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Home My WebLink About982652.tiff `, �- � TOWN OF FREDERICK o � P.O. BOX 435 • FREDERICK, CO 80530 • Phone: (303) 833-2388 n 6v 4 FAX: (303) 833-3817 • METRO: (303) 659-8729 �- AI r.. September 8, 1998 Clerk of the Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 Re: Glacier Business Park 2 Annexation and Zoning To Whom It May Concern: In compliance with the provisions of Section 31-12-108(2) C.R.S., please find enclosed a copy of the published Notice of Public Hearing, together with copies of the Resolution and Petition, concerning the annexation to the Town of Frederick of territory therm described. The provisions of annexation laws of the State of Colorado require that such mailing be made to the Board of County Commissioners of the County, the County Attorney, and to each Special District or School District having territory within the area to be annexed. If you wish to have any comments submitted to the file, a response by October 1, 1998 would be appreciated. Sincerely, / r /.;aii G,,c.b, , Karen Borkowski Town Clerk cc: file • \a CC. P�. ; I (c l) C f�; C/YD, SUS e��) 962652 di FRe6 ?: ; -_ P TOWN OF FREDERICK P.O. BOX 435 • FREDERICK, CO 80530 • Phone: (303) 833-2388 •0 '\1 I Qr..�1 FAX: (303) 833-3817 • METRO: (303) 659-8729 \ , ?I • OI A1t- The Town of Frederick has received the following application: Applicant: GLACIER LLC/PHIL TRWIN„MANAGER Response Date: OCTOBER 1, 1998 Project: GLACIER BUSINESS PARK (SOUTH) 2 ANNEXATION & ZONING Legal: ENCT,OSFTh Location: SEE ENCLOSED MAP The project information is submitted to you for your review and comments. Please respond by the above date. • We have reviewed the request and find that there are no conflicts. • See attached response. • Comments: Signature Date Agency Town of Frederick, P.O. Box 435 Frederick, Colorado 80530-0435 (303) 833-2388 TOWN OF FREDERICK NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Trustees of the Town of Frederick, CO has adopted Resolution 98-R-13 initiating annexation proceedings for the Glacier Business Park 2 Annexation more particularly described in the following Resolution. The Town of Frederick will hold a Public Hearing on October 8, 1998 at 7:30 p.m. at the Town of Frederick Municipal Building, 333 5th Street, Frederick, CO. The purpose of the hearing is to determine whether the property proposed to be annexed meets the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town of Frederick and to determine the zoning of the proposed annexation. Zoning requested is PUD/Business, Industrial. Documentation of the above is available for public inspection at the Town of Frederick Administration Building, 401 Locust Street, Frederick, CO during normal business hours. Dated this 14th day of August, 1998. TOWN OF REDERRICK, COLORADO By n 41Lbe aren Borkowski, Town Clerk Publication dates: September 2, 9, 16, 23, 1998. RESOLUTION NO 98-R-13 WHEREAS, a petition for annexation of certain property has been filed with the Board of Trustees of the Town Frederick and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petitions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS: 1. The petitions,whose legal description is attached hereto as Exhibit A and incorporated by reference herein, are in substantial compliance with the applicable laws of the State of Colorado. 2. No election is required under C.R.S. §31-12-107(2). 3. No additional terms and conditions are to be imposed except those provided for in the petitions. 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104, and zoning the subject property if requested in the petition, at the Frederick Town Hall, Frederick, Colorado, 80530, at the following time and date: Thursday, October 8, 1998 at 7:30 P.M. 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass an ordinance annexing the subject property to the Town of Frederick, and shall pass an ordinance zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED this 13th day of AUGUST, 1998. BO OF FREDERICK,— Edward J. Ta 'ente, M or ATTESJ: rK en Borkowski,Town Clerk EXHIBIT A GLACIER PARK SOUTH LEGAL DESCRIPTION: A PARCEL OF LAND SITUATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER ONE-QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, NORTH 00°06'44" EAST 1,349.18 FEET TO THE SOUTHWEST CORNER OF FUTURA PARK NORTH P.U.D. SUBDIVISION AS RECORDED IN BOOK 1202, RECEPTION NO. 02147505, WELD COUNTY RECORDS; THENCE ALONG THE SOUTH LINE OF SAID FUTURA PARK P.U.D. SUBDIVISION, SOUTH 89°57'13" EAST 2,410.78 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 25, WHENCE THE NORTH ONE-SIXTEENTH CORNER OF SAID SECTION 3 AND SECTION 2, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS SOUTH 89°57'13" EAST 250.00 FEET; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00°10'35"WEST 1,344.64 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, WHENCE THE EAST ONE-QUARTER CORNER OF SAID SECTION 3 BEARS NORTH 89°56'18" EAST 250.01 FEET; THENCE ALONG SAID SOUTH LINE, SOUTH 89°56'18"WEST 2,409.28 FEET TO THE POINT OF BEGINNING, CONTAINING, 74.519 ACRES MORE OR LESS. TOTAL BOUNDARY: 7,513.88 FEET CONTIGUOUS CITY LIMITS: 2,410.78 TOTAL AREA: 74.519 ACRES BASIS OF BEARING: THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 AS BEARING NORTH 00°06'44" EAST. AtE.GALS31131 OOTcb°wt.en yea April 3, 1998 Revised July 23, 1998 GLACIER BUSINESS PARK ANNEXATION SUMMARY ADDENDUM The following information is to be included in the listed sections of the Annexation Summary. These additions supersede any contradictory information in the original submittal. A. Type of Development Outdoor storage is permitted in the commercial land use area. However, outdoor storage in commercial or industrial areas must be screened from adjacent roadways and the plans for screening must be approved by the Glacier Business Park Architectural Control Committee. C. Character of Glacier Business Park Metal buildings are permitted in the commercial and industrial land use areas, however, the covenants require upgraded front elevations through the use of roof overhangs and facades made with brick, stucco, block or other materials. Plans for the front elevations must be approved by the Glacier Business Park Architectural Control Committee. H U 181 004\SUBMITTA\SUMMARY.ADD GLACIER BUSINESS PARK PETITION FOR ANNEXATION Philip D. Irwin, managing member of Glacier LLC, landowner hereby petitions the Board of Trustees of the Town of Frederick for annexation to the Town of Frederick the following-described unincorporated area situated and being in the County of Weld, and State of Colorado, to-wit: (See legal description in Exhibit A attached hereto and incorporated herein by reference.) As part of this petition, petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that such area be annexed to the Town of Frederick, Colorado. 