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Home My WebLink About20260265 Resolution Approve Request to Extend Time to Record Map for Use by Special Review Permit, USR25-0014— Lembke Family Preserve, LLC • Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on the 24th day of September, 2025, the Board of County Commissioners of Weld County, Colorado, approved the application of Lembke Family Preserve, LLC, for Use by Special. Review Permit, USR25-0014, for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of Section 33, Township 5 North, Range 62 West of the 6th P.M., Weld County, Colorado Whereas, in accordance with Section 23-2-200.H, the Department of Planning Services received a request, dated January 22, 2026, from Lembke Family Preserve, LLC, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, seeking an extension until April 22, 2026, to complete the Conditions of Approval and record the map for USR25-0014 in the records of the Weld County Clerk and Recorder, and staff set the matter to be considered by the Board of County Commissioners of Weld County, Colorado, and Whereas, the Board heard the testimony and statements of those present, studied the information presented by the applicant, and recommendation of the Weld County Department of Planning Services, and having been fully informed, deems it advisable to grant the extension request until April 22, 2026. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of Lembke Family Preserve, LLC, for an extension of time to complete the Conditions of Approval and record the map for Use by Special Review Permit, USR25-0014, be, and hereby is, approved, with said extension granted until April 22, 2026. cc..pL(DE/M`J/DA/Mw), ASR(SG) 2026-0265 APPL., R PPI.. RE p. PL2970 o2/i's/26 Extend Time to Record Map for Use by Special Review Permit, USR25-0014 — Lembke Family Preserve, LLC Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 9th day of February, A.D., 2026: Scott K. James, Chair: Aye Jason S. Maxey, Pro-Tem: Aye 1��` `I. /�) ` Perry L. Buck: Aye Lynette Peppler: Aye Kevin D. Ross: Aye 14 Or Approved as to Form: % ( I Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2026-0265 PL2970 !! MEMORANDUM LIr � OUNT TO: Board of County Commissioners DATE: January 26, 2026 FROM: Molly Wright, Department of Planning Services SUBJECT: USR25-0014 Extension request Denver Zoo submitted an extension request for USR25-0014, the Lembke Family Preserve at 70 Ranch. The applicant is requesting an extension date of April 22, 2026. The extension request states "We are actively working on revising the USR Plans and Drainage Report per our conversation with staff." USR25-0014 was approved by the Board of County Commissioners on September 24,2025 for the keeping of exotic animals. The Department of Planning Services is in support of this extension. Per Section 23-2-200.H: The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic(.pdf)format. Upon approval, the applicant shall submit the map on Mylar or other drafting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Article. The map shall be recorded within one hundred twenty(120)days from the date of the Board of County Commissioners Resolution.The applicant shall be responsible for paying the recording fee. If a Use by Special Review(USR) map has not been recorded within one hundred twenty(120)days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review(USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review(USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). 2026-0265 Z/9 PL2910 s= aralan�s `IFi b S K DESIGN G R O UP , I N C CIVIL ENGINEERS SINCE 1 9 8 9 January 22,2026 Molly Wright Planner II Department of Planning Services 970-400-3525 1402 N. 17th Avenue,Greeley,CO 80632 mrwright@weld.gov Re: Lembke Family Preserve-USR25-0014 Dear Molly, We have submitted the USR Plans and Drainage Report for the conditionally approved Lembke Family Preserve at 70 Ranch-USR25-0014.The conditional approval required submittal of a final drainage report and updated USR plans,and the map was to be recorded by a deadline of 1/22/2026.Plans nd drainage report were submitted to the County on 12/19/2025.The county staff requested a meeting which was held on 1/15/2026 to discuss the USR plans and drainage report provided.As discussed in that meeting,the Denver Zoo is only planning on building one barn at this time,for which the location has been finalized, and the site has been fully designed.The barns that were previously shown on the USR Plans,which were originally prepared by a different engineering firm,showed preliminary designs/placement for future barns 2 thru 10.Based on our discussions, to show the future barns those sites would also need to be finalized and drainage would need to be fully designed.Since the Zoo cannot commit to the future location/size/layout of future buildings,it was agreed in our meeting to remove barns 2 thru 10 from the plans and only submit the USR Plans and Drainage Report for the initial Barn.Future barns will require a USR amendment. We are actively working on revising the USR Plans and Drainage Report per our conversation.We are confident on our path forward now and are humbly requesting a 3-month extension to 4/22/2026 to have the final USR plans/map recorded.This will allow us to revise and resubmit the drainage report and USR plans per our discussions. Thank you for your patience and understanding with this request.If you have any questions, please give me a call at 913-219-1818 or send me an e-mail at amahobian@skdg.com. Sincerely, SK Design Group, Inc. Aurom Mahobian, PE Principal 333 Perry Street Suite 209 Castle Rock,CO 80104 T ► 913.219.1818 W ► skdg.com =' s6,_,y Extension Request — FL Department of Planning Services I+ 1402 N. 17T"Avenue, P.O. Box 758, Greeley, CO 80632 COUNTY,CO www.weld.gov I (970)400-6100 I Fax(970) 304-6498 The Weld County Code contains certain timeframes that developments must meet. Please refer to the Weld County Code, accessible online from the link under Useful Links on the County website: www.weld.gov. See attached for excerpted sections. An extension of time may be requested by submitting this form. Please complete this page and email it to the planner you have been working with. The form may also be faxed to the number above or mailed or delivered to the address above. Property Owner(s) (Attach additional sheets if necessary.) Name: Lembke Family Preserve LLC Phone#: 720-292-3813 Email:jason@70ranch.com Street Address: 8301 E Prentice Ave Ste 100 City/State/Zip Code: Greenwood Village, CO 80111 Applicant/Authorized Agent (Authorization Form must be included if there is an Authorized Agent) Name: Aurom Mahobian Phone#: 913-219-1818 Email:amahobianAskdg.com Street Address:333 Perry Street, Unit 209 City/State/Zip Code:Castle Rock,CO 80104 Case number: USR25-0014 Planner on case: Molly Wright Date case conditionally approved: 9/19/2025 Extension date requested: 04/22/2026 Number of Previous Extension Requests: 0 Reason for request: Change of plan to show only 1 barn vs. 10 barns after discussions w/County,and change of engineering firm. Type of extension (check one): X Plat/map recording deadline extension Construction commencement deadline extension Other I (We)acknowled .e the County will charge an additional $50.00 for every three-month period beyond the original deadline o record the map or plat per the Fee Schedule in Appendix 5-J of the County code. 01-21-2026 1 a ure Date Signature Date e4.1 Aurom Mahobian, PE P t Print For Planning Department Use: An extension is hereby granted for the case and date listed above. An extension is hereby granted for the case listed above but until The requested