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HomeMy WebLinkAbout961303.tiff RESOLUTION RE: APPROVE SALE OF REAL ESTATE TO TSE INVESTMENTS, LLC, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS 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, Weld County currently owns property located at its north business-industrial park, located southwest of the intersection of 11th Avenue and 0 Street, and WHEREAS, the property in said business-industrial park was purchased in 1987 with federal funds designated specific-ally to be used for the purpose of upgrading and developing economically depressed and blighted areas, and WHEREAS, TSE Investments, LLC, desires to purchase property in the business-industrial park, which property is more specifically described and shown in the attached Exhibit "A", and WHEREAS, TSE Investments, LLC, plans to build a building on said property and thereafter to lease the building to the Federal Express Corporation which plans to employ persons in the future, and WHEREAS, the Board of County Commissioners deems it desirable to sell said property to TSE Investments, LLC, in order to assist in the creation of new jobs in Weld County, Colorado, and WHEREAS, the Board recognizes that sale of said property to TSE Investments, LLC, will benefit the citizens of Weld County, Colorado, in other ways, including, but not limited to, the transfer of property from a non-taxable to taxable status and the construction of buildings in an area of Weld County which has been recognized as in need of development, and WHEREAS, said construction will provide additional jobs in the construction industry and permanent jobs which will have an economic benefit to the citizens of Weld County, and WHEREAS, in consideration of the sale of the real estate described in the attached Exhibit "A" to TSE Investments, LLC, said corporation will pay the sum of$10.00 and will execute a Note and Deed of Trust in favor of Weld County for a period of ten years with a declining annual balance in order to secure the continued ownership of TSE Investments, LLC, of the property at that location and the continuous occupancy and use of the property for the benefit of Federal Express Corporation, and WHEREAS, the Board of County Commissioners now deems it advisable to authorize and approve the sale of the real estate described in the attached Exhibit "A" to TSE Investments, LLC, for the consideration as described in the agreement for such sale. 961303 ea ; 7l j Gfj rsE PR0013 SALE OF REAL ESTATE -TSE INVESTMENTS, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the sale of the real estate described in the attached Exhibit "A" be, and hereby is, authorized and approved for the consideration as described in the agreement for such sale which has been presented to the Board. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any and all necessary documents to effectuate the sale. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of July, A.D., 1996, nunc pro tunc July 24, 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO gall OLL\ c,7-7,4.A 446,2' ?t ' t arbary , Ch`air J'18s1 ty Clerk to the Board 11 O® ' George E. Baxter, Pr -Te rt eputy Clerk t' the Board Dale K. Hall APP AS TO FO FxcuGFD Constance L. Harbert ounty Attorne C . . e 961303 PR0013 4-1 to AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE THIS AGREEMENT is made this 29th day of July, 1996, by and between the County of Weld, a body corporate and politic in the State of Colorado, by and through the Board of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Seller," and TSE Investments, LLC, whose address is 2900 "F" Street, Greeley, Colorado 80631, hereinafter referred to as "Purchaser." WITNESSETH: That in consideration of the payment by the Purchaser to the Seller of the sum of$10.00 and in consideration of the mutual promises and covenants contained herein, Seller agrees to sell to the Purchaser and Purchaser agrees to purchase from the Seller the real property which is described and shown in the attached Exhibit "A", hereinafter referred to as the "Parcel." The agreement of sale and purchase of the Parcel is subject to the following conditions: 1. Seller shall furnish to Purchaser a Special Warranty Deed for the Parcel. Title insurance, if requested by Purchaser, shall be paid for by Purchaser. 2. Seller and Purchaser agree that the current market value for the Parcel is $176,418.00, based upon a figure of $.75 per square foot for 5.40 acres of real property. Consideration for the sale of the Parcel by Seller to Purchaser shall be $10, unless any one of the following events occurs prior to July 29, 2006, in which instance the Purchaser shall pay to the Seller that balance of the current market value ($176,418.00) declining on an equal basis over ten (10) years, according to the schedule shown in the attached Exhibit "B": a. Sale or other transfer of the Parcel by Purchaser, including an option to purchase exercisable at any time prior to July 29, 2006. b. To and until July 29, 2006, Federal Express or an entity to which it subleases the Parcel fails to continuously operate thereon an office and warehouse transfer station for the benefit of Federal Express. Purchaser agrees to execute a Note and Deed of Trust which shall secure the current market value ($176,418.00) and the declining balances thereof over ten (10) years. The Note shall be subordinate to the Deed of Trust and Promissory Note for the first mortgage on the Parcel with the first mortgagee being Union Colony Bank, Greeley, Colorado, or any transferee of said first mortgage. 3. Title for the Parcel shall be merchantable in Seller. Subject to payment or tender as Page 1 of 3 Pages 2504476 B-1559 P-946 08/05/96 04:01P PG 1 OF 30 RFC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient Special Warranty Deed for the Parcel to Purchaser on a date certain set by mutual agreement between Seller and Purchaser, conveying the Parcel free and clear of all taxes and free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not; free and clear of all liens and encumbrances, except those stated and set forth in paragraph 2,above; and subject to all applicable building and zoning regulations. 4. Purchaser shall be responsible for the payment of all property taxes for the year 1996, and each year thereafter, beginning on the date of delivery of deed. 5. The date of closing shall be the date of delivery of deed as provided in paragraph 3, above. The hour and place of closing shall be designated by mutual agreement between Seller and Purchaser. 6. Time is of the essence hereof. 7. Possession of the Parcel shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies. 8. Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license,judgment, decree, order, instrument, or other verbal or written agreement to which the Seller is a party of or which the property is subject to, except as provided for herein. 9. All of the conditions,promises, and covenants stated herein shall be in full force and effect, notwithstanding the conveyance of the Parcel by Special Warranty Deed as outlined in paragraph 3, above, or the execution of the Note and Deed of Trust as outlined in paragraph 2, above, and shall not merge with the Special Warranty Deed, Note, and Deed of Trust. 10. Purchaser agrees to pay for the cost of obtaining title insurance for the Parcel and any and all taps for utilities extending from the street to the Parcel. Such utilities include, but are not limited to,the following: water, sewer, electricity, gas, and telephone. 11. This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. Page 2 of 3 Pages 2504476 B-1559 P-946 08/05/96 04:01P PG 2 OF 30 12. Seller hereby acknowledges that in conjunction with the development of the Weld County Business Park(including the Parcel)under a Federal Economic Development grant, an environmental assessment of the Business Park was completed. A copy of the environmental assessment is attached hereto as Exhibit "C". Pursuant to said environmental assessment, to and until the date of the signing of this Agreement Seller has not been required to perform any measures to the parcels located in the Weld Business Park with the intention or for the purpose of cleaning up or eliminating any materials deemed hazardous or potentially hazardous to the environment. IN WITNESS WHEREOF, the parties hereto have subscribed their names thisay of July, 1996. SELLER: COUNTY OF WELD, A BODY nom( Z CORPORA IL AND POLITIC OF THE STATE Atttvv�V 4 , LUI&IL%Y OF COLORADO,BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS ``86' t St OF WELD COUNTY, COLORADO VAtt"• � �eputy Clay to the Board By as `` , hairhj Barbara J. Kirkmeyer, ChairOD7,;q/94., PURCHASER: TSE INVESTMENT,� I [.C�� LLC BY: Jc VV C)-um/L Harold G. Evans, Manager and Member SUBSCRIBED AND SWORN to before me this& day of 9 , 19 . WITNESS my hand and official seal: f t } Notary Public My com 's on t: / , -96/ M:\WPFILESit JrI BECKMAN\TSEAGM.BT