2.The requirements of C.R.S. Section 31-12-104 and 105, as amended, exist or have been met, in that: a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick within such time as required by 31-12-104; b. A community of interest exists between the area proposed to be annexed and the Town of Frederick, Colorado; • c. The area proposed to be annexed is urban or will be urbanized in the near future d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick, Colorado; e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more and which, together with the buildings and improvements situated thereon, has 1 assessed value in excess of two hundred thousand dollars ( $200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the terrirory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the area proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the Town's boundary in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise, adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 7. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 8. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed; 2 b. A map showing the boundary of the area proposed to be annexed, said map prepared and containing the seal of a registered engineer or land surveyor. c. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and, if part or all of the area is platted, the boundaries and the plat numbers of plots or lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective on January 1 next ensuing. 10. The zoning classification requested for the area proposed to be annexed is P.U.D.-Industrial/Business. WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed as described in Exhibit A. DATED: July 31, 1998 GLACIER LLC, Owner • By: Philip . Irwin, Managing Member STATE OF COLORADO ) ) ss COUNTY OF WELD ) Subscribed and sworn to before me by Philip D. Irwin, Managing Member of LLC this day of J��,� (�, , 19 y by t (� . ..I--( (..)3 Witness my hand and official seal. r �'4y`0' 1' My commission expires: I — - '300 <$41..s2 �1-\ ' (� 1 H:\3181 004\FRDANNEX.PEP 3 ,\ U jv0 l Os4Y. EXHIBIT A GLACIER PARK SOUTH LEGAL DESCRIPTION: A PARCEL OF LAND SITUATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER ONE-QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, NORTH 00°06'44" EAST 1,349.18 FEET TO THE SOUTHWEST CORNER OF FUTURA PARK NORTH P.U.D. SUBDIVISION AS RECORDED IN BOOK 1202, RECEPTION NO. 02147505, WELD COUNTY RECORDS; THENCE ALONG THE SOUTH LINE OF SAID FUTURA PARK P.U.D. SUBDIVISION, SOUTH 89°57'13" EAST 2,410.78 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 25, WHENCE THE NORTH ONE-SIXTEENTH CORNER OF SAID SECTION 3 AND SECTION 2, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS SOUTH 89°57'13" EAST 250.00 FEET; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00°10'35" WEST 1,344.64 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, WHENCE THE EAST ONE-QUARTER CORNER OF SAID SECTION 3 BEARS NORTH 89°56'18" EAST 250.01 FEET; THENCE ALONG SAID SOUTH LINE, SOUTH 89°56'18"WEST 2,409.28 FEET TO THE POINT OF BEGINNING, CONTAINING, 74.519 ACRES MORE OR LESS. TOTAL BOUNDARY: 7,513.88 FEET CONTIGUOUS CITY LIMITS: 2,410.78 TOTAL AREA: 74.519 ACRES BASIS OF BEARING: THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 AS BEARING NORTH 00°06'44" EAST. ktEGiLLSV 151 0P2GI.n.VZ as w°° April 3, 1998 Revised July 23, 1998 _ 7nnine Section 16-41 ARTICLE IV Fon Meridiem and flowcharts Sec. 169E Zoning application. ZONING APPLICATION FREDERICK, COLORADO APPLICANT Nam. ^ Glacier. LLC Y Phil.ip..D. Irwin,__M Address_.436._Coffman St,_5111.t.e. 9.Q__Lzagmont.—CD.__BD502_DQ08• Telepbone_....Q03.j.JL4.tZ15.4—_ SUBJECT PROPERTY Address See Attached Legal Description Lot, Block..__ Dimensions._..._ Present Zoning We-.G9JAilt.Y...&lx'.1L.u1.tu1rdl._..—_._.......�._.__... Freeentuse turP __............. �._...:..___. Requested Zoning. .Iawn_af_Er.edeaick,Plal..M._Ln Proposed Use .. ADJACENT PROPERTY Owners within MCP._...... ge_.At.tac.hesi_Er_Q.gert.Y....Riners..List..__...._ _..._. Adjatxat Zoning-...Erederick:».Pllll._..ththatxial.A_aus.mess.;_.We1d._C.ouut Agriculture Adjacent Uses_. _...Lpdu sr r i B OTT-IER INFORMATION Mica or punt plant attached showing auditing and proposed structures. Statement attached in support of request (Why is remising appropriate?) Fee attached (S33.O0) 1999 Time table new construction. use. July 31 , 1998 Date Applicant Signattue (Prior Zoning Appendix) to-so YOUR LAND TITLE GUARANTEE COMPANY CONTACTS February 10 , 1998 Our Order No . : FC178495-4 Buyer/Borrower: GLACIER, LLC Seller/Owner: CHRISAND INVESTMENT CORPORATION, A COLORADO CORPORATION, FORMERLY KNOWN AS VELTRIE ENTERPRISE INVESTMENT CO . , INC. , A COLORADO CORPORATION Property Address : VACANT LAND If you have any inquiries or require further assistance, please contact one of the numbers listed below: For Closing Assistance : For Title Assistance : ;:A.RIANNE AMBERG FORT COLLINS TITI:'i DEPARTMENT 9101 HARLAN ST. # 100 3500 JFK PARKWAY, SUITE 110 WESTMINSTER, CO 80030 FT. COLLINS, CO 80525 Phone : 303 427-9353 Phone : 970 282-3649 Fax: 303 430-1572 Fax: 970 282-3652 NOTE : ONCE AN ORIGINAL COMMITMENT HAS BEEN ISSUED, ANY SUBSEQUENT CHANGES WILL BE EMPHASIZED BY UNDERLINING. ******************************************************************* THANK YOU FOR YOUR ORDER! OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order # FC178495-4 For Information Only VACANT LAND - Charges - ALTA Owner Policy $989 . 00 Tax Report $15 . 00 - - TOTAL - - $1, 004 . 00 *** THIS IS NOT AN INVOICE, BUT AN ESTIMATE OF FEES . WHEN REFERRING TO THIS ORDER, PLEASE REFERENCE OUR ORDER NO . FC178495 -4 *** 1 . Effective Date : February 04, 1998 at 5 : 00 P .M. 2 . Policy to be issued, and proposed Insured: "ALTA" Owner' s Policy 10-17-92 $368 , 000 . 00 Proposed Insured: GLACIER, LLC 3 . The estate or interest in the land described or referred to in this Commitment and covered herein is : A Fee Simple 4 . Title to the estate or interest covered herein is at the effective date hereof vested in: CHRISAND INVESTMENT CORPORATION, A COLORADO CORPORATION, FORMERLY KNOWN AS VELTRIE ENTERPRISE INVESTMENT CO . , INC. , A COLORADO CORPORATION 5 . The land referred to in this Commitment is described as follows : THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 3 , TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO BY DEED RECORDED APRIL 6, 1957 IN BOOK 1474 AT PAGE 479 . PAGE 1 ALTA COMMITMENT SCHEDULE B-1 (Requirements) Our Order # FC178495-4 The following are the requirements to be complied with: 1 . Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2 . Proper instrument (s) creating the estate or interest to be ' insured must be executed and duly filed for record, to-wit : 3 . ARTICLES OF ORGANIZATION FOR GLACIER, LLC MUST BE FILED WITH THE SECRETARY OF STATE . A COPY STAMPED AND FILED WITH THE SECRETARY OF STATE MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. 4 . WARRANTY DEED FROM CHRISAND INVESTMENT CORPORATION, A COLORADO CORPORATION, FORMERLY KNOWN AS VELTRIE ENTERPRISE INVESTMENT CO . , INC . , A COLORADO CORPORATION TO GLACIER, LLC CONVEYING SUBJECT PROPERTY. NOTE : ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL- AFFIDAVIT AND AGREEMENT, AT CLOSING. NOTE : Item # 3 of Schedule B=1 (of your previous commitment) has been modified or deleted. NOTE : EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER' S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF OF AN INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM, EXCEPT THAT, THE REQUIREMENT FOR THE TOP MARGIN SHALL NOT APPLY TO DOCUMENTS USING FORMS ON WHICH SPACE IS PROVIDED FOR RECORDING OR FILING INFORMATION AT THE TOP MARGIN OF THE DOCUMENT. • PAGE 2 ALTA COMMITMENT SCHEDULE S-2 (Exceptions) Our Order _ FC178495-4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 . Standard Exceptions 1 through 5 printed on the cover sheet . 6 . Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer' s office . 7 . Any unpaid taxes or assessments against said land. 8 . Liens for unpaid water and sewer charges, if any. 9 . RESERVATION TO UNION PACIFIC RAILROAD COMPANY, ALL COAL AND OTHER MINERALS WITHIN OR UNDERLYING SAID LANDS . THE EXCLUSIVE RIGHT TO PROSPECT IN AND UPON SAID LAND FOR COAL AND OTHER MINERALS THEREIN, OR WHICH MAY BE SUPPOSED TO BE THEREIN, AND TO MINE FOR AND REMOVE FROM SAID LAND ALL COAL AND OTHER MINERALS WHICH MAY BE FOUND THEREON BY ANYONE . THE RIGHT OF INGRESS, EGRESS AND REGRESS UPON SAID LAND TO PROSPECT FOR, MINE -AND REMOVE ANY AND ALL SUCH COAL OR OTHER MINERALS, AND THE RIGHT TO USE SO MUCH OF SAID LAND AS MAY BE CONVIENIENT OR NECESSARY FOR THE RIGHT OF WAY TO AND FROM SUCH PROSPECT PLACES OR MINES . AND FOR THE CONVIENIENT AND PROPER OPERATION OF SUCH PLACES, MINES AND FOR ROADS AND APPROACHES THERETO, OR FOR THE REMOVAL THEREFROM OF COAL MINERAL, MACHINERY OR OTHER MATERIAL. THE RIGHT TO SAID UNION PACIFIC RAILROAD COMPANY TO MAINTAIN AND OPERATE ITS RAILROAD IN ITS PRESENT FORM OF CONSTRUCTION, AND TO MAKE ANY CHANGE IN THE FORM OF CONSTRUCTION OR METHOD OF OPERATIONN OF SAID RAILROAD . AS CONTAINED IN WARRANTY DEED RECORDED JUNE 4 , 1902 IN BOOK 201 AT PAGE 1 10 . EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE RIGHT OF WAY FOR STATE HIGHWAY NO . 185 (NOW KNOWN AS I-25) ALONG OR ACROSS THE ACCESS LINE DESCRIBED IN INSTRUMENT RECORDED APRIL 6, 1957 IN BOOK 1474 AT PAGE 481 . 11 . TERMS, CONDITIONS AND PROVISIONS OF SURFACE OWNER' S AGREEMENT RECORDED April 21, 1978 UNDER RECEPTION NO . 1751096 IN BOOK 829 . 12 . TERMS , AGREEMENTS, PROVISIONS , CONDITIONS AND OBLIGATIONS, AS CONTAINED IN SURFACE LEASE, BY AND BETWEEN CHRISAND INVESTMENT CORPORATION, A COLORADO CORPORATION AND AMOCO PRODUCTION COMPANY, A DELAWARE CORPORATION, RECORDED May 12 , 1978 UNDER RECEPTION NO. 1753300 IN BOOK 831 . 13 . EASEMENT AND RIGHT OF WAY FOR PIPELINE AND INCIDENTAL PURPOSES GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY, A DELAWARE CORPORATION IN INSTRUMENT RECORDED May 20 , 1980 UNDER RECEPTION NO . 1825310 IN BOOK 903 . PAGE 3 ALTA COMMITMENT SCHEDULE B-2 (Exceptions) Our Order # FC178495-4 14 . EASEMENT AND RIGHT OF WAY FOR ELECTRIC TRANSMISSION OR DISTRIBUTION LINE AND INCIDENTAL PURPOSES GRANTED TO UNION RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED October 16 , 1986 UNDER RECEPTION NO . 2073516 IN BOOK 1131 . 15 . ANY POSSIBLE WATER ENCROACHMENTS OR SEEPAGE DAMAGE OR OTHER MATTERS ARISING OUT OF THE FACT THAT THE SUBJECT PROPERTY IS BOUNDED BY WATER. PAGE 4 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENT Required by Senate Bill 91-14 A) The subject real property may be located in a special taxing district . B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer' s authorized agent . C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners , the County Clerk and Recorder, or the County Assessor. Required by Senate Bill 92-143 A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer' s authorized agent . GLACIER BUSINESS PARK, 2nd PHASE ANNEXATION SUMMARY Section One: Project Intent and Vision A. Type of Development The second phase of Glacier Business Park is an extension of the land use pattern established in the first phase. Industrial uses are planned for the west side of this phase. Commercial uses are planned on the east side along I-25. A combination commercial/industrial area is located as a transition between the industrial and commercial areas. Outdoor storage is not is not permitted in the commercial areas. Outdoor storage will be permitted in the industrial area however it will have to be screened from the adjacent street. B. Goals for Glacier Business Park, 2nd Phase The goal for Glacier Business Park is to develop an attractive, functional business park for a variety of commercial and industrial uses serving Fredrick and the surrounding area. C. Character of Glacier Business Park, 2nd Phase The second phase of Glacier Business Park will continue the landscaping and covenant development controls established in the first phase. The commercial lots along I-25 will have earth berms and landscaping to screen parking areas from the Highway however allowing visibility of the commercial activities. No outdoor storage will be permitted on these lots and the structures will have a unified architectural style. The entire development will be controlled by covenants which will require all lots to have, as a minimum, landscaping and paved parking areas in the front yards. In the industrial area rear yards may be gravel but they will be required to have 4' to 6' wood fencing around the perimeter for screening of outdoor storage. Metal buildings are permitted in the industrial area however the covenants require upgraded front elevations through the use of roof overhangs and facades made with brick, block or stucco. D. Reason for developing in Fredrick. The I-25 corridor provides good visibility and excellent access to this