extension is denied for the following reason(s): The requested extension will be forwarded to the Board of County Commissioners for its decision at its regular 9:00 a.m. meeting on . Please be sure to attend the meeting. Director of Planning Services 9/2025 1 Departments of Planning Building, Development Review and Environmental Health P.O. Box 758 t`) �2 ,.: = 1402 North 17TH Avenue CV vi PIGreeley, CO 80632 .G O..)I-T- - , l Authorization Form I, (We), Lembke Family Preserve LLC , give permission to Aurom Mahobian (Owner-please print) (Authorized Agent/Applicant-please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 096733100004 Legal Description: See attached of Section 33 , Township 5 N, Range 62 W Subdivision Name: N/A Lot Block Property Owners Information: Address: 8301 E Prentice Ave, Suite 100 Phone: 720-292-3813 E-mail: jason@70ranch.com Authorized Agent/Applicant Contact Information: Address: Aurom Mahobian -SK Design Group Phone: 913-219-1818 E-Mail: amahobian@skdg.com Correspondence to be sent to: Owner Authorized Agent/Applicant X by: Mail Email X Additional Info: Please copy correspondence to the Denver Zoo team: Brian Aucone(baucone@denverzoo.org)and Michael Creager(mcreager@denverzoo.org) I(We)her ce ify,under penalty of perjury and after carefully reading the entire contents of this document, that th informition stated above is true and correct to the best of my (our) knowledge. Date / 5 Date Owner Sig a Owner Signature Subscr ed and sworn to before me this delld day of (.30.-f7 (.GrX , 20 .c:),p by JZOli f oh( 6 . My commission expires y/(7/7 \-7 Nota Public ESSENCE FAFNER NOTARY PUBLIC STATE OF COLC R.ADO NOTARY ID 202:4014348 MY COMMISSION EXPIRES APRIL 14,2027 9/2025 2 Selected County Requirements Change of Zone plat recording: Sec.23-2-50.F: Upon approval,the applicant shall submit the plat on Mylar or other drafting media approved by the Department of Planning Services, thirty-six(36)inches wide by twenty-four(24)inches high, along with all other documentation required as Conditions of Approval. The plat shall bear original signatures and seals in permanent black ink. The plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsection 23-2-50.D of this Article. The plat shall be recorded within one hundred twenty (120)days from the date of the Board of County Commissioners resolution,or within a date specified by the Board of County Commissioners.The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within one hundred twenty(120)days of the date of the approval of the Change of Zone(COZ), or within a date specified by the Board of County Commissioners,the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ. Site Plan Review construction commencement: Sec. 23-2-170.B: Construction of improvements pursuant to approval of a Site Plan Review shall be commenced, and continual progress shall be made, within three(3)years from the date of approval, or the approval shall terminate thirty(30)days following notice to the applicant.The Director of Planning Services may grant a one-time extension of up to one hundred twenty(120)days, for good cause shown, upon a written request by the landowner. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. Site Plan Review map recording: Sec.23-2-175.B:Upon approval of the draft Site Plan Review map,the applicant shall submit a Site Plan Review map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width. Upon completion of all conditions of approval,the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty(120)days from the date the administrative review was signed. The Director of Planning Services may grant an extension,for good cause shown, upon a written request by the applicant.If no written request is submitted, if the Director of Planning Services denies the extension, or if the conditions are not met and the map recorded by the date specified by the Director of Planning Services,the Site Plan Review approval shall be terminated. Use by Special Review(USR) map recording: Sec. 23-2-200.H: The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval, the applicant shall submit the map on Mylar or other drafting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Article.The map shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review(USR)map has not been recorded within one hundred twenty(120)days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review(USR)has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review(USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review(USR)cannot be met,the Board may,after a public hearing, revoke the Use by Special Review(USR). USR construction commencement: Sec. 23-2-290.A: Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3)years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. USR for major facility of public utility (non-1041) map recording: Sec. 23-2-380.E: Upon approval, the applicant shall submit the plat, along with all other documentation required as conditions of approval. The plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty(120)days from the date of the Planning Commission resolution.The applicant shall be responsible for paying the recording fee. If a Use by Special Review(USR)plat has not been recorded within one hundred twenty(120)days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review(USR)has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review(USR) plat. The Planning Commission may extend the date for recording the plat. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review(USR)plat cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review(USR). 9/2025 3 Selected County Code requirements, continued USR for major facility of public utility, utility line(non-1041)map recording: Sec. 23-2-390.E: Upon approval,the applicant shall submit the map, along with all other documentation required as conditions of approval.The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty(120)days from the date of the Planning Commission resolution.The applicant shall be responsible for paying the recording fee. If a Use by Special Review(USR)map has not been recorded within one hundred twenty(120)days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review(USR)has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review(USR) map. The Planning Commission may extend the date for recording the map. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review(USR)map cannot be met, the Planning Commission may,after a public hearing, revoke the Use by Special Review(USR). USR for domestic water pipeline map recording: Sec.23-2-440.F:The applicant shall submit one(1)paper or electronic copy of the map for preliminary approval to the Department of Planning Services. Upon approval of the paper copy,the applicant shall submit a Mylar map,along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services.The map shall be prepared in accordance with the requirements of Subsection 23-2-520 of this Article. The Mylar map and additional requirements shall be recorded within one hundred twenty(120)days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner/applicant to appear before it and present evidence substantiating that the Use by Special Review(USR)has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review(USR)map cannot be met, the Board may, after a public hearing, revoke the Use by Special Review(USR). Zoning Permits for Certain Uses in the Agricultural Zone District(ZPAGs) map recording: Sec. 23-4-1200.C: If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety(90)days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners,which may revoke the zoning permit following a public hearing.The applicant shall be notified of the public hearing at least ten(10)days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety(90)days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. ZPAG construction commencement: Sec. 23-4-1240.E: Construction or USE pursuant to issuance of a zoning permit shall be commenced within three(3)years from the date of approval of the permit. A one-time extension of one hundred twenty(120)days may be granted by the Department of Planning Services for good cause shown by written request. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning Services. If the Board of County Commissioners denies the extension or if construction has not commenced by the date specified by the Board,the zoning permit approval shall be voided, and the application denied. Minor Subdivision plat recording: Sec.24-3-70: If a final plat has not been recorded within one(1)year of the date of the approval of the minor subdivision final plat or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the minor subdivision final plat has not been abandoned and that the applicant possesses the willingness and ability to record the final plat.The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the final plat cannot be met, the Board may, after a public hearing, revoke the minor subdivision final plat. 9/2025 4 Selected County Code Requirements, continued Minor Subdivision construction commencement: Sec. 24-3-80: If no construction has begun or no use established in the minor subdivision within three(3)years of the date of the approval of the minor subdivision final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the final plat has not been abandoned and that the applicant possesses the willingness and ability to continue the minor subdivision. The Board of County Commissioners may extend the date for initiation of the minor subdivision construction and shall annually require the applicant to demonstrate that the minor subdivision has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the minor subdivision final plat have changed or that the landowner cannot implement the minor subdivision final plat, the Board may, after a public hearing, revoke the minor subdivision final plat and order the recorded minor subdivision vacated. Resubdivision plat recording: Sec.24-5-40:The resubdivision plat shall be recorded within sixty(60)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a resubdivision plat has not been recorded within sixty(60)days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners,the Board may require the applicant to appear before it and present evidence substantiating that the resubdivision has not been abandoned and that the applicant possesses the willingness and ability to record the resubdivision plat. The Board of County Commissioners may extend the date for recording the resubdivision plat. If the Board determines that conditions supporting the original approval of the resubdivision plat cannot be met, the Board may, after a public hearing, revoke the resubdivision. Exemption plat recording: Sec. 24-8-60:An exemption plat shall be prepared after an application is approved and all conditions of approval have been met. The applicant shall submit one (1) paper copy and one (1) electronic copy (.pdf) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copy, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval.The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty(60)days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution,or if an applicant is unwilling or unable to meet any of the conditions within sixty(60)days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant.[...] PUD final plan submittal: Sec. 27-8-40: If a PUD final plan application is not submitted within three(3)years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submittal of the PUD final plan. The Board of County Commissioners may extend the date for the submittal of the PUD final plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD final plan, the Board may, at a public meeting, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original zone district. PUD final plan recording: Sec. 27-8-50: The applicant shall submit three(3)paper copies of the plat for preliminary approval to the County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of this Code. The Mylar plat and additional requirements shall be recorded within three (3) years from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three(3)years of the date of the approval of the Planned Unit Development(PUD)change of zone or final plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD has not been abandoned and that the applicant possesses the willingness and ability to record the plat.The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD cannot be met, the Board may, after a public hearing, revoke the PUD. PUD construction commencement: Sec. 27-8-60: If no construction has begun or no use established in the PUD within three(3) years of the date of the approval of the PUD final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board of County Commissioners may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the PUD final plan have changed or that the landowner cannot implement the PUD final plan,the Board may, after a public hearing, revoke the PUD final plan and order the recorded PUD plan vacated. 9/2025 5 �oQ OC 4924804 10/09/2023 03:14F�1 �o 0 Totat-Pages: 8 Rec Fee: $48 00 (Od rer0 GarCy Koppes - Clerk ang ecorder, Weld Coun>CO o��O o��O BARGAIN AND SALE DEED AND i-�O o��O O5 OO GRAN ;OF ACCESS EASE Mkt O� ce, v THIS BARGAIN A > SALE DEED AND GRANT OF ACCESS-EASEMENT 0 Deed and Easement") is,:made effective as of October , 2023 (the ",Effective Date"), by ed (e,,,�and between 70 RANCH, L.L.C., a Colorado limited liability company ("Grantor"), and @0 . 0 LEMBKE FAMILY:PRESERVE,L.L.C., a Colorado limited liability cotiipany,whose address is 0 �� 8301 East Prentibe Ave, Suite 100, Greeigpod Village,CO 80111 (`Grantee"). � RECITALS A. Grantor des1res o convey and transfer to Grantee all of its rig t id interests , @$ i'd to the Property(as defined below)owned by Grantor. s� Op oa (�j B. Gra t:Or' desires to grant to.;Cxrantee an access easement to the Property O ? ?;. O e �� pursuant to the tertls'and conditions set forthherein. 0 IN 8 SIDERATION of,_Ten Dollars ($10.00) And' other good and va) ble consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee,agree as follows: C QS 0�� 1. Conveyance of Property. , 2 0 ' + (a) Granter hereby grants, brains, sells and conveys' unto Grantee, its, `- s � successors and assigns forever, all of that certain real property in t etounty of Weld, State ot Colorado, inclining after-acquired title'>thereto, as legally de ibed on Exhibit A attached hereto(the"Property"). q), `, ` `(b) 'The Property is conveyed together withal reversions, remainders;easements, rights-of-way, development rights, appurtenances and hereditaments appertaining to or ii9 -Otherwise benefiting or used in connection thereof,if any, and all the estate,right,title,interest, pb . lEj claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property,but (\0 ,5 excluding any and2a`irwater or mineral rightsf any nature. • \� e2. ,.§. Grant of Access Easenient. Grantor hereby grants;bargains, sells and cOVeys to Grantee, its successors and permitted assigns, an appurtenant, perpetual, nonexclusive easement (the "Easement") for;the purpose of accessing the Property in, to, through, over, QS under and across the roads and access points located on:the real property located=in the County ,.of/Weld, State of Colorado;as described on Exhibit,,B attached hereto and incorporated herein pd @:.