f T leaF o���: Page 3 of 3 Pages My Comm.Expires Oct 7,1996 2504476 B-1559 P-946 08/05/96 04:01P PG 3 OF 30 2504476 B-1559 P-946 08/05/96 04:01P PG 4 OF 30 REVISED LEGAL DESCRIPTION A part of Tract "D" Weld County Business Park P.U.D., a subdivision within the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31 , Township 6 North, Range 65 West of the 6th Principal Meridian, and considering the East line of the Northeast Quarter (NE 1/4) to bear South 00' 00 00" West, with all bearings contained herein being relative thereto; thence South 00' 00' 00" West along the East line of the Northeast Quarter (NE 1/4), a distance of 850.00 feet to the Centerline of "M" Street; and thence South 90' 00' 00" West along the Centerline of "M" Street, o distance of 80.00 feet; thence along a curve to the left having a radius of 500.00 feet, a central angle of 33' 00' 00" an arc distance of 287.98 feet, the long chord of which bears South 73' 30' 00" West, a distance of 284.02 feet; thence South 57 00' 00" West, a distance of 440.00 feet to the Centerline intersection of 17th Avenue to the North and "H" Street to the South; thence South 33' 00' 00" East, a distance of 117.74 feet along the Centerline of "H" Street; thence South 57' 00' 00" West, o distance of 40.00 feet to the West right—of—way line of "H" Street; thence South 33' 00' 00" East, a distance of 77.34 feet along said right—of—way to the beginning of a curve to the right having a radius of 724.75 feet, a central angle of 09' 44' 40", an arc distance . of 123.26 feet, the long chord of which bears South 28' 07' 42" East, a distance of 123.11 feet to the True Point of Beginning, said point being a set #4 rebar and cap, PLS #29413, hereafter referred to as set corners; thence continuing along said right—of—way and curve to the right having a radius of 724.75 feet, o central angle of 44' 15' 23", on arc distance of 559.81 feet, the long chord of which bears South 01' 07' 42" East, 545.99 feet to a point of tangency and a set corner; thence continuing along said right—of—way South 21' 00' 00" West, a distance of 122.00 feet to a set corner, said corner being the Southeast corner of Tract "D"; thence North 69' 16' 33" West o distance of .414.95 feet along the South line of Tract "D" to the beginning of curve to the right and a set corner; thence along said curve having a radius of 339.49 feet, a central angle of 36' 16 33", an arc distance of 214.94 feet, the long chord of which bears North 51' 08' 22" West, a distance of 211 .37 feet to a point of tangency and a set corner; thence North 57' 00' 00" East 698.32 feet to the True Point of Beginning. Said Parcel of land contains 5.40 acres, more or less, and is subject to any rights—of—way or other easements as granted or reserved by Instruments of record or as now existing on said tract of land. I, John C . Day, o duly Registered Professional Land Survxor in the State of Colorado; do hereby certify that on the `7t —' day of J ty , 1996, that this description shown hereon was made by m6 or under my direction and is accurately described to the best of my knowledge and belief. ti C. EXHIBIT "A" o "( 2 413 oc• o�(o � , "- ; 7 Fes . .. KLH ENGINEERING GROUP s00 ..... GREELEY, COLORADO 9600TaE-EEG Exhibit"B" Year Balance July 29, 1996 to July 29, 1997 $176,418.00 July 29, 1997 to July 29, 1998 $158,776.20 July 29, 1998 to July 29, 1999 $141134.40 July 29, 1999 to July 29, 2000 $123,492.60 July 29, 2000 to July 29, 2001 $105,850.80 July 29, 2001 to July 29, 2002 $88,209.00 July 29, 2002 to July 29, 2003 $70,567.20 July 29, 2003 to July 29, 2004 $52,925.40 July 29, 2004 to July 29, 2005 $35,283.60 July 29, 2005 to July 29, 2006 $17,641.80 M:\W PFILES\DEEDS\TSEEXB.BTB 2504476 B-1559 P-946 08/05/96 04:01P PG 5 OF 30 EXHIBIT "C" ENVIRONMENTAL ASSESSMENT 2504476 B-1559 P-946 08/05/96 04:01P PG 6 OF 30 2504476 B-1559 P-946 08/05/96 04:01P PG 7 OF 30 Part II PROJECT APPROVAL INFORMATION Section A -State, Local and Other Federal Agency Review o A water resource or industrial development project will require detailed information. Negative answers will not require an explanation unless the Federal agency requests more information at a later Item 76(1) - Environmental Impact Statement or Analysis date. Provide supplementary data for all "Yes" answers in the space provided in accordance with the following Compare the Environmental Impact,Statement or Analysis instructions. with the information requested in the instructions for Item 7b(2) below to be sure that every point is covered. Item 1 - Provide the name of the governing body Reference the location of that information in the state- establishing the priority system and the priority rating ment for each item covered. Correct any deficiencies/ assigned to this project. omissions in the information supplied and attach to the document. Item 2 - Provide the name of the agency or board which issued the clearance and attach the documentation of Item 7b(2) - Environmental Narrative status or approval and the date of clearance as EXHIBIT 1I-A-2. Provide responses to the following items in the order- listed and attach as EXHIBIT II_A-71tic2),"Environmental Item 3 - Furnish the name of the approving agency and the Narrative": approval date. • (a) Primary Beneficiaries Item 4 - Show whether the approved comprehensive plan is State, local or regional, or none of these; explain scope Identify any existing businesses or major develop of the plan. Give the location where the approved plan is ments that will benefit from the proposal, and those available for examination and state whether this project which will expand or locate in the area because of is in conformance with the plan- the project. These businesses or major develop- ments should have been identified in EXHIBIT Item 5 - Show the Federal population residing or working IV-A-7a, "Identification of Business Firms and New on the Federal installation and who will benefit from this Jobs", submitted with the preapplication, Form project. ED-101P, and hereafter will he referred to as primary beneficiaries. Item 6 - Show the percentage of the project work that will be conducted on federally-owned or leased land. Give name (b) Area Description of the Federal land (if any) or Federal installation and its location. Describe the size, terrain, and present land uses of the project site (s) as well as the adjacent INSTRUCTIONS FOR ENVIRONMENTAL EXHIBITS land uses. These areas include the site (s) of construction activities, adjacent areas, and areas Item 1 - Briefly describe the possible beneficial and/or affected by the primary beneficiaries. Land uses harmful impact on the environment because of the proposed to be considered include, but are not limited to, project in the exhibits for this item. If an adverse industrial, commercial, residential, agricultural, environmental impact is anticipated, explain what action recreational, woodlands, mines/quarries, and open will be taken to minimize the impact. Federal agencies spaces. Attach the following: are required by law to independently assess the expected environmental impacts associated with proposed Federal i. A U.S. Geological Survey "lb minute" ("/ 1/2 actions. It is extremely important that the information minute" if available) topographic map which provided be in sufficient detail to permit- FDA to perform clearly delineates the area and the location of its evaluation_ the project elements as EXHIBIT II-A /b(2)(bli , This information request is designed to obtain an under ii_ The Federal Emergency Management Agency's flood standing of the area's present environmental condition and • plain map(s) for the project area as EXHIBIT the project's elements that will affect the environment. II-A-7b(2)(b)ii (If a floodplain map is not. Should you believe that an item does not apply to the pro- available, contact the EDR for additional ject, consult with EDA's Economic Development Represents- instructions relating to the requirements tive (EDR) for your area before responding. In all cases imposed by the Floodplain Management Executive when it is believed that an item is not applicable, explain Order.); the reasons for this belief. iii. Site photos as EXHIBIT 11-A-1b(2)(b)iii; and It is important to understand the comprehensive nature of the information requested. Information must be provided iv. If available, an aerial photograph of the sits for ) the site(s) where the project facilities will be as EXHIBIT II-A-7b(2)(b)iv. constructed and the surrounding areas to be affected by its operation and Sb) the areas affected by any primary (c) Shorelines, Beaches and Dunes„_ Estuary, wetlands beneficiaries of the project. The amount of detail should be commensurate with the complexity and size of the Identify any shorelines, beaches, dunes, estuaries project, and the magnitude of the expected impact. Some or wetlands located within or adjacent to the examples are: project site(s). Contact the EDR for instructions relating Lo