region. The interchange at Highway 52 has the availability and access to the infra-structure necessary to develop a business park and Fredrick offers a desirable small town living environment. E. Other information about Glacier Business Park Glacier Business Park will be an employment center for Fredrick and the surrounding area. The business park will offer locations for new industries and for expansion of existing industries. The commercial area provides locations for consumer services that may not have been available to Fredrick residents. Section Two: Community Enhancement A. Fitting the character of Fredrick The second phase of Glacier Business Park is designed to extend the street system established in the first phase and allow for the extension of the frontage road south as shown on the Transportation Map of the Comprehensive Plan. The Sketch Plan is not lotted to allow for customizing the lot sizes to the user needs. The requested zoning is P.U.D. with land use limitations on specific areas as delineated on the Sketch Plan. This is in accordance with Mixed Use Business/Industrial land use as designated on the Comprehensive Plan. Glacier Business Park, second phase, will have the same covenants on development as the first phase. These covenants require landscaping and paved parking areas in the front yards. The covenants control development to the extent that development within the Business Park will be consistent with the Fredrick Design Guidelines as they relate to architecture, landscaping, signage, lighting and building height and setback. Glacier Business Park, second phase, meets the locational aspects of the Neighborhood Planning Criteria. It has access to an arterial street and a major highway without passing through less intense land uses. This location will be close to other industrial uses and will be compatible with other uses at the Highway 52/1-25 interchange. There are two oil wells on the site. The plan provides a no structure safety zone around the wells and access easements for maintaining the wells. There are no extraordinary constraints to development and utility services are available to this site. B. For residential projects only. N.A. C. Benefit to Fredrick's economic base The second phase of Glacier Business Park will provide jobs and economic opportunities for the residents. It will also provide additional tax base to support Fredrick's municipal programs and projects. This location has good access and excellent visibility and provides an opportunity to attract new industries and businesses to Fredrick. D. Tie to Transportation System The second phase of Glacier Business Park will extend the street pattern established in the first phase. Access is from Highway 52. The Fredrick Transportation Plan projects the 1-25 Frontage Road through the center of this property. The extensioin of the frontage road was planned for in the first phase and is extended through this phase to the south property line. This will provide access to the property on the south and allow extension of the roadway to continue if necesary. E. Parks, Open Space and Recreation There are no parks or recreation facilities designated for this property on the Comprehensive Plan. Open space is shown along I-25. Landscaped setbacks are planned for the lots fronting on I-25. F. Protection of Environmental Quality Businesses locating in Glacier Business Park will comply with all applicable City, State and Federal noise, air and water quality standards. Central water and sewer utilities will be installed as part of the businees park. G. Cultural, Historic and Human Service Opportunities Section Three: Technical Criteria A. Technical Overview 1. The second phase of Glacier Business Park is in the Fredrick Planning Area. 2. The boundary of the second phase of Glacier Business Park that is contiguous with the Fredrick town limits exceeds the 1/6 requirement of State law. 3. This property is designated for Mixed Use Business/Industrial on the Comprehensive Plan. Glacier Business Park is designed and intended for the designated land uses. This site meets the locational criteria for business/industrial land uses. The necessary utilities infra-structure is available to this site. Access to the site does not require passing through less intensive land uses and it is adjacent to other planned business/industrial land uses. 4. The requested zone for the second phase of Glacier Business Park is PUD. The zoning code does not specify the uses permitted in the PUD zone. The Sketch Plan submitted with the annexation petition lists the general categories of uses allowed in the Business Park. 5. It is anticipated the second phase of Glacier Business Park will be developed in one phase in the summer of 1999. 6. The developer may finance the development through a loan using the land as collateral B. Application Package The annexation and zoning application is complete to the best of our knowledge. C. Land Use Requirements The requested zone for the second phase of Glacier Business Park is PUD. The zoning code does not regulate lot sizes, lot widths, setbacks, building heights, minimum square footage of buildings nor off-street parking for the PUD zone. These zone restrictions are established on the Sketch Plan that is adopted with the annexation. The second phase of Glacier Business Park will have the same standards as the first phase. These standards are the same as the B-I and I Districts which are as follows: Min. Min. Front Side Rear Min. Sq. Off- Lot Lot Yard Yard Yard Bldg. Ft. of Street Zone Size Width Setback Setback Setback Height Building Parking B-1 6,250 50 ft. 40 ft. none 15 ft. 35 ft. none 1/700 sq. ft. G.L.A. I 13,000 70 ft. 50 ft. 10 ft. 25 ft. 50 ft. none 1/700 sq. ft. G.L.A. The Glacier Business Park Architectural Control Committeewill determine what regulations are appropriate for each lot based on the use proposed for each lot. D. Technical Portion of Application Package The subsidence report completed by Goodson& Associates, Inc., dated June 27, 1995 submitted with the first phase covers the second phase area as well. ANNEXATION IMPACT REPORT Glacier Business Park Second Addition Annexation July 15, 1998 (A) Please see the attached Sketch Plan Map for the following information: ` Present and proposed boundaries of the municipality in the vicinity of the proposed annexation. * The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. ' The existing and proposed land use pattern in the areas to be annexed. (B) A copy of the annexation agreement will be forwarded upon review by the Town. (C) Several