). (Department of Public Health and Environment) 12. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 13. 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) 14. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire Protection District, as stated in the referral response received January 17, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. As of November 9, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. 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 February 2, 2001 have been met. As of November 9, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. The applicant shall submit a statement signed and stamped by a professional engineer eV confirming that the site has adequate drainage. This letter shall be reviewed by the Department of Public Works. Evidence of approval shall be submitted to the Department of Planning Services. As of November 9, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. Status Report 11-09-2001,page 4 fir_/C The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the City of Fort Lupton letter dated February 1, 2001 have been met. As of November 9, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the City of Fort Lupton Police Department letter dated January 18, 2001 have been met. As of November 9, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. 3. Prior to Recording the Plat: nThe applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking, access 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. The applicant shall amend the previously submitted Improvements Agreement to include at a minimum the following items: Exterior light standards, pedestals and lamps Fencing, as in around the trash enclosure and in any other locations as required Striping to delineate the parking stalls, crosswalks and island areas within the parking lot Curb Stops Sidewalk/ curb cut for handicapped access as required Sidewalk for access out to WCR 16 All on-site signs, i.e., Stop signs Parking area surface treatment, i.e., pavement, gravel, other Demolition item - planters near the existing structure Demolition item - concrete free-standing wall in parking area Demolition item - flag pole pad and pole west side of existing structure Demolition item - Power poles and power line if removed from overhead structures c. The applicant shall show evidence of compliance with the Food Establishment requirements. This item has been removed as a Condition of Approval prior to Recording the Plat to a Condition of Approval prior to Operation. Status Report 11-09-2001,page 5 4. Prior to the release of building permits: a. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning Services to be recorded. As of November 9, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. b. The applicant shall submit two complete sets of blueprints to the Weld County Department of Building Inspection. (Building Department) It is the understanding of the Department of Planning Services that Mr. Vigil with the Department of Building Inspection is reviewing plans associated with this project. As of November 9, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that the Building Permit is ready for release. k. The applicant shall submit two complete sets of blueprints to the City of Fort Lupton Fire Department. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. 5. Prior to the release of the Certificate of Occupancy: a. A final inspection of the occupancy will be required by a member of the City of Fort Lupton Fire Department and Weld County Building Inspection Department. As previously stated, as of November 9, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. 6. Prior to Operation: a. The applicant shall show evidence of compliance with the Food Establishment requirements. As of November 9, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. The applicant has stated on the revised Site Plan Review drawing dated October 17, 2001 that the land immediately adjacent, east of the property, will be leased from the rail road. Should this be the case, a copy of the lease agreement shall be submitted to this department for review prior to recording the Site Plan Review Plat. The Department of Planning Services is responding to information that is present in the above referenced case file. During the course of the referral process, referral entities will provide this office with a memorandum stating that their concerns have been addressed to their satisfaction. To the best of this office's knowledge, the status of all items in this letter appear to be correct. Status Report 11-09-2001,page 6 Should you have any questions regarding this letter, please contact me at the above referenced address or telephone numbers. Sincerely, r _ Kim le Plann enclosure:Referral comments Red-Lined Plat,SPR 341 Status Report 11-09-2001, page 7 Kit ' DEPARTMENT OF PLANNING SERVICES ei 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US COLORADO PHONE (970) 353-6100, EXT.3540 FAX(970)304-6498 October 23, 2001 Mr. Ruben Rodriguez 232 Elizabeth Court Fort Lupton, CO 80621 Subject: Site Plan Review (SPR-341) Dear Mr. Rodriguez: The Department of Planning Services has reviewed the submitted documentation and offers the following status report for the above referenced application. This review is based on the October plan prepared by High Plains Engineering dated October 17, 2001. The following requirements and the red line of the Site Plan by High Plains Engineering dated October 17, 2001 were reviewed for completeness. 1. This site will be required to meet all requirements of the American Disability Act(ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight(8) foot aisle. An accessible path shall be required from the building to the public right-of-way(Weld County Road 16). A certain portion of the structure will be required to meet accessibility requirements. (Departments of Planning Services, Public Works) The Site Plan by High Plains Engineering delineates handicapped parking immediately south of the existing structure. The Department of Planning Services is assuming that the exterior walk is on grade. If it is, curb stops are required and the requirement of a handicapped curb cut/ramp is not applicable. Should this not be the existing situation, handicapped curb cuts /ramp(s) are required and the curb stops not necessary. The minimum width of all parking on site is nine (9) feet and the length of the stall in all parking situations is twenty (20) feet per Appendix 23-A. 2. The access to this site is not adequate. The traffic impact of a restaurant/night club is significantly higher than that of a car dealership. Normally, the acceleration/deceleration lanes on US Highway 85 would requirement improvement. In this case, WCR 16/US Hwy. 85 intersection is proposed for closure as a long term improvement in the US Hwy 85 Status Report 10-23-2001,page 1 Access Control Plan. Given this situation, the access roadway shall be realigned to meet Denver Avenue and the connection to US Hwy 85 shall be removed. Also refer to comments line item 9, below. (Department of Public Works) Diane Houghtaling, Traffic Engineer for Weld County Department of Public Works reviewed the traffic study submitted by Eric Bracke, P.E. dated April 30, 2001. In Mr. Bracke's review, on page two, paragraph 3, he states "...Mr. Rodriquez has indicated to me that he will be closing the two access points on the frontage road when the nightclub is in operation." Gloria Hice-Idler, Colorado Department of Transportation, Region 4 Access Manager stated that this office recommends both accesses onto the Frontage Road be closed. Further, CDOT supports the construction of a new access onto WCR 16 and be located as far to the east as possible from the intersection of SH 85 and WCR 16. Given the recommendations from both your Traffic Engineer and CDOT, the Departments of Public Works and Planning Services shall require the permanent closure of the two points of ingress and egress onto the Frontage Road. The Site Plan shall reflect this modification. 3. The applicant shall delineate additional landscape areas within the property. Total square footage of site is 147,630 with fifteen (15)percent of the site to be landscaped. Required Landscaped areas total 22,143 SF and shall consist of trees, shrubs and ground cover plant material. (Departments of Planning Services) The required landscaped areas of approximately 22,143 SF consisting of trees, shrubs and ground cover plant material has been met. The Department of Planning Services shall require additional planting at the two points of ingress and egress onto the Frontage Road. Further, it appears that areas adjacent to WCR 16 and the area in the northeast corner of the property that historically have been covered with 3/4" to 1" minus river run rock have been removed. The Department of Planning Services asks the applicant to provide information specific to this issue in future correspondence. 4. The vehicle parking and office area shall adhere to Off street Parking and Loading Requirements, per Sections 23-4-20.8, 23-4-30.A, Appendix 23-A, 23-4-30. and 23-4-50 of the Weld County Code. (Dept. of Planning Services) All parking areas shall be delineated accurately on the Site Plan. As stated previously, the width of all parking stalls is nine (9) feet with an overall length of twenty (20) feet. Parking stalls immediately adjacent to the north and south access walk shall have curb stops in place. For a facility of this size, off-street loading spaces are required. The dimension of these spaces shall be a minimum of ten (10) feet in width and thirty-five (35) feet in length and shall be unobstructed in height up to fifteen (15) feet. 5. The applicant shall provide nine (9) parking stalls for the employees of this facility. The dimensions of the parking stalls shall adhere to Section 23-4-30.8, Appendix 23-A of the Weld County Code. (Dept. of Planning Services) The minimum width of all parking on site is nine (9) feet and the length of the stall in all parking situations is twenty (20) feet per Appendix 23-A. Please note on the Site Plan Review plat where this parking is located. Status Report 10-23-2001,page 2 h I Ql"J/ 6. The applicant shall provide one hundred seventy nine (179) parking stalls for the restaurant and night club portion of this facility. The dimensions of the parking stalls shall adhere to Section 23-4-30.8, Appendix 23-A of the Weld County Code. (Dept. of Planning Services) 7. The applicant shall delineate the location of all curb stops in the parking areas per Section 23-4-30.D of the Weld County Code. (Dept. of Planning Services) The minimum width of all parking on site is nine (9) feet and the length of the stall in all parking situations is twenty (20) feet per Appendix 23-A. Curb stops shall be required in locations adjacent to access walks. Further,the applicant shall delineate an accurate circulation pattern for all parking spaces on site, including travel lanes in and around the facility. The proposed travel lane immediately south of the existing facility, and adjacent to the proposed handicapped parking area, is inadequate in dimension. Minimum two way travel lanes shall be twenty-four (24) feet. 8. The applicant shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E and Section 23-2-250 of the Weld County Code. (Dept. of Planning Services) The Site Plan shall be amended to reflect adequate lighting over the entire site. The Department of Planning Services has determined that additional light standards are required along the east property line as noted on the enclosed "Red Line Print". Further, the Site Plan shall delineate the exact locations of the overhead power line and power line pole location(s). The Site Plan shall be amended to reflect modifications to the proposed parking areas, access walk and landscape treatment. 9. The applicant shall delineate a new point of ingress and egress to the facility from the property onto Weld County Road 16. The location and configuration shall be approved by the Weld County Departments of Public Works, Sheriff's Office and the City of Fort Lupton Police Department, (Dept. of Planning Services, Sheriff's Office) The Department of Public Works and Colorado Department of Transportation have provided favorable comments specific to this relocation of ingress and egress for this facility. This condition has been met. 10. The applicant shall delineate the location for the screened trash receptacle as outlined in Section 23-3-250.A.6 of the Weld County Code. (Dept of Planning Services) The trash enclosure is located in the northeast corner of this site shall be screened with an opaque fence to prevent the scattering of trash. Further, the Department of Planning Services notes that this area was landscaped with 1" minus river run rock that is no longer delineated on the Site Plan. This office shall require the applicant to state what type of landscape treatment will be provided in the area east of the enclosure. Status Report 10-23-2001,page 3 '),CV-1 /7Q/ 11. The applicant shall address all of the Performance Standards as outlined in Section 23-3- 250 and 23-2-250 of the Weld County Code. (Dept. of Planning Services) The Department of Planning Services does not have evidence that these conditions have been met. The Department of Planning Services has not received a revised Landscape Plan that addresses the following information. 1. An installation schedule which specifies when the landscaping will be installed on site. (Department of Planning Services) The applicant states no additional plant material is to be installed. The Department of Planning Services based on the comments from the applicant's Traffic Engineer and CDOT referral comments recommends that new plant material be added to the two points of ingress and egress that are to be closed. 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) The applicant has identified the on-site (existing) plant material. The Department of Planning Services requests that all plant material have current spelling of both the common name and botanical name and number of all plants materials. 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) Please state who will preform this service and that the maintenance will be ongoing and not end upon approval of the Site Plan Review plat. Further, should any plant material die or need replacing, that the material will be replaced immediately. 4. The size, type and color of the gravel mulch shall be noted. (Department of Planning Services) This condition has been met. 5. The size of the metal edging, if applicable, shall be noted. (Department of Planning Services) It appears from the Site Plan Review plat, that this condition has been met. 6. The method of native grass planting shall be called out as drilled or broadcast and applied at a rate of how many pounds per acre, and/or pounds per square foot. (Department of Planning Services) The Site Plan Review plat calls out"grass" in the legend. If this is an existing condition, then the condition has been met. If however, new grass is proposed,the condition remains. The applicant shall clarify this issue. Status Report 10-23-2001,page 4 aC 9/ Lei /7/ Staff has not received a revised Site Plan Review with the notes placed on the plat, therefore this condition has not been met. All notes shall be included on the Site Plan Review plat, including the applicable signature blocks, as delineated in Section 23-2-160.W.6. 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 Zone District 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, Fort Lupton Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. There shall be no parking or staging of trucks allowed on the State Highway 85 Frontage Road, ("Denver Avenue" north of WCR 16). (Public Works Dept.) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S.), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes. (Department of Public Health and Environment) 8. Adequate toilet facilities shall be provided for the customers and employees. (Department of Public Health and Environment) 9. The existing septic system (Permit#SP-9700328) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) 10. The facility shall utilize the existing on-site well once the State approves the community water supply. (Department of Public Health and Environment) Status Report 10-23-2001,page 5 2m/ �� 11. The water system shall comply with the requirements for a public water system as defined in the Primary Drinking Water Regulations (5CCR 1003-1). (Department of Public Health and Environment) 12. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 13. 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) 14. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire Protection District, as stated in the referral response received January 17, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. 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 February 2, 2001 have been met As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. The applicant shall submit a plan describing any proposed on-site signs. Any proposed sign shall adhere to Sections 23-4-100 and 23-4-110 of the Weld County Code. All proposed signs shall apply for and receive a building permit The applicant has delineated on the Site Plan Review plat that one four (4) by twenty-four (24) rectangular sign is proposed. The appropriate Building Permits shall be obtained prior to installation, if required. The applicant shall submit a statement signed and stamped by a professional engineer confirming that the site has adequate drainage. This letter shall be reviewed by the Department of Public Works. Evidence of approval shall be submitted to the Department of Planning Services. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. Status Report 10-23-2001,page 6 The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Weld County Sheriffs Department letter dated January 26, 2001 and February 1, 2001 have been met. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the City of Fort Lupton letter dated February 1, 2001 have been met. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the City of Fort Lupton Police Department letter dated January 18, 2001 have been met. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. The applicant shall submit evidence that the new point of ingress and egress to the facility from the property onto Weld County Road 16 has been approved by the Weld County Departments of Public Works and Sheriff's Office and the City of Fort Lupton Police and Fire Departments. The Department of Public Works and Colorado Department of Transportation have provided favorable comments specific to this relocation of ingress and egress for this facility. This condition has been met. By default, this condition has been met. 3. Prior to Recording the Plat: a. A traffic impact study submitting the trip generation, distribution and effects on the intersection of US Hwy 85/WCR 14.5 shall be prepared by a licensed professional engineer and shall be submitted to the Weld County Department of Public Works, the City of Fort Lupton and the Colorado Department of Transportation for review and approval. Evidence of approval shall be submitted to the Department of Planning Services. Should impacts to the road system be determined based on the findings of the traffic impact study, the applicant shall be required to make all of the improvements as required by the appropriate referral entities. The Traffic Study was approved by D. Houghtaling, Department of Public Works in a memorandum dated June 11, 2001. Further, in Mr. Bracke's review, on page two, paragraph 3, he states "...Mr. Rodriquez has indicated to me that he will be closing the two access points on the frontage road when the nightclub is in operation." Status Report 10-23-2001,page 7 /% / YC�7 Gloria Hice-Idler, Colorado Department of Transportation, Region 4 Access Manager stated that this office recommends both accesses onto the Frontage Road be closed. Further, CDOT supports the construction of a new access onto WCR 16 and be located as far to the east as possible from the intersection of SH 85 and WCR 16. Given the recommendations from both your Traffic Engineer and CDOT, the Departments of Public Works and Planning Services shall require the permanent closure of the two points of ingress and egress onto the Frontage Road. The Site Plan shall reflect this modification. b. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking, access 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. The applicant shall amend the previously submitted Improvements Agreement to include at a minimum the following items: Exterior light standards, pedestals and lamps Fencing, as in around the trash enclosure and in any other locations as required Striping to delineate the parking stalls, crosswalks and island areas within the parking lot Curb Stops Sidewalk/ curb cut for handicapped access as required Sidewalk for access out to WCR 16 All on-site signs, i.e., Stop signs Parking area surface treatment, i.e., pavement, gravel, other Demolition item - planters near the existing structure Demolition item - concrete free-standing wall in parking area Demolition item -flagstone pad west side of existing structure Demolition item - Power poles and power line if removed from overhead structures c. The applicant shall show evidence of compliance with the Food Establishment requirements. This item has been removed as a Condition of Approval prior to Recording the Plat to a Condition of Approval prior to Operation. d. The applicant shall show evidence of State approval of the drinking water system. The Department of Public Health and Environment is reviewing this information,the Department of Public Health and Environment recommends an additional test be completed by their Department. Please contact them at 970 304 6415. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. e. The existing septic system (Permit #SP-9700328) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Status Report 10-23-2001,page 8 Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. The applicant has submitted documentation for a Repair Septic Permit. At the October 23, 2001, Board of Health hearing,the proposed septic for this facility is adequate. This condition has been met. 4. Prior to the release of building permits: a. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning Services to be recorded. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. b. The applicant shall submit two complete sets of blueprints to the Weld County Department of Building Inspection. (Building Department) It is the understanding of the department of Planning Services that Mr. Vigil with the Department of Building Inspection is reviewing plans associated with this project. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that the Building Permit is ready for release. c. The applicant shall submit two complete sets of blueprints to the City of Fort Lupton Fire Department. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. 5. Prior to the release of the Certificate of Occupancy: a. A final inspection of the occupancy will be required by a member of the City of Fort Lupton Fire Department and Weld County Building Inspection Department. As previously stated, as of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. 6. Prior to Operation: a. The applicant shall show evidence of compliance with the Food Establishment requirements. As of October 23, 2001, the Department of Planning Services in not in receipt of any correspondence from this referral entity stating that this condition has been met. Status Report 10-23-2001,page 9 Vii The Department of Planning Services is responding to information that is present in the above referenced case file. During the course of the referral process, referral entities will provide this office with a memorandum stating that their concerns have been addressed to their satisfaction. To the best of this office's knowledge, the status of all items in this letter appear to be correct. Should you have any questions regarding this letter, please contact me at the above referenced address or telephone numbers. Sincerely, Kim o le Planner-Ill pc:SPR 341 Status Report 10-23-2001,page 10 -COO/- Ski`/ • (it IDDEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 C� E-mail a des: kogle@CO Weld.CO US COLORADO PHONE (970) 353-6100, EXT.3540 FAX(970)304-6498 June 6, 2001 Mr. Ruben Rodriguez 232 Elizabeth Court Fort Lupton, CO 80621 Subject: Site Plan Review (SPR-341) Dear Mr. Rodriguez: The Department of Planning Services has reviewed the submitted documentation and offers the following status report for the above referenced application. Staff has not received a revised Site Plan Review plat that delineates the following information, therefore, This Condition has not been met.: 1. This site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight(8)feet with five (5)foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right-of- way (Weld County Road 16). A certain portion of the structure will be required to meet accessibility requirements. (Departments of Planning Services, Public Works) 2. The access to this site is not adequate. The traffic impact of a restaurant/night club is significantly higher than that of a car dealership. Normally, the acceleration/ deceleration lanes on US Highway 85 would requirement improvement. In this case, WCR 16/US Hwy. 85 intersection is proposed for closure as a long term improvement in the US Hwy 85 Access Control Plan. Given this situation, the access roadway shall be realigned to meet Denver Avenue and the connection to US Hwy 85 shall be removed. Also refer to comments line item 9, below. (Department of Public Works) 3. The applicant shall delineate additional landscape areas within the property. Total square footage of site is 147,630 with fifteen (15) percent of the site to be landscaped. Required Landscaped areas total 22,143 SF and shall consist of trees, shrubs and ground cover plant material. (Departments of Planning Services) O/ -,gcb`/ 4. The vehicle parking and office area shall adhere to Off street Parking and Loading Requirements, per Sections 23-4-20.B, 23-4-30.A, Appendix 23-A, 23-4-30. and 23-4-50 of the Weld County Code. (Dept. of Planning Services) 5. The applicant shall provide nine(9) parking stalls for the employees of this facility. The dimensions of the parking stalls shall adhere to Section 23-4-30.B, Appendix 23-A of the Weld County Code. (Dept. of Planning Services) 6. The applicant shall provide one hundred seventy nine (179) parking stalls for the restaurant and night club portion of this facility. The dimensions of the parking stalls shall adhere to Section 23-4-30.B,Appendix 23-A of the Weld County Code. (Dept. of Planning Services) 7. The applicant shall delineate the location of all curb stops in the parking areas per Section 23-4-30.D of the Weld County Code. (Dept. of Planning Services) 8. The applicant shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E and Section 23-2-250 of the Weld County Code. (Dept. of Planning Services) 9. The applicant shall delineate a new point of ingress and egress to the facility from the property onto Weld County Road 16. The location and configuration shall be approved by the Weld County Departments of Public Works, Sheriffs Office and the City of Fort Lupton Police Department. (Dept. of Planning Services, Sheriff's Office) 10. The applicant shall delineate the location for the screened trash receptacle as outlined in Section 23-3-250.A.6 of the Weld County Code. (Dept. of Planning Services) 11. The applicant shall address all of the Performance Standards as outlined in Section 23-3-250 and 23-2-250 of the Weld County Code. (Dept. of Planning Services) The Department of Planning Services has not received a revised Landscape Plan that addresses the following information, therefore, This Condition has not been met.: 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, type and color of the gravel mulch shall be noted. (Department of Planning Services) 5. The size of the metal edging, if applicable, shall be noted. (Department of Planning Services) 6. The method of native grass planting shall be called out as drilled or broadcast and applied at a rate of how many pounds per acre, and/or pounds per square foot. (Department of Planning Services) Staff has not received a revised Site Plan Review with the notes placed on the plat, therefore, This Condition has not been met.: 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 Zone District 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, Fort Lupton Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. There shall be no parking or staging of trucks allowed on the State Highway 85 Frontage Road, ("Denver Avenue" north of WCR 16). (Public Works Dept.) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes. (Department of Public Health and Environment) 8. Adequate toilet facilities shall be provided for the customers and employees. (Department of Public Health and Environment) 9. The existing septic system (Permit #SP-9700328) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) 10. The facility shall utilize the existing on-site well once the State approves the community water supply. (Department of Public Health and Environment) -111. The water system shall comply with the requirements for a public water system as defined in the Primary Drinking Water Regulations (5CCR 1003-1). (Department of Public Health and Environment) 12. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 13. 