the requirements imposed by the o A small community center project may not require Floodplain Management and Wetlands Protection detailed information on air emissions, meteor- Executive Orders. °logical conditions and solid waste management. FORM ED—IOTA (Rev. 12-85) -32— 2504476 B-1559 P-946 08/05/96 04:01P PG 8 OF 30 INSTRUCTIONS FOR EXHIBIT II-A-7b(2), "Environmental Narrative" - Continued (d) Wilderness, Wild and Scenic Rivers (g) Solid Waste Management - Continued i. Identify any wilderness, as designated or iii. Indicate if recycling or resource recovery proposed under the Wilderness Act, located on or programs are or will be used. in the vicinity of the project site (s). (h) Transportation ii. Identify any wild or scenic river, as designated or proposed under the Wild and Scenic Rivers Act, i. Briefly describe the available transportation located on or in the vicinity of the project facilities serving the project area. site (5). ii. Describe any new transportation patterns which (e) Air Quality will arise because of the project. i. Provide available air quality data from the iii. Indicate if any land uses, such as residential, monitoring station(s) either within the project hospitals, schools or recreational, will be area or, if none exists, nearest the project area. affected by these new patterns. ii. Indicate the types and quantities of air emissions iv. Indicate if any existing capacities of these to be produced by the project facilities and its transportation facilities will be exceeded. If primary beneficiaries. If odors will occur, so, indicate the increased loads which the indicate who will be affected. project will place upon these facilities, particularly in terms of car and truck traffic. iii. Indicate if topographical or meteorological conditions hinder the dispersal of air emissions. (i) Noise iv. Indicate the measures to be taken to control air i. Indicate the major source of noise associated emissions. with the project facilities and its primary beneficiaries. • (f) Water Quality ii. Indicate the land uses to be affected by thic i. Provide available data on the water quality of noise, surface or underground water in or near the project area. (j) Historic/Archeological Properties ii. Indicate the source, quality, and available supply t. Identify any known historic/archeological of raw water and the amount of water which the resources within the project area that are project is designed to utilize. either listed on the National Register of Historic Places or considered to be of local iii . Describe all of the effluents or discharges asso- and State significance and perhaps eligible for ciated with the project facilities and its primary listing in the National Register. beneficiaries. Indicate the expected composition and quantities of these discharges prior to any ii. Attach as EXHIBIT II-A-]b(2)(j)ii any historic/ treatment processes that they undergo and also archeological survey that has been conducted prior to their release into the environment. for the project area. iv Describe any treatment systems which will be used (k) Wildlife Resources for these effluents and indicate their capacities and their adequacy in terms of the degree and type i. Identify wildlife and wildlife refuges located of treatment provided. Indicate all discharges in the project area or its immediate vicinity which will not be treated. Describe the receiving waters and their uses (e.g. , recreational) for any tt Indicate whether any endangered or threatened source of treated and untreated discharge, species or critical habitats have been identified in the project area or its v It the treatment systems are or will be made- immediate vicinity. quate or overloaded, describe the steps being taken for necessary improvements and their (1) Energy completion dates. i. Describe the energy supplies available to the vi. Describe how surface runoff will be handled if project facilities and the primary not discussed in iii above, beneficiaries. (g) Solid Waste Management ii. Indicate what portion of the remaining capacities of these supplies will be utilized. t. Indicate the types and quantities of solid wastes to he produced by the project facilities and its (m) Construction primary beneficiaries. Describe the methods which will be employed to ii Describe the methods for disposing of these solid reduce adverse impacts from construction, such a.. wastes plus the useful life of such methods, noise, soil erosion and siltation. FORM ED-101A (Rev. 12-85) 33- 2504476 B-1559 P-946 08/05/96 04:01P PG 9 OF 30 INSTRUCTIONS FOR EXHIBIT II-A-7b(2) - Continued (n) Toxic Substances Item 8 - State the number of individuals, families, businesses or farms this project will displace. Federal i. Describe any toxic, hazardous, or radioactive agencies will provide separate instructions if substances which will be utilized or produced by additional data is needed. the project facilities and its primary beneficiaries. If real property has been or will be acquired with intent to use such property in connection with the EDA project ii. Describe the manner in which these substances and/or if one or more interests,in real property, will be stored, used or disposed. including options, rights-of-way or easements, have been acquired subsequent to the effective date of the Uniform (o) Public Reaction Relocation Assistance and Real Property Acquisition Policies Act of 1910 (P-t. 91-646) and the State's i. Describe any objections which have been made to enabling legislation, complete Part I, EXHIBIT 11-h-e the project. "Calculation of Estimated Relocation and Land Acquisi tion Expenses;'pages 11 and 18 of this application. ii. If a public hearing has been held, attach a copy Note: P.L. 91-646 normally applies to units of govern of the transcript as EXHIBIT II-A-7b(2)(o)ii. If ment only (excluding Indian Tribes). However, where a not, certify that a hearing was not held. non-profit corporation is the Applicant and the project facilities will he subsequently transferred to a unit of iii. Indicate any other evidence of the community's government, the Act applies and Item 8, and EXHIBIT awareness of the project, such as newspaper II-A-8 must be completed_ articlesor public notification. If a unit of government other than the Applicant (p) Alternatives to the Proposed Project acquires part of the project's real property on behalf of the Applicant unit of government (or non-profit Provide a description of any of the following types corporation), both parties must furnish the required of alternatives which were considered: documentation- Example- Project facilities include real property acquisition for two miles of road of whIci. i. Alternative locations. the county and the city will each own one mile. ii. Alternative designs. Item 9 - Show the Federal Domestic Assistance Catalog number, the program name, the type of assistance, the iii. Alternative projects having similar benefits. status and amount of each project where there is related previous, pending or anticipated Federal assistance. (q) Mitigation Measures Attach additional sheets, if needed, as EXHIBIT iI-A-S. Describe any measures which will be taken to avoid or Item l0a - A "designated flood hazard area" is an area mitigate any adverse environmental impacts associated identified by the Federal Emergency Management Agency with the project. - (FEMA) as an area having special flood hazards. (See Part V,"ASSURANCES", Number 18, for flood insurance (r) Permits requirements.) i- Identify any permits of an environmental nature Item lOb - If the project is located in a flood plain, which are needed for the project. attach as EXHIBIT II-A-10b a discussion of the project sites that were considered as alternatives in order to ii. Indicate the status of obtaining each such permit avoid adverse effects and incompatible development in and attach as EXHIBIT II-A-1b(2)(r)ii any that the flood plain and the practical measures that were have been received. taken consistent with State and Federal regulations (or floodproof ing and flood protection in the design of the Item 7c - State Historic Preservation Officer facility in order to minimize potential harm to the -- - - facility and the floodplain. Applicants are required to provide the State Historic Preservation Officer (SHPO) with (a) a narrative descrip- Items 11 through 13 - Self explanatory tion of the Project's elements and its location, (b) a map of the area surrounding the project which identifies the Item_14 - "Metropolitan Area" means a standard metropol project site, adjacent streets and other identifiable itan statistical area See Section 204, "Demonstration objects, (c) line drawings or sketches of the project and, Cities and Metropolitan Development Act", P.L. 89 114. jdj photographs of the affected properties if building If no Metropolitan Area comments were submitted with the demolition or renovation is involved. This material application, the applicant shall certify that