�:by this reference(the"Ftasement Area"), on andsubject to the followinggerms and conditions: �0' o �O 2 �>' v O (a) Cantee, its agents, contrrs, employees, and pe-witted assigns, shall have �� and exercise the right of reasonable ingress and egress in, to, through, over, under and across the Easemen€Area, but only using.the-roads and access poi is described on Exhibit attached hereto,�(orpurposes of accessing the Property. O O� iO" w` ,O cO ,O 0 81184.2 ��0 ' % 0�6--)'''%\:j i b OQ OQ 4924 : 10/09/2023 03:14 PM OQ �� P� e=2 of 8 � ':- `� o@op o@op oe o@op o@op � ��+0-53 (b) ' xcept as otherwise pro ed in this Deed and E ent, Grantor reserves-me right to use th a Easement Area for any lawful purpose and to grStit further easement interests in the Easement Area to other parties including public entities so long as such interests and uses do not'unreasonably interfere with Grantee's full enjoYrnent of the Easement.and the other Q rights granted under this Deed and Easement. O� ') Op (c) Grantee shall have the right a "authority from time t> time to assign and @Op 6 �+ transfer any and allrrights to use, and obligations associated with,the Easement. O 0 (d) > ities set The rights and respon ibil forth in this Section 2 of this Deed rind �� Easement are intended to be covenants on the Easement Area and shall run with the land, and they shall be binding upon and inure to the benefit of Grantor and Grantee and theft respective ) successors and assigns. /OQ er (e) Nothing,contained herein shall he to be a grant.or dedication of any Op .,t rights or use to the;public in general, and no third party beneficiary C rests are created note to be crew by this Deed and Easement. '� � e 3. General Provisions.��v intended4i'D e s1 s1 �rl Q ♦(a) Bindin�� Effect;; Each of the benefits and burdens of this Deed and Easement O inures to and is bindingu vn theparties' respective al representatives, executors, c@o p._, P g ep Oadministrators, successors;and assigns. Opp Opt + (b) Epee'"Agreement. Thia::-Deed and Easement? bodies the enti* ' O� understanding and agreement among the parties relative to the matters contained herein, anl e supersedes a1 }prior negotiations, and andings or agreements in regard thereto, whether written or oral. (c) Headinus. The'subject headings used in this Deed and Easement'are included (OQ for purposes of reference only, and shall not affect the construction or interpretation of any of its provisions. @O(f �O (d) Ex iibits. All schedules,/exhibits and addenda attachedto this Deed and30*j° Easement and referred to herein shall for all purposes be deemed to be incorporated its this Deed and Easement by this referenceandtmade a part hereof •(e) Colorado Law This Deed and Easement shall be construed and enforced in accdance with the laws of the-State of Colorado. 0 c2' pe ,,Op (f) Recor-dation. This Deed and Easement shall be recorded�ifi the real property OO ��O records of Weld County, Colorado. ).;: �O �; / • -' �O (g) :;;Construction. Throughout this Deed and Easement, the singular shall include the plural, fly\plural shall include the singular; all genders shall be deemed to include other genders;;wherever the context sa requires; and the terms 'including," "include" oi' derivatives thereof unless otherwise specified, shall be interpreted in as broad a sense as possible to mean "including,but not limited to," or"including,by way of example and not limitation." 21 s 1 l sat ��0 /?� �� * DoQ o� 4924804 10/09/2023 03:14 oQ P e= of 8 C� op op o%' o>� r0 °� �� 2`�( ?`,� °� o� (h) further Acts. Upon reaspnable request from a party hereto, from time to,time, * each party, h 14 execute and deliver,guehi additional documents.and instruments and take such other actions as may be reasonably necessary to give effect to the intents and purposes-of this Deed_-;arid Easement, provided-such documents and instruments do not impose..any material o obligations or liabilities on such party that are not contemplated by this Deed and Easement. ° d °G' (i) Count arts. This Deed and 'easement may be executed in multiple op °@ counterparts and, then executed by all pa"; shall constitute one.agreement effective an °. bindingon all at ios �. �O� P o� I *No Documentary Fee Required i t t RS §39-13-102(2)(a)=No Consideration Paid J ��o ��o [Signature Page Fool vs] ��o ��Q 00 9 eg. �o �o �o 'C if e'g4 io° i9 i ioQ io° ' '. .43 ' '' ° ' '4 5 ' '.4 f #g 9 4 o4 o4 9 4 I i �o �o (op� (op? eoa� (off'' (o�� o��o o��o �� o��o ��o '0--) ' '' ' 4 1 o° Q oQ oQ o° o\:y o�°p o�°p o�°p o�°p 0 �4 vso o4 o'\- ��,i)'g4 04 1 04 i i i 94 i i 94 e d d d .�(?,. Drop off C? o�°p ,4 4th 6 oQ 4924844' 10/09/2023 03:14.PM (9 .d d Pale 4 of 8 s� e ,o,'4 ' • % e GRANTOR and GRANTEE have exeeute this Deed and East to be effective as qe, Effective Date,notWithstanding the date o dual execution s o� 4 Q� Q4 o` �0 00 �O 00 GRANTOR: ' o0 00 ''....'1 ROVED o0 ;f1- ANCH, L.L.C., ,\'�° °(° °,° FOR to M oo S �� Colorado li ••' . ._ ?'\. -om••any .4�� ___.C l O, , ,, By: �_ • --. 4 o4 Q`� Robert A. Le e,Man •`reJ� �C �� 0 o °pd 0. 4> opo ��sJ�l'ANTEE: �°�ir' �Oo �°c' �°�r' �s0 LEMBKE FAMILY.PI2 SERVE, L.L.C., � �� 0 a Colorad liability •om any o� o� Q� By: ®° c�'r° c®� ' tob rt A. Lem ke,M tiger e o eo 0 6 oe c5e o� o'4c)'' * ono o� 4 4 4 Ce .opo e o e oo �°po �opd beoff° off° off° off° * • .4 . 4 * # �Q4 o4 I 4 o o4 oo© © o s, s� o o�°p o° - o�°p o° - 6.f. , o� • *63' �� o° o� 4 .4 . 0 0 0 0 0 0 0 i9 % SIGNATURE PAGE TO BA*GAIN AND SALE D l 1 e 1811842 0�� o� t. \ 60��° 0 0 *9 \ 0 0 ��Q �°' 49244 10/09/2023 03:14/ o�Q d d Pice5of8 v `� pop pop Oop (oar Oop� �o �o � �K ��o �� STATE OF COLOR DO �o O° O° ss. COUNTY OF_,, Aka pahof )4 4 Q The`foregoing instrument- acknowledged before me this '' day °� 1(;t�b41( � 2023,1by Robert A. Lembke, ass Manager of 70 RANCH,;L.L.C, a Colorado limite Aiability company. O O@V'r Witness my hand aid official seal. O6'�r' 06 � O.., 063 o^\S My commi 49 O� n expires: ID 1 ifj •6 '0 J cOo\> ie MARY BATES „- , , e ,' ,, C� NOTARY PUBUC _'. c., '' L/�' " ti- M M (�`��' STATE OF COLOR Notary 1'Rnic O�r � �, NOTARY ID 202 0078 � My Commission Expires'botober 07,2024 J ��O � O O 0E19 O O <.� 4 d d STATE OF'COLORADO ,�°o �OQ (OQ 7_°Q ss. CCVIT OF AYAppr ;=,';' ) O'C> Opd Ope ��% The foregoing,instrument was acknowledged before me this day of ,�C,r 01.).t_! ' , �© 2023, by Robert A._.3.embke, as Manager of LEMBKE FAMILY PRESERVE, L.L.C., a Colorado limited liability company: �� ‘)'' Q4 Q4 Q�W mesa my nand and offictaicai. O (° ©° ��'My commission expires:>10 j 112024 �0�� 0�2 �0�� + : ��0 ��O 0\5 53 MARY,BATES ( ,'�, �� NOTA�PUBLIC �} -'l ti: �cil -/7 49- STATE OF COLORADO l Not Public NOt�,RY 10 20204035078 s ary 4 4 My� >_ Expaes:October 07.202� 0 i9 i ' Ci .053 .Oo �Oo �Oo 4 �o �o 94 �o �o @o Opd �P� .PM .„� Opd *@ Si `�i 9' ;. URE PAGE TO B 4 AIN AND SALE D _r+ 2 (nqO� �� e 'CI)*‘-. �OO OQ� 10/09/2023 oOo ``�Q P e6of8 p� S. � oo o� �op oop o� o + � � �o o� �O� o xhibit A 0 �o� �Q 4; PROPERTY oQ oQ LEGAL DESCRIPTION �( �oQ �o I �,' EL OF LAND SITUATED IN SECTION 33, TOWNSHIP 5 NORTH, WEST OF THE 6Th P.M., 1312 p� C41UNIY OF WELD, STATE OF COLDRA60, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: „\@% �Q �• COMMENCING AT THEN T CORNER OF SAID SECTION 33; A THENCE SOUTH 8823'5A DISTANCE OF 720.35 FEET TO A POINT 30 FEET SOUTH OF NORTH s UNE OF SAID SECTION 33, THE TRUE POINT OF BEGINNING• . o THENCE NORTH 89'12'50" EAST, RUNNING 30 FEET SOUTW O PARALLEL TO SAID NORTH3' .I A ��} DISTANCE OF 4,430.67 FEET TO A POINT 60 FEET WES'TsOF`THE EASTERLY UNE OF SAID kyl• 33; THENCE SOUTH 00'54'25" EAST, RUNNING 60 FEET:WEST AND PARALLEL TO SAID EASTETLY LINE, A DISTANCE (� OF 2,373.75 FEET TO A POINT; o� �\ THENCE SOUTH 89'26'25" WEST A DISTANCE OF'500.01 FEET TO A POINT; �o O O THENCE SOUTH 00 57'48' EAST A DISTANCE OF 500.01 FEET TO A POINT; fi�nn\J THENCE NORTH 89'26'25' EAST A DISTANCE OF 500.02 FEET TO A POINT 6�f�T WEST OF THE EASTERLY �� UNE OF SAID SECTION 33; o� •'THENCE SOUTH 01'01'18' EAST, CONTINUING 60 FEET WEST AND PARALLE ) SAID EASTERLY UNE, A `DISTANCE OF 2,343.74 FEET TO A POINT 60 FEET NORTH OF THE SOUTHERLY UNE OF SAID SECTION 33;� Co ��jo THENCE ALONG LINES RUNNIN6<60 FEET NORTH AND PARALLEL TO SAID SOUTHERLY UNE THE FOLLOWlNC.