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) 14. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) d. The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire Protection District, as stated in the referral response received January 17, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. This Condition has not been met. e. 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 February 2, 2001 have been met. This Condition has not been met. f. The applicant shall submit a plan describing any proposed on-site signs. Any proposed sign shall adhere to Sections 23-4-100 and 23-4-110 of the Weld County Code. All proposed signs shall apply for and receive a building permit. This Condition has not been met. g. The applicant shall submit a statement signed and stamped by a professional engineer confirming that the site has adequate drainage. This letter shall be reviewed by the Department of Public Works. Evidence of approval shall be submitted to the Department of Planning Services. Public Works is reviewing the documentation, however, as of June 6, 2001, This Condition has not been met. h. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Weld County Sheriffs Department letter dated January 26, 2001 and February 1, 2001 have been met. This Condition has not been met. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the City of Fort Lupton letter dated February 1, 2001 have been met. This Condition has not been met. j. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the City of Fort Lupton Police Department letter dated January 18, 2001 have been met. This Condition has not been met. k. The applicant shall submit evidence that the new point of ingress and egress to the 'facility from the property onto Weld County Road 16 has been approved by the Weld County Departments of Public Works and Sheriffs Office and the City of Fort Lupton Police and Fire Departments. This Condition has not been met. 3. Prior to Recording the Plat: a. A traffic impact study submitting the trip generation, distribution and effects on the intersection of US Hwy 85/WCR 14.5 shall be prepared by a licensed professional engineer and shall be submitted to the Weld County Department of Public Works, the City of Fort Lupton and the Colorado Department of Transportation for review and approval. Evidence of approval shall be submitted to the Department of Planning Services. This Condition has not been met. Should impacts to the road system be determined based on the findings of the traffic impact study, the applicant shall be required to make all of the improvements as required by the appropriate referral entities. This Condition has not been met. b. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking, access 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. This Condition has not been met. c. The applicant shall show evidence of compliance with the Food Establishment requirements. This Condition has not been met. d. The applicant shall show evidence of State approval of the drinking water system. The Department of Public Health and Environment is reviewing this information, as of June 6, 2001, This Condition has not been met. e. The existing septic system (Permit #SP-9700328) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. The applicant has submitted documentation for a Repair Septic Permit. As of June 6, 2001, this has not been finaled. Therefore, This Condition has not been met. 4. Prior to the release of building permits: a. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning Services to be recorded. This Condition has not been met. b. The applicant shall submit two complete sets of blueprints to the Weld County -Department of Building Inspection. (Building Department) c. The applicant shall submit two complete sets of blueprints to the City of Fort Lupton Fire Department. This Condition has not been met. 5. Prior to the release of the Certificate of Occupancy: a. A final inspection of the occupancy will be required by a member of the City of Fort Lupton Fire Department and Weld County Building Inspection Department. This Condition has not been met. The Department of Planning Services is responding to information that is present in the above referenced case file. Given that staff may not have copies of all of the documentation, the specific status of an item may be incorrect. During the course of the referral process, referral entities will provide this office with a memorandum stating that their concerns have been addressed to their satisfaction. To the best of this office's knowledge, the status of all items in this letter appear to be correct. Should you have any questions regarding this letter, please contact me at the above referenced address or telephone numbers. Sincerely, Kim Og Planner II pc:SPR 341 X13,/ �i��i CD 1 Stle-Pl pe l9 htle SYs� n, PO\r IL-i n cuff 5jo c ( Lii ® R AG cck( 4,re-eri ) J - (PnaSCar e bocttn -enrAwcc .ccto .,_ ��_ cn 1\cd 1 .'f.\C ZIWRn ,I SITE PLAN REVIEW Administrative Review COLORADO Case Number Site Plan Review SPR 341 Parcel Number 1309 29 000034 Applicant: Ruben J. Rodriguez Legal Description: Part of the W2 SW4 of Section 29, Township 2 North, Range 66 West of the 6'h P.M., Weld County, CO Zoning: Commercial, C-2 Proposed Use: El Reventon Restaurant and Night Club Site Plan Review Standards Meets the Intent of the Comments Weld County Code Site Plan Certification Included in Application YES Retention Facilities Not Approved per Memo from D. Houghtaling,Weld County NO Engineering Dept.Approval Public Works, dated January 15, 2001 Date Offstreet Parking Not Approved per Memo from D. Houghtaling,Weld County NO Public Works, dated December 27,2000 Loading Areas YES Access Not Approved per Memo kw-II D. Houghtaling,Weld County NO Public Works, dated December 27, 2000 Setback Requirements 25 Feet YES Offset Requirements 10 Feet YES Landscaping Not Approved. On-site landscaping has 16,970 SF NO identified on Site Plan. Required Landscaped area is 22,143 SF Trash Collection and NO Storage Potable Water Not Approved per memorandum from J. Peden, Weld NO County Department of Public Health & Environment, dated January 22, 2001 Sewage Disposal Not Approved per memorandum from J. Peden, Weld NO County Department of Public Health & Environment, dated January 22, 2001 oXte)/-<_ Environment Standards Noise YES 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. This site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right-of-way(Weld County Road 16). A certain portion of the structure will be required to meet accessibility requirements. (Departments of Planning Services, Public Works) 2. The access to this site is not adequate. The traffic impact of a restaurant/night club is significantly higher than that of a car dealership. Normally, the acceleration/ deceleration lanes on US Highway 85 would requirement improvement. In this case, WCR 16/US Hwy. 85 intersection is proposed for closure as a long term improvement in the US Hwy 85 Access Control Plan. Given this situation, the access roadway shall be realigned to meet Denver Avenue and the connection to US Hwy 85 shall be removed. Also refer to comments line item 9, below. (Department of Public Works) 3. The applicant shall delineate additional landscape areas within the property. Total square footage of site is 147,630 with fifteen (15) percent of the site to be landscaped. Required Landscaped areas total 22,143 SF and shall consist of trees, shrubs and ground cover plant material. (Departments of Planning Services) 4. The vehicle parking and office area shall adhere to Off street Parking and Loading Requirements, per Sections 23-4-20.B, 23-4-30.A, Appendix 23-A, 23-4-30. and 23-4-50 of the Weld County Code. (Dept. of Planning Services) Rodriguez, SPR 341,page 2 ocad/ �3` 2/ 5. The applicant shall provide nine (9) parking stalls for the employees of this facility. The dimensions of the parking stalls shall adhere to Section 23-4- 30.B,Appendix 23-A of the Weld County Code. (Dept. of Planning Services) 6. The applicant shall provide one hundred seventy nine (179) parking stalls for the restaurant and night club portion of this facility. The dimensions of the parking stalls shall adhere to Section 23-4-30.B, Appendix 23-A of the Weld County Code. (Dept. of Planning Services) 7. The applicant shall delineate the location of all curb stops in the parking areas per Section 23-4-30.D of the Weld County Code. (Dept. of Planning Services) 8. The applicant shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E and Section 23-2-250 of the Weld County Code. (Dept. of Planning Services) 9. The applicant shall delineate a new point of ingress and egress to the facility from the property onto Weld County Road 16. The location and configuration shall be approved by the Weld County Departments of Public Works, Sheriff's Office and the City of Fort Lupton Police Department. (Dept. of Planning Services, Sheriffs Office) 10. The applicant shall delineate the location for the screened trash receptacle as outlined in Section 23-3-250.A.6 of the Weld County Code. (Dept. of Planning Services) 11. The applicant shall address all of the Performance Standards as outlined in Section 23-3-250 and 23-2-250 of the Weld County Code. (Dept. of Planning Services) 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, type and color of the gravel mulch shall be noted. (Department of Planning Services) Rodriguez, SPR 341,page 3 026-07 (/>7 5. The size of the metal edging, if applicable, shall be noted. (Department of Planning Services) 6. The method of native grass planting shall be called out as drilled or broadcast and applied at a rate of how many pounds per acre, and/or pounds per square foot. (Department of Planning Services) 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 Zone District 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, Fort Lupton Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. There shall be no parking or staging of trucks allowed on the State Highway 85 Frontage Road, ("Denver Avenue" north of WCR 16). (Public Works Dept.) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes. (Department of Public Health and Environment) 8. Adequate toilet facilities shall be provided for the customers and employees. (Department of Public Health and Environment) 9. The existing septic system (Permit #SP-9700328) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Rodriguez, SPR 341, page 4 cSV n/ Environmental Health Services Division of the weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) 10. The facility shall utilize the existing on-site well once the State approves the community water supply. (Department of Public Health and Environment) 11. The water system shall comply with the requirements for a public water system as defined in the Primary Drinking Water Regulations (5CCR 1003-1). (Department of Public Health and Environment) 12. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 13. 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) 14. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) d. The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire Protection District, as stated in the referral response received January 17, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) e. 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 February 2, 2001 have been met. (Department of Planning Services) f. The applicant shall submit a plan describing any proposed on-site signs. Any proposed sign shall adhere to Sections 23-4-100 and 23-4-110 of the Weld County Code. All proposed signs shall apply for and receive a building permit. (Department of Planning Services) g. The applicant shall submit a statement signed and stamped by a professional engineer confirming that the site has adequate drainage. This letter shall be reviewed by the Department of Public Works. Evidence of approval shall be submitted to the Department of Planning Services. (Public Works Dept.) h. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Weld County Sheriffs Department letter dated January 26, 2001 and February 1, 2001 have been met. (Department of Planning Services) The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the City of Fort Lupton letter dated Rodriguez,SPR 341,page 5 ci- CDT'S / February 1, 2001 have been met. (Department of Planning Services) j. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the City of Fort Lupton Police Department letter dated January 18, 2001 have been met. (Department of Planning Services) k. The applicant shall submit evidence that the new point of ingress and egress to the facility from the property onto Weld County Road 16 has been approved by the Weld County Departments of Public Works and Sheriffs Office and the City of Fort Lupton Police and Fire Departments. (Dept. of Planning Services) 3. Prior to Recording the Plat: a. A traffic impact study submitting the trip generation, distribution and effects on the intersection of US Hwy 85/WCR 14.5 shall be prepared by a licensed professional engineer and shall be submitted to the Weld County Department of Public Works, the City of Fort Lupton and the Colorado Department of Transportation for review and approval. Evidence of approval shall be submitted to the Department of Planning Services. (Dept. of Planning Services, Public Works) Should impacts to the road system be determined based on the findings of the traffic impact study, the applicant shall be required to make all of the improvements as required by the appropriate referral entities. (Dept. of Planning Services, Public Works) b. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking, access 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. (Dept. of Planning Services) c. The applicant shall show evidence of compliance with the Food Establishment requirements. (Department of Public Health and Environment) d. The applicant shall show evidence of State approval of the drinking water system. (Department of Public Health and Environment) e. The existing septic system (Permit #SP-9700328) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) 4. Prior to the release of building permits: • a. Upon approval by the Department of Planning Services, the Site Plan Review shall be Rodriguez,SPR 341, page 6 . prepared per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning Services to be recorded. (Department of Planning Services) b. The applicant shall submit two complete sets of blueprints to the Weld County Department of Building Inspection. (Building Department) c. The applicant shall submit two complete sets of blueprints to the City of Fort Lupton Fire Department. (City of Fort Lupton Fire Department) 5. Prior to the release of the Certificate of Occupancy: a. A final inspection of the occupancy will be required by a member of the City of Fort Lupton Fire Department and Weld County Building Inspection Department. (City of Fort Lupton Fire Department, Building Inspection) Site Plan Review conditionally approved by: Date: Kim Ogle, Pla r II February 9, 2001 • Rodriguez, SPR 341,page 7 • ‘71-; DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE Wfig GREELEY, COLORADO 80631 e E-mail address: kogle@CO Welld.CO.US COLORADO PHONE (970) 353-6100, EXT.3540 FAX(970)304-6498 January 22, 2001 Mr. Ruben Rodriguez 232 Elizabeth Court Fort Lupton, CO 80621 Subject: Site Plan Review (SPR-341) Town of Fort Lupton Annexation Review Dear Mr. Rodriguez: The Department of Planning Services has repeatedly attempted to contact you regarding your Site Plan Review application. As this office has been unsuccessful in our attempts to contact you, please be advised that your application has been placed on a temporary hold pending a review by the Town of Fort Lupton regarding an annexation review of the former Formby Ford property. Weld County has an intergovernmental agreement with the Town to encourage efficient and orderly development of lands immediately adjacent to the existing Corporate City Limits. The property in question meets this criteria. The Department of Planning Services has submitted documentation on your behalf to the Town for their review. Written notification will be forwarded to your attention of their pending decision on the issue of annexation. Should the Town wish to annex this property, future applications concerning the development of this property will be through the Town. Should the Town elect not to annex this property, the pending application will be completed by this office. Given that this issue is under review by the Town of Fort Lipton, please contact Paul Rayl, Planner with the Town of Fort Lupton at 303/ 857 6694 to discuss this pending application. Should you have any questions regarding this letter, please contact me at the above referenced address or telephone numbers. Sincerely, t Kim Og Planner II pc:SPR 341 t.7..-‘) DEPARTMENT OF PLANNING SERVICES 111 ' PHONE (970) 353-6100, EXT 3540 FAX (970) 304-6498 (Co GREELEY5 5 N. 17TH AVENUE COLORADO80631 COLORADO January 10, 2001 Ruben Rodriguez 232 Elizabeth Ct Ft. Lupton, CO 80621 Subject: SPR-341 -Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District located on a parcel of land described as Part of the W2SW4 of Section 29, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. Dear Mr. Rodriguez: 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 Fort Lupton Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Fort Lupton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call the City of Fort Lupton at 970-346-0326, 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, Kim Ogl Planner _nl /_ -*(/0/ Notice of Ingnif y J ntr: rcrLe,.io. . Area COLORADO I Date: - f§— Pia Planner: VAM ocA,E. Town Referred to: tt 2j ,tit a•rvr-1 Name of Person c21-3/4 r atzlaard"2- 23z EU•yvr3L.5i+ c- '1, ,• Inquiring f"v'u' w rGa 3eS/ i1 ou) (LEw) mss! 85� �ts-1c 64) Type of Inquiry: 96-V -tVnl f vyot$�aL put. 4�--inwr&ate/ Ia ILHT c-1-06 Property Owner: E MMeu- ;'aCND '-r Legal Descrip:ion: 5vv¢ SW 4 '4I . Major-"resre ': yv6t - The above person inquired ahmit developing a pa:cel of h nd nside your designated intergovernmental agreement urea. 'i'nk perst,n has been referred to the Town/City to discuss development o, rions on this site. Weld County Comments:_ Y.,t c1 n N Irk , tG,yr�rLcx} ict-ta2.. WL tet-4e' ._s'r-A.Pf- .a a-ylvm.s IflW`rE We w `2)t Pt.M-fs 'Lev I c.v./ SNtu a ta?/-t 4` 1'3cx- 't-4 It> peO1,1E'-u—A4:3570 Lies rU4C A coN,rzoct Prior e47- w-', - Town/CityCommems: 7X1 Al("1417 /i;; r j Signat of Weld County Planner Signature of Representative +W,eIQ GOUMN-P13iNih ®(3p tiiiir 1. :•1555 N. 17th Avenue,Greeley, CO 80631 P(970„53-6100, Ext. 3540)+(970)304-6498 Fax ,1ia!i � 1 V9/ FIELD CHECK inspection date: January 22, 2001 CASE NUMBER: SPR 341 APPLICANT: Ruben Rodriguez LEGAL DESCRIPTION: Pt W2 SW4Section 29, Township 2 North, Range 66 West of the 6th PM, Weld County, CO LOCATION: North of and adjacent to WCR 16; east of and adjacent to SH 85 Zoning Land Use N Commercial C-2 N HOAD, Inc. E A (Agricultural) E RR tracks/ agricultural lands S City of Fort Lupton S A&W Auto Sales W A (Agricultural) W SH 85 COMMENTS: Property was the former Formby Ford dealership mature landscape treatment with overhead area lights parking area is paved with curb stops adjacent to building rear of structure is service bay facility surrounded by 6 foot cyclone fence Show room building has a brick facade with two entrances Service bay has roll-up doors and is attached to show room second garage is to the north, with three bays and one man door. This building is on property line, probably does not meet setbacks access road is paved to HOAD, Inc. property WCR 16 is paved. WCR 16 at SH 85 is an uncontrolled intersection with stop signs only Site appears to have existing utilities. Site has a few NCJY items, i.e., tires, camper shell, pick-up bed, drums Kim Ogle, Planner SITE PLAN REVIEW APPLICATION Application Fee 400•q2 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: ar ' =c1 (Attach separate sheet if necessary) PARCEL NUMBER: ; 01_2 i_..1.2122 ,1"_ (12 digit number found on Tax I.D. Number or obtained in the Assessor's Office.PROPERTY ADDRESS(if available) Pr)1 S V.aG(2-*\fs rt 11+...9'-7h Co '3-0402_1 PRESENT ZONE C2a CO rhrv‘.&'cC RS OVERLAY ZONES TOTAL ACREAGE t 1 PROPOSED USE �` 0 1/O,-‘1+1/O,-‘1+ /Nha1'Kt Cluu.h PROPERTY OWNER:,' tt Name: Ern rr2-k# v+-0b10— Address: 00-Pi Sr City -FA W-tV r\ Zip Cepa Home Telephone Business Telephone APPLICANT OR AUTHORIZED AGENT(if different than above): Name: Rt n ll�^^11 tivraa Address: c 3 UCLrk --v c CT City (� --)-1-0-n Zip 730Co2_ Home Telephone — ¶ST-CI b 1 O Business Telephone 35} "1 Li C2 T I hereby depose and state under the penalties of perjury that all statem>'ts, proposals and/or plans submitted with or contained within the application are true and corn- o e • st . f my knowledge. Ilk. ,/GPs Sign-LiT:: n='T•r Auth,'rized Agent 9 2/` � ()7 • SITE PLAN CERTIFICATION I hereby certify that the uses, buildings, and structures located on: Pao sv i Il4 S W `/i-# ce&*i ZA- > Z f kYf Evl I �c�r"li mare Wei„ o Prune-Tail Cfirtick&9 l description) old C:a\es -01s ep designed and will be cc5thstruc ed and operated in accordance with the applicable performance // standards and district requirements for the 1�71AX\--v� Q k}-d i — zone district as stated in the Weld County Zoning Ordinance 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. i / f Pro rty Owner The foregoing instrument was subscribed and sworn to before me this day of Q F t�00 , by kit.JLA �. ko(-IAA C9 J C WITNESS my hand and official seal. My Commission expiresI0 (9-R06 2 A-tcdr , tip , �1 o ry Public 5t-a 6LLA-`taL aA 10 BUSINESS PLAN EL REVENTON RESTAURANT NIGHT CLUB 13015 WELD COUNTY RD16 FT LUPTON CO 80621 303-717-0295 RUBEN RODRIGUEZ OWNER STRATEGY 1. Operate a Mexican restaurant/night club in the area that will be convenient for the persons in the Weld County area. 2. Offer quality Mexican dishes in a warm and vibrant atmosphere. 3. Offer Mexican dancing and entertainment for the persons in the Weld County area. 4. Provide television and cable viewing to draw clients during sports events. 5. Hire local known talent to provide entertainment and attract the following. 6. Implement and aggressive marketing and advertising plan to promote awareness and attract clientele from towns in the Weld County. PRE-OPENING 1. Site plan review completed by March 18, 2001. 2. Opening day May 15, 2001 SOURCES AND USES OF FINANCING 1. Financing provided by owner to secure the building. 2. Bank loan for renovation. 3. Operating capitol to come from owners savings. RETURS 1. 1 Year Sales brake-even point 2. 2 Years 20 % on equity. 3. 5 Years 34% on equity. DESCRIPTION OF BUSINESS HISTORY The RJML LLC Has been in the making for one year, the concept was developed by Ruben J. Rodriguez, The past year has involved the search for suitable site in the Weld County area. The site has been located at 13015 Weld Road 16 Ft Lupton Colorado 80621. dpi SC/9/ OWNERSHIP STRACTURE Ruben Rodriguez will serve as President, Treasurer and Operating Manager of the Restaurant- Night Club Mr Rodriguez owns 50%of the business.. Maria L, Rodriguez, Ruben's wife will serve as Kitchen Manager, Mrs Rodriguez owns 50% of the business. KEY PERSONNEL Ruben Rodriguez will serve as President and Operating Manager of the Reventon Restaurant and Night Club. Mr Rodriguez currently works as a Manager at the Lucky Star Restaurant Bar and Grill but will quit this job to operate his business full time. Mr. Rodriguez has about twelve years experience in the restaurant and entertainment business. Maria Rodriguez, Ruben's wife will be bringing her experience as a cook to the kitchen operation, The lunch and dinner menu will be derived from recipes that have been prepared in the family for generations. Mrs. Rodriguez will also manage the cooks and waitress. Delia Silva and Evangelina Becerra will serve as cooks and food prepare. One other cook will be hired. Waiter and waitress will be hired as needed plan to hire four for the restaurant and four for the night club.. Jesus Silva, Fernado Lujan and Heriberto Lujan will serve as bartenders all of these individuals have many years of experience as bartenders. One or two more will be hired as needed. FINANCIAL HISTORY RECORDS There is no financial history as this is a new business. MARKET ANALYSIS Geography/Demographics The population of the Weld County is approximately 135,500 It is estimates that 29% of the Weld County population is of Hispanic descent(includes metro Greeley area) based on this data. Forty two percent of this population estimated to be between the ages of 22 to 44 years which is the target market age group. / 9/ CUSTOMERS. The target market for the restaurant will mostly be the workers in the five mile radius and drive bye busy high way 85. Market share. It is anticipated that the restaurant will command a large market share due to the fact that there not a similar establishment within ten mile radius. There is one Mexican restaurant/nightclub located within 15 miles, with no other competition of restaurant/nightclub with in five miles. Supply & Demand No significant competition can be identified providing both Mexican dining and music/entertainment in the near vicinity. A non-scientific survey has been conducted in the community by the owners which indicates that many persons in the designated target market travel a long distances, i.e. to Denver,to find quality nightclub entertainment. Assumptions The anticipated success of this venture is based on certain assumptions. They are: 1. It is assumed that since there is a large Hispanic population in the Weld County area, that there is a demand for both Mexican food and entertainment. It is also assumed that the demand is not being satisfied by the competition due to poor inadequate service and lack of effective marketing. 2. It is assumed that persons living in the Weld County will discontinue traveling to their favorite night spots in Denver and other areas, if good quality entertainment and dancing is offered to them in the Weld County Ft-Lupton area. 3. It is assumed that the location will attract customers from every where during business hours. Business Growth Factors No data was made available on growth figures in the Hispanic community. Price Structure A survey has been done in local restaurants to determine target prices for the menu and drinks so that they will be competitively priced with local industry standers. r. MARKETING STATEGY/TIMING The Company has arranged to advertise and promote the restaurant and nightclub with print advertising, radio spots and local cable stations. Mr Rodriguez has done a considerable amount of volunteer work for a Greeley radio station. The Radio's audience is primarily Spanish speaking in the age group the night club will be targeting. Advertising will start 3 to 4 weeks prior to the grand opening and continue consistently on a contractual basis with the radio station. The flyers will be distributed constantly. Special discounts will be offered regularly. Cross-marketing will be utilized to promote the restaurant to night club customers. The key component of this strategy will encompass point-of-sale advertising and offering of specials to customers of both services. Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 12-11—0O 1111 H Street,P.O.Box 758, Greeley, CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 1. Applicant Name R1vIev\3- i.ncl1v\Ctur2 Phone1 -r5-4Z-5.-7.--(4 nc Address �3a l^r r Lti GT City r 1-State C.Q.Zip 9�( )f e2 2. Address or lgc on of access ( SO t S C *k Co C'" �,. 3- v'.v Ca OCo2 1 Section 1-71 CL-7C- 2 Township 2- Mrri Range (aG7 tLYPS" Subdivision 90S--1,._R eft-Mil- VrtncNcl- Mcvt-rA.X.cx-A-+ Block Lot Weld County Road # \ (_n Side of Road Distance from nearest intersection (C)C) `ruC\S 3. Is there an existing access to the property? Yes No_ #of accesses ? 4. Prgposed Use: a Permanent O Residential/Ag-icultural O Industrial • O Temporary O Subdivision O Commercial O Other *************************fit**********************************************t************************i******* 5. Site Sketch Legend for Access Description: ii „9", AG= AgriculturalL sb i . RES = Residential EoxiaBADO llie O&G = Oil& Gas D.R. = Ditch Road O = House A O = Shed do 7 ( Fe'n Q_Akc0 • 7s *******„..********•,,,,.....***„... (_. *********************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions O Installation authorized O Information Insufficient Reviewed By: - Title: m:wp fil es\engineer\access a SIX SITE PLAN REVIEW PLAT A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The plat shall be submitted to the planner and be ready for recording at the Weld County Clerk and Recorder's Office within 30 days of approval. The plat shall meet the following requirements: 1. The plat shall be delineated in non-fading permanent black ink on a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality, three millimeters or greater in thickness. The size of each shall be twenty-four inches (24") in height by thirty-six (36") in width. No plat submitted shall contain any form of stick-on-type material such as "sticky-back", adhesive film, or kroy lettering tape. The drawing shall be at sufficient scale to show all necessary detail. 2. A photo mylar copy or diazo sensitized mylar copy of the original ink drawing may be submitted. The material shall be at least three (3) mils or greater in thickness. 3. The plat submitted will contain the original signatures and seals of all parties required to sign the plat. If a photo mylar copy or diazo sensitized mylar copy is submitted, the original signatures and seals shall be contained thereon. 