either. should be submitted to the SHPO prior to the submission of a plan or description of the project meeting the the application to EDA. Additionally, the SHPO must he requirements of Section 204, P.L. 89-/54, or (h) the requested to submit comments on the proposed project to project application, has .lain before the appropriate the appropriate EDA Regional Office. If the SHPO comments - areawide agency or unit of general local government for have been received, they should be attached as EXHIBIT a period of 60 days without comments or recommendations thereon being made by such agencies. The 60 day appli II-A-1c. cant certification should be submitted as EXHIBIT IL-A-14c_ Item 7d - Self explanatory. FORM ED-101A (Rev. 12-85) —34- 2504476 B-1559 P-946 08/05/96 O4:O1P PG 10 OF 30 PART II Section H -,Legal/Engineering Information Items 1 through 4 - Self explanatory b. A feasibility analysis, including a review of existing conditions. Discuss any potential problems Item 5 - Describe the land, rights-of-way and easements which might delay construction such as seasonality required for construction of the project facilities (i.e. , Could the project begin and continue including area presently owned and to be acquired. Attach construction in mid-winter?). Indicate whether this project site description and a title opinion from an seasonality was considered in the preparation of the acceptable title counsel describing the Applicant's legal construction schedule, Listed in Item II-B-10. interest in the project site as EXHIBIT II-B-5. If any property has been or is to be acquired specifically for c. Proposed method of construction (i.e., competitive this project, then Item 1-"Land Acquisition-Estimates" of bid). Indicate it any portion of the construction EXHIBIT II-A-B, "Calculation of Estimated Relocation and work is proposed to be done by the applicant's own Land Acquisition Expenses", pages 17 and 18 of this forces. application must be completed and an amount entered in line item 3, "Land, structures, rights-of-way" of the d. Preliminary design considerations, including how the Budget, page 8 of this application, for costs- proposed project will be integrated into any incidental-to-land-acquisition in addition to the existing facilities. estimated purchase price of the property. If the applicant does not intend to retain the title to the project facil- e. Estimate of the useful life of the facility. ity, or to operate and maintain it upon completion of construction, explain the reasons therefor and identify I A current construction cost estimate showing transferee and/or operator. Attach as EXHIBIT II-B-Sa. quantities, unit prices and total costs. If project consists of more than one component (i.e., road Items 6 and 7- Self explanatory improvements on B Street, construction of building C and widening of highway D), submit cost estimates Item 8 - The plot plan must show the location of all for each component in addition to a total cost existing project facilities and all existing utilities estimate serving the project site. g Permit status Identify major construction permits Item 9 " Self explanatory required for this project and if any are pending, provide status of request. If the project involves Item 10 -The target dates should reflect the estimated sanitary sewer, storm sewer, sewage treatment or cumulative days required from the estimated date of grant waste disposal facilities, the preliminary approval approval through each milestone. The schedule should be or certification by the appropriate state agency made in concert with the A/E and include sufficient time responsible for water pollution control is required for the targets described as follows' and should he attached as EXHIBIT Il-B-13gC1). If the project involves other construction permits, o Bid Advertisement - Sett explanatory. such as dredging/channelization activity may require o Contract Award - Self explanatory. a Section 404 permit from the Corps of Engineers or o Construction Completion - Cumulative days from grant a railroad right of-way permit from a Railroad approval to when the owner accepts the project as Company, attach a report on their status as EXHIBIT being completed in accordance with II-B 131(2) plans/specifications as certified or recommended by the A/E. Item 14 Federal grant funds requested in excess of 50% o Occupancy - Self explanatory- of total estimated project cost (exclusive of Appalachian Regional Commission participation, or Note: If a schedule reflecting all of the items above is Economic Development District "bonus") must he reduced av ailable in another form, you may attach it as EXHIBIT by the amount that lair user charges or other revenues II_8-10 of the project exceed the amount required for maintenance and operation of the facility, some Item 11 - Not Applicable. depreciation reserve, and debt service. If this request • exceeds 50% as described above, complete and attach Item_12 - Attach an A/E agreement for this project or EXHIBIT lI-B-14, "Fair User Charge Information", pages provide an explanation if an A/E agreement is not 19 and 20 of this application. available as EXHIBIT II-B-12. For the purpose of this Exhibit,-fair user charges" are Item 13 - The Architect/Engineer report attached as defined as reveiue received from the purchasers, lessees EXHIBIT II-B-13 should include such items as follows or users of the facility's services. "Other revenues" are income derived from the sale, lease, or use of such a Statement of project components. Indicate if it will facilities, etc. For facilities which normally do not be a new facility, enlargement, expansion or replace- generate revenues (i.e. tire and police stations, ment of an existing facility. Describe project compo- municipal buildings, community buildings, etc.), • nents and attach sketches showing general layout and applicants need only answer Item 5 of EXHIBIT II-B-14 location of components. and enter "NA" in the other items of the exhibit. • FORM ED-101A (Rev. 12-85) 35- 2504476 B-1559 P-946 08/05/96 04:01P PG 11 OF 30 EXHIBIT II-A-7b(2) • ENVIRONMENTAL NARRATIVE (a) Primary Beneficiaries Star Pak, Inc. (b) Area Description Site is located in the southwest corner of "0" Street and North 11th - Avenue, Greeley, Colorado (legal description NVt of Section 31 , Township 6 North, Range 65 West of the 6th P.M.) . The 70 acre site is located on a 160 acre site purchased by Weld County. The entire site is currently zoned agricultural in the unincorporated area of Weld County. The site will be rezoned a POD and annexed into the City of Greeley. The site is entirely surrounded by agriculturally zoned property. The property immediately to the south has a Use by Special Review designation for a gravel mining operation owned by Weld County. Intended use as a PUP is fully compatible with the comprehensive plans of both Weld County and the City of Greeley. (b; See Er:hibit II—A-7b(2) (b)i U. S . Geological Survey Nap (b) ii See Exhibit 1I-A-7b(2) (b) li FEMA Floodpiain Map (b)ilt See Exhibit II-A-7b(2) (b)iii Sit a Photos (b) iv See Exhibit 11-A-7b(2) (b) iv Aerial Photograph ci Site (c) Shorelines. Beaches, and Dunes . Estuary, Wetlands No shorelines , beaches , dunes , estuaries or wetlands are located within or adjacent to the project site: (d) Wilderness , Wild and Scenic Rivers • (d)i Not applicable (d) ii Not applicable (el Air Ouality (e)i Air Quality -- See attached Exhibit II-A-7h(2) (e) (c) ii No air emissions will result from assembly plant. 2504476 B-1559 P-946 08/05/96 04:01P PG 12 OF 30 (e)iii Not applicable (e)iv Not applicable (f) Water Quality (f)i Weld County Health Department indicates that water quality of underground water in or near project area is good. Project will use City of Greeley water. Surface run off will go into ponds associated with gravel operation to the south of site as part of site drainage plan. See Exhibit II—A-7b(2) (f) (f)ii Site will use City of Greeley water. Source, quality, and available supply is good. See letter from City of Greeley attached. Part of this project into extend City water service to the site. (f)iii Effluents or discharge will primarily be domestic type discharge, nothing significant from assembly operation. ' All discharge can go into City of Greeley sewer system for treatment. Part of project is to extend sewer service to the site. (i)iv City of Greeley sewer system will treat as discharge. See attached letter from State Health Department regarding treatment capacity of the City of Greeley. (f)v Not applicable (f)vi Surface runoff will go into gravel. reclamation ponds to the south of site per site drainage plan. (€) Solid Waste (5)1 Solid waste will be primarily normal commercial trash (paper, ctc . ) with ❑one requiring special handling or considered hazardous materials. (g) II Solid waste will be disposed of by commercial trash hauler to Greeley—Milliken landfill. Landfill is estimate to have 25 plus years useful life per