> ,,Q v THREE (3) COURSES; s)) , 0 1. THENCE SOUTH 89'44'03" WEST A DISTANCE OF 671,51' TO A POINT; �� 2. THENCE SOUTH 89'33'02" WEST A DISTANCE OF 2,6 FEET TO A POINT; „ �� 3. THENCE SOUTH 89'29'32' WEST A DISTANCE OF 1,858.58 FEET TD A POINT 30 FEET EAST OF THE WESTERLY UNE OF SAID SECTION 33, oQ o� THENCE NORT!'k 00'33'35" WEST, RUNNING 30 FEET EAST AND PARALLEL TO SAID WESTERLY UNE, A DISTANCE OF 2,333.47 FEET TO A POINT; THENCE NORTH 89'26'25' EAST A DISTANCE,#R�,1;030.00 FEET TD A POINT; �OO �OO , THENCE NORTH 00'33'35' WEST A DISTANCE; 500.00 FEET TO A POINT; THENCE SOUTH 89'26'25" WEST A DISTANCE OF 1,030.00 FEET TO A POINT 30 FEET EAST OF THE Po �� WESTERLY UNE OF SAID SECTION 33; THENCE NORTH 00'33'35' WEST, CONTINUING 30 FEET EAST AND PARA�t:EL TO SAID WESTERLY UNE, A ?�• /�O ? DISTANCE OF 708.16 FEET TO A POINT; J 0O S ., THENCE NORTH 89'26'25' EAST A DISTANCE OF 600.00 FEET TO A POINT; THENCE NORTH 13'35" WEST A DISTANCE OF 0.00 FEETJO,.A POINT; �T'O� THETHENCE E SOUTH NORTH 2�3 21'12' WEST A DISTANCE OF EAST A DISTANCE OF 30146.4E 11 ATPOINT;POINT OF BEGINNING. �� O' 00 SAID D BF6TRACT CONTAINS 576.5E ACRES 115,141 SQ. FT.) MORE OR LESS �� ()3 o 0 77_ C. �opd �opd 7N,T do�� e<0� e ��o e ��o o<0% o‹�o ,„, \..,..„, __ o 0 oQ� oQ� j'. ier_t8 Eaal�� i an.gaiiiiinC..; LEGAL DESCRIPTION SURVEY 6)SYSTEM S ' L`P" SECTION 33,TSN,R62W An ,re. e,r{,.e4. oa EASEMENTAREA a.0.1.r111 [wpm COMIC,Te]ea..ta•fcr,mem r`. ..a.:,.v....00.n., 0 A * 'q3 <0‘>-- 0) e � o � o � o � o I0o 6o io94 e doQ �oop �op � e . ,,. A.1811842 A � � o I o� 60e � /f/ `,o�Q �,DoQ 4924:' 10/09/2023 03:14; ° �oQ P 0f 8 o�'� - o� op� op� 00� o� ONo� 00� -- a _ 4 POINT OF COMMENCEMENT O�� NE COR SEC 33, O� O�� O�, NW COR SEC 33, O TSN,PBZW,6TH PM /�O ?O TSN,R82W,6TH PM FOUND 3'ALUM CAP ‘ �/ �/ FOUND 31 T ALUM CAP (� STAMPED L 1.242 N89'1250'E 5,21 ! STAMPED LS 4645 �(� �O I sas236rE_ BE-GINNING OF BNINO N23°21'12"E ,Ik��0 C' EE5 , > �� ig ��++ �� \ (OO 1 - NOO°33'35'W OO ;4� � �O 600.00' SECTION 33 , 5"E TSN,R62W, S89°26'25"W �� f ��% NOQ°33'35'W 708.16' �cr 500.01' J �/?o S8,_ 25"W <2,� SOO'57'48'E �l , , 0� .0, ��. .00' PAD SITE 500.01' O N89'26'25'E NDO*33735'W'500.00' PAD SITE Cj>o 1,C3C_GCi 1 u N89°2825'E ,�'� �J 500.02' / O�v I ?�vl� 4 COR SEC 33, 0 T5N lR62W,STH PM "re Q OOQ (24 _J FOUND 3'ALUM CAP 11 �� r � s�� STAVED LS 4S45W 6 . �Iw �o . VO i c.53, @o @o �O OO VO O onO a �0 SW COR SEC 33, O �* T3N,R62W,8TH PM/ FOUND 3'ALUM CAP � 9°44'03"W STAMPED LS 4645 671,51' S89°29'3_'2'W 1,858,58' ' S89°33'OYW 2 67721' ZZLL__ I Q Q COO - -S89'29'321N 1,888.49' 4 - - 589'33U2'W 2.627.O8' W O �O N 3A9' , ^O'f� N1kCORSEC4' NECORSEC4, -/-, L� ©O� �� 6 TAN,R62W',6TH PM TAN,R82W,6TH PM ;:,(,`ii COR SEO 33, �� FOUND 3'ALUM CAP FOUND 3'ALUM CAP r �- _�+w �. STAMPED LS 4645 STAMPED LS 4845 %i- ,R62W,STH PM -86i' n 600' FOUND 3"ALUM CAP 0O .�,�c.�r. � �O STAMPED LS 4845 0O "x. .,r/._. p(HIB1T SURVEYN-VSYSTEMS , SECTION 33,T5N,R62W N**.�.±: s s.-^<<.m.., .` EASEMENT AREA '."1, ._.�,'.;' : ICI .k•°- ri„Q ., . .:� .,...,. op� op�' op�' op� op�' C9 CS �00 13 �00 # '00 * d e 0 ,d ee e 'e P ed O Kt c.@op oc6°� °p oc�°� °p K%,s <-2,, L1811842 0 0 el # 0 �oQ �oQ 492480\4 10/09/2023 03:14 PM' ( M6 M� Page 8 of 8 - �j� O� O� \\`r V y ralOV ^K49 Exhibit B . '4 1)' EASEMENT AREA AND AUTHORIZED ACCESS ROUTES AND POINTS c6 n 41.4 t t7 7� I i►'t NF � C . 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Weld County , CO MEMORANDUM OF AGREEMENT AND EASEMENT THIS MEMORANDUM OF AGREEMENT AND EASEMENT (this "MOA") is executed this 23rd day of October ,2023 (the"Effective Date"),by and between Lembke Family Preserve,L.L.C.,a Colorado limited liability company,whose address is 8301 E.Prentice Ave.,Suite 100, Greenwood Village,Colorado 80111 (the"Lembke Famil\ Preserve"or"LFP"), and the Denver Zoological Foundation,inc.,a Colorado Nonprofit Corporation,whose address is 2300 Steele Street,Denver,Colorado 80205(the"Foundation").The Lembke Family Preserve or LFP(as applicable)and the Foundation are sometimes referred to herein individually as a"Party" and collectively as the"Parties". 1. Aweements. The Parties entered into a Deed of Easement and Agreement dated October 23 , 2023 (the "Easement Agreement") and a Recognition Agreement dated October 23_,2023 (the"Reco,_ilition Agreement";together with the Easement Agreement, the "Agreements"). The Recognition Agreement was referenced and incorporated into the Easement Agreement as a material term, the breach (following any applicable notice and cure period) of which constitutes a material breach of the Easement Agreement.All capitalized terms used herein and not otherwise defined in this MOA shall have the meanings set forth in the Easement Agreement. 2. Memorandum of An::cements. The Parties wish to record this MOA in lieu of the Agreements. 3. Grant of Easement. Subject to the terms of the Agreements, the Lembke Family Preserve granted the Foundation an exclusive easement for the Term (the "Easement") in, to, through,over,under, and across certain real property located in Weld County,Colorado,as more particularly described in Exhibit A attached hereto(the"Easement Area"). 4. Term. The initial term of the Easement Agreement and Recognition Agreement extends for a period of fifty(50)years from the Effective Date(the"Initial Term").The Foundation has the option to extend(each, an"Extension Option")the Easement Agreement and Recognition Agreement for five(5)additional periods of ten(10)years each(each,an"Extension Term")upon the same terms and conditions contained therein. The Foundation may exercise each Extension Option by notifying the Lembke Family Preserve in writing of the Foundation's intent to exercise the applicable Extension Option not less than one(1)year,but not greater than two(2)years,prior to the expiration of the Initial Term or the then current Extension Term (as applicable). As used herein,"Term"shall mean the Initial Term and any applicable Extension Term. 5. Purpose and Use. The Easement Area shall be used by the Foundation solely for the following purposes: (a) the care of zoological animals by the Foundation; (b) breeding of zoological animals by the Foundation; (c) holding of zoological animals (or surplus zoological animals)by the Foundation; (d) other purposes or uses directly incidental to those described in subparts(a)through(c)and necessary to accomplish the purposes and uses described in subparts (a)through(c);and(e)any other purpose or use requested by the Foundation and approved by the LFP in writing(such approval in LFP's sole and absolute discretion)(the"Project Puri oses").The Foundation may improve, install, construct, operate, maintain, repair, replace and remove 4930246 11/09/2023 02:10 PM Page 2 of 7 improvements which are on, attached or affixed to the Easement Area to support the Project Purposes (collectively, "I frovements") subject to the terms and conditions of the Easement Agreement. No other use shall be made of the Easement Area without the prior written consent of the LFP,which may he withheld by the LFP in its sole and absolute discretion. Subject to the terms and conditions of Section 17 of the Easement Agreement, the