utility providers will be involved in providing the Glacier Business Park Second Addition Annexation with utilities. The Town of Frederick will provide the water service, St. Vrain Sanitation District will provide the property with sanitary sewer service, it will be served by Frederick Area Fire Protection District, US West will provide phone service, K-N Energy Inc. will provide gas service, and United Power will provide electric service. (D) The financing of all utility extensions will be the responsibility of the developer. (E) The Glacier Business Park Second Addition Annexation is within the following districts: • Northern Colorado Water Conservancy District(see attached letter) Left Hand Water District ' St. Vrain Sanitation District • St. Vrain Valley School District, RE-1J " Frederick Area Fire Protection District (F) Glacier Business Park Second Addition Annexation will have business/office, commercial and industrial lots. There will be no residential lots, therefore, the estimated number of students generated for the Saint Vrain Valley School District is zero. However, the additional tax base provided by annexing Glacier Business Park Phase II may provide additional economic support to the school district. H 13181 00211MPCTRPT WAD NORTHERN COLORADO WATER CONSERVANCY DISTRICT P.O.Box 679 Loveland,Colorado 80539-0679 1250 North Wilson Loveland,Colorado 80537 Phone(970)667-2437 FAX(970)663-6907 July 28, 1998 RECEIVED -�.- ;.,I.' 2 9 '998 DEFLECTORS Klaassen BOULDER COUNTY Ms. Karen Klaassen HIV' C.Rayner.Jan Rocky Mountain Consultants La Hanna Rue WrIgke 825 Delaware Avenue CO ' Suite 500 Mik e Appkgaia Longmont, CO 80501 WW/Iw H.Bate Maw*al.Knievel WED COUNTY Dear Ms. Klaassen: Was E.&kk der Kwiw Bonn J°"Mann As you have requested, we have checked our records for a parcel of WASHINGTON AND MORGAN COUNTIES land 74.519 acres described as Glacier Park South located in the E.LCanna S1/2NE1/4 of Section 3, Township 1 North, Range 68 West that is in LocencOUNT( the process of being annexed to the Town of Frederick. W®.a Gordan SEDGWICR COUN Y Our records indicate that this parcel of land DOES NOT appear to Ganges& be included within the boundaries of the Northern Colorado Water DIRECTOR EMERITUS Conservancy District (District). WAFarr Before any water service can be provided by the Town of Frederick, OFFICERS the record owners of this parcel must petition to have these lands ink.E.&kinder. included within the District boundaries. The Town of Frederick P 'w will be in violation of the District's policies and rules and E.L Crow, vae",mdew regulations if water service is provided without this parcel of land Ern 'R'a"" being included. Secretary Dudl a Zinddwva. IlcattueChief ;®seer Enclosed are the forms that are needed to have these lands included. • The Petition for Inclusion will need to be completed by the record LEGAL.COUNSELowners of the lands to be included. This Petition should be completed prior to the sale of any lots. Once lots have been Slow ecC ins km'Suet conveyed each lot owner will need to petition individually. Suite 1300 Denier,Colorado 80203 CONSULTANT J.A.Bankny Ms. Karen Klaassen Page 2 July 28, 1998 The NEPA questionnaire should be completed in great detail as to the plans for the subdivision and sent directly to Mr. Victor Grizzle, Eastern Colorado Projects Office, U.S.B.R., 11056 West County Road #18E, Loveland, Colorado 80537. All inclusions within the District boundaries are approved by the Board of Directors subject to receipt of Secretarial Assent by the Department of Interior. This questionnaire is necessary in order for the District to receive Secretarial Assent. The Processing Fees for inclusions are S 150.00. In addition, you will need to include the District Facilities Fee which is determined by using our factor of .0140 times the current assessed valuation of the land and the improvements. This inclusion process has been taking approximately three to six months to complete. If you have any questions or need additional information, please let me know. Yours very truly,y, Q,,, Marilyn L. Conley Head, Allotment Contracts Department me Enclosures cSt. (Rain cSanitation Histtiet (cS'aint clan) 7£Lpp£/240. P.U.Box 908 (303)776-9570 July 15, 1998 436 Coif.fie.�S t°200 (303)774-2349 7� .C.on5mont,CD 80502-09os REcE,VEr: Ms. Karen Clausen � Rocky Mountain Consultants 1998 825 Delaware Avenue, Suite 500 ) Longmont, Colorado 80501 U; Re: Commitment to Serve Dear Karen: This letter was requested in regard to Glacier Business Park, Filing II, Frederick., Colorado, located within: The NE/4 of Section 3, TIN, R68W of the 6th P.M., Weld County, Colorado The Property will be served by this District's municipal type collection system and aerated lagoon treatment plant constructed to Colorado Department of Health and Environment standards and operated subject to the Colorado Discharge Permit system. This project complies with the District's Master Plan. A Sewer trunk line is available directly north of Glacier Business Park to serve both Filings I and II. St. Vrain Sanitation District has 1,852 SFE (single family equivalent) taps of which 749.4 have been purchased, resulting in 1,102.6 available for purchase. These taps are available to referenced property and other eligible properties on a first-come, first-served basis. As the present supply of taps is consumed, the District plans to increase the size of its treatment plant to serve 5,555 SFE taps. These additional taps would also be made available on a first-come, first-served basis. The above-referenced property is eligible to utilize the available supply of taps on a first-come, first-served basis, subject to the following: a. Execution of a Subdivision Service Agreement; b. Design and construct an on-site collection system in accordance with District standards, approved by the District; c. Purchase of the required number of taps, as needed; and d. Compliance with the District Rules and Regulations. Ms. Karen Clausen July 15 1998 Page 2 Should this property wish to obtain an absolute commitment to serve, taps may be prepurchased and held until needed. Monthly service charges will be assessed upon connection to the District or twelve months after purchase, whichever comes first. The Subdivision Service Agreement also provides for reservation of taps for thirty-six months at Applicant's discretion. Should you have any questions concerning this matter, do not hesitate to contact me. Very truly yours, ST. VRAIN SANITATION DISTRICT By JO"o�" ,�,, L. D. Lawson,P.E. Manager LDL:mcj cc: Town of Frederick Mr. Phil Irwin