Weld County Planning Department. (g)iii No recycling or resource recovery program will be used due to low volume and the fact the process is not economically feasible. (h) Transportation (h) i Site is located just off of U.S. Highway 85 served by two arterial streets , "0" Street and North 11th Avenue. City of Greeley will provide bus service to site when developed. (h) ii Site will increase traffic flow to area, therefore, part of this project is to improve the arterial street access and collector streets to the site and within the site. 2504476 B-1559 P-946 08/05/96 04:01P PG 13 OF 30 (h)iii None impacted. (h)iv Capacity of North 11th will be impacted. Increased loads will he accommodated by the proposed road improvements in this grant request. (i) Noise (i)i None (i)ii None (j) Historical/Archeological Properties (j)i None (j)ii Project has been reviewed by the Compliance Coordinator of the Colorado Historical Society. No problems identified. (k) Wildlife (k)i None • (k) ii None (].) (i)1 Gas and elec:.rrcal supplies are available to the site through Public Service and Greeley Gas Company. (1)i.f born suppliers indicate they have sufficient service capeclty for this sire and additional commercial uevelonment In the area to the north. Utilities have been acccmm:odacad eh cart of Creeiey ' s Comprehensive Plan. (m) Construction Since the area is agricultural no adjacent property owners will experience noise. Soil erosion and siltation will be accommodated by approved drainage plan prior to rezoning of property. (n) Toxic Substances (n) i None (n)ii Not applicable (o) Public Reaction (o)i None (o)ii None have been held to date. (o)iii None available (p) Alternative to Proposed Project (p)i Sites west of Greeley were considered, but were not economically feasible and were not close to high unemployment areas of the community. (p) ii None (p)iii None (q) Mitigation Measures It is believed that no adverse impacts to the environment are associated with this project. Therefore, no mitigating measures are required. (r) Permits (r)i Nona required. (r)1i Not applicable. 2504476 8-1559 P-946 08/05/96 04:01P PG 14 OF 30 SITE PHOTOS EXHIBIT II-A-7b(2) (b)iii 2504476 B-1559 P-946 08/05/96 04:01P PG 15 OF 30 ! rI `i } J�415-.. r:tx n (re: .ht 0 CD 00 g S 1 o Z" 7 -:0 qu)4.�' OS',F.0 a y 7 N PL pdpa a i..1 rf C1 ' O a040W } M o�=zv, w aN ZMO �Z4 O arrve, { Pe al 0 0 '.."91'''' 01 n 0 r \ , _ o 3 , ° al N ` ty I t l,Y` In / C 2 In t e. N C H. LLJ D /� L_, O O (I) CC oa t _ O H Q W in 0 O (n r Z Cf) O WW p ,p, It' �44,�J i5i y N!An ^^$�� ;y,j 1. �' &' `xa .; . -t for u .t�y�i , 'A t 034 f f� E^I�4 yf .x. 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I _e 44 aid I '-',144:1- .� •• 'k' .ky - E( 1 nl }s � K'firt� / l v .per d` I� •Iw.rf'M.'r. � i, N 1�. :7.'L-:;$7,-.4,;":1,:::::i'-i..,: ' r Y P ) t ' a .&t ,i t I r �"'P`P - t.. �[ 3 f x z ems. p „<pa I ,x: �•, .. it'll;t s " c $ ' :` any / -:,4y /;g_ n i : 1 4 are r' f 3 zl f t _-.tom•` ' r `. { '''A � y CCC s. i+t -f- f . t4'- .' I i3- t 1/2,--Jr .' �"T�' l i",,.1/2:241.1%-v-, y.i ..'517r1/2 4.� / ' �_ .Iat ^r Ri/�Y 'r r-f �sl``11 I Sk c - — F 3 9t y . P , -am a Yt •�1`� l P :. ; ; - -'� V{� � Lei 1 • K z -^s ..s..3a i'• i S/y* "-ta y yeh LZ �.y.^s. „;„1/2.,_;„1/2,t075--5. . .4c.-..,/�/Y r ,. gilt!, Pt. r r y''t . a\i;4 \r erg t r£ — \ 1/2 ii T�. 'ICY E YY:�." f r ,s<<y ^ Y �-���.. r ..--,-..:-/:1/2:.:1/2-,:v. y z. ✓ ? .:, t . P 1 L r.0 3 z .� _ " �i -• THIS DOCUMENT WAS FOUND TO SE INADEQUATE FOR SCANNING OR MICROFILMING PURPOSES, 2504476 B-1559 P-946 08/05/96 04:01P PG 20 OF 30 m E fl D u EXHIBIT II—A-7U(2) (e) c I� a�7 • Don Warden, Finance Director . November 3, 1987 To — ------- --- oa« ------ COLORADO From __ Wes Potter, Director Health Protection Services• _I Air Quality at "0" Street and llth Avenue Subject: The area enjoys a good ambient air quality throughout most of the year. A monitoring station in Greeley continuously records air quality. Composite summaries of that data are attached. The area has experienced Some elevated concentrations of carbon monoxide during the winter months. There were two (2) days in 1985 and four (4) days in 1986 where the eight (8) hour standard of 9 ppm was violated. Ozone and total suspended solids have not been recorded at excessive levels. The State Implementation Plan has been codified recently to include automobile emissions testing, a wood burning ordinance and restrictions on open burning as methods to improve local air quality. `.:hen compared to other front range communities, Greeley Ism .; good air quaiity environment. P/b1< 2504476 B-1559 P-946 08/05/96 04:01P PG 21 OF 30 2504476 B-1559 P-946 08/05/96 04:01P PG 22 OF 30 I Figure 2-3 i A i X c i f 0) z I k 0 O � ° u7 1 QoO >, rn W Lt_ ec > > LH 0 " z w > # U z OW r _t z a, ;,] H � L, 1 Cr I IY 0 III .- 1 III z I\I Is U `' LI 1Y IB. - n Li i IIl n li ohi I( - V) o i w I Kt 1 I I I 1-----n I 1-- f i—ii I i I O co up d- N O in co N O c0 up Nt NO ❑ A VD N N N N N Wdd NI NOIlV?d1NADNOD 2504476 B-1559 P-946 08/05/96 04:01P PG 23 OF 30 Figure 2-1 CARBON MONOXIDE HISTORICAL COMPARISONS 8-HOUR CONCENTRATIONS P --- HOUR SFCOND MAXIMUM LARIMER-WELD - AOCR #2 40 j 35 - 30 a. a_ 25 - z o • 20 - 6 15 -- Z - i o Standard 9 ppm 5 - I 75 76 77 78 79 80 81 82 83 84- 85 Sf) • YEARS FT. COLLINS 0 GREELCX 8 - HOUR VIOLATION DAYS LARhAIER--WELD — AOCR #2 26 — ---. —• • 24 — - 22 — 20 — cn 6 • 14 O 12 — ce DO 1 O 8 6 — 4 — 2 — O 75 76 77 78 79 80 81 82 83 84 85 86 87 YEARS + FT'. COLLINS 0 GREELEY 2504476 B-1559 P-946 08/05/96 04:01P PG 24 OF 30 Figure 6-1 (continued) • 5 TOTAL SUSPENDED PARTICULATES HISTORICAL COMPARISONS k ANNUAL GEOMETRIC MEAN GREELEf — AOCR #2tik 150 140 - 130 - 120 1 1 O V 100 - Z 90 - Standard �0 - 75 ug/m3 t. W60 T o-i: __„_.0..—___p U 4 0 - ti 30 - 20 m. i 10 - ' 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 r' YEARS o 1516 HOSPITAL ROAD F ANNUAL GEOMETRIC MEAN WELD — AOCR #2 — —• -- -- 150 ------ --- — t 140 — 130 z 120 i '1 110 2 100 Z 90 --'s\A______ Standard 680 -- — Ug/m z 60 rA W C.) 50 7.. O 40 c., 30 • { 20 -• 10 0 87 73 /4 75 76 77 78 79 80 81 82 83 84 85 86 YEARS o PLATTEVILLE 7 V 2504476 8-1559 P-946 08/05/96 04:01P PG 25 OF 30 Figure 3-2 OZONE HISTORICAL COMPARISONS SE- COND MAXIMUM LARIMER-WELD - AQCR #2 0.26 0.24 0.22 0.2 d 0.18 Z 0.16 - 0.14 - 0.12 - Standard 0. 12 ppm O O.OII 0.06 0.04 0.02 0 I I - 1 1 T I 1 1 75 76 77 78 79 80 81 82 83 81 85 86 87 YEARS + F7. COLLINS o GREELEY ESTIMATED YEARLY VIOLATION DAYS 15 _ - LARIMER—WELD — AOCR #2 14 13 -- 12 1 1 10 In 9 0 II O 7 K rwn 6 5 z 4 3 - 2 1 — 1 75 76 77 78 79 80 81 82 83 84 85 86 87 YEARS + FT. COLLINS 0 GREELEY I2504476 8-1559 P-946 08/05/96 04:01P PG 26 OF 30 Table 1 -4 1986 VIOLATIONS SUMMARY Monitoring Sites At Which Violations of j Primary NAAQS Were Recorded During 1986 3 SITE LOCATION CO 03 TSP 1 2-C Fort Collins, 1820 S. Mason x x ;II 2-H Greeley, 811 15th St. x 3-A Adams City, 4301 E. 72nd Ave. x 3-X Arvada, W. 57th & Garrison x 3-Z Boulder, 2320 Marine St. x 3-I Denver, 414 14th St. x 3-Il Denver, 414 14th St.* x 3-J Denver (CAMP) , 21st & Broadway x x 3-M Denver (Carriage) , 23rd & Julian x 3-0 Denver (NJH East) , 14th & Albion x 3-N Longmont, 3rd & Kimbark St. x 3-W Welby, 78th & Steele x x J 4-B Colorado Springs, I-25 & Uintah x 6-B Lamar, Power Plant x 6-C Lamar, 104 E. Parmenter x I9-D Pagosa Springs, High School x ! 10-B Delta, 5th & Palmer x 3 10-F Telluride, Pekkarine Bldg. x 12-A Aspen, Courthouse x 12-B Steamboat Springs, 929 Lincoln x 13-C Canon City, Macon & 7th Street x it * Collocated sampler for quality assurance use. i 1 i 1 s f .p EXHIBIT II-A-7b(2) (f) MEMORAnDUM Wire Don Warden, Finance Director November 3, 1987 To Date COLORADO From Wes Potter, Director Health Protection Services -J, , Ground Water Quality at "0" Street & 11th Avenue Subject: The site is located on the north side of the Cache La Poudre River, where pleistocene alluvial gravels overlay a surface expression of the Larimie Formation of Late Cretaceous Age. The groundwater table in the area is closely related to the adjacent river, which is a very high quality stream. Water quality in the groundwater table is quite good. The total dissolved solids level is approximately 800 ppm with relatively low nitrate levels of 2-4 ppm and a total hardness of Ca C0_ of 41i0 ppm. There is no indication of excessive metals, or the presence of hydro-carbons or any other contaminates. The groundwater table along the river is occasionally used es a source of irrigation water, with few demeans wells within two (2) miles. Howe' er, the major impact of the alluvial aquifer, in the area of interest, is gravel mining. The resulting ponds are used as recreational fishing sites, and the :,verall impact on the aquifer from any activities in the local area is very minimal. The groundwater table urder the site is generally of high ccal_ity with little impact by use in the local area. 2504476 B-1559 P-946 08/05/96 04:01P PG 27 OF 30 EXHIBIT