4. The plat shall be titled, "Site Plan Review No. 11. The Department of Planning Services shall fill in the appropriate number. 5. The plat shall include all of the items approved in the Site Plan Review map. 6. The plat shall bear the following certifications: A. Property Owner's Certificate: I , the undersigned, certify that the uses, buildings, and structures located on this Site Plan Review are designed and will be constructed and operated in accorda ce with t e applicable performance standards and district requirements for the Zone District as stated in the Weld County Zoning Ordinance and in accordance wit any conditions imposed by the Board of Cou Commissioners at the time the property was zoned or rezoned. I understa my f ilure to comply with the performance standards and/or any conditions ul result in the county initiating a compliance action against me. �r a Prop Owner (� The foregoi rg instrume t was s scribed and sworn $Q be efor.ecymethis_i day of oa?by Kocth+ 0 0' WITNESS my hand and official seal, My Commission expires:f O (. d0 Oa a u lic t� V� t 'COLr 7 ,--. %a Pat Nc,„ t6.0--Oiktir Ek 447r 414,440 5-- t6x(o I ox 1 to •tt, ` ,.. I E tst 5012.. WGodIQia I ox\C I ox ‘S- B a-L. - 1 l�-� I axUp' f� "1n� 5 73 I i�, 1O SSA. I �_ r - - - V - . z '4 p E v� i _ H 6c\cs r .,.. :3 to\... c:..t.,. . %a:r `mil tSzsz, —11 girli _ 2J NOV-12-2001 09 :53 AM P. 02 MEMORANDUM TO: Weld County Inspection Department FROM: Ruben Rodriguez DATE: November 7, 2001 RE. El Reventon Night Club- Fort Lupton Colorado This Letter is to Informed the Weld County Inspection Department-Planning Department the following Anthony Bueno from A.B. Construction LLC. Is my General Contractor therefore I am authorizing Tony to resolve any matter related to EL Reventon Night Club project SPR-341 Tony in his duty as General Contractor will help and assist me with any issues related to SPR-341 if you have any questions please call me at 303-717-0295 for any issues related to the building, permits etc, call Tony at 303-210-9970. Sinc ly iguez The applicant would ask that if all outstanding issues have been addressed and submitted that they would be allowed to start clean-up, demolition and general construction of the site and improvements. Should you have any further questions please contact me at 303-210-9970. Sincerely, /p Tony Bueno AB Construction LLC O9OO/-(5 C/?/ i APPLICATION REQUIREMENTS FOR A SITE PLAN it The purpose of the applicationREVIEW ik graphic m afroh how o is to give the app//cant an opportunity ylze iohocomplieshto demonstrate thr with the standards of the following suppo>��documents shall be submitted as Weld Coun �� wntten t Site Saar a County Zoning warn Review application part of the application- 1. 2. '(included in his packet); A signed and rloti Site Pbrtu Review certification � form(included in A at a dam' on legal! instrumentMhis Racket): consideration; den'tu the applicant's interest 4' A party wan agreement rest in the property under separate ownership; and legs doccri v pfor� nor disp{Px ar triplex uses where units are 5. A condo declaration and legal held fi 6. 9 description for the condo, if a A detailed description of the applicable; 7 proposed use; The applicant shall submit evidence that the use in the zone district shall have an of potable water and meet the requirements urrements of the zone district; The applicant shall sub adequate source disposal fapplicant s and submit evidence that the d meet the requirementsuhe in the zone district shall an have ads on the the applicant shallinclude id them district. If there is located dton can site,obtained th from adequate sewage informg the Weld County application a copy of the existing septic system A completed Weld Health Department; septic permit. This County Road Access Information Sheet(included in this packet); 10. The number of employees associated with the 11. A statement indicating use. the zone district; that the proposed use meets the required setback and offset re 12. A generalized sketch of buildin requirements of A buildings proposed g elevations de n sufficient detail to el exhi the bit t the relative with thet b character of the h size v and o surrounding exterior construction 13. Aland uses; compatibility of the materials any proposed site 614 . A plan aess describing of the proposed signs e de n\r � attachment to the building sign(s) g drawn to an lines andg or d and sign structure along scale which shall Q buildings tg with the method rofe construction p end ,�V r P and structures on The position and distance of the sign(s)e in relation to 14. Statements building permit; Site Plan Review property describing that the landscape map, All A. requirements listed below have been The lot shall adhere to the Maximum Lot Coverage it is located in, meet: as shown in the Bulk Requirements s requirements ofC the zonedistrictZoning in Land shall not be deemed quirements in the flowers if it is d covered if it is Weld Coun which otherwise suitably landscaped; for growing�rass Zoning Ordinance. ,�\\�'� B That Ped; , shrubs, trees, plants or \ Portion of a LOT in the zone district which abuts S i� f�� shall have a minimum fifteen overned by a more restrictive landscapef 5) foot wide landscape public or private street right-of-way \ setback containe ii setback, unless theLOT hts an overlay district. The landscape 2 setback is measured at a right angle from the existing or planned future right-of-way to any parking lot, fencing, storage area, or structure. Sidewalks and driveways may pass through the required LANDSCAPE setback. C. Landscaping techniques shall be utilized in design of parking lots to aid in buffering parking lots from roadways; D. The applicant shall submit to the Department of Planning Services a detailed landscaping plan delineating the existing and proposed trees, shrubs, ground covers, natural features such as rock outcroppings, and other landscaping elements. The plan shall show where landscaping exists or will be located along with planting and construction details, species name and size. Where existing plantings are to be retained, the applicant shall include in the plans proposed methods of protecting the plantings during construction; E. The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed landscaping on the site; 15. A statement accompanied by evidence explaining how the storm water runoff will be handled. If physical changes to the site are proposed (grading, paving, increased roof areas, etc.)then evidence, maps, and calculations explaining how storm water retention facilities are designed to retain the storm water runoff in excess of the historic flow from the undeveloped site shall be designed for a 100 year storm and release retained water at a rate not to exceed a five year storm falling on the undeveloped site; 16. A statement explaining that the proposed use, building or structure meets the Off-Street Parking Requirements listed in Section 41 of this Ordinance. Sufficient screened, off-street, paved parking areas shall be provided in all districts; 17. A statement explaining that the loading/service areas in all districts shall be located, designed, and constructed in a manner that is in conformance with the standards below: 18. Sufficient space shall be provided in loading/service areas to accommodate the vehicles being loaded or unloaded without encroachment upon neighboring property or rights-of-way. Loading/service areas shall be paved; 19. Loading areas located within the I-1 and 1-2 Districts shall be designed to comply with the appropriate use regulations under either Section 34.2 or Section 34.3 of this Ordinance; 20 A statement explaining that the lot shall have safe access to an approved public or private street. The design designation of a street or highway as to type shall be in conformance with that shown on the Weld County Transportation Plan and/or the Master Plan of the affected municipality; 21 A statement explaining that new accesses to public rights-of-way shall be constructed using the minimum standards below. Designs exceeding these minimums may be required by the Weld County Public Works Department depending upon the number and type of vehicles generated by the use proposed; A. Size of drainage structure - 15 inches minimum in diameter; B. Length of drainage structure-20 foot minimum; C. Depth of cover over pipe- 12 inches; D. Width of access - 10 - 15 feet for a one-way single access, 24 foot minimum for two-way traffic; 3 aco/-L3Y9/ E. Maximum grade of access - 15 percent; F. Flare radius -20 foot minimum in a residential zone district, 40 foot minimum in commercial and industrial zone districts; G. Depth of surfacing - per engineered design and subject to approval by Weld County Public Works Department; 22. A statement explaining how acceleration/deceleration lanes, when required by the Weld County Public Works Department or the Colorado Department of Transportation, will provide safe, efficient access to arterial or collector streets; 23. A statement explaining that the trash collection areas or facilities are located, designed, and used in a manner that shall meet the requirements of the zone district; 24. A statement explaining that the use conforms with the following operation standards to the extent that they are affected by location, layout, and design prior to construction and operation. Once operational, the use shall conform to the standards listed below: A. Noise. uses and structures in the Commercial and Industrial Districts shall be located, designed, and operated in accordance with the noise standards as established in 25-12-101 C.R.S.; B. Air Quality. USES in the Commercial and Industrial Districts shall be located, designed, and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission; C. Water Quality. USES in the Commercial and Industrial Districts shall be located, designed, and operated in accordance with 1ft the standards established by the Colorado Water Quality Control Commission; D. Radiation and Radioactive Materials. The handling, use, storage, and processing of radioactive materials shall be in accordance with the applicable regulations of the State of Colorado and the United States Government; E. Heat. Uses located within the Commercial and Industrial Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the lot line more than five (5) degrees Fahrenheit; G. Glare. Any lighting used to illuminate an off-street parking area, outside storage area, outside activity area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone and from county roads. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties; neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS; no colored lights may be used which may be confused with or construed as traffic control devices; H. Property Maintenance. All property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not allow the growth of NOXIOUS WEEDS. 4 SOO / "SC/9/ SITE PLAN REVIEW MAP 1. SITE PLAN REVIEW APPLICATION ATTACHED. 2. A SIGNED AND NOTORIZED SITE PLAN REVIEW CERTIFICATION ATTACHED 3. A COPY OF A DEED OR LEGAL INSTRUMENT IDENTIFYING THE APPLICANTS INTREST IN THE PROPERITY ATTACHED. 4. DOES NOT APPLY. 5. DOES NOT APPLY. 6. SEE BUSINESS PLAN ATTACHED. 7. A COPY OF THE WELL PERMIT ATTACHED. 8. A COPY OF THE SEWER PERMIT ATTACHED. 9. A COMPLETED WELD COUNTY ROAD ACCESS INFORMATION SHEET ATTACHED. 10. THE NUMBER OF EMPLOYEES ASSOCIATED WITH THE USE ESTIMATED NUMBER TWENTY FIVE "25" 11. THE SET BACKS ARE WITH IN REQUIREMENTS, SEE PRINT. 12. SEE PAGE IA ATTACHED FOR ELEVATIONS. 13. SEE PAGE 2A ATTACHED FOR SIGNSGE SIGN SIZE 4 BY 12 THE DICTANCE BETWEEN ROOF AND SIGN IS ABOUT 10' FEET a7°A- 9/9/ 14. REQUIREMENTS FOR LANDSCAPE HAVE BEEN MET SEE PICTURES ATTACHED ON PAGE 3A A SEE PICTURES ON PAGE 3A A B WITH IN REQUIREMENTS SEE PICTURES ON PAGE A C PARKING LOT AND LANDSCAPE ALREADY EXIST. D. SAME AS C E. SPRLINKLER SYSTEM IN PLACE. 15. PARKING LOT ALREDY EXISTS. N/A 16. THE PREMISE HAS A VERY GOOD SIZE PARKING FACILITY IT WILL NOT REQUIRE OFF STREET PARKING. 17. N/A 18. N/A NOT MUCH LOADING UNLODING FOR A RESTAURANT/ NIGHT CLUB 19. N/A 20. THE ACCESS TO PUBLIC ROAD IT'S SAFE AND IT COMPLIES TO WELD COUNTY TRANSPORTATION RULES. SR e, - ,.�1 21. EXISTING FOR A,B,C,D,E,F AND IT COMPLIES WITH WELD COUNTY'S REQUIREMENTS. 22. . O200/— c°-3 x,9 23. ALREDY IN PLACE ON THE NORTH SIDE OF THE BUILDING ABOUT 25 YARDS NORTH OF THE BUILDING BY FANCE. 24. THE ZONING IS A C-3 A NOISE NORMAL B. AIR QUALITY NORMAL IN CONFORMANCE C. WATER QUALITY WELD WATER D. RADIATION AND RADIOACTIVE MATERIALS NONE E. HEAT NORMAL H PROPERITY MAINTANCE-A MAINTANCE PLAN WILL BE IN PLACE. c20O/-3 C/9/ ;ent By: ALHHA bNG; ^ 3ua tint Li/u/; Sep-1gi+U :]:4y(-M; rage 1 /1 .o: HIGH PLNS At: 3038' `38 NATIONAL FLOOD INSURANCE PROGRAM H FIRM FLOOD INSURANCE RATE MAP WELD COUNTY, COLORADO 1 I UNINCORPORATED AREA PANEL 868 OF 1075 (SEE MAP INDEX POP PANELS NOT PRINTED) • • COMMUNITY-PANEL NUMBER 080266 0868 C MAP REVISED: SEPTEMBER 28, 1982 federal emergency management agency c2C0/ ` V//j - Colorado Department of Public Hea, ,nd Environment WATER QUALITY CONTROL DIVISION WQCD-TS-82-Technical Services Unit 4300 Cherry Creek Drive South Denver.Colorado 60246-1530 - (303)692-3500 100 YEAR FLOOD PLAIN CERTIFICATION This Statement must accompany all Requests for Review, plans and specifications for water wells and/or water treatment facilities submitted to the Colorado Department of Public Health end Environment PROJECT TITLE: EL R V "�/TON N/G%7 at& County L'I/Z-L O CONSULTANT; /`//c/J FL-47//ts ,Eir/G-'/A/ ,C/icco' STATEMENT I hereby certify that a Professional Engineering judgment has been made after evaluating all available flood plain data from the Colorado Water Conservation Board, U.S.Army Corps of Engineers,Housing and Urban Development,County Government.local flood district, etc.regarding a potential 100-year flood threat to the (Well octreeaat) for Name of entity or district etc. In my opinion,these water works as located and designed, are not subject to flood damage by a 100-year event,based on information enclosed from the A1,4 /NSv.¢y,✓c'a Pe oG2Anc Gomm Pw'6t_/✓ OSO2�;10 0868 C. Amp 2r-vraa s,or28 /vse, (Signature and TNe) _tig0 ei •di p • !2330 �� Community Systems: Professional Engineer's Stamp AFBLS•• Date: 3 aerr 0200/ SC/9/ SEP-12-2001 02 :22 PM ^ ^ 34-A .� P. 01 1 i ' '� A ti� ��,�`�h u b��y.. FTM n'\ l I' • SECRETARIAOE 'y'. w REtAC10NE5 ''4.' ' CONSULADO GENERAL DC MEXICO. i EXTERICRES M..I f , DENVER, COLORADO. Num.707 Denver, Colorado Aug 30, 2001. Building Inspection&permits 1100 10 th Street, Suite 102. I7..5N. 11" ,I 'VENUE Greely, Colorado. 80631. i Chief inspector, City Clcik'soffice. / etctCoc.trtL1 . pctrtvne.rt* Cif?lcl not ticjSrvic:. The Consulate General of Mexico has been contacted by Mr. Manuel Mantiquez and by Mr. Ruben J. Rodriguez, both Mexican nationals. Their request is related to their intention to get/retain a liquor licence for thier establishments. Both Mr. Manriques and Mr. Rodriguez have complained about what they call unfair acts performed by the off ce of liquor licencing. The Consulate General will appreciate if you could let us know how their cases develop. Until then I remain, Sincerely, fdt . ' I Letielt alzada Gomez Consul General, Ruben J Rodriguez. Manuel Manriquez 232 Elizabeth st. 404 N. Garden Court. Ft. Lupton Colo, 80621. Plateville, Co 80651 Telephone (303 ) 857 4870 Jchr, rpg.. Ktm Cure ' ` A .IZItnIS 'Rent-r.) tin , i_ , /O/ MEMORANDUM To: Ms. Diane Houghtaling, Weld County Traffic Engineer From: Ruben J. Rodriguez Owner El Reventon Date: April 30, 2001 RE: El Reventon Night Club-Fort Lupton Colorado Dear Diane, first I would like to thank you for the opportunity to meet with me at the Proposed site for El Reventon in Fort Lupton. The Proposed use is for a nightclub as follows. 1 I would like to get some time to make the improvements to Denver Avenue North of 141/2 to road 16, I would like a period of two (2)years this would give me same time to open the business and generate some cash from the business. 2 We agree to have One(1) or more Security Officers directing the traffic at the end of the dance night or at closing of the business. 3 We agree to open an entrance to the property on the South part of the Parking lot into Road 16 the plans are completed and ready to be implemented. 4 We agree to close the entrances to the parking lot by setting orange cones on the west side of the parking area, or current entrances this way only one new proposed entrance will be used and it will be easier for the Patrol patrolling the or directing the traffic. 5 We discussed the area where this entrance will be more appriate an we decided that it would be more appropriate at the end of the landscape by the light post on the south side of the parking lot.. 6 We also talked about the area where the trash will be kept it will be kept on the north—east of the building by hod's fence, the trash will be kept with screening around it. 7 My goal is to have a good business, and I want to make sure the safety of patrons and employees is met; I will appreciate any input from you. Sincerely Ru driguez High Plains Engineering a"111 735 Denver Avenue • Fort Lupton CO 80621 '1,' Phone 303-857-9280 • Fax 303-857-9238 April 13, 2001 Mr. Ruben Rodriguez 232 Elizabeth Court Fort Lupton, CO 80621 RE: Evaluation of the existing drainage, water storage for fire protection, proposed driveway, and structural comments for the El Reventon Restaurant and Night Club at 13015 WCR 16, Fort Lupton, Colorado To Whom It May Concern: The drainage at this site is considered historic flows, as this is an existing site with the buildings and asphalt paving in place (see diagram). The site is split into two drainage basins. The west basin flows to the northwest and enters the Highway 85 drainage ditch flowing north. The east basin flows to the east to the "Railroad Lease" area, which is a gravel-surfaced area that accepts the water at historic infiltration rates. The proposed El Reventon Restaurant and Night Club will not create any new impervious surfaces to this drainage area. The existing flows shall be considered historic and a detention area will not be required. A 9000-gallon tank (minimum) will be placed in the steel building to the north of the proposed El Reventon Restaurant and Night Club for the 12,720 square foot building sprinkler system for fire protection. The proposed 32' wide driveway will be placed 10' from the east property line on the south property line adjacent to WCR 16. The existing building that will be used as the Restaurant/Night Club is a free standing steel building with 1:12 roof slopes. Sincerely, 48 : Todd M. Schroeder, P 4: „arc/ -37/ n ►pO1IC[: t`112 FORT LUPTON POLICE DEPARTMENT I,''" rOlcit .* 130 South McKinley Avenue, Fort Lupton, Colorado 80621 303-857-4011 • Greeley 970-356-9225 • Fax 303-857-2703 Weld County Planning Dap t. December 11, 2001 DEC 20',A Mr. Kim Ogle Weld County Planning Services RECEIVED 1555 N. 17"'Avenue Greeley, CO 80631 Dear Mr. Ogle, This letter is sent in response to your request for a review by the Fort Lupton Police Department of the proposed El Reventon Night Club located at 13015 Weld County Road 16. After reviewing the available data and making a site visit, we have the following concerns: • The site is not located within the city limits of Fort Lupton, therefore the Police Department does not have jurisdiction at that location. This site is served by the Weld County Sheriffs Office and the Colorado State Patrol. These organizations should also be contacted for their input. • The proposed use will generate large crowds of customers, virtually all of whom will come and go by motor vehicle. Many of those driving will also have consumed alcoholic beverages. The close proximity of the site to a heavily traveled highway combined with other traffic issues creates a serious traffic safety problem. • Large crowds of people who drink alcohol tend to be unruly. The Weld County Sheriff has primary jurisdiction and their ability to respond to a disturbance with a peak capacity crowd of 600 patrons is a concern. The ability of the Fort Lupton Police Department to respond and handle such disturbances at this location is minimal. Our protocol, if we respond, will be attempt to contain the problem, but our primary duty is to serve the citizens of Fort Lupton. Based upon our concerns, we have the following recommendations: • Require the night club to have uniformed security personnel on duty anytime the customer count exceeds 50 people. There should be one uniformed security officer on duty for every 50 patrons. • The street lighting in the area of the proposed night club is virtually non-existent. Street lights should be placed both on Weld County Road 16 and U.S. 85 to help illuminate the roadway and the adjacent railroad crossing. • A protective traffic crash barrier should be installed between northbound U.S. 85 and the site. 1' • The primary access point to the site appears to be on Weld County Road 16. This road is of insufficient design to accommodate the anticipated number of vehicles entering and exiting the site during peak periods. Traffic congestion will be a significant problem. Widen the road and install a turn lane into the site. • The intersection of U.S. Highway 85 and Weld County Road 16 will be a deathtrap as it is presently configured. A traffic signal should be installed at this location to facilitate the safe flow of traffic. Thank you for the opportunity to review this proposed development. If you have any questions or concerns regarding this matter, Please do not hesitate to contact me. Sincerely, Al Sharon Chief of Police cc: Brian Funderburk, City Administrator, City of Fort Lupton Brian Grubb, Planner, City of Fort Lupton Bill Wallace, City Attorney, City of Fort Lupton -2/I9/.--( 51?//-( 519/ retLP-H- MEMORANDUM ' TO: Kim Ogle, Planner III DATE: Novemberr 14, 2001 O FROM: Donald Carroll, Engineering Administrator G� C. SUBJECT: SPR-341; El Reventon Restaurant COLORADO In referring to Diane Houghtaling's memo dated January 15, 2001 , one of the development conditions was to provide a drainage statement for the facility. This statement shall be stamped and signed by a professional engineer registered in the State of Colorado. The applicant has provided a drainage statement from Todd Schroeder with High Plains Engineering. This meets the requirement for the condition. pc: SPR-341 ,►e1d Goo,"" Deft. C° Y ,j\ ` 7 MAW PFI LES\DON-C\PLAN5SPR.W PD ' C. M EM O COLORADO From: Monica Daniels-Mika Date: Wednesday, September 26, 2001 Subject: Meeting with Mr. & Mrs. Reuben Rodriguez and Manuel Discussed were Mr. Rodriguez concerns with lack of communication on a site plan. Mr. Rodriguez had a map that he intended to submit. Also included was a letter dated June 2001 that stated which of the Conditions of Approval that had been met and what ones that needed to be completed. Mr. Rodriguez and Mrs. Mika went through the letter completely discussing what was still needed. Mr. Rodriguez was concerned he was not receiving adequate assistance in the process. Mrs. Mika explained that it was the applicants' responsibility to provide the required information in order to satisfy the site plan review conditions. Mr. Rodriguez stated that he had already done what was required. Mrs. Mika reiterated that she believes he has done all that was required but the Department of Planning Services needs to see documentation to substantiate his claims. Some of the areas of concern in the Conditions of Approval were transportation, access and off site collateral requirements for future access. Mr. Rodriguez stated that he had been in contact with Diane Houghtaling addressing those issues. He was asked to provide written documentation from Diane Houghtaling addressing what the changes are. Another condition addressed was landscaping. The site is already landscaped and Mr. Rodriguez was asked to provide further information including a general description with the common names of the existing plants. There would be no need to give the botanical or species name. There were additional conditions that needed to be signed off from law enforcement, fire department, state and water providers on the site. Mr. Rodriguez stated he has met these requirements and would forward that information to the Dept of Planning Services immediately. Mrs. Mika discussed the concern associated with the building permit. Mr. Rodriguez seemed to be aware of the information requested. Mr. Rodriguez did not understand he needed to provide the needed information about the electrical plan as soon as possible. This information had been requested by Roger Vigil and had not been submitted. Mr. Rodriguez is in a severe time crunch needing to get this plan finalized and the building permit issued. He asked when he could get this. Mrs. Mika explained that all of the Conditions of Approval had to be met before any permit could be issued or plan signed off. Mrs. Mika believed that the applicant understood. The requirements were explained a second time to make sure that the applicant was fully aware. Mr. Rodriguez stated he would have the needed information to the Dept of Planning Services within a week. a DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 OPhone: (970) 35353-616100, Ext. 3540 Fax: (970) 304-6498 COLORADO September 20, 2001 Secretary of Exterior Relations Mexican Consulate do Ms. Leticia Calzada Gomez 48 Steele Denver, CO 80206-5706 Subject: LC0044, Formby, Emmett & Catherine(dba/El Reventon Night Club) Dear Ms. Leticia Calzada Gomez: Please be advised that upon further research, a Site Plan Review application was indeed submitted in January of 2001 by Mr. Rodriguez. I apologize for the misunderstanding. Even though his application was indeed submitted, he has not responded to the attached letter(dated June 6, 2001) listing out staff's concerns/conditions regarding the application. Until those items are addressed the application is not considered complete and therefore is currently invalid. Mr. Rodriguez has requested a meeting with Monica Mika-Daniels,the Director of the Department of Planning Services and Building Inspections. I believe this meeting is scheduled to occur towards the middle of next week. It would be beneficial to Mr. Rodriguez to address the concerns/conditions as listed in the June 2001 letter prior to that meeting. If you have any questions or concerns regarding the above information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that 1 may reserve a sufficient amount of time with you. Sincerely, C� Bethany Salzman Zoning Compliance Officer pc: SPR-341 LC0044 Department of Planning Services Clerk to the Board Bruce Barker, County Attorney Mr. Ruben Rodriguez Mr. Manuel Manriquez SERVICE,TEAMWORK.INTEGRITY,QUALITY Z,2a9/ ' </Li/ Kim Ogle El Reventon Night Club y Page 1 From: Diane M. Houghtaling To: Kim Ogle Date: 6/11/01 8:53AM Subject: El Reventon Night Club The traffic study is fine. It does not discuss the closure of WCR 16/US 85. Are we still asking for that? e - ,(a �I Eric L. Bracke, P.E. Weld County Planning Dept. Transportation Engineering & Planning �� RECEIVED jUi1 i 12001 JUN Memorandum C 11,(�e N� s 2001 RECEIVED\ �� \, Pustn fl Y To: Ms. Diane Houghtaling, Weld County Traffic Engineer r w From: Eric L. Bracke, P.E. Traffic Engineer f ' . ,: Date: April 30, 2001 RE: El Reventon Night Club—Fort Lupton, Colorado N' • I have had an opportunity to review the El Reventon Night Club proposal in Fort Lupton, Colorado. The project is located on the northeast corner of Weld County Road 16 and US 85. There is an existing structure on the property and access is currently served via two curb cuts along the frontage road. The proposed use is for a nightclub activity with food service as required under the State's liquor laws. There is a potential for a restaurant in the future depending on the success of the nightclub. Under the present proposed use, the owner of the property, Mr. Rodriquez expects to have approximately 100 customers per night between Monday and Thursday. The weekend crowd expected to rise to a 600-customer level. I am not aware of any studies that document the auto-occupancy of the people who visit nightclubs. However, it is common that many of people attend the clubs in groups. I am of the opinion that it is a fair and conservative assumption to assume that the auto- occupancy rate of a nightclub use to be in the neighborhood of 2.5 people/vehicle. This rate would equate to approximately 80 trip ends per night during the week and 480 trip ends during the weekend. These trip ends (entering and exiting) are occurring over an approximately 6 hour period and all during the off peak hours of the state and county road system. Additionally, the arrival and departure of the vehicles is sporadic which spreads the amount of vehicles entering and exiting the site over a large block of time. There should be no roadway capacity issues associated with the proposed project. The frontage road that currently exists along US 85 is offset at WCR 16. This offset presents an awkward turning maneuver for both north and southbound traffic on the frontage road. Mr. Rodriguez has proposed to build an access onto WCR 16 on the east end of his property. The centerline of the proposed access would be approximately 293 II 2718 Granada Hills Drive * Fort Collins, CO 80525 * Phone (970) 225-0601 s feet from the stop bar at US 85 and approximately 108 feet from the north leg of the frontage road. This spacing of access points is more than adequate to serve the proposed use without any safety related problems. I have also looked at the eastbound left turning vehicles into the site via the new curb cut. Since the volumes on WCR 16 are minimal, the EB left turning vehicle is unlikely to encounter an opposing traffic flow. An auxiliary EB left turn lane on WCR 16 into the site will not be required. In addition to the new access point on WCR 15, Mr. Rodriquez has indicated to me that he will be closing the two access points on the frontage road when the nightclub is in operation. This will prevent the use of drivers from performing the awkward turning movement at WCR 16/frontage road intersection and thereby enhancing safety. Please feel free to contact me directly at (970) 225-0601 if you should need additional information. 