Foundation shall comply with all stare, federal, and municipal laws, regulations, ordinances; rules, decrees, permits, licenses and governmental restrictions, whether currently in existence or hereafter enacted, relating to its use of the Easement Area or the Project Purposes, including specifically, but not exclusively, all Environmental Laws (as defined in Section 17(a) of the Easement Agreement), and all laws and ordinances relating to the storage and use of inflammable,toxic, or combustible materials. Unless otherwise approved in writing as an amendment to the Easement Agreement, the Easement Area may not be open to the public or put to any commercial use or third-party use. The Foundation shall consult with the Lembke Family Preserve prior tc constructing or replacing(to the extent the replacement is materially different than the initially constructed improvement)any Improvements in support of the Project Purposes pursuant to the Consultation Protocols described in the Easement Agreement. The Foundation must use the Easement Area for the Project Purposes, including actually placing zoological animals on the .Easement Area, no later than twenty-four(24)months of the Effective Date or the Easement Agreement shall automatically terminate. 6. Access. The Foundation may access the Easement Area over specific routes identified in the Easement Agreement. The Lembke Family Preserve may access the Easement Area in accordance with the terms of the Access Protocols described in the Easement Agreement. 7. Costs and Expenses. The Foundation is responsible for all costs, expenses, insurance,utilities and taxes related to its use of the Easement Area. 8. Water and Mineral Rights. With the exception of stock water rights, no water or mineral rights are conveyed to the Foundation under the Easement Agreement. 9. Assignment. The Foundation may not sell, license, sub-lease, assign or otherwise transfer the Easement,the Easement Agreement,the Easement Area or the Recognition Agreement to any public or private third party without the prior written consent of the Lembke Family Preserve. 10. Default. Upon the occurrence of a default by the Foundation under the Easement Agreement (following any applicable notice and cure period), the Lertbke Family Preserve may (i) terminate the Agreements, effective at such time as may be specified by written notice to the Foundation, following which all of the Foundation's rights and interests to the Easement and the Easement Area shall immediately and automatically revert to the Lembke Family Preserve and the Foundation shall quit and surrender its possession and occupancy of the Easement Area in accordance with the terms of the Easement Agreement;(ii)demand and require that the Foundation to vacate(within a reasonable rime period but in no event later than twenty-four(24)months from the date of such demand) the Lascinent Arca withou:termination of the Easement Agreement; or (iii)pursue any other remedies available at law or equity, including an action for damages 1 l. Cessation of Operations If the Foundation, its authorized assignee,or its authorized suuessor-in-interest cease its use and operation of the Easement Area. or any portion of the Easement Area, for Project Purposes for a continuous two-year period, such cessation shall constitute a material breach of the Easement Agreement. Upon such breach, the Lembke Family {1(1/ 4930246 11/09/2023 02:10 PM Page 3 of 7 Preserve may immediately terminate the Agreements, following which all of the Foundation's rights and interests to the Easement and the Easement Area shall immediately and automatically revert to the Lembke Family Preserve and the Foundation shall quit and surrender its possession and occupancy of the Easement Area. 12. Disrute Resolution.Any claim,dispute or other matter in question arising out of or related to the Agreements is subject to mandatory mediation and binding arbitration. 13. Ex�pirationor Termination. At the expiration or termination of the Easement Agreement, the Foundation is required to quit and surrender it possession and occupancy of the Easement Area pursuant to the terms and conditions of the Easement Agreement. 14. Foundation Termination Qption. The Foundation shall have the right to terminate the Easement Agreement and Recognition Agreement (the "Termination Option") at any time during the Term. The Foundation shall exercise its Termination Option by delivering a written notice to the Lembke Family Preserve (the "Termination Notice") which specifies the effective date of such termination(such date,the"Earl;:Termination Date");provided,however,the Early Termination Date shall be no earlier than sixty(60)days after the date such Termination Notice is delivered to the Lembke Family Preserve.Upon the Early Termination Date,the Foundation shall comply with the terms and conditions of the Easement Agreement related to the surrender of the Easement Area. 15. Amendments. The Agreements can be amended or altered only upon written instrument executed by the Lembke Family Preserve and the Foundation. 16. Confidentialit,. The Agreements may be released to a third party only with the written consent of both the Lembke Family Preserve and the Foundation. 17. Multiple Countej.arts.This MOA may be executed in multiple counterparts by the Parties. [Signature Pages Follow] �13 4930246 11/09/2023 02:10 PM Page 4 of 7 IN WITNESS WHEREOF,the Parties hereto have executed this MOA effective as of the Effective Date. LEMBKE FAMILY PRESERVE: APPROVE!:. Lembke Family Preserve, L.L.C., kaS toA a Col liability company " C3t� By: Name: Robe . Le e Title: Manager STATE OF COLORADO ) ) ss. COUNTY OF Arapahoe ) Subscribed and sworn to before me on this `)Th day of 0 L I , 2023, by Robert A. Lembke, Manager of Lembke Family Preserve, L.L.C., a Colorado limited liability company, on behalf of said company. Witness my hand and official seal. [SEAL] " , Ai'Bb�T"1 _ 4 Notary Public MARY BATES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 202040'35076 My commission expires foil 1 7.0 2 4 My Commission Expires:°Meer 07,2024 [Foundation Signature Page Follows] EXHIBIT F-4 4930246 11/09/2023 02:10 PM Page 5 of 7 FOUNDATION: Denver Zoological Foundation, Inc., a Colorado Nonprofit Corporation Name: Bert Vescolani Title: Chief Executive Officer STATE OF COLORADO ) s& COUNTY OF 1/ r•t, _ ) Subscribed and sworn to before me on this day of Qefeb, 2023,by Bert Vescolani, Chief Executive Officer of Denver Zoological Foundation,Inc.,a Colorado nonprofit corporation,on behalf of said nonprofit corporation. Witness my hand and official seal. [SEAL] Notary Public My commission expires 9/J4/_J,.J PATRICIA A.MOREDOCK NOTARY PUSLIC STATE OOP COLORADO NOTARY 113114341113109 MY COtllree1O i EXPIRE!OI3100 8 4930246 11/09/2023 02:10 PM Page 6 of 7 EXHIBIT A EASEMENT AREA - ; LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN SECTION 33, TOWNSHIP 5 NORTH, RANGE 62 WEST OF 1HE 6TH P.M., COUNTY OF WAD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1 COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33; THENCE SOUTH 88 23'57' EAST A DISTANCE OF 720.35 FEET TO A POINT 30 FEET SOUTH Of THE NORTH UNE OF SAID SECTION 33, THE TRUE POINT OF BEGINNING; THENCE NORTH 0912'50' EAST, RUNNING 30 FEET SOUTH AND PARALLEL TO SAID NORTHERLY UNE. A DISTANCE OF 4,430.67 FEET TO A POINT BO FEET WEST OF THE EASTERLY UNE OF SAID SECTION 33; i THENCE SOUTH 0014'25" EAST, RUNNING B0 FEET WEST Alm PARALLEL TO SAID EASTERLY LINE, A DISTANCE OF 2,373.75 FEET TO A PONT; j THENCE SOUTH 89'26'25' WEST A DISTANCE OF 500.01 FEET TO A POINT; f THENCE SOUTH 00'S7'48' EAST A DISTANCE OF 500.01 FEET TO A POINT; 'THENCE NORTH 89'26'25" EAST