II-A-7b(2) (f) ii ,trr RECF_IVEO ,. r Sr City a GREELEY CIVIC CENTER. GREELEY. COLORADO 80631 (303)353-6123 Greeley November 6, 1987 • Richard D. Lamb, P .E . Norton, Underwood and Lamb, Inc. 1020 28th Avenue, Suite 205 Greeley, Colorado 80631 RE: WELD COUNTY SITE DEVELOPMENT, NE 1/4 S31 , T6N, R65W, 6 P.M., WELD COUNTY Dear Dick: In response to your letter of November 5, 1987, questioning the ability of the City of Greeley Water and Sewer Department to supply supporting services to the referenced development site, I would like to state that the City of Greeley is in the process of completing plans for the expansion of the water treatment facilities at Boyd Lake which will increase our capacity to produce treated water by ten million to 14 million gallons per day . This would support an additional population equivalent of 13, 333 to m 18, 666 based on a City of Greeley peak day demand. O O The wastewater treatment plant is operating at approximately 58 percenb co to 60 percent of design capacity, and has a remaining csacit7 to support �ry approximately a 37, 000 population equivalent. Po Based on the above information, you can see that it would be relatively easy for the City of Greeley to provide support services to the develop- ment site in question . I would like to point out that the City of io Greeley would require the property in question to be annexed to the city in order for us to provide the water service required, or the County o would have to request from the City Council an exception to existing policy. • io If I can he of any further service to you in this matter, please do not rnhesitate to call me. rn Sincerely, • Ma k H. Rybus Director of Water and Sewer N Water and Sewer Department • RECEIVED EXHIBIT II—A-7b(2) (f)iv OCT 2 2 1987 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTHKcJi cg64: , 4210 East 11th Avenue )oA Denver. Colotado 80220 Phone (303) 320-8333 0 tiV)-) October 20, 1987 Foy Romer Cowernor l nomas bt Vernon A[ Executive t)ue am Mr. Tom Norton % Norton, Underwood and Lamb 1020 28th Avenue Greeley, CO 80631 RE: City of Greeey WWTP Design Capacity CDPS NO: CO-0040258 Dear Mr. Norton: en O In response to your request we have evaluated the capacity available at the City of Greeley' s wastewater treatment facility. The facility' s current discharge permit defines its hydraulic and organic capacities as Q' 12 MGD and 29,040 lbs. BOD5/day, respectively. During 1987 the largest hydraulic and organic loadings have been 8. 2 MGD (August) and 18,330 lbs. RODS/day (April) . Therefore, an additional 3.8 MCD and 10, 710 lbs. RODS/day is available at the facility to serve growth. Using 100 gal ./P.E. /day and 0.2 lbs/GODS/P.E./day (conservative design figures) O the available hydraulic capacity would be reached with the addition of 38,000 P.E. C, Lc) Additionally, state law requires planning for facility expansion when 80% of capacity is reached and construction of the expansion must begin when o 95% of capacity is reached. In the city' s case , an additional 12,000 eO V.F.. could be served before reaching 80% (9 .6 MGD) of the design hydraulic capacity, also, an additional 32, 000 P.E. could he served before reaching 95% (11.4 MGD) of the design hydraulic capacity. rn Hopefully this information will satisfy your needs. If you have any questions please contact me at 331-4591. • Ve y truly yours, n . / e.1 • AaaVii• David A. Akers Senior Public Health Engineer Permits and Enforcement Section WATER QUALITY CONTROL DIVISION xc: Mark Rybus, City of Greeley Victor Sainz, D.E. , Field Support Section, WOCD DAA/dc s:• al EXHIBIT II-A-7c COIDEADO HISTORICAL SOCIETY Colorado State Museum 1300 Broadway Denver. Colorado 80203 October 29, 1987 Donald D . Warden, Director Finance and Administration Department Weld County P.O . Box 758 Greeley, CO 80632 Dear Mr. Warden: This is to acknowledge receipt of voun- October 15 1987_,snure'cnn_,d4flI r-_ and additional information received October 16, 1987, from John 2Y-: -r 7 ?_ the F,co no mic Deve Mae -1(illiili`✓_i-r131_1 on coflcmn 'li !l2' lifl— ?, ') 1 industrial Park ore-p,rant apnl ] (:rtlion . DATE DECEIVED: Octohor19 1y> ; • A. search of the Colorado inventors of Cultural Resources indicated thaf Jheir ._-.. no knot:m cultural resources withic the pro ect area. Based on the it;for7lalos: you supplied , we believe ( X) the nature of the proposed project or ( 1 the preset nature of he nr000sed project pfoject of ea is sued that po ( further) i:- a cultural resources dill occur. Therefore, you mar proceed with the undeffajfac as ronosed. However , if previously unidentified archaeological resources are discovered in -_-. course of the project , work must be interrupted until the resources are .iroper'-- evaluated in terms of the National Register of Historic Places el igibilitv crit ,-ria (36 CFR 60. &) in consultation with this office. Thank You for the opportunity to comment. If we may be of further assistance, : edu ' contact our Compliance Division. at 866-3392 or 866-3395, Sincerely , I Leslie E. Wildesen Deputy State Historic Preservation Officer 2504476 B-1559 P-946 08/05/96 04:01P PG 30 OF 30 Uri SPECIAL WARRANTY DEED THIS DEED, Made this 2O1day of July, 1996, between the County of Weld, a body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, grantor(s), and whose legal address is 915 10th Street, Greeley, Colorado 80631, whose address is TSE Investments, LLC, whose address is 2900 "F" Street, grantee(s): WEINESSETH. That the grantor(s), for and in consideration of the sum of ten DOLLARS ($10.00),the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), its heirs and assigns forever, all the real property, together with improvements, in any, statute, lying and being-m-the County of Weld, State of Colorado, to wit: The real property described and shown in the attached Exhibit "A." also known by street and number as 1255 "H" Street, Greeley, Colorado 80631. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s) either in law or equity, of, in and to the above bargained premises with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), its heirs and assigns forever. The grantor(s) for itself, its heirs and personal representatives or successors, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee(s), its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF,the grantor(s)has executed this deed on the date set forth above. COUNTY OF WELD, a body corporate and E LZ politic of the STATE OF COLORADO, by and through the BOARD OF COUNTY tct (1/42 COMMISSIONERS OF THE COUNTY OF � U �T � WELD A�I / ' � 7_� /Ci1J I . .L. . v—_,-)I;/) / y i';C2ft / Barbara J. Kirkmeyer, Chair 107/ 9,% STATE OF COLORADO County of Weld ) ss. The forgoing instrument was acknowledged before me this ,----,?/day of July, 1996, by Barbara J. Kirkmeyer, Chair, Board of County Commissioners of-the County of Weld, a body corporate and politic of the State of Colorado. Witness my hand ficial seal. `, AiY CC `\l EXPIRES My commission expires: 11wtdll,k l 10, 19;9 Name and Address of Person Creating Newly ^. � Created Legal Description(§38-35-106.5,C.R.S.) KLH Engineering 822 7th Street Greeley,Colorado 80631 M:\W PFILES\DEEDS\TSES W D.W t 2504477 B-1559 P-947 08/05/96 04:02P PG 1 OF 2 REC D0C Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 2504477 B-1559 P-947 08/05/96 04:02P PG 2 OF 2 REVISED LEGAL DESCRIPTION A port of Tract "D" Weld County Business Park P.U.D., a subdivision within the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31 , Township 6 North, Range 65 West of the 6th Principal Meridian, and considering the Eost line of the Northeast Quarter (NE 1/4) to bear South 00' 00' 00" West, with all bearings contained herein being relative thereto; thence South 00' 00' 00" West along the East line of the Northeast Quarter (NE 1/4), a distance of 850.00 feet to the Centerline of "M" Street; and thence South 90' 00' 00" West along the Centerline of "M" Street, o distance of 80.00 feet; thence along a curve to the left having a radius of 500.00 feet, a central angle of 33' 00' 00" an arc distance of 287.98 feet, the long chord of which bears South 73' 30' 00" West, a distance of 284.02 feet; thence South 57' 00' 00" West, a distance of 440.00 feet to the Centerline intersection of 17th Avenue to the North and "H" Street to the South; thence South 33' 00' 00" East, a distance of 117.74 feet along the Centerline of "H" Street; thence South 5T 00' 00" West, a distance of 40.00 feet to the West right—of—way line of "H" Street; thence South 35 00' 00" East, a distance of 77.34 feet along said right—of—way to the beginning of a curve to the right having a radius of 724.75 feet, a central angle of 09' 44' 40", on arc distance of 123.26 feet, the long chord of which bears South 28' 07' 42" East, a distance of 123.11 feet to the True Point of Beginning, said point being a set #4 rebar and cap, PLS #29413, hereafter referred to as set corners; thence continuing along said right—of—way and curve