2718 Granada Hills Drive * Fort Collins, CO 80525 * Phone (970) 225-0601 12, 2t a' =t/ist3C.) • ( l 14 1 - N N • • 7 r O? / 3/272/ 1 1 ti le. o• (M/N 0•(7 o z o'�J • TYPE 2 CURB & CUTTER I I I „ CITY OF FORT LUPTON, COLORADO ISSUED:June 1994 STANDARDS & SPECIFICATIONS IICI� % REVISED' t DRIVEWAY APRON DETAIL "a ARTERIAL/COLLECTOR STREET NO. T 500-16 MoD/-3(/* • 3 71.1�...... Xgs.vo . I .1+ LANDSCAPING- q3a� [STEELBUILDING ry n 1\ IC------- LOT I --->. INLET 9.7,9 _____A-____, 1 -------- ,,,,,, IRRIGATION DITCH ✓"\ 6' SOLO PVC PPE Nra � P FIG LOT < lULDMiCL \ . O r J . . Tip EX o � . Z x s • yk • A EXISTING FENCE . A I L R O /� lit- . (REMOVE) LEASE • coP UN sat El Reventon Restaurant an( 4"4r �, I Night Club at NN. c°'°,ti ` . 13015 WCR 16, Fort Luptc. c I p Colorado SCALE: 1" 40' EXISTING PROPOSED DRIVEWAY ORAI NAGS (SEE TYPICAL) uiro i r� 32 ,o,k— ,hoc/-- Y9/ riset cfel :, DEPARTMENT OF BUILDING INSPECTION PHONE (970) 353-6100, EXT.3562 FAX (970) 304-6498 WELD COUNTY ADMINISTRATIVE OFFICES 15 N. 17TH AVENU Iliac GREELEY5COLORADO 80631E COLORADO February 2, 2001 Weld County Department of Planning Services Attention: Kim Ogle Subject: Ruben Rodriguez, 13015 WCR 16 SPR: 341 Legal: Part of the W2SW4 of Section 29, T2N, R66W of the 6th PM, Weld County, CO Parcel Number: 1309 29 000034 Based on information provided he following comments are offered for SPR 341.The Nightclub/Restaurant shall meet all building code requirements for an A-2.1 occupancy. The following life, safety, health and public welfare building code concerns must be addressed: 1 Building construction type must be brought into compliance with a minimum of type II-1 hour construction—noncombustible construction throughout with a 1 hour fire resistive rating. (303.2.2.1) 2 Structural calculations shall be furnished substantiating that existing structure will meet minimum design load requirements for occupancy type and additional loading imposed by fire resistive construction. 2 Building will be required to be sprinklered throughout. (904.2.3) 3 Automatic sprinkler system shall be electrically monitored with an audible sprinkler flow alarm.(904.3) 4 Building must be in compliance with all requirements for fire flow rate,fire department access and fire codes as regulated by Fort Lupton Fire District. 5 Exiting shall meet all requirements of Chapter 10 of the building code. Means of egress will require panic hardware for doors, illuminated exit identification, emergency exit access illumination, as well as a 20 foot exit discharge right way that empties to a public way not less than 20 feet in width. (308.3) 6 Bathrooms shall be provided with 7 water closets and 3 lavatories for each sex bathroom. Facility shall be provided with a drinking fountain. Existing sanitary drainage piping shall be sized to accommodate drainage fixture load.Sanitary system shall not discharge into a class V injection well—large capacity septic system. (A 29 & EPA) 7 Kitchen server shall be provided with a commercial kitchen hood and a grease interceptor or trap as needed for food prep sinks. Grease interceptor or trap shall not discharge into septic system—class v injection well 8 Access to ,within, and egress from the building shall be accessible in accordance with Chapter 11 of 1997 UBC. Accessibility shall include and is not limited to plumbing fixtures, means of ingress and egress,elements within,accessibility to, site accessibility(parking and access), etc. Respectfully,R , Dennis Renley, Plans Exam ner Weld County Planning & Building Inspection Department 9/-AC 9/ ` !e'd County Planning Dept. MEMO 1 EB 5 2003 To: Kim Ogle, men Nanning RECEIVE , From: Rick Dil Subject: SPR-341 Ruben Rodriguez Date: February 1, 2001 I have reviewed this site plan with a proposed nightclub/restaurant use. The Sheriff's Office has concerns as the proposed use requires a high volume of law enforcement service. This particular applicant has been associated with several similar operations in the past throughout Weld County which have been problematic. Mr Rodriguez currently manages Club Romance in Lucerne and we are currently working extensively to mitigate call response at that location. That information is attached for your review. This location has large,potential markets within 30 minutes driving distance of Fort Lupton. Our past experience indicates "eventing" is an important marketing strategy through advance billings of bands and live music. Related vehicle traffic will be an important issue. While attachments include specific operational recommendations to mitigate call response by the Sheriffs Office, traffic flow and volume cannot be mitigated by operational agreements. The parking lot appears very adequate. However, a substantial volume of vehicles leaving the parking lot all must exit onto County Road 16 and then enter a divided, four lane highway. This intersection is somewhat unusual because it includes a frontage road terminating at CR 16 a few yards from the intersection with Hwy 85. Access to Highway 85 northbound is not likely to be problematic. However, access to southbound Highway 85 will cause this intersection to become very hazardous during those times of significant traffic volume attempting to enter southbound Hwy 85 from CR 16. This concern was not an issue with the previous site use which did not generate a high volume of traffic during darkness. For the reason stated, the Sheriffs Office does not believe this is a good commercial use of this site. Please call me if you have questions. • • ‘H-•••;.,(it Weld County Referral January 10, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ruben Rodriguez Case Number SPR-341 Please Reply By February 1, 2001 Planner Kim Ogle Project Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District. Legal Part of the W2SW4 of Section 29, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 16; east of SH 85. For a more precise location, see legal. Parcel Number 1309 29 000034 — 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 hays reviewed the request and find that it does/does not comply with our Comprehensive Plan ,,�❑i We have r et-iewed the request and find no conflicts with our interests. rSSee attached letter. Comments: Signature p Agency 7/(/t" 4_ cc/1>A /7S al? Date +Weld County Planning Dept. 4.1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 :•(970)304-6498 fax o{W/-SY9/ I-, 36 7ntsiz, i SAL Weld County Sheriff's Office Site Plan review Applicant: Rubin Rodriguez Case Number: SPR-341 Planner: Kim Ogle Project: Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District Legal Part of the W2SW4 of Section 29, township 2 North, Range 66 west of the 6`" P.M., Weld County, Colorado. Location North of and adjacent to WCR 16, east of SH 85. Parcel 1309 29 000034 Prepared by: Kenneth E. Poncelow Date January 26, 2001 0200/—Sc/9/ rs. On December 13, 2000 members of the Weld County Sheriff's Office meet with Rubin Rodriguez, who is currently working as a manager for a nightclub DBA Club Romance. This meeting was initiated because of the annual liquor licensing requirement. During this meeting several concerns were voiced by the Sheriff's Office in reference to the operation of the nightclub. These concerns were then discussed and corrective actions were agreed upon (SEE ATTACHMENT ONE.) In the later part of December 2000, Mr. Rodriguez met with the County Attorney and agreed to further conditions by resolution (SEE ATTACHMENT TWO). On January 15, 2001 the Board of Weld County Commissioners acting as the local liquor licensing authority set a show cause hearing for February 12, 2001 to determine renewal of the Club Romance liquor license. On January 24, 2001 Mr. Rodriguez and his attorneys met with members of the Sheriffs Office, the District Attorney's Office, The County Attorney's Office, the Colorado State Patrol, and the Colorado Liquor Enforcement Division to discuss county licensing for Club Romance. During this meeting the agreements between the Sheriff's Office and the conditions set forth by the resolution were discussed. Thus far, Mr. Rodriguez acting as the manager for Club Romance has fulfilled the requirements set forth by both the agreement and the conditions imposed. Mr. Rodriguez is now applying for this site plan review. On January 26, 2001 members of the Weld County Sheriffs Office met with Mr. Rodriguez at 13015 WCR 16, Fort Lupton, Colorado to discuss this site review. This site is an abandoned automobile dealership. The structure on the site is a large steel building consisting of a front finished area(the showroom) and a rear portion which was used as an automobile repair shop. There is a large paved parking lot which surrounds the entire building. The rear portion of the parking lot has a six foot chain link fence surrounding it. At the rear of the paved parking lot is a dirt parking area covered with road base. Within the building, Mr. Rodriguez advised that the front portion would house a restaurant with a commercial kitchen attached. The rear portion of the building would house the bar and dance floor. The rear portion is to be divided by a rope and security guards to separate adults with alcohol from minors in the establishment. During this meeting, Mr. Rodriguez agreed to several stipulations that would be imposed in conjunction with the Sheriff's Office recommendation for this site plan. The stipulations agreed to by Mr. Rodriguez are as follows: • that the occupancy load would be established by either the fire department or the zoning department and that the nightclub/restaurant would not exceed that occupancy load. • that the parking lot be painted to distinguish parking stalls for all patrons. • that there will be one parking stall for every four patrons as determined by the occupancy load. • that for every fifty patrons in the restaurant/nightclub there will be one armed security officer. • that security staff be equipped with an electronic communication system. • that an electronic surveillance system installed during the remodel of the building which will monitor the entire parking lot, the dance floor, the bar area, and the cash register area. • that the rear(east) parking lot will be illuminated at the same level as the front parking area(west). • that all outdoor lighting will be well maintained and kept in working order. • that each of the agreements reached between the Sheriff's Office and himself as manager of Club Romance on December 13, 2000 be observed at this site. • that each of the conditions set by resolution found in Attachment Two be observed at this site. • that the fence surrounding the west and south edges of the rear parking lot be taken down and that the fence on the east and north edges of the rear parking lot be left in place. • that there be another exit brought out of the parking lot onto WCR 16 with the approval of Weld County. The only other concern with this establishment is that at the close of business, numerous vehicles will be exiting its parking lot onto WCR 16 and then on to Highway 85. The intersection of WCR 16 and Highway 85 is only regulated by a stop sign and vehicles traveling north and south bound in this section of Highway 85 are traveling approximately 55 miles per hour. Additional traffic engineering may need to be recommended for this location to either the Colorado Department of Transportation and/or Weld County. ,,7W/ —S19/ ATTACHMENT ONE arccz,/ -K_vw Collective agreement between the Weld County Sheriffs Office and Romance,Inc. DBA Club Colorado 80646. Romance/Lucky Star 33131 Highway 85,Lucerne, Sheriffs Office and the On December 13, 2000 members gett Vi�eld County the bar Manuel er(The Manriquez, owner of Romance,Inc:(The Owner) and Ruben Rodriquez, Mana .or met to discuss concerns about the operation of the bar. Six o concerns were recti d ti identified and ns and possible solutions discussed. Each of the and the owner listed and manager of Romance,Inc. delineated. The Weld County Sheriff agreed upon these corrective actions. Concern 1. Minors obtaining alcohol while at Club Romance. Corrective actions: system to identify minors in their Club Romance is currently using a hand marking fice gmark minors hands with an."M" and establishment. This system has security is hands with an"A" using a permanent marker. This system is not working because adults individuals are altering bringing their owe marxer�. The owner and the mai�:ngs by of hand mark;ng that utilizes manager agree to purchase and begin using a system s and different colored inks changing nightly. This new system is to begin different stam p within one week. owner and manager agree to continue to hire three individuals nightly that will The do not consume alcohol. monitor juveniles while in their establishment to assure that they security officers beginning The Weld County Sheriff's Office agrees to provide training r � needed. This training will December 16, 2000 and continuing throughout the next y detection of alcohol consumption,reporting requirements, and delineation of include Bement. corrective actions listed in this agr hoto ra hing and posting photographs of The owner and manager agree to begin photographing g- p juveniles that are.caught with alcohol in their bar. PhotographstJ violating aso be taken ae'c d posted of adults providing alcohol to minors. Minors �of three months. This is to begin rules of the bar will be banned from the bar for a p'-� immediately. The Weld County Sheriffs Office will be called to arrest any adult caught providing alcohol to a minor in the bar. ce warning adults and juveniles A flyer will be designed by the Weld County Sheriff's f c,ohol by minors is a violation of that providing alcohol to minors-and consumption This flyer will be available the Colorado Revised Statutes ann of the possible penalties. by January 2, 2000. ee.to distribute the flyer to patrons of the bar several times The owner and manager agr of the bar. The first per month. Printing of the flyer will be the responsibility distribution of the flyer will be made by January 15, EXHIBIT "A" The owner and manager agree to post signs warning adults and juveniles that providing alc ohol to minors and consumption of alcohol by minors is a violation of the Colorado Revised Statutes and of the possiblepenalties. s f Concern 2. ba 'The condition of parking lot at the close of business. Business whenhb ropenothe bar complained that their parking lots are littered with debris they• for business the following mornings after the bar has operated. Corrective actions: The owner and manager agree to continue to hire two er the close of indi ssand ca ork in s the parking d king lot to assure that it is cleaned o prow de security in the parking lot. properly. These individuals The owner and manager agree to set up traffic cones to assure that their patrons park only in the ba.i. parking lot. This is to begin immediately. The owner and manager agree to pick up trash that is deposited n on i tY their business neighbors property by the bar's patrons. This is to begin i The owner and manager agree to provide one parking �Offtce front°o provide the sign age heir business that will be reserved for a sheriff's vehicle. The Sheriff's will be in place by January 2, 2001 for this parking stall. The parking stall and sign ag Concern 3. Overcrowding in the bar. Corrective action: will count each person coming into the The owner and manager agree that their security bar and that they will not exceed the occupancy limits. This has already begun. Concern 4. Over serving of patrons in the bar. Cvsiective action: The owner and manager agree to send all of their personnel I n the to week of February 200 a alcohol servers training program hosted by the Weld County Sheriffs Office The owner and manager agree to continue to send their personnel to alcohol servers training throughout the next year. ersonnel a video tape on serving alcohol The owner and manager agree to show their p and over serving immediately. and to discuss the issues involving underage drinking Concern 5. Violations found in their liquor inspection. Corrective action: The owner and manager agree to post their liquor and tobacco licenses in the proper location. The owner and manager agree to identify to correct the violaf o and correct these tions found in their latest volations. spection. The Sheriff s Office agrees to we rk with them to fY Concern 6. The Sheriff's Office has not been communicating with the bar. Corrective action: and owner monthly to discuss The Sheriff's Off ce agrees to meet with the manager concerns with the bar. L.__Ltz..(,--'2-e , / (-.4-1k.- --4. __ Manuel Manriquez(Owner) Date I I• J2-40'0O Date Rub o z a ) Vic ' Harbert (Deputy) Date /../ ---/Y-: - i �/�3 L22 '� .- __--1._ s D a e Kenneth E. Poncelow (Manager) 3 ATTACHMENT TWO Planning Dept. tri;) I Weld Cou y Referral CJanuary 10, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ruben Rodriguez Case Number SPR-341 Please Reply By February 1, 2001 Planner Kim Ogle Project Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District. Legal Part of the W2SW4 of Section 29, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 16; east of SH 85. For a more precise location, see legal. Parcel Number 1309 29 000034 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 fir l that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. See attached letter.Comments: At,L r" Po P ` � K ��' ,. �azl v.. Adt,{-a B+.n.rM�M 4AYn lam/.] &et (erre& Signature l "-e ✓( / o—/, 4 , Agency ( A Ot 701/ ItAftk Date ••Weld County Planning Dept. 4x1555 N. 17th Ave. Greeley,CO.80631 $•(970)353-6100 ext.3540 +(970)304-6498 fax /-,5Y9/ CFOR) 4, C 1 � . . 36 # ettpf ,fort Lupton �' • 1P.O. BOX 148 COUNTY OF WELD 130 S. McKINLEY AVENUE FT. LUPTON, CO 80621 (303)857-6694 OI Olin February 1, 2001 Mr. Kim Ogle Weld County Planning Services 1555 N. l7th Avenue Greeley, CO 80631 Re: SPR-341 Dear Mr. Ogle: The following comments and attached letter from the Fort Lupton Police Department are in response to a request for comments from Weld County regarding SPR-341, Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District. The Fort Lupton Planning Commission reviewed the referral application at their January 23. 2001 meeting. Mr. Ruben Rodriguez was present to answer questions from the Planning Commission. The overriding concern expressed by the Commissioners was the absolute size of the operation. Although Mr. Rodriguez touted the Restaurant portion of the business, that is only a small part compared to the amount of square footage dedicated solely for alcohol consumption. The Commissioners are very aware that the biggest impact on services will be the City and not the County. It is virtually assured that our police department will be first response for disturbances at the facility. Another major concern is the lack of traffic control at the intersection of WCR 16 and Highway 85. The Commissioners are concerned not only for the safety of Fort Lupton residents traveling that portion of Highway 85 and WCR 16 but also for the patrons of the proposed Restaurant/N ightciuo trying to access a high speed roadway at night. As past experience has proven with similar establishments there tends to be a regional attraction to the facility, which will mean many vehicles using Highway 85 to enter and leave the area. The City of Fort Lupton would like to request that the applicant engage in a traffic study to be reviewed by CDOT before site plan approval is given. If Weld County has already requested a traffic study from Mr. Rodriguez we would like a copy of the study and any comments CDOT had regarding traffic impacts. According to the US 85 Access Control Plan, the intersection of WCR 16 and Highway 85 will eventually be closed to traffic. This will mean that traffic from the proposed facility will have to enter the City of Fort Lupton in order to access the proposed interchange at WCR 14.5 (14th Street) and Highway 85. This will definitely create several issues regarding the health, safety and welfare of the citizens of Fort Lupton. 2W/ i3Y2/ As you are well aware the City of Fort Lupton, Brighton and Weld County are concerned with the visual appearance of land-uses along Highway 85 as you enter and leave Weld County. The City of Fort Lupton would like to see that adequate landscaping be required and maintained to achieve an attractive entryway to Fort Lupton. This will also be achieved through the use of directionally lit signage so that glare is minimized off the site and not directed into traffic along the highway. The Planning Commission was also concerned with the capacity of the current septic system to handle the anticipated increase in volume. This facility has never been used for this purpose before and raises concerns of groundwater contamination. It is not anticipated that the City of Fort Lupton would annex the property at this time. It is not our policy to annex scattered or remote property that is currently not adjacent to the City limits. The City has planned for the eventual annexation of all the property from le Street to WCR 16 that is along the Highway 85 frontage road. This will require cooperation and coordination between the City and all property owners in the affected area. The City would require hook-up to City water and sewer lines at the time of annexation. It is not known whether the existing septic system will have the capacity needed to service the facility until annexation occurs. The City would like notification when the liquor license request is to be heard by the Board of County Commissioners so that we may have a person there representing Fort Lupton's interests. Thank you for the chance to comment on the proposed use. Please forward any and all documentation requested to me and I will distribute accordingly. Sincerely, ea7C_ Paul Rayl City Planner CC: Weld County Commissioners Fort Lupton Planning Commission Fort Lupton City Council (sit;" Weld County Referral January 10, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ruben Rodriguez Case Number SPR--341 Please Reply By February 1, 2001 Planner Kim Ogle Project Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District. Legal Part of the W2SW4 of Section 29, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 16; east of SH 85. For a more precise location, j see legal. Parcel Number 1309 29 000034 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 2/40 ( • Agency Date% 4•Weld County Planning Dept. 4.1555 N. 17th Ave. Greeley,CO.80631 i•(970)353-6100 ext.3540 •:•(970)304-6498 fax ' Weld County Referral C. January 10, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ruben Rodriguez Case Number SPR-341 Please Reply By February 1, 2001 Planner Kim Ogle Project Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District. Legal Part of the W2SW4 of Section 29, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 16; east of SH 85. For a more precise location, I I see legal. Parcel Number1309 29 000034 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: RPM �i rc hQY rthe(.1 cP O5 CY�t fil h and earcp.t_ C.0 Oeti v 1t-sln in M) W-CALL. cC1.t dd CDC 1"Y_lk rAryl, t (Mr f (f of Vor r<lt-rr. i rf-e I-4 11x l t ftr�t _ k LQ&t y 4 Signature 1/f ID 1 Agency LDl 11 L (y ra/e, Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax boa/-3 V9/ • r.. 6 ft a tit::) 'Weld County Planning Dept. re_ ,.ialy ' t 2001 Weld County Referral RECEIVED January 10, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ruben Rodriguez Case Number SPR-341 Please Reply By February 1, 2001 Planner Kim Ogle Project Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District. Legal Part of the W2SW4 of Section 29, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 16; east of SH 85. For a more precise location, see legal. Parcel Number 1309 29 000034 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. I See attached letter. Comments: Signature / January 15 , 2001 Agency Fort ✓Lupton Fire Protection District Date •Weld County Planning Dept. 31555 N. 17th Ave. Greeley,CO.80631 •'x(970)353-6100 ext.3540 +(970)304-6498 fax Ft. Luton /a\` 1121 DENVER AVE. EMERGENCY 911 FT. LUPTON, CO 80621 OFFICE 303-857-4603 'c/RE DEPS January 15, 2001 held County Planning Dept. JAN 17 2001 Weld count Planning Department R E C pVp E 1555 N. 17 Ave. C Greeley, Colorado 80631 RE: Case#SPR-341, Rueben Rodriquez To Whom It May Concern: I have reviewed the site plan for the above case number. This project will have specific fire code regulations. Such as fire sprinkler and alarm systems. I will need to see a complete set of plans. Sincerely, 7_ Larry Richardson Fire Marshal G/tat' t jecliew "&tmcnatww t/J am " re ^ v OPO�ICE,� Citp of fort lupton c ' I: otite Deportment I%U. rf�'Olt S. 130 S.McKINLEY AVENUE FORT LUPTON(303)857-4011 FT.LUPTON,CO 80621 GREELEY METRO(970)356-9225 FAX(303)857-2703 January 18, 2001 Mr. Paul Rayl, City Planner City of Fort Lupton P. O. Box 148 Fort Lupton, CO 80621-0148 RE: Proposed Usage of the Formby Ford property; 13015 WCR 16 Paul: We understand that Mr. Ruben Rodriguez has acquired the above property. Also, that his proposed usage of the site is for a nightclub & restaurant. We foresee some significant issues and concerns related to the public's health, safety, and welfare regarding the proposal. Among them, but not limited to, are the following: • Ingress & Egress; while the property sits east of US Highway 85 and somewhat "away" from the right-of-way, it has one entrance/exit from WCR 16. This will act as traffic "bottleneck". • The STOP sign at US Highway 85 is approximately 120 feet west of the entrance to the Fornby property. 8-12 cars would be enough to "plug" the westerly flow of exiting traffic. • The Elkhorn Construction Company and HO-AD, Inc. also use the same entrance & exit from WCR 16. Their businesses involve the movement [occasional] of large trucks and other construction equipment. • The UPRR tracks are immediately adjacent on the east of the property. • WCR 16; is a basic and narrow county road. During it's daily peak traffic flow periods, it may already be pushing [or exceeding] is design capacity. The addition of an "attraction" such as this will compound the flows and exceed the design capacity. • US Highway 85; is heavily traveled and is known for commercial carrier traffic and speeds that are at or exceeding the posted limit. • US Highway 85 & WCR 16; is a non-signalized intersection. It also is significantly "wide" for traversing east to west. • The site plan would indicate a primary focus on the eastern portion of the building. It appears that 13,000'plus square feet are being allocated to the nightclub aspect of the business. That equates to patrons staying for longer periods and creating the opportunity for consumption of the products that are offered for sale. History would indicate that establishments with a "bar" serve alcohol and generally more than a restaurant that serves alcohol as a compliment to their meals. Given the focus presented, the emphasis is on the bar and dancing portions of the business. Page 2 Rayl, Paul Formby property • The "logical default" for traffic will be to use US Highway 85 & WCR 14.5. This intersection is completely [all compass points] within the City of Fort Lupton. An increase in traffic movement will also involve the non-signalized intersection of Denver Ave. &WCR 14.5. • There is no protective barrier separating [north] Denver Ave. from northbound US Highway 85 traffic. • Weld County Sheriffs Office; have limited staffing assigned to the Fort Lupton office. The potential for additional calls for service will have a definite impact on their staffing and ability to respond in a timely manner. Standing protocols for assistance and mutual aid would default to the Colorado State Patrol and the Fort Lupton Police Department. The Fort Lupton Police Dept. already responds regularly to assist the WCSO and CSP. We are not staffed to handle increases in those areas. [Especially upon review of the Club Romance analysis]. • Colorado State Patrol; have been under authorized staffing levels for months with no foreseeable end in sight. • Ruben Rodriguez, d.b.a. Lucky Star Restaurant & Lounge [Hwy 85 in Lucerne, CO], &/or Club Romance; currently pending a show cause hearing on their liquor license with the Weld County Commissioners. Their yellow pages ad reads, "Live music, Sunday polka dances, banquet rooms available for private parties-weddings, business meetings up to 300 people". Review the attached Call/Incident Analysis and Evaluation on the Club Romance from the Weld County SO Crime Analysis unit. It is our understanding that both establishments are under the same ownership. I do not know the history to explain the difference in business names. As I assess the totality of circumstances involved in the location of this property and its proposed usage, I do not see any benefits to the public and their welfare. As such, the Fort Lupton Police Dept. takes the strongest possible position against the proposed use of the property. I encourage the Planning review process to object to this proposed use at your January 23, 2001 meeting. Sincerely, UV . V. Garavaglia Chief of Police cc: Weld County SO. Colorado State Patrol Fort Lupton Fire District Weld County Ambulance Service / / • .,.._ _ ft & ii4x, veld County Planni:CePt. 2 'i 2.514 SI Y.L 4' R-EcEivEtWeld County Referral -woe January 10, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ruben Rodriguez Case Number SPR-341 Please Reply By -February 1, 2001 Planner Kim Ogle Project Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District. Legal Part of the W2SW4 of Section 29, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 16; east of SH 85. For a more precise location, see legal. . Parcel Number 1309 29 000034 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. Milk 1 / Comments: Kt TPPIila' V ilk h b2 rl,uJnff "{' cr CL-4. Some f11�TtA.t'L, axE?) direcf acce,-, --\-0 i frtarn &4 85 u/ill be *sect All 55 wi it come by way CC Demo/ /e�nt.ct it gc, volumes trt¢.01—o he ac.drp ed (slyri-?ca It`1 +lnQ re Io1-f o-nsh p b4-weo vi pcopnsod 4 pralious), Signature ?fotc.0.401 _1 cto I/Z' )0 I Agency C DOT 1\ccQS S Da e t :•Weld County Planning Dept. •:1555 N. 17th Ave.Greeley, CO.80631 4(970)353-6100 ext.3540 +.