A DISTANCE OF 500.02 FEET TO A POINT 60 FEET WEST OF THE EASTERLY LINE OF SAID SECTION 33; i THENCE SOUTH 01'01'18' EAST, CONTINUING 60 FEET WEST AND PARALLEL TO SW EASTERLY UNE, A DISTANCE OF 2343.74 FEET TT)A POINT 60 FEET NORTH OF THE SOUTHERLY UNE OF SAID SECTION 33; THENCE ALONG UNFS RUNNING 60 FEET NORTH AND PARALLEL TO SAID SOUTHERLY UNE THE FOLLOWING THREE (3) COURSES I. THENCE SOUTH S9.44'03" WEST A DISTANCE OF 671,51 FEET TO A POINT; 2. THENCE SOUTH 69'33'62` WEST A DISTANCE OF 2,627.21 FEET TO A POINT; 3. THENCE. SOUTH B9.29'32' WEST A DISTANCE OF 1,858,58 FEET TO A POINT 30 FEET EAST Of THE WESTERLY UNE OF SAID SECTION 33; THENCE NORTH 00133'35" WEST, RUNNING 30 FEET EAST AND PARALLEL TO SAID WESTERLY UNE, A DISTANCE OF 2.333.47 FEET TO A POINT; THENCE MATH 69'26'25' EAST A DISTANCE OF 1,030.00 FEET TO A POINT; ' THENCE NORTH 00'33'35" WEST A DISTANCE OF 500.00 FEET TO A POINT; THENCE SOUTH 89'26'25-WEST A DISTANCE OF 1,030.00 FEET TO A POINT 30 FEET EAST OF THE 1 WESTERLY UNE OF SAO SECTION 33; r THENCE NORTH 00.33'35' WEST, CONTNUING 30 FEET EAST AND PARALLEL TO SAID WESTERLY UNE, A IDISTANCE OF 708.18 FEET TO A POINT; THENCE NORTH 89'26'25" EAST A DISTANCE OF 600.00 FEET TO A POINT; THENCE NORTH 00'33'35' WEST A DISTANCE Of 600.00 FEET TO A POINT; ITHENCE SOUTH 89'26'25" WEST A DISTANCE OF 374.88 FEET TO A POEM; THENCE NORTH 2371'12' EAST A DISTANCE Of 1,146.46 FEET TO THE POINT OF BEGINNING. 9au utsl;RILIED MCI CONTAINS 576.56 ACRES (25,115,141 SD. FT.) MORE OR LESS. t t�t LEGALDESCRIPT/ON r_SURVEYFASYSTEM8 Ff r i . SECTION33,TEN,R12W �..r.�.,.rswow.r 4 EASEMENT AREA "O •~n,4*ow snumuag-`o11°"" ` Try a....w.....-e..rw.wn.nw 4930246 11/09/2023 02:10 PM Page 7 of 7 PONT OF OOWBICE on NeOosIecSa I NWCORMCal, mat om TUC ROY,ITN PM I FOUND a VT NAM CIW F$TAIpID IMs NAM LI 7242 NIIIITI 'E 5.2I0.33' w P011TOFaE0# 42 148D in:II 4.430,67' —_-. ._—v.. - '. 1423'21'12'E 1,146.4e' P saa'202a'w 374,66' I - NO0.9315w 800.00 SECTION 33, c i I TST4,Rf32W,6TH P I ser2e'2d'w 1400'33'a6w 706.16' 01' 36Y'26Z6'w $00'S74 'E , .l- ,,E"`., 1' " PAD DM 500.01, ��-- — i ry_•_E i 1-1"' N00'9335W 60000 POSITS 14e9'28'25'E L. ; 600 07 I ETA ma sEC 33, MI, N,ITN RA I v FOUND S'ALWOr11 SOWED LS INS w i 16N,Re2W.ST-F6i 2 FWr.'D r;a vu OAP 8$9r44 D3'w i STAM LS 4645 i P" 671.51' • 1 j tJ S69'2:r?rw t,?58.5E' S69`33'021W 2,627.21' • flit ` Se9'29�?W 'ASS 4& . ` — SE9'33'02w zs27.0e' -7_._.....vil ! U - 7 2•t(tTfi PM CDR SEC<, Td1.1t' I 74N Rent 67}IF4d 4E w, TH s, SCALE;f.100 T41i,Av2W,STH IV SE Wk Ur 3f,. � � pp PEO LS delS� F a1�AA1P�r L8 Tsv.Raw,on;Pm I FWHDSF+U WcoR RTAAIPEDLS434: `j teanowista Wt.. mf.0......”...,. s{PM1Mm 5 Iwo ��- SURVEYtf�SYSTEM3 '40 IF am •"-- - --- --__--.-- SECTION 33.T5$R52WY •.•••••.• a ,....,... — - -- - -. EASF?IENI AREA PA ,s.,,..cear .esa'w,n r>sauu:o CoPv Resolution Approve Use by Special Review Permit, USR25-0014, for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A (Agricultural) Zone District — Lembke Family Preserve, LLC Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, the Board of County Commissioners held a public hearing on the 24th day of September, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of the Lembke Family Preserve, LLC, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111 , for Use by Special Review Permit, USR25-0014, for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of Section 33, Township 5 North, Range 62 West of the 6th P.M., Weld County, Colorado Whereas, at said hearing, the applicant was present, and Whereas, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and Whereas, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission, and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that this request shall be approved for the following reasons: . 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. The applicant has demonstrated that the request is in conformance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. 1) Section 22-2-30.A.1 states: "Land use changes should not inhibit agricultural production nor operations." This is a request for the keeping and raising of exotic animals. The historic use of the property has been oil and gas, along with agricultural. The land use is primarily an agriculturally based entity that focuses on preserving Cc PLCDE/MN/DA/FAO/KR) CA(KN), 2025-2585 A SRCs&), RPPL. APPL. REP. PL2970 , t/i7/25 Use by Special Review Permit. USR25-0014 — Lembke Family Preserve, LLC Page 2 open space, habitat, grasslands, and providing environmental amenities and enrichment for the animals on premises. 2) Section 22-2-30.C.1 states: ''Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts." The large tracts of land under the control of the 70s Ranch, LLC, under the same ownership as the subject property. provides for a natural buffer between adjacent properties and uses. The Preserve is primarily developed as open grassland habitats with ten (10)-foot woven wire stock fence. This fencing and tract layout may also be used for livestock or other approved land use operations in the future, if warranted. 3) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as adequate roads and utilities, exists or can be made available prior to development of energy and mineral resource production facilities." According to the application materials, the access will be located off of County Road (CR) 69, which is located approximately four (4) miles east of the subject parcel. An Access Permit is required for accesses onto Weld County maintained roadways. CR 69 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as a local road, which requires 60 feet of right-of-way. B. Section 23-2-230.B.2 —The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent. states: "Agriculture in the County is considered a valuable resource, which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." 2) Section 23-3-40.K. Uses by Special Review, of the Weld County Code allow for the "Keeping, raising or boarding of exotic animals" in Lots outside of a subdivision and historic townsite in the A (Agricultural) Zone District. 2025-2585 PL2970 Use by Special Review Permit, USR25-0014 — Lembke Family Preserve, LLC Page 3 3) Section 23-1-90 states: "Exotic Animals are any vertebrate animal except fish and amphibians, that is not defined as livestock or household pets, in the Weld County Code." C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent properties are zoned A (Agricultural), and the land uses include pastureland and oil and gas activities. There are no Use by Special Reviews (USRs) within one (1) mile of the site. The closest permitted use, USR16-0023, for a compressor station. is located one and one-half(1.5) miles to the northwest. The nearest residence to the subject property is approximately four (4) miles to the west. The Weld County Department of Planning Services sent notice to two (2) surrounding property owners (SPOs), and no written or phone correspondence was received. D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development, as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within a Coordinate Planning Area. or within the three (3) mile referral area of any municipality. E. Section 23-2-230.B.5—The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the A-P (Airport) Overlay District. 