to the right having a radius of 724.75 feet, a central angle of 44' 15' 23", an arc distance of 559.81 feet, the long chord of which bears South 01' 07' 42" Eost, 545.99 feet to a point of tangency and a set corner; thence continuing along said right—of—way South 21' 00' 00" West, o distance of 122.00 feet to a set corner, said corner being the Southeast corner of Tract "D"; thence North 69' 16' 33" West a distance of .414.95 feet along the South line of Tract "D" to the beginning of curve to the right and a set corner; thence along said curve having a radius of 339.49 feet, a central angle of 36' 16 33", an arc distance of 214.94 feet, the long chord of which bears North 51' 08' 22" West, a distance of 211 .37 feet to a point of tangency and o set corner; thence North 57' 00' 00" East 698.32 feet to the True Point of Beginning. Said Parcel of land contains 5.40 acres, more or less, and is subject to any rights—of—way or other easements as granted or reserved by Instruments of record or as now existing on said tract of land. I, John C . Day, a duly Registered Professional Land Survor in the State of Colorado; do hereby certify that on the q — day of Juty , 1996, that this description shown hereon was made by mA or under my direction and is accurately described to the best of my knowledge and belief. C' EXHIBIT "A" "a ' 2:,•413 1 O1-°10 ' d GKLH REELEY ENGINEERING EERING COLORADO �°'vAt tr�'�k / vc""Tcrt-LEG -eouu0S)dlaoau Lu mau Bailin Jo;noA 1puayl P 387 472 103 a RECEIPT FOR CERTIFIED MAIL m v 2 . E 0 m car NO NNOT FOR INTERNATIONAL NTERNAi ONACE COVERAGE L MAIL EN £ ca m 0 },V,— V z CC (See Reverse) a w'mm m b r+-O ❑ '- fe Sent to oLo ,E en lim « N ,m IS C C fa cCC Cn co TSE Investments, Inc. H m ¢ g4.4 o _ 2900 F Street ;i s ❑ 5 2 wi m d u Greeley, CO 80631 m 3 u - N P sm� m _ s Q a E ATTN: Harold Evansth = 8 m cc o m me a •2mmxdm Ea _ jet Q fn Q w ¢ a m o 'b% •m F v D O D O ao i3 m a� Restricted Delivery Fee t l's). t`a Return Receipt showing € 2 1:;,6 to whom and Date Delivered a 2 S I Iin s pm, Return Receipt showing to whom. S c m Date,and Address of Delivery o `o . e m j TOTAL Postage and Fees S m E$' J C .� -, M m .a 2E co it o Postmark or Date o. "' co W Oi en }� $ N a m E 15 a w `o b E N O `2 K 2\ 1 11 13-9 a`8 2 �" ; co a I t p pmt{m CO �Qa cE c u. cp R l' `� �mggSqq s m w $ aa, FF x --i... ,- ,D � EE € ¢f m F co ed,.z w E . F- tv (.� Q pV co 0Win Q, map ≥ Y � K� OFa€a>pp91 m¢m licv c N rs:ifi• i34 M I� '- x to a Lapps esJaneJ am uo pataldwoa SS3uaav Nun13u inoA s1 I . 2504478 B-1559 P-948 08/05/96 04:06P PG 1 OF 3 REC DOC L-171 g Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 PROMISSORY NOTE WITH PROVISION FOR FORGIVENESS $ 176,418.00 Greeley, Colorado July, 1996 The undersigned,TSE Investments,LLC,hereinafter referred to as "Maker",hereby promises to pay to the order of the County of Weld, State of Colorado, by and through the Board of County Commissioners of County of Weld, the sum of$176,418.00,to be repaid without interest in ten(10) equal annual installments,due and payable commencing one year from the making of this Note, and continuing each year thereafter until full and final payment is made. Each annual payment will be excused if,and only if,on the anniversary date,the Maker is the legal and equitable owner of the real estate described and shown in the attached Exhibit"A" (hereinafter referred to as "the real estate") for the purpose of leasing the real estate to the Federal Express Corporation("Federal Express") for its use as an office and warehouse transfer station, and the Maker has been continuously the owner and Federal Express the occupant and user throughout the proceeding 365 days. The principal balance shall be reduced by the amount of any excused payment. Notwithstanding the forgoing provision, if the Maker ceases to own the real estate, or if the real estate is not occupied and used by Federal Express,or an entity to which it subleases the real estate,as an office and warehouse transfer station to benefit Federal Express, or if the real estate is the subject of a "prohibited" transfer, as defined herein, at any time before July_, 2006, the entire balance of this Note shall become due and payable immediately. _ For purposes of this Note, a"prohibited" transfer includes the sale or other transaction involving the conveyance of the legal or equitable title or interest to the real estate, effective immediately or effective at a future date, and includes an option to purchase exercisable at any time before July 2006. A "prohibited" transfer does not include: 1. The creation of a lien or incumbrance subordinate to the Deed of Trust securing this Note; 2. The transfer of title by devise or descent, or by operation of law upon the death of a joint tenant; or 3. A sale or other transfer to which the Board of County Commissioners of the County of Weld consents to in writing. Notwithstanding any other provision of this paragraph, said Board of County Commissioners shall have no right to declare a default if the County of Weld, State of Colorado and the transferee mutually agree in writing to the assumption of the indebtedness by the transferee. This Note shall be subordinate to the Deed of Trust and Promissory Note for the first mortgage on the real estate described with the first mortgagee being Union Colony Bank, Greeley, Colorado, or any transferee of said first mortgage. Page 1 of 2 Pages 2504478 B-1559 P-948 08/05/96 04:06P PG 2 OF 3 The Maker hereby acknowledges that the County of Weld, State of Colorado, by and through the Board of County Commissioners of County of Weld has transferred to it the real estate with current market value as of the date of the signing of this Note in the amount shown above, for the purpose of the development of a business located on said real estate, and that one of the conditions for forgiveness of this Note is that the Maker continues to own the real estate and Federal Express, or an entity to which it subleases the real estate,continues to occupy and use the real estate as an office and warehouse transfer station for the benefit of Federal Express,for at least ten(10)years from the date of the Note. The undersigned further acknowledges that one of the purposes of this Note and the Deed of Trust given to secure it is to assure compliance with such conditions. The undersigned further acknowledges that the transfer of the hereinafter described real estate to it constitutes sufficient and adequate consideration for this Note. The indebtedness evidenced by this Note is secured by a Deed of Trust, dated July 1996 and, until released, said Deed of Trust contains additional rights of the note holder. The real estate subject to this Note and the Deed of Trust securing it is identified as follows: The real property described and shown in the attached Exhibit"A". TSE � By: u— E/ ; E 4 f Harold G. Evans, Manager and Member SUBSCRIBED AND SWORN to before me this �3ay of ?dam , 194L. WITNESS my hand and official seal: -�pRY pije _' otary Public�O .•..._-. . �es My co 'ssi /a - -96 • BECKMAN 1 f M:\WPFILES\D • *:rCEt1C]IB'r®QP% '\ OF C0\•_= My Comm.Expires Oct.7,1996 Page 2 of 2 Pages 2504478 B-1559 P-948 08/05/96 04:06P PG 3 OF 3 REVISED LEGAL DESCRIPTION A port of Tract "V Weld County Business Park P.U.D., a subdivision within the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31 , Township 6 North, Range 65 West of the 6th Principal Meridian, and considering the East line of the Northeast Quarter (NE 1/4) to bear South 00' 00' 00" West, with all bearings contained herein being relative thereto; thence South 00' 00' 00" West along the East line of the Northeast Quarter (NE 1/4), a distance of 850.00 feet to the Centerline of "M" Street; and thence South 90' 00' 00" West along the Centerline of "M" Street, a distance of 80.00 feet; thence along a curve to the left having a radius of 500.00 feet, a central angle of 33' 00' 00" an arc distance of 287.98 feet, the long chord of which bears South 73' 30' 00" West, a distance of 284.02 feet; thence South 57 00' 00" West, a distance of 440.00 feet to the Centerline intersection of 17th Avenue to the North and "H" Street to the South; thence South 33' 00' 00" East, a distance of 117.74 feet along the Centerline of "H" Street; thence South 57' 00' 00" West, a distance of 40.00 feet to the West right—of—way line of "H" Street; thence South 33' 00' 00" East, a distance of 77.34 feet along said right—of—way to the beginning of a curve to the right having a radius of 724.75 feet, a central angle of OW 44' 40", an arc distance of 123.26 feet, the long chord of which bears South 28' 07' 42" East, a distance of 123.11 feet to the True Point of Beginning, said point being a set #4 rebar and cap, PLS #29413, hereafter referred to as set corners; thence continuing along said right—of—way and curve to the right having a radius of 724.75 feet, a central angle of 44' 15' 23", an arc distance of 559.81 feet, the long chord of which bears