(970)304-6498 fax ` 9703502198 CV's TRAFFIC 556 P02 JUN 22 '01 14:36 GLORIA HICE-IDLER MEMO REGION 4 ASSISTANT ACCESS MANAGER COLORADO DEPARTMENT OF TRANSPORTATION 1420 2N° STREET, GREELEY CO 80631 (970) 350-2148 (970) 350-2198 FAX SPk - .34 � m pnlre +o Ruben Rod r ju a2 o ono& h propirmi . CDOT (toes no+ own +1u_ po(tic ci Montle_ road tk + parallels S 1 P35 alo-Ylq Mr. Rod r. ucz ' Lue h propeAti line., . We, ar-e, unsure- Iho haz utir-(54.thon 0 CCo wou. d -WI O4 We- skipper+ tcnc CmV1 C-4-ruCh'(, inra n uJ ac ces3 e-y) Waz I to ha. (craled ac, car aw 69 Pro-n1 to inn+Qrse_rf, in-, 6Ke5 rouniuf roa4 xs pass; kIt • &bk., (%A, t X-� Y ,gym t li re F �.i l• ^+;� . 'art !, ,, " `A b .y,,ii M 11 r ikl ...,4-,(.41A4 (l ;• , 4i . : '1 '. IEIRe " : `, �' ft 1 1,...-. • -8PR 3 k '' ii• . US Hwy 85 Access Control Plan t 1 i :1 a ' a + Closure of WCR 16/ SH 85 4t''t � 9 . ,L 7 r---- r ..y,.- '--' � p,� r çT 'y 4 gym\ ts- c". ' - , prate R r { �1 t s .� j: GrY' 01;41. w4 $'Y ki„ v,.� i' h „,.,7,..1:;/:$1.:, .r+ . fr 1 y , 1 t ' [ ,�i�l.��y� fyy ,�"'�_5. ' +e�-+'o' t IIF rIY titl1tit , , 1y `. 44 L 4 • � :f ' II 1 �„+ 1 7. + 4Q il � '4 r } i t 4 fly i , x R fir 'I, r,'� 7` + Weld County Pl..nning Dept. (ell; (11;tss%:, Memorandum TO: Kim Ogle g DATE: JanuarRi2e1EWPD Weld County Planning : 111 € rE FROM: Jo Pedet, Environmental Health Services COLORADO CASE: SPR-341 NAME: Rodriguez, Ruben Environmental Health Services has reviewed this proposal for a Nightclub/Restaurant. Our Department recommends approval. Prior to recording the plat, the applicant shall: 1. Show evidence of compliance of the Food Establishment requirements. 2. Show evidence of State approval of the drinking water system. The following conditions are recommended to be part of any approval: 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. 3. Waste materials shall be handled, stored,and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. 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. 5. Adequate toilet facilities shall be provided for the customers. 6. The existing septic system (permit#SP-9700328) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. 7. The facility shall utilize the existing well once the State approves the community water supply. 8. The water system shall comply with the requirements for a public water system as defined in the Primary Drinking Water Regulations(5 CCR 1003-1). 9. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. M:\ENVIRONMENTAL HEALTH SERVICES\PLANNING Ispr-341.wpd /- ) $? BUILDING PERMIT FILE FLOW SHEET SIGNATURE: DATE: ,COMMENT/ACTION: i l �� r, P Je VI ( esc., as Le./i4 14- AV Oa�Yr 7 W Witty/ Qi5fl rt.0 r,.i !.t)ai1s Cau:.T.Pd v :,9 q .c. /� et ltd',,.� .. ont o•r� I1O V-L/Le e <no P a./ ‘11?:1 .411' MEMORANDUM TO: Kim Ogle, Planner II DATE: January 15, 2001 FROM: Diane M. Houghtaling, P.E., Traffic EngineerPM WI I ge SUBJECT: El Reventon Restaurant, SPR-341 COLORADO V./old County Planning Dept. L,.N_ 2001 The Weld County Public Works Department has reviewed this site plan. COMMENTS: RECEIVED American with Disabilities Act (ADA) Requirements: This site will be required to meet all requirements of the Americans with Disabilities Act. ADA parking spaces are 20' x 8' with 5' aisles. At least one space must be van accessible (8' wide aisle). An accessible path will be required from the building to the public right-of- way. A certain portion of the structure will also be required to meet the accessibility requirements. Storm Water: As this is an existing facility, a statement signed and stamped by a professional engineer confirming that the site has adequate drainage will suffice for the drainage report. Driveways: The access to this site is not adequate. The traffic impact of a restaurant/night club is significantly higher than that of a car dealership. Normally, the acceleration/deceleration lanes on US Hwy 85 would need to be improved. In this case, the WCR 16/US Hwy 85 intersection is proposed for closure as a long term improvement in the US Hwy 85 Access Control Plan. It would be cheaper and safer to make this closure at this time. (See the attached drawing.) Traffic: A traffic impact study will be required. RECOMMENDATION: Approval DEVELOPMENT CONDITIONS (If Approved): ❑ The site and building shall meet the requirements of the Americans with Disabilities Act. ❑ The access roadway shall be realigned to meet Denver Avenue and the connection to US Hwy 85 shall be removed. ❑ The drainage statement shall be stamped by a professional engineer. ❑ A traffic impact study submitting the trip generation, distribution, and effects on the intersection of US Hwy 85/WCR 14.5 shall be required. ° If you have any questions, please call. P.C.: SPR-341 M:\W PFI LES\diane\DEVELOPMENT\SPR-341.wpd II El Reventon Restaurant - SPR 341 „gr I l: Y - Y 1. , p �•# 1r vq- �[ �� . I I A Z -J I 1 �. iIn '' El Rev Ili" _,. 8PR jj £I t i t _ 8 US Hwy 85 Access Control Plan v 3 _ - ;} , Closure of WCR 16/SH85 � -w+ 'j . ,I j ; 1 s e. rt V } # I ,. .t tfly. it "lJ I.s.wu++R"b I I ' - , ., 0.1 0 0.1 0.2 Miles C �' � .� t F . ,. ,s i '7',:(,::';','?': -1':''''::',',:,'-1:;,;1;,„.1.,'; ')--'11,1,H:::1 iiTt: -' „.„.,,,,,,, ,,,ili 4 gg,��T�- S gY ••• � Ar if , :. ,_,, _ je 1 I . it pS: :.: i t t' �9 rd vwd £ , irj r 't; ' t-r v t 2 4 't ,*a'£'g rc rotc '4;"/,'' - .: T . a s E ;_„.„.11`,,,:-.,::::._"". '}a te P x ' - - ,, i€ i;01r +vr A'- �. Ue a.W-,w.. y r+'....vr ., ""'" •• �� zM wfr -,-. .. ..n r 31 • ',.� t y �l itYc,• p. !i ' 3 rr / 4 f Q- ,V„,:',-;;;,-L-'2.,,:,-,;.„,,,,,,,,,-.=,,', — Fs'2. . fl 4 A. b w do �{ d x- *� k f : E - 4 it " s .z*' .. gS �-e - ia ?a X 4 S ti - i a^" - P i ' -r' ,L.xnua�_ , , j 4 s � E! t4d; ..,1s�, yy '''':'-';':1'71-;k:. r } f a y c113 P 'i ,S X' x a DEC-16-2001 12 :47 PM P. 02 12-11-201 12:30PM FROM Weld County Planninb apt. P. 2 Consent to Sublease Form App. 8/86 AVP-Law RECEIVED Folder: 162-04 Audit No. OMA2794 CONSENT TO SUBLEASE THIS AGREEMENT is made and entered into as of the AL day of s7jnt . , 20,01, by and between UNION PACIFIC RAILROAD COMPANY (hereinafter the "Lessor") and FORMBY FORD, INC., a Colorado corporation, to be addressed at 13015 WCR 16, port Lupton, CO 80621 (hereinafter.the "Leases") and RUBEN RODRIGUEZ, an individual, to be addressed at 232 Elizabeth Court,Fort Lupton,CO 80621 (hereinafter the"Sublessee). RECITALS: By lease dated April 2, 1996, identified in the records of the Lessor as Agreement Audit No. OMA-2794 (hereinafter the "Basic Lease"), the Lessor is leasing to the Lessee certain premises of the Lessor at Fort Lupton,Colorado,as shown on a plat attached to the Basic Lease being used by the Lessee for the purposes described in the Basic Lease. The Lessee desires to sublease to the Sublessee all or a portion of the premises covered by the Basic Lease, and the Lessee and the Sublessee desire the Lessor's consent to such subleasing. The Lessor is willing to give such consent on the following'terms and conditions. AGREEMENT: NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: Article I. TERM,PURPOSE,OBI;IGATIONS OF LESSEE AND SUBLESSEE. In consideration of the covenants and agreements heroin contained and subject to the terms and conditions hereinafter set out,the Lessor hereby consents to the leasing by the Lessee to the Sublessee of all or any portion of the premises of the Lessor covered by the Basic Lease for all or any part of the period commencing e70C1/ , and extending for a term concurrent with the term of the Basic Lease to be used by the Sublessee for commercial puyoses,namely a restruant business only,this consent being made subject to the following terms and conditions: A. All of the covenants,terms and conditions of the Basic Lease shall continue,be and remain in fhll force and effect, and the Sublessee, with respect thereto, covenants and agrees with the Lessee and the Lessor jointly and severally to keep and perform the obligations of the Basic Lease on the part of the Lessee to be kept and performed and to be bound in the same manner as the Lessee by the provisions contained in the Basic Lease, but nothing heroin contained shall be deemed to release the Lessee from keeping and performing all the terms, covenants, and conditions by the Lessee to be kept and performed under the Basic Lease or to release the Lessee from any of the Lessee's liabilities or obligations thereunder. In the event Sublessee's use of the premises will differ from that of Lessee's, it is understood that the purpose of the Basic Lease shall be modified, with respect only to the subleasing herein contemplated,to conform with Sublessee's use of the premises as described in Article L Page 1 DEC-16-2001 12 :48 PM P 03 12-11.-201 12=30PM FROM -'-� P. 3 B. In the event that the Sublessee contemplates using any other appurtenant facilities ortracka e used by Lessee, the Sublessee further covenants and agrees seeg jointly and severally, that the Sublessee will keep and with the the esoblgad the of Lfsany perform obligations any agreement now or hereafter in existence between the Lessor and the Lessee covering such appurtenant facilities or trackage and to be bound in the same manner as the Lessee by all the provisions contained in such other agreement(s). It is understood and agreed, however, that nothing herein contained shall be deemed to release the Lessee from keeping and performing all the terms, covenants and conditions by the Lessee to be kept and performed under any such other agreement(s), or to release the Lessee from any of the Lessee's liabilities or obligations thereunder. C. The Lessee and the Sublessee shall be privileged to make such further covenants between themselves respecting the premises the subleasing of which is contemplated herein as shall not be inconsistent with the Basic Lease. Article U. NO FURTRER SUBLETTING OR ASSIGNMENT. The parties hereto agree that nothing herein contained shall be deemed or construed to authorize the Lessee or the Sublessee further to let or sublet the leased premises, or further to transfer or assign any interest in the Basic Lease or sublease without the written consent of the Lessor first had and obtained. Article III. ADMINISTRATIVE HANDLING CHARGE Upon execution of this Supplemental Agreement, Lessee shall pay to Lessor an Administrative Handling Charge of Pin Hundred Dollars ($500.00) as reimbursement for clerical, administrative and handling expense in connection with the processing of this Agreement.. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed in triplicate as of the date first herein written. Witt, s�, UNION PACIFIC RAILROAD COMPANY I( "`T"_ _ ` By: Witness: ��^y_�- FORMBY FORD,INC. \' ie4;€1a,‘`.. ---; Title: .2r-V' Witness: RUBEN RO Q / 2lM L By: Title: Klein Page 2 000/-3C/9/ REAL ESTATE LEASE This Lease Agreement("Lease")is dated October 1,2000,by and between Manuel Manriquez, Jose de Jesus Silva and Ruben J. Rodriguez("Landlord"), and RJML,LLC("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant, the premises located at 13015 Weld County Road 16,Ft. Lupton, CO 80621 ("Premises"). TERM..The lease term will begin on November 10,2000 and will terminate on November 10,2003. LEASE PAYMENTS. Tenant shall pay to Landlord monthly installments of$8,000.00, payable in advance on the first day of each month, for a total lease payment of$288,000.00. Lease payments shall be made to the Landlord at 232 Elizabeth Court, Ft. Lupton, Colorado 80621, which address may be changed from time to time by the Landlord. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to Landlord on the last day of the term of this Lease unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. USE OF PREMISES. Tenant may use the Premises only for restaurant, bar, night club and sports bar. The Premises may be used for any other purpose only with the prior written consent of Landlord which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. PARKING. Tenant shall be entitled to use 500 parking spaces for the parking of the Tenant's customers'/guests' motor vehicles. PROPERTY INSURANCE.Tenant shall maintain casualty insurance on the Premises in an amount not less than $1,000,000.00. Landlord shall be named as an additional insured on such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property. LIABILITY INSURANCE. Tenant shall maintain liability insurance on the Premises in a total aggregate sum of at lease $1,000,000.00. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice form the insurer prior to any termination of such insurance policies. c ?Cf9/-‘_g VW Page 2 RENEWAL TERMS. This Lease shall automatically renew for an additional period of 3 years per renewal term,unless either party gives written notice of termination no later than 30 days prior to the end of the term or renewal term. The lease terms during any such renewal term shall be the same as those contained in this Lease. MAINTENANCE. Tenant shall have the responsibility to maintain the Premises in good repair at all times during the term of this Lease. UTILMES AND SERVICES. Tenant shall be responsible for all utilities and services incurred in connection with the Premises. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows: REAL ESTATE TAXES: Tenant shall pay all real estate taxes and assessments which are assessed against the Premises during the time of this Lease. PERSONAL TAXES: Tenant shall pay all personal taxes and any other charges which may be levied against the Premises and which are attributable to Tenant's use of the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative,Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs,damages,and expenses(including reasonable attorney fees and expenses)suffered by Landlord by reason of Tenant's defaults. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent,whether or not such sums or charges are designated as"additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. LATE PAYMENTS. For each payment that is not paid within 10 days after its due date, Tenant shall pay a late fee equal to 10.00% of the required payment. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative and shall not be construed as exclusive unless otherwise required by law. NON-SUFFICIENT FUNDS. Tenant shall be charged $25.00 for each check that is returned to Landlord for lack of sufficient funds. 4V9/ � L ... Page 3 REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall have the obligation to conduct any construction or remodeling (at Tenant's expense) that may be required to use the Premises as specified above. Tenant may also construct such fixtures on the Premises (at Tenant's expense)that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Landlord which shall not be unreasonably withheld. Tenant shall not install awnings or advertisements on any part of the Premises without Landlord's prior written consent. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) such fixtures and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease,Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants. NOTICE.Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows: LANDLORD: Manuel Manriquez, Jose de Jesus Silva and Ruben J. Rodriguez 232 Elizabeth Court Ft. Lupton, CO 80621 TENANT: RJML, LLC do Ruben J. Rodriguez 13015 Weld County Road 16 Ft. Lupton, CO 80621 Such addresses may be changed from time to time by either party by providing notice as set forth above.Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Colorado. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are not other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. ) — g ?/ Page 4 SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns. LANDLORD: 1111111/20 � . ,Date: 16—(R-0'Manriq r� -- Date: 7a-/ 7-QC) os`Ti s 'i va Date: IC n od uez TENANT: RJML, L ' BY: Date: /0—�V l. Rodn ez e r Dec 18 00 04 : 29p COLDWELL BANKER PLAINS RE 3036550407 p • 1 21 N. First Ave., Suite 330 Brighton, Colorado 80601 ANKHPLAINS REAL ESTATE, INC. (303) 655-0000 Fax: (303) 655-0407 IRIS FORM II AS141 ORPANT l ECU CONSEQUENCES AND THE PARTIES SIIOId,O (•ONSOtT LEGAl. ANI) FAS OR O'IMIER COUNSEL ttEF(N1E SIGNING. AGREEMENT TO AMEND/EXTEND CONTRACT Ilessnh' en0;.y4tho )_ RE. Contract dr.si SS>�o mho L.1.-.--.11 hcis eon Rub lriguez doy,,. I':.' Je::us SilVa Manuel Mauriquez (lane, a.i Emmett Formby Catherine Formby (Scicfh —. raking to the ,.:11 -uJ purchase of the tnllunir>F deY:rsled real eale in the County of Colorado See at t ,n 'ni.-nt, schedule A. ., .1\NO 1dSlla ('tlt. SI:L: Sheet Addy Ns Boyer and Seller hereby alien:to amaxi the aforesaid contract as follotts. 1 The date for doslsh anal commitment of deed is clinsngedurance 0.t li/a _ o The date for hmushntE uommllmenl for title msrrnnx policy or abstract of title is changed to Il/a 3_ The dale for delivering possession of P porn is changed to Rid__ 4. The date for npproatl of iww loan is ehangai to ilia—_ i The date for 1a41ers consent to loan assumption or transfer of Property is changed In D/a b Other dales tit forth in :aid contract shall he changed as liillotts- A. Re: Addendum to contract for sale of Real Estate- Paragraph 3. Liquor license approval shall be extended to February. 5, 7001 or earlier if possible. Paragraph 7_ Preliminary closing/possession/lease date shall be February 5, 2000 or earlier if possible. Paragraph 4- Earnest money deposit shall be increased $3, 000.00. Totaling earnest money deposit per contract to $5,000.00. 7 Additional Mend mails_ (The Innnoage of these additional amendments has not been appiose;l k the Colorado Real 177sm 10 Ceuuvi>e'o All other terms and eorxlu nits of said contract shall rennin the sink The printed portions of this form have been approved by the Colorado Real Estate Commission.(AE41-1-941 No.AE41-1-94 AGREEMENT TO AMENDIE%TEND CONTRACT RealFASTO Forms.Box 4700,Frisco.CO 80443, Version 605.0ReaiFASTt0,2000,Rog#LCOCOL225699 --oage of Completed by Lyalll,Broker Associate,COLDWELL BANKER PLAINS REAL ESTATE Inc. Selleriol L�_ _' T e./ 12/05/00 12'.16.18 /111.1 (4.-?L r'. .J' Buyer(s) Dec 18 00 04: 29p COLDWELL BANKER PLAINS RE 3036650407 p. 2 it ( •. • l -; Ci \-4\ U_ DATE 1. -Lf )- ) S ELt.ER� ,'� Emmett Fnrmby 1 /{/-�{ —. - __— ---- DATE ,_SELLER __��_�/.tL Catherine Formby -1 n' \ UA'I'E 1�� BUYER Ruben 42,_ y4rl BUYER __ _ - �C/Y ` - ;'/ 'it-/� —_ Jose I)F ,u,VS) DATE �Z_- ! 2� �_ , � file ;, : — - BUYER./ Iyyy Manuel Mar iquez The printed portions of this form have been approved by the Colorado Real Estate Commission.(AFA1.1-94) No.AE41-1-94 AGREEMENT TO AMEND/EXTEND CONTRACT LC0001226698 RealFAST®Forms,Box 4700,Frisco,CO 60443, Version 605,®RReaIFAST®,2000;Reglt Page 2 0 Completed by-Rebecca Lyalll,Broker Associate,COLDW ELL BANKER PLAINS REAL ESTATE Inc 12!0510012-1E18 600/-c (197____ a1 N. First Ave., Suite 300 C LD IJ CI PLAINS Brighton, Colorado 80601 REAL ESTATE, INC. (303) 655-0000 Fax: (303) 655-0407 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING AGREEMENT TO AMEND/EXTEND CONTRACT December 05. 7000 RE: Contract dated September 12. 2000 between Ruben J Rodriguez - Jose De-Jesus Silva Manuel Manriquez (Buyer) and, Emmett Formby Catherine Formby (Seller), relating to the sale and purchase of the following described real estate in the County of We l d , Colorado: See attachment,schedule A. known as No. 13015 WCR 16 Fort Lupton CO___ B0621 (Property) Street Address City State Zip Buyer and Seller hereby agree to amend the aforesaid contract as follows: I. The date for closing and delivery of deed is changed to D/a . 2. The date for furnishing commitment for title insurance policy or abstract of title is changed to D/a . 3. The date for delivering possession of Property is changed to D/a 4. The date for approval of new loan is changed to D/a 5. The date for lender's consent to loan assumption or transfer of Property is changed to n/a . 6. Other dates set forth in said contract shall be changed as follows: A. Re: Addendum to contract for sale of Real Estate. Paragraph 3. Liquor license approval shall be extended to February 5,2001 or earlier if possible. Paragraph 7. Preliminary closing/possession/lease date shall be February 5, 2000 or earlier if possible. Paragraph 4. Earnest money deposit shall be increased $3, 000.00. Totaling earnest money deposit per contract to $5,000.00. 7. Additional amendments: (The language of these additional amendments has not been approved by the Colorado Real Estate Commission). n/a All other mans and conditions of said contract shall remain the same. The printed portions of this form have been approved by the Colorado Real Estate Commission.(AE41-194) No.AEi1-194 AGREEMENT TO AMEND/EXTEND CONTRACT RealFA3T®Forms.Box 471X),Frisco,CO 80443, Version 6.05.®ReaIFAET®,2000;Reg*LCOCOL226699 Comp! ebecca Lyalll,(Broker Associate,COLDWELL BANKER PLAINS REAL ESTATE Inc. J 12050012:16:18 Pagel oft Buyers S nn , Seller(s) SELLER DATE Emmett Formby SELLER DATE Catherine Formby BUYER DATE �.rJ- 0O 1 IoS_5 Rube �o• e\ BUYER _/I`4 --r DATE ia—5--OD Jose a-/ ilva BUYER / y7 ('�.� / DATE /2—S—OO Manuel riquez UX ✓X The printed portions of this form have been approved by the Colorado Real Estate Commission.(AE41.1-94) No.AE41-1-94 AGREEMENT TO AMEND/EXTEND CONTRACT RealFAST®Forms,Box 4700,Frisco,CO 80443, Version 6.05,®ReaIFAST®,2000;Reg#LCOCOL226699 Completed by-Rebecca Lyalll,Broker Associate,COLDWELL BANKER PLAINS REAL ESTATE Inc. Page 2 of 2 12105/0012:16:18 nnr, / _ �4� Nov 24 00 11 : 45a L. JELL BANKER PLAINS RE .. 550407 p. 2 Coldwell Banker Plains 21 N. 1St. Brighton, CO. 80601 Phone: 303.655-0000, Fax: 303-655-0407 THIS FORM HAS TM PORTANi' LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AM) TAX OR OTHER COUNSEL BEFORE SIGNING AGREEMENT TO AMEND/EXTEND CONTRACT November 11, 7000 RE: Contract dated September 17. 2000 between Ruben J Rodriguez Jose De-Jesus Silva Manuel Manriquez (Buye() and, • .. Emmett Formby Catherine Formby (Seller), relating to the sale and purchase of the following described real estate in the County of Weld Colorado: See attachment,schedule A. • known ea No. l 3014 wri3 16 Fort Lupton CD_ 90621 (Property) Street Address City State Zip Buyer and Seller hereby agree to amend the aforesaid contract as follows: 1. The date for closing and delivery of deed is changed to Ma 2. The dale thr furnishing commitment for tide insurance policy or abstract of title is changed to Zia 3. The date for delivering possession of Property is changed to p/a 4. The date for approval of new loan is changed to ry/a 5. The date for lenders consent to loan assumption or transfer of Property is changed to n/a 6. Other dates set thrth in said contract shall be changed as follows: A. Re: Addendum to contract for sale of Real Estate. Paragraph 3. Liquor license approval shall pe extended to December 5,2000 or earlier if possible. Paragraph 7. Preliminary closing/possession/lease date shall be December 5,2000 or earlier if possible. 7. Additional amendments: (The language of these additional amendments has not teen approved by the Colorado Real Estate Commission). rile All other terms and conditions of said contract shall remain the sa SELLER h`l.9\�../ 1�1AYW. (l C CZ) DATE, Etmaett Formby SELLER DATE Catherine Formby The printed portions of this form have been approved by the Colorado Real Estate Commission.(AE41-144) No.AE41-144 AGREEMENT TO AMEND)EXTENO CONTRACT ReelFASTS Forma.Box 4700,Frisco,CO 80443, Version 6.02,CRealFAST®,2000:Reg!LCOCOL226599 Completed by-Becky Lysil,B /update,Caldwell Banker Plains - Buyer(a) . /91 / 11114/00 14:47:39 Paget of: Nov 24 00 11 : 45a G.,L JELL BANKER PLAINS RE 3, . 550407 p. 3 • I DATE ( , i l•/) BUYER Ruben JiRo z N., I DATE BUYER Jose De- esus Ya BUYER / i- <..v�-- r DATE Manuel Man ez • • • The printed portions of this form have been approved by the Colorado Real Estate Commission.(AE4I-1.94) No.AE41-1414 AGREEMENT TO AMEND/EXTEND CONTRACT ReelFAST®Forms,Box 4700,Frisco,CO 80443, Version 6.02,®ReaIFAST®,2000:RegIf LCOOOL226699 Completed by•Becky Lyall,Broker Associate,Caldwell Banker Plains 11/14!00 14:47:39 age Seller(s)� - ••�• --�...,�..�ev tn2L IT CATHY FORMB1' X001 ~` Caldwell Banker Plains 21 N. 1St. Brighton, CO.Phone: 303455.0000, Fax:a 303455-0407 IRIS OOTHEFF FORM ESUPORTANT LEGAL CONSEQUENCES AND T • . . ,,... .COUNSEL SiG THE PARTIES SHOULD CONSULT LEGAL AND TAX OR CONTRACT TO BUYAND SELL REAL ESTATE (COMMERCIAL)(NEW LOAN) L AIsR)CER1EPrl' B Dale: le temb t2� On forth in this anew agrees to buy and the undersigned Seller agrees to sell the Property defined below on the 2' D TERltt9 terns and conditions set a• !sr Buyer, Ruben J Rodriguez Jose De-Jesus Silva Manuel Manriquez will take title b the teal property deserted below as El Jett Tenant; O Tenant' 10 Continua O Other n/a • b. !mat The Propatyis the followin le See attachment,schedule A. g gaUY desmbed real estate: •- in the Cindy of No. —,Colorado,wmnon]y known as Street Address two l r with he iawesls,casements,rights,benefits,improvements and City State . alleys adjacent thaeb,accept as basin excluded. attached fixtures appurtenant thveto,all interest of Seller in�ac.td sheets • c Date and Dea6Ds. 1ka Ne. Reforms Event Dat1 : 5a Loan - .. tine Deadlineor Auu•. St 10 err , 5b Loan Commitment Deadjim em 10 2003 © 3 Sc - • .C •it ., . '•n 1 am',. S- •cber 15, 2003 4 ;• 1 Se -r L. pyl • ct's e - . se•[ember 19 2000 • 5 . 5 rt adlim 6 •>R .• •, . ., Se• ember 22 2000 v....�� bE.' •.n 1 7 ' Sd s•royal of LoanTtanvferDeadline Call , 0 y [D a - nand Deadline aL:rL,� 7a Title Deadline September 15, 2003 10 . 7a S . Deadline Se•[ember 01 2003 • 11 12 DOewzien DeadlineOctober 01, 2003 . get Title Obi-Genoa Deadline10, 2003 8b .'•• Uets r e• ' October 13, 2003 13 14 . 8b Off-Record 15 t, batters O 'notion Deadline October10 2000 16 9diaS ' ... t'soloeuc ... . ', oeber 17, 2000 Ira F• . 1,. 1 a• ua September 22, 2000 18 • lot Resolutim Deadline October 27, 2000 MOMposses. 10 November 03 2000 20 Possession Date • "^ November 10, 2000 © §2N Aco• seta Deadline Time Se•[sable[ 14 2000 n/a n/a a/a 5241,,Contact to Osy and aea Real Ear*(Cewmyb+ll MN ReelFASTO Fawns,amp 4700,Frisco,CO 50443, Carrion 6.02,CRwwFAlTo,2000:Regal LCOCOL226610 Oeaitrh6 LyY, Caere/ Piero tlaya,(1, ►� 09112/00 1215:03 �� ,l� Sellers �tS�a 1 T HER N\ N \, • I. • [ l '. k ' - wR Jlrx ni a a ;'r, AR2119G7L ' _B..1250„REC 02199676-.42/07/89-L41t57---b10.00 -' 1/00 , ,;: rA - - - ' 1.4 F 2026 MARY_ANN._FEUEIIBTEIN.CLERB_i..REC0RDER_WELD CO, COQ,. •' t WARRANTY DEED j 7 . THIS DEED,Made the 29th dud November .Is 89. State Documentary Fee between FORNBY FORD, INC., a Colorado Corporation Date.."°..'2 29."'"' 214 Denver Avenue ss.9y Fort Lupton, Colorado 80621 S...- der 1 . . County of WELD .mat oCob,do,gaol,)and • .• EMMETT B. FORMBY and CATHERINE N. FORMBY, D F'' as Joint Tenants - y.� whose legdaddewh 300 Tenth Street 1 • M. . ., Fort Lupton, Colorado 80621 �, yi i q�, EFf of de County of WELD . .. ..•StatedCokda.pusnefn* ' y . . " t WfiMLRN SS ,That the grump).for and in ewideet d em d THOUSAND oa the sun FIVE HUNDRED FIFTY NINE T • THREE HUNDRED EIGHTY NINE and 22/100--------(6559,389.22)---------DOLLARS. • &receipt and wfcieac/dwhich is hereby cknwkdid.ha a dmled.betplld.Md and anrKd.d by these theserres do CS grant. • . • bargain.,ell,convey.and catkin.unto the preen). its helm and snips fares d the ml property.togedm with ImpoK,mu. . If ay.situate.lying and being in the County of WELD .sus of Colorado. •qr '. described as follows: see exhibit "A" . also known by onset and number as: 13015 Weld County Road 16, Fort Lupton, Colorado 80621 : • ' TOGETHER with all and singular the hereditament'and,pprrm,m therew belonging,at in anywiis wpent'Ming.aid the maim and 4, +• s mambos,remainder sad m alnden.ranh hues and d d pogo therm(al the ems,right.tide.Memo claim and denied whesocar dike . • cements).either in law or equity.d d b,in a the than bargained premises.with the hed s itamenea • . II .. cand apputmnle .