CLumCOM Disk Frederick Area Fire Protection District P. O. Box 129, Frederick, Colorado 80530 Ph. 303-833-2742 EEC RIi Jul 2 , IL_ Date: July 17, 1998 RMC To: Rocky Mountain Consultants, Inc. 825 Delaware Avenue, Suite 500 Longmont, Colorado 80501 Ref Glacier, LLC RMC Job No. 80-3181.002.41 To Whom This May Concern; The Frederick Area Fire Protection District currently provides service to Section 3 TIN, R68W of the 6th Principal Meridian, Weld County, Colorado. The Fire District will provide service to the development listed above and all developments within the above named legal section of ground. If you have any questions, please call me at 303-833-2742. Thank You & God Bless Sincerely; Domenic A. Chioda Fire Chief LEFT HAND WATER DISTRICT October 7 , 1997 Phil Irwin Glacier, LLC 2299 Pearl St. Ste 400 Boulder, CO 80302 Re: Participation Agreement - Glacier Business Park Dear Phil: As a part of the conditional commitment to serve 100 tap equivalents far the Glacier Business Park project and the adjacent properties, the District has required a 12" Line extension along Highway 52 , from WCR 7 to the Coffee Urn. This letter is to confirm the District' s commitment to enter into a Participation Agreement upon completion of the required line upgrade. This agreement will set out a formula to collect a proportional amount of the costs of the upgrade from each tap connected to the line, including those within your project. A copy of our standard Participation Agreement is enclosed for your review. As I mentioned earlier, it is best to have the line designed and the waterline installation substantially completed before executing the agreement, in order to accurately reflect the actual costs. Sincerely, Kathyn District Manager P.O. Box 210 •Niwoc CO. 30544 •(303) 530-4200 • Fax (303) 530-5252 SUBDIVISION SERVICE AGREEMENT 1. PARTIES. The parties to this Agreement are the LEFT HAND WATER DISTRICT (District) and, GLACIER, LLC (Applicant). 2. RECTTALS AND PURPOSE. The Applicant is the owner of certain property described herein. The District is a special district organized under Colorado law which provides water -service to its customers for which monthly service charges are made. The Applicant desires that _, -- the District commit to provide water service within the boundaries of the property described herein and to purchase a minimum number of taps each year for four consecutive years. The purpose of this Agreement is to set forth the terms and conditions concerning the District's tap • commitment and supplying such service to Applicant's property. Accordingly, the parties agree to the following provisions in consideration of the mutual covenants set forth herein. 3. LEGAL DESCRIPTION OF PROJECT. The Applicant is the owner of certain parcel of real property located in Section 3, Township 1 North, Range 68 West of the 6th PM, Weld County, Colorado, known as the Glacier Business Park Annexation to the Town of Frederick. The Applicant agrees to furnish a reproducible copy of the preliminary plat to the District and said plat is expressly incorporated in this Agreement. Any change or alteration in the area, size, shape, density, usages, requirements, tap equivalents needed, or timing of development of the subdivision which may affect the number of tap equivalents required for the project or the provision of water shall first require the written approval of the District. For purposes of this Agreement, the term "project" shall mean the property described herein. 4. TOTAL NUMBER OF TAPS COMMITTED TO PROJECT. For purposes of this Agreement, the term "tap' shall mean that size of a connection to one of the District's treated water distribution lines and which is utilized and designed for a single family or its equivalency pursuant to the Districts rules and regulations. Applicant represents that the total number of taps requested for the project upon total completion is 45. District hereby conditionally commits to sell such total number of taps to Applicant for use solely within the project, subject to the execution of this Agreement and the performance of its terms and conditions, and subject to the District's policies and procedures. 5. RAW WATER TRANSFER. 5.1 Within sixty days of execution of this Agreement, Applicant shall transfer 60 units (representing approximately 1.33 units per tap) of Colorado-Big Thompson Project water, administered by the Northern Colorado Water Conservancy District. Such 60 units represent 100% of the approximate raw water requirement for the 45 committed taps (utilizing the District's current ratio of units per tap). Applicant shall pay all of the required transfer fee charged by Northern Colorado Water Conservancy District. Applicant further warrants and represents that said units are free of all liens and encumbrances as evidenced by a legal opinion of Applicant's attorney, or a title insurance commitment. 5.2 The raw water transferred hereunder is in lieu of the raw water component of the plant investment fee. Applicant agrees to complete the purchase of the 45 committed taps by payment of the remaining components of the then applicable tap fee, excluding the raw water component, in accordance with the following schedule, provided that any taps fully purchased in any given year in excess of the minimum specified below shall be credited to the following year's minimum: 5 taps in 1998 10 taps in 1999 10 taps in 2000 10 taps in 2001 10 taps in 2002 5.3 In the event that the Applicant fails to complete the purchase the minimum number of taps in each year specified above, or fails to complete the purchase of all 45 taps by December 31, 2002, the District shall retain the raw water shares/units transferred hereunder as liquidated damages and the obligation of the District to provide further taps shall be terminated. The undersigned acknowledges that by extending this Agreement, the District has agreed to commit a definite portion of the total capacity of its system to the Applicant and therefore must look to the Applicant for performance of its obligations to purchase the committed taps in order for the District to meet its financial obligations. 5.4 In the event of an intended increase in the tap fee charges (excluding the raw water component) District agrees to give notice of the proposed increase to the Applicant at least 30 days in advance of the effective date of such increase. 6. DESIGN SPECIFICATIONS. 