South 01' 07' 42" East, 545.99 feet to a point of tangency and a set corner; thence continuing along said right—of—way South 21' 00' 00" West, a distance of 122.00 feet to 0 set corner, said corner being the Southeast corner of Tract "D"; thence North 69' 16' 33" West a distance of .414.95 feet along the South line of Tract "D" to the beginning of curve to the right and a set corner; thence along said curve having a radius of 339.49 feet, a central angle of 36' 16 33", an arc distance of 214.94 feet, the long chord of which bears North 51' 08' 22" West, a distance of 211 .37 feet to a point of tangency and o set corner; thence North 57' 00' 00" East 698.32 feet to the True Point of Beginning. Said Parcel of land contains 5.40 acres, more or less, and is subject to any rights—of—way or other easements os granted or reserved by Instruments of record or as now existing on said tract of land. I, John C . Doy, a duly Registered Professional Land Surveyor in the State of Colorado; do hereby certify that on the �t — day of -) v ty , 1996, that this description shown hereon was made by mA or under my direction and is accurately described to the best of my knowledge and belief. • u� ............. EXHIBIT "A" 4 Ci1C 221,13 7i 0\_01(0 : : { :'A / KLH ENGINEERING GROUP O'VAtLr"1 GREELEY, COLORADO 96007V-LEG U"lq DEED OF TRUST THIS DEED OF TRUST,dated July a`CJ , 1996,between TSE Investments,LLC,whose address is 2900"F"Street,Greeley Colorado 80631,and the PUBLIC TRUSTEE of the County or City and County in which the property described below is situated,in the State of Colorado, Witness: The grantor,to secure a promissory note or notes,hereinafter referred to in the singular,dated July'a c7 , 1996,for the total principal sum of$176,418.00 dollars,payable to the order of the County of Weld,State of Colorado,by and through the Board of County Commissioners of County of Weld,the beneficiary herein,whose address is 915 Tenth Street,Greeley,Colorado 80631,after the date thereof,with no interest thereon and subject to the provisions and conditions for forgiveness as set forth in said promissory note,does hereby grant and convey unto said Public Trustee the following described property,situate in the County of Weld, State of Colorado, to wit: The real property described and shown in the attached Exhibit"A." also known by street and number as 1255"H"Street,Greeley,Colorado 80631. TO HAVE AND TO HOLD the same together with all its appurtenances,in trust nevertheless,that in case of default in the payment of said note or any pan thereof,or in the performance of any covenants hereinafter set forth,then upon the beneficiary(note holder)filing notice of election and demand for sale,said Public Trustee,after advertising notice of said sale weekly,for not less than four weeks, in some newspaper of general circulation in said county,shall sell said property in the manner provided by law in effect at the time of filing said notice and demand,at public auction for cash,at any proper place designated in the notice of sale. Out of the proceeds of said sale said Trustee shall retain or pay first all fees,charges and costs and all moneys advanced for taxes,insurance and assessments,or on any prior encumbrance,with interest thereon,and pay the principal then due on said note,rendering the overplus(if any)unto the grantor;and after the expiration of the time of redemption,said Trustee shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part thereof at such sale. The grantor covenants that at the time of delivery of these presents,he is seized of said property in fee simple,and that said property is free of encumbrances,except the promissory note and deed of trust securing the same in favor of Union Colony Dank,Greeley,Colorado. The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for tire and extended coverage in an amount equal to the unpaid balance of said note with loss payable to the beneficiary,will deliver a copy of the policy to the beneficiary,and will pay all taxes and assessments against said property and amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums,taxes,or amounts due on prior encumbrance,the beneficiary may pay the same and all amounts shall become additional indebtedness due hereunder,and in case of foreclosure,he will pay an attorney's fees incurred by the beneficiary. Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property,the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder,and the grantor does hereby release and waive all claims in said property as a homestead exemption or other exemption now or hereafter provided by law. It is agreed that in case of default in payment of said principal or a breach of any of the covenants herein,then said principal sum hereby secured may at the option of the beneficiary become due and payable at once,anything in said note to the contrary not withstanding and possession of said property will thereupon be delivered to the beneficiary,and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property,who may be appointed by any court of competent jurisdiction. Whenever used herein the singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective heirs,personal representatives,successors,and assigns of the parties hereto. Executed the day and year first above written. TSE INVESTMENTS,LLC iJr ` te\Al` .1,2 L /Z_ Harold G. Evans,Manager and Member STATE OF COLORADO ) County of ) ss. The foregoing instrument was acknowledged before me this!"42 of July, 1996, by Harold G. Evans,Manager and Member,TSE INVESTMENTS,LLC. My Commission expires (L9Stilo i7 , 19%. Witness my hand and official seal. /e, Notary Public Address •If in Denver,insert"City and." WHEN RECORDED RETURN TO: Bruce T.Barker Weld County Attorney P.O.Box 1948 Greeley,Colorado 80632 M:\WPFILES\DEEDS\TSEDOT.WI 2504479 B-1559 P-949 08/05/96 04:07P PG 1 OF 2 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 2504479 B-1559 P-949 08/05/96 04:07P PG 2 OF 2 REVISED LEGAL DESCRIPTION A port of Tract "D" Weld County Business Park P.U.D., o subdivision within the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, and considering the East line of the Northeast Quarter (NE 1/4) to bear South 00' 00' 00" West, with all bearings contained herein being relative thereto; thence South 00' 00' 00" West along the East line of the Northeast Quarter (NE 1/4), a distance of 850.00 feet to the Centerline of "M" Street; and thence South 90' 00' 00" West along the Centerline of "M" Street, a distance of 80.00 feet; thence along a curve to the left having a radius of 500.00 feet, a central angle of 33' 00' 00" an arc distance of 287.98 feet, the long chord of which bears South 73' 30' 00" West, o distance of 284.02 feet; thence South 57' 00' 00" West, o distance of 440.00 feet to the Centerline intersection of 17th Avenue to the North and "H" Street to the South; thence South 33' 00' 00" East, a distance of 117.74 feet along the Centerline of "H" Street; thence South 57' 00' 00" West, o distance of 40.00 feet to the West right—of—way line of "H" Street; thence South 33' 00' 00" Eost, o distance of 77.34 feet along said right—of—way to the beginning of o curve to the right having a radius of 724.75 feet, o central angle of 09' 44• 40", on orc distance of 123.26 feet, the long chord of which bears South 28' 07' 42" Eost, a distance of 123.11 feet to the True _ Point of Beginning, said point being a set #4 rebar and cap, PLS #29413, hereofter referred to os set corners; thence continuing along said right—of—way and curve to the right having a radius of 724.75 feet, a central angle of 44' 15' 23", an orc distance of 559.81 feet, the long chord of which bears South 01' 07' 42" East, 545.99 feet to a point of tangency and a set corner; thence continuing along said right—of—way South 21' 00' 00" West, o distance of 122.00 feet to a set corner, said corner being the Southeast corner of Tract "D"; thence North 69' 16' 33" West a distance of .414.95 feet along the South line of Tract "D" to the beginning of curve to the right and a set corner; thence olon9 said curve having a radius of 339.49 feet, a central angle of 36' 16 33", an arc distance of 214.94 feet, the long chord of which bears North 51' 08' 22" West, a distance of 211 .37 feet to a point of tangency and o set corner; thence North 57' 00' 00" East 698.32 feet to the True Point of Beginning. Said Parcel of land contains 5.40 acres, more or less, and is subject to any rights—of—way or other easements as granted or reserved by Instruments of record or as now existing on said tract of land. I, John C . Day, a duly Registered Professional Land Survgxor in the State of Colorado; do hereby certify that on the day of "..1 t7 , 1996, that this description shown hereon was made by m or under my direction and is accurately described to the best of my knowledge and belief. 00 f``G/p.4.y.� EXHIBIT "A" o " z4 3 o' • °1/4"°1/46' /t- . Fs '•. f KLH ENGINEERING GROUP '1' .......�o �I 1 . CPFFI FY, roc nnnnn Hello