�a - TO HAVE AND TO HOLD the uid premises stem b.rg.iud and described with the appurtenances.two the paumta). its heirs and .t t . assigns former.Ane the g,wots).for it nel f helm sod emcY rpesentariw,do es comma.pun,brpin.and • ago bed with the panteeD), its heirs end assign,the a Sum of the enWing sad delivery of time presents. Ss . wen seised of the premise"above conveyed,ha s good.eon.perfect.absolute and Indefeasible estate of inheritance,le len in/r simple.end '' ht a good tight.full pair and authority to pant.lupin.sell and mom the sane In mare and Meta..lewd,and that the suer see nee - • S'. and close ham all fanner and other pants.bargains.sales,hem uses..resnuesn.mmnbrma.and mtrklbnn of whitener Undermine rasp I`• • _ ' REALIVRTY TRANSFER DECLARATION - NOT RECEIVED CI BY ,ERK AND RECORDER The prbrls)shall and will WARRANT AND FOREVER DEFEND IMebenabugained premises In thequi t sod peaceable possession tide gmags). its hisleln and nim spin dl and men Kelm er paw lawfully calming the whole ra rpmthercd 11 IN WITNESS WHEREOF.the grantor h)hag aee'Yd this dead ter damns forth above. credo -. F'O p0'dZ'C2 Ot8d0 GprpOIet n x �•• BY: i(/ ''I'St: y,aoo'oveL0 i .... • i t ter a :J i 4 iSTATE OF COLORADO 11( _G.'' ; IT-- L ,Th..... _. county of WELD 1 IL �t 4'9 t. d w . .. Tiro'ueI.Th1j1ftpiq#ntwacknowkdged began me this 29th dryad November .Ht89orinl`;Ilt n, -, t t byi,'t tt 8:.‘oxylaby, President of FORMBY FORD, INC., a Colorado Corporation ©, �t RFl1e'•�J29/93 Wtoe. w de and dSeisI Kiln /7 O b. \ O' r �, , PUpV ,; THE FIRST SECURII�$n-c _ • ' P. 0. Box 228 �' ` /�i ..CF COI. Fort Lupton, Colorado 80621 - . r• If in Demon bn,erT`CNy find". y • • N..332.Rn.343. wutiumrT WOW fh.Teshle atewm .,pad Plabr•fm N.10 tai.tay..a.two mH—etas neon ' .Sat ®,- s V' d, _ eras.. ;sly", • . larv.6:1.•eJW,a:.S i%:.sa. A :itoela Yv +".:I - - . " 44 iy• • • ! • 1• B 1250 REC 02199676 12/07/89 11:57 010.00 2/002 � • , F 2027 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, _CO3__. - r . . / I -.1 A • All that part of the SW1/4 of the SW1/4 of Section 29, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado, described as ..; follows : 1 BEGINNING at the Southwest corner of the SW1/4 of said Section 29; thence North along the West line of said SW1/4 439. 11 feet; 4:, thence East and parallel to the South line of said SW1/4 35 feet to r ` • a point on the East right-of-way line of U.S. Highway No. 85, said ij . point being the TRUE POINT OF BEGINNING: I thence continuing East 371 .C7 feet, more or lees, to a point on the West right-of-way line of the Union Pacific Railroad; ` thence South along the West right-of-way line of said railroad 409. 11 . feet to a point 30 feet North of the South line of said SW1/4; thence West and parallel to said South line 272. 13 feet, more or less, to a point on the Easterly right-of-way line of U.S. Highway No. 85; thence North along said Easterly right-of-way line, 1 .8 feet to a point on the Northeasterly right-of-way line of• said-U.SE' Highway No. 85; thence Northwesterly along said Northeasterly right-of-way line 130.6 feet, more or less, to a point on the East right-of-way of said U.S. Highway No. 85, said line being 35 feet East of the West line of the SW1/4 of said Section 29; thence North along said East right-of-way line 323.31 feet, more or less, to the TRUE POINT OF BEGINNING. • �. 'F '+ �"�' „ te i I:: l ,•u ..::of 1);;A\V; A4,4 nm, . ;'. 'g• T' . • e `a - - ,, AR2111671* B 1250 •REC 02199676 12/07/89 11:57 *10.00 1/002 a a. l ,, F 2026 MARY ANN FEUERSTEIN CLERK I RECORDER WELD CO, CO , WARRANTY DEED• THIS DEED,Made this29th my of November .19 89, State Documentary F ee . between FORMBY FORD, INC., a Colorado Corporation la-214 Denver Avenue Date 35 7..:R? Fort Lupton, Colorado 80621 f..._ 5s• 9y • . . . F , of PA • . county of WELD .State or Colorado.pmtor(al ad EMMETT B. FORMBY and CATHERINE M. FORMBY, as Joint Tenants ' , who.e kgJ does is 300 Tenth Street Fort Lupton, Colorado 80621 of the County of WELD ,State of Colorado,gramme(s): • . my a nraaanN,morass***macro),foe nnosm in oNentk sum � n of the a FIVE HUNDRED FIFTY NINE THOUSAND . .' THREE HUNDRED EIGHTY NINE and 22/100----($559,389.22) DOLLARS, , the temp end sufficiency of whkh 1,hneby atnowkdgd,ha a panted,bapind.sold ndemteyed.andby there presents do ea poi, • : bargain,sell,convey.and confirm.unto the gramee(s). its heirs and stip.keen all me mJ pe rsp em openy.together with Iortm . . if • any.situate,lying and being in the County or WELD ,See ofColoeado, _ described a kilo: • see exhibit "A" a AD • • I II also known bynreet and number as: 13015 Weld County Road 16, Fort Lupton, Colorado 80621 • " • TOGETHER with all and singular the ImdiMnmarm and reporatnaeen thereto belonging.or to mywia appertaining,ma the*.:talon d e ' tevenlons.remainder and rtmainden,rte..Issues and profits thereof•nod all the tame.dpn,auk.Inman.claim and demand who sera of the • pmrnisk either in law or equity of.in and to the abuse bargained remises,with the hereditanena and appurtenances. • TO HAVE AND TO HOLD the said premises abuse bargained and described with the appurtenances,wan the grm¢e(sk its heirs and assigns facet And de gnat for et orfsr it f Min and personal representatives.do es commit.pan.bargain.and . . a agree toad with the immesh its heirs and assigns,thin at the timed theerealin$and delivery of these pascals. is well rind of the premises above conveyed,hi s good,sure,perfect.absolute and Indefeasible ere of iniadtance,in law. in fee simple,and ha g god right.full poser and authority to gram.bargain.all and convey the same in manner and form as aforesaid.and that the saran we free S and clear fromall former and other grants.bargains,sales.liens.taxes.aaanems.encumbrances.and maktiom of whatever kind or wort aomu. • �, , ' ' except c FI/L PRDi EZTY THpNSFER DECLARf,T:ON I NOT RECEIVED SY CI�RK AND RECORDER 1' • r • The pantatnl shall and will WARRANT AND FOREVER DEFEND dieabon-0apined premises hi the"del and pomade possession aria -• granee(at its his heirs and assigns.againn all and eery penceoe persons lawfully claiming the whokarany pan thereof. • IN WITNESS WHEREOF.the grantor(title g executedor,d this deed the date sin fech.bove II FO FORD, I orado Corporat on BY. 111opY L'0 t 4 if qC� ' 1% ir,' ; Gi , • f" = . ' . STATE OF COLORADO -•\•.84 Z . ,Ty₹ ' • • 8 • r :� y emote WELD ''., V0�•1d \ a m.... ...... 29th dqa , 9' to• I ?ntt $: 9rpsby, President of RMBY FORD, INC., a Colorado Corporation draOnt?i tfpyee.03/29/93 Wtmsm had and official[natal • C;• W U ‘\ a THE FIRST SECURI �( ' " c:t P. 0. Box 228 : ' • l:' t ;,O�, r Fort Lupton, Colorado 80621 Y a slf in Denver.inametity and-. _ . o �b I. N..f51,Dm.345. eaeRAla1T'mn gar Ftammkk 3kmdl RdM PE&SSs.3133 W.es Mt.rabmad,CO Mate—003)m NIA Ha Ilii A � �� • • S 1250 REC 02199676 12/07/89 11:57 010.00 2/002 F 2027 MARY ANN FEUERSTEIN CLERIC f RECORDER WELD CO, CO 1, A All that part of the SW1/4 of the SW1/4 of Section 29, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado, described as follows: BEGINNING at the Southwest corner of the SW1/4 of said Section 29; thence North along the West line of said SW1/4 439. 11 feet; C thence East and parallel to the South line of said SW1/4 35 feet to a point on the East right-of-way line of U.S. Highway No. 85, said point being the TRUE POINT OF REGINNING: j7.. thence continuing East 371 .07 feet, more or less, to a point on the . x .�. West right-of-way line of the Union Pacific Railroad; thence South along the West right-of-way line of said railroad 409. 11 feet to a point 30 feet North of the South line of said SW1/4; thence West and parallel to said South line 272. 13 feet, more or less, to a point on the Easterly right-of-way line of U.S. Highway No. 85; thence North along said Easterly right-of-way line, 1.8 feet to a point on the Northeasterly right-of-way line of said U.S Highway No. 85; thence Northwesterly along said Northeasterly right-of-way line 130.6 feet, more or less, to a point on the East right-of-way of said U.S. Highway No. 85, said line being 35 feet East of the West line of the SW1/4 of said Section 29; thence North along said East right-of-way line 323.31 feet, more or { ; less, to the TRUE POINT OF BEGINNING. e. ' "' ��•��+ en1E1f CATHY FORMBY V5002 ....—• �1 I I n/a I n/a I n/a d. Attachments. The follmaring OchLits,attachments and addenda souped(ChM contract Schedule A legal discription, lead base paint disclosure,measurement disclosure,transaction broker addendum, addendum to contract for sale of Real Estate. e. Applicability of Terms.A check or similar mark in a box means that such provision is applicable.The abbreviation"N/A"moats net applicable. 3. WCLUSIONS AND IXCLUSIONS. a. The Purchase Prim includes the following items(inchtsims). (1) Fixtures, if attached to the Properly on the date of this contract,lighting,heating,plumbing,ventilating,aid air conditioning fixtures,intile telephone wiring and connecting bbckt/jaks,plaits,minors,floor coverings,intercom systems sprinkler systans and controls,and all attached fixtures on November 10,2000 (2) Other Iadasiom.Ifni the Preperiywtellter attached or not on the date of this contract stoma windows,storm doors,window ad porch'halos,awnings,blinds,screens,window coverings,ordain rods,drapery rods,storage deeds,sett ell keys. d: ® Chick box ifinclude Seaeke Fh'e Detectors, D/a ®Security Systems;and (7) Tiede Fbmres. With Inspect to trade fixtures, Seller cad Buyer agree as follows: D/a b. laatru ants of Trawler.The Inclusions onto be conveyed at Closing fteeand clear of all taxes,liens and encumhrarers,except as provided in§12. Conveyance shall be by bill of sale or other applicable legal insnument(s), c. fl The following attached fixtures are excluded from this sale: sellers non attached trade items 4. PUACHASL PRICt AND Tt.AMS.The Purchase Price set forth below shall be payable in U.S.Dollars by Ds N. Regimen Item Buyer as blows: 2 g4a Pnchase Price S id 474,000.00 Amount Money §4b NewLoan S n/a 3 00 4 §4c Assumption Balance 974,000.00 s §4d Sella or Prom Financing n/a 6 4e Cash at Ceara a/a 7 TOTAL, S 474,000.00 S 474,000.00 a Lnea bfoaay'7he Earnest Money set firth in this Section,in the form of thank Purchase Pries and shall lea payable to and held by Front Ranon Ti Pin •ropat payment of the othoth Sella lad Bursar.Thepatties authorize deli oftbe Erneste .b its trod COMM,m behalf b. New loan.Boyer shag obtain a amylase set forth in this SectionMoney as follower ng��a�•if my at orbebm Closing. ®Cdncntiaaal O Other pia This ban wilt be scoured by a tar ust. The total ban not in excess of S 414.O �)deal o[t 00 no en antlet, all aPPaeximetefyS [toot shall be amortized over a period of rind per month including principal and interest not to exceed tintyeas at Buyers lender•a monthly dcposk of 1/12 of the estimated metal real estate taxes and property 94 per annum, loan if requited by interest rate or graduated Palmist loan,the monthex insolence figures ur sat f rt'ta loan is an adjustable ]y paytuents and iataea rate initially shall not exceed to sat forth above. Loos discount points,if any, shall be pail to lender at Closing and shall not exceed Phd Notwithstanding the loan's interest ram,the Litt Lhe loan discount points shall be paid by nit Pe of the total loan eminent. and the balance,if any, shell be paid by Lbd Buyer sballt®IypayBuyars loin cods and atom origintim feenotto exceed that a waled (Omitted-Not Applicable] %ofthe lea eminent. d. Seller or Private Financing,(Omitted-Not Applicable) e. Cash at Cbeing.All amounts pail by Buyer at Closing including Cash at Closing, plus Buyers closing costs, shall be it funds which comply with all applicable Colorado lane, which include cash, electronic trns&r fads, certified check,savings and loan teller's check and miner's check(Good Fends). 5. FINANCING CONDITIONS AND OBLIGATIONS. a. Loan Application. If Boyer is to pay all or pan of the Purchase Price by obtaining a new loan,or if an existing ban is not to be retested at Closing,Buyer,if required by stub lender,dull male write appliation by Lean Application Deadline (§ 2c).Buyer shall cooperate with Seller and lards to obtain loan approval,diligently and timely pursue same in good faith,execute all documents and furnish all informatica Cat>Me.Cereal So Ivy and Sell Real Elea(Ceres. n tall,WS= Reefls'O Fame,Sex 4700,Krim,CO 80443, Version 8.02,ORaIFA$T0.2000:Rene LCCCCLV8899 CortOhnd by Lya .Broker Associate.Cntevel Duty Plains 1748.(s) -� 7v1�-f >,. S 0 111/0014:15:13 �/!�'e'2'`y�7/, ue.uu rna avooazuoaa EMMETT CATHY FORMBY ij003 r and document'required by leader.and,set to§4,timely pay the costs of obtaining such loan ender consent Buyer agrees to satisfy the teamnoble segnimuama of lender,and shall not Menem the loon or assumption application,nor intentionally cause my change is eicwnstances which would paepdice!oldie's approval of the lea application or finding of the ban. • ti. Lan Cole—eat.If Buyer is to pay all or part of the Pinta Pelee by obtaining a new loo as specified in §4b,this contract is oaadidonel aeon Buyer obtaining a mitten loan commitment ndedng if required by lender,(1)lender ere 6ation of emp bread,(2)lender appteval of Buyes's nadt.wortioess, (3) lender verification that Buyer has sufficient finds to doss and (4) apeetntion tif any retuioing . toquitemeets for finding nil ban. nnm edtim shall be deemed waived unless Seller waive Seen Buyer,no later than Lean Caeettment Destine(§2c).written notice of Darr ioatiltyto obtain such loan commitment HBuyer so notes Seller,this attract dull terminae. ' IE BUYER WAIVES THIS CONDITION BUT DOES NOT CLOSE,BUYER SHALL BE iN DEFAULT. C. Credit Iatrnatin.[fhnited-Not Applicable] d. Esiaalae Lana Rflw,[Omitted-Not Applicable] 6. APPRAISAL PROVISION& • it. Mordent Cowan..This subsection a. ❑Shall Nana a1 Not apply. anBuyershall lime Ilse mm "poker sole option and election to to nste this cement if the Purchase Price exceeds the Property's valence den:mined by engaged by Poster The contract shall terminate by Buyer giving Seller written notice of termination and either a copy of such appraisal or written notice front lewder which confirms the en or before the Appraisal Deadline(§2c).If Seller does not receive sash written of ��is less than the o Appraisalchate Pr Deadline (§24Buyerwalvecmy right toterminate under this subsection. nnnjnatienonorlte6mthe b. Cost of Aonratsal,Cat of anyappraisal to be obtained giber the date°fent contract shall betimelypeid by @ Buyer 0 Seller. 7. EVIDENCE OF TILE. a. Evident or Tint Senn On or before Tide Deadline (§ 2c), Seller shall cense to be famished to Buyer,at Sellere expense,a current conanin ant for sweets title Surinam policy in en amount equal to the P'el'age Prix or if this box is checked, 0 An Abstract of title certified n a a ant dab. If a title insurance commitment is famished,it ®56'11 ❑Mud Not eammt to delete a nurse over the standard exception.which relate to: (1) parties in possession, . . (2) tnrecarded eeemeets, (3) tansy meters, (4) arty nmecordedmechanics'liens, (5) gap period(effective date of commitment to date deed is recorded),and (6) unpaid taxes,asessmmts and ra>redeenmed tot sales prior to the year((Closing. Any addtiooal premium aspens°to obtain this additional coverage shall be paid by N Buyer 0 Seller.An amount not to exceed S 3,000_ne for the cost of any improvement locationsaRjlctt or sac sbaltbe aka N this asaein,Miter ^� a by Beyer 0 Seller.orsurvey af the cost received by Bayer en or hobo S shell allexc cause ourth6d onnClosneg Thsmprove eli location yeraseorconveyshagebe anoi der Closing Survey Deadline(§2c).Sella shag the tile asmance poljeyto be delivered to Buyer as soon as practicable at or infer b. Coats of treeO es.On or before Title DaaBne(§24 Seller,at Seller's expense,shall finish to Buys (I)a copy of my plats, • declaration,cantata,auditions aid restrictions burdening the Property,and(2)if the insurance commimmt is required to be finished,and if this box Is checked N Copies of arty Other Documents (or,if illegible, 'annuities of such documents) fined in the schedule of exception(Exceptions).Even lithe box is net checked,Sella shall have the obligation teby Buyer anytime on or befbss thebThisr to finish these d pertain only puttered to this subsection un if requested by office of the clerk and Dr The abc Request tt Date(§2c).This shell ny copies to summaries of as shown of record in rho pursuant to t,coectit s)The abstract or title isle D co conrnit eel,together with any or stsom=ins of such document finished this Section,constitnb the tide docmnems(Tile Document,). & TTTLE. a. Tide Renews.Buyer shell have the right to inspect the Title Documents.Written notice any other unsatisfactory title condition shown bylbe Tile Documents shall be m a and d given toanare S anObrn bethe or lof e O6jedta Deadline (§ 24 or within five (5)calendar days after receipt �Bayer layman Tide DBuyer ulSella t or beforeinnth Exception(*)to the title co....a. ont tegdber with copya a Bayer eanyTi0a D(s)te at or Sella doss net re adding new notice by the die(s)specified above,Buyer arc of the o Title Document eddngnaw TitExle Documents title,t£Seller does red receive$uyda uY accepts the emdittrq oftitb as disclosed by the Title as satissetory. b. Mattes not Shown by the Public Records. Sella shall deliver to Buyer, at or before Of 'Reeerd Mitten Doable (§2c)true copies of al leare(s)and awwy(s)in 5clbts possession pertaining to the Property and shall disclose to Bayer all easements, liens or other title natant not ems byte public accede of which Seller ha actual knowledge. third party(tes)has my right in the Pr Bayer shall have the fight to ice,unrecorded the Property ,or boundary if my dtacn noy)Minn satire of any uanilafaao 'bows by the public disclosed records by (such remain an an by sad aspen shall n roundeh lino Bayer aid given to Seiko m or before OR rye Mat rs Os)election a Sege(4 ) I fSe Seller such inspection shall be signed s i on behalf of crap �n such fehid Matters o f which Bu Undue 20 nits r don aotreaiwBuyets notice by said date.Buyer accepts tale a rights if ay,ofehid parties of which Bayer has actual brownies c anent Mitt TNatrids. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION nortramtas THAT LS PAID BY REVENUES PRODUCED FROM ANNUAL TAR LLYIES ON THE TAXABLE PROPERTY WTTHBt SUCH DISTRICTS, PROPERTY OWNERS IN SUCH DISTRICTS MAY fl PLACED AT RISC FOR INCREASED MDL LEVI=AND EXCESSIVE TAX BURDENS TO SUPPOirl THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING INTI M BYABIITY OF SUCH A DISTRICT TODLSCHARGE SUCH INDESIEDNLSS WTT ISOUT SUCHAN INCREASE IN MILL LEVIES.BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION minnenanss OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUM DISTRICT SERVICING SUCH I DEBTEDNESS,AND THE POTENTIAL FOR AN mamaae.IN SUCH Mill.LEVIES. In the event the Prepesty is bated within a special taring district and Buyer desires to terminate this contract as a remit,if written antis tlee 2440,Catrked to heym o set Rae elate(Ooeeu.etag.sons Romig eFoa m Bee 4700,Pittce,m eoees, version n.02.W a FAste,2000;Raga=canon .. akdd by-Burly Lyall,Bicker Amerada CaM+dl Banker Plains w,,,..n4..4c.,e . a O 'zt[ IW1T1'L s HE E bailr$ 1 400/ 9l utim/ZU0U ua:ul FAIL 3030520654 EMMETT CATHY FORMBY Z004 is mewed by Selleres or beton OQ_geeend L .ers Objection Dadlioe (§ 2c), this contract shall __m temuate. If Sella does not receive Bnyto'snetice by such date,Buyer accepts the effect of the Ptopertys inclusion in such special taxing dishict(s)ad waives the right to so terminate. d. Right b Curt If Sella receives notice of amadtaatability of tide or any ether mtasirbc eery title iondition(s)or eommitmcnt tuns as provided in§ 0 a or b above, Seller shall use rmonad&eibrt to covet said items ad bear aiYnemiod expense to cones the same prior to Closing Rack nosentatfery tile cmdiim(s)are not corrected on or bebre Closing,this contract shall then tarn ste;provided,however.Boyer may,by adieu notice received by Seller,at or bethn Closing,twiteobjeetlon to inch lams. e. Tide AdNwry, The Title Documents sect the tile, ownership and me of the Psoperty ad should be reviewed carefully. Additionally,other magas not reflected in the Tide Documents may affect the title,ownership and use of the Property,including without limitation Malay has end dacroad men,, am, ninths unrecorded easements and claims of easements,bass and ether mnrecorded agreements, and vanes hers ad goneemmtd ambit's containing lad use, development and melanoma! matters. The surface estate say be awed • apamnb from the underlying mind estate,and transfer of the surface aide does not neceasily Indude transfer of the mineral rights. Tided p e tka WY hal latent in ill,gas,ether minerals.geothermal energy Sr water an err under the Pim.e h,wadi Interests may give atm rights in data and use the Ps e c.ly. Suds rattan may be acceded from the tide insurance policy. Bayer is ebbed to timely consul legal canal with raped to dl such mien its there me stria tins imps provided in this contract(n.g, Tlge Objection Date[§2c]and OR-Raard hiders Objection Dadttoe [§24). 9. )LAD-RASID PAINT, halms exempt, if the improvements on the Ttolesty include me or sae sessti dential dwellings)for which a baiting permit am lased prior to Jimmy 1, 1978,this contact shell be void milers a completed Lend-Bawd Pant Disclosure(Sales)form is signed by Seller and the squid led estate heatse(s),whim mat occur prior to the patios sippngthis contract. le. fROPERTY DISCLOSURE AND INSPECTION.On or bane Seller's Property INsdnare Deadline(§2c),Sella agrees to provide i Buyer with a write disclosure of shone matters regarding the Property completed by Seller to the bean of Senses arms actual imowled a. Ieanctba Obier:tla Deadline. Buyer shall have the tight to hie inspection(s) it the physical condition of the Property and Indmbes,K Buyw's expense.Ifthe physical cmditim of the Propety or Inclusions is unsatisfactory H on or before Inspection Objection Demise (§ 2cy in rya's subjective discretion,Buyer shall, (1) notify Seller in writing that this contract is terminated,or n Correct). . provide Seller with a write description of any rme tiahetoty physical condition which Buyer requires Sella to cased lfwraten nodes is not received by Seller on or before Inspection Objection Dadiae (§ 24,the physical condition of the Property and Inclaaiem shall be deemed to be satisfactory to Buyer. b. Readable Dedllae,Ifs Notice to Caned is received by Seller and if Buyer and Seller hie not agreed in writhe to a settlement thereof en or before Readabon Deadlier(4 2c),this contract shall laminate me Seeder day following the Reelaba Dallis ((§2e),robs before suds temsi etian Seller motives Buyer's written withdrawal of the Notice to Cosec. a Dmen Max Ldanrdty.Buyer is responsible for payment Sr all aspections,surveys,eng nming reports a br any other work performed at Buyer'sregoaa ad shall pay br any damage which odes to the Property ad Inclusions as s result of such activities Buyer shall as permit dam orliens of any kind against the Property for inspections surveys,engtheerng reports and foray*thereon patterned on the Prope rty a Buyer's repast.Buyer agrees to indemnify,pelted ad hold Seller bowled from and against my liability,damage,cost a expense incurred by Seller in comedies with any such inspection,claim,or hm. This indemnity ncltldist Sallies right to mown all costs and expenses inclined by Seller to enforce this eubsectim,including Seller's rasomble moray fees.The providers dtbis subsection shall'revive the termination of this contract II. CLOSING Delivery of deed(s)from Seller to Buyer shall be at Closing(Closing).Closing Thal be on the date specified as the Clastag Date(§2c)o by nomad agreement at an earlier date.The hour and pbce of Closing shall be as designated by Front Range Titl 12. TRANSFER OF TALL.Subi cite tender or paymnt at Closing as required he l ad compliance by Buyer with the other Mac aid previtloos hereof;Sella shall execute ad deliver a good ad sudden genera 1 ..a.ran 9 deed to Buyer,at Closing,tonveyngthe • Prupeity free ad clear ofaf tares except the general taxes for the year of Closers Except as provided herein,title shall•be conveyed he.ad clear d all liens,incldng any governmental liens Sr special improvements totalled as of the data of Buyer's signature hereon,whether assessed or not. Title shell ie conveyed subject to. a. these specific Exceptions described by reference to mcorded documents as rd/eded in the Tile Damon accepted by Buyer is aocerdace with§8a[Title Review], b. • distribution utility easements e. those eperfficdly desailyd rights of third parties ad shown by the public records of obirb Buyer has actual knowledge and'filch wets accepted by Buyer in aceerdace with§Sb[Matters Not Shown by the Public Records],and d. inclusion&the Property will any special taxing district,and e. the bandits ad burdens day deaeration and party will sgreemmts,if my,sod _ £ alter Dia 13. PAYMENT OF ENCUWHRANCCS.Any meambraee required to be paid shall be paid at or before elating from the proceeds oft is transaction et from my other source. 14.Omer items inquired OOSTSS� Good AND SERVICES.Buyer and Seller stall pay,in Funds,their respective nosigcosts ad all rmpird to be paid at Closing accept as otherwise provided herein.Buyerand Sella shill sip and complete all cudamayor ream ably requited documents It or before Closing.Fees for red estate Closing services shag be paid at Closing by ®One-Ralf by Buyer and One-Ralf by Sutler ❑R>ger ❑Seller ❑Other Dia The local tras$r tat ofn/a %of th.Purdiase Price shall be pal at Closing by ❑Sayer 0 Seller.Any sales and use tax that may MONO became of this trasndim shall be paid when due by 0 Buyer 0 Salter. Is. pRORAnows. The fawns shell be preratedte Clang Date(§2c),except in otherwise provided a. Taxes.Penoaal property taxes,fay,aid general real estate taxes far the yca of going,a on ®The Tame for the Calendar GUS Zen,Ceaeratte guy ad Bea Red istsee ranerrc:al,Sass RmFAfregemn,Ben 4700.Aimee,CO 80443, Version BAR,CROSrAITS.2000;Roe LCOCOt2206Ba .. C^eRillisd tree,OtskorAssecialo CdAvee Beeler Plains Buse(s) = 0W1110014:1513 ‘i ol7 uviits/2111.0) 09:02 FAX 3036520654 E.HNETT CATHY FORMBY O005 Year ImedbM .-� b Preceding Gilding 'r�7mt Recent Mil Levy and Mast Recent Asseasex Other • a/a b. Bag.Reds based on O Rents Actually Received D Acrid Securitydeposes held by Seller shall be credited to Buyer. Seller mall wl d angina to Buyer and Bayer shall assume such leases. Die Other Praeadoes.Water,sewer charges;and interest re continuing loa(s),ifany;and . apthina else d. Final Settlement Unbe otherwise agreed in writing these prorations shall be final. I6 POSSESSION.Possession of the Property shall be delivered to Buyer on Possession Date aadPassession Tune (§2e),subject to the following Maids)et tenmry(sk none If Sellee s e Clonal&Sib to deliver possession as speared,Seller shall be subject to eviction ad than be addtbta➢y liabk to Buyer forpeymnt s[S a 00 00 per day from the Poeesesdoe Date(§2c)until possession is delivered 17. NOT ASSIGNAILE,This eontrad shall nit be assignable by Buyer without Selea's prior written content Except as so restricted,this centnd shag inure to the benefit of and be binding upon the heirs,personal representatives,soceason and assigns oldie pates. It common OP,AND DAMAGE TO PROPERTY AND INCLUSIONS.Except a otherwise provided it this contract,to Property. Ingleside*or both Mall be delivered into condition existing asof the date ofthis contract,oMalasynear and tear excepted s. Carr;Insurance.In the evert the Property orinch:does shall be damaged by fire or othercannhyprior to Closing,in an annum dfant more thin ten percent of the tda lPwobase Price,Seller shall to obligated to repirthe sine before the ChaYxg Date(§2e).In the event such damage is not maned withal said time or if the drags exceed suck sum,this contract clay be terdeated at the option of Hoye by delivering to Seller wake notice ofteadvatios Should Buyer elect to carry out this contract despite such damage,Buyer shall be entitled to a credit,at Closing, for all the insurance pmmedsremltngfont such damageto the Property and inclusions payableto Selbrbut not the owners'associdim,if any,phis the amount of any deductible providedSr in sob insurance policy,such credit not to exceed the total Purchase Price. b. Dames;Ierlasber,Services.Should cry rnclaeion(s)or eervice(a)(mcbdng swards and component Tithe Property.e.g.herring. plambbg,de)fah at be damaged beween the date of this centred and Closing or possession,whichever shall be earlier,then Seller shall be liable for the repair or replicated of such Inclusion(s)or service(s)with a unit of similar size,age and quality,or an squinted credit,but ally to the extent that the a teoanm or repleo meat of such Indusien(s),service(s)or Octme(s)is not the mspmsibiliy of the green'association,if any, less any insurance proceeds mcdwdby Beyer covering std,repair or replaosmat e. WatThered,;Verification or Condition.Buyer:aeon seasonable notice,shell have the right to walk through to Property prier to Closing to wary that the physical crediting dike Property and Inclusions complies with this contrail. 11. *fECOM67ENDATION OR LEGAL AND TAX COUNSEL.By signing this document,Buyer and Seller ackucwtedge that the Selling Csapaay or the Listing Company has advised that this document has important legal consequences aid has recommended the carnation of title and cousaltataln with legaland tax or other cousin before signig this contract. 2t ME OF i OSENCI AND RAMIDILS.Time is of the essence hereof Navy note or check armload as Tamest Mossy herouoder or any other payment dee heretidt a not pad,honored or tendered when due,or if any other obligation heretader is not petted or waived as hetet provided,them shall bathe fallowing remedies: a. 