6.1 It is agreed, as a condition precedent to service, that all necessary lines and appurtenant facilities which are to be constructed within the project and which are necessary to connect with the lines of the District as presently engineered and installed, or as proposed for construction, shall be in accordance with design and engineering standards and specifications as fixed by the District from time to time. 6.2 The parties understand and agree that the Applicant and Applicant's surcPssors in title shall be solely and exclusively responsible for service lines (those lines which run from the individual tap to the individual residence or other structure). 6.3 Applicant agrees that the actual installation and construction shall be subject to the supervision and inspection by the District and all costs of engineering study, review and approval and inspection shall be at the cost of, and paid by, Applicant. Applicant further agrees to give the District, through the District's Engineer, adequate notice, prior to commencement of construction, of the date when such construction shall begin. Completion of construction, inspection approval by the District, payment of all construction costs, and delivery to the District of a complete and accurate set of "as built" drawings showing the exact location of all lines and facilities, including service lines, shall be conditions precedent to the District's providing service. 7. CONNECTION AND MINIMUM SERVICE CHARGES. Water service charges 2 commence upon connection of the property to the District's system or as may be otherwise provided by the applicable rules and regulations of the District. Applicant acknowledges that minimum monthly service charges may become due and payable when a tap is connected to the District's water system, regardless of actual usage. 8. EASEMENTS. Applicant shall furnish, at Applicant's expense, all easements, rights-of- way, and consents within the project (other than dedicated utility easements or rights of way) which may be required before the construction of any portion of the water lines and appurtenant - - facilities which may be needed to service the project. Such easements, rights-of-way and consents shall be provided prior to commencement of construction. 9. SALE OF LINES. Upon completion, approval and acceptance of the work by the District, this Agreement shall operate as a sale, conveyance, transfer and assignment by the Applicant of all Applicant's interest and ownership in said lines and property to the District, free and clear of all liens and encumbrances, and shall warrant that the work has been done in accordance with the laws of the.State of Colorado, and all other governmental subdivisions, agencies and units and in accordance with the design standards and requirements of the District. Applicant shall guarantee the lines as installed against faulty workmanship and materials to the District for a period of two years and shall, during said period, pay all cost and expense of repair or replacement of said lines and, at the request of the District, furnish bond guaranteeing said repair and replacement. Upon completion, approval, acceptance, conveyance and transfer of lines and facilities to the District, the District shall assume all responsibility thereafter, and all cost and expense for operation maintenance except as to the above two-year furnish bond guaranteeing said repair and replacement. Completion of construction, inspection, approval and acceptance by the District, transfer of lines and facilities to the District, payment of all construction costs and expenses required to be done and paid by the Applicant are conditions precedent to the obligation of the District to furnish and provide water service. 10. WATER SERVICE. 10.1 The Applicant acknowledges that District is responsible only for making available to each tap such water pressure as may be available at the point of delivery as a result of the District's normal operation of its water system. The District may temporarily disconnect the flow of water in the main or at the point of delivery in order to repair, maintain, test, improve, or replace the main or other portions of the District's water distribution, storage and or supply system. 10.2 Applicant covenants and agrees that it will not make any warranties or representations to any homebuilder, developer, home owner, lessee, tenant, property owner, or any other person or entity, regarding the District's water system, pressure, or flows. 10.3 Should it be determined that any tap has been or is being constructed or placed into service which has not been properly approved by the District, the District at is sole discretion shall have the right to turn off all or any part of the water service which is established pursuant to the Agreement until such time as the unauthorized tap is properly approved, provided that a written notice of such pending action is mailed to the Applicant at the address stated herein, 3 postage prepaid at least ten days prior to said action. 10.4 Applicant covenants and agrees that it will not allow any use or reuse of the District's water outside of the project. 11. DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to the monthly service charges and all rules and regulations of the District which may be in force from time to time. 12. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary notwithstanding, the obligation of the District to furnish water service ender this Agreement, is limited by and subject to all orders, requirements and limitations which may be imposed by federal, state, county or any other governmental or regulatory body or agency having jurisdiction and control over the District and the operation of its system. 13. DOCUMENTS TO BE FURNISHED. Upon execution of this Agreement, or at such time or times as may be requested by District, Applicant agrees to furnish District the following: 13.1 A topographical survey of the property described in this Agreement. 13.2 Subdivision plat (or individual plats if the project is phased) approved by appropriate regulatory agencies, together with requirements and conditions fixed by such agencies for development and evidence of the Applicant's compliance or plan for compliance. 14. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of the Agreement. 15. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 16. INTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement represents the entire agreement between them and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. The Applicant shall reimburse the District for any expenses incurred by the District in connection with any amendment of this Agreement requested by the Applicant. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. All prior agreements and contracts between the parties and regarding the sale and purchase of taps are hereby rescinded. 17. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through 4 negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Boulder County. 18. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement without the prior consent of the District, provided said assignment is in writing and further provided that the assignment is made in conjunction with a transfer of all or substantially all of the property described herein. No assignment shall, however, be effective upon the District unless and until the District receives written notice of the assignment. 19. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representative, surrpcsors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of the Agreement except as otherwise specifically authorized herein.. DA 1'ED: CcA D b u / lv , 1997. LEFT HAND WA CT By: 'dent P.O. Box 210 Niwot, Colorado 80544 ATTEST: sZetA- ) 1 GLA By 7 )/ Tide: L.HWEASUBSEILFUTURA 5 SCHEDULE A The land referred to in this commitment is situated in the-State of Colorado and is described as follows: - That part of the North Half of the Northeast Quarter of Section 3, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the North line of the Northeast Quarter of said Section 3 as bearing North 89 degrees 51 minutes 30 seconds East, and with all bearings contained herein relative thereto: Beginning at the Southwest corner of said North Half Northeast Quarter; thence North 00 degrees 06 minutes 33 seconds East along the West line of said North Half Northeast Quarter 1244.82 feet to a point on the Southerly line of Colorado State Highway No. 52; thence North 89 degrees 58 minutes 30 seconds East 664.26 feet along said Southerly line to the Northwest corner of Puritan Place Commercial Subdivision as shown on plat recorded September 28, 1982 at Reception No. 1904833; thence South 00 degrees 02 minutes East 389.76 feet along the West line of said subdivision to the Southwest corner of said subdivision; thence South 85 degrees 34 minutes 07 seconds East along (1) The Southerly boundary line of said Puritan Place Commercial Subdivision (2) the Southerly boundary line of a parcel of land conveyed to Skelly Oil Company by Warranty Deed recorded July 7, 1967 in book 583 as Reception No. 1505462 and (3) the Southerly boundary line of a parcel of land conveyed to Denver R. Mannon and Billye Y. Mannon by Warranty Deed recorded May 24, 1978 in book 832 as Reception No. 1754420 a distaure of 1605.15 feet to a point on the Westerly line of Tnrerstate Highway No. 25; thence South 13 degrees 36 Minutes 59 seconds East 606.39 feet along said Westerly line; thence South 00 degrees 10 minutes 31 seconds West 143.92 feet along said Westerly line to a point on the South line of said North Half Northeast Quarter, thence North 89 degrees 57 minutes 13 seconds West 2409.52 feet along said South line to the Point of Beginning. • Except a 25 foot strip of land as conveyed by deed to Colorado State Highway Department recorded May 31, 1989 in book 1234 as Reception No. 2181132 and being more partirntarly described as follows: Beginning at a point on the West line of the Northeast Quarter of Section 3, Township 1 North, Range 68 West of the 6th P.M., County of Weld State of Colorado, from whence the North Quarter corner of said Section 3 bears North 00 degrees 06 minutes 33 seconds East, 77.1&feee and with all other bearings contained herein relative thereto; thence North 89 . degrees 58 minutes 30 seconds East, 664.26 feet; thence South 00 degrees 02 minutes 00 seconds East, 25.00 feet; thence South 89 degrees 58 minutes 30 seconds West, 664.32 feet; them North 00 degrees 06 minutes 33 seconds East, 25.00 feet to the Point of Beginning. AND, the South one half of the Northeast quarter of Section 3, Township 1 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, excepting therefrom that portion conveyed to the Dept. of Highways. State of Colorado by deed recorded April 6, 1957, in Book 1474 at page 479. P ';EIVED j1 i ? 1998 U. S. West Communications L'}.1VEST'- 12680 Weld County Rd. 58 i-tlVIC Greeley, Co. 80634 JTJLY 23, 1998 Karen Klaassen Rocky Mountain Consultants Inc. 825 Delaware Av. Suite 500 Longmont , Co. 80501 Subject: Glacier Business Park Second Addition Dear Karen U. S. West Communications will provide telephone service to the above mentioned development , in accordance with the Tariffs on file with the State of Colorado Public Utilities Commission Sincerely Yours, yeetjeAX esse L. Trujillo Manager U. S. West Communications knd Jul-27-98 08 : 53A KN Appliance Center 3038332174 P . 01 SIMPLE CHOICE m.pl..dby9i•p..r... L II N NI CI ING IU IHE LUIUHE 7-27-98 AMC 825 Delaware Ave, Suite 500 Longmont , Colo 80530. Dear : AMC A recent inquiry was made by your firm, (AMC), regarding the availability of natural gas to a proposed development, (7 & 52 or Glacier Business Park). KNEnergy pipelines could provide adequate supplies of natural gas for your present projected load demand as this borders our existing facilities. It is the desire of KNEnergy to serve new and existing developments in our service territories, As your project progresses, please allow us to provide your firm with any additional information as necessary. You may rely on us to provide you with exceptional utility and service needs. I am available at the following number 1-303-833-3313 extension 22. to assist you in any way that I can. Thank you for the opportunity to serve you, Ted Willden KNEnergy, Inc. awre79 P.O. Box 437 323 5rh Sr Frederick. CO B0530-0437 AINITED POWER UNITED POWER, INC. P.O.BOX:929,BRIGHTON,CO 80601 TELEPHONE:(303)659-0551 ■1-800-468-8809 FAX(303)659-2172 July 21, 1998 httpl/www.unitedpower.com Ms. Karen Klaassen Glacier Business Park, LLC. 2299 Pearl Street, Suite 400 Boulder, CO 80302 Dear Ms. Klaassen: SUBJECT: Glacier Business Park United Power is ready, willing and able to provide three-phase electric service to Glacier Business Park, Phase II. We have ample capacity available for such commercial and industrial loads as may occupy the Park. Electric customers who locate within the Business Park will be customers of the Town of Frederick and will be billed according to rates as set by the Town. Street light locations will be required by the Town of Frederick. We look forward to working with you on the development of Glacier Business Park. If you have any questions, please give me a call. Sincerely, UNITED POWER, INC. 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