1-25 Overlay District, the Geologic Hazard Overlay District, the MS4 - Municipal Separate Storm Sewer System area, the Special Flood Hazard Area, the Historic Townsites Overlay District, or the Agricultural Heritage Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee. and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The Natural Resources Conservation Services (NRCS) Soil Survey indicated approximately 548.5 acres consists of soils designated as Valent sand (3-9%) moderate slopes, that are classified as 'Not Prime Farmland', and 30.8 acres as Valent sand (0-3%) low slopes, that are classified as 'Farmland of local importance'. This USR will not be removing active farmland from production. as the site is currently being used for oil and gas and agricultural activities. G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240. Weld County Code), Operation Standards (Section 23-2-250, Weld County 2025-2585 PL2970 Use by Special Review Permit, USR25-0014 — Lembke Family Preserve, LLC Page 4 Code), Conditions of Approval and Development Standards can ensure there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. This proposal has been reviewed by the appropriate referral agencies, and it has been determined that the attached Conditions of Approval and Development Standards ensure there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the application of the Lembke Family Preserve, LLC, for Use by Special Review Permit, USR25-0014, for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. A Final Drainage Report and Certification of Compliance, stamped and signed by a Professional Engineer, registered in the State of Colorado, is required. B. The applicant shall submit written documents showing the owners of the private roads being utilized to access the site have granted permission for the project owners and project owner's employees, contractors, and visitors to use the private roads to access the subject site. The documents shall be signed by all owners of property crossed by the private roads. C. The applicant shall address the comments of the Weld County Oil and Gas Energy Department, as stated in the referral response, dated June 26, 2025. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. D. The applicant shall address the questions from Colorado Parks and Wildlife, as stated in the referral response, dated July 31 , 2025. Evidence of such shall be submitted, in writing. to the Weld County Department of Planning Services. E. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR25-0014. 2) The attached Development Standards. 2025-2585 PL2970 Use by Special Review Permit. USR25-0014 — Lembke Family Preserve, LLC Page 5 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The map shall delineate the existing and proposed screening. 5) The map shall delineate the parking area for the trucks. 6) The applicant shall delineate the trash collection areas on the map. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. 7) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable. 8) Delineate and label the existing County Road 69 right-of-way and the physical location of the road. Reference the document used to create the right-of-way in the label. Specify in the label whether the document is from the Clerk and Recorder Book or from the Road Book. 9) The applicant shall show and label the private roads used to access the site. Include the owner's name in the label. 10) The applicant shall show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No-Build or Storage Area" and shall include the calculated water quality and detention volumes. 11) The applicant shall show and label the drainage flow arrows. 12) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a USR map along with all other documentation required as Conditions of Approval. The USR map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The USR map and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 2025-2585 PL2970 Use by Special Review Permit, USR25-0014 — Lembke Family Preserve. LLC Page 6 3. In accordance with Appendix 5-J of the Weld County Code. should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) month period. 4. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any Building or Electrical Permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. Use by Special Review Permit Development Standards Lembke Family Preserve, LLC USR25-001 4 1. Use by Special Review Permit, USR25-0014, is for Keeping of Exotic Animals outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation are 8:00 a.m. to 5:00 p.m., Monday through Sunday, as stated in the application materials. 4. The applicant is required to apply for a Minor Amendment if large carnivores, such as large cats or bears, are proposed to be included at the facility. 5. The number of employees shall be up to ten (10), as stated in the application materials. 6. The parking area on the site shall be maintained. 7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable. 8. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor 2025-2585 PL2970 Use by Special Review Permit, USR25-0014 — Lembke Family Preserve, LLC Page 7 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. 9. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 10. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 11 . There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. 12. Any work that may occupy and/or encroach upon any County rights-of-way or easement shall require an approved Right-of-Way Use Permit prior to commencement. 13. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. 14. Weld County is not responsible for the maintenance of on-site drainage related features. 15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 16. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5. 17. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld County Code and the accepted Waste Handling Plan. 18. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations and the accepted Dust Abatement Plan. 2025-2585 PL2970 Use by Special Review Permit, USR25-0014 — Lembke Family Preserve, LLC Page 8 19. Any On-site Wastewater Treatment System (OWTS) located on the property must comply with all provisions of the Weld County Code, pertaining to OWTS. 20. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as necessary. 21 . The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 22. Building Permits may be required for any new construction, set up of manufactured structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Codes. 2018 International Energy Conservation Code. 2023 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit application must be completed and two (2) complete sets of engineered plans, bearing the wet stamp of a Colorado registered architect or engineer, must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued prior to the start of construction. 23. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. 24. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended. 25. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 26. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 27. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated. shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or 2025-2585 PL2970 Use by Special Review Permit, USR25-0014 — Lembke Family Preserve, LLC Page 9 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 28. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 29. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. 30. This Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 31. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated. 2025-2585 PL2970 Use by Special Review Permit, USR25-0014 — Lembke Family Preserve, LLC Page 10 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 24th day of September, A.D., 2025: Perry L. Buck, Chair: Aye ♦ ,.% Scott K. James, Pro-Tern: Aye � > > Jason S. Maxey: Aye Lynette Peppier: Aye 1 t%T-:$•'- r Kevin D. Ross: Aye ;,ter ®Uli4V Approved as to Form: ♦ ♦ Bruce Barker, County Attorney Attest: Esther E. Gesick. Clerk to the Board 2025-2585 PL2970 Hello