'Inner is ln Deanat ® (1) Specific Performs.Sallersoy elect to treat this contract es canceled in which ease all payments and things of value received hereon&shall be Welted and retained on beherof Seger,and Seller may recover such damages at may be proper,or Seller may dad to treat this Qas Wing in full force ad effect and Senor shall have the right to specific petfornence ordanagea,or both. (2) Liaddatd Dalwges:All payments end things of vibe received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shag thereafter be mused firm alt obligsims bemuder. It is agreed that such payment ad thugs of value me LIQUIDATPD DAMAGES and(except as provided le subsection c)ate SELLER'S SOLE AND ONLY REMEDY for Boyer's filere to perform the oblimbi=of this contend.Seller expresslywaivesthe omedie of epedfie performance and additional damages. b. If Sells' sin basin, Boyer may dcd to time thiscentat-s canceled,in.which- all payee to and things of vales received 'seconder sad be retained aid Buyer any recover such damages a may be proper,or Buyer may elect to trod this contract as being in full farce and effect and Buyer shall have the right to specific pmfomanee or damages,or both. e. Coats and tapenses. he the event of any atbimtion or litigation renting to this contract,the arbitrator or court stall award to the preveimg pray all reasonable eostaad expenses;including Steady fees. 21. MEDIATION. If a d spnte arises relating to this contact,prior to or after Closing,and is not resolved,the parties shall first proceed is good Sit to sass the mater to mediation Mollifies is a process in which the parties meet with an impartial person Win helps to resolve the depete infem ally and cocfidentially. Mediators acne impose binding dedsims. The parties to the dispute must agree before any settlemeit is ti nde m The priers will jointly appoint an'acce(ralie nsediasorand will shire-equally in the cod of such megaton. The mediation, unless otherwise agreed,shall terminate in the event the setae dispute I not resolved 30 glade drys from the date written notice requesting mdiatim is toot by one prayer the other(s).This Seethe shall not alter any date in this contract,=less otherwise agreed. 22. EARNEST MONEY DISPUT'E. Notwittstedmg any temcation of this contract, Buyer and Seller agree that, in the event of any cemsaeny regarding the Earnest Money and thins of value held by broker or Closing Compeny(mies mutual written instruction etc received by the bolder*Me Earnest Money and thugs of vales)broker or Closing Coenpay shall not be rmc ailed to take any action he may await any proceeding,or at broker's or Closing Company's option and sole discretion,may interplead all pasties red deposit any moneys or this cicalae into a emit afampeaent junsmchen and shall recover court cods aid reasonable atoreyies. 23. TERMlNAT TON. In the swat this contract is terminated,ail payments ad things of wire received hereunder shall be remind and the patio den be relic ndofalloblipatimmshemuoder,subject m§§10c,21 and 22. 24. ADDITIONAL PROVISIONS. (The language of these additional provisions hs net beer approved by the Celesta Reel Estate 244e,Cements'Bryant Sail Real CMS ecooneteq,manta RaaFAST0 ram4 Bee 4700,Fellers OD 60443,Von,,QO2,ORSIFAITI,2000;Real LCOtxx.226690 CenipWd Lyal,Behmatseaiate.Coldwdl banter Plains luea(s)��M 09111A014:15:13 .1' 6 6d7 9dler(e TER HE 1)e/ie/zuuu 1)9:03 FAX 3036520854 EMMETT CATHY F0RMBY V1006 Cecmessiao.) 1. Reg Paragraph 11/Closing; 4l Preliminary closing shall be November 10,2000. 42 closing • date shell be November 10,2003. 23. MNrnnt ACBir=gfNT;SMISCO0RNT MODIFICATION;SURVIVAL. This reenact conctitntes the entire anew brew= the parties tdating to the subject keteot:ed anypdor agreements pendent thereto,whether oral or mitten,have been merged and integrated into this anittact.No abserpe g modification of any of the tens of this contract shall be solid,binding upon the parties,m enfotreable union made in smiting and signed by the patios.Any obligation in this contract wbirb,by its tenu,is intended to be pmfonned after tememation or Closing shall survive the same. 26 FA43IMILL. Signatures @ May 0 May Not be avidaced byfacsinile Documents with original signatures shall be provided to the odor party atClesig,er earlier won request ofanypaly. 27. NOTICe-Except for the notice reputing mediation described in§21,any noels to Buyer shall be efibdive alien received by Bnyor or by Selling Company ad aynotice to Seller duBbo eSadivewhen receivedby Seller or tiding Company. M. NOTICe OFACCLPTANCE;CQnrrrRPARTS. this pnponl shall empire unless accepted in Pelting. by Buyer and Seller, as evfl end by their signatures below;sod the offering party ncdwe notice of accopmtm pursuant to§27 on or before Acceptance Des dila,Date mid Accepts*Deadline Time(§2c).If accepted,this doormat shall become a contract teat Seflerand Sayer.A copy of this document may be c ed by oath peaty.segendd`and when each patty has executed a copy Minot such copies taken together shall be deemed to be a fell and bte contract PBUYER DATE I Ruben J R dri • BttJo .lit/ 4!/Gl�r 011Te ///�� Jos Jo s Si vat BUYER qinfiaiZe( l.✓/Y/71-n DATE 50y a Manuel Nanriquez o is being�pF 9red or rejected,do not sign this document Refer to§29] STILLER j jmE C,- y, DATE / �x.�'CJC.J Emmett i 1;it SELLER attahAtt.: DATE ..Catherine ronby FOP Mat/ 29- COmR7itt RE,BECT1oM-This oar is ❑Countered 0 Rejected. 0BS 2444.Camas*Rey ad net Ras rate(Oenntat0,Sine Rea Ferret FASllFer Bat IRO,niece,co 80443,Pemba 6.02,OReetA$TB,2000;Re.LC0C0I?M899 . CarrOtrted by.Omar tut■derAsaoctda,Caldwell Banter naiee 09/11410 14:15:13 Page ion 7 • O'',�,L�C.J s� it /"C C7/97 va,lo/Luau us:u3 FAIL 3030520654 EMMETT CATHY FORMBY ?)007 lakes oily of patty Meyer or Seller)rob, asterd or rejected olbr END OF CONTRACT 'Nate:Cpdeg Instrectiate shawN be signed en or be wn Title Deadline. I BROIRRACTCfOWLEDGMENTS.The undemigned Broket(s)acknowledges receipt of the Eamon Money deposit specified in§4 and,*Mk not a partyb the contract,agrees to cooperate upon request with ray mediation conducted under§21. • Seam Offer Braberrga Rebfonshb. The Selling Company aid its Securest butt teen engaged in this trasadien as O Buyer Agent 0 Seger Agest/Sebagent O Dual Aged ®Transacttee-Broker. LINT Ceraismy Brakarage ReLtloasb(p. The Listing Company and its licengees have been engaged�P Y in this transaction as®Seller Agent 0 Dual Agent El Transaction-Beaker. BROKERS'CO)IPENSATIONDTSCV raQr4r, Sal lmgCempayscompensation er commission is to be paid by. O Beyer 0 Seiler O Listing Coepagy O Other go n/a D a be completedby Listing Company) Listing Company's compensation or commission is to bepaid by ❑Boyer ®Seller ❑Other Selling Coummy: Coldwell Banker Plains 21 N. 1st. Brighton, CO. 60601 Phone: 303-655-0000, Fax: 303-655-0407 By: Sig atMe Becky Lyall Data ListagCompany Caldwell Hanker P1ainn Anal Eft ate Tnr (Name efCompany) Signature Date LietogConumuilAddresr 21 N 1st. man. Brighine en Bowl Lifting Cempay'sTelephoneNo: 701-653-0000 Listing C ompayefaxNo: ln1-6Rry-0a07 assxew,Gamma so Buy stelSelf Real Bstre(Commerdsn,=Se Re>FASN Sat 4700.Fvlsco,CO 80443. Version 802,tRWFASTS,2000;Re.LCOCOL22Hsne • . Caret' Lyae,Rater finteciele.tddsue Boat(Plain e7 °NNW 0911110014:15:13 wee 7• dam/\q9/ uv/44/2000 09:03 FAX 3036520854 EMMETT CATHY FORMOY W006 • • • I. •PURPOSE OF AGENCY:31m ( rrpare of this *gooey contract ('Listing Conlrase) is to engage the efforts of Rroher to ou:omplish the snit of the real property legally ticverihetl,os: • 16210A PT W2SW4 29 2 66 DEC AS PT 439.11'N 4 35'E OF SW COR SEC 29 E371.07' TO W R/W.UPPR S ON RR R/W 409.11' TO PT 30'N OF S LN SEC 29 W272.13' TO PT ON ELY R/N US 95 N ON R/W 1.6' TO PT ON NELY R/N US 85 NWLY ON R/W 130.6' aim known as )301 S WPR 16 Fort Lurton Co. 00671 St rod Atklo s City Stole Zip lapther with with dons of personal pryrcriy to ht eonveyd porsrunl In Section g (enlledively. the"Properly") • • • • • • • • • • COO/L / ) v-• .,,. &..,,," VO.U 4 me OUJUDL"OJ4 EMMETT CATHY FORMBY ®009 BUSINESS LEASE This Lease is made and entered into on November 10,2000,between Emmett Formby and Catherine Formby,Lessor,and Manuel Manriguez,Ruben J.Rodriguez, and Jose De Jesus Silva,Lessees. In consideration of the payment of the rent and the performance of the covenants and agreements by the Lessee set forth below,the Lessor does hereby lease to the Lessee the following described property situate in the County of Weld,in the State of Colorado;the street address of which is 13015 Weld County Road 16,Ft.Lupton,Colorado 80621. SEE ATTACHED LEGAL DESCRIPTION • To have and to hold the same with all the appurtenances unto the said Lessee from twelve o'clock noon on November 10, 2000 and until twelve o'clock noon on November 10,2003,at and for a rental for the full term of$252,000.00,payable in monthly installments of$7,000.00, due on or before the first day of each calendar month during the term of this lease at the office of the Lessor at 21 N. 1"Ave. #190,Brighton,Colorado 80621,without notice. The Lessee,in consideration of the leasing of the premises agrees as follows: 1. To pay the rent for the premises above-described. 2. Lessee shall be responsible for: a)all taxes,assessments,and other governmental charges which are levied against and may create a statutory lien upon the leased premises which are levied or assessed during the term of this lease;and b)all premium for fire and extended coverage insurance,property damage,and liability insurance in such amounts as the Lessor may reasonably require; and c)all costs and expenses of repairing and maintaining structures on the land, all of its components,and all land surrounding the building. 3. To keep the improvements upon the premises, including sewer connections,plumbing, wiring and glass in good repair, all at Lessee's expense, and at the expiration of this lease to surrender the premises in as good a condition as when the Lessee entered the premises, loss by fire,inevitable accident,and ordinary wear excepted.To keep all sidewalks on and around the premises free and clear of ice and snow,and to keep the entire exterior premises free from all litter,dirt, debris and obstructions; to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situate. 4. To sublet no part of the premises, and not to assign the lease or any interest therein without the written consent of the Lessor. 5. To use the premises only as a restaurant,bar,nightclub and lounge and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado,or of the ordinances of the city or town in which said premises are located;and INITIAL .77)2 /. � HERE . . /-: 19)/ oaiiotzuuu 09:04 FAX 3036520654 EMMETT CATHY FORMDY 21010 for no improper or questionable purposes whatsoever,and to neither permit nor suffer any disorderly conduct,noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 6. To neither hold nor attempt to hold the Lessor liable for any injury or damage, either proximate or remote,occurring through or caused by the repairs,alterations, injury or accident to the premises,or adjacent premises,or other parts of the above premises not herein demised,or by reason of the negligence or default of the owners or occupants thereof,to be endangered by overloading,nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations in or changes in,upon,or about said premises without first obtaining the written consent of the Lessor. 7. To allow the Lessor to enter upon the premises at any reasonable hour. 8. To pay all charges for water and water rents, and for heating and lighting of the building in which said premises are located. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSOR AND LESSEE AS FOLLOWS: 9. No assent, express or implied,to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. Any payment by Lessee,or acceptance by Lessor,of a lesser amount than due shall be treated only as a payment on account. Further,failure of the Lessor to timely bill for taxes, insurance or repairs,as required herein,shall not be deemed a waiver of the Lessee's liability to pay same. 10. If, after the expiration of this lease,the Lessee shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession,then such tenancy shalt be regarded as a month-to-month tenancy, at a monthly rental, payable in advance, equivalent to the last month's rent paid under this lease,and subject to all the terms and conditions of this lease. 11. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Lessor may,without being obligated to do so, and without terminating this lease, retake possession of the said premises and rent the same for such rent,and upon such conditions as the Lessor may think best,making such change and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and the Lessees shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. 12. If any part of the rent provided to be paid herein is not paid when due, or if any default is made in any of the agreements by the Lessee contained herein,it shall be lawful for the Lessor to declare the term ended,and to enter into the premises,either with or without legal process, and to remove the Lessee or any other person occupying the premises, using such force as may be necessary, without being liable to prosecution, or in damages therefore, and to repossess the premises free and clear of any rights of the Lessee. If,at any time, this lease is terminated under this paragraph,the Lessee agrees to peacefully surrender the premises to the Lessor immediately upon termination,and if the Lessee remains in possession of the premises, the Lessee shall be deemed guilty of forcible entry and detainer of the premises, and,waiving notice,shall be subject to forcible eviction with or without process of law. HERE Sac T27 c usiio cuuu uu:us FAA 3036520654 EMMETT CATHY FORMBY 23011 • 14. In the event of any dispute arising under the terms of this lease,or in the event of non- payment of any sums arising under this lease and in the event the matter is turned over to an attorney,the party prevailing in such dispute shall be entitled, in addition to other damages or costs,to receive reasonable attorney's fees from the other party. 15. In the event any payment required hereunder is not made within ten(10)days after the payment is due,a late charge in the amount of five percent(5%)of the payment will be paid by the Lessee. 16. In the event of a condemnation or other taking by any governmental agency,all proceeds shall be paid to the Lessor hereunder,the Lessee waiving all right to any such payment. 17. This lease is made with the express understanding and agreement that, in the event the Lessee becomes insolvent,or is declared bankrupt,then, in either event,the Lessor may declare this lease ended,and all rights of the Lessee hereunder shall terminate and cease. THIS LEASE shall be binding the parties,their on personal representatives, successors and assigns. yF'pFr gthEmmed��oEtfiby,Lessor __) 47hititati thtine Formby, L ssor Manue M. ez 'Les -e 1s r- Lesse ose D esus ' va, Lessee 09/18/2000 09:05 FAX 3038520854 EMMETT C:1TBY FORMBY ?]012 Addendum to Contract for Sale of Real Estate 1. As it reads in Paragraph 6a of this contract,Buyer is aware that if an appraisal is done and the appraisal comes in below the sales price in this contract,the buyer will make up the difference with cash,or some other method of their choosing. Buyer will not be able to terminate the contract if the property appraises lower than$474,000.00. • 2. Under Paragraph 10 of this contract,Buyer shall have the right to an inspection and shall have the right to investigate matters during the due diligence period between when the contract is accepted,September 8,2000,and the time of the Inspection Objection Deadline, October 27, 2000. During the due diligence period,buyer shall investigate the Weld County Health Department for requirements for operation of a restaurant on subject property. Due diligence investigations shall also include,but not be limited to environmental issues including Phase 1 Audits,zoning issues,and utilities available. 3. This contract is contingent upon buyers receipt of liquor license approval from the State of Colorado on or before October 13,2000. 4. This contract shall also include an option contract in which the buyers agree to pay to seller $50,000.00 on November 10,2000. This payment is a non-refundable option payment. At the time of this payment buyer will be credited for the S2,000.00 in earnest money deposited upon signing of the contract. 5. This contract shall also include an option contract in which the buyers agree to pay to seller $100,000.00 on November 10,2001. This payment is a non-refundable option payment. • 6. Buyers are entering into a lease which is also attached to this contract. The lease is a three- year lease with payments of$7,000.000 per month due on the first of each month beginning December 1,2000. As part of the lease,buyers/lessees are responsible for all property taxes, utilities,and insurance during the lease. Buyer/lessee shall be responsible for providing proof of payments to seller/lessor. Seller shall be listed as a loss-payee on all property and liability insurance policies. Buyer/lessee shall also be responsible for any improvements necessary for the operation of their business. Failure to make either of the option payments referred to in lines 4 and 5 above shall constitute a material breach of the lease. 7. A preliminary closing will be held on November 10,2000 during which the option payment referred to in line 4 will be exchanged and the lease referred to in line 6 will be signed. The preliminary closing will be held at Front Range Title,21 N. Pi Ave.#190,Brighton,Colorado. 80601. 8. During the due diligence period referred to in line 2 above,the subject property will remain on the market and all offers will be entertained. Upon seller providing written verification to buyer of intent to accept an alternative offer on the property buyer shall have 3 calendar days in which to provide seller with a written affidavit of buyer's intention to proceed without reasonable HERE �{ E /447 '-Y14 1 ,400/-399/ 59,10/C000 05:00 tAA 3036520654 EMMETT CATHY FORMBY 013 • contingencies. In the event seller does not receive timely notice of the intention to proceed ' without reasonable contingencies then the contract shall automatically be deemed terminated and all earnest money returned to buyer. HERE e . 1. PURPOSE OF AGENCY. The purpose of this agency contract ("listing Contract") is In engage the efforts of Broker in accomplish the sale of the real propery legally descrihed as: 16210A PT W2SW4 29 2 66 BEG AT PT 439.1.1'N S 35'E OF SW COR SEC 29 E371.07' TO W R/W UPRR S ON RR R/W 409.11' TO PT 30'N OF S LN SEC 29 W272.13' TO PT ON ELY R/W US 85 N ON 11/W 1.6' TO PT ON NELY R/W US 85 NWLY ON R/W 130.6' also known as 13015 WCR 16 Fort Lunton Co. 80621 Street Add,ess City Stale Zip together with such items of personal properly to he conveyed pursuant to Section R (collecli 'elv. the "Property"). • • • , m ILAINS REAL ESTATE,INC.,21 N. 1ST A.E,STE 200,BRIGHTON CO 80601 coLDWets 1� _ BANKeR O ... --7--- Square Footage Disclosure 303-655-0000 This disclosure is made to Buyer and Seller pursuant to the requirements of Colorado Real Estate Commission Rule E-4I and applies to improved residential real estate. PROPERTY ADDRESS: (30( 5 u Ca t(D .-(-_ C C , %0 ( 1. Licensee Measurement Licensee has measured the square footage of the house according to the,following standard, methodology or manner: Standard/Methodology/Manner Square Footage Date gib Ma . sorga Imo ItZ Exterior measurement 13,a3O -t- 1-a) _ 141q%Q �'v,v\-2 a1 o o PHA ❑ ANSI ❑ Local standard (ident J) ❑ Other - Measurement is for the purpose of marketing, may not be exact and is not rollout, valuation or other purpose. If exact square footage is a concern, the property should be independently measured. 2. Other Source of Measurement: ❑ Licensee is providing information on square footage from another source(s) as indicated below: Source of Square Footage Information Square Footage Date ❑ Prior appraisal ❑ Building plans ❑ Assessor's office ❑ Other Buyer and Seller are advised to verify this information. Any independent measurement or investigation should be completed on or before tl�tspecCon Objection �Deadline of the contract. By' .7 e 1 2 7— Listing Licensee Date The undersigned acknowledge receipt of this disclosure. Seller . D le Seller Dale -Ant,/,,, d'do/V7,,,-zee, 9 lifrz) 9 /wo ° Buyer ��j� l® at Iii r • Dat Ni. W9it/�l�� llir��/�OZ� COLDWeLL PLAINS• 21 N. First Ave., Suite 300 BANKe t LiREAL ESTATE, INC. Brighton, Colorado 80601 (303) 655-0000 Fax: (303) 655-0407 NOTE: DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE SELLER AGENCY, SUBAGENCY, BUTE AGENCY,OR TRANSACTION-BROKER. TRANSACTION-BROKER DISCLOSURE (BUYER) (Company Name) and its salespersons are working with you as a transaction broker. We assist you throughout the real estate transaction with communication, advice, negotiation, contracting, and closing without being an agent or advocate for you or the seller. You are not vicariously liable (legally responsible) for our actions and a written contract with us is not required. For purposes of this disclosure, buyer also means "tenant" and seller also means "landlord" As a transaction-broker we will: • Disclose to you any adverse material facts which we actually know about the property; • Perform any oral or written agreement made with you; • Exercise reasonable skill and care; • Present all offers in a timely manner; II • Advise you regarding the transaction, including suggesting that you obtain expert advice on material matters about which we know but the specifics of which are beyond our expertise; • Account to you promptly for all money or property we receive; • Assist you in complying with the terms and conditions of any contract and with the closing of the transaction; • Assist you and the seller without regard to race, creed, sex, religion, national origin, familial status, marital status,or handicap, As a transaction-broker we will not disclose the following information without your informed consent: • That you are willing to pay more than what you offer; • What the motivating factors are for you in buying or leasing the property; • That you will agree to financing terms other than those offered; • Any material information about you unless disclosure is required by law or if lack of disclosure would constitute dishonest dealing or fraud, except that we are required to disclose all adverse material facts pertaining to your financial ability to perform the terms of the transaction and whether you intend to occupy the property as a principal residence. THIS IS NOT A CONTRACT, 11 H sire, GN.ve been given a copy of this Transaction-Broker Disclosure on (dale) , l a t O O BUYER �r • On (dale) Zeit I , I provided the buyer(s) with a copy of this Disclosure and have kept a copy for our records. Company: COLDWELL BANKER PLAINS REAL ESTATE Inc. 21 North First Ave Brighton,Co. 80601 Phone: 303-655-0000, Fax: 303-655-0407 By: Signature Dale • Ths printed portions of this form have boon approved by the Colorado Real Estate Commisslon.(TBo26-1.94) TBD28.1.94 TRANSACTION-BROKER DISCLOSURE ReelFAST®Forms,Box 4700,Frisco,CO 80443, Version 5.52,CReatFAST®, 1999;Rege LCOCOL226699 Completed by-Sherry Parrish.Broker/Manager,COLDWELL BANKER PLAINS REAL ESTATE Inc. 08/03/99 10:39:15 Page 1 0l 1 coLDe' W �- _ Plains 21 No. 1st Ave., Suit'Li NS e 200, Brighton Co L ESTATE, INC. 80601 BANKOR 0 Real Estate, Inc. 303-655-0000(Office) I-888-447-9566(Toll Free) THIS ADDENDUM HAS NOT BEEN APPROVED BY THE COLORADO REAL ESTATE COMMISSION. IT WAS PRE- PARED BY LEGAL COUNSEL,FRASCONA,JOINER AND GOODMAN,P.C.FOR USE BY COLDWELL BANKER PLUMS REAL ESTATE,INC. THIS IS A LEGAL INSTRUMENT,IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. RIGHT-TO-BUY ADDENDUM (Delete as Appropriate) Unless stricken,the following provisions are hereby incorporated into the right-to-buy agreement dated between Broker and as Buyer. A Broker and its agents (collectively hereinafter "Broker") have been consulted only for assistance in locating real property for purchase and in negotiating the terms and conditions of such transaction. Buyer has been advised to seek the advice of professionals, (e.g. attorneys, appraisers, surveyors, contractors, engineers hazard and radon gas experts,etc.)for all other information related to any real estate transaction. ranssa lion ators, environmental B. It is recommended by Broker that Buyer obtain a general inspection of any Property and Inclusions and a written report related thereto from a reputable inspection company, and a separate written reportfrom specialists,if recommended by the general inspector, or if there is concern on the part of Buyer regarding the Property and Inclusions before irrevocably committing to its purchase.Buyer should obtain written cost quotations for all work recommended so as to be fully aware of • the potential costs of repairs,maintenance,improvements and/or upgrades which may be needed. C.,----lituytranknowled at it has been made aware that ho be purchased.Buyer is encouraged toe anty insurance gth programs ay are availableoffering and may such a warranty. s o coverage and financial strength of any company to issue D. Broker recommends that Buyer obtain an improvement location certificate and/or survey of any Property • irrevocably committing to its purchase to determine lot size,location of improvements, square footage, and any encroach- ments e that may exist.Buyer acknowledges that the square footage advertised is'generally the amount shown in the county records or an estimate determined by the listing agent or the seller and should he verified by Buyer.Information presented concerning financing terms; schools, zoning and other features of Property may be incorrect. Buyer should verify all information using experts of their own choosing,complying with the dates of inspection. E. Buyer shall independently research the present value and future marketability of properties, commodities,notes,and things of value to be given or received. F. Buyer acknowledges that Buyer's financial ability to close a proposed transaction will be a material consideration for a seller who receives an offer to purchase from Buyer. Broker,at a seller's request,may obtain and provide Buyer's credit report to such a seller. G. On new loans, Buyer should obtain a written commitment front the lender concerning interest rate,points, and other costs. • a State and federal laws prohibit discrimination.Broker offers equal service to everyone regardless of race,creed,color, religion,national origin, ancestry, sex,marital or family status, sexual preference,or physical or mental handicap.No such information,comments or opinions will be discussed about a seller,the Buyer,or the neighborhood in which shy Property is located. L Broker shall have no responsibility for payment or collection of notes and checks delivered in connection with any real estate transaction. • J. If possession is not to be given by a seller to Buyer on the closing date,Buyer should consult its attorney concerning the additional documentation that my be required in connection with such an arrangement. K. Real estate salespersons working under Broker buy property from time to time for themselves.Buyer hereby consents to allow agents of Broker to buy properties without first informing Buyer of these opportunities. yF Fa simile ' s of the parties on this 'ght-t -buy agreement shall be treated a original F signatures. Buy ate Broker: Coldwell Banker Plains Real Estate,Inc. Buyer Date By: Date Right-To-Buy Addendum 7/95 09/18/2000 09:08 FAX 9036520854 EMMETT CATHY FORMBY X014 mum :In c ?LAMS REAL ESTATE,INC.,21 N. 1ST A.E,STE 200,BRIGHTON CO 80601 :In Square Footage Disclosure 303-655-0000 This disclosure is made to Buyer and Seller pursuant to the requirements of Colorado Real Estate Commission Role E-4 I and applies to improved residential real estate. PROPERTY ADDRESS: 13015 C « c Co , 'Q k 1. Licensee Measurement II Licensee has measured the square footage of the house according to the.following standard, methodology or manner: Standard/Mclhodokuty/Manner Square Footage Date gig %U , srrgtl tiro Exterior measurement 13, 30 -j— 1iaD = 14Ig(ta JL.rn-t o ❑ FBA ❑ ANSI ❑ Local standard (idenrifj) ❑ Other Measurement is for the purpose of marketing,may not be exact and is not for•loan, valuation or other purpose. If exact square footage is a concern, the property should be independently measured. 2. Other Source of Measurement: O Licensee is providing information on square footage from another source(s) as indicated below: Source of Square Footage Infommtion Square Footage • Date ❑ Prior appraisal ❑ Building plans ❑ Assessor's office ❑ Other • Buyer and Seller are advised la verify this information. Any independent measurement or investigation should be completed on or before the Inspection Objection Deadline of the contract. By /1111 ee ` , 2 7-Cr) 'sling icensee Date rsigned a n vledge receipt of this disclosure. Dice Seller Da p 1 Buyer l It B /I (r • Datr No. rapsea a/�/l� N , i :� _ Migh Plains Engineering N` 4�Y1 . +wa 735 Denver Avenue * Fort Lupton CO 80621 Phone 303-857-9280 • Fax 303-857-9238 • Mr. Ruben Rodriguez 232 Elizabeth Court Fort Lupton, CO 80621 September 19, 2001 RE: Well that serves El Reventon nightclub, Fort Lupton, Weld County, CO 80621 Job# 01-1443 Dear Sir: The well that serves the above-described site was recorded in the State of Colorado Division of Water Resources under #22062 on November 18, 1964. The well has a maximum depth of 51 feet. The well is cased with 6-inch diameter steel casing to a depth of 10 feet, 5-inch diameter galvanized steel casing to a depth of 33 feet, then 5-inch perforated galvanized steel casing to a depth of 51 feet. The depth to water is 21 feet. The well was tested at a rate of 6 gallons per minute with no draw down. The pump installed was a submersible electric %2 hp. The drillers well log shows 0 to 3 feet of topsoil, 3 to 49 feet of gravel. The well was sealed off with drillers mud. Sincerely, �� p.00.REr,�sT Cecil R. Crowe, PE & LS 12330 c 1\,..... 12330 •.9—/9-y/.�' pE.. 1..e�'...-/ ' Colorado Department of Public Hen nd Environment WATER QUALITY CONTROL DIVISION WOCO-TS-B2-Technical Services Unit 4300 Cherry Creek Drive South Denver,Colorado 80248-1530_ (303)692-3500 PLANS REVIEW: POTABLE WATER SUPPLY FACILITIES See Instructions on page 4 _ (Please Print or Type) - • System Name: -L ven tt ) W i Ct t�•lT CI(Th 17_3(141._ ( L (1, (Nameof Municipality, Utility.Business,Camp,or Other Establishment) WN County in which facility is located: €1 a PWSIDN Business Address: 130t5` W cR 1 Cc Telephone*(%U'3)-i I'7-0Z9 cT" Lp-k' G^ Gi�Zi Legal Representative: V(ow- 9-0-61 Tent The following documents must be included in every submittal: Project Summary Design Calculations Inventory Form Flood Plain Certificate Chemical Analysis Lead&Copper Assessment Plans and Specifications Financial Plan Vulnerability Assessment Consulting Engineering Company: /3/463/71 Project Engineer: 7. e/eoi -'' Co License* /2 3,3' Address: 735' // rf/l�C� 4v , Telephone: J 30.1 9 S7- 9280 Foe Lt- °ra , G'D 8062 / Estimated project cost $ .4 /MP12o✓EfEA£e item#7 in the instructions for financial informationrequirements.) Estimated bid opening date: 47.¢ /v Estimated completion date: 4- Size: a az/h (MGD) Population Served: /00 (Radr ,or employee) (rui nrs) it of Taps /v 1 rata. INFORR :aN REGARDING WATER TREATMENT Fr._,LJTIES 1. Surface water source name: 47/9 2. identify all domestic and industrial waste discharges five miles upstream / 7/9 3. Groundwater aquifer name: .47/51 4. If a well,what is the Total depth? J-7 (feet) First Draw depth at peferated casing ? S-.3 _ (feet) Please refer to item#11 on page 4 of the instructions. 5. Source Water Location(Latitude and Longitude): 6. Location of water treatment facility: (Latitude,longitude,as well as distance and direction from nearest incorporated town or city). 474 7. Approval by the County Health Department is required: Date Approved(yes of no) Signature and title • Legal Representative: Signature Date it is the responsibility of the legal representative to obtain all needed permits(for discharges,wells, overflow,steam crossings,highway crossings,building,etc.). During the design process, consideration was given to special requirements by other state and local regulatory agencies for items such as safety requirements,special designs for the disabled,fire protection,emergency power,plumbing and electrical codes,etc. • 2 Reties Oslo • :f p) Laboratory and Radiation Services Division Lab ID No: 010600047-001 \der 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 Collection No: 9 rnin,:.U,n.'rnnnwnl (303)692-3090 fax (303) 344-9989 01 Public MAI' will lrvmmn,.n, SAMPLE SITE SAMPLE INFORMATION PWSID#: N/A Collected: 6/1/01 1:20:00 PM Sample Location: Received: 6/1/01 1:53:29 PM • 13015 WCR#16, FT. LUPTON Reported: 6/4/01 9:15:33 AM Collected By: RR Matrix: Water, Drinking CUSTOMER COMMENTS WP007818 PICKUP - Rodriquez Ruben 13015 WCR#16 Ft Lupton,CO 80621 • 303-717-0295 Attention: Purpose: R - Chlor.Resid: P Test Parameter Method Result Units Total Coliforms, PA Total coliform SM 9223 COLIFORM ABSENT OR LESS THAN ONE (<1) INDICATES A • MICROBIOLOGICALLY SAFE SAMPLE Total Coliforms, PA E coli SM 9223 E. COLI NOT DETECTED LARS Internet Address: http://www.cdphe.state.co.us/Ir/Irhom.htm Report#co1203.Rev 3/27/99 c&m/-�SC-7/9/ WELD COUNTY DEPARTMEN F PUBLIC HEALTH & ENVIRONM f 1555 NORTH 17TH AVENUE, GI.r;ELEY,CO 80631 PHONE: (970) 3u4-6415 FAX: (970)304-6411 APPLICATION/RECEIPT Initials: SEE Permit Number. SP-0100280 Receipt Number HAP-01279 06-05-2001 Amount: $315.00 Payment Method: Check Notation: 1337 Owner Name: EMITT FORMBY Applicant Name: RODRIGUEZ RUBEN Parcel Number. 1309-29-0-00-034 Site Address: Location: 130515 CR 16 29 02 66 Total Fees: $315.00 Total All Payments: 315.00 This Payment: $315.00 Balance: $0.00 Account Code Description Amount 256041400-4221-400 New Septic Permit $0.00 256041400-4221-400 Repair Septic Permit $315.00 256041400-4221-400 Vault Permit $0.00 256041400-4730-400 Potable Water $0.00 Description: RESTAURANT Commercial: (Y/N) Y Residential: (Y/N) N Acres: 3 Number of Persons: 0 Basement Plumbing: (Y/N) Number of Bedrooms: 0 Bathrooms: Full - 0 3/4: 0 1/2: 5 Water Public: (Y/N) N Water Source: Water Private: (Y/N) Y Cistern: (Y/N)N Well: (Y/N) Y Well Permit Number. NOTIC:F, Applicant acknowledges receipt of the individual sewage disposal system guide and that the completeness of this application is conditional upon further mandatary and additional tests and reports as may be required by the Weld County Department of Public Health and Environment to be made and finished by the applicant or by the Weld County Department of Public Health and Environment for purposes of the evaluation of the application;and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under article 10,title 25,CRS as amended. The applicant certifies Sat the proposed system will not be located within 400 feet of a community sewage system. The undersigned hereby certifies that all statements made,information and reports submitted herewith and required to be submitted by the applicant are,or will be,represented to be true and correct to the best of my knowledge and belief,and are designed to be relied on by the Weld County Department of Public Health and Environment in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or 'on result in the denial of the application or revocation of any permit granted based upon said applicaion and in legal action sided by law. This anolintlee ermlrca one ygr from the siamaturc date. X 101510 p1t t Date Form:R _HAM r: : 1 t:i,r;r '' • ,-ND ' ; ' .JAL SEWAGE DISPOSAL ` ' PERMIT WELD COUNT/ yEALTH DEPARTMENT REPAIR i=' ':: i1 T ENVIRONMENT.:+L. HEALTH SERVICES 1516 HOSPITAL ROVII , (;REEL.IEY, CO. 80631 353...015 EXT.2225 ..bpi. .... - ,'ORM1:i't, EMMETT ADDRESS: M!14 DE:NVO'AVENLJE PH (30 3) 573-12, ET.. . ON Co 80621 `:D ,.- ES OF F'R1 ':1SED SYSTEM 13015 WOR i 6 i F I. L.IJI~I'T'{JN i CO 3( 621:— i i.. ::::t:::$,l.-. DESCRIPTION OF SITE : ::' ,W.:s- ;'.sW4 SEC I. 29 110 2' Ri•dl:; 66 .:>: D:I.VISION : LOT 0 BLOCK 0 FILING 0 : SETYPE: COMMERCIAL.CJ:AE_., S.O.E. SERVICES : Pr{ Soi+l;a 25 .BATHROOMS iTHRU(JMS 4,.00 • LOT SIZE 3.04 ACRES BEDROOMS 0 BASEMENT PLUMBING NO WATER SUPPLY PWELL :,; PL:I:C.r T Il:N FEE $100.00 i i:;:E :; ' i) :'. RECEPTIONIST AID SI,DNL'-::D�. BY STEVE AkCLNLAUX - A ;I::: 10/1C;/e9 . DATE :10/18/89 . • !::RCcsi_.ATIOiN RATE !ill.0 MIN PER INCH LIMITING ZONE 8 FEET TYPE: ; UIT ...E . PERCENT GROWN 7 SLOPE oz DIRECTION ' ROM THE _..f:f::.`,T1:(JN' INFO' M F ON SUI L:U DI AND THE ON-SITE:: SOIL PERCOLATION DATA . :E r c.IL_,._0i,:E:r•;;.;- MINIMUM NS CAL L_::,..I F ON.. SF'EL [I :I:C'A+[•:[ONS ARE REQUIRED :: SEPT:[(_ TANK 2000 GALLONS, ABSORPTION TRENCH SG FT. OR ... r _ ABSORPTION BED 3740 SG, , I .. ,A' i. 1 ? , JW ADDITIONAL:...... .... ........�.O ,�. ? Gtr .. Ii...i.Ii... AL(1 I f E I" l'�.'` CONDITIONS! . - AA 7 IS GRANTED EIIPIJRARILY TO ALLOW . CONSTRUCTION CoNS CRt.JCTJ:oN TO COMMENCE:. THIS PERMIT M c REVOKED OR SUSPENDED D BY THE WELL) COUNTY HEALTH DEPARTMENT' FOR REA;S:::li'•!S SET IN 1 •i':. WELD COUNTY IN1''I't+IDUAL.. S'I-WACvi::. DISPOSAL SYSTEM REGULATIONS GUL.ATIONS :I:N(: I...i.li).i:i`t::; ..•• E::: TO MEET AID. TERM (1F' CONDITION IMPOSED THEREON DURING TEMPORARY . OR FINAL . :• .......�'.-.. :. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASEUMF'-T-:ION BY THE:: E;-':- E ! ME:N I o: :i: .•,-. EMPLOYEES OF i..:= ,-.BIL:C•T•li I'OR TI-IE: FAILURE OR INADEQUACY OF THE --C_ .� l\- g-% "mac I 1, . , ,.�, ALICE R J.1 L.t:•lJ I_.�..! I <I lr� i J+,'{:�; ifjCI ► 4 -Q-84 ! : ENVIRONMENTAL SPECIALIST T 1)t):•"''T ! --'.`' : .: ; Y:y:i�t:l:•i•�_ [5 NOT TRANSFERABLE AND BECOME.. VOID NSTRU . fION I-i�^,. ;..: 111E_1`!(:I::.t} WITHIN ONE Sil:�r°R OI" :I:- SS '' J ''I-IAI �• Vi•J'IT) IF SYSTEM CCJ C ' ISSUANCE.ANc:E BEFORE ISSUING FINAL APPROVAL OVAi._ OF - • PERMIT 1 THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT 10 IMPOSE ADDI- -;.- ONAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA— SIS . .1.. :�Itil... r'EI i�i.. ..1. APPROVAL IS REQUIRED CONTI N(;ENT (UPON THE ._. ('iL INSF'F '1-•ION OF• .T-HE: CCJi°- .--.:. :::.: Y,:. I EM BY THE WELD COUNT/ HEALTH DEPARTMENT,� :i 4:. OFOFrS t t::......EM IN SL i FLED VIR M rr T-AL E t _._...._-...... ••• ••.YSUANCE OF THIS PERMIT DOES NOT IMPI' 'r" COMPLIANCE. WITHSTATE COUNTY i. ....;:::.:r:.i... Ft:F::i;i.li.../-; �,..tirBUILDINGOTHER Ra u:I:REiM NITS, NOR SHALL IT ACT TO CERTIFY THAT E . .:: :. ...... .- i (.. , {,.. 'r',..TEM WILL. OPERATE IN (:OiiF'I_.IA'' !�::E WITH APPLICABLE STATE, CDUNT Y AND EC', ,1,.. . !::. ..-_ii...r-i , .E.O!'+!,. .ADO 1 ED EEREUAN I- ..1 O AID t ICI...E::. 10, TITLE s:5, • CRS i973, AS f:. %'! ..Y., ' y ,�11::.Ai .::, ; •s•E••IE. PURPOSE OF F T(tr':L C,,I•1..N t .JVAL. + � - .� :�.; .. ;... .. `.. .. .. .. ;.l INSTALLED �:r Y,.' I i::.'�. Fr:,;E"•: I \c ,::. o�• i 1 1.-.o C .1... O C C i. F;4 i_.Y j.: i t i PURSUANT TO C R..�/"�� 9 l7..F l"I 2.25-10-111 . , . 1• •-,�-1_ .;tile.. l i, ••�.. .Ir'.:;, .. .. ' � I I1 October 12, 1989 1 1104-04-01-01 1., ti • �I_ yI I Mfd 00.00E .J)IA I t a P SMO+ u Fk. I I Ik1410 L fJ�dsi� �' pty T R • a—eror�- • I c '1bLb5P i I X6(7 v �,., a>f 1 ..� s I a W Ilk I a�30i5RD6G- ® 4 JIM • ,S,,, :TEFL •DILDW ed et`^+ un4tT _ •q • l 1 1 aN tit �x . oe i = z�``�' � ono IJ P ° 11coon 3 LC�es oLAI vi I or 14i I I\ \ Vr ,,`y, 4L Wes( 2 I EASEYEMT . 1 0II . 4 ��^{.�{ sa rT an(n�Jr�feV 1 .- n 'sa0. �. r W V ( if (Y l Q ,dinPQr biter, VY� � � *' f90bODOW Ileo3,3:3 o ♦.... : .r c. e WELD ROAD 16: I BORING LOCATION IVLAP FIG. 1 L r l w� CA-711-"A -'.e11 " A �((��ff��yy��YY t REPORT DATE COLORADO WELL APPLICATIONS AND PERMITS Mon Jun 26 12:47:10 MDT 2000 COLORADO DIVISION OF WATER RESOURCES Receipt 0336491 Permit 41698 F Div 1 Wd 2 Basin 0 Md 0 Engineer AEE User SMJ Full Name " Uses FORMBY EMMETT-FORMBY FORD Address COMMERCIAL 13015 WCR 16 City State Zip FT LUPTON CO 80621 Pump Rate 'Ann Amt Depth Telephone Proposed 15.00 3.00 0 Actual 0 0 0 Case Irrigated Area 0 acres Permit XRef 22062 Elevation 0 Well Name Pert Casing Top 0 County WELD Pert Casing Bottom 0 O10 Water Level 0 O40 SW Aquifer1 ALL UNNAMED AQUIFERS Q160 SW Aquifer2 Sec 29 Driller LIC Ts 2 North Pump Installer Rng 66 West Statute Meter Log Qual AbReq Pm Sixth 1372 Yes No No No 240 feet from South Section line Comment 265 feet from West Section line Subdivision Filing Block Lot Parcel Size PIN 0 Main Activity 03-16-1992 Well permit issued. Interim Status 05-18-1992 Resubmitted date. Last Action 10-14-1992 Well permit issued. Permit Issued 10-13-1992 Permit Expires 10-13-1993 Expire Notice Sent Well Const Report Well Const Complete Well Report (Non-trib) Pump Install Report Pump Install Complete 1st Beneficial Use Statement Benef. Use Benef Use(Non-trib) Abandonment Report Well Plugged • Form No. OFFICE OF THE STATE ENGINEER GWS-25 t. COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 041698 - APPLICANT DIV. 1 CNTY. 62 WD 2 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION WELD COUNTY FORMBY FORD EMMETT FORMBY SW 1/4 SW 1/4 Section 29 13015 WCR 16 Twp 2 N RANGE • 66 W 6th P.M. FT LUPTON CO 80621 DISTANCES FROM SECTION LINES 240 Ft. from - South Section Line 265 Ft. from West Section Line CHANGE USE OF AN 1X0STING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDmONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-90-137(2) and the findings of the State Engineer dated `7 Ocfoher(99:. 4) The maximum pumping rate shall not exceed 15 GPM. • 5) The average annual amount of ground water to be appropriated shall not exceed 3 acre-feet. 6) The use of ground water from this well is limited to commercial use. 7) A totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) This well is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations. 10) Issuance of this permit cancels permit No.22062. APPROVED AEE // n Y�*dA.C. .41-cc. C), a apt/gent_ Slats Engineer 0 CT 131992 ECT 131933 Receipt No. 0336491 DATE ISSUED EXPIRATION D T • 4607—Jc/9/ FINDINGS OF THE STATE ENGINEER IN THE MATTER OF AN APPLICATION FOR A PERMIT TO CONSTRUCT A WELL IN WATER DIVISION NO. 1, WELD COUNTY, COLORADO APPLICANT: EMMETT /FORMBY - FORMBY FORD PERMIT NO.: I ( ? — t- In compliance with C.R.S. 37-90-137(1), Emmett Formby - Formby Ford, 1,3015 WCR 16, Fort Lupton, CO 80621, (hereinafter "applicant") submitted an application for a permit to change the use of an existing well permit no. 22062. Based on information provided by the applicant and records of the Division of Water Resources, the State Engineer finds as follows: 1. The application was received complete by the State Engineer on May 18, 1992. 2. The existing well is located in the SW1/4 of the SW1/4 of Section 29, Township 2 North, Range 66 West, 6th Principal Meridian. 3. The existing well, permit no. 22062, was issued for domestic use on October 2, 1964. 4. The location is outside the boundaries of a designated ground water basin. 5. The proposed maximum pumping rate of the well is 15 gallons per minute. 6. The proposed average annual amount of ground water to be appropriated is 3 acre-feet. 7. The applicant proposes to apply the water diverted from the well to the following beneficial uses: commercial use, occasional car wash, sanitary facilities in the dealership. 8. According to the applicant, the well has always been used in the Ford dealership for the sanitary facilities. Bottled water is purchased for drinking purposes. 9. At the existing depth of 51 feet, using perforated casing in the interval between 33 feet and 51 feet below land surface, ground water diverted by the well would be hydraulically connected to the South Platte River System. Diversion of ground water by the well will influence the rate or direction of movement of water in that natural stream and the alluvium. 10. The South Platte River System is overappropriated. At some or all times of the year, the water supplies of said stream system is insufficient to satisfy all the decreed water rights senior to an appropriation by the applicant. 11. The proposed diversion from the subject well would cause depletion to the South Platte River System at times when this stream is overappropriated. 12. Records show that there are senior vested water rights withdrawing ground water from the alluvium of the South Platte River. The applicant's proposed use would decrease the amount of ground water in the alluvium of said stream. 13. The well is included in an acceptable augmentation plan (GASP), and the contract is renewed annually. • • Applicant: Emmett Formby - Formby Ford Page 2 Permit No.: fit kft -- F Based on the above, the State Engineer finds that the vested water rights of other appropriators will not be materially injured. The application is therefore approved pursuant to the conditions of approval on the permit. //__ Dated this / day of (C)c)/-Or 19 92. . jefiri: i lled D.. Simpson State Engineer By: /}tccc-¢— X7"7 Bruce E. DeBrine Water Resource Engineer Prepared by: AEE 3292F.aee/Form #0546(g) . 4rCEIVED • t*RJ-5-Rey. 76. COLORADO DIVISION OF WATER RESOURCES MAY18192 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado Dar/VED . PERMIT APPLICATION FORM CC t WAT€RHESOURCE$ Application mustn A�f:ENGI be complete where ( ) A PERMIT TO USE GROUND WATER I 6 92 '' applicable. Type or ( ) A PERMIT TO CONSTRUCT A WELL WATER Es print in BLACK FOR: I ) A PERMIT TO INSTALL A PUMP STATE'- i ,w INK.No overstrikes cow or erasures unless .G initialed. ( 1 REPLACEMENT FOR NO. Cc '1" .2 Vi U t><) OTHER Ckcz -ye. (-xi c... of z'C1.54i j wo.1/ WATER COURT CASE NO. (1) APPLICANT Mt. � -- mailing� address ! �+ Ain OFFICE USE ONLY:Q' I DO NOT WRITE IN TH15 COLUMN NAME FMr ML// l Df�pd/ —re Rhay in Receipt No3,, L/ 1 i / STREET Ol-- TO- C�/1 I4. / Basin Dist. CITY /" k' k' {Q TT1O C o i'oetc"t/ (State) _/� (Zip) CONDITIONS OF APPROVAL � 7 /TELEPHONE NO. 1 o -�7 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water 40County W FL..D right or preclude another owner of a vested water 5 right from seeking relief in a civil court action. SW" : of theLU— y., Section .�9 Twp. Or2, /U Rng. &t LIT Co P.M. IN.SI (E") n*„MERIP/.r/l) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) _ IS Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): Aquifer ground water is [Gibe o ained from: 4,.eeefrp Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) -- ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK 12) ( ) IRRIGATION (6) (Vi COMMERCIAL (4) I 1 MUNICIPAL (8) I ) OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) 141 DRILLER PERMIT NUMBER Name 1C I 770 �j 42�G,L DATE ISSUED EXPIRATION DATE Street City (state) (Zip) - (STATE ENGINEER) Telephone No. BY - Lic. No a09-)7-t_IV9r- • N. Du \l.. JPIe TTEVIL LEI /J .:.roiv W Is..l, ,.� 4/ y/ • L 63'/�� po !"tl E [i)vin�1 /J�^Tti j i /`Yl2 l'. q 66 \ i®9 Laic ;3 R ! /i G �, u `� -__ 4868. \ 'y>/ 6," S"J24N - `. c ,. `� e- Z4 ' — r tux/.l 144,3 •� /.`l /k"o ;.ss L s \ I `�, \ P ,e: I) \\ Al'-115$` o /2449 r- . -'$�V . �E! , y,Ipyp ),b _ ��. -C Pr • )�J \ �/ rf.5� 4e�z • sI'�rter Sch —• Il.. i I 49t7 j • N ,.t,\ �•" \�J I / l.a b \ � �� Fv 123 w n' K{/ 1 (' � '(lY7j≥u,\ a9so /f 00 I � y+ .ryY tx / " 1 oS' /t74y \ \/ t dQokk l,vodx u \ ra . . ! -, • ., 95,`/ B'° r \ /Chr 1000IP 2 :42 ✓tree e Koee 2..rec. 7..; II o8p .,012 /)all 6 `�`_ ��j�-•—�-' \� 1 3• //- " e //0 v J (�fo r r T ^'--„' ( ^?35 y q 1P = •, ----T .7- �� If —� 3a12911 I e o I ' G:.≥; } \ ::. „ cs4s )" i rea) -Jo r9 .,x-/382! 1' I \ ��ILa" — 'it,;ca ' BM. 4892 r. C.+'� l \-1 496 l _ - 15' E^F- J ^ ___ _ __ _ , es.e y )1` •0.1 ii 9EB I `P ° "aeLf 24 h,,•• I. 4 elr,.Ls 5 I \l \\'. ' if w .,. ( 651 Or' -17 Iii. ea 11 G� /// 'ckr .<i'nre,C IIi I '_� — 33 aaeJ • _ % ��9 rl 1.7.7-17,` '.: l . E9 G D / No 4:µ\\ y. C Ft� +is, saiT �.ilr: 1 ¢t i• 9/ 1 u OA0 b.C ..kla:l .iC•LLmc�sJ.x .�&I .E: r'-.=ems.. (7.1 9 1_' / fl _ -.. rj j'-'�C" V TI ice' � - r-_. _I G $14S ` r h U l . t a!1" •i' "I 1 `. r / '' i o o"( '-•/' so)Y • Vli z4E / • it S ,..y5: r ' a9J. ' ''a _. 1st.. tr �+'` .INlaii:l.. / 11 13692 - y s j A:c6eln s0 --L_ 7410321'F I . m U �Ir i 156 // \ �` may. {� '` 1- L) 1 £7 c �•771r�s1 Ir 57 n I ® rt\ G JO • Pr .,$ '�•NLLf lii l �Gf'I' iTN .' +9 . r�/J pit _ (lam a c " �F __ a@fin 41 n .1 ra" .� FNje 4F-:.• • " , Y / I Y•.'I 1\I 4916 iii• 'YI_ -L1_T ` nsc,':�. \ SS�4. \ " " 3 1 o wry-� ` -i.� �• \ 0• u � r e tir �ntlmll •• isx'14' '` r 1 Pi .350 �: '- y 4 r �V .v , x ,...'4020 _/k,'. r , _ _ .f i fA J 1 71 ( _ t ' y w !i/D A ft ,. ?!'J 20 21 if Ki• �)a E . '4r. m a u , -4' .. .3.-,:r4 "..c •' �� PS{c __'..'� ea Co ale • ' ' N j Yyr 17,'1171. '° 4035 ' i -- 5000 g__g ` '' 't*'�v9- i " 't'.nQ r � �� k�,. 7 ' + -.�pC ✓. I ,,. 'tk } �� i '. y+ ° •S'i er. s s ..> i a ' Actt t, .�rrf Syr�h, 3j`�7p6- _^;; , .�C �. ale F1 13+ . -/ q9� al 'I..: r� ' tJTPr" ' ,''_ r t ,e'' r ,,a"r v/ 4 0 30 1a �® !. - ~L • • Form C Rev. STATE OF COLORADO .. 9-62/10M A, PERMIT TO USE GROUND WATER ,;:1�, �� 1961 APPLICATION FOR: " A PERMIT TO CONSTRUCT A WELL �"uuiFil o�ATEl2 S l.+i ?.;ItApplicant . te - . 6- 1 !I NI P oil LOCQTI, � O OF WEntnpe,. ENKE;dK // County ': l" P. O. Address Ft. A. tir/ o_.(/ t (VO �. Quantity applied for S gpm or T:e.c./1j,- of c lc: of Sect. 2 / Twp. .2. AF Storage , �JJ Rge. (f ut/- L G' P. M. OR Used for pi t: nit' e /C. Purposes 2.49 -e7zEt ., on/at k,m• rStreet Address or Lot & Block No. (legal description of land site) --3 H o Town or Subdivision Total acreage irrigated and other rts. 20 ESTIMATED DATA OF WELL .in N Hole size: (,: lei in. to SOH. x a I i in.to ft. Ts o Casing Plain'> in. from (; to `f /ft. " Locate in. from to ft. I . well in Open or Perf S-in. from (://to c O ft, N E 40 acre In. from to ft. 1m (small) PUMP L Outlet I o i square DATA: Type:}t.oir,,,c,�;lei. HP /2Size _ - - - - as near a `.) I as possible. Use initiation date C6-.f- c.;?t• 19tot', w ° I Large square (Use Supplemental pages for additional data) A 3 S is one section. $25. 00 fee required for uses other THIS APPLICATION APPROVED than Domestic or Livestock. PERMIT NO. 22002 A licant �/ ,t .. .%. ISSUED: Applicant .y-5 „ , 0CT 2� 1964 Agent or,.j , DATE 19! Driller e t/co.Lc f/. /14 e. . No.,57c S 7 Address 7'/.;ic /c9/or. z.l,s_. /i-or-"-41.' NOTE — SATISFACTORY COMPLETION REQUIRED FOR APPROVAL OF APPLICATION a . ; /- 347/ —•MAR 5 ii <). ..7.. . ` �1 S yt�.!j� },,i I n �urmE v) Ri$ 0 n r xa r ., - ta STATENO g� 4f` r OQ + , \i'' DIVISION4 S > � ,E' ESOURCES I u 104 index No OFFICE OF T ;'ENGINEER 1-*!�}� ` IowbC� . 1- 'r .' R ,,: i�t]V 181964 usa.; GROUNP &ECTION -' �p;hwp��i{ WATER S EC • ..'„,,,,,,-• LOG ,.•,. �v1 Ain, • ,sy . } {,'QL'ORAmfl (For Stale Enghjeor`s Use) " STATEtiENGINEFJt, PERMIT f7•�rp eY� 6 ` fie;a ,r _ • WELL locA oN Driller Ja pb 0 naTd a } ,-. r•4grt M I?. ' lic. No 55`73,,,,, :,is , : `1� Owner l e e S e i t• ' t • r, t t S�fr1d >e,ir _County • ) Street - { f:44.4.1 ? Clt 6't•: I.0 i*e�a i 't.�.a '+�T: SW 1'/'i Of rc. r"{9 o y r § �t 3,f sect 29 PM ,tenant .4`.11,3,;:,,-;::;''.' � y7+ «e. ' 6 TiF� r 7 rt .TwP 2N R r 6 Use of Water - e- 0 e .ic y ,g ,�r•• NoY Y' A,On or By Acrq s s !.#1;!;A::'. tYfht + ' fdeserlptlgn qi l:e or,and). ''''.;.":'1;::7P111 ,� ^ .1,i:{; n y;"r+ .3 r +F Date Started. , r •. y1,a + r , Date Completed ' .' • 4 f << Yield 5 iv , ' '.' ;LA , bturtp . , GPM or - '. , u,' .ys.4�Y• WELL DESCRIPTION: � ri west 'P Tie ` F a s r , , vg ,( r p„: Depth to Water 2a. ft' 'Total Depth b4S F tt • r4 / � " .` • - 4neetursd.,,froeq proued'eyr(fq Tc SW4 - ,x` Hole J from 'er ft. to 51 ft: lar'� ) ]+Fr 7q`' "'�iy' Diameter ' from ft to ' ft. L t j�'r+. l t x '' '.7,,--;141441 , from ft to ft. r{ ' i n • a TEST DA,TA: . F• 3 +Ft9°"Y'` -. IqP @, re aas4 tfi{ ` 'x : ABOVE DIAG How Tested Pum or x if G �M tot TS ONE FG)L SEC P Balle day ne r T , ' ;,..1N'' ^ TION LOCATE WELI≤'rATLY IN SMALL Date Tested Oct 26 19 b/ `ten th it11n <" 9 ▪ +� t 1 SQUARE`REPRE$EN71Ntv` `5;,.,: 5, • ' Rate GPM Drawn D_own Nott �yaa�dti orte jr;4 Y PUMP DATA: — 1 : ' ¢ 'f /y • 1� Driven.. b• y nl antrl{' ffP asiF� i _ N`i , . �J1i1. CASING-RECORD' ' t°�+,,,h s '•xt'₹�+, > )Y _ • + '2,143:C l:/( Ca4ing 'lµ`u a .NN• i. tff ' Size 6. , Ktnrt Steel from,.' 9 ft iQ 1 � .err E"F rf r 'T ' \ '�, vJr s �t0 tit n' - - Size Kind frozY`) 0 ft jt2�r9 r ,t�s y to a ,}r t K( ' 'Y(° lSubdivision r � tr ,44,:t..-. PnCLud.Lvh inutnbor) ' Size ,•Kin kjp 11;F: {� to ;pavYi r to y • ?: f + r! kF E � PerfoTale� Casing .?..:r i,t11 E;- Tni BEM l�! 5 -.4 , ,CSLtE: I ` r Ori inal B ue '' ` Size -, K7hd Gad. from' ft ,iq` � 9 I u it • lcaiEn Green Copy t , (1 • � � r must be fii '>, rit( te9Engineer within $•Ya ,-'it +K �^fro�Ty,l.,-,T t iR` ^, .kf �)1 {N 30 days a er+ el° o r , $ { iripie I .a Nih,rr t it{ is!F u1 f.X� copy is for�t '�. VA' rYgitpw copy for Size_, Kind from,: r' !x , aF{v '"1,••:-.,1,i'"...,, the Driller ;,+r' 344�t3 U COPY` t1/ I;SE•SIDE ter u:> fl J;5 C'. C 3; L` .!1-'d ' ,?ail#,ii;D '14 L' •44:cAtt4 ,tit 1S 11t,1't3'{1 i1•✓•4..j1 #yo. :' k l .yt ?t1'#' WEL'X?"L94 r t:;l + • p': ~ v • r ( �.; " ,t`{� 1ti YIJ l.IRo''k' .Lil:��ii' • r�'Y �'`''K , '({i/'� G'roirnd l layation': • '-,%:/`144 Qf own How Drilled' go{( µk• t, rJ @t31 REMARKS ,Nl'{rf �' ly1;t• TYPE OF MATE ri + (such y Comentin0 -9 hr.": . f PackMg Shut oft.'st[� . yy � .•Zi - toP..@Pil et 9- • j • 49 • . graty i rfi ' CCr Sbaled off with drillix mud'. l3 z. 49, 51 5 • r. it M1,•. • y.l:.._.:• t ! ./1r . i 1�.'.. .l, .. IA, ,nv tnt 1 vufa Rlr i; • 1 . lYr°i r .0• rf .:1(latetoro .jsh I. rog4lMll,uKiddltlonaF;h,.n < , ' '' Vy1 i r•.r WELL DRIL '§ A M NT j ' ^ S ;v- LE S T TE This well iwas c�nlled r odar rty 1 uperXl �pn and thd1 Ugve lnfdrina{ion is true and come t'tt!`! bdbt of t ri'?.: r"kittlwladgd'.4ncE45dl' 3 h r Signed Qirc,}e M• r. C t r, , ,41 511 pt [� Y1 i '� f li -- 5• ,. .,, . ryL B ...Deter 1 ,�9�' �c f?z�j 9 yyyYt__yy • CD/- PUBLIC SERVICE COMPANY OF COLORADO NEW CENTURY P.O.BOX 840 0 NVER,CO 1.1. ENERGIES" 80201 l_r (DWI 823-1234 �. Free loll J Customer Name Service Address Due Date Account No. Amount Due FORMBYFORD 13DI5RD16 Apr 24,2000 9001078183 5597.28 FT LUPTON,CO 80621 Account Activity Date of Bill Apr 12,2000 Previous Balance S 476.79 Number of Payments Received 1 Total Amount of Payments S 416.14 1y Number of Days in Billing Period 31 Balance Forward $0.00 *Current Bill 5 507 26 Current Balance S 507.28 lies Service • Account Summary . Meter No. 693836 Commercial ' Rate CG-T Commercial Distribution System .10830 Current Reading • 90081 0010/2000 Natural Gas .25760 Previous Reading 88843 03/10/2000 Interstate Pipline .06930 Measured Usage 1238 Subtotal IRIS x .43520 S480.85 Therm Multiplier 0.8929 Therms Used 1105 , Metering&Billing S 11.65 Sales Tax S 14.78 Subtotal $507.28 • Comparison Information • Billing Therm Usage Average Period per Month Daily Temp. Gas S 507.28 per month S 16.36 per day This Year 1105 42' Last Year 613 46' a 3 ( y ( 'tomerMessages ALL UNPAID AMOUNTS ARE SUBJECT TO A LATE PAYMENT CHARGE.IF APPLICABLE,PLEASE PAY S514.89 WHICH INCLUDES THE LATE CHARGE. o ENERGY BILL SEEM HIGH?CHECK THE NUMBER OF DAYS IN YOUR BILLING CYCLE.THEY VARY FROM 27 TO33 r DAYS--AND SOMETIMES LONGER-WHICH CAN MAKE A BIG DIFFERENCE IN YOUR BILL am IT IS OUR GOAL TO PROVIDE YOU WITH THE BEST POSSIBLE SERVICE.YOU CAN HELP US ACHIEVE THIS GOAL BY +. a LETTING US KNOW HOW OUR SERVICE IS BEING PROVIDED.YOUR COMMENTS ARE WELCOME AND MAY BE DIRECTED TO THE ADDRESS SHOWN AT THE TOP OF THIS STATEMENT.PLEASE"DO NOT"SEND YOUR CORRESPONDENCE 9 WITH YOUR PAYMENT.IT COULD DELAY OUR RESPONSE. J • N - ID vr Brigh1NITEDPOWER 18551 .160th Avenue Fart Impart Office Coal Creek Canyon ROH 12551£.160th Avenue 323 Denver Avenue 95 Gross Dam Road ; r�7uuchnonc Ene.1"Partner�,t�[ MtPaan:1:30a.ala 510p.n.'383-659.O5S1.1•e00-468IB09.Mlkinswwonihdpor¢mn 0 Acoounl I 1 Service Address 't Dept 535,Denver,CO 60281.0535 1. 0000697801 13015 RD 16 ;�� Service Location Meter a Rate Cycle' ( 342901020 18911 43C 2 FORMS? FORD INC Si ¢e 13015 COUNTY ROAD 16 Days FromTo _ Billing Dale 4,1 FORT LUPTON CO 80621-9215 32 04/06/00 05/08/00 05-L8-00 z Meier Pealing Malt. Demand .- kW6 r. . ' 3 Previous Pretest kW Used/:,' 43190 43532 40 35.6 13680 Special Messages Description of Transactions Amount • • June 10, 2000 -- 11 am - 3 pm Previous Balance ��771 787.54 ** Adams County Fairgrounds ** Payments Received Jhnn4ym• -787.54 , It's United Power's Customer Balance Forward 0,00 Appreciation Day. Free food, Energy Charge 13680 kWh 443.87 entertainment, games for the Demand Charge 35.600 kW 347.46 kids and lots more! Shop at the Area Lighting 55.68 craft show! Play BINGO! Stop Sales Tax 25.41 by for a fun day and lots of . _.. FREE fun for the whole family. Current Month 872.42 Total Due 872.4- Invest in clean energy. To become a Green Power Partner consider buying a max/month of 88 100-kWh blocks. For info, call or see your NEWSLINE. Energy Usage Comparison _ li of Average .. .Usage `.Usage . ,..Days -:kMVDay ;-: This Month_::•,List Year•. (r`!�� 32 427.5 13,680 13,400 .0 CJcs - Previous - Payment Credit Balance Current Monthly Total -- Balance -- Applied Adjustment Forward Charges -Due By Amount Due • 787.54 -787.54 0.00 872.42 06/07/00 872.42 6-23-200 1 15PM FROM P. 5 THIS COPY IS FOR YOUR RECORDS WELL NUMBER 2 OF 3 CONTRACT NUMBER A 02-018-0 LOCATION: SUBSECTION SW1/4 SW1/4 SECTION 29 TOWNSHIP 02N RANGE 66W WELL PERMIT REGISTRATION NUMBER 22062 / / WATER COURT NUMBER 0 COMP1a woQynFi) W,t-(( RIVER REACH NUMBER 27 PUMP RATE 15. 0 GPM HORSE POWER 1 1. DID YOU PUMP THIS WELL IN 1999? YES 2. HOW MANY ACRES WERE FLOOD IRRIGATED WITH THIS WELL IN 1999? 0 3 . HOW MANY ACRES WERE SPRINKLER IRRIGATED WITH THIS WELL IN 1999? 0 4. WAS THE WELL THE ONLY SOURCE OF WATER USED ON THESE ACRES? YES 5 . IF THE ANSWER TO QUESTION 4 WAS NO, WHAT FRACTION OF THE TOTAL WATER WAS FURNISHED BY THE WELL? TOTAL 6. HOW MANY ACRE FEET OF WATER DID YOU PUMP WITH THIS WELL? 1.00 7. HOW DID YOU OBTAIN THE ANSWER TO QUESTION 6? (FLOW METER, ESTIMATE, GUESS?) FLOW METER READING AT END OF IRRIGATION SEASON. 0 8 . HOW MANY ACRES OF EACH CROP DID YOU RAISE WITH THIS WELL? CORN: 0 ALFALFA: 0 SMALL GRAINS: 0 SUGAR BEETS: 0 OTHER: 1 TOTAL = 1 9. PLEASE ESTIMATE THE NUMBER OF DAYS THIS WELL WAS IN OPERATION. 0 DAYS Q 0 HOURS PER DAY OR TOTAL HOURS THIS YEAR. 0 10. HOW MANY KWH OF ENERGY DID THIS WELL USE? 0 Itted IF of 6415P aow /-,.4(i9r 3' P• IPE SEE N—a10—L6 DOER DETAIL f SEE N-410-07 s r a J • • • • • • { • • Ni 'I • N2 ' 1 -0'' 1.—.0• N.7 I w4 . • • \l�, \� / �' _ qx..• T•—�.•—�..r•r �+ r _ ---- . . 1 1r �-1 ' • • • • (.t )/_' 8 . q..: �tt'` (A l 4�_ 1i,.` v.�1u+ .�i^ *J�'�wiAa�:4FY.'a,�.rts�u, 1�,. %-a*.�a�•'.�'.�"r.` i . .. .. _ FRAK TANK • .. . 5fF M-410-0.3 I. t I / / II in ' \ co i i i I + I u7 I 1 I 1 i r. I I I I + � N a , ——_— ___- . .. _______. OIPLILCIRC. %AL9U I. ! GS- . I I . Y • ; ,l_W I t . - till:: - t. • A �PUIrORY ZSEEPILD4E- gEL u-atD-QS' a